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

Vol. 162 WASHINGTON, WEDNESDAY, MARCH 2, 2016 No. 34 House of Representatives The House met at 10 a.m. and was wrestle Coach Baeb; and I have to tell Harris-Perry was talking about politics called to order by the Speaker pro tem- you, wrestling Coach Baeb was like in a unique way, like few others on the pore (Mr. JODY B. HICE of Georgia). wrestling a bear. airwaves. She brought diverse voices to f Unfortunately, I only had 1 year of the table to talk directly and coaching from Mike, and I certainly unapologetically about the politics of DESIGNATION OF SPEAKER PRO could have benefited from many more. race in America, a major theme among TEMPORE During his time as coach, Mike won 8 candidates and a critical conversation The SPEAKER pro tempore laid be- Central Suburban League Conference to include on the airwaves. fore the House the following commu- championships, 13 IHSA Regional I am sad to see her go, just like Alex nication from the Speaker: championships, and 7 State place win- Wagner before her, but I am even sad- ners. der because I don’t think these are iso- WASHINGTON, DC, lated cases. March 2, 1016. Coach Baeb has also been a leader, a Anchorman Jose Diaz-Balart is an- I hereby appoint the Honorable JODY B. friend, and a mentor to many students other voice that seems to be dis- HICE to act as Speaker pro tempore on this over the past 30 years, all of whom are day. better off having been under his leader- appearing from English language air- PAUL D. RYAN, ship, and that includes myself. waves. You remember Jose. He is the Telemundo anchorman NBC would Speaker of the House of Representatives. I offer my sincere thanks to Coach bring out to ask a question—only one f Baeb for his friendship and for his lead- question—about immigration during ership. I wish him all the best in his fu- MORNING-HOUR DEBATE the Republican Presidential debates in ture endeavors. The SPEAKER pro tempore. Pursu- 2012. f ant to the order of the House of Janu- You may have met his brother Lin- ary 5, 2016, the Chair will now recog- DIVERSITY ON NETWORK coln. He used to sit over there, and his nize Members from lists submitted by TELEVISION other brother MARIO still does. Jose had a 2-hour show on MSNBC and did a the majority and minority leaders for The SPEAKER pro tempore. The very good job, but Jose is a lot harder morning-hour debate. Chair recognizes the gentleman from to find these days. They cut him back, The Chair will alternate recognition Illinois (Mr. GUTIE´ RREZ) for 5 minutes. and now it seems that they are cutting between the parties, with each party Mr. GUTIE´ RREZ. Mr. Speaker, when limited to 1 hour and each Member him out. we got our first color TV, it was a big For example, MSNBC announced that other than the majority and minority deal in my family. We were working they were sending a team of reporters leaders and the minority whip limited class, Puerto Rican, and not used to to to report on the primary to 5 minutes, but in no event shall de- such luxury; so when we got a color next Tuesday, but not Jose, one of the bate continue beyond 11:50 a.m. TV, we had really arrived in America. most respected and recognized journal- f Every Sunday night, my sister and I ists in America, who happens to be would watch ‘‘The Wonderful World of HONORING COACH MIKE BAEB from Miami and a Florida political dy- Disney’’ that always started with the nasty. Apparently he is not the right The SPEAKER pro tempore. The same announcement: ‘‘The following guy to report on politics in Florida. Chair recognizes the gentleman from program is brought to you in living Let’s not forget the great NBC rac- Illinois (Mr. DOLD) for 5 minutes. color on NBC.’’ Then you would hear ism flip-flop last year when NBC sev- Mr. DOLD. Mr. Speaker, I rise today the NBC chimes. ered its ties to Donald Trump because to recognize New Trier High School Well, that was a long time ago. Now of his racist remarks about Latinos, wrestling coach Mike Baeb, who is you turn on NBC, and the furthest only to have him host their flagship leaving New Trier after helping lead thing from your mind is color. What is comedy show ‘‘Saturday Night Live’’ a the wrestling program for over 30 going on at NBC? Last week Wake For- few months later. years. est University professor and MSNBC That was right about the same time When he arrived at New Trier, he television host Melissa Harris-Perry last fall when NBC’s executives met truly injected new life into the pro- was abruptly pulled from the airwaves with members of the Congressional gram, and I should know because I was without even a chance to say good-bye. Hispanic Caucus and NBC News Presi- a senior on the wrestling team when he NBC said they wanted a show that dent Deborah Turness told us, ‘‘We love came in as a coach. As a senior and the was more about politics, but I have to the Hispanic community,’’ as she up- captain of the team, I often had to say, when I watched her show, Melissa dated us on strides they were making

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 03:46 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.000 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1088 CONGRESSIONAL RECORD — HOUSE March 2, 2016 on diversity in hiring. She made it very Logan branch in West Virginia. We Since 2007, our bipartisan team in clear that she had our community’s in- have lived here for all of our lives. Congress, including a number of Mem- terests at heart when she said, ‘‘Yo ‘‘Due to the declining coal industry, bers who have recently joined us who hablo Espan˜ ol’’ in her beautiful British we had to move to another State and served in Iraq and Afghanistan and accent. move our daughter from the school know these circumstances firsthand, Most of the news coverage of this that she loves. has been working to reform and revise meeting was about when she used the ‘‘We have a lot of friends and family the program, sometimes fighting just term ‘‘illegals’’ to describe immi- that have either had to pack up and to keep it alive. grants, which, in case you need a re- move away also and some that have In November of last year, the Na- minder, is not a good idea when you stayed and have been laid off and are tional Defense Authorization Act ex- are meeting with members of the Con- suffering. tended and expanded the Afghan SIV gressional Hispanic Caucus. ‘‘This is all due to Obama’s war on program to ensure the continued pro- Well, forgive me for not noticing just coal. You see, when coal is affected, so tection of these souls. However, the how much progress NBC was making are small businesses, schools, and final version of the bill also lengthened on diversity when some of the most much more, especially people’s liveli- the period of service from 1 to 2 years visible people of color at NBC, like hoods.’’ required for individuals ‘‘submitting a Alex Wagner, Melissa Harris-Perry, and Mr. Speaker, the people of my dis- petition after September 30, 2015.’’ Jose Diaz-Balart, are disappearing. trict want to work. They want a pay- The State Department’s initial an- But let’s be clear: this is not about check to provide for their families. nouncement on the interpretation of quotas, window dressing, or checking They want a better future for their the law would have made more than the diversity box. Journalists of color children. 3,000 of our Afghan allies who had al- bring a different texture and a different Thanks to the war on coal, thanks to ready begun the cumbersome applica- perspective on what issues matter and the EPA’s regulations putting coal tion process start over to demonstrate what should be discussed and debated mines out of business, West Virginians the 2 years of qualifying employment. on television. are suffering. This administration That is why Representative KINZINGER The reality is that our Nation has be- needs to put West Virginians back to and I prepared this bipartisan letter to come more diverse, and our television work, not put West Virginians out of call on the State Department to revisit and our news media and our political work. the interpretation. institutions, including the Democratic f Thankfully, after review and consid- and Republican Parties, have not kept SPECIAL IMMIGRANT VISA eration of the concerns from Members up. PROGRAM of Congress, the State Department When NBC has a bad year when it agreed to apply the 2-year requirement The SPEAKER pro tempore. The comes to race, or when the Oscars have only to new applicants. This is wel- Chair recognizes the gentleman from a couple of bad years when it comes to come news. (Mr. BLUMENAUER) for 5 min- people of color, these are moments to Every hour that is delayed to relo- utes. talk about and confront the emotions cate these vital partners to safety, puts Mr. BLUMENAUER. Mr. Speaker, and ideas we all have—we all have— their lives at risk and lives of their about race and ethnicity. today a bipartisan group of several dozen Members from both sides of the families. I am glad we have put this be- It is a good time to think about what hind us perhaps, but we cannot keep aisle led by ADAM KINZINGER and me the phrase ‘‘e pluribus unum’’ really operating in this inefficient manner means in America today. This is a dis- were going to be sending a letter to Secretary Kerry, and I am pleased to while our allies and their families face cussion we should all be having all of consistent threats. the time here in this body, on news say we don’t have to send it. programs, and in entertainment. It is a The origin of the request dealt with b 1015 discussion I hope every family is hav- our military operations in the Middle They deserve better. And we can do ing at their dinner table. East, the brave Iraqi and Afghan men better. and women who provided sensitive and f It is shameful that we cannot better trusted services to United States mili- serve those who have put their lives on TAMMY BATEMAN’S STORY tary personnel. For over a decade, I the line to help us. It seems that there The SPEAKER pro tempore. The have been working to try and protect is always another roadblock that oc- Chair recognizes the gentleman from them. curs. West Virginia (Mr. JENKINS) for 5 min- These Iraqis and Afghans who worked This should be a bipartisan issue that utes. with Americans, whether as drivers or Members of Congress and the adminis- Mr. JENKINS of West Virginia. Mr. interpreters, were shoulder to shoulder tration can work together on to save Speaker, every West Virginian knows with our troops, often in dangerous cir- lives. It is not just saving the lives of about the consequences of the war on cumstances. In some instances, we the people who helped us. coal. We see it everywhere we go: have heard how their services literally It ensures the safety of our troops mines are closing; school districts are made the difference as to whether our and other American personnel cur- laying off employees; county commis- soldiers lived or died. rently serving in harm’s way. It will sions are forced to lay off deputy sher- Now, thousands of our allies who ensure the success of our future mis- iffs; retailers are going out of business; helped us, face kidnapping, torture, sions. No one in their right mind will mom-and-pop stores are struggling, and murder as a direct result of their cooperate with American forces under barely able to hang on. assistance provided to the United dire circumstances if we abandon them A pink slip doesn’t mean just a loss States because members of the Taliban after their vital assistance. of a job. It means a loss of a way of life; and the self-proclaimed Islamic State I applaud the State Department’s re- it means hard choices; and for some it and other hostile elements on the interpretation of this work require- means having to leave West Virginia ground see these individuals’ service as ment and look forward to working with entirely to find work elsewhere. The an act of betrayal—and they have long my colleagues on the SIV program im- war on coal is killing West Virginia memories. provements this year. I hope we can do jobs. To reward their faithful service and a better job to meet our responsibility Tammy Bateman and her family had to fulfill our moral obligation, I have to these souls who risked so much to to make a difficult decision. It changed worked with colleagues on both sides of help Americans. the life of every member of her family, the aisle and with Senators, starting f in particular that of her daughter. with Senator MCCAIN and the late Sen- Tammy is a West Virginia coal voice. ator Kennedy in 2007, to create a spe- REFORMING OUR MENTAL HEALTH This is her family. cial immigrant visa program. Known as CARE SYSTEM Here is what Tammy wrote to me: the SIV program, enables the safe relo- The SPEAKER pro tempore. The ‘‘My husband worked for Cecil Walk- cation of these Afghans and Iraqis to Chair recognizes the gentleman from er Machinery for over 20 years at the the United States. New Jersey (Mr. LANCE) for 5 minutes.

VerDate Sep 11 2014 00:45 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.002 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE March 2, 2016 CONGRESSIONAL RECORD — HOUSE H1089 Mr. LANCE. Mr. Speaker, I rise supporting families and individuals un- rights of LGBT individuals at a dif- today in strong support of reforming dergoing sudden or long-term mental ficult time in our Nation’s history. our Nation’s broken mental health care health crises. The bill views those who It took great courage, but George system. need care through the mental health was never one to shy away from taking Too often we are reminded that the lens, not just through the criminal jus- a stand. George had a passion for pub- country’s mental health care system is tice system. lic service and a sincere faith that our not working nearly as well as should be Our work on these bills is part of a representative government plays a role the case. Many Americans hide behind larger conversation on improving men- in improving lives. the curtain of shame and insecurity tal health care in this country. These He worked alongside his good friend, while many others lack access, assist- bills will help struggling families who Seattle’s mayor Ed Murray, was chair ance, or even information on how they seek the best care for their loved ones. of the King County Democratic Party, may receive treatment. It will help those who fear stigma to and worked for the 1996 Clinton-Gore It is a vicious cycle, where the vul- get the care they need and will give our campaign. Later, moving to San Fran- nerable who need the most care are in- servicemen and -women and veterans cisco, he worked side by side with stead left out of society, unemployable, the care they deserve. Cleve Jones, another prominent LGBT and, in some cases, a danger to them- I urge support for these measures, rights activist. selves and others. and I welcome all good ideas to the From Washington to San Francisco, Recent data suggests that fewer than table for reforming our mental health to our beautiful desert in the Coachella one-third of Americans with care system. Valley, George made an enormous im- diagnosable mental illness actually get f pact. After moving to the Valley, he treatment. Experts also estimate that worked in the office of the great Sen- CELEBRATING GEORGE ZANDER’S more than half of those who suffer ator BOXER. from severe mental disorders do not re- LEGACY He was a member of the Palm ceive treatment in any given year. The SPEAKER pro tempore. The Springs Police Advisory Board, the At least 25 percent of returning Chair recognizes the gentleman from Palm Springs Police Department LGBT troops from Iraq and Afghanistan will (Mr. RUIZ) for 5 minutes. Outreach Committee, and vice chair of experience some type of mental health Mr. RUIZ. Mr. Speaker, I rise to rec- the Warm Sands Neighborhood Organi- condition. We owe our servicemen and ognize and celebrate the life of a mag- zation. -women and veterans this effort to get nificent human being, remarkable lead- George was a contributor for the them the care they need and deserve. er, and close personal friend, Mr. LGBT publication, The Bottom Line, I am proud to partner with Demo- George Zander of Palm Springs, Cali- cofounded the Desert-Stonewall Demo- cratic Congresswoman DORIS MATSUI of fornia. crats, and later became the Palm California, with whom I serve on the Many in our community knew Springs field officer manager for Energy and Commerce Committee, in George as a strident advocate for Equality California. recently introducing a bill to signifi- equality. George was a gentle man with George played a key role in advo- cantly expand access and strengthen a burning passion to make our Nation cating for laws that protect the LGBT community mental health and behav- a more perfect Union, particularly for community locally and statewide, ioral health services across the coun- our LGBT brothers and sisters. working tirelessly to defeat propo- try. In my years working in the Coachella sition 8. He also collaborated with The Expand Excellence in Mental Valley, I, like so many others in our other local LGBT groups, such as the Health Care Act aims to expand mental community, knew George as a col- Palm Springs Human Rights Cam- health care planning grants in two league, adviser, and, above all, a dear paign, the LGBT Center, Desert AIDS dozen States, including New Jersey, friend. Project, and Trans Palm Springs. through an initiative based on our 2014 George left this world on December Mr. Speaker, George was a true lead- Excellence in Mental Health Act that 10, 2015. Nonetheless, his vision, pas- er who was the victim of a hate crime was signed into law by President sion, and vigorous strength to fight for weeks before his death. I condemn Obama in 2014. a more just Coachella Valley, a more these acts. There should be no space for This measure is directly tackling one just Nation, and, ultimately, a more these types of actions toward any of the most significant mental health just world, are what remain. human being, regardless of race, reli- care challenges: access. The Expand George’s legacy is one of social jus- gion, sexual orientation, or gender Excellence in Mental Health Act will tice. For over three decades, he was ac- identity. enable more States to experiment with tively engaged in the communities that For more than three decades, George the tools and practices to fix this bro- make up the desert of the Coachella spearheaded efforts advocating for ken system. Valley. He was a leader among us and human rights and equality for all in By expanding the law to include steadfastly guided our community to- my district and across the Nation. more States, we encourage greater col- ward a more inclusive and welcoming George was not only an extraor- laboration and testing to find out what place. dinary leader, activist, friend, and hus- solutions work, how best to care for So today I would like to take a mo- band, but, overall, a gentle, loving, and those who need treatment, and what ment to memorialize the life of George caring human being. we can do to keep the people of the Zander, whose legacy will live on for In honor of George Zander, let us pay United States safe. future generations, not just in the our respects and never forget his leg- The Excellence in Mental Health Coachella Valley, but in the history of acy. Let us continue fighting for a Care Act is one of the most significant our Nation. more just and tolerant world. works Congress has already passed into As a young man, George heeded f law on mental health care. We should President Kennedy’s call to service and expand it and keep the momentum joined the Peace Corps, where it be- THE NEED TO STAND UP AGAINST going. came clear that he was a natural lead- ASSAD AND RUSSIAN WAR CRIMES I am also proud to be working with er. The SPEAKER pro tempore. The Republican Congressman TIM MURPHY His leadership and advocacy for the Chair recognizes the gentlewoman from of Pennsylvania on this issue. Dr. MUR- LGBT community spanned decades and Indiana (Mrs. BROOKS) for 5 minutes. PHY, who has a Ph.D. in psychology, began in a time where it was far less Mrs. BROOKS of Indiana. Mr. Speak- has been using his expertise to lead a politically or socially acceptable to do er, last week a U.N. panel released a serious discussion in the House Energy so, but that didn’t stop him. deeply troubling report on the grave and Commerce Committee on this crit- In Seattle, Washington, George was a and horrific atrocities taking place ical issue. member of the first openly gay and les- across Syria. The report was mandated His Helping Families in Mental bian association, called the Dorian by the U.N. Human Rights Commission Health Crisis Act, which I am proud to Group. This vanguard organization ad- to investigate and record all violations cosponsor, takes a clinical approach to vocated for the advancement of the of international law since March 2011.

VerDate Sep 11 2014 00:45 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.004 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1090 CONGRESSIONAL RECORD — HOUSE March 2, 2016 The report outlines in painstaking groups which have announced and entered prised of barrel and cluster bomb at- detail the mass human rights abuses into the truce. Disturbingly significant is tacks and a number of ground incur- that innocent civilians must endure the fact that cluster bombs as well as sions against opposition groups who thermobaric weapons were deployed, adding from both the Russian-backed Syrian to the number of innocent civilian fatalities had entered into the truce. offensive and terrorist groups like and horrifying injuries. In the first 2 days alone, there were ISIS. In light of repeated breaches by the regime more than 29 documented deaths, most- Hospitals are deliberately targeted— and its allies since the commencement of the ly of women and children, and dozens 33 in Aleppo alone—resulting in mass truce, the growing number of fatalities, of injuries. This is during the alleged civilian casualties. In blatant disregard which currently stands at twenty-nine docu- cease-fire. mented deaths, in addition to the dozens who of core human rights law, starvation have been injured as indiscriminate tar- Some believe that this far-off con- has systematically been used as a geting of populated areas continues, we wish flict isn’t affecting communities across weapon of war. to clarify the following: America. Mr. Speaker, I rise today to Over 450,000 people are currently It is most unfortunate that the Russian say they are wrong. trapped in besieged towns and villages Ministry of Defense presented an erroneous I routinely meet with Syrian Ameri- in Syria, and thousands are at risk of map riddled with false military information cans in Indiana who share stories of starving to death. (http://youtu.be/MaYvdEidSzsSent) and at- tributed this map to the United Nations for the devastation their loved ones are ex- Schools and playgrounds and other calculated political and military purposes, periencing back in their homeland. Lis- public spaces are routinely shelled to as purported areas of political influence and tening to them recount the struggles of inflict the maximum amount of terror distribution of forces on Syrian territory. their families reminds me that, if we on innocent civilians. The report tells The sole purpose of that exercise was to ex- are to adhere to our values as a Nation, of attacks on a girls school in Duma, clude certain areas from the truce and to we must defend the vulnerable and ex- where 19 civilians were killed. Even continue their systematic bombardment and pand basic human liberty. forced displacement. Given the serious con- though there were no military objec- sequences of these violations on the Syrian Standing idly by as bombs rain down tives, government forces attacked the people and on the unity and territorial integ- on hospitals or as Assad uses starva- school twice, the second attack taking rity of Syria, we urge that you take the nec- tion as a method of warfare is an abdi- place during first aid evacuation ef- essary measures to respond and counter false cation of what we stand for as a Na- forts. Russian allegations and put a stop to such tion, but that is exactly what we have Last month Secretary Kerry helped practices. done. negotiate a temporary, 2-week cease- We call on the United Nations and the Friends of Syria Group to be mandated to This President’s insistence on dimin- fire with Russia that was supposed to specify the territory covered by the truce to ishing American power abroad has em- end the fighting and allow for the de- prevent hostilities in the designated inclu- powered Putin to step into the leader- livery of aid to besieged towns. sion zones, such a task must be assumed by ship vacuum, has bolstered Assad in Unfortunately, like the deal we an impartial and transparent party. We also Syria, and has prolonged the conflict. struck with Russia on Assad’s use of note that the absence of clear separation We must not succumb to difficulty. chemical weapons, this cease-fire mere- lines will result in the targeting of civilian populated areas by the regime and its allies, We must take a stand and start mean- ly locks in the gains achieved by the and henceforth constitute yet another fla- ingfully engaging our allies and Assad regime and gives Russia outsized grant violation of Security Council resolu- strengthen the moderate Syrian forces, influence in shaping the future of the tions jeopardizing the truce. like the Kurds on the ground, to fight Middle East. Regardless, the terms of Although the Syrian opposition groups to replace the Assad regime. the agreement were almost imme- have demonstrated maximum levels of self- Both my constituents and the Na- restrain and have thus far continued to ad- diately violated. tion’s top military advisers know that Any hope of a sustained peace was here to their obligations to the truce, it seems likely that the regime and its allies’ doing so is the only way to bring any dashed this week with the almost-im- persistent crimes against the Syrian people long-term stability to Syria. mediate and predictable breach of the will inevitably undermine international ef- f cease-fire agreement. forts for the continuation of the truce. On Sunday, the Syrian opposition re- We have agreed to the temporary truce as b 1030 leased a letter documenting violations a response to sincere international efforts SAN JOAQUIN VALLEY’S ACCESS of the cease-fire agreement by the aiming to ease the suffering of the Syrian TO WATER Assad regime, Russia, and Iranian- people and to assist in the implementation of the humanitarian provisions of UNSCR 2254, The SPEAKER pro tempore (Mr. backed militia, which I will include in in particular: articles 12, 13 and 14. Failure LAHOOD). The Chair recognizes the gen- the RECORD. to achieve any significant progress in this OSTA FEBRUARY 28, 2016. regard will leave us no option but to examine tleman from California (Mr. C ) for H.E. Mr. BAN KI-MOON, alternative measures to ensure the protec- 5 minutes. Secretary-General, tion of the Syrian people and bring an end to Mr. COSTA. Mr. Speaker, I rise today United Nations, New York. the crimes committed against them. It is to speak about one of the most impor- EXCELLENCY SECRETARY-GENERAL: I regret therefore of critical importance for the Secu- tant issues facing the San Joaquin Val- to inform you that hostilities committed by rity Council to stand firm and unwavering in ley, and that is the access to water. Russian, Iranian, the Syrian regime, and for- its resolve. California has received well-above- eign militias and mercenaries allied to them The persistent violations of the regime and have continued against the Syrian people de- the forces allied to it will undermine Secu- average rainfall during the months of spite the truce taking effect on the 27th Feb- rity Council efforts for a political process, December and January. But for the ruary 2016. including the most recent, UNSCR 2268. It is past several weeks, we have seen dry Right from the onset of the truce, a large abhorrent to pursue a political process conditions, once again, come back. number of violations have been committed through which the suffering of the Syrian For the last several weeks I have by the regime and its allies in several parts people is used as a means to achieve political tried to speak on behalf of the need to of Syria. The regime has continued to target and military gains; under such cir- cumstances, negotiations will be unfeasible. make changes so that we can urge the populated areas using helicopter raids to de- Federal agencies to pump water at ploy explosive barrels, resulting in a large Excellency Secretary-General, the gravity number of fatalities and causing significant of the situation, and the consequent clear maximum levels that are allowed injuries, most of whom were innocent women and direct threat to peace and security at a under the biological opinions, so that and children. There were seven recorded inci- regional and international level, require the we could bring more water to the San dents of such breach. Furthermore, there United Nations to intervene immediately, to Joaquin Valley and the farms located have been twenty-four recorded breaches in- stop the crimes committed against the Syr- south of the delta. ian people and to preserve the unity and in- volving artillery shelling and five incidents It is welcome news that they are recording offensive ground operations. Re- tegrity of Syria. Yours respectfully, pumping at more robust levels, and it corded breaches of the truce were registered is my hope that we will continue to in twenty-six different areas held by the DR. RIAD HIJAB, moderate opposition. Coordinator General, The High pump at maximum levels when allow- Moreover, today, Sunday 28th February, Negotiations Committee. able, especially because these El Nino Russian fighter jets launched twenty-six air Mrs. BROOKS of Indiana. These vio- conditions that we have had in Decem- strikes against territory held by opposition lations discussed in this letter are com- ber and January are now fading, sadly.

VerDate Sep 11 2014 00:45 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.005 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE March 2, 2016 CONGRESSIONAL RECORD — HOUSE H1091 With the possibility of California’s who have been most affected in areas gentleman from Illinois (Mr. LAHOOD) rainy and snow seasons coming to an that I represent? for 5 minutes. end, and with much less precipitation I am talking about farm workers. I Mr. LAHOOD. Mr. Speaker, I rise than we had hoped for, we must take am talking about farmers. I am talking today to formally congratulate the advantage of every drop of precious about farm communities that put food 404th Maneuver Enhancement Brigade water that is in the system. every night on America’s dinner table. from Normal, Illinois, for receiving the We need a comprehensive plan to fix I will continue to believe that we still Reserve Family Readiness Award from California’s broken water system that can come together if we focus on the Department of Defense at the Pen- provides short-term operational flexi- achievable solutions. tagon last Friday. bility and, at the same time, increases After years of moving more and more This award is bestowed on the top the State’s long-term drought resil- water through the delta in an attempt unit in each Reserve component for iency that will provide real water reli- to halt species decline, we haven’t ac- their outstanding programs that sup- ability and actually recovers species tually recovered any of these species. port unit missions and family readi- that have been listed in the Sac- It is high time, I believe, to try some- ness. ramento, San Joaquin Delta. thing new. The 404th Maneuver Enhancement It is time to address these issues that I remain committed to working with Brigade, under Unit Commander, Cap- are impacting these species in the my colleagues on both sides of the aisle tain Jera Muder, has more than 2,000 delta and implement a plan to recover to craft solutions that increase Califor- soldiers in various functional units, them so that we can stop operating the nia’s drought resiliency and provide from engineering to military police, to water system primarily with the blunt water to the communities who have support units. tools of the Endangered Species Act been most impacted by the recent These family readiness support pro- that clearly aren’t working. They are drought because, after all, this is about grams allow our soldiers, sailors, ma- not working because the species are security. It is about job security, it is rines, airmen, and guardsmen to serve not recovering. about economic security, it is about throughout the world with peace of Studies have indicated that on some the future security of our valley and mind, knowing that their home front is rivers feeding into the delta, over 98 the State of California. safe. percent of the juvenile salmon are We must fix California’s broken This is a prestigious title, and it eaten by invasive species like the water system for the short term and makes me proud and Illinois proud that striped bass that aren’t even native to the long term. Time is of the essence, these remarkable men and women call California. and every day of delay only results in central Illinois home. Despite this knowledge and the clear losses of these vital water supplies. Today we applaud their families for protections provided listed species by f the sacrifices they make so their sol- the Endangered Species Act, the ad- SEVENTIETH ANNIVERSARY OF diers can defend our country abroad, ministration has established a goal to THE MILLER-RAFFAELE VFW and we congratulate them on this well- double the amount of striped bass in POST deserved award. California. To those in our Armed Forces keep- The SPEAKER pro tempore. The It should not be the policy of the ing our homes and families safe, thank Chair recognizes the gentleman from United States to increase the popu- you. And to the fathers, mothers, Pennsylvania (Mr. THOMPSON) for 5 lations of invasive species that prey on wives, husbands, and children behind minutes. native salmon in California. I don’t get Mr. THOMPSON of Pennsylvania. our troops, you also deserve our grati- it. This makes absolutely no sense and Mr. Speaker, I rise today in recogni- tude for your ongoing sacrifice and needs to be corrected. tion of the 70th anniversary of the Mil- bravery. We should be implementing a pred- ler-Raffaele VFW Post 6221 in Empo- f ator control program which, I might rium, Cameron County, located in the add, is supported by the Salmon Fish- KLAMATH RIVER DAM REMOVAL Pennsylvania Fifth Congressional Dis- eries Institute. As a matter of fact, The SPEAKER pro tempore (Mr. trict. THOMPSON of Pennsylvania). The Chair they have got over 31 programs on The post is named after two sets of recognizes the gentleman from Cali- predator control that they would like brothers who answered the call to de- fornia (Mr. LAMALFA) for 5 minutes. to implement. They can’t implement fend the United States of America in Mr. LAMALFA. Mr. Speaker, yester- one of them. World War II, Jack and Harry Miller, day in the Natural Resources Com- We should be focusing on trying to along with Sam and Frank Raffaele. make a difference, and that is why I Jack and Harry were killed within 1 mittee, I requested and demanded that am proud to be a cosponsor of Rep- month of each other in 1944. Sadly, the Interior Department explain its in- resentative JEFF DENHAM’s legislation, Sam and Frank also made the ultimate volvement in creating what appears to the Save Our Salmon Act. sacrifice on the same day, yet miles be a shell corporation, which it calls a The Save Our Salmon Act, by Con- apart from one another, also in 1944. non-Federal entity, which would work gressman DENHAM, would eliminate the After the war ended, the community to remove dams on the Klamath River policy of doubling striped bass popu- welcomed back the surviving men and in northern California and southern Or- lations in the delta, a policy which has women who formed the Miller-Raffaele egon, this without any authorization very serious negative impacts to our Post 6221, which was officially opened from Congress. native salmon species and causes tre- on March 5, 1946. Interior officials refused to answer in mendous harm to the farm commu- Mr. Speaker, we owe so much to the committee whether they will be sub- nities in the San Joaquin Valley. members of our Nation’s Armed ject to the Freedom of Information Act We have to determine if California is Forces, and especially to those mem- or even explain why stakeholders are going to operate with a broken system bers of the Greatest Generation who required at these meetings to sign non- or if Congress, the administration, and traveled to places such as Europe and disclosure agreements before learning the State can come together with Fed- Asia to fight tyranny. how they will be affected by the ac- eral and State legislation to provide I am proud to salute the members of tions at these secret meetings. meaningful solutions to fix our broken the Emporium VFW on this important They don’t like having them called water system for the future, for the anniversary, and I wish them the best secret meetings. They have other eu- 21st century. of success in the future. phemisms, such as a private conversa- Will we allow communities to dry up f tion, what have you. They are even or- and blow away, as some of my col- ganizing bylaws for an incoming board leagues, I believe, sometimes infer? CONGRATULATIONS TO THE 404TH at these meetings. Or will we come together and craft a MANEUVER ENHANCEMENT BRI- Mr. Speaker, the very idea that Fed- solution that can improve conditions GADE eral and State government employees for everyone across the State, while fo- The SPEAKER pro tempore (Mr. are involved in a project designed ex- cusing on drought recovery for those LAMALFA). The Chair recognizes the plicitly to avoid open government,

VerDate Sep 11 2014 00:45 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.007 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1092 CONGRESSIONAL RECORD — HOUSE March 2, 2016 open government laws, and public dis- Dear Lord of mercy, we give You working for a Canadian or border-re- closure should give us all pause, espe- thanks for giving us another day. Hear lated employer. cially since tax dollars are being used our prayers and those of people around That is why I helped lead the efforts to pay for the salaries of those folks in- the world that there might be an end and support the Promoting Travel, volved, their travel, the meeting to hunger. Commerce, and National Security Act, spaces, et cetera. They are not doing We use this moment to be reminded a necessary step to solidify the this pro bono. of Your presence and to tap the re- preclearance agreement between the While this is billed as a California- sources needed by the Members of this U.S. and Canada, which was reached Oregon project, the Interior Sec- people’s House to do their work as well nearly a year ago. retary’s signature is on a pact to cre- as it can be done. This significant, bipartisan legisla- ate this entity that suggests that the As the Nation digests the results of a tion is great news for U.S.-Canadian re- administration is, again, trying to end most significant voting day, may the lations, and I strongly encourage my run Congress to achieve a political Members remain focused on the tasks colleagues to cosponsor this vital piece goal. at hand. of legislation to maintain a secure I will continue working to get an- All this day and through the week, northern border and facilitate travel swers on this Klamath issue on the re- may they do their best to find solu- and commerce between the U.S. and moval of the dams and the effect it will tions to pressing issues facing our Na- Canada and benefit our upstate New have on the Klamath Basin water tion. Please hasten the day when jus- York economy. users. tice and love shall dwell in the hearts f But in the meantime, the administra- of all peoples and rule the affairs of the BELFAIR SHOOTING tion needs to end its focus on dam re- nations of Earth. moval and work towards a solution May all that is done this day be for (Mr. KILMER asked and was given that doesn’t ignore the water supply Your greater honor and glory. permission to address the House for 1 issues that affect so much of the West, Amen. minute.) Mr. KILMER. Mr. Speaker, last Fri- affect many thousands in northern f day, in the region I represent, tragedy California, and especially those di- struck the close-knit community of rectly in the line of fire in the Klamath THE JOURNAL Belfair. A shooting took the lives of a Basin that have been clamoring for so The SPEAKER pro tempore. The family and a neighbor. All the victims long for a long-term solution to keep Chair has examined the Journal of the were taken too soon from this world. the waters flowing to their farms. last day’s proceedings and announces Right now, in their place, is heart- At a time of extreme drought in Cali- to the House his approval thereof. break. fornia and the Western States, and Pursuant to clause 1, rule I, the Jour- Since this happened, we have been even more burdens such as the elec- nal stands approved. thinking of the friends and family im- tricity renewable mandate that is f pacted by this shooting. Pastors from going to affect California to 50 percent North Mason have gathered mourners of required renewables, the concept of PLEDGE OF ALLEGIANCE together to offer support and prayers. removing hydroelectric dams that also The SPEAKER pro tempore. Will the I want to make sure we note the make a little water storage and have gentlewoman from (Ms. JEN- courage of local law enforcement and some positive effects on river tempera- KINS) come forward and lead the House other first responders who came to the ture is absurd. in the Pledge of Allegiance. scene. The Mason County Sheriff’s Of- Why is the priority something that is Ms. JENKINS of Kansas led the fice, among others, deserves praise for going to hurt the people of the region, Pledge of Allegiance as follows: putting their lives on the line in con- hurt their goals? I pledge allegiance to the Flag of the fronting the person responsible for this Instead, we should be pursuing water United States of America, and to the Repub- violence and responding to an awful storage in California and putting this lic for which it stands, one nation under God, situation. issue aside. indivisible, with liberty and justice for all. As a dad of two little girls, it pains On top of that insult to injury is that f me that so many communities like it is being done in secret, without con- ours are faced with tragedies like this. gressional approval, without the ANNOUNCEMENT BY THE SPEAKER I am hopeful we can come together to chance for all the stakeholders that PRO TEMPORE find ways to stop them. really have an affect in the area to be The SPEAKER pro tempore. The The words of Jamie McCallum, a pas- involved. Chair will entertain up to 15 requests tor at Belfair Community Baptist This is the wrongheaded way to do for 1-minute speeches on each side of Church, ring true as we pick up the things. It is offensive to me, it is offen- the aisle. pieces from this incident. Pastor sive to my constituents. McCallum said: f f Violence and pain may have the strongest U.S.-CANADA PRECLEARANCE voice for the moment, but love and life have RECESS AGREEMENT the final say. The SPEAKER pro tempore. Pursu- (Ms. STEFANIK asked and was given f ant to clause 12(a) of rule I, the Chair permission to address the House for 1 REMEMBERING BORIS NEMTSOV declares the House in recess until noon minute and to revise and extend her re- today. (Ms. ROS-LEHTINEN asked and was marks.) Accordingly (at 10 o’clock and 41 given permission to address the House Ms. STEFANIK. Mr. Speaker, in my minutes a.m.), the House stood in re- for 1 minute and to revise and extend district in northern New York, Canada cess. her remarks.) is more than just a bordering nation. Ms. ROS-LEHTINEN. Mr. Speaker, f They are our neighbors and our friends. this past Saturday, February 27, b 1200 Canadians and upstate New Yorkers marked the first anniversary of the as- enjoy their summers together fishing sassination of Russian pro-democracy AFTER RECESS along the St. Lawrence River, golfing and opposition leader Boris Nemtsov, The recess having expired, the House on Wellesley Island, visiting the Thou- who was tragically gunned down in was called to order by the Speaker pro sand Islands National Park, and explor- Moscow. tempore (Mr. MOOLENAAR) at noon. ing Boldt Castle. Killed just days before he was due to f Plattsburgh, a city in my district, publish evidence of Russian military has even branded itself as Montreal’s involvement in Ukraine, Boris led the PRAYER U.S. suburb, hosting more than 100 U.S. effort in exposing the regime’s corrup- The Chaplain, the Reverend Patrick subsidiaries of Canadian companies, tion at every turn as he fought for a J. Conroy, offered the following prayer: with 15 percent of its area workforce more open and democratic Russia.

VerDate Sep 11 2014 01:46 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.009 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE March 2, 2016 CONGRESSIONAL RECORD — HOUSE H1093 Mr. Speaker, this poster was actually a past president of the Washburn In conclusion, God bless our troops, used in Russia by Boris’ supporters Alumni Association and is in the and may the President, by his actions, protesting in the aftermath of his mur- Washburn Athletic Hall of Fame. He never forget September the 11th in the der. remains to this day a leader and teach- global war on terrorism. I had the honor of working with Boris er in the University United Methodist f for many years, and he would want us Church in Topeka. WHOLE WOMAN’S HEALTH V. to do our part to hold Putin account- Happy 100th birthday, Carl Nord- HELLERSTEDT able. But we cannot forget the ques- strom, and thank you for your service tionable circumstances surrounding his to Kansas. (Ms. JUDY CHU of California asked murder. f and was given permission to address the House for 1 minute and to revise I call on the administration to sanc- PROMOTING TRAVEL, COMMERCE, and extend her remarks.) tion any Russian official involved in AND NATIONAL SECURITY ACT Boris’ murder, and I urge that their Ms. JUDY CHU of California. Mr. names be added now to the Magnitsky (Mr. HIGGINS asked and was given Speaker, this morning I stood in front permission to address the House for 1 list of human rights violators. Let’s of the Supreme Court with hundreds of minute.) honor Boris in this way. passionate voices rallying to defend Mr. HIGGINS. Mr. Speaker, I rise in our right to choice. f support of the Promoting Travel, Com- Before the Court today is one of the GUN MYTH merce, and National Security Act in- most significant abortion cases to be troduced in the House and Senate. heard in years. For over 40 years now, (Mr. CICILLINE asked and was given This legislation sets rules by which permission to address the House for 1 Roe v. Wade has been the law of the American border agents will operate in land, recognizing a woman’s right to a minute.) Canada, thereby allowing a land port of Mr. CICILLINE. Mr. Speaker, today I safe abortion when she needs it and entry to move the inspection of all in- where she needs it. want to bring attention to another bound cargo to the Canadian side of the myth about gun violence: the sugges- But State laws, like the Texas law in border. question, chip away at that right so tion that more guns are the key to re- Last year U.S. Customs and Border that women must drive hundreds of ducing gun violence. Protection conducted a pilot program miles and face serious delays before ex- On December 4, just days after San at the Peace Bridge in Buffalo. It con- Bernardino, Senator TED CRUZ said, ercising their right to choice. cluded that preinspection of cargo What is worse is that preventing ‘‘You stop bad guys by using our guns.’’ would double the capacity of the bridge women from accessing safe medical We hear similar comments from gun and slash wait times during peak sea- care has led to a sharp increase in self- advocates and allies all the time, but son from 22 minutes to 5 minutes. the facts tell a much different story. The Peace Bridge is an economic life- induced abortions. We cannot accept Not one of the 62 mass shootings from line between western New York and putting women at risk by returning to 1982 to 2012 was stopped by an armed southern Ontario, and its efficiency the horrors of the back alley that citizen. and safety is a top priority. I thank harmed so many. Today I call on the Supreme Court to A 1998 study in the Journal of Trau- Congresswoman KUSTER for her leader- ma, Injury, Infection, and Critical Care ship and partnership. I urge the House keep women safe and recognize that found that a gun in the home is 22 to approve this important legislation. our constitutional rights should not depend on our ZIP Code. times more likely to be used against a f friend or family member than used in f AMERICAN PEOPLE NEED TO self-defense. KNOW BLEEDING DISORDERS A 2003 study found women in homes AWARENESS MONTH with a gun were 2.7 times more likely (Mr. WILSON of asked and was given permission to ad- (Mr. BENISHEK asked and was given to be murdered. A 2013 study found, for permission to address the House for 1 each percentage point increase in a dress the House for 1 minute and to re- vise and extend his remarks.) minute and to revise and extend his re- State’s gun ownership rate, firearm marks.) homicide rates increased by 0.9 per- Mr. WILSON of South Carolina. Mr. Speaker, yesterday Economics Pro- Mr. BENISHEK. Mr. Speaker, I rise cent. fessor Peter Morici of the University of today wearing my red tie because this Facts are stubborn things. But the in The Washington Times March marks the first national Bleed- facts are clear. More guns will not end cited facts the American people need to ing Disorders Awareness Month. our country’s epidemic of gun violence. know: Bleeding disorders, such as hemo- f ‘‘President Obama would like us to philia or Von Willebrand disease, are HONORING CARL NORDSTROM ON believe things are getting better every currently estimated to affect more HIS 100TH BIRTHDAY day, but average median incomes are than 3 million people nationwide. down about $1,650 on his watch. Elderly These disorders are frequently under- (Ms. JENKINS of Kansas asked and women are working in record numbers diagnosed, and many victims of these was given permission to address the because pensions and retirement in- disorders often struggle to get proper House for 1 minute and to revise and comes are being decimated.’’ ‘‘Young medical care. As a doctor who treated extend her remarks.) folks, bogged down by student loans, patients in northern , I have Ms. JENKINS of Kansas. Mr. Speak- can’t buy homes and face rocketing firsthand experience with patients er, I rise today to celebrate the 100th apartment rents.’’ tackling these difficulties. birthday of Carl Nordstrom of Topeka ‘‘Should the economy tumble, Hillary While the medical community has on March 5. Clinton will try to buy off voters with made great strides over the years in Carl has devoted his life to public more Obama-vintage free stuff that improving the quality of care available service. He was the executive director makes creating jobs in the private sec- for those impacted by bleeding dis- of the Kansas Association of Commerce tor so tough.’’ orders, we can do more. and Industry from 1970 until 1982. He ‘‘Expanding ObamaCare-mandated I met recently with constituents in was cofounder of Leadership Kansas, benefits will push up prices for drugs, my district who are impacted by bleed- inspiring leaders to maintain and medical services, and insurance pre- ing disorders, and they shared with me strengthen the social, business, and po- miums even more and cause employers the great work being done in northern litical fabric of our State. In 1983, Carl to hire even fewer workers.’’ Michigan by Munson Healthcare’s was named Kansan of the Year by the ‘‘Instead of more jobs, America will Bleeding Disorder Center to provide Native Sons and Daughters of Kansas. have more debt and more employers better care for patients throughout A graduate of Topeka High School fleeing.’’ northern Michigan. and Washburn University, he partici- ‘‘America did not become a super- I hope that my colleagues and I can pated in many amphibious landings in power by being timid, and it’s time for all join together with the medical re- the Pacific during World War II. He is a President who understands this.’’ search community to build on these

VerDate Sep 11 2014 01:46 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.013 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1094 CONGRESSIONAL RECORD — HOUSE March 2, 2016 gains and find commonsense and bipar- MAC and its mission continue to flour- firearms from this situation tempo- tisan ways to develop new treatment ish. rarily. options for those suffering from bleed- f I urge my colleagues to join me in co- ing disorders. sponsoring this commonsense bill. RECOGNIZING THE ACCOMPLISH- f f MENTS OF THE HONORABLE b 1215 PATSY MINK DURING WOMEN’S TEXAS HAS NO CHOICE HISTORY MONTH (Mrs. CAROLYN B. MALONEY of VICTIMS OF GUN VIOLENCE (Ms. GABBARD asked and was given New York asked and was given permis- (Mr. PETERS asked and was given permission to address the House for 1 sion to address the House for 1 minute.) permission to address the House for 1 minute.) Mrs. CAROLYN B. MALONEY of New minute.) Ms. GABBARD. Mr. Speaker, after York. Mr. Speaker, this morning I Mr. PETERS. Mr. Speaker, Roy, graduating from High in 1944 as joined hundreds of women on the steps , June 21, 2015: Shawna Smith, 26 class president and valedictorian, and of the Supreme Court to protest the years old; Tylee Smith, 6; Blake Smith, attempting college with dreams of be- Texas law that is under consideration 2. coming a doctor, Patsy Mink had over by the Court today. The Texas law has already shut down Bristol, Tennessee, August 29, 2015: a dozen medical schools slam the door Lena Rose, 57 years old; Toshya over half of the abortion clinics in the shut simply because she was a woman. State of Texas, and if the law is upheld Millhorn, 39; James Millhorn, 36. Rather than quit, she took action. Columbus, , November 23, 2015: today, it will effectively end the con- She went to law school, becoming the stitutional right of women in Texas to John Anderson, 31; Christina Anderson, first Japanese American female attor- 30 years old; Landon Anderson, 7. obtain a legal abortion. ney in , and was elected as the If that happens, the extreme Texas Montgomery, , December 28, first Asian American woman ever to 2013: Glenn Thomas, 22 years old; law will likely be used as a blueprint Congress in 1965. by anti-choice extremists across this Kimberle Johnson, 21; Timnorious Through her 12 terms in the House of country. Hamilton, 20. Representatives serving Hawaii’s Sec- Now, they claim that this law’s re- Tucson, , May 12, 2015: Raul ond District, which I am honored to strictive provisions are necessary to Carrillo, 58 years old; Karen Saari, 53; represent today, she was a true cham- protect a woman’s health. But doctors Erik Carrillo, 32; Isela Rodriguez, 17. pion for equal rights and opportunity. across this Nation will tell you that Cleveland, Ohio, November 21, 2014: In 1972, her landmark bill, Title IX, that is a lie. The harsh restrictions Lemon Bryant, 60 years old; Sherita was signed into law, legislation that were designed with the single purpose Johnson, 41; Ja’Rio Taylor, 19 years has since allowed young women all of closing and blocking access to old; Shaylona Williams, 17 years old. across the country the very same op- choice. Mountain, Alabama, November 16, portunities to jump high, run fast, hit I proudly joined over 162 of my col- 2015: Sylvia Duffe, 71 years old; Clara hard, and go the extra mile, the same leagues on an amicus brief urging the Edwards, 68. as their male counterparts. Court to strike down this law. The f As we kick off Women’s History right to choose is meaningless without Month, let us recognize and celebrate the access to choice. FIFTIETH ANNIVERSARY CELE- Patsy Mink and the countless other BRATION OF THE MILITARY AF- f women throughout our Nation’s his- FAIRS COMMITTEE OF KEY WOMEN’S HISTORY MONTH tory who have blazed trails before us WEST and broken down barriers for a better (Mr. TED LIEU of California asked (Mr. CURBELO of Florida asked and future for our next generation. and was given permission to address the House for 1 minute.) was given permission to address the f House for 1 minute and to revise and Mr. TED LIEU of California. Mr. extend his remarks.) SHOOTING IN CENTRAL KANSAS Speaker, today I rise to acknowledge Mr. CURBELO of Florida. Mr. Speak- (Mrs. CAPPS asked and was given and celebrate the month of March as er, I rise today to congratulate the permission to address the House for 1 Women’s History Month. During this Military Affairs Committee of Key minute and to revise and extend her re- month, we recognize the many suc- cesses of women all across America and West on their 50th anniversary celebra- marks.) tion. Since its inception, MAC’s mis- our Nation’s history. Mrs. CAPPS. Mr. Speaker, last I am proud to represent California’s sion has been to strengthen the bonds Thursday, yet another city, this time 33rd Congressional District, home to between military members and civil- in central Kansas, was added to the list many female trailblazers such as ians in the Florida Keys. Members of of communities across the country af- Barbra Streisand who, in addition to MAC are devoted citizens of their com- fected by gun violence. her many accomplishments in the en- munity, participating or volunteering Three lives were taken, 14 injured, tertainment industry and her philan- in local events to ensure that Keys life and many others changed forever. thropic contributions, is the first fe- continues to thrive. Sadly, many of us know all too well male director to receive Kennedy Cen- Today I am proud to recognize two the pain that comes from acts of vio- ter Honors and recently received the original charter members of MAC, Mr. lence caused by the trigger of a gun. Presidential Medal of Freedom, the Na- Edward B. Knight and Mr. Frank Ninety minutes before this shooter tion’s highest civilian honor. Toppino. Mr. Knight is a former Naval opened fire, he was served with a re- We also have , who aviator in World War II, while Mr. straining order in response to a domes- was the first woman to head a major Toppino was in the U.S. Army in the tic violence report. Often these protec- Hollywood studio, the first female stu- Pacific Theatre, also in World War II. tion orders serve as the first notifica- dio chief to receive a star on the Holly- Both men have gone on to become tion to an abuser that the relationship wood Walk of Fame, and the first successful entrepreneurs, businessmen, is ending and, as in this case, that can woman to be named Pioneer of the and philanthropists in Key West. They lead to more violence. Year by the Foundation of Motion Pic- are highly respected pillars of the Flor- That is why I offered the Protecting ture Pioneers. ida Keys community, bringing together Domestic Violence and Stalking Vic- Then we have Michelle Kwan, who military members and civilians. They tims Act, a bill that would prevent in- was born in my hometown of Torrance, lead by example, inspiring us to uphold dividuals subject to judicial protection an alumnus of UCLA, who is not only a the values and the visions of MAC and orders from temporarily purchasing or 5-time world championship ice skater their charter members. possessing a firearm. with two Olympic medals, but also I applaud Mr. Toppino, Mr. Knight, The hours right after an abuser is serves as senior adviser to the U.S. De- and the members of the Military Af- first served with a restraining order partment of State’s Bureau of Edu- fairs Committee of Key West on a very are the most volatile and dangerous, cational and Cultural Affairs, among successful and unifying 50 years. May and it is only responsible to remove many other roles.

VerDate Sep 11 2014 01:46 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.014 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE March 2, 2016 CONGRESSIONAL RECORD — HOUSE H1095 As we celebrate Women’s History tomary 30 minutes to the gentleman Although the Congressional Budget Month, let us continue to work to cre- from Florida (Mr. HASTINGS), pending Office does not estimate State-specific ate equal opportunities for future gen- which I yield myself such time as I savings, this bill would also save State erations of women. may consume. During consideration of Medicaid programs from several mil- f this resolution, all time yielded is for lion dollars over the same timeframe. the purpose of debate only. The Office of Inspector General at PROVIDING FOR CONSIDERATION GENERAL LEAVE the Department of Health and Human OF H.R. 3716, ENSURING RE- Services has previously found that 12 MOVAL OF TERMINATED PRO- Mr. BURGESS. Mr. Speaker, I ask unanimous consent that all Members percent of terminated providers were VIDERS FROM MEDICAID AND participating in a State Medicaid pro- CHIP ACT have 5 legislative days to revise and ex- tend their remarks. gram as of January 1, 2012, after the Mr. BURGESS. Mr. Speaker, by di- The SPEAKER pro tempore. Is there same provider was terminated for rea- rection of the Committee on Rules, I objection to the request of the gen- sons of integrity or quality from an- call up House Resolution 632 and ask tleman from Texas? other State Medicaid program. for its immediate consideration. There was no objection. b 1230 The Clerk read the resolution, as fol- Mr. BURGESS. Mr. Speaker, House lows: The base bill, H.R. 3716, will ensure Resolution 632 provides for a rule to that we put an end to this problem. H. RES. 632 consider a commonsense, bipartisan State Medicaid and State CHIP pro- Resolved, That at any time after adoption piece of legislation that will address grams will be required to report termi- of this resolution the Speaker may, pursuant waste, fraud, and abuse within the nated providers to the Centers for to clause 2(b) of rule XVIII, declare the Medicaid program. Medicare & Medicaid Services within 21 House resolved into the Committee of the The rule provides for 1 hour of de- Whole House on the for business days. The Centers for Medi- bate, equally divided between the ma- care & Medicaid Services will then be consideration of the bill (H.R. 3716) to amend jority and the minority of the Com- title XIX of the Social Security Act to re- required to include that data and Medi- quire States to provide to the Secretary of mittee on Energy and Commerce. The care provider terminations in its Ter- Health and Human Services certain informa- Committee on Rules made in order four mination Notification database within tion with respect to provider terminations, amendments that were submitted to 21 business days. In addition, State and for other purposes. The first reading of the committee, three Democratic Medicaid and State CHIP managed care the bill shall be dispensed with. All points of amendments and one bipartisan offer- contracts will be required to include a order against consideration of the bill are ing. provision that providers terminated for waived. General debate shall be confined to Finally, the rule affords the minority the bill and shall not exceed one hour equal- reasons of integrity or quality from the customary motion to recommit, a Medicare, Medicaid, or SCHIP be ter- ly divided and controlled by the chair and final opportunity to amend the legisla- ranking minority member of the Committee minated from participation in their on Energy and Commerce. After general de- tion should the minority choose to ex- provider networks. Where Medicaid or bate the bill shall be considered for amend- ercise that option. CHIP payments are made to providers ment under the five-minute rule. In lieu of H.R. 3716, the Ensuring Access to for services performed more than 60 the amendment in the nature of a substitute Quality Medicaid Providers Act, com- days after the provider’s termination, recommended by the Committee on Energy bines two bipartisan bills that were those States will be required to pay and Commerce now printed in the bill, it unanimously reported out of the En- shall be in order to consider as an original back the Federal portion of the Med- ergy and Commerce Committee: H.R. icaid match of those payments. bill for the purpose of amendment under the 3716, the Ensuring Terminated Pro- five-minute rule an amendment in the na- The bill will also ensure that State ture of a substitute consisting of the text of viders Are Removed from Medicaid and Medicaid agencies have a current and Rules Committee Print 114-45. That amend- CHIP Act that was introduced by Dr. complete list of providers serving Med- ment in the nature of a substitute shall be LARRY BUCSHON, a member of the com- icaid patients by requiring providers to considered as read. All points of order mittee; and H.R. 3821, the Medicaid enroll with the State agency. To against that amendment in the nature of a DOC Act authored by Representative streamline reporting requirements and substitute are waived. No amendment to CHRIS COLLINS, also on the committee. eliminate duplication, the Centers for that amendment in the nature of a sub- Not only is this bill bipartisan, it has Medicare & Medicaid Services will be stitute shall be in order except those printed received support of the administration, in the report of the Committee on Rules ac- required to develop uniform termi- companying this resolution. Each such and it is an important illustration of nology for terminations related to amendment may be offered only in the order the work we are doing in the House fraud, integrity, or quality. printed in the report, may be offered only by right now to improve health care for These simple reforms will ensure a Member designated in the report, shall be all Americans. that we stop paying millions of Federal considered as read, shall be debatable for the The Medicaid program continues to taxpayer dollars for fraudulent and time specified in the report equally divided suffer from fraud, waste, and abuse. wasteful care and that beneficiaries are and controlled by the proponent and an op- These issues cause direct harm to the not receiving care from providers who ponent, shall not be subject to amendment, beneficiaries and waste billions of tax- have failed to adhere to basic standards and shall not be subject to a demand for divi- payer dollars. sion of the question in the House or in the of quality or integrity. Committee of the Whole. All points of order Medicaid beneficiaries frequently end The second key issue this bill tackles against such amendments are waived. At the up in the emergency room, not because is one of access to care. Beneficiaries conclusion of consideration of the bill for they need emergency care, but because in the Medicaid program have histori- amendment the Committee shall rise and re- they cannot find a physician partici- cally struggled to find a physician who port the bill to the House with such amend- pating in their Medicaid program. This will accept Medicaid and can provide ments as may have been adopted. Any Mem- is an inefficient and ineffective way to treatment. H.R. 3716 includes H.R. 3812, ber may demand a separate vote in the access health care. introduced by Representative CHRIS House on any amendment adopted in the H.R. 3716 is commonsense legislation COLLINS of New York, to empower Committee of the Whole to the bill or to the that resolves both of these problems amendment in the nature of a substitute beneficiaries with better information made in order as original text. The previous and improves beneficiary access to that will arm them with the informa- question shall be considered as ordered on quality providers. Not only is this bill tion that they need to access care the bill and amendments thereto to final good for patients, it is fiscally respon- without first going to an emergency passage without intervening motion except sible. room. one motion to recommit with or without in- According to the Congressional Budg- While Medicaid beneficiaries enrolled structions. et Office, this package would reduce in managed care plans have a defined The SPEAKER pro tempore. The gen- Federal outlays by $15 million over the network of providers, about half of tleman from Texas is recognized for 1 budget window because the Medicaid States use delivery systems other than hour. program would no longer be paying risk-based managed care, and those Mr. BURGESS. Mr. Speaker, for the providers who had been terminated for served under a fee-for-service or pri- purpose of debate only, I yield the cus- reasons of fraud, integrity, or quality. mary care case management program

VerDate Sep 11 2014 01:46 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.016 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1096 CONGRESSIONAL RECORD — HOUSE March 2, 2016 include some of the most vulnerable Mr. Speaker, the majority’s fumble not going to play along with House Re- Medicaid enrollees, such as the elderly on the budget has ushered in a new publican functionaries who would send and disabled children. Unfortunately, level of dysfunction for this institu- stuff to the Senate that is not going to these enrollees may have limited as- tion. My Republican friends’ inability pass. I predict that we will one day sistance in identifying physicians who to govern has gotten so bad that they have the usual omnibus at the end of participate in the Medicaid program. can’t even agree to follow through on this process, and that is tragic. Specifically, the policy would require an agreement they have already agreed Mr. Speaker, I reserve the balance of State Medicaid programs to publish an to and has been signed into law. my time. electronic directory of physicians who As we debate today, it is still not Mr. BURGESS. Mr. Speaker, I have have billed Medicaid in the prior year— clear how the majority plans to move no further speakers, so pending Mr. an indication that the physician has or forward on one of this body’s most HASTINGS’ conclusion, I will reserve the likely still accepts Medicaid patients. basic constitutional obligations: appro- balance of my time. That directory would include the phy- priating funds to run the country. Mr. HASTINGS. Mr. Speaker, I have sician’s name, specialty, address, tele- I told the young people working with no further speakers as well, and I am phone number, and, where relevant, in- me that I thought of a metaphor last prepared to close. I yield myself the balance of my formation on whether the physician is night about when I first learned to accepting new patients and linguistic time. swim. I grew up in an area where there Mr. Speaker, if we defeat the pre- capabilities. were a lot of lakes, so it was automatic vious question, I am going to offer an Medicaid is estimated to cover 83 that all of us would learn how to swim, million people this year, and it is grow- amendment to the rule to bring up a and we did. In learning to swim, among resolution that would require the Re- ing. H.R. 3716 makes two targeted but the things that the young boys taught important reforms to strengthen the publican majority to stop its partisan me was there were times when you just games and finally hold hearings on the integrity of the Medicaid program and tread water, where you don’t move for- to improve access to quality care. This President’s budget proposal. ward or backward. If you are back- Mr. Speaker, I ask unanimous con- legislation is another example of the stroking, just tread water. Some sent to insert the text of the amend- Energy and Commerce Committee’s learned to float. I didn’t. But appar- ment in the RECORD, along with extra- record of success on bipartisan reform ently my Republican friends have neous material, immediately prior to to improve the state of health care in learned to float and have learned to the vote on the previous question. America. I encourage my colleagues to tread water because we are not going The SPEAKER pro tempore. Is there vote for this package. anywhere fast in this institution of objection to the request of the gen- Mr. Speaker, I reserve the balance of dysfunction. tleman from Florida? my time. The inability to fulfill this obligation There was no objection. Mr. HASTINGS. Mr. Speaker, I yield is truly astounding and reveals a Re- Mr. HASTINGS. Mr. Speaker, I urge myself such time as I may consume. my colleagues to vote ‘‘no’’ and defeat Mr. Speaker, I thank the gentleman publican majority that may wish upon the previous question. from Texas for yielding me the cus- every star in the sky to return to reg- ular order but has no earthly idea of Mr. Speaker, the bill underlying this tomary 30 minutes for debate. rule institutes a number of proposals Mr. Speaker, I rise today to debate how to do so. Indeed, the only regu- that have broad bipartisan support. So the rule for H.R. 3716, Ensuring Re- larity we see coming out of today’s Re- again I ask: Why are we here debating moval of Terminated Providers from publican leadership is one dedicated to a rule for such a bill? Quite obviously, Medicaid and CHIP Act. Among other disorder. it is because Republicans have no things, this bill requires State Med- The inability to even begin a fruitful choice but to tread water. In doing so, icaid and CHIP programs to report pro- discussion of a budget process is but they have called a time-out on helping viders terminated for reasons of fraud, one among many pieces of evidence the American people; they have called integrity, or quality to CMS within 21 that prove that the Republican hopes of regular order are as elusive as is a time-out on doing their job. business days. They have done so so that they may The requirements in this legislation their ability to put forth a plan that make haste in putting Humpty Dump- are straightforward and have achieved will benefit working class Americans, ty back together again. broad bipartisan support. I find myself strengthen our infrastructure, and pro- vide for the least among us. It would be Good luck, my friends. Truly, truly, I strangely in the position of agreeing wish you good luck. with all of what my colleague from comical if it were not so dire. Let’s recap how we have arrived at In the meantime, rest assured that Texas had to say. I listened to him in- those of us on this side of the aisle tently. So it only leaves the question: this point of Republican inability to govern. For the first time in 40 years, stand ready in getting to the people’s Why is this bill being presented here business once you can pull yourselves Republicans refuse to even invite a rep- today instead of under the suspension together and put forth a budget plan. I resentative from the administration to calendar? am, of course, suspect of whether our testify on the President’s budget pro- Rather than taking the time to de- friends on the other side of the aisle posal. Then, Republican leaders failed bate a rule for a bill that could be will be able to do so. passed without the need for a special to hold a committee markup on a budg- Mr. Speaker, I yield back the balance rule, would it not be a better use of et resolution last week and fumbled of my time. this body’s valuable legislative time to their plans to present their conference Mr. BURGESS. Mr. Speaker, I yield debate and pass a budget resolution with a promised budget blueprint. Now, myself the balance of my time. and get the appropriations process in order to appease the insatiable rad- Mr. Speaker, I do want to point out started? ical fringe of his party, Speaker RYAN today is March 2, significant for many Mr. Speaker, I applaud Speaker is threatening to break the terms of of us in Texas because that is Texas RYAN’s promises to end Republican ob- the bipartisan budget agreement Independence Day, a date that is recog- struction and dysfunction and return passed into law last year—totally un- nized across the Nation as one that to regular order, but I cannot see how believable. brought independence to the State of what is unfolding now is a step in that Mr. Speaker, the American people de- Texas. direction. serve better. They want us to work to- I would point out it seems like often- Last fall, Republicans and Democrats gether to fund their government and times, in my role here presenting the came together to pass a bipartisan solve the problems of this country. Republican case for the rule from the budget agreement. Now Republicans, This whole Republican budget process Rules Committee, it also becomes my appeasing the most extreme fringe of has shown that the majority and the duty to provide some historical per- their party, are considering breaking radical fringe rightwing of their party spective for the House of Representa- that agreement. Breaking this agree- are simply not up to that task. tives, and today is no exception. ment will not be without consequences I might add that I read last night March 2, today, the first year that for this Nation, including deeper cuts that the majority leader in the other the Democrats had the majority in re- to seniors and working families. body has made it very clear that he is cent memory was calendar year 2007.

VerDate Sep 11 2014 01:46 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.018 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE March 2, 2016 CONGRESSIONAL RECORD — HOUSE H1097 When was a budget passed in calendar the rule as ‘‘a motion to direct or control the Accordingly (at 12 o’clock and 51 year 2007? It was passed on March 29. I consideration of the subject before the House minutes p.m.), the House stood in re- would point out that the only thing bi- being made by the Member in charge.’’ To cess. defeat the previous question is to give the partisan about that budget resolution opposition a chance to decide the subject be- f was the opposition. fore the House. Cannon cites the Speaker’s b 1301 Calendar 2008, a bit better, the budg- ruling of January 13, 1920, to the effect that et passed on March 13, the middle of ‘‘the refusal of the House to sustain the de- AFTER RECESS the month, about 2 weeks from where mand for the previous question passes the The recess having expired, the House we are today. Once again, on that control of the resolution to the opposition’’ was called to order by the Speaker pro budget, 212 yeas and 207 nays. But the in order to offer an amendment. On March tempore (Mr. DOLD) at 1 o’clock and 1 nays were bipartisan. The yeas, of 15, 1909, a member of the majority party of- fered a rule resolution. The House defeated minute p.m. course, were of a single party. the previous question and a member of the f Calendar year 2009, the budget didn’t opposition rose to a parliamentary inquiry, pass until the month of April, and, asking who was entitled to recognition. ENSURING REMOVAL OF TERMI- once again, the only thing bipartisan Speaker Joseph G. Cannon (R–Illinois) said: NATED PROVIDERS FROM MED- about the budget that year was its op- ‘‘The previous question having been refused, ICAID AND CHIP ACT position. the gentleman from New York, Mr. Fitz- Then, finally, I would point out that gerald, who had asked the gentleman to GENERAL LEAVE yield to him for an amendment, is entitled to the following calendar year, 2010, there Mr. BUCSHON. Mr. Speaker, I ask the first recognition.’’ unanimous consent that all Members was no budget submitted. The Republican majority may say ‘‘the So, Mr. Speaker, my understanding vote on the previous question is simply a may have 5 legislative days to revise from the chairman of the Budget Com- vote on whether to proceed to an immediate and extend their remarks and to in- mittee is they are actively working on vote on adopting the resolution. . . . [and] clude extraneous material on H.R. 3716. the budget. I wish them Godspeed. I am has no substantive legislative or policy im- The SPEAKER pro tempore. Is there thankful that I don’t have to be in the plications whatsoever.’’ But that is not what objection to the request of the gen- they have always said. Listen to the Repub- room while it is being done, but I have tleman from Indiana? lican Leadership Manual on the Legislative There was no objection. every confidence that they will produce Process in the United States House of Rep- a budget document that the House will resentatives, (6th edition, page 135). Here’s The SPEAKER pro tempore. Pursu- then consider. But today—today—Mr. how the Republicans describe the previous ant to House Resolution 632 and rule Speaker, today’s rule provides for con- question vote in their own manual: ‘‘Al- XVIII, the Chair declares the House in sideration of an important fix to the though it is generally not possible to amend the Committee of the Whole House on Nation’s Medicaid program. the rule because the majority Member con- the state of the Union for the consider- trolling the time will not yield for the pur- I certainly want to thank Dr. LARRY ation of the bill, H.R. 3716. pose of offering an amendment, the same re- The Chair appoints the gentleman BUCSHON and Mr. COLLINS of New sult may be achieved by voting down the pre- York—both, of the Energy and Com- vious question on the rule. . . . When the from (Mr. HOLDING) to merce Committee, two important motion for the previous question is defeated, preside over the Committee of the members of the Committee on Energy control of the time passes to the Member Whole. and Commerce—for their work on this who led the opposition to ordering the pre- b 1302 legislation. vious question. That Member, because he then controls the time, may offer an amend- IN THE COMMITTEE OF THE WHOLE Mr. Speaker, I urge my colleagues to ment to the rule, or yield for the purpose of vote ‘‘yes’’ on the rule and ‘‘yes’’ on Accordingly, the House resolved amendment.’’ itself into the Committee of the Whole the underlying bill. In Deschler’s Procedure in the U.S. House The material previously referred to of Representatives, the subchapter titled House on the state of the Union for the consideration of the bill (H.R. 3716) to by Mr. HASTINGS is as follows: ‘‘Amending Special Rules’’ states: ‘‘a refusal to order the previous question on such a rule amend title XIX of the Social Security AN AMENDMENT TO H. RES. 632 OFFERED BY [a special rule reported from the Committee Act to require States to provide to the MR. HASTINGS OF FLORIDA on Rules] opens the resolution to amend- Secretary of Health and Human Serv- At the end of the resolution, add the fol- ment and further debate.’’ (Chapter 21, sec- lowing new sections: ices certain information with respect tion 21.2) Section 21.3 continues: ‘‘Upon re- to provider terminations, and for other SEC. 2. Immediately upon the adoption of jection of the motion for the previous ques- this resolution it shall be in order without tion on a resolution reported from the Com- purposes, with Mr. HOLDING in the intervention of any point of order to con- mittee on Rules, control shifts to the Mem- chair. sider in the House the resolution (H. Res. 624) ber leading the opposition to the previous The Clerk read the title of the bill. Directing the Committee on the Budget to question, who may offer a proper amendment The CHAIR. Pursuant to the rule, the hold a public hearing on the President’s fis- or motion and who controls the time for de- bill is considered read the first time. cal year 2017 budget request with the Direc- bate thereon.’’ The gentleman from Indiana (Mr. tor of the Office of Management and Budget Clearly, the vote on the previous question BUCSHON) and the gentleman from New as a witness. The resolution shall be consid- on a rule does have substantive policy impli- York (Mr. TONKO) each will control 30 ered as read. The previous question shall be cations. It is one of the only available tools considered as ordered on the resolution and for those who oppose the Republican major- minutes. preamble to adoption without intervening ity’s agenda and allows those with alter- The Chair recognizes the gentleman motion or demand for division of the ques- native views the opportunity to offer an al- from Indiana. tion except one hour of debate equally di- ternative plan. Mr. BUCSHON. Mr. Chairman, I yield vided and controlled by the chair and rank- Mr. BURGESS. Mr. Speaker, I yield myself such time as I may consume. ing minority member of the Committee on The bipartisan bill before us today the Budget. back the balance of my time, and I improves access to quality healthcare SEC. 3. Clause 1(c) of rule XIX shall not move the previous question on the res- apply to the consideration of H. Res. 624. olution. providers for vulnerable Medicaid pa- The previous question was ordered. tients. THE VOTE ON THE PREVIOUS QUESTION: WHAT The resolution was agreed to. Today, State Medicaid programs too IT REALLY MEANS A motion to reconsider was laid on often suffer from waste, fraud, and This vote, the vote on whether to order the the table. abuse, which can harm beneficiaries previous question on a special rule, is not f and waste taxpayer dollars. At the merely a procedural vote. A vote against or- b 1245 same time, too many Medicaid patients dering the previous question is a vote may have a hard time finding a doctor. against the Republican majority agenda and RECESS Our bill takes an important step for- a vote to allow the Democratic minority to The SPEAKER pro tempore (Mr. ward in addressing both of these issues. offer an alternative plan. It is a vote about what the House should be debating. BENISHEK). Pursuant to clause 12(a) of First, H.R. 3716 would ensure Mr. Clarence Cannon’s Precedents of the rule I, the Chair declares the House in healthcare providers that are termi- House of Representatives (VI, 308–311), de- recess for a period of less than 15 min- nated from Medicaid or from one scribes the vote on the previous question on utes. State’s Medicaid program for reasons

VerDate Sep 11 2014 03:46 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.019 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1098 CONGRESSIONAL RECORD — HOUSE March 2, 2016 of fraud, integrity, or quality are also grams several million dollars over the care or by another State. All States terminated from other State Medicaid same timeframe. are not currently required to report programs. The Office of Inspector Gen- Mr. Chairman, this legislation pro- this information, and if it is reported, eral at HHS has previously found that vides commonsense reforms that help it is in many differing formats, lim- 12 percent of terminated providers were protect Medicaid beneficiaries, that iting the data’s usability. participating in a State Medicaid pro- improve access to care, and that save This legislation would require all gram after the same provider was ter- Federal and State dollars in the Med- States to report information on fraudu- minated from another State Medicaid icaid program. I urge my colleagues to lent providers to the Secretary for in- program. support H.R. 3716. clusion in a currently existing termi- It is critical that fraudulent pro- I reserve the balance of my time. nation database that is accessible to viders are not allowed to defraud tax- Mr. TONKO. Mr. Chairman, I yield all States. The legislation also requires payers or to harm patients across the myself such time as I may consume. the Secretary to develop uniform cri- board. Medicaid beneficiaries are some I am here to express my strong sup- teria for States to use when submitting of the most vulnerable patients, so our port for the Ensuring Access to Quality information. bipartisan bill will ensure that they Medicaid Providers Act. The language would also require all are better protected. This common- In particular, I am pleased that this providers in managed care to enroll sense bill was reported favorably from legislation incorporates the Medicaid with State Medicaid agencies so that our Health Subcommittee and from the Directory of Caregivers Act, also States know all providers that are par- full Energy and Commerce Committee known as the Medicaid DOC Act. This ticipating in the program. This legisla- last year. is legislation in which I joined with my tion preserves all existing provider ap- The other important aspect of this colleague and friend from New York, peals processes, and it changes nothing legislation was authored by CHRIS COL- Representative COLLINS, in intro- regarding the underlying standard for LINS of New York. This provision of the ducing. fraud in this part of the program. bill requires State Medicaid programs I thank Representative COLLINS for In closing, Mr. Chairman, I urge all to provide beneficiaries who are served his initiative in this area and for work- Members to support this bipartisan leg- under fee-for-service or primary care ing together on this issue in a collabo- islation, which makes Medicaid more case management programs an elec- rative and bipartisan way. I also thank consumer-friendly and strengthens pro- tronic directory of physicians who are the Energy and Commerce Committee gram integrity. participating in the program. staffs on both sides for providing con- I reserve the balance of my time. Research shows that too often Med- structive feedback and for expedi- Mr. BUCSHON. Mr. Chairman, I yield icaid patients today have a hard time tiously moving this bill out of com- myself such time as I may consume. finding a doctor. The Government Ac- mittee. This is the type of legislation that we countability Office has previously The impetus behind this bill is sim- should be passing on the House floor, found that Medicaid patients face par- ple and straightforward: to make it and I will urge the Senate to pass this ticular challenges in accessing certain easier for Medicaid beneficiaries to find legislation later. This is just good gov- types of care, such as obtaining spe- and access a doctor. ernment. It corrects some obvious cialty care or dental care. Addition- The underlying legislation would re- flaws in the Medicaid program that ally, the GAO has previously reported quire States that operate a fee-for- will protect patients and save tax- that 38 States experienced challenges service Medicaid program to publish an payers money. I am very pleased that in ensuring enough participating pro- online provider directory, just like we are able to address this today. viders. managed care plans and private insur- I reserve the balance of my time. To help empower Medicaid patients ance are already required to do. By cre- Mr. TONKO. As I earlier mentioned and equip them with better informa- ating a one-stop-shop for Medicaid in my comments, one of the key par- tion, this policy would apply require- beneficiaries to find information on ticipants in putting this effort together ments similar to those in place for participating providers, this common- was Representative WELCH from the Medicaid managed care plans to fee- sense legislation will make it easier for State of . for-service and/or primary care case individuals and families to access qual- I yield 2 minutes to the gentleman management programs. ity health care. from Vermont (Mr. WELCH), a good Under the bill, States would be re- The legislation details the minimum friend and a fellow Energy and Com- quired to list on their Web sites a di- items that must be included in a pro- merce Committee member. rectory of physicians that would in- vider directory, but it also allows Mr. WELCH. I thank the gentleman clude the physician’s name, specialty, States to go beyond those given stand- from New York. address, and telephone number. Addi- ards. All consumers deserve to have ac- Mr. Chairman, we are lucky we have tionally, for physicians serving as case cess to a basic electronic provider di- Dr. BUCSHON, a good Member, a good managers through the PCCM programs, rectory to find the best physicians for friend, and a great Energy and Com- States would be required to include in- their use. merce Committee person, who, with his formation on whether a physician is The second component of the legisla- experience as a physician, is able to accepting new patients as well as to tion under consideration would provide give us the benefit of this bill. I thank list the physician’s cultural and lin- the CMS with critical tools to keep pa- the gentleman from Indiana for that. guistic capabilities. tients safe, to protect taxpayer dollars, The Medicaid program is an incred- In a day and age when Medicaid pa- and to protect the integrity of our ibly important program to get health tients can use their phones to search Medicaid program. care to poor Americans who need it. for the nearest gas station or grocery This bipartisan bill, introduced by The vast majority of our providers use store, it makes good sense to ensure Representatives BUCSHON, WELCH, and the Medicaid program to provide those that States are giving patients better BUTTERFIELD, implements previous OIG services, but some fraudulent providers information so that they can readily recommendations and builds on au- use that program to rip off taxpayers. find a doctor near them who accepts thorities originally authorized under It has got to stop. Medicaid patients. the ACA. The ACA included a provision One of the things that Dr. BUCSHON Finally, according to the Congres- that prohibited disqualified providers observed and brought to our attention sional Budget Office, H.R. 3716 would from Medicare or a one State Medicaid was that when States are aggressively reduce Federal outlays by $15 million program from simply crossing State monitoring for fraud and when they over a 10-year budget window because lines and receiving payments in an- identify a fraudulent provider, they the Medicaid program would no longer other State Medicaid program. write that person off the rolls so that be paying providers that were termi- The ACA provision has been hard to that provider can’t keep ripping off the nated for reasons of fraud, integrity, or implement, however, because States taxpayers. But that information quality. The CBO does not estimate don’t have a consistent or a standard- doesn’t get disseminated to other State-specific savings, but this bill ized way of knowing when a specific States, so that fraudulent provider would also save State Medicaid pro- provider has been terminated by Medi- simply steps across the State line, sets

VerDate Sep 11 2014 01:46 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.023 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE March 2, 2016 CONGRESSIONAL RECORD — HOUSE H1099 up another operation, and starts rip- our specialties. We want to make sure the standing Committee on Energy and ping off taxpayers all over again. that the patients that we serve have Commerce, who has shown great lead- This legislation addresses that rip- access to physicians who are providing ership for the Democrats at the Energy off. I am glad it does because we can quality health care and are not de- and Commerce table. He is very much debate about lots of things, but there is frauding the system. supportive of this effort here, and we unity here about wanting to make cer- I reserve the balance of my time. thank him for that. tain that any taxpayer dollar is well Mr. TONKO. Mr. Chair, I will con- Mr. PALLONE. Mr. Chair, I am spent and that it is not ripped off by a tinue to reserve the balance of my pleased to support H.R. 3716, the Ensur- fraudulent provider. This sets up prac- time. ing Access to Quality Medicaid Pro- tical mechanisms for States that have Mr. BUCSHON. Mr. Chair, I yield 2 viders Act. This legislation is the com- identified a fraudulent provider so they minutes to the gentleman from New pilation of two bills, H.R. 3821 and H.R. may share that information with other York (Mr. COLLINS). 3716, which are true efforts to improve States so they don’t find themselves Mr. COLLINS of New York. Mr. program integrity in Medicaid in ways digging the same hole. Chair, I thank both Congressman that will strengthen the Medicaid pro- We have bipartisan support for this. BUCSHON and Congressman TONKO for gram. Both bipartisan bills passed out It is a money-saving bill. The CBO esti- their help on this very important bill of the Energy and Commerce Com- mates that it would save approxi- that we are debating today. Included in mittee through regular order and were mately $28 million over 10 years. Congressman BUCSHON’s bill, H.R. 3716, favorably reported by voice vote. That may sound like small money; is a bill that Mr. TONKO and I put to- Part of the new compiled bill reflects but do you want to know something? gether, H.R. 3821, the Medicare Direc- H.R. 3821, the Medicaid DOC Act. This That is real money. It is about the tory of Caregivers, or DOC, Act. bipartisan initiative, introduced by money, but it is also about constant Our thought behind this bill came Representatives COLLINS of New York vigilance so as to make sure that the from the GAO report that identified ac- and TONKO, would require States that programs we design for good intentions cess to care as one of the key issues participate in fee-for-service Medicaid work. facing Medicaid beneficiaries. There is to publish electronic provider direc- The CHAIR. The time of the gen- nothing worse than someone saying: tories. This is critical information for tleman has expired. ‘‘The good news is you have got med- patients so they can more easily find Mr. TONKO. I yield the gentleman an ical insurance coverage through Med- doctors in their area. Currently, managed care plans in additional 1 minute. icaid. The bad news is they can’t find a Medicaid are already required to main- Mr. WELCH. I thank the gentleman. physician.’’ tain these directories, but there is no Mr. Chairman, it is just what we So as a very good, commonsense gov- such requirement for fee-for-service should be doing here so we can look at ernment idea, what Representative Medicaid programs. While some States things that have good intentions, like TONKO and I came up with was the thought that we should be publishing are already providing these directories, the Medicaid program, and find where not every State does so. This common- there are holes in it and try to close on each State’s Web site a list of the providers who have seen a Medicaid pa- sense and consumer-friendly legisla- them so that the program runs better tion will require that all States provide so that taxpayer money is saved and so tient in the last 12 months, the name of the physician, the address, the tele- their Medicaid patients with this infor- that the efficiency of government is mation, and it does so quickly, requir- enhanced. phone number, and their specialty, so at least these folks navigating the sys- ing directories to be up and running in less than 1 year. b 1315 tem to find a doctor have somewhere to Now, while the bill includes min- And that is a mutual responsibility go as a starting point: ‘‘Here is a doc- imum items that must be included in a that we have so that people can have tor that has seen a Medicaid patient in confidence that the taxpayer dollars provider directory, it also encourages the last 12 months. Let me give them a States to go beyond these standards. that they are spending, whether it is call.’’ So they are not just lost going While I am hopeful that States will for Medicaid or the Pentagon or any through the phonebook, so to speak, or take the initiative to provide other in- other program, are spent for the in- Google. formation, like whether doctors are tended purposes and are not wasted. What our bill would do, it would re- taking new patients, the timeline set Mr. BUCSHON. Mr. Chair, I yield my- quire that States that operate a fee- forth in this legislation is so acceler- self such time as I may consume. for-service or primary care case man- ated, it is important that we build this I thank the gentleman for his com- agement program set up an online di- foundation first before adding addi- ments. It is true that when you find rectory of physicians who have seen tional requirements to States. I look common ground and work together, these Medicaid patients. We believe forward to continuing to work on this good things happen, and this is one of that this kind of access to caregivers important issue with my colleagues. those instances. will keep people out of the emergency The second part of the bill would pro- I think there are a lot of areas in rooms. They will have coordinated care vide CMS with critical tools to keep health care. I was a healthcare pro- by a physician, which is the best and patients safe, protect taxpayer dollars, vider before I was a heart surgeon. I most inexpensive way to treat them. and protect the integrity of the Med- took care of Medicaid and Medicare pa- Representative BUCSHON’s bill com- icaid program. tients, private insurance patients, and bined with our bill, H.R. 3821, does save This bipartisan bill, introduced by patients that did not have the ability $15 million over the 10-year period, as Representatives BUCSHON, WELCH, and to pay. I think that we need to con- scored. The bill went through regular BUTTERFIELD, implements previous OIG tinue to look for ways to improve our order and passed out of the Energy and recommendations and builds on au- safety net healthcare programs, mainly Commerce subcommittee and full com- thorities originally authorized under continue to look for ways to make sure mittee by voice vote with no objec- the Affordable Care Act, which prohib- that people have access to health care tions. ited disqualified providers from Medi- in the United States regardless of their We are also encouraged to know the care or one State Medicaid program ability to pay, regardless of their ZIP White House has signaled that they do from simply crossing State lines and Code. support passage of this important ac- receiving payments in another State That said, we need to make sure that cess to care legislation. Medicaid program. people have access to quality health Again, I thank Chairmen UPTON and But the current law has been hard to care, and that is why bills like this are PITTS, and Ranking Members PALLONE implement because States don’t have a so important. It weeds out providers and GREEN for their support. I encour- consistent or standardized way of that are fraudulent and have other age my colleagues to vote in favor of knowing when a specific provider has quality-related problems. this bipartisan legislation. been terminated by Medicare or an- As a physician—and I will speak for Mr. TONKO. Mr. Chair, I yield 3 min- other State. Since States are not cur- some of my physician friends—this is utes to the gentleman from New Jersey rently required to report this informa- the type of thing that we all want in (Mr. PALLONE), the ranking member of tion or, if it is reported, it is in many

VerDate Sep 11 2014 02:42 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.024 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1100 CONGRESSIONAL RECORD — HOUSE March 2, 2016 differing formats, it limits the data’s I thank Dr. BUCSHON and Mr. COL- I yield back the balance of my time. usability. LINS, as well as the Health Sub- Mr. UPTON. Mr. Chair, today we are mak- This legislation being considered committee and its chairman, Chairman ing a difference for the nation’s most vulner- would require all States to report in- PITTS, and the full committee, includ- able. Republicans and Democrats working to formation on fraudulent providers to ing, of course, Chairman UPTON and strengthen Medicaid, and the White House the Secretary for inclusion in an exist- Ranking Member PALLONE. Let’s work has officially given its seal of approval to these ing termination database that is acces- together to ensure passage of this leg- commonsense reforms. sible to all States. It also requires the islation on the floor of the House Today is an important day and underscores Secretary to develop uniform criteria today. what we can accomplish when we work to- for States to use when submitting in- Mr. TONKO. Mr. Chair, I reserve the gether. formation and ensures those providers balance of my time. Medicaid is an important lifeline for so many in managed care plans are enrolled Mr. BUCSHON. Mr. Chair, I yield 2 in Michigan and across the country. It is esti- with the State and also captured in the minutes to the gentleman from Geor- mated the program will expand to cover 83 database. gia (Mr. CARTER). million people this year—to put that into per- Finally, the bill preserves and pro- Mr. CARTER of Georgia. Mr. Chair, I spective, that’s one in four Americans. Given tects all existing provider appeal proc- rise today in support of H.R. 3716, the its rapidly growing size, it is imperative the esses and changes nothing regarding Ensuring Access to Quality Medicaid program is working as it is intended—pro- the underlying standard for fraud in Providers Act. viding care for folks who need it most. this part of the program, an important A recent report by the HHS inspector The Ensuring Access to Quality Medicaid protection. This is smart policy that general found that more than 1 in Providers Act we are considering is the prod- stakeholders and the administration every 10 Medicaid providers who were uct of two bills authored by committee mem- agree will improve Federal and State terminated for fraud, integrity, or bers Dr. LARRY BUCSHON and Rep. CHRIS efforts. quality in one State were still partici- COLLINS that unanimously cleared both the I urge Members to support the bill. pating in another State’s Medicaid pro- Health Subcommittee and full committee last Mr. BUCSHON. Mr. Chair, I yield 2 gram. fall. minutes to the gentleman from New To ensure that Medicaid patients are Dr. BUCSHON led the effort to help cut down Jersey (Mr. LANCE). receiving their care from a qualified, on fraud by eliminating bad actors. The bipar- Mr. LANCE. Mr. Chair, this is the licensed doctor, H.R. 3716 provides that tisan legislation ensures that providers termi- way Congress should work, in a bipar- disqualified providers be reported with- nated from Medicare or a state Medicaid pro- tisan capacity on an issue of impor- in 21 days to CMS, and each Medicaid tance to better the health of the Amer- gram for reasons of fraud, integrity, or quality provider must be enrolled with the ican Nation. are terminated across the board from all other As is so often true of the House En- State Medicaid agency. state Medicaid programs. ergy and Commerce Committee, we H.R. 3716 also provides that State With a program as large as Medicaid, it will work in a bipartisan fashion. It is the Medicaid programs include an elec- always be a target for fraudsters, but we can committee of jurisdiction for so many tronic directory of physicians who work to limit their impact, and this bill is an of the issues that reach this floor, with serve Medicaid patients. Today, many positive step that will save millions of dollars the support in committee and in sub- Medicaid patients have a hard time and send the message loud and clear that bad committee of both Republicans and finding a doctor and instead rely on the actors in one state should not be allowed to Democrats. Legislation coming out of emergency room. With an established participate anywhere, period. our committee, the Energy and Com- directory, Medicaid patients will be In addition to reducing fraud, we are helping merce Committee, is legislation that able to know which doctors are avail- increase access for those most in need. Find- passes here on the floor, goes over to able to them and will ultimately get ing a doctor is often a difficult task, and Mr. the other House, and is eventually better care. COLLINS led this effort to increase access to signed into law by the President of the I encourage my colleagues to support care beyond the emergency room. If a state is United States. I am pleased that we are the reforms in H.R. 3716 so we can using a fee-for-service or primary case man- working closely with the other elected make sure that Medicaid patients are agement system to deliver care to Medicaid branch of government in this area. receiving the care and attention they patients, this bill requires they provide those I commend Congressman BUCSHON, deserve. patients with a directory of physicians. Dr. BUCSHON, for his legislation that Mr. TONKO. Mr. Chair, again, I just Medicaid managed care plans already pro- will so improve the issue we are dis- would thank all who have been in- vide a network of doctors and nurses to care cussing, and I think that Medicaid pro- volved with the effort here—from my for patients. This requirement ensures that pa- viders is an important matter for the perspective, particularly Representa- tients in fee-for-service Medicaid programs entire Nation. I also compliment Con- tive COLLINS, Dr. BUCSHON, Representa- don’t have to fend for themselves. gressman COLLINS of New York for his tive WELCH, and others who put to- Research has shown that access to doctors involvement on this issue. gether, I think, a good effort here to can be a problem for Medicaid beneficiaries, With a program as large as Medicaid, have a bipartisan, collaborative effort so this commonsense step will help ensure it will always be a target for those who that speaks to sensitivity, speaks to beneficiaries are empowered with better infor- engage in fraud, but we can work to compassion toward the patients, those mation that is more readily available. And limit the impact of those who engage requiring the access to health care, and that’s a good thing. in fraud. The Congressman’s bill is a certainly has great respect for the tax- This bill doesn’t solve all our problems, but positive step in that direction. It will payer and the ensuing outcomes. it is a significant bipartisan step forward. And save millions of dollars and send a mes- With that, I would encourage my col- yesterday, the Office of Management and sage loud and clear that bad actors in leagues to support the legislation. Budget announced the administration ‘‘sup- one State should not be allowed to par- I yield back the balance of my time. ports House passage of H.R. 3716 because it ticipate anywhere. Mr. BUCSHON. Mr. Chair, I would improves program integrity for Medicaid and Medicaid-managed care plans already just like to echo the words of Mr. the Children’s Health Insurance Program.’’ provide a network of doctors and TONKO. This is good legislation. It im- We’ve got Republicans, Democrats, and the nurses to care for patients. The re- proves the Medicaid program. It en- White House all in lockstep supporting mean- quirement in this bill ensures that pa- sures access to quality providers for ingful, 21st century reforms for Medicaid. This tients in fee-for-service Medicaid pro- our Medicaid recipients in all of our bill shows that it’s possible to work together on grams do not have to fend for them- States. Also, it helps our States to de- Medicaid. selves. termine when people have been kicked I’d like to once again thank Dr. BUCSHON Research has shown that access to off the program as a provider in an- and Mr. COLLINS, as well as Helath Sub- doctors can be a problem for Medicaid other State and, therefore, helps them committee Chairman PITTS and full committee beneficiaries, so this commonsense protect the patients in their own Ranking Member PALLONE. Together, we are step will help ensure beneficiaries are States. building upon the committee’s proud bipartisan empowered with better information I urge all of my colleagues to support record of success. Let’s keep the momentum and that this happens across the board. this legislation. going to help our most vulnerable folks.

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All time for general de- 1903(m) or 1905(t)(3) (as applicable), beginning form terminology to be used with respect to bate has expired. on the later of the first day of the first plan specifying reasons under subparagraph (A)(v) of Pursuant to the rule, the bill shall be year for such managed care entity that begins paragraph (8) of section 1902(kk) of the Social considered for amendment under the 5- after the date of the enactment of this para- Security Act (42 U.S.C. 1396a(kk)), as amended graph or January 1, 2017, the State shall require by paragraph (1), for the termination (as de- minute rule. that such contract include a provision that pro- scribed in such paragraph) of the participation In lieu of the amendment in the na- viders of services or persons terminated (as de- of certain providers in the Medicaid program ture of a substitute recommended by scribed in section 1902(kk)(8)) from participation under title XIX of such Act or the Children’s the Committee on Energy and Com- under this title, title XVIII, or title XXI be ter- Health Insurance Program under title XXI of merce, printed in the bill, it shall be in minated from participating under this title as a such Act. order to consider as an original bill for provider in any network of such entity that (6) CONFORMING AMENDMENT.—Section the purpose of amendment under the 5- serves individuals eligible to receive medical as- 1902(a)(41) of the Social Security Act (42 U.S.C. minute rule an amendment in the na- sistance under this title. 1396a(a)(41)) is amended by striking ‘‘provide ‘‘(B) NOTIFICATION OF TERMINATION.—For the that whenever’’ and inserting ‘‘provide, in ac- ture of a substitute consisting of the period beginning on January 1, 2017, and ending cordance with subsection (kk)(8) (as applicable), text of Rules Committee Print 114–45. on the date on which the enrollment of pro- that whenever’’. That amendment in the nature of a viders under paragraph (6) is complete for a (b) INCREASING AVAILABILITY OF MEDICAID substitute shall be considered as read. State, the State shall provide for a system for PROVIDER INFORMATION.— The text of the amendment in the na- notifying managed care entities (as defined in (1) FFS PROVIDER ENROLLMENT.—Section ture of a substitute is as follows: subsection (a)(1)) of the termination (as de- 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by inserting after para- H.R. 3716 scribed in section 1902(kk)(8)) of providers of services or persons from participation under this graph (77) the following new paragraph: Be it enacted by the Senate and House of Rep- title, title XVIII, or title XXI.’’. ‘‘(78) provide that, not later than January 1, resentatives of the United States of America in (3) TERMINATION NOTIFICATION DATABASE.— 2017, in the case of a State plan that provides Congress assembled, Section 1902 of the Social Security Act (42 U.S.C. medical assistance on a fee-for-service basis, the SECTION 1. SHORT TITLE. 1396a) is amended by adding at the end the fol- State shall require each provider furnishing This Act may be cited as the ‘‘Ensuring Re- lowing new subsection: items and services to individuals eligible to re- moval of Terminated Providers from Medicaid ‘‘(ll) TERMINATION NOTIFICATION DATABASE.— ceive medical assistance under such plan to en- and CHIP Act’’. In the case of a provider of services or any other roll with the State agency and provide to the SEC. 2. INCREASING OVERSIGHT OF TERMI- person whose participation under this title, title State agency the provider’s identifying informa- NATION OF MEDICAID PROVIDERS. XVIII, or title XXI is terminated (as described tion, including the name, specialty, date of (a) INCREASED OVERSIGHT AND REPORTING.— in subsection (kk)(8)), the Secretary shall, not birth, Social Security number, national provider (1) STATE REPORTING REQUIREMENTS.—Section later than 21 business days after the date on identifier, Federal taxpayer identification num- 1902(kk) of the Social Security Act (42 U.S.C. which the Secretary terminates such participa- ber, and the State license or certification num- 1396a(kk)) is amended— tion under title XVIII or is notified of such ter- ber of the provider;’’. (A) by redesignating paragraph (8) as para- mination under subsection (a)(41) (as applica- (2) MANAGED CARE PROVIDER ENROLLMENT.— graph (9); and ble), review such termination and, if the Sec- Section 1932(d) of the Social Security Act (42 (B) by inserting after paragraph (7) the fol- retary determines appropriate, include such ter- U.S.C. 1396u–2(d)), as amended by subsection lowing new paragraph: mination in any database or similar system de- (a)(2), is amended by adding at the end the fol- ‘‘(8) PROVIDER TERMINATIONS.— veloped pursuant to section 6401(b)(2) of the Pa- lowing new paragraph: ‘‘(A) IN GENERAL.—Beginning on January 1, tient Protection and Affordable Care Act (42 ‘‘(6) ENROLLMENT OF PARTICIPATING PRO- 2017, in the case of a notification under sub- U.S.C. 1395cc note; Public Law 111–148).’’. VIDERS.— section (a)(41) with respect to a termination for (4) NO FEDERAL FUNDS FOR ITEMS AND SERV- ‘‘(A) IN GENERAL.—Beginning not later than a reason specified in section 455.101 of title 42, ICES FURNISHED BY TERMINATED PROVIDERS.— January 1, 2018, a State shall require that, in Code of Federal Regulations (as in effect on No- Section 1903 of the Social Security Act (42 U.S.C. order to participate as a provider in the network vember 1, 2015) or for any other reason specified 1396b) is amended— of a managed care entity that provides services by the Secretary, of the participation of a pro- (A) in subsection (i)(2)— to, or orders, prescribes, refers, or certifies eligi- vider of services or any other person under the (i) in subparagraph (A), by striking the bility for services for, individuals who are eligi- State plan, the State, not later than 21 business comma at the end and inserting a semicolon; ble for medical assistance under the State plan days after the effective date of such termi- (ii) in subparagraph (B), by striking ‘‘or’’ at under this title and who are enrolled with the nation, submits to the Secretary with respect to the end; and entity, the provider is enrolled with the State any such provider or person, as appropriate— (iii) by adding at the end the following new agency administering the State plan under this ‘‘(i) the name of such provider or person; subparagraph: title. Such enrollment shall include providing to ‘‘(ii) the provider type of such provider or per- ‘‘(D) beginning not later than January 1, 2018, the State agency the provider’s identifying in- son; under the plan by any provider of services or formation, including the name, specialty, date ‘‘(iii) the specialty of such provider’s or per- person whose participation in the State plan is of birth, Social Security number, national pro- son’s practice; terminated (as described in section 1902(kk)(8)) vider identifier, Federal taxpayer identification ‘‘(iv) the date of birth, Social Security num- after the date that is 60 days after the date on number, and the State license or certification ber, national provider identifier, Federal tax- which such termination is included in the data- number of the provider. payer identification number, and the State li- base or other system under section 1902(ll); or’’; ‘‘(B) RULE OF CONSTRUCTION.—Nothing in cense or certification number of such provider or and subparagraph (A) shall be construed as requir- person; (B) in subsection (m), by inserting after para- ing a provider described in such subparagraph ‘‘(v) the reason for the termination; graph (2) the following new paragraph: to provide services to individuals who are not ‘‘(vi) a copy of the notice of termination sent ‘‘(3) No payment shall be made under this title enrolled with a managed care entity under this to the provider or person; to a State with respect to expenditures incurred title.’’. ‘‘(vii) the effective date of such termination by the State for payment for services provided (c) COORDINATION WITH CHIP.— specified in such notice; and by a managed care entity (as defined under sec- (1) IN GENERAL.—Section 2107(e)(1) of the So- ‘‘(viii) any other information required by the tion 1932(a)(1)) under the State plan under this cial Security Act (42 U.S.C. 1397gg(e)(1)) is Secretary. title (or under a waiver of the plan) unless the amended— ‘‘(B) EFFECTIVE DATE DEFINED.—For purposes State— (A) by redesignating subparagraphs (B), (C), of this paragraph, the term ‘effective date’ ‘‘(A) beginning on the applicable date speci- (D), (E), (F), (G), (H), (I), (J), (K), (L), (M), (N), means, with respect to a termination described fied in subparagraph (A) of section 1932(d)(5), and (O) as subparagraphs (D), (E), (F), (G), in subparagraph (A), the later of— has a contract with such entity that complies (H), (I), (J), (K), (M), (N), (O), (P), (Q), and (R), ‘‘(i) the date on which such termination is ef- with the requirement specified in such subpara- respectively; fective, as specified in the notice of such termi- graph; and (B) by inserting after subparagraph (A) the nation; or ‘‘(B)(i) for the period specified in subpara- following new subparagraphs: ‘‘(ii) the date on which all appeal rights appli- graph (B) of such section, has a system in effect ‘‘(B) Section 1902(a)(39) (relating to termi- cable to such termination have been exhausted that meets the requirement specified in such nation of participation of certain providers). or the timeline for any such appeal has ex- subparagraph; and ‘‘(C) Section 1902(a)(78) (relating to enroll- pired.’’. ‘‘(ii) after such period, complies with section ment of providers participating in State plans (2) REPORTING REQUIREMENTS FOR MANAGED 1932(d)(6).’’. providing medical assistance on a fee-for-service CARE ENTITIES.—Section 1932(d) of the Social Se- (5) DEVELOPMENT OF UNIFORM TERMINOLOGY basis).’’; curity Act (42 U.S.C. 1396u–2(d)) is amended by FOR REASONS FOR PROVIDER TERMINATION.—Not (C) by inserting after subparagraph (K) (as adding at the end the following new paragraph: later than January 1, 2017, the Secretary of redesignated by paragraph (1)) the following ‘‘(5) STATE REPORTING REQUIREMENTS FOR Health and Human Services shall, in consulta- new subparagraph: MANAGED CARE ENTITIES.— tion with the heads of State agencies admin- ‘‘(L) Section 1903(m)(3) (relating to limitation ‘‘(A) IN GENERAL.—With respect to any con- istering State Medicaid plans (or waivers of on payment with respect to managed care).’’; tract with a managed care entity under section such plans), issue regulations establishing uni- and

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(D) in subparagraph (P) (as redesignated by (c) RULE OF CONSTRUCTION.— Page 3, beginning on line 24, strike ‘‘appli- paragraph (1)), by striking ‘‘(a)(2)(C) and (h)’’ (1) IN GENERAL.—The amendment made by cable), beginning on the later of the first day and inserting ‘‘(a)(2)(C) (relating to Indian en- subsection (a) shall not be construed to apply in of the first plan year for such managed care rollment), (d)(5) (relating to reporting require- the case of a State in which all the individuals entity that begins after the date of the en- ments for managed care entities), (d)(6) (relating enrolled in the State plan under title XIX of the actment of this paragraph or January 1, 2017, to enrollment of providers participating with a Social Security Act (or under a waiver of such the State shall require that such contract’’ managed care entity), and (h) (relating to spe- plan), other than individuals described in para- and insert ‘‘applicable), no later than July 1, cial rules with respect to Indian enrollees, In- graph (2), are enrolled with a medicaid managed 2018, such contract shall’’. dian health care providers, and Indian managed care organization (as defined in section Page 4, strike lines 12 through 21. care entities)’’. 1903(m)(1)(A) of such Act (42 U.S.C. Page 6, line 1, strike ‘‘January 1, 2018’’ and (2) EXCLUDING FROM MEDICAID PROVIDERS EX- 1396b(m)(1)(A))), including prepaid inpatient insert ‘‘July 1, 2018’’. CLUDED FROM CHIP.—Section 1902(a)(39) of the health plans and prepaid ambulatory health Page 6, line 17, strike ‘‘the applicable date Social Security Act (42 U.S.C. 1396a(a)(39)) is plans (as defined by the Secretary of Health and specified in subparagraph (A) of section amended by striking ‘‘title XVIII or any other Human Services). 1932(d)(5)’’ and insert ‘‘July 1, 2018’’. State plan under this title’’ and inserting ‘‘title (2) INDIVIDUALS DESCRIBED.—An individual Page 6, line 21, strike ‘‘(i)’’. XVIII, any other State plan under this title, or described in this paragraph is an individual Page 6, line 21, strike ‘‘for the period speci- any State child health plan under title XXI’’. who is an Indian (as defined in section 4 of the fied in subparagraph (B) of such section, has (d) RULE OF CONSTRUCTION.—Nothing in this Indian Health Care Improvement Act (25 U.S.C. a system in effect that meets’’ and insert section shall be construed as changing or lim- 1603)) or an Native. ‘‘beginning on January 1, 2018, complies iting the appeal rights of providers or the proc- (d) EXCEPTION FOR STATE LEGISLATION.—In with’’. ess for appeals of States under the Social Secu- the case of a State plan under title XIX of the Page 6, line 23, strike ‘‘such subparagraph; rity Act. Social Security Act (42 U.S.C. 1396 et seq.), and’’ and all that follows through page 7, SEC. 3. REQUIRING PUBLICATION OF FEE-FOR- which the Secretary determines requires State line 2 and insert ‘‘section 1932(d)(6)(A).’’. SERVICE PROVIDER DIRECTORY. legislation in order for the respective plan to Page 7, line 5, strike ‘‘January 1, 2017’’ and (a) IN GENERAL.—Section 1902(a) of the Social meet one or more additional requirements im- insert ‘‘July 1, 2017’’. Security Act (42 U.S.C. 1396a(a)) is amended— posed by amendments made by this section, the Page 10, line 15, strike ‘‘paragraph (1)’’ and (1) in paragraph (80), by striking ‘‘and’’ at respective plan shall not be regarded as failing insert ‘‘subparagraph (A)’’. the end; to comply with the requirements of such title Page 10, line 21, strike ‘‘paragraph (1)’’ and (2) in paragraph (81), by striking the period at solely on the basis of its failure to meet such an insert ‘‘subparagraph (A)’’. the end and inserting ‘‘; and’’; and additional requirement before the first day of Page 10, lines 23 and 24, strike ‘‘reporting (3) by inserting after paragraph (81) the fol- the first calendar quarter beginning after the requirements’’ and insert ‘‘contract require- lowing new paragraph: close of the first regular session of the State leg- ment’’. ‘‘(82) provide that, not later than 180 days islature that begins after the date of enactment Page 11, after line 15, insert the following: after the date of the enactment of this para- of this section. For purposes of the previous sen- (e) OIG REPORT.—Not later than March 31, graph, in the case of a State plan that provides tence, in the case of a State that has a 2-year 2020, the Inspector General of the Depart- medical assistance on a fee-for-service basis or legislative session, each year of the session shall ment of Health and Human Services shall through a primary care case-management sys- be considered to be a separate regular session of submit to Congress a report on the imple- tem described in section 1915(b)(1) (other than a the State legislature. mentation of the amendments made by this primary care case management entity (as de- The CHAIR. No amendment to the section. Such report shall include the fol- fined by the Secretary)), the State shall publish lowing: (and update on at least an annual basis) on the amendment in the nature of a sub- (1) An assessment of the extent to which public Website of the State agency administering stitute shall be in order except those providers who are included under subsection the State plan, a directory of the providers (in- printed in House Report 114–440. Each (ll) of section 1902 of the Social Security Act cluding, at a minimum, primary and specialty such amendment may be offered only (42 U.S.C. 1396a) (as added by subsection care physicians) described in subsection (mm) in the order printed in the report, by a (a)(3)) in the database or similar system re- that includes— Member designated in the report, shall ferred to in such subsection are terminated ‘‘(A) with respect to each such provider— (as described in subsection (kk)(8) of such ‘‘(i) the name of the provider; be considered read, shall be debatable for the time specified in the report section, as added by subsection (a)(1)) from ‘‘(ii) the specialty of the provider; participation in all State plans under title ‘‘(iii) the address of the provider; and equally divided and controlled by the XIX of such Act. ‘‘(iv) the telephone number of the provider; proponent and an opponent, shall not (2) Information on the amount of Federal and be subject to amendment, and shall not ‘‘(B) with respect to any such provider par- financial participation paid to States under ticipating in such a primary care case-manage- be subject to a demand for division of section 1903 of such Act in violation of the ment system, information regarding— the question. limitation on such payment specified in sub- sections (i)(2)(D) and subsection (m)(3) of ‘‘(i) whether the provider is accepting as new b 1330 patients individuals who receive medical assist- such section, as added by subsection (a)(4). ance under this title; and AMENDMENT NO. 1 OFFERED BY MR. BUCSHON (3) An assessment of the extent to which ‘‘(ii) the provider’s cultural and linguistic ca- The CHAIR. It is now in order to con- contracts with managed care entities under pabilities, including the languages spoken by sider amendment No. 1 printed in title XIX of such Act comply with the re- the provider or by the skilled medical interpreter House Report 114–440. quirement specified in section 1932(d)(5) of providing interpretation services at the pro- Mr. BUCSHON. Mr. Chairman, I have such Act, as added by subsection (a)(2). (4) An assessment of the extent to which vider’s office.’’. an amendment at the desk. (b) DIRECTORY PROVIDERS DESCRIBED.—Sec- providers have been enrolled under section tion 1902 of the Social Security Act (42 U.S.C. The CHAIR. The Clerk will designate 1902(a)(78) or 1932(d)(6)(A) of such Act (42 1396a), as amended by section 2(a)(3), is amend- the amendment. U.S.C. 1396a(a)(78), 1396u–2(d)(6)(A)) with ed by adding at the end the following new sub- The text of the amendment is as fol- State agencies administering State plans section: lows: under title XIX of such Act. ‘‘(mm) DIRECTORY PROVIDERS DESCRIBED.—A Page 1, lines 2 and 3, strike ‘‘Ensuring Re- Page 12, lines 1 and 2, strike ‘‘180 days after provider described in this subsection is— moval of Terminated Providers from Med- the date of the enactment of this paragraph’’ ‘‘(1) in the case of a provider of a provider icaid and CHIP Act’’ and insert ‘‘Ensuring and insert ‘‘January 1, 2017’’. type for which the State agency, as a condition Access to Quality Medicaid Providers Act’’. Page 12, line 10, strike ‘‘a directory’’ and on receiving payment for items and services fur- Page 1, lines 15 and 16, strike ‘‘January 1, all that follows through line 13 and insert nished by the provider to individuals eligible to 2017’’ and insert ‘‘July 1, 2018’’. the following: ‘‘a directory of the physicians receive medical assistance under the State plan, Page 3, lines 1 and 2, strike ‘‘the effective described in subsection (mm) and, at State requires the enrollment of the provider with the date of such termination specified in such option, other providers described in such State agency, a provider that— notice’’ and insert ‘‘the date on which such subsection that—’’ ‘‘(A) is enrolled with the agency as of the date termination is effective, as specified in the Page 12, after line 13, insert the following: on which the directory is published or updated notice’’. ‘‘(A) includes—’’. (as applicable) under subsection (a)(82); and Page 3, line 16, strike ‘‘REPORTING REQUIRE- Page 12, line 14, strike ‘‘(A)’’ and insert ‘‘(B) received payment under the State plan in MENTS’’ and insert ‘‘CONTRACT REQUIRE- ‘‘(i)’’. the 12-month period preceding such date; and MENT’’. Page 12, line 14, insert ‘‘physician or’’ be- ‘‘(2) in the case of a provider of a provider Page 3, line 20, strike ‘‘STATE REPORTING fore ‘‘provider’’. type for which the State agency does not require REQUIREMENTS FOR MANAGED CARE ENTITIES’’ Page 12, line 15, strike ‘‘(i)’’ and insert such enrollment, a provider that received pay- and insert ‘‘CONTRACT REQUIREMENT FOR MAN- ‘‘(I)’’. ment under the State plan in the 12-month pe- AGED CARE ENTITIES’’. Page 12, line 15, insert ‘‘physician or’’ be- riod preceding the date on which the directory Page 3, line 22, strike ‘‘(A)’’ and all that fore ‘‘provider’’. is published or updated (as applicable) under follows through ‘‘With respect’’ and insert Page 12, line 16, strike ‘‘(ii)’’ and insert subsection (a)(82).’’. ‘‘With respect’’. ‘‘(II)’’.

VerDate Sep 11 2014 02:42 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.006 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE March 2, 2016 CONGRESSIONAL RECORD — HOUSE H1103 Page 12, line 16, insert ‘‘physician or’’ be- HHS review the implementation of the It is now in order to consider amend- fore ‘‘provider’’. requirements in this bill regarding ter- ment No. 4 printed in House Report Page 12, line 17, strike ‘‘(iii)’’ and insert minated providers and report back to 114–440. ‘‘(III)’’. Congress on what they find. This is an Page 12, line 17, strike ‘‘of the provider’’ The question is on the amendment in and insert ‘‘at which the physician or pro- important feedback loop to ensure ap- the nature of a substitute, as amended. vider provides services’’. propriate oversight. The amendment was agreed to. Finally, the amendment clarifies Page 12, line 18, strike ‘‘(iv)’’ and insert The CHAIR. Under the rule, the Com- that the fee-for-service provider direc- ‘‘(IV)’’. mittee rises. Page 12, line 18, insert ‘‘physician or’’ be- tory is required to include physicians fore ‘‘provider’’. and, at a State’s option, other pro- Accordingly, the Committee rose; Page 12, line 20, strike ‘‘(B)’’ and insert viders. The amendment also clarifies and the Speaker pro tempore (Mr. ‘‘(ii)’’. the information that could be included SMITH of ) having assumed the Page 12, line 20, insert ‘‘physician or’’ be- in the directory. chair, Mr. HOLDING, Chair of the Com- fore ‘‘provider’’. mittee of the Whole House on the state MODIFICATION TO AMENDMENT NO. 1 OFFERED Page 12, line 23, strike ‘‘(i)’’ and insert of the Union, reported that that Com- ‘‘(I)’’. BY MR. BUCSHON Page 12, line 23, insert ‘‘physician or’’ be- Mr. BUCSHON. Mr. Chair, I ask mittee, having had under consideration fore ‘‘provider’’. unanimous consent to modify the sec- the bill (H.R. 3716) to amend title XIX Page 13, line 1, strike ‘‘(ii)’’ and insert ond instruction relating to page 13, line of the Social Security Act to require ‘‘(II)’’. 1, as provided at the desk. States to provide to the Secretary of Page 13, line 1, insert ‘‘the physician’s’’ be- The CHAIR. The Clerk will report the Health and Human Services certain in- fore ‘‘provider’s’’. modification. formation with respect to provider ter- Page 13, line 3, insert ‘‘physician or’’ before The Clerk read as follows: minations, and for other purposes, and, ‘‘provider’’. Modification to amendment No. 1 of- pursuant to House Resolution 632, he Page 13, line 5, strike ‘‘provider’s office.’’ and insert ‘‘physician’s or provider’s office; fered by Mr. BUCSHON: reported the bill back to the House and’’. Page 13, line 1, insert ‘‘physician’s or’’ be- with an amendment adopted in the Page 13, after line 5, insert the following: fore ‘‘provider’s’’. Committee of the Whole. ‘‘(B) may include, at State option, with re- The CHAIR. Is there objection to the The SPEAKER pro tempore. Under spect to each such physician or provider— request of the gentleman from Indiana? the rule, the previous question is or- ‘‘(i) the Internet website of such physician There was no objection. dered. or provider; or The CHAIR. The amendment is modi- ‘‘(ii) whether the physician or provider is Is a separate vote demanded on any fied. amendment to the amendment re- accepting as new patients individuals who The Chair recognizes the gentleman ported from the Committee of the receive medical assistance under this title.’’. from Indiana. Page 13, line 6, strike ‘‘PROVIDERS’’ and in- Mr. BUCSHON. Mr. Chairman, I urge Whole? sert ‘‘PHYSICIAN OR PROVIDER’’. my colleagues to support this bipar- If not, the question is on the amend- Page 13, line 10, strike ‘‘PROVIDERS’’ and ment in the nature of a substitute, as insert ‘‘PHYSICIAN OR PROVIDER’’. tisan amendment to H.R. 3716. Page 13, line 10, strike ‘‘A’’ and insert ‘‘A I yield back the balance of my time. amended. physician or’’. The CHAIR. Does any Member seek The amendment was agreed to. Page 13, line 12, insert ‘‘physician or’’ be- time in opposition to the amendment? The SPEAKER pro tempore. The fore ‘‘provider of’’. Mr. BUCSHON. Mr. Chairman, I ask question is on the engrossment and Page 13, line 15, insert ‘‘physician or’’ be- unanimous consent to reclaim my third reading of the bill. fore ‘‘provider’’. time. The bill was ordered to be engrossed Page 13, line 17, strike ‘‘provider with the The CHAIR. Is there objection to the and read a third time, and was read the State agency, a’’ and insert ‘‘physician or request of the gentleman from Indiana? provider with the State agency, a physician There was no objection. third time. or’’. The CHAIR. The gentleman from In- The SPEAKER pro tempore. The Page 14, line 1, insert ‘‘physician or’’ before diana is recognized. question is on the passage of the bill. ‘‘provider of’’. Mr. BUCSHON. Mr. Chairman, I yield The question was taken; and the Page 14, line 3, insert ‘‘physician or’’ before ‘‘provider’’. to the gentleman from New York (Mr. Speaker pro tempore announced that Page 14, beginning on line 10, strike ‘‘in TONKO). the ayes appeared to have it. which all the individuals enrolled in the Mr. TONKO. Mr. Chair, I rise in sup- Mr. BUCSHON. Mr. Speaker, on that State plan under title XIX of the Social Se- port of the manager’s amendment. I demand the yeas and nays. curity Act’’ and insert ‘‘(as defined for pur- This amendment provides a new bill The yeas and nays were ordered. poses of title XIX of the Social Security Act) name that incorporates the underlying The SPEAKER pro tempore. Pursu- in which all the individuals enrolled in the policies from each of its component ant to clause 8 of rule XX, further pro- State plan under such title’’. bills and reflects additional technical ceedings on this question will be post- Page 15, line 3, insert ‘‘of Health and changes that have been outlined by the Human Services’’ after ‘‘Secretary’’. poned. Page 15, line 12, strike ‘‘section’’ and insert gentleman from Indiana (Mr. BUCSHON), ‘‘Act’’. made in consultation with CMS. This is a very targeted policy that f The CHAIR. Pursuant to House Reso- went through extensive review through lution 632, the gentleman from Indiana regular order in the committee. The RECESS (Mr. BUCSHON) and a Member opposed manager’s amendment reflects the each will control 5 minutes. The SPEAKER pro tempore. Pursu- final iteration of that hard work. ant to clause 12(a) of rule I, the Chair The Chair recognizes the gentleman I would urge all my colleagues to from Indiana. declares the House in recess subject to support this simple refining amend- the call of the Chair. Mr. BUCSHON. Mr. Chairman, I yield ment. myself such time as I may consume. Mr. BUCSHON. Mr. Chairman, I yield Accordingly (at 1 o’clock and 38 min- This bipartisan amendment makes a back the balance of my time. utes p.m.), the House stood in recess. few technical changes to the bill. The CHAIR. The question is on the First, this amendment modifies the amendment, as modified, offered by the f short title to better reflect the policies gentleman from Indiana (Mr. BUCSHON). of both sections of the bill. The amendment, as modified, was b 1715 Second, this amendment updates the agreed to. effective dates throughout the bill to The CHAIR. It is now in order to con- AFTER RECESS ensure that States and HHS have the sider amendment No. 2 printed in time necessary to correctly implement House Report 114–440. The recess having expired, the House the provisions. It is now in order to consider amend- was called to order by the Speaker pro Next, it includes a requirement that ment No. 3 printed in House Report tempore (Mr. DUNCAN of Tennessee) at the Office of the Inspector General at 114–440. 5 o’clock and 15 minutes p.m.

VerDate Sep 11 2014 02:42 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.007 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1104 CONGRESSIONAL RECORD — HOUSE March 2, 2016 REPORT ON RESOLUTION PRO- Crowley Jenkins (KS) Olson Vargas Wasserman Wilson (SC) Cuellar Jenkins (WV) Palazzo Veasey Schultz Wittman VIDING FOR CONSIDERATION OF Culberson Johnson (OH) Pallone Vela Waters, Maxine Womack H.R. 4557, BLOCKING REGU- Cummings Johnson, E. B. Palmer Vela´ zquez Watson Coleman Woodall LATORY INTERFERENCE FROM Curbelo (FL) Johnson, Sam Paulsen Visclosky Weber (TX) Yarmuth CLOSING KILNS ACT OF 2016, AND Davis (CA) Jolly Payne Wagner Webster (FL) Yoder Davis, Danny Jones Pearce Walberg Welch Yoho PROVIDING FOR PROCEEDINGS Davis, Rodney Jordan Perlmutter Walden Wenstrup Young (AK) DURING THE PERIOD FROM DeFazio Joyce Perry Walker Westerman Young (IA) MARCH 4, 2016, THROUGH MARCH DeGette Kaptur Peters Walorski Whitfield Young (IN) 11, 2016 Delaney Katko Peterson Walters, Mimi Williams Zeldin DelBene Keating Pingree Walz Wilson (FL) Zinke Mr. BYRNE, from the Committee on Denham Kelly (IL) Pittenger NOT VOTING—27 Rules, submitted a privileged report Dent Kelly (MS) Pitts DeSantis Kelly (PA) Pocan Benishek Gutie´rrez Pascrell (Rept. No. 114–443) on the resolution (H. DeSaulnier Kennedy Poe (TX) Black Herrera Beutler Pelosi Res. 635) providing for consideration of DesJarlais Kildee Poliquin Brady (PA) Hinojosa Rice (NY) the bill (H.R. 4557) to allow for judicial Deutch Kilmer Polis DeLauro Johnson (GA) Richmond review of any final rule addressing na- Diaz-Balart Kind Pompeo Duffy Larson (CT) Rogers (KY) Dingell King (IA) Posey Ellmers (NC) Lewis Sanchez, Loretta tional emission standards for haz- Doggett King (NY) Price (NC) Franks (AZ) Lofgren Scott, David ardous air pollutants for brick and Dold Kinzinger (IL) Price, Tom Frelinghuysen Mulvaney Smith (WA) structural clay products or for clay ce- Donovan Kirkpatrick Quigley Green, Gene Napolitano Westmoreland ramics manufacturing before requiring Doyle, Michael Kline Rangel 1733 F. Knight Ratcliffe b compliance with such rule, and pro- Duckworth Kuster Reed So the bill was passed. viding for proceedings during the pe- Duncan (SC) Labrador Reichert The result of the vote was announced riod from March 4, 2016, through March Duncan (TN) LaHood Renacci Edwards LaMalfa Ribble as above recorded. 11, 2016, which was referred to the Ellison Lamborn Rice (SC) A motion to reconsider was laid on House Calendar and ordered to be Emmer (MN) Lance Rigell the table. printed. Engel Langevin Roby Stated for: Eshoo Larsen (WA) Roe (TN) f Esty Latta Rogers (AL) Mrs. BLACK. Mr. Speaker, on rollcall No. Farenthold Lawrence Rohrabacher 105, I was unavoidably detained. Had I been MESSAGES FROM THE PRESIDENT Farr Lee Rokita present, I would have voted ‘‘yes.’’ Fattah Levin Rooney (FL) Mr. LARSON of Connecticut. Mr. Speaker, Messages in writing from the Presi- Fincher Lieu, Ted Ros-Lehtinen dent of the United States were commu- Fitzpatrick Lipinski Roskam during rollcall vote No. 105 on March 2, 2016 nicated to the House by Mr. Brian Fleischmann LoBiondo Ross (H.R. 3716), I was unavoidably detained. Had Pate, one of his secretaries. Fleming Loebsack Rothfus I been present, I would have voted ‘‘yes.’’ Flores Long Rouzer Ms. DELAURO. Mr. Speaker, during rollcall f Forbes Loudermilk Roybal-Allard Fortenberry Love Royce vote No. 105 on March 2, 2016 (H.R. 3716), ENSURING REMOVAL OF TERMI- Foster Lowenthal Ruiz I was unavoidably detained. Had I been NATED PROVIDERS FROM MED- Foxx Lowey Ruppersberger present, I would have voted ‘‘yes.’’ Frankel (FL) Lucas Rush Mrs. NAPOLITANO. Mr. Speaker, on ICAID AND CHIP ACT Fudge Luetkemeyer Russell Wednesday, March 2, 2016, I was absent dur- The SPEAKER pro tempore. Pursu- Gabbard Lujan Grisham Ryan (OH) Gallego (NM) Salmon ing rollcall vote No. 105. Had I been present, ant to clause 8 of rule XX, the unfin- Garamendi Luja´ n, Ben Ray Sa´ nchez, Linda I would have voted ‘‘aye’’ on final passage of ished business is the vote on passage of Garrett (NM) T. H.R. 3716—Ensuring Access to Quality Med- the bill (H.R. 3716) to amend title XIX Gibbs Lummis Sanford Gibson Lynch Sarbanes icaid Providers. of the Social Security Act to require Gohmert MacArthur Scalise Mr. GENE GREEN of Texas. Mr. Speaker, States to provide to the Secretary of Goodlatte Maloney, Schakowsky I was unable to vote on Wednesday, March 2, Health and Human Services certain in- Gosar Carolyn Schiff 2016, due to important events being held formation with respect to provider ter- Gowdy Maloney, Sean Schrader Graham Marchant Schweikert today in our district in Houston and Harris minations, and for other purposes, on Granger Marino Scott (VA) County, Texas. If I had been able to vote, I which the yeas and nays were ordered. Graves (GA) Massie Scott, Austin would have voted as follows: On H.R. 3716, The Clerk read the title of the bill. Graves (LA) Matsui Sensenbrenner Graves (MO) McCarthy Serrano the Ensuring Access to Quality Medicaid Pro- The SPEAKER pro tempore. The Grayson McCaul Sessions viders Act, I would have voted ‘‘yea.’’ question is on the passage of the bill. Green, Al McClintock Sewell (AL) f The vote was taken by electronic de- Griffith McCollum Sherman vice, and there were—yeas 406, nays 0, Grijalva McDermott Shimkus CONTINUATION OF THE NATIONAL Grothman McGovern Shuster EMERGENCY WITH RESPECT TO not voting 27, as follows: Guinta McHenry Simpson [Roll No. 105] Guthrie McKinley Sinema UKRAINE—MESSAGE FROM THE Hahn McMorris Sires YEAS—406 PRESIDENT OF THE UNITED Hanna Rodgers Slaughter STATES (H. DOC. NO. 114–112) Abraham Boyle, Brendan Chabot Hardy McNerney Smith (MO) Adams F. Chaffetz Harper McSally Smith (NE) The SPEAKER pro tempore laid be- Aderholt Brady (TX) Chu, Judy Harris Meadows Smith (NJ) fore the House the following message Aguilar Brat Cicilline Hartzler Meehan Smith (TX) Allen Bridenstine Clark (MA) Hastings Meeks Speier from the President of the United Amash Brooks (AL) Clarke (NY) Heck (NV) Meng Stefanik States; which was read and, together Amodei Brooks (IN) Clawson (FL) Heck (WA) Messer Stewart with the accompanying papers, referred Ashford Brown (FL) Clay Hensarling Mica Stivers to the Committee on Foreign Affairs Babin Brownley (CA) Cleaver Hice, Jody B. Miller (FL) Stutzman Barletta Buchanan Clyburn Higgins Miller (MI) Swalwell (CA) and ordered to be printed: Barr Buck Coffman Hill Moolenaar Takai Barton Bucshon Cohen Himes Mooney (WV) Takano To the Congress of the United States: Bass Burgess Cole Holding Moore Thompson (CA) Section 202(d) of the National Emer- Beatty Bustos Collins (GA) Honda Moulton Thompson (MS) gencies Act (50 U.S.C. 1622(d)) provides Becerra Butterfield Collins (NY) Hoyer Mullin Thompson (PA) for the automatic termination of a na- Bera Byrne Comstock Hudson Murphy (FL) Thornberry Beyer Calvert Conaway Huelskamp Murphy (PA) Tiberi tional emergency unless, within 90 Bilirakis Capps Connolly Huffman Nadler Tipton days prior to the anniversary date of Bishop (GA) Capuano Conyers Huizenga (MI) Neal Titus its declaration, the President publishes Bishop (MI) Ca´ rdenas Cook Hultgren Neugebauer Tonko Bishop (UT) Carney Cooper Hunter Newhouse Torres in the Federal Register and transmits to Blackburn Carson (IN) Costa Hurd (TX) Noem Trott the Congress a notice stating that the Blum Carter (GA) Costello (PA) Hurt (VA) Nolan Tsongas emergency is to continue in effect be- Blumenauer Carter (TX) Courtney Israel Norcross Turner yond the anniversary date. In accord- Bonamici Cartwright Cramer Issa Nugent Upton Bost Castor (FL) Crawford Jackson Lee Nunes Valadao ance with this provision, I have sent to Boustany Castro (TX) Crenshaw Jeffries O’Rourke Van Hollen the Federal Register for publication the

VerDate Sep 11 2014 05:31 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.033 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE March 2, 2016 CONGRESSIONAL RECORD — HOUSE H1105 enclosed notice stating that the na- pose an unusual and extraordinary foreign policy of the United States. For tional emergency declared in Executive threat to the national security and for- these reasons, I have determined that Order 13660 of March 6, 2014, is to con- eign policy of the United States. For it is necessary to continue this na- tinue in effect beyond March 6, 2016. this reason, the national emergency de- tional emergency and to maintain in The actions and policies of persons clared on March 6, 2014, and the meas- force the sanctions to respond to this that undermine democratic processes ures adopted on that date, on March 16, threat. and institutions in Ukraine; threaten 2014, on March 20, 2014, and December . its peace, security, stability, sov- 19, 2014, to deal with that emergency, THE WHITE HOUSE, March 2, 2016. ereignty, and territorial integrity; and must continue in effect beyond March NOTICE contribute to the misappropriation of 6, 2016. Therefore, in accordance with its assets, as well as the actions and section 202(d) of the National Emer- policies of the Government of the Rus- gencies Act (50 U.S.C. 1622(d)), I am CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO ZIMBABWE sian Federation, including its pur- continuing for 1 year the national On March 6, 2003, by Executive Order ported annexation of Crimea and its emergency declared in Executive Order 13288, the President declared a national use of force in Ukraine, continue to 13660. emergency and blocked the property of pose an unusual and extraordinary This notice shall be published in the certain persons, pursuant to the Inter- threat to the national security and for- Federal Register and transmitted to the national Emergency Economic Powers eign policy of the United States. There- Congress. Act (50 U.S.C. 1701–1706), to deal with fore, I have determined that it is nec- BARACK OBAMA. the unusual and extraordinary threat THE WHITE HOUSE, March 2, 2016. essary to continue the national emer- to the foreign policy of the United gency declared in Executive Order 13660 f States constituted by the actions and with respect to Ukraine. HOUR OF MEETING ON TOMORROW policies of certain members of the Gov- BARACK OBAMA. ernment of Zimbabwe and other per- THE WHITE HOUSE, March 2, 2016. Mr. GRAVES of Louisiana. Mr. sons to undermine Zimbabwe’s demo- Speaker, I ask unanimous consent that NOTICE cratic processes or institutions. These when the House adjourns today, it ad- actions and policies had contributed to journ to meet at 9 a.m. tomorrow. the deliberate breakdown in the rule of CONTINUATION OF THE NATIONAL EMERGENCY The SPEAKER pro tempore. Is there law in Zimbabwe, to politically moti- WITH RESPECT TO UKRAINE objection to the request of the gen- On March 6, 2014, by Executive Order vated violence and intimidation in that tleman from Louisiana? country, and to political and economic 13660, I declared a national emergency There was no objection. pursuant to the International Emer- instability in the southern African re- gion. gency Economic Powers Act (50 U.S.C. f On November 22, 2005, the President 1701–1706) to deal with the unusual and CONTINUATION OF THE NATIONAL issued Executive Order 13391 to take extraordinary threat to the national EMERGENCY WITH RESPECT TO additional steps with respect to the na- security and foreign policy of the ZIMBABWE—MESSAGE FROM THE tional emergency declared in Executive United States constituted by the ac- PRESIDENT OF THE UNITED Order 13288, including the blocking of tions and policies of persons that un- STATES (H. DOC. NO. 114–113) the property of additional persons en- dermine democratic processes and in- The SPEAKER pro tempore laid be- gaged in undermining democratic proc- stitutions in Ukraine; threaten its fore the House the following message esses or institutions in Zimbabwe. peace, security, stability, sovereignty, from the President of the United On July 25, 2008, the President issued and territorial integrity; and con- States; which was read and, together Executive Order 13469, which expanded tribute to the misappropriation of its with the accompanying papers, referred the scope of the national emergency assets. to the Committee on Foreign Affairs declared in Executive Order 13288 and On March 16, 2014, I issued Executive and ordered to be printed: authorized the blocking of the property Order 13661, which expanded the scope of additional persons who were engaged To the Congress of the United States: of the national emergency declared in in undermining democratic processes Section 202(d) of the National Emer- Executive Order 13660, and found that or institutions in Zimbabwe, facili- gencies Act (50 U.S.C. 1622(d)) provides the actions and policies of the Govern- tating public corruption by senior offi- for the automatic termination of a na- ment of the Russian Federation with cials, or were responsible for commit- tional emergency unless, within 90 respect to Ukraine undermine demo- ting human rights abuses related to po- days prior to the anniversary date of cratic processes and institutions in litical repression. Ukraine; threaten its peace, security, its declaration, the President publishes The actions and policies of these per- stability, sovereignty, and territorial in the Federal Register and transmits to sons continue to pose an unusual and integrity; and contribute to the mis- the Congress a notice stating that the extraordinary threat to the foreign pol- appropriation of its assets. emergency is to continue in effect be- icy of the United States. For this rea- On March 20, 2014, I issued Executive yond the anniversary date. In accord- son, the national emergency declared Order 13662, which further expanded the ance with this provision, I have sent to on March 6, 2003, and the measures scope of the national emergency de- the Federal Register for publication the adopted on that date, on November 22, clared in Executive Order 13660, as ex- enclosed notice stating that the na- 2005, and on July 25, 2008, to deal with panded in scope in Executive Order tional emergency originally declared in that emergency, must continue in ef- 13661, and found that the actions and Executive Order 13288 of March 6, 2003, fect beyond March 6, 2016. Therefore, in policies of the Government of the Rus- and renewed every year since then, is accordance with section 202(d) of the sian Federation, including its pur- to continue in effect beyond March 6, National Emergencies Act (50 U.S.C. ported annexation of Crimea and its 2016. 1622(d)), I am continuing for 1 year the use of force in Ukraine, continue to un- The threat constituted by the actions national emergency originally declared dermine democratic processes and in- and policies of certain members of the in Executive Order 13288. stitutions in Ukraine; threaten its Government of Zimbabwe and other This notice shall be published in the peace, security, stability, sovereignty, persons to undermine Zimbabwe’s Federal Register and transmitted to the and territorial integrity; and con- democratic processes or institutions, Congress. tribute to the misappropriation of its contributing to the deliberate break- BARACK OBAMA. assets. down in the rule of law, to politically THE WHITE HOUSE, March 2, 2016. On December 19, 2014, I issued Execu- motivated violence and intimidation, f tive Order 13685, to take additional and to political and economic insta- steps to address the Russian occupa- bility in the southern African region, HONORING THE LIFE AND SERVICE tion of the Crimea region of Ukraine. has not been resolved. These actions OF OFFICER ASHLEY GUINDON The actions and policies addressed in and policies continue to pose an un- (Mr. WITTMAN asked and was given these Executive Orders continue to usual and extraordinary threat to the permission to address the House for 1

VerDate Sep 11 2014 05:00 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.019 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1106 CONGRESSIONAL RECORD — HOUSE March 2, 2016 minute and to revise and extend his re- [From The Plain Dealer, Feb. 26, 2016] So, he said he was fine, and once we got marks.) TOLEDO NATIVE EDWARD BYERS WILL BE outside, I noticed that our medics were Mr. WITTMAN. Mr. Speaker, I rise AWARDED MEDAL OF HONOR working on Nick, and you know, being a today to honor the life and service of (By Brian Albrecht) medic myself I passed off the American hos- tage off to our other teammates and I went Officer Ashley Guindon. CLEVELAND, OHIO.—The rescue of an Amer- over to work on Nick, and did resuscitative Officer Guindon was killed in the line ican hostage in Afghanistan in 2012 will re- efforts on him all the way to the hospital, of duty Saturday while responding to a sult in Toledo native and Navy SEAL Ed- where he was announced dead there.’’ call for help from a domestic violence ward C. Byers Jr. being awarded the Medal of The official citation noted: ‘‘Chief Petty victim. Honor by President Barack Obama in a cere- Officer Byers displayed superior gallantry, mony at the White House on February 29. extraordinary heroism at grave personal She was 28 years old, and during her The Senior Chief Special Warfare Operator short life, Officer Guindon had done risk, dedication to his teammates, and calm is only the 11th living service member to be tactical leadership while liberating Dr. Dilip more for others than most of us will awarded the Medal of Honor for bravery dis- Joseph from captivity.’’ ever do. She spent 6 years in the Ma- played in Afghanistan. Byers said that when he found out he was rine Corps Reserves before interning According to Navy information, Byers was being awarded the Medal of Honor, ‘‘I felt and ultimately working with the born in Toledo in 1979 and grew up in Grand very honored and very humbled because I’m Prince William County Police Depart- Rapids, Ohio. After graduating from Otsego gonna be a representative for the Navy and High School, where he played varsity soccer, the naval special warfare community, and ment. he joined the Navy in 1998. At funeral services Tuesday, Officer there’s a weight that’s carried with that. Byers attended hospital corpsman school ‘‘And that weight is the sacrifices that ev- Guindon was remembered as a police- and also completed a basic underwater demo- erybody has made within this community. woman and as a peace officer. lition/SEAL course and special operations Guys like Nick Cheque and all of our other In Prince William County, the Police combat medic course in 2003. brothers that have fallen, is it’s an affirma- Department’s stated mission is to ‘‘en- He went on 11 overseas deployments, in- tion of the job that we do, and an apprecia- hance the quality of life by providing cluding nine combat tours. tion of the job we do.’’ police services through shared respon- The Medal of Honor is awarded to members In the interview, Byers also credited the of the armed forces who distinguish them- sibility with the public.’’ support of his family, and noted that when selves conspicuously by gallantry and intre- he told his mother about the award cere- As members of the public, it is in- pidity at the risk of their own lives above mony, ‘‘the first question out of her mouth is cumbent upon us to respect the work and beyond the call of duty. ‘Do you think I can come to it?’ And I said that police officers do, the sacrifices The mission that lead to his Medal of of course, mom, I think you’ll be able to that they make, and the lives that Honor award involved the rescue of Dr. Dilip come to it.’’ they touch across the Commonwealth Joseph, an American who was abducted with He also noted that his daughter ‘‘knows and the United States of America. his driver and Afghan interpreter in Decem- that I’m daddy, and she loves me just for ber of 2012. that. If you talk to her one-on-one, she’ll tell God rest you and keep your family, U.S. intelligence located Joseph in a re- Officer Guindon. Thank you for your you all the five nicknames she has for me, mote mountainous area in a small, single- and none of them includes ‘hero.’ ’’ service. room building, and Byers was part of the He concluded, ‘‘I’m gonna continue to be a team assigned to the recovery mission. f SEAL. And I’m gonna take whatever job or In a subsequent Navy Interview, Byers de- mission is next for me, and just continue CONGRATULATING NAVY SEAL tailed his role in that mission: doing that. I don’t have any plans on chang- ‘‘So that night was December 8 in Eastern EDWARD BYERS ing my job at this time. I still love what I Afghanistan, it was a cool night, we got off do, and as long as I love what I do I’ll con- (Ms. KAPTUR asked and was given the helicopters, did a four- or five-hour pret- tinue doing it.’’ permission to address the House for 1 ty arduous hike through the mountains, and Byers’ personal decorations include the minute and to revise and extend her re- upon getting to our target building where we Bronze Star with Valor (five awards), the marks.) assumed the American hostage was at, our Purple Heart (two awards), the Joint Service point man Nick Cheque, he was right in front Ms. KAPTUR. Mr. Speaker, I want to Commendation Medal with Valor, the Navy of me, he saw a guard come out of the door, Commendation Medal (three awards, one add the congratulations and com- he engaged that guard and we started sprint- with Valor), the Combat Action ribbon (two mendations from the people of Ohio’s ing towards the door. awards), and the Good Conduct Medal (five Ninth District to Navy SEAL Edward ‘‘Nick made his way in, and I made my way awards). Byers for his incredible valor, and I in right behind him, and I went down by the He is one of only eight living Navy Medal thank the President of the United wall, and I engaged an enemy by the back- of Honor recipients. There are 78 living re- States for awarding him this week the side of the wall. And then I saw another per- cipients total. Medal of Honor. son moving across the floor, so by the time Ohio has had 319 other Medal of Honor re- I got to him he was on his back and I was cipients with a connection to this state, dat- Born in Toledo, Ohio, and raised in able to get down on top of him and straddle ing back to the Civil War. Grand Rapids, Ohio, SEAL Team Mem- him with my knees, and I had to adjust my SUMMARY OF ACTION ber Byers is a credit, not only to his night vision to try to get some facial rec- SENIOR CHIEF SPECIAL WARFARE OPERATOR ognition. service, but to the patriotic people who (SEAL) EDWARD C. BYERS JR.: FOR ACTIONS ‘‘At the same time this is happening I’m raised him, and for his enlistment in DURING OPERATION ENDURING FREEDOM ON calling out trying to find the location of the the U.S. military. DEC. 8, 2012 The bravery that he exhibited and American hostage. And finally he spoke up and it was at that time I engaged the person Chief Special Warfare Operator (SEAL) Ed- the training and readiness that he ex- I was on top of and jumped off, and jumped ward C. Byers Jr., United States Navy, dis- emplified through his valorous service off of the guy I was on and jumped onto the tinguished himself by heroic gallantry as an in Afghanistan will go down in the an- doctor who was about three or four, maybe Assault Team Member attached to a Joint nals of American history. five feet to my right. Task Force in support of Operation ENDUR- He is only one of a handful of SEALs ‘‘The reason I did that is because I was ING FREEDOM on 8 December 2012. who have been awarded the Medal of wearing body armor, so I wanted to protect SPECIFIC ACCOMPLISHMENT Honor. He handled the ceremony with him from any other potential threats in the Dr. Dilip Joseph is an American citizen, great dignity, and we send our love and room. who was abducted with his driver and Afghan ‘‘Anyone who’s been in combat knows that interpreter on 5 December 2012. Intelligence congratulations to his wife, to his fam- in those moments you either react, or you reports indicated that Dr. Joseph might be ily, and to all those who have the get killed. transported to another location as early as 9 pleasure of knowing this really great ‘‘When I did that there was a guy that was December 2012. Dr. Joseph was being held in American. right behind him within arm’s reach, who a small, single-room building. Congratulations, SEAL Team Mem- was armed, and I was able to pin that guy to The target compound was located in a re- ber Edward Byers. You distinguished the wall by his throat, kind-of holding the mote area beside a mountain in the yourself on behalf of the people of your doctor, and waiting for my teammates to Qarghah’i District of Laghman Province, Af- country and for freedom-loving people come in and take care of the threat that was ghanistan. Chief Byers was part of the rescue right next to us. When I was done, I still laid team that planned to make entry into the around our world. on top of him, and kept asking him ‘hey can room of guards where the hostage was be- Mr. Speaker, I will include in the you walk,’ you know, and ‘is there anything lieved to be located. Success of the rescue CONGRESSIONAL RECORD two articles medically wrong with you,’ because our goal operation relied upon surprise, speed, and ag- about this Toledo native. is to bring this guy back alive. gressive action. Trading personal security

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for speed of action was inherent to the suc- For conspicuous gallantry and intrepidity NAVY MEDAL OF HONOR FACTS cess of this rescue mission. Each assaulter in at the risk of his life above and beyond the Senior Chief Byers is the 6th Navy SEAL the rescue force volunteered for this oper- call of duty as a Hostage Rescue Force Team in history to receive the Medal of Honor. ation with full appreciation for the risks Member in Afghanistan in support of Oper- Senior Chief Byers is one of only eight liv- they were to undertake. ation ENDURING FREEDOM from 8 to 9 De- ing Navy Medal of Honor recipients. There With the approval of the Commander of all cember 2012. As the rescue force approached are 78 living recipients total. International Security Assistance Forces in the target building, an enemy sentry de- There have been 745 Medals of Honor Afghanistan, the rescue force launched from tected them and darted inside to alert his awarded to Navy personnel. (308 of those its forward operating base. The infiltration fellow captors. The sentry quickly re- were for actions during the Civil War) was an exhaustive patrol across unimproved emerged, and the lead assaulter attempted to trails and mountainous terrain. After nearly Only two Navy service members have re- neutralize him. Chief Byers with his team ceived the Medal of Honor for actions subse- four hours of patrolling, the rescue force was sprinted to the door of the target building. positioned to make its assault on the target quent to the , and both of those As the primary breacher, Chief Byers stood awards were posthumous. (Lieutenant Mi- compound. in the doorway fully exposed to enemy fire As the patrol closed to within 25 meters of chael Murphy and Petty Officer Michael while ripping down six layers of heavy blan- the target building, a guard became aware of Monsoor, both SEALs) kets fastened to the inside ceiling and walls the rescue force. The forward-most assaulter The most recent Navy recipient of the shot at the guard and ran towards the door to clear a path for the rescue force. The first Medal of Honor was Petty Officer 2nd Class to make entry as the guard disappeared in- assaulter pushed his way through the blan- Michael Monsoor, who was posthumously side. Chief Byers was the second assaulter in kets, and was mortally wounded by enemy awarded the Medal of Honor by President a sprint towards the door. Six layers of blan- small arms fire from within. Chief Byers, George W. Bush on Apr. 8, 2008. kets securely fastened to the ceiling and completely aware of the imminent threat, The most recent living Navy recipient of walls served as the Afghan door. While Chief fearlessly rushed into the room and engaged the Medal of Honor was Robert Ingram, who Byers tried to rip down the blankets, the an enemy guard aiming an AK–47 at him. He left the Navy in 1968, and was later awarded first assaulter pushed his way through the then tackled another adult male who had the Medal of Honor by President doorway and was immediately shot by darted towards the corner of the room. Dur- on Jul. 10, 1998 for actions during the Viet- enemy AK–47 fire. Chief Byers, fully aware of ing the ensuing hand-to-hand struggle, Chief nam War. the hostile threat inside the room, boldly en- Byers confirmed the man was not the hos- Senior Chief Byers is the first living active tered and immediately engaged a guard tage and engaged him. As other rescue team duty member of the U.S. Navy to receive the pointing an AK–47 towards him. As he was members called out to the hostage, Chief Medal of Honor since Apr. 6, 1976, the late engaging that guard, another adult male Byers heard a voice respond in English and Rear Admiral James Stockdale and Lieuten- darted towards the corner of the room. Chief raced toward it. He jumped atop the Amer- ant Thomas Norris (also a SEAL) each re- Byers could not distinguish if the person ican hostage and shielded him from the high ceived the decoration from President Gerald may have been the hostage scrambling away volume of fire within the small room. While Ford. or a guard attempting to arm himself with covering the hostage with his body, Chief Senior Chief Byers is the first living active an AK–47 that lay in the corner. Chief Byers Byers immobilized another guard with his duty enlisted member of the U.S. Navy to re- tackled the unknown male and seized control bare hands, and restrained the guard until a ceive the Medal of Honor since Petty Officer of him. While in hand-to-hand combat, Chief teammate could eliminate him. His bold and Michael Thornton (also a SEAL) was award- Byers maintained control of the unknown decisive actions under fire saved the lives of ed the Medal of Honor by President Richard male with one hand, while adjusting the the hostage and several of his teammates. By Nixon on Oct., 15 1973. focus of his night vision goggles (NVGs) with his undaunted courage, intrepid fighting This is the 14th Medal of Honor awarded his other. Once his NVGs were focused, he spirit, and unwavering devotion to duty in for actions in Afghanistan. Including Senior recognized that the male was not the hos- the face of near certain death, Chief Petty Chief Byers, 11 of those 14 awards were to liv- tage and engaged the struggling armed Officer Byers reflected great credit upon ing recipients. Four Medals of Honor were guard. himself and upheld the highest traditions of awarded posthumously for actions in Iraq. By now other team members had entered the United States Naval Service. the room and were calling to Dr. Joseph to f identify himself. Chief Byers heard an un- BIOGRAPHY known voice speak English from his right SENIOR CHIEF SPECIAL WARFARE OPERATOR CLOSING GUANTANAMO BAY (SEAL) EDWARD C. BYERS JR. side. He immediately leaped across the room (Mr. POE of Texas asked and was and selflessly flung his body on top of the Senior Chief Edward C. Byers Jr. was born American hostage, shielding him from the in Toledo, Ohio in 1979. He grew up in Grand given permission to address the House continued rounds being fired across the Rapids, Ohio. In 1997, he graduated from Ot- for 1 minute and to revise and extend room. Almost simultaneously, Chief Byers sego High School where he played varsity his remarks.) identified an additional enemy fighter di- soccer. Byers joined the Navy in September Mr. POE of Texas. Mr. Speaker, the rectly behind Dr. Joseph. While covering the 1998, and subsequently attended Recruit cold-blooded, calculating terrorists sit- hostage with his body, Chief Byers was able Training and Corpsman ‘‘A’’ School in Great ting in Guantanamo murdered and plan to pin the enemy combatant to the wall with Lakes, Illinois. to continue killing Americans. his hand around the enemy’s throat. Unable Byers started his naval career as a Hos- to fire any effective rounds into the enemy, pital Corpsman. In 1998, he was assigned to Since President Obama took office, Chief Byers was able to restrain the combat- Great Lakes Naval Hospital. In 1999, he he has released 150 terrorists back to ant enough to enable his teammate to fire served with 2nd Battalion, 2nd Marines in their home countries. In fact, Spanish precision shots, eliminating the final threat Camp Lejeune, North Carolina, where he de- and Moroccan police just arrested four within the room. ployed with the 26th Marine Expeditionary suspected members of a jihadi cell who Chief Byers quickly talked to Dr. Joseph, Unit aboard USS AUSTIN (LPD 4). During recruited fighters for the Islamic confirming that he was able to move. He and deployment he earned his Enlisted Surface his Team Leader stood Dr. Joseph up, calmed State. One is described as a former Warfare Specialist (ESWS) badge and Fleet Gitmo detainee who formerly fought him, and let him know he was safe with Marine Force (FMF) warfare device. American Forces. Once Dr. Joseph was In 2002, Byers attended Basic Underwater with militants against Americans in moved to the helicopter-landing zone, Chief Demolition SEAL (BUD/S) training and grad- Afghanistan. Byers, a certified paramedic and 18D medic, uated with Class 242. After graduation, he at- The 91 high-security prisoners re- assisted with the rendering of medical aid to tended the Special Operations Combat Medic maining at Guantanamo committed the urgent surgical assaulter. Chief Byers (SOCM) course. SOCS Byers has been as- some of the most repulsive crimes and others performed CPR during the 40- signed to East Coast SEAL Teams. He was minute flight to Bagram Airfield where his known to all of us. promoted to the rank of Senior Chief Petty Severely lacking in detail, the plan teammate was declared deceased. Officer in January of 2016. Chief Petty Officer Byers displayed supe- Byers has deployed overseas 11 times with to close Gitmo fails to describe where, rior gallantry, extraordinary heroism at nine combat tours. His personal decorations under what authority, and at what cost grave personal risk, dedication to his team- include the Bronze Star with Valor (five the relocation of these terrorists will mates, and calm tactical leadership while awards), the Purple Heart (two awards), the be. liberating Dr. Dilip Joseph from captivity. Joint Service Commendation Medal with He is unquestionably deserving of the Medal Mr. Speaker, it is against the law to Valor, the Navy Commendation Medal (three of Honor. transfer terrorist detainees to Amer- awards, one with Valor), the Combat Action OFFICIAL CITATION ican soil without congressional ap- ribbon (two awards), and the Good Conduct proval. CHIEF SPECIAL WARFARE OPERATOR (SEA, AIR, Medal (five awards). AND LAND) EDWARD C. BYERS, JR. UNITED Byers holds a National Paramedics Li- The United States should do every- STATES NAVY cense, and has studied Strategic Studies and thing it can to keep terrorists out of For service as set forth in the following ci- Defense Analysis at Norwich University. our country, not purposely bring them tation: Byers is married and has a daughter. here.

VerDate Sep 11 2014 03:36 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.025 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1108 CONGRESSIONAL RECORD — HOUSE March 2, 2016 Closing Gitmo endangers our U.S. na- nounced policy of January 6, 2015, the general. He was the guy. He moved his tional security, and it is a bad idea. gentleman from Texas (Mr. POE) is rec- army from into these And that is just the way it is. ognized for 60 minutes as the designee areas of revolution, areas where people f of the majority leader. were fighting against the government, Mr. POE of Texas. Mr. Speaker, the republic, or the dictatorship of b 1745 today is March 2, 2016. 180 years ago, on Santa Anna. He had squelched, really, SUPREME COURT OF THE UNITED March 2, 1836, in a little place called all of these revolutionary movements; STATES NOMINATION PROCESS Washington-on-the-Brazos down in although, portions of these areas did (Mr. ROTHFUS asked and was given Texas, people of what is now Texas de- declare independence and appeared to permission to address the House for 1 clared their independence from the na- have independence for a period of time. minute and to revise and extend his re- tion of Mexico—March 2, 1836. Tonight So that brings us to 1835, several marks.) I am here to talk a little bit about months before Texas declared inde- Mr. ROTHFUS. Mr. Speaker, when those folks 180 years ago and the cause pendence. Here is what started the our Founders wrote the Constitution, and the result of the Texas War of Texas War of Independence: they had the wisdom to create a sys- Independence against Mexico. While all of these other movements— tem of checks and balances among the We have to back up a little bit. For some were going on, some would go on three branches of government. They a long time, almost 300 years, what is a few months later. But during this pe- knew this would limit power, protect now Texas was controlled by the Span- riod, there was insurrection in north- against abuses, and promote liberty. ish. They claimed the land in Texas. It ern Mexico because people were trying Under our Constitution, the Presi- was sparsely populated: some Indian to seek independence. It started on Oc- dent has the right to nominate Jus- tribes, but not very many folks. At tober 2, 1835, at Gonzales, Texas, a tices to the Supreme Court, but one some point, Spain also controlled what small little community in Gonzales, House of the Congress, the Senate, has is now Mexico. Texas. the coequal right to consent to such an Mexico, the nation of Mexico, chose Remember, Texas is a part of Mexico appointment. One branch has a power, to declare independence from that Eu- at this time. The Mexican Government, another has a check. ropean country of Spain and went to when it was a free government, had en- Today, with a vacancy on the Su- war with Spain to secure their inde- couraged immigration into this part of preme Court, we have a chance to see pendence back in 1820. That revolu- Texas—not just from the United this system of checks and balances in tion—they called it the War of Inde- States, but from Mexico and from Eu- action. In deciding whether to consent pendence—was successful. Mexico set ropean countries. to an appointment to the Supreme up an independent nation, a democ- But this town of Gonzales, Texas, was Court, the Senate should assess wheth- racy. They formed a government and a in possession of a cannon. The cannon er the President has been acting con- constitution very similar to the United was to protect themselves from the sistent with the Constitution. States. Texas was a part of Mexico at people who lived in the area that were The chart to my left highlights just a that time and was part of a state called hostiles, as they were called in those few of President Obama’s unconstitu- Coahuila. It was the Coahuila de Texas, days. Native Americans are who they tional actions since he was reelected in two areas of northern Mexico that were were. And that cannon was for that 2012. These actions have been frequent, one state in Mexico. purpose. repeated, and grave. These actions Things were fine until Mexico elected The Mexican Government said: We have poisoned the well of deliberation a President by the name of Santa want the cannon back. You cannot for any appointment by this President. Anna. When he became President of have the cannon in Gonzales, Texas. In that light, why wouldn’t the Sen- Mexico, this particular President abol- We don’t want you having it. ate withhold consent? It is a game the ished the democracy, abolished the The Mexican Government made the President chose to play, and with- constitution of 1824 that set up the demand on October 2 to the folks in holding consent to his appointment is Government of Mexico, and declared Gonzales, Texas: Return the cannon to an appropriate consequence. himself the dictator of Mexico. In fact, the Mexican military. The people, the settlers of Gonzales, f he destroyed the Republic of Mexico, the democracy of Mexico, and put him- said: No. We are not going to do it. We GUANTANAMO BAY self as dictator-in-charge. are not giving you back the cannon. We (Mr. LAMALFA asked and was given Throughout the history of the world, need it. permission to address the House for 1 we know of a lot of dictators, but they So they resisted. They even made a minute and to revise and extend his re- all seem to have one thing in common: flag. They called it the Come and Take marks.) they take away the rights—the civil It flag. You may have seen that re- Mr. LAMALFA. Mr. Speaker, once rights—of the people. cently. It is still popular with a lot of again, Congress acted to stop the Some people in Mexico didn’t like folks. It was a flag that said, ‘‘Come transfer of GTMO detainees to the this, and therefore they started their and take it,’’ with a cannon on it. They United States. Guantanamo Bay is a own secession movement, their own hoisted this, and they had a skirmish much better venue to hold these known revolution, their own independence. with the Mexican Army, who came to terrorists than to have them on Amer- Now, most Americans know that Texas take the cannon. Shots were fired on ican soil. Yet the President wants to was one of those areas in Mexico that both sides, multiple shots. Apparently, defy Congress and the American peo- declared its independence from Mexico, most of the people shooting weren’t ple, who desire not to have this happen, and that independence, that revolu- great marksmen. A couple of Mexican and bring them onto American soil. tion, was successful. But there were soldiers were wounded, and they re- It endangers our courts, our system other areas of northern Mexico—and treated without the cannon. But that of government, and our people by here on this map I have some of those event started the actual shooting war bringing them here or even ultimately areas—that also declared their inde- in the War of Independence. releasing them. We need to have the pendence for the reason they wanted to Months before that, there had been President, if he tries this and loses in be free. They wanted independence complaints. There had been letters court, once again, take a lesson in the from the dictatorship. written to the Mexican Government. final 10 months of his term that he There was the Republic of the Yuca- Stephen F. Austin, the Father of needs to uphold the law that we passed tan, there was the Republic Coahuila, Texas, had been imprisoned in Mexico and that he signed. and there were three or four other re- City trying to get some civil rights for f publics, and the Republic of the Rio people who lived in what is now Texas. Grande. Several areas of population in But it all came to a head at this event THE TEXAS WAR OF Mexico declared their independence. in October of 1835. INDEPENDENCE AGAINST MEXICO So what happened? Santa Anna not It is interesting what started the The SPEAKER pro tempore (Mr. only was the dictator, but he was the Texas War of Independence, the shoot- ALLEN). Under the Speaker’s an- commander in chief, and he was the ing war, is very similar to what started

VerDate Sep 11 2014 03:36 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.039 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE March 2, 2016 CONGRESSIONAL RECORD — HOUSE H1109 the shooting war between the colonists Alamo, who is really my most favorite Finally, on March 6, after 13 days, and Great Britain. You remember the person in all of history. He was a 27- Santa Anna and his superior army British were in Boston. We have all year-old lawyer from South Carolina stormed the Alamo. All 187 Texans heard about the march through Lex- by way of Alabama. He had come to were killed. If any surrendered, they ington and Concord. Texas to settle in the 1830s, and his were executed. The purpose the British Army name was William Barret Travis. He The Mexican casualties, according to marched through Lexington and Con- was placed in command of the Alamo, Santa Anna, were about 1,000 casual- cord in the 1770s was to take the fire- of all 180, 187 of the folks that were ties on the Mexican side. The Tejanos arms, the weapons, away from the colo- there. While he was in the Alamo—he that were in the Alamo, all 11, were nists, out of the armories in Lexington entered on February 23—he realized also killed in the attack. and Concord. Of course, the colonists that the enemy was going to be a supe- Travis made the comment in a later refused. They fired back, and it started rior force. letter that was sent out of the Alamo the shooting war with the British Em- before this March 6 attack that defeat b 1800 pire, later a successful War of Inde- will cost the enemy more than victory. pendence. In the cold, damp Alamo, a blue It turns out he was right. It is interesting that both of them norther, as we called it in those days, Anyway, the Alamo fell. The flag started when government showed up to had come. It was cold. The Alamo is that flew over the Alamo—I don’t know take the weapons, the firearms, of the near San Antonio, Texas. He wrote a if you can see it, Mr. Speaker—was not people who lived in that area. letter asking for help. I have a copy of the Lone Star flag. A lot of people The shooting war started, and, quite his letter on my wall in my office. think it was the Lone Star flag, which frankly, it was successful up until Here is what it said. To me, it is one is our Texas State flag. about this time in 1836. An army of of the most passionate letters ever It is the flag of Mexico with the Texans had entered a place called the written about freedom. It is dated Feb- Mexican eagle removed from the flag. Alamo in February of 1836—February ruary 24, 1836, in Bexar. And the date of 1824 was placed on that 23, 1836—because of the approaching To the People of Texas and All Patriots flag. Most historians think that was army of Santa Anna that was coming and Fellow Citizens. I am besieged by a thou- the flag that flew over the Alamo. sand or more of the enemy under Santa north into Texas—Tejas, as it was What is the significance of this? 1824 Anna. The enemy is receiving reinforce- was the year that the constitution was called. ments daily and will no doubt increase to The men that assembled at the written for the Republic of Mexico. The 3,000 or 4,000 in 4 or 5 days. The enemy has defenders of the Alamo wanted a con- Alamo to try to stop the invading demanded surrender at its discretion. Other- army coming in were an interesting wise, the fort will be put to the sword. I have stitutional government. That is why they flew this flag, the bunch. There were 100 to 187 of them. answered that demand with a cannon shot, 1824 constitution flag, to let the world They came from almost all of the then- and the flag still waves proudly over the know that is why they were defending States of the United States. They came wall. I ask that you come to my aid with all dispatch. If this call is neglected, I am deter- the concept of liberty, freedom, and a from several foreign countries, includ- mined to sustain myself as long as possible constitutional government as opposed ing Great Britain, Scotland, Ireland, and die like a soldier who never forgets what to a dictatorship. France, Germany, and Austria. Many is due his own honor and his country—vic- But the Alamo fell. Santa Anna then of them were from what we call Mex- tory or death. William Barret Travis, Com- started moving northeast through ico, and they had come into the Alamo. mander. Texas. The Alamo is in San Antonio, An interesting name that is unique That is a portion of the letter that he Bexar County. It was just called Bexar to Texas history is that Texans of wrote that he sent out throughout the in those days. Spanish Mexican descent were called area of Texas asking for help. The cou- Meanwhile, an individual by the Tejanos, a unique name for Texans, rier was Jim Bonham, another South name of Sam Houston, who was the Tejanos of Spanish Mexican or His- Carolinian that had come to Texas. He commander of all Texas armies, the panic descent. There were eleven of was William Barret Travis’ boyhood few that there were, had been pre- them at the Alamo. friend. He would take this letter to dif- paring an army while the men in the The 180 to 187 were from all walks of ferent areas of Texas asking for help. Alamo were at the Alamo. life. I told you they were from all dif- Only one group of folks answered He was assembling more volunteers— ferent countries. They were not only that letter, and it was the men in everybody was a volunteer—not only Anglos and Tejanos, but there were two Gonzales, Texas, where this all started. from Texas, but other Tejanos. Other African Americans, two Blacks, at the They decided that they would leave folks from other States formed an Alamo, we understand. They were law- Gonzales, which is near San Antonio, army to defeat or to take on Santa yers; they were frontiersmen; they march to the Alamo and help defend Anna. were shopkeepers; they were young, the Alamo. There were 32 of them. Santa Anna had actually split his and they were old. When they arrived at the Alamo— army into three different columns. He There was even a United States Con- some historians have said as they was moving his three columns up gressman at the Alamo. His name was walked into the Alamo—Travis said through northeast Texas from Mexico. David Crockett. He was a former Con- they came here to die. That brought Sam Houston and his army weren’t gressman from the State of Tennessee. the total up to about 180 to 187. ready; so, he didn’t attack Santa Anna. He had gone to Texas to help in the If you will, Mr. Speaker, think about In fact, he moved east. It is called the revolution and also to see the fortunes what those 32 men left behind. This is Runaway Scrape. that he could make as an individual. a rough area of the world in Texas, just Not only was the army moving east There were a lot of reasons why peo- the weather. But the people they left away from Santa Anna’s invaders, but ple came to Texas, but 180 to 187 of behind were their wives and their kids the people who lived there were leav- them were in the Alamo to defend and because the men had gone to defend the ing, too, because they were afraid of to protect that concept of freedom. Alamo. the Mexican Army. This is a painting of what the Alamo After the Alamo fell and all of those They were afraid of Santa Anna, is looked like at the time those men were men were killed, it was then left up to who they were afraid of. So you have in the Alamo. those wives and children to make an the army, you have the settlers, and So they entered the Alamo—let’s get existence in frontier Texas. They, in you have everybody moving northeast, the sequence of events correct—Feb- their own right, were amazing people called the Runaway Scrape. ruary 23. They are in the Alamo on that went ahead and forged an exist- Sam Houston continued to move. He March 2 when Texas declared independ- ence after Texas independence was de- would not engage the Mexican Army. ence. They were in the Alamo for 13 clared. In fact, some Texas folks—politicians— days. The final battle at the Alamo was So they are in the Alamo. On March were irritated with Sam Houston be- on March 6, 1836. 2, Texas declares independence. Prob- cause he wouldn’t go to battle. While they were in the Alamo, they ably the men in the Alamo never knew They kept moving east. They went were led by the commander of the that Texas declared independence. through San Antonio, what is now

VerDate Sep 11 2014 05:31 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.041 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1110 CONGRESSIONAL RECORD — HOUSE March 2, 2016 Interstate 10 between San Antonio and some say historically—modern revi- of all races, of all nationalities, from Houston. They went right through that sionists—that this isn’t exactly true, all States. area, right through what is now Hous- but I believe it because I want to be- They fought in a war against another ton. The Mexican Army is following lieve it. nation, a dictator, for the same reason him. Santa Anna is following him. Santa Anna was preoccupied with an that the 13 colonies fought for inde- They go to a place called Harrisburg, individual that was loyal to the Repub- pendence against Great Britain: for which is just east of Houston, on the lic of Texas, an individual that we freedom and for liberty. marshes of the San Jacinto River, a fondly call the Yellow Rose of Texas b 1815 marshy area, to a peninsula, and Sam now. Therefore, he wasn’t prepared to Houston stopped on April 20, 1836. go into battle when the Texans were There is an independent streak that Santa Anna continued to march and coming down this small hill. runs through all Texans. It is a state of came on the peninsula. Both armies are In any event, they were caught by mind for Texas. on the peninsula. On April 21, here is surprise. This battle lasted 18 minutes. Mr. Speaker, how much time re- what happened. Eleven Texans were killed, 600 of the mains? As you know, Mr. Speaker, most bat- enemy were killed, and the rest were The SPEAKER pro tempore. The gen- tles throughout history, no matter captured. In fact, more were captured tleman has 34 minutes remaining. where they are, no matter who they later than in the Texas Army. Mr. POE of Texas. Mr. Speaker, we are—the Greeks, the Romans, every- The battle lasted 18 minutes. Mili- are of an independent mind, of an inde- body—start at sunup or right before tary historians studied this battle be- pendent philosophy. March 2 is an im- sunup. But that didn’t happen on April cause of its decisiveness. So General portant day for us because our ances- 21, 1836. Houston led one battle. It was success- tors and people we don’t even know The Texans went to battle in the ful. Santa Anna was captured. about decided that it was worth their middle of the afternoon. They weren’t Texas claims independence from lives to fight against tyranny—against going to wait until the next day. The Mexico—that was April 21, 1836—and a totalitarian government run by a dic- soldiers were ready to do battle. Sam goes ahead and forms a government, tator. They were volunteers. They were Houston really had no choice but to forms a republic and, in September of normal people who just had that flame lead them into battle. And so he did. the same year, elects a president and a of liberty in their souls, and they re- In the middle of the afternoon, just vice president. fused to have it taken away from them. one column—there were only a handful From October of 1835 to September of So we remember those folks who cre- of them, more than at the Alamo—a 1836 was the War of Independence. Dec- ated Texas, who fought for independ- single column, single file, was led by an laration of independence was on March ence for Texas, those men at the individual playing a flute, another per- 2. April 21 the battle was successful. Alamo—William Barret Travis, Davy son carrying the flag, and a third indi- Texas is a free and independent coun- Crockett, Jim Bowie, Jim Bonham, and vidual beating the drums. try and remains so for 9 years. 187 more individuals. The youngest was The flutist didn’t know any songs. So The battle cry at the Battle of San 15, Tapley Holland from Ohio. The old- he played an old—we would call it a Jacinto, as you have heard in history, est was 68—who fought and died for house of ill repute song, ‘‘Come to the was ‘‘Remember the Alamo.’’ ‘‘Remem- that liberty. Bower.’’ I don’t know the lyrics of it, ber Goliad.’’ That was another place When Texas became part of the Mr. Speaker, but you can look it up. where Texans were massacred that United States, it had great depth be- He played on his flute ‘‘Come to the fought Santa Anna’s army. cause of the War of Independence. Part Bower,’’ which was the song they This is what Texas looked like when of the deal for Texas to be admitted to marched into battle with, carrying a Texas declared independence from Mex- the Union, even by one vote, was this flag of Lady Liberty, a semi-clothed in- ico. Maybe you can see it, Mr. Speaker. land that I mentioned to you that was dividual on the flag. Then you had the I don’t know. all sold to the Federal Government, to drummer. You see what is now Texas over here, the Union, to pay off the debts of the Then you had all of these really but you see a lot of other land. You see Republic of Texas. Thus, as we know scary-looking folks going into battle, , part of Kansas, part of New now, Texas looks like this. All of these the Texas Army. Most of them didn’t Mexico, part of . It even goes other areas became other States that have any kind of uniforms. They up to part of Idaho, almost to the Ca- were later admitted to the United dressed like frontiersmen. They had a nadian border. All of this area here, States. shotgun, a long rifle, a tomahawk, Texas claimed all of—that is the Re- When there was the agreement be- knives, well-armed individuals. public of Texas—and claimed it for 9 tween Texas and the United States to Also with them was Juan Seguin. years. join the Union, it was agreed—and it is Juan Seguin was a captain in the Texas Texas periodically would try to join still possible—that Texas may divide Army. He was a Tejano. He led this the United States as the 28th State. now the State of Texas into five dif- cavalry of Tejanos to protect one of the Two times Texas tried to join the ferent States. Now, that is not going to flanks when the Texans were marching Union, and two times Congress rejected happen, because nobody is going to be down. He, like the rest of the Texas Texas’ approval into the Union. able to agree on what should be called Army, did not have uniforms. They On the third time, rather than have a ‘‘Texas’’; but we can divide into five wore their normal clothes. treaty with Texas—because Texas was States, and that is the decision of the Sam Houston wanted to make sure an independent country—a joint reso- people who live in Texas. that the Texans and the foot soldiers lution was filed. One of the other provisions of the didn’t mix up the Mexican Army with It passed the House of Representa- joint resolution was that Texas may the Tejanos that were in the cavalry. tives and it passed the Senate, because fly its flag, the Lone Star Flag—the So he had all of the Tejanos put a you didn’t need two-thirds vote then. flag of the one star, the Lone Star, the playing card in their sombrero. In We still have those discussions today, Lone Republic—even with the Amer- those days, apparently, the cards don’t we? A joint resolution. ican flag. When you go to Texas, you weren’t small like they are today. By one vote, Texas was admitted to will see a lot of American flags, and They were big. the Union in 1845 and, in 1846, actually you will see a lot of Texas flags, but They stuck this 4x6 card—or some- came into the United States as the 28th most of the Texas flags are flying level thing like that—in their hats, their State. with the American flag. They can do sombreros, so that everybody would It was a republic once. A lot of people that by law. Texas does that because of know that they were on the side of lib- in Texas still think we are a republic, its agreement and admission into the erty, not part of the Mexican Army, a and we seem to act like it sometimes. Union. unique part of Texas history. But we have a unique history. Our country has a great history, Mr. So, in the middle of the day, what The history of Texas, why I like it so Speaker, with 50 States, with all of our had happened was Santa Anna was tak- much, is because everybody wanted to territories. Our history is unique. No ing a nap. It was siesta time. Now, live in Texas, wanted to come to Texas, place on Earth is like the United

VerDate Sep 11 2014 03:36 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.043 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE March 2, 2016 CONGRESSIONAL RECORD — HOUSE H1111 States. It is because of our history, be- the past 60 years. Still, there are many, ment—a cause I have fought for my en- cause of the diversity of the peoples many milestones that women have yet tire time in Congress. and cultures in this country. The diver- to reach. March is Women’s History Month, sity of Texas, the diversity of the Even with the most women Congress and we have many accomplishments to United States is what gives it strength. has ever seen, this body, supposedly celebrate and to be proud of, but we It is not a weakness. It is a strength. elected to both represent and reflect must remain focused on the continued It is, I think, quite important that the United States, is still overwhelm- struggle for full equality for women. we as Members of the House of Rep- ingly 80 percent male, in fact. Women Without the ERA, this goal will not be resentatives, who represent the 50 still make 78 cents for every dollar a fully realized, and half of Americans States of the United States, make sure man earns, particularly troubling when will not realize their full potential. All that we talk about our history—how you think about the 40 percent of of us, men and women, stand to benefit we are a unique Nation among peoples, women I just mentioned who are sup- from true gender equality. how we have always been a unique Na- porting their families. Black women Consider, for instance, some laws tion among peoples—and preserve what make even less at 64 cents on the dollar that are being proposed across the Na- those folks at the Alamo fought for and while Latina women make just 66 cents tion that have disparate negative im- what our folks fought for in the Colo- on the dollar. If this week is any indi- pacts on women: nies in wars since then, which are free- cator, there are still great numbers of In Illinois, a bill sponsored by men is dom and liberty. Those are not trite people, primarily men, who feel we are pending that would deny a birth cer- words. They are core words. The con- incapable of making our own decisions tificate to a newborn of a single moth- cept of liberty lives in every person about our health care. er unless a father is listed on the birth ever born in history. Most people never We have got a long way to go, Mr. certificate. This would make it impos- see it. Most people in the world today Speaker. Part of the reason we can’t sible for a single mother to enroll her aren’t free, but there are a few, and get all the way there is that we have child in a public school, for her child to those few—some of those few—are in not passed the Equal Rights Amend- obtain a driver’s license, or for her to what we call the United States of ment. We have been avoiding ensuring collect child support and other benefits America. protection for women in the Constitu- for the child. The law is silent on sin- I thank all of those Texans back in tion for almost 100 years. Quite frank- gle fathers. Texas for honoring Texas Independence ly, there is only so much we can do In Kentucky, the State senate has Day, March 2, 1836. Especially, we until we offer that basic level of pro- passed a bill sponsored by a man that should always honor those people who tection. would force all women who are seeking lived in our history who gave their Mr. Speaker, the ERA was first draft- to terminate pregnancies to undergo lives for the rest of us, because they ed and introduced in the 1920s. It fi- ultrasounds, whether they want to or were good folk. nally passed in 1972 and was sent to the not, and to have doctors describe the And that is just the way it is. States for ratification, where it re- images to them. While we cannot know Mr. Speaker, I yield back the balance ceived 35 of the 38 approvals that it for sure how an ERA would affect the of my time. needed. Unfortunately, time ran out. outcome of future Supreme Court f One of the reasons we have yet to solve cases, we have seen that its absence some of the greatest challenges facing leaves women vulnerable to discrimi- WOMEN’S HISTORY MONTH our Nation’s women is the lack of true nation without their having legal re- The SPEAKER pro tempore (Mr. protection in the Constitution. course. DONOVAN). Under the Speaker’s an- What better way to ensure the right These legislative efforts to roll back nounced policy of January 6, 2015, the to fair pay for women? What better hard-won progress and to curtail rights gentlewoman from New Jersey (Mrs. way to ensure equal treatment in the are directed squarely at women. You WATSON COLEMAN) is recognized for 60 workplace? What better way to protect will not find equivalent examples of minutes as the designee of the minor- against laws that inherently limit bills that roll back or constrain the ity leader. women? What better way to protect all rights of men—and men only. Unfortu- GENERAL LEAVE of the progress we have made and to nately, that noble and empowering dec- Mrs. WATSON COLEMAN. Mr. ensure that women can continue to laration in our founding document that Speaker, I ask unanimous consent that excel? ‘‘all men are created equal’’ left some all Members have 5 legislative days to The would of us out. In fact, it leaves about half revise and extend their remarks and to provide the foundation for legislation the population of America out. include extraneous material on the that protects women from discrimina- Many people are actually surprised subject of this Special Order. tion at every level—legislation that is when they realize that the United The SPEAKER pro tempore. Is there more necessary now than it has ever States Constitution does not mention objection to the request of the gentle- been with more and more women lead- women. That omission has, unfortu- woman from New Jersey? ing at home and in the workplace. nately, become a glaring problem when There was no objection. We will spend a lot of time in the it comes to achieving full equality— Mrs. WATSON COLEMAN. Mr. coming weeks talking about what we and not just a problem for women but Speaker, this week, we open Women’s need to do for women—from the pas- for families as well—for everyone. For History Month—an opportunity for us sage of the Fair Pay Act to ensuring instance, when women make less than to celebrate the progress women have paid leave for women and men. Yet men just because they are women, it is made and the amazing contributions there is one thing that we should have an issue that affects their entire fami- that we are responsible for. done long ago, and my colleagues are lies. We have more women in Congress here tonight, on the floor with me, to We saw that in the case of Lilly now than ever before. Women are now call for action where we have failed be- Ledbetter. The Supreme Court found the leading breadwinners or are the fore. that she had been paid less for doing only breadwinners in 40 percent of It is now my pleasure to yield to the the very same job as her male counter- households. We have more women who gentlewoman from New York (Mrs. parts. This not only meant that, for lead major companies and who are in CAROLYN B. MALONEY), the primary years, she made less money than her prominent positions, like on the Su- sponsor of the ERA bill. male colleagues in order to support her preme Court. Women today are more Mrs. CAROLYN B. MALONEY of New family and to provide for her children likely to earn college degrees and to York. I thank the gentlewoman for throughout her working life, but it attend graduate school than are their yielding. meant that she would also spend her male counterparts, and more women Mr. Speaker, I thank my friend, Rep- entire retirement being less financially are entering traditionally male-domi- resentative BONNIE WATSON COLEMAN, secure. nated fields. That progress has been in- and the Congressional Progressive Cau- Such unfair and unequal treatment credibly swift. We are talking about cus for dedicating this time to talk should certainly be prohibited under gains that have really only happened in about passing the Equal Rights Amend- our Constitution. Yet the late Supreme

VerDate Sep 11 2014 03:36 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.045 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1112 CONGRESSIONAL RECORD — HOUSE March 2, 2016 Court Justice Antonin Scalia famously prohibitions against sex discrimination It is time to stop making excuses. told an interviewer for the California in the workplace or schools. The ERA Women and like-minded men have to Lawyer Magazine that he believed that would stop bias in wages, benefits, hir- demand that Congress and State gov- the Constitution does not outlaw this ing practices, and other conditions of ernments get this done. Equal means kind of discrimination because, in his employment. equal. view, the 14th Amendment does not If America wants to be a world leader I thank the gentlewoman for yield- apply to women. in the promotion of human rights, it ing, and I thank her from the bottom The 14th Amendment reads that no needs to lead by example on women’s of my heart for really organizing this State shall ‘‘deny to any person . . . rights. Sadly, in this area, America is important Special Order. the equal protection of the laws.’’ exceptional only in a bad way. Mrs. WATSON COLEMAN. Mr. To most people, that would seem to The U.S. stands out as one of the few Speaker, I thank the gentlewoman for be pretty simple and straightforward; nations that does not even address gen- being with us this evening. but Justice Scalia argued that the der equality in its Constitution. As the I yield to the gentlewoman from word ‘‘person’’ should not apply to world’s leading democracy, we are fall- Florida (Ms. GRAHAM). women. In his view, when it was writ- ing behind on women’s equality. At a Ms. GRAHAM. Mr. Speaker, first I ten, it was only meant to apply to the time when we seek to champion democ- want to thank Congresswoman WATSON recently emancipated slaves. racy around the world, we must guar- COLEMAN for holding this special ses- The problem here is that there is am- antee equality here at home. It is time sion and bringing attention to the biguity about whether or not gender for the United States to secure equal Equal Rights Amendment. discrimination is explicitly prohibited rights for women across our Nation by When I was born in 1963, we lived in by the Constitution. The only solution ratifying the ERA. a different world. It was legal to openly to this challenge is to plainly include Progress can all too easily be rolled discriminate against hiring women; it women in the Constitution. So between back. Laws can be repealed, and judi- was legal to discriminate against the State and congressional legislators cial attitudes can shift, turning women women in lending and credit; it was who believe it is permissible to roll into second class citizens. It seems like legal to pay women substantially less I spend a majority of my time here in back hard-won rights and to pass legis- than men; and it was legal to fire a Congress just fighting to hold on to lation that unfairly and unequally bur- woman just for becoming pregnant. what we already have, trying to keep it dens women—and the idiosyncratic Fortunately, when I was born, things from being rolled back. An ERA would views of Supreme Court Justices who were beginning to change. Women were protect the progress made on women’s declare women are not people—it is es- fighting for and gaining greater equal- rights from any shifting political sential to pass the Equal Rights ity. trends. Amendment in a brief amendment that Today, women are better protected Women are still not receiving equal from those forms of discrimination. We simply reads: pay for equal work. According to the have made great strides, but we ‘‘Women shall have equal rights in U.S. Census Bureau, women still earn haven’t yet been able to recognize our the United States and every place sub- 78 cents for every dollar earned by a equality in the Constitution. There is ject to its jurisdiction. Equality of man, and this has contributed to older nothing more sacred, nothing more im- rights under the law shall not be de- women being the largest segment of portant to America than our Constitu- nied or abridged by the United States poverty in our great Nation. Because tion. or by any State on account of sex.’’ when you are paid less, your pension is I support the Equal Rights Amend- less, your 401(k) is less, your Social Se- b 1830 ment because I grew up in a changing curity is less, and that happens to have Let’s put women in the Constitution world, but I want my daughter and the at long last. profound effects on women. Just this past week there was an ar- next generation to grow up in a Research shows that 75 to 90 percent ticle in The Wall Street Journal that changed world. I want my daughter to of Americans mistakenly believe that talked about the largest group of peo- live in a country where her and every the ERA has already passed and that ple that are growing in the workforce woman’s equality of rights under the men and women are equal under the are older women, and this is because law shall not be denied or abridged by law. In 2012, a poll asked: Do you think they cannot afford to retire. They have the United States or by any State on the Constitution should guarantee to continue working because of the dis- account of sex. equal rights for men and women? And crimination in pay and because of hav- To illustrate why I believe we should 91 percent said yes, including 86 per- ing taken times when they weren’t in and still can ratify the Equal Rights cent of Republicans. the workforce to take care of a sick Amendment, I want to specifically The way things stand now, the Su- parent or to nurse and raise a child. speak about the history of the ERA in preme Court has ruled that the Con- Sex and pregnancy discrimination my home State of Florida. stitution provides strict guidelines persists in the workforce. Govern- Our House of Representatives voted against discrimination based on race mental programs, such as Social Secu- for ratification of the ERA three sepa- and national origin, but it is silent on rity, still unequally provide benefits to rate times—in 1972, 1975, and 1979—but issues of gender discrimination. men and women. our Senate remained more divided on When it comes to gender discrimina- An ERA would be a woman’s best de- the issue. tion, the Court has applied a lesser fense against harmful practices that Bill Cotterell, a columnist for the standard that makes it easier to get punish her simply because she is a Tallahassee Democrat, recently opined: away with discriminating against woman. We cannot keep fighting dis- It was still a very different world, where a women. Plain old common sense and crimination against women one battle Member of the legislature walked around your basic sense of fairness should tell at a time, constantly playing defense. with a toy pig under his arm, proudly pro- you that the same strict scrutiny, pro- Passing the ERA will put women on claiming himself a male chauvinist. tection against discrimination based equal footing in the legal system of all It was a different world, one still on race and national origin, should also 50 States, particularly in areas where changing, but I am proud to say there apply to discrimination based on sex. women have historically been treated were men who stood up for the women So the ERA would establish un- as second class citizens. of our State in the State senate. One of equivocally, once and for all, that We have 186 bipartisan cosponsors of them was my father, Bob Graham, who women are entitled to equal treatment H.J. Res. 52 in the House, which I bucked his own Democratic Party lead- under the law. Equal treatment means proudly introduced with Representa- ership to support the ERA, a move that equal treatment. Equal means equal tive CYNTHIA LUMMIS of —just helped earn him the title of a doghouse for all, women included. The ERA 32 shy of a majority. It reflects the Democrat. would, once and for all, provide clear, strength of the belief that women After repeated failures in the Senate, constitutional guidance on gender eq- should be included in the Constitution some thought the ERA was dead, but it uity issues. The ERA would lend the and guaranteed equal treatment under resurfaced in Florida in 1982. That sum- force of the Constitution to existing the law. mer, just a few weeks remaining before

VerDate Sep 11 2014 03:36 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.047 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE March 2, 2016 CONGRESSIONAL RECORD — HOUSE H1113 the ratification deadline, more than said about discrimination against discrimination, which clearly there 10,000 men and women marched on our women. He was a constitutional expert, was; she had to prove that it was inten- State capitol in support of the amend- an originalist, and he said the fol- tional discrimination by United Parcel ment. lowing: Service, and she couldn’t prove that. Hearing their call and supporting ‘‘Certainly the Constitution does not Now, in all the other forms of dis- their cause, my father, who had moved require discrimination on the basis of crimination, whether it is based on out of the doghouse into the Gov- sex. The only issue is whether it pro- race or religion, you only have to prove ernor’s mansion, called our legislature hibits it. It doesn’t.’’ that there was discrimination, not that into special session. For the fourth When I read that quotation by Jus- there was intentional acts of discrimi- time, the House voted in favor of the tice Scalia—may he rest in peace—I nation. So that is why it is so impor- amendment, but unfortunately the sen- had shivers up and down my spine be- tant that we get this in the Constitu- ate blocked ratification. That was 34 cause it was so direct. It was so clear. tion. years ago. It makes the point that the Constitu- We have a new generation of women And today I believe our State is bet- tion of this country does not prohibit who are more independent, more able ter than that. I believe, given another discrimination based on sex, even to support themselves, and more politi- chance to ratify the Equal Rights though the vast majority of Americans cally empowered than ever. I just read Amendment, Democrats and Repub- believe it is already in the Constitu- an article that shows single women are licans in Florida could be united to tion. now our most potent political force in support equality for women. Ninety-six percent of U.S. adults be- this country. Single women—whether I am proud to have grown up in a lieve that male and female citizens they are single never been married, sin- changing world, but it is time for our should have equal rights, and 72 per- gle divorced, single separated, single— daughters and the next generation of cent mistakenly believe it is already in are our most potent electoral force. women to grow up in a changed world. the Constitution. As Justice Scalia They deserve the right to full legal It is time to recognize their equality in pointed out, it is not. equality under our Constitution. How our Constitution. So what does that mean? can this body, of all bodies, not recog- I thank the Congresswoman for That means that every single woman nize the importance of equality among bringing attention to this issue and for in this country can be subject to dis- men and women? all that you do on behalf of women. crimination and not have a legal foot So I have introduced H.J. Res. 51. It Mrs. WATSON COLEMAN. Mr. to stand on. is very simple. Speaker, I yield to the gentlewoman Probably one of the most obvious The ERA was introduced first in 1923 from California (Ms. SPEIER), the spon- cases is the case of Peggy Young. by , and introduced every sor of legislation that would retro- Peggy Young worked for United Parcel Congress since then, and then it was actively lift the deadline for the ratifi- Service for 10 years. She was a good introduced and actually passed the cation of the ERA. worker, a hard worker. And then, lo House and passed the Senate. It then Ms. SPEIER. I thank the gentle- and behold, she gets pregnant. She gets had to be ratified by three-quarters of woman from New Jersey for bringing pregnant. She goes to her supervisor the States. Unfortunately, when that us together tonight to talk about one and she says: I am pregnant. was drafted, in the preamble they put a of the most fundamental issues facing He says: Okay. Go to your doctor and timeline. It was ratified by 35 States, women in this country. I would hope find out what accommodations you will but not 38. So it came back to Con- that we would do these Special Orders require. gress, and they amended the preamble on a monthly basis or maybe even and extended the length of time in b 1845 more frequently to kind of beat the which the ERA could be passed by drum about how important it is for us She went to her doctor, and her doc- other States. And then nothing hap- to address this issue. tor said: Well, you can do anything ex- pened. Today we see everything we need to cept you can’t lift more than 10 What this resolution does—and it see to convince us of the need to ratify pounds. would only require a majority of the the Equal Rights Amendment and put So she came back to her supervisor Members of this body to pass it—is ba- women’s equality into the Constitu- and said: I can do anything except I sically use the precedent and take the tion. We have a pay gap that has not can’t lift more than 10 pounds. preamble and the time deadline and closed where women are making 79 He said: Oh, my gosh, that is a ter- just strike it. cents for every dollar that men make. rible liability. There is no need for a deadline in a For African American women that is 63 For all intents and purposes, she was constitutional amendment. Most con- cents, and for Latina women it is 54 fired from her job. She was told she stitutional amendments have not been cents for every dollar earned by a man. will have to take a leave of absence, subject to a deadline. There is prece- In fact, women in this country have that she will not be paid, and that she dent that they were willing to change to work until April 15 of the following would not be eligible for health bene- it as it relates to the ERA, and I say year—tax day, ironically—to make as fits. So her entire pregnancy she had let’s make it yet another precedent and much money as their male counter- no prenatal care and no health insur- just take the timeline out of it. That parts. We can’t afford that. We can’t ance. would give us the opportunity to get afford that in a country that speaks of Now, what makes this story particu- three more States to pass the ERA, to equality. larly insidious is that during that same ratify it. Meanwhile, we have a Congress and timeframe, men at the United Parcel We already know in Virginia it has State legislators who are focused like a Service who had heart disease, heart been passed by the senate, and we are laser beam on attacking women’s attacks, had had a DUI, or had diabetes waiting for action in the house. As my health. We just spent 5 hours today in were asked to go to their doctors and good friend from Florida said, in Flor- a hearing of a special committee de- find out what accommodations they ida they could pass it, conceivably, signed specifically to attack women’s should propose. Some of them came now. health. Since the start of 2016—merely back with the exact same accommoda- So why not do what is fundamentally 2 months ago, and for the last 2 tion: that they could not lift more than right? Why not do what is so simple? months—there have been more than 201 10 pounds. Twenty-four simple words, that is all anti-choice bills introduced in State What did United Parcel Service do? the ERA is. It is on one page, and it is legislatures across this country, efforts United Parcel Service accommodated simply: ‘‘Equality of rights under the to undermine a woman’s right to them. That is profound discrimination. law shall not be denied or abridged by choose. But guess what. Peggy Young filed a the United States or by any State on We have a Supreme Court seat at lawsuit. It went all the way to the Su- account of sex.’’ stake and issues of gender equality preme Court, and it got remanded. It The time has come, Members, and I hanging in the balance. It is important got remanded in part because not only applaud my good colleague from New to quote what the late Justice Scalia did she have to prove that there was Jersey for bringing us together. We

VerDate Sep 11 2014 03:36 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.048 H02MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1114 CONGRESSIONAL RECORD — HOUSE March 2, 2016 should do it again. I enjoy working 4518. A letter from the Secretary, Depart- Security, transmitting the Department’s with you on any number of issues. ment of Defense, transmitting a letter on the final rule — Drawbridge Operation Regula- Mrs. WATSON COLEMAN. Mr. approved retirement of Lieutenant General tion; Acushnet River, New Bedford and Speaker, I want to thank the gentle- Bennet S. Sacolick, United States Army, and Fairhaven, MA [Docket No.: USCG-2016-0058] his advancement to the grade of lieutenant (RIN: 1625-AA09) received February 29, 2016, woman, and I want to say tonight that general on the retired list, pursuant to 10 pursuant to 5 U.S.C. 801(a)(1)(A); Added by we definitely will be coming back here U.S.C. 1370(c)(1); Public Law 96-513, Sec. 112 Public Law 104-121, Sec. 251; (110 Stat. 868); to again on a Special Order hour and ad- (as amended by Public Law 104-106, Sec. the Committee on Transportation and Infra- dressing this issue. We will just con- 502(b)); (110 Stat. 293); to the Committee on structure. tinue to do it until we can see some Armed Services. 4528. A letter from the Attorney-Advisor, movement. I thank you for that. 4519. A letter from the Chief Counsel, U.S. Coast Guard, Department of Homeland FEMA, Department of Homeland Security, Security, transmitting the Department’s in- Mr. Speaker, the women tonight, the transmitting the Department’s final rule — terim rule — Drawbridge Operation Regula- Members of the House, have spoken so Suspension of Community Eligibility; Mas- tion; Lake Pontchartrain, Slidell, LA [Dock- eloquently and so compellingly on this sachusetts: Boston, City of, Suffolk County; et No.: USCG-2015-0814] (RIN: 1625-AA09) re- issue and the urgency with which we [Docket ID: FEMA-2015-0001] [Internal Agen- ceived February 29, 2016, pursuant to 5 U.S.C. need to take this issue up. But the cy Docket No.: FEMA-8421] received Feb- 801(a)(1)(A); Added by Public Law 104-121, women of this Nation, they are very ruary 29, 2016, pursuant to 5 U.S.C. Sec. 251; (110 Stat. 868); to the Committee on strong and intelligent and capable citi- 801(a)(1)(A); Added by Public Law 104-121, Transportation and Infrastructure. 4529. A letter from the Attorney-Advisor, zens as well. Sec. 251; (110 Stat. 868); to the Committee on Financial Services. U.S. Coast Guard, Department of Homeland As our laws in our society have given 4520. A letter from the Under Secretary, Security, transmitting the Department’s women a turn at bat, we have stepped Acquisition, Technology, and Logistics, De- temporary final rule — Safety Zone; Closure up to the plate, and we have proven partment of Defense, transmitting the De- of Morro Bay Harbor Bar Entrance; Morro time and again that we can do what partment’s intent to sign a Project Agree- Bay, CA [Docket No.: USCG-2015-1083] (RIN: men do just as well as they do it, and ment Concerning Small Intelligent Un- 1625-AA00) received February 29, 2016, pursu- often even better. manned Aerial Systems with the Ministry of ant to 5 U.S.C. 801(a)(1)(A); Added by Public Defence of the Republic of India, Trans- Law 104-121, Sec. 251; (110 Stat. 868); to the Although expectations and stereo- mittal No.: 03-16, pursuant to 22 U.S.C. Committee on Transportation and Infra- types are changing, women are still 2767(f); Public Law 90-629, Sec. 27(f) (as structure. lacking in equal footing. Last year the amended by Public Law 113-276, Sec. 4530. A letter from the Attorney-Advisor, United States fell to 28th place in the 208(a)(4)); (128 Stat. 2993); to the Committee U.S. Coast Guard, Department of Homeland annual world equality rankings, behind on Foreign Affairs. Security, transmitting the Department’s even Rwanda and the Philippines. We 4521. A letter from the Principal Deputy temporary final rule — Safety Zone; New are one of only a few nations that fails Under Secretary, Policy, Department of De- Years Eve Firework Displays, Chicago River, fense, transmitting the Department’s Coop- Chicago, IL [Docket No.: USCG-2015-1074] to specifically affirm the legal equality erative Threat Reduction Program Annual (RIN: 1625-AA00) received February 29, 2016, of men and women in our governing Report to Congress for Fiscal Year 2016, pur- pursuant to 5 U.S.C. 801(a)(1)(A); Added by documents, a failure we would hold any suant to 50 U.S.C. 3715; 50 U.S.C. 3741 — 3743; Public Law 104-121, Sec. 251; (110 Stat. 868); to other nation accountable for. to the Committee on Foreign Affairs. the Committee on Transportation and Infra- The ERA is the biggest and most 4522. A letter from the Assistant Adminis- structure. basic step we can take to ensure equal- trator, Bureau for Legislative and Public Af- 4531. A letter from the Attorney-Advisor, ity for every woman. We need it, and fairs, United States Agency for International U.S. Coast Guard, Department of Homeland Development, transmitting the Agency’s for- Security, transmitting the Department’s in- we need it now. So let us work together mal response to the GAO report entitled, terim rule — Regulated Navigation Area; Re- to give women equal rights once and ‘‘Foreign Aid: USAID Has Taken Steps to porting Requirements for Barges Loaded for all. Safeguard Government-to-Government with Certain Dangerous Cargoes, Illinois Wa- Mr. Speaker, I yield back the balance Funding but Could Further Strengthen Ac- terway System located within the Ninth of my time. countability’’ (GAO-15-377), pursuant to 31 Coast Guard District; Expiration of Stay U.S.C. 720; to the Committee on Foreign Af- (Suspension) and Administrative Changes f fairs. [Docket No.: USCG-2013-0849] (RIN: 1625- BILLS PRESENTED TO THE 4523. A letter from the Chairman, Federal AA11) received February 29, 2016, pursuant to PRESIDENT Maritime Commission, transmitting the 5 U.S.C. 801(a)(1)(A); Added by Public Law Commission’s Annual Report to Congress on 104-121, Sec. 251; (110 Stat. 868); to the Com- Karen L. Haas, Clerk of the House, EEO Complaint Activity for Fiscal Year 2015, mittee on Transportation and Infrastruc- reported that on February 12, 2016, she pursuant to Public Law 107-174, 203(a); (116 ture. presented to the President of the Stat. 569); to the Committee on Oversight 4532. A letter from the Attorney-Advisor, United States, for his approval, the fol- and Government Reform. U.S. Coast Guard, Department of Homeland lowing bills: 4524. A letter from the Acting Director, Of- Security, transmitting the Department’s fice of Personnel Management, transmitting temporary final rule — Security Zone; H.R. 757. To improve the enforcement of the Office’s Federal Equal Opportunity Re- Kailua Bay, , HI [Docket No.: USCG- sanctions against the Government of North cruitment Program Reports for Fiscal Years 2015-1030] (RIN: 1625-AA87) received February Korea, and for other purposes. 2013 and 2014, pursuant to 5 U.S.C. 7201(e); 29, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); H.R. 907. To improve defense cooperation Public Law 89-554 (as amended by Public Law Added by Public Law 104-121, Sec. 251; (110 between the United States and the 95-454, Sec. 310); (92 Stat. 1153); to the Com- Stat. 868); to the Committee on Transpor- Hashemite Kingdom of Jordan. mittee on Oversight and Government Re- tation and Infrastructure. H.R. 1428. To extend Privacy Act remedies form. 4533. A letter from the Attorney-Advisor, to citizens of certified states, and for other 4525. A letter from the Senior Counsel for U.S. Coast Guard, Department of Homeland purposes. Regulatory Affairs, Office of the Assistant Security, transmitting the Department’s f Secretary for Management, Department of final rule — Drawbridge Operation Regula- the Treasury, transmitting the Department’s tion; Missouri River, Atchison, KS [Docket ADJOURNMENT final rule — Uniform Administrative Re- No.: USCG-2014-0358] (RIN: 1625-AA09) re- Mrs. WATSON COLEMAN. Mr. quirements, Cost Principles, and Audit Re- ceived February 29, 2016, pursuant to 5 U.S.C. Speaker, I move that the House do now quirements for Federal Awards (RIN: 1505- 801(a)(1)(A); Added by Public Law 104-121, adjourn. AC48) received February 29, 2016, pursuant to Sec. 251; (110 Stat. 868); to the Committee on 5 U.S.C. 801(a)(1)(A); Added by Public Law Transportation and Infrastructure. The motion was agreed to; accord- 104-121, Sec. 251; (110 Stat. 868); to the Com- 4534. A letter from the Attorney-Advisor, ingly (at 6 o’clock and 52 minutes mittee on Oversight and Government Re- U.S. Coast Guard, Department of Homeland p.m.), under its previous order, the form. Security, transmitting the Department’s House adjourned until tomorrow, 4526. A letter from the President and Chief final rule — Drawbridge Operation Regula- Thursday, March 3, 2016, at 9 a.m. Executive Officer, Amtrak, National Rail- tion; Duwamish Waterway, Seattle, WA road Passenger Corporation, transmitting [Docket No.: USCG-2015-0285] (RIN: 1625- f Amtrak’s Fiscal Year 2017 General and Leg- AA09) received February 29, 2016, pursuant to EXECUTIVE COMMUNICATIONS, islative Annual Report, pursuant to 49 U.S.C. 5 U.S.C. 801(a)(1)(A); Added by Public Law ETC. 24315(b); Public Law 103-272, Sec. 1(e); (108 104-121, Sec. 251; (110 Stat. 868); to the Com- Stat. 918); to the Committee on Transpor- mittee on Transportation and Infrastruc- Under clause 2 of rule XIV, executive tation and Infrastructure. ture. communications were taken from the 4527. A letter from the Attorney-Advisor, 4535. A letter from the Attorney-Advisor, Speaker’s table and referred as follows: U.S. Coast Guard, Department of Homeland U.S. Coast Guard, Department of Homeland

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Referred to the Committee of 2014-0995] (RIN: 1625-AA87) received February February 29, 2016, pursuant to 5 U.S.C. the Whole House on the state of the Union. 29, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); 801(a)(1)(A); Added by Public Law 104-121, Mr. BISHOP of Utah: Committee on Nat- Added by Public Law 104-121, Sec. 251; (110 Sec. 251; (110 Stat. 868); to the Committee on ural Resources. H.R. 482. A bill to redesig- Stat. 868); to the Committee on Transpor- Transportation and Infrastructure. nate Ocmulgee National Monument in the tation and Infrastructure. 4544. A letter from the Attorney-Advisor, State of Georgia and revise its boundary, and 4536. A letter from the Attorney-Advisor, U.S. Coast Guard, Department of Homeland for other purposes; with an amendment U.S. Coast Guard, Department of Homeland Security, transmitting the Department’s (Rept. 114–442). Referred to the Committee of Security, transmitting the Department’s in- temporary final rule — Safety Zone; Hudson the Whole House on the state of the Union. terim rule — Moving Security Zone; Es- River, Anchorage Ground 19-W [Docket No.: Mr. BYRNE: Committee on Rules. House corted Vessels; MM 90.0 — 106.0, Lower Mis- USCG-2016-0028] (RIN: 1625-AA00) received Resolution 635. Resolution providing for con- sissippi River; New Orleans, LA [Docket No.: February 29, 2016, pursuant to 5 U.S.C. sideration of the bill (H.R. 4557) to allow for USCG-2014-0995] (RIN: 1625-AA87) received 801(a)(1)(A); Added by Public Law 104-121, judicial review of any final rule addressing February 29, 2016, pursuant to 5 U.S.C. Sec. 251; (110 Stat. 868); to the Committee on national emission standards for hazardous 801(a)(1)(A); Added by Public Law 104-121, Transportation and Infrastructure. air pollutants for brick and structural clay Sec. 251; (110 Stat. 868); to the Committee on 4545. A letter from the Assistant Secretary products or for clay ceramics manufacturing Transportation and Infrastructure. of the Army, Civil Works, Department of De- before requiring compliance with such rule, 4537. A letter from the Attorney-Advisor, fense, transmitting the Department’s Edisto and providing for proceedings during the pe- U.S. Coast Guard, Department of Homeland Beach interim final integrated feasibility re- riod from March 4, 2016, through March 11, Security, transmitting the Department’s port and environmental assessment for 2016 (Rept. 114–443). Referred to the House temporary final rule — Safety Zone; Intra- March 2014 (H. Doc. No. 114—109); to the Com- Calendar. coastal Waterway; Lake Charles, LA [Docket mittee on Transportation and Infrastructure No.: USCG-2015-1086] (RIN: 1625-AA00) re- f and ordered to be printed. ceived February 29, 2016, pursuant to 5 U.S.C. 4546. A letter from the Assistant Secretary PUBLIC BILLS AND RESOLUTIONS 801(a)(1)(A); Added by Public Law 104-121, of the Army, Civil Works, Department of De- Sec. 251; (110 Stat. 868); to the Committee on Under clause 2 of rule XII, public fense, transmitting the Department’s Bogue Transportation and Infrastructure. bills and resolutions of the following 4538. A letter from the Attorney-Advisor, Banks final integrated report and environ- titles were introduced and severally re- U.S. Coast Guard, Department of Homeland mental impact statement for August 2014 (H. ferred, as follows: Doc. No. 114—110); to the Committee on Security, transmitting the Department’s By Mr. KING of New York (for himself, temporary final rule — Safety Zone; Rich- Transportation and Infrastructure and or- dered to be printed. Mr. OLSON, Mr. BLUM, Mr. WEBSTER land, Apra Harbor/Philippine Sea, GU [Dock- of Florida, Mr. WELCH, and Mr. et No.: USCG-2015-1101] (RIN: 1625-AA00) re- 4547. A letter from the Assistant Secretary of the Army, Civil Works, Department of De- VALADAO): ceived February 29, 2016, pursuant to 5 U.S.C. H.R. 4660. A bill to amend the Internal Rev- fense, transmitting the Department’s Flagler 801(a)(1)(A); Added by Public Law 104-121, enue Code of 1986 to allow an increased work County hurricane and storm damage reduc- Sec. 251; (110 Stat. 868); to the Committee on opportunity credit with respect to recent tion final integrated feasibility study and Transportation and Infrastructure. veterans, and for other purposes; to the Com- environmental assessment for September 4539. A letter from the Attorney-Advisor, mittee on Ways and Means. U.S. Coast Guard, Department of Homeland 2014 (rev. October 2014) (rev. April 2015) (H. By Ms. FUDGE (for herself, Mr. HINO- Security, transmitting the Department’s Doc. No. 114—111); to the Committee on JOSA, Ms. BROWN of Florida, Ms. temporary final rule — Safety Zone; Bayou Transportation and Infrastructure and or- PLASKETT, Ms. WILSON of Florida, Mr. Chene beginning at mile 130.0 on the dered to be printed. VEASEY, Mr. THOMPSON of California, Atchafalaya River extending through the 4548. A letter from the Secretary and the Mr. RICHMOND, Mr. COURTNEY, and Bayou Chene ending at Mile 85.0 on the Attorney General, Department of Health and Mr. TAKANO): Human Services and the Department of Jus- Intercoastal Waterway Morgan City, LA H.R. 4661. A bill to amend the Higher Edu- tice, transmitting the Departments’ Annual [Docket No.: USCG-2016-0016] (RIN: 1625- cation Act of 1965 to include Parent PLUS Report to Congress on Health Care Fraud AA00) received February 29, 2016, pursuant to loans in income-contingent and income- and Abuse Control Program for FY 2015, pur- 5 U.S.C. 801(a)(1)(A); Added by Public Law based repayment plans, and for other pur- suant to 42 U.S.C. 1395i(k)(5); Aug. 14, 1935, 104-121, Sec. 251; (110 Stat. 868); to the Com- poses; to the Committee on Education and mittee on Transportation and Infrastruc- ch. 531, title XVIII, Sec. 1817(k)(5) (as added the Workforce. ture. by Public Law 104-191, Sec. 201(b)); (110 Stat. By Mr. ROE of Tennessee (for himself 4540. A letter from the Attorney-Advisor, 1996); jointly to the Committees on Energy U.S. Coast Guard, Department of Homeland and Mr. HOYER): and Commerce and Ways and Means. H.R. 4662. A bill to amend the Public Security, transmitting the Department’s 4549. A letter from the Assistant Attorney Health Service Act to increase the pref- temporary final rule — Safety Zone; Transit General, Office of Legislative Affairs, De- erence given, in awarding certain asthma-re- Restrictions, Lower Mississippi River Mile partment of Justice, transmitting the De- lated grants, to States that allow trained Marker 311.0 — 319.0 [Docket No.: USCG-2016- partment’s First Quarterly Report for FY school personnel to administer asthma-re- 0023] (RIN: 1625-AA00) received February 29, 2016 on the Uniformed Services Employment lated rescue medications, and for other pur- 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added and Reemployment Rights Act of 1994, pursu- poses; to the Committee on Energy and Com- by Public Law 104-121, Sec. 251; (110 Stat. ant to 38 U.S.C. 4332(b)(1); Public Law 103-353, 868); to the Committee on Transportation merce. Sec. 2(a) (as added by Public Law 110-389, By Mr. JOLLY: and Infrastructure. Sec. 312(c)); (122 Stat. 4165); jointly to the 4541. A letter from the Attorney-Advisor, H.R. 4663. A bill to forbid Federal agencies Committees on the Judiciary and Veterans’ from buying Apple products until Apple pro- U.S. Coast Guard, Department of Homeland Affairs. Security, transmitting the Department’s vides the Federal Government with technical 4550. A letter from the Assistant Secretary, support necessary to access encrypted infor- temporary final rule — Safety Zone; Transit Legislative Affairs, Department of State, Restrictions, Lower Mississippi River Mile mation sought by a warrant that may be ma- transmitting the Department’s determina- terially relevant to the commission of ter- Marker 365.0 — 361.0 [Docket No.: USCG-2016- tions and the associated report, pursuant to 0014] (RIN: 1625-AA00) received February 29, rorism; to the Committee on Oversight and Public Law 112-239, Secs. 1244(c)(1), 1246(a), Government Reform, and in addition to the 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added and 1247(a); jointly to the Committees on by Public Law 104-121, Sec. 251; (110 Stat. Committees on the Judiciary, and House Ad- Foreign Affairs, the Judiciary, Oversight and 868); to the Committee on Transportation ministration, for a period to be subsequently Government Reform, and Financial Services. and Infrastructure. determined by the Speaker, in each case for 4542. A letter from the Attorney-Advisor, f consideration of such provisions as fall with- U.S. Coast Guard, Department of Homeland in the jurisdiction of the committee con- Security, transmitting the Department’s REPORTS OF COMMITTEES ON cerned. temporary final rule — Safety Zone; Bayou PUBLIC BILLS AND RESOLUTIONS By Mr. NADLER (for himself, Ms. ROS- Petite Caillou, Boudreaux Canal Floodgate; Under clause 2 of rule XIII, reports of LEHTINEN, Mr. ENGEL, Mr. POE of Chauvin, LA [Docket No.: USCG-2015-1125] committees were delivered to the Clerk Texas, Ms. SCHAKOWSKY, Ms. WASSERMAN SCHULTZ, Mr. GRAYSON, (RIN: 1625-AA00) received February 29, 2016, for printing and reference to the proper pursuant to 5 U.S.C. 801(a)(1)(A); Added by Ms. VELA´ ZQUEZ, Mr. LOWENTHAL, Mr. Public Law 104-121, Sec. 251; (110 Stat. 868); ; calendar, as follows: TED LIEU of California, Ms. MENG, to the Committee on Transportation and In- Mr. BISHOP of Utah: Committee on Nat- Mr. O’ROURKE, Mr. CHABOT, Mr. frastructure. ural Resources. H.R. 4119. A bill to authorize BRENDAN F. BOYLE of Pennsylvania, 4543. A letter from the Attorney-Advisor, the exchange of certain land located in Gulf Mr. KING of New York, and Mr. DONO- U.S. Coast Guard, Department of Homeland Islands National Seashore, Jackson County, VAN):

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H.R. 4664. A bill to direct the President to By Ms. MENG (for herself, Mr. CREN- By Ms. FUDGE: submit to Congress a report on actions the SHAW, Mr. ENGEL, Mr. SALMON, Mr. H.R. 4661. Department of State and other relevant Fed- SHERMAN, Mr. CROWLEY, and Mr. Congress has the power to enact this legis- eral departments and agencies have taken POLIS): lation pursuant to the following: regarding steps to ensure that a just, com- H.R. 4674. A bill to support the sustainable Article 1, Section 8, Clause 3, otherwise prehensive Arab-Israeli peace accord also recovery and rebuilding of Nepal following known as the Commerce Clause. finds resolution of the issue of Jewish refu- the recent, devastating earthquakes near By Mr. ROE of Tennessee: gees from Arab countries and Iran; to the Kathmandu; to the Committee on Foreign H.R. 4662. Committee on Foreign Affairs. Affairs. Congress has the power to enact this legis- By Mr. BEYER (for himself, Mr. By Ms. NORTON: lation pursuant to the following: REICHERT, Mr. WELCH, and Mrs. H.R. 4675. A bill to direct the Adminis- Article I, Section 8, Clause 1 MCMORRIS RODGERS): trator of the Federal Aviation Administra- Article I, Section 8, Clause 18 H.R. 4665. A bill to require the Secretary of tion to prohibit the use of leaded fuel by air- By Mr. JOLLY: Commerce to conduct an assessment and craft operating within United States air- H.R. 4663. analysis of the outdoor recreation economy space; to the Committee on Transportation Congress has the power to enact this legis- of the United States, and for other purposes; and Infrastructure. lation pursuant to the following: to the Committee on Energy and Commerce. By Mr. ROONEY of Florida (for himself Article I. Section 8 By Mrs. BLACKBURN: and Mr. DEUTCH): By Mr. NADLER: H.R. 4666. A bill to require State edu- H.R. 4676. A bill to amend title 18, United H.R. 4664. cational agencies that receive funding under States Code, to provide an additional tool to Congress has the power to enact this legis- the Elementary and Secondary Education prevent certain frauds against veterans, and lation pursuant to the following: Act of 1965 to have in effect policies and pro- for other purposes; to the Committee on the Article I, Section 8, clauses 1, 3, and 18. cedures on background checks for school em- Judiciary. By Mr. BEYER: ployees; to the Committee on Education and By Mr. ASHFORD (for himself, Mr. H.R. 4665. the Workforce. CUELLAR, Ms. SINEMA, Mr. SCHRADER, Congress has the power to enact this legis- By Mr. CLAWSON of Florida (for him- Mr. COSTA, and Mr. COOPER): lation pursuant to the following: self, Mr. MURPHY of Florida, Mr. H.J. Res. 83. A joint resolution proposing a Article I, Section 8, Clause 1 of the United BUCHANAN, and Mr. HASTINGS): balanced budget amendment to the Constitu- States Constitution. H.R. 4667. A bill to direct the Secretary of tion of the United States; to the Committee By Mrs. BLACKBURN: the Army to expedite the completion of re- on the Judiciary. H.R. 4666. pairs to the Herbert Hoover Dike, Florida, By Mr. PERRY (for himself and Mr. Congress has the power to enact this legis- and for other purposes; to the Committee on SALMON): lation pursuant to the following: Transportation and Infrastructure, and in H.J. Res. 84. A joint resolution to authorize The Commerce Clause: Article 1, Section 8, addition to the Committee on the Budget, the use of United States Armed Forces Clause 3 of the U.S. Constitution gives Con- for a period to be subsequently determined against organizations that support Islamist gress the power ‘‘to regulate commerce with by the Speaker, in each case for consider- extremism, and for other purposes; to the foreign nations, and among the several ation of such provisions as fall within the ju- Committee on Foreign Affairs. states, and with the Indian tribes.’’ risdiction of the committee concerned. By Mr. PEARCE (for himself, Mr. COLE, By Mr. CLAWSON of Florida: By Ms. DUCKWORTH (for herself, Mr. and Ms. MCCOLLUM): H.R. 4667. CUMMINGS, Mr. HANNA, Mr. CON- H. Con. Res. 122. Concurrent resolution Congress has the power to enact this legis- NOLLY, Mr. LYNCH, Ms. NORTON, Mr. supporting efforts to stop the theft, illegal lation pursuant to the following: NADLER, and Mrs. WATSON COLEMAN): possession or sale, transfer, and export of Article 1 Section 8 of the United States H.R. 4668. A bill to affirm that Federal em- tribal cultural items of American Indians, Constitution ployees are protected from discrimination on Alaska Natives, and Native Hawaiians in the By Ms. DUCKWORTH: the basis of sexual orientation or gender United States and internationally; to the H.R. 4668. identity and to repudiate any assertion to Committee on the Judiciary, and in addition Congress has the power to enact this legis- the contrary; to the Committee on Oversight to the Committees on Foreign Affairs, and lation pursuant to the following: and Government Reform. Natural Resources, for a period to be subse- Clause 18, Section 8, Article 1 of The Con- By Mr. FOSTER: quently determined by the Speaker, in each stitution of the United States H.R. 4669. A bill to support the establish- case for consideration of such provisions as By Mr. FOSTER: ment of a Standards Coordinating Body in fall within the jurisdiction of the committee H.R. 4669. Regenerative Medicine and Advanced Thera- concerned. Congress has the power to enact this legis- pies; to the Committee on Energy and Com- By Mr. SALMON (for himself, Mr. lation pursuant to the following: merce. ROYCE, Mr. CASTRO of Texas, Mr. This bill is enacted pursuant to the power By Mr. HECK of (for himself, BERA, Mr. DESJARLAIS, Mr. KELLY of granted to Congress under Article I, Section Mr. HARDY, and Mr. AMODEI): Pennsylvania, Mr. CICILLINE, and Mr. 8, Clauses 1 and 18 of the United States Con- H.R. 4670. A bill to adjust the boundary of ROHRABACHER): stitution. the Mojave National Preserve; to the Com- H. Res. 634. A resolution recognizing the mittee on Natural Resources. By Mr. HECK of Nevada: importance of the United States-Republic of H.R. 4670. By Mr. HUIZENGA of Michigan (for Korea-Japan trilateral relationship to Congress has the power to enact this legis- himself and Mrs. CAROLYN B. MALO- counter North Korean threats and nuclear lation pursuant to the following: NEY of New York): H.R. 4671. A bill to amend title 18, Unites proliferation, and to ensure regional security Article IV, Section 3, Clause 2: States Code, to eliminate Federal Prison In- and human rights; to the Committee on For- ‘‘The Congress shall have Power to dispose dustries advantages over the private sector eign Affairs. of and make all needful Rules and Regula- and small business in the procurement of f tions respecting the Territory or other Prop- erty belonging to the United States; and commercially available goods and services; CONSTITUTIONAL AUTHORITY to the Committee on the Judiciary. nothing in this Constitutions shall be con- By Ms. JENKINS of Kansas: STATEMENT strued as to Prejudice any Claims of the H.R. 4672. A bill to amend the Internal Rev- Pursuant to clause 7 of rule XII of United States, or of any particular State.’’ enue Code of 1986 to make permanent the ex- the Rules of the House of Representa- By Mr. HUIZENGA of Michigan: ception for marginal production from the H.R. 4671. tives, the following statements are sub- Congress has the power to enact this legis- taxable income limit on percentage deple- mitted regarding the specific powers tion for oil and natural gas wells; to the lation pursuant to the following: Committee on Ways and Means. granted to Congress in the Constitu- Article 1, Section 8, Clause 3—To regulate By Mr. LOEBSACK (for himself, Mr. tion to enact the accompanying bill or Commerce with foreign Nations, and among WALZ, Mr. PETERSON, Mr. POCAN, and joint resolution. the several States, and with the Indian Mrs. BUSTOS): By Mr. KING of New York: Tribes. H.R. 4673. A bill to amend the Farm Secu- H.R. 4660. Amendment X—Nothing in the Constitu- rity and Rural Investment Act of 2002 to es- Congress has the power to enact this legis- tion authorizes the Federal government to tablish a competitive grant program for re- lation pursuant to the following: do anything other than those things enumer- newable fuel infrastructure, and for other Article 1, Section 8, Clause 1 ated (coin money, enter into treaties, con- purposes; to the Committee on Agriculture, The Congress shall have Power To lay and duct a Census—which are inherently govern- and in addition to the Committee on Natural collect Taxes, Duties, Imposts and Excises, mental). Thus, under Amendment X, the Resources, for a period to be subsequently to pay the Debts and provide for the common right to carry out commercial activities is determined by the Speaker, in each case for Defence and general Welfare of the United reserved to the States, respectively, or to consideration of such provisions as fall with- States; but all Duties, Imposts and Excises the people. in the jurisdiction of the committee con- shall be uniform throughout the United By Ms. JENKINS of Kansas: cerned. States. H.R. 4672.

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Congress has the power to enact this legis- H.R. 1550: Mr. SESSIONS. H.R. 4305: Mr. DAVID SCOTT of Georgia. lation pursuant to the following: H.R. 1598: Mr. NORCROSS. H.R. 4336: Mr. EMMER of Minnesota, Mrs. Article I, Section 8: H.R. 1625: Mrs. DAVIS of California. CAROLYN B. MALONEY of New York, and Mr. The Congress shall have Power To lay and H.R. 1655: Mr. CARNEY. NADLER. collect Taxes, Duties, Imposts and Excises, H.R. 1769: Mr. POE of Texas, Mr. FORBES, H.R. 4380: Ms. SCHAKOWSKY, Ms. SINEMA, to pay the Debts and provide for the common and Mr. STEWART. and Ms. EDWARDS. Defense and general Welfare of the United H.R. 1811: Mr. COHEN. H.R. 4381: Mr. BOUSTANY. States. H.R. 1923: Mr. RENACCI. H.R. 4396: Mr. TAKANO, Ms. SCHAKOWSKY, By Mr. LOEBSACK: H.R. 1941: Mr. MCKINLEY and Mr. RUSH. Ms. NORTON, and Mr. CA´ RDENAS. H.R. 4673. H.R. 2016: Mrs. BEATTY. H.R. 4399: Mr. LEVIN. Congress has the power to enact this legis- H.R. 2054: Mr. DESAULNIER. H.R. 4447: Mr. LEWIS. lation pursuant to the following: H.R. 2058: Mr. WOMACK. H.R. 4448: Mr. OLSON. Article I, Section 8, Clause 1 of the Con- H.R. 2090: Mr. GRIJALVA. H.R. 4451: Mr. OLSON. stitution. H.R. 2121: Mrs. COMSTOCK. H.R. 4456: Ms. DUCKWORTH. By Ms. MENG: H.R. 2170: Mr. NEWHOUSE. H.R. 4472: Mrs. BROOKS of Indiana. H.R. 4674. H.R. 2215: Mr. LAMALFA. H.R. 4479: Mr. MCGOVERN, Ms. NORTON, and Congress has the power to enact this legis- H.R. 2355: Mr. ISRAEL. Mr. ELLISON. H.R. 4480: Mr. GRIJALVA. lation pursuant to the following: H.R. 2399: Mr. GIBSON. H.R. 4488: Mr. O’ROURKE, Mr. ENGEL, and Article 1, Section 8 of the U.S. Constitu- H.R. 2430: Mr. PERLMUTTER. Mr. JOHNSON of Georgia. tion H.R. 2461: Mr. ROSS. H.R. 4499: Mr. TONKO and Mr. DOLD. By Ms. NORTON: H.R. 2536: Mr. FOSTER. H.R. 4505: Mr. FINCHER, Mr. HINOJOSA, and H.R. 4675. H.R. 2646: Mr. DONOVAN. Mr. ELLISON. Congress has the power to enact this legis- H.R. 2747: Mr. NOLAN and Mr. EMMER of H.R. 4535: Mr. CARTWRIGHT, Mr. KEATING, lation pursuant to the following: Minnesota. H.R. 2799: Mr. RYAN of Ohio, Mr. POLIS, Mr. and Ms. CLARK of Massachusetts. clause 3 of section 8 of article I of the Con- RAT HECK of Nevada, Mrs. DAVIS of California, H.R. 4544: Mr. B . stitution. H.R. 4552: Mr. GRIJALVA. and Mr. DUNCAN of Tennessee. By Mr. ROONEY of Florida: H.R. 4555: Mr. WEBER of Texas, Mr. H.R. 2802: Mr. RIGELL. H.R. 4676. PITTENGER, Mr. BABIN, Mr. HARPER, Mr. H.R. 2844: Ms. MCCOLLUM. Congress has the power to enact this legis- ALLEN, and Mr. BISHOP of Utah. H.R. 2846: Ms. NORTON. lation pursuant to the following: H.R. 4570: Ms. ESHOO, Ms. STEFANIK, and H.R. 2894: Ms. FRANKEL of Florida. Article I, section 8—to make rules for the Mr. HONDA. H.R. 2896: Mr. ROTHFUS and Mr. MILLER of Government and Regulation of the land and H.R. 4584: Mr. WEBER of Texas, Mr. CAL- Florida. Naval Forces. VERT, Mr. CUELLAR, Mr. MOOLENAAR, Mr. H.R. 2901: Mr. ROTHFUS. By Mr. ASHFORD: BABIN, Mr. MCCAUL, and Mr. PALAZZO. H.R. 2911: Mr. SMITH of Nebraska. H.J. Res. 83. H.R. 4592: Mr. LYNCH, Mr. MOULTON, Mr. H.R. 3099: Ms. MATSUI, Mr. LARSON of Con- Congress has the power to enact this legis- WELCH, Mr. LANGEVIN, Mr. PASCRELL, Mr. necticut, and Mr. DENHAM. lation pursuant to the following: LARSON of Connecticut, Mr. MEEKS, Mr. H.R. 3137: Mr. TOM PRICE of Georgia. Article V of the Constitution, that grants TONKO, Mr. CROWLEY, Mr. KING of New York, H.R. 3183: Mr. JONES. Congress the authority, whenever two thirds and Ms. PLASKETT. H.R. 3222: Mrs. LUMMIS and Mr. GRAVES of of both chambers deem is necessary, to pro- H.R. 4603: Mr. RICHMOND and Ms. SCHA- Georgia. pose amendments to the Constitution. KOWSKY. H.R. 3326: Mr. ROONEY of Florida and Mr. By Mr. PERRY: H.R. 4612: Mr. PALAZZO and Ms. MCSALLY. GUINTA. H.J. Res. 84. H.R. 4617: Mr. KEATING. H.R. 3351: Mr. NORCROSS. Congress has the power to enact this legis- H.R. 4625: Mr. RANGEL, Mr. ISRAEL, Ms. H.R. 3377: Mr. KILMER. lation pursuant to the following: ESTY, Ms. KUSTER, and Mr. LOBIONDO. H.R. 3381: Mr. GUINTA and Ms. MATSUI. Section 8 of Article 1 of the Constitution H.R. 4636: Mr. CRAMER, Mr. GROTHMAN, H.R. 3406: Mr. POLIS and Ms. LEE. Mrs. LOVE, Mr. FRANKS of Arizona, and Mr. f H.R. 3446: Mr. PETERS. SMITH of Missouri. H.R. 3516: Mrs. ELLMERS of North Carolina. H.R. 4640: Mr. KEATING. ADDITIONAL SPONSORS H.R. 3520: Ms. TSONGAS and Mr. DANNY K. H.R. 4642: Mr. HASTINGS. DAVIS of Illinois. Under clause 7 of rule XII, sponsors H.R. 4651: Mr. CARTER of Georgia, Mr. KING H.R. 3637: Mr. RANGEL. were added to public bills and resolu- of New York, and Mrs. MILLER of Michigan. H.R. 3660: Mr. GENE GREEN of Texas. tions, as follows: H.R. 4653: Ms. MATSUI, Mr. SARBANES, Mr. H.R. 3687: Mr. WESTERMAN. RUSH, Mr. BUTTERFIELD, Ms. NORTON, Ms. H.R. 140: Mr. BOUSTANY. H.R. 3706: Ms. ADAMS, Ms. EDDIE BERNICE EDWARDS, Ms. LEE, Mr. GUTIE´ RREZ, and Mr. H.R. 228: Mrs. BLACKBURN and Mr. BARR. JOHNSON of Texas, Mr. WELCH, Mr. ISRAEL. H.R. 239: Mr. GRAYSON and Mr. SERRANO. ES ARLAIS ULTGREN ANNY D J , Mr. H , Mr. D K. H.R. 4655: Mr. SENSENBRENNER. H.R. 244: Mr. OLSON. DAVIS of Illinois, Mr. NORCROSS, Ms. KAPTUR, H.R. 4657: Mr. WELCH. H.R. 292: Mr. GRAYSON. Mr. RUPPERSBERGER, Mr. SCHIFF, Mr. RYAN H.J. Res. 22: Mr. NADLER. H.R. 333: Mr. PETERSON. of Ohio, and Mr. CAPUANO. H.J. Res. 55: Mr. GARRETT, Mr. GUINTA, H.R. 359: Mrs. CAROLYN B. MALONEY of New H.R. 3713: Ms. ROS-LEHTINEN and Mr. RYAN Mrs. BLACKBURN, Mr. FINCHER, Mr. AUSTIN York. of Ohio. SCOTT of Georgia, Mr. RATCLIFFE, Mr. H.R. 448: Mr. POLIS. H.R. 3779: Mr. COHEN. FRANKS of Arizona, and Mr. LOUDERMILK. H.R. 563: Mr. YOUNG of Alaska. ´ H.R. 3808: Mr. CARDENAS, Mr. TROTT, and H. Con. Res. 36: Mr. NORCROSS. MITH H.R. 605: Mr. S of New Jersey and Mr. Mr. HARDY. H. Con. Res. 40: Mr. KING of New York. TONKO. H.R. 3817: Ms. CLARKE of New York, Mr. H. Con. Res. 89: Mr. WEBER of Texas, Mr. H.R. 616: Mr. DEUTCH. RYAN of Ohio, and Mr. RUSH. BRIDENSTINE, Mr. FARENTHOLD, and Mr. SEN- H.R. 624: Ms. BROWNLEY of California. H.R. 3880: Mr. TROTT. SENBRENNER. H.R. 654: Mr. DUNCAN of South Carolina, H.R. 3886: Mr. HONDA. H. Con. Res. 121: Mr. PAULSEN. Mr. FRELINGHUYSEN, and Mr. POMPEO. H.R. 3913: Mr. LARSON of Connecticut. H. Res. 245: Ms. MENG. H.R. 699: Mr. PRICE of North Carolina. H.R. 3952: Mrs. BROOKS of Indiana. H. Res. 377: Mr. EMMER of Minnesota. H.R. 775: Mr. BLUM. H.R. 3977: Mr. CARTWRIGHT. H. Res. 436: Ms. MENG. H.R. 793: Mr. OLSON. H.R. 4055: Mr. BLUMENAUER. H. Res. 518: Ms. MENG. H.R. 802: Mr. SCHRADER. H.R. 4062: Mr. ZINKE. H. Res. 551: Mr. SERRANO, Mr. MCCAUL, Mr. H.R. 845: Mr. DUNCAN of Tennessee. H.R. 4063: Mr. BLUMENAUER. ALLEN, Mr. PALLONE, Mr. KING of New York, H.R. 863: Mr. GOODLATTE. H.R. 4073: Ms. SLAUGHTER and Mr. GRAVES and Ms. LORETTA SANCHEZ of California. H.R. 923: Mr. KING of Iowa. of Missouri. H. Res. 613: Mr. RENACCI. H.R. 932: Mrs. BEATTY. H.R. 4096: Mr. MESSER. H. Res. 616: Mr. RYAN of Ohio and Mr. H.R. 953: Mr. BISHOP of Michigan and Mr. H.R. 4126: Mr. KINZINGER of Illinois and Mr. GUTIE´ RREZ. GUTIE´ RREZ. JOYCE. H. Res. 617: Mr. PEARCE, Mr. MEADOWS, Mr. H.R. 986: Mr. ROSS and Mr. KING of Iowa. H.R. 4137: Mr. ELLISON. YOHO, Mr. JODY B. HICE of Georgia, Mr. H.R. 989: Mr. LARSON of Connecticut. H.R. 4167: Mr. SHIMKUS, Mr. CUELLAR, Mr. MULVANEY, Mr. ROKITA, Mr. ALLEN, Mr. H.R. 999: Mr. BOUSTANY. BROOKS of Alabama, and Mr. VELA. FLEMING, Mr. BRAT, Mr. LAMALFA, Mr. H.R. 1093: Mr. GUTIE´ RREZ. H.R. 4262: Mr. BOST, Mr. OLSON, Mr. WEBER of Texas, Mr. ABRAHAM, and Mr. H.R. 1333: Mrs. ELLMERS of North Carolina. STUTZMAN, Mr. ROKITA, Mr. KELLY of Penn- BYRNE. H.R. 1431: Mr. PALAZZO. sylvania, and Mr. MILLER of Florida. H. Res. 626: Ms. MENG. H.R. 1432: Mr. PALAZZO. H.R. 4264: Mr. MCGOVERN. H. Res. 629: Mr. JOHNSON of Georgia, Mr. H.R. 1486: Mr. BABIN. H.R. 4277: Mr. ZINKE and Mr. BOUSTANY. BLUMENAUER, Ms. CLARKE of New York, Mr.

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SEAN PATRICK MALONEY of New York, Mr. 47. The SPEAKER presented a petition of ments of the three coastal counties to be DELANEY, Mr. SERRANO, Mr. MCGOVERN, and the Jackson County Board of Supervisors, used for strategic, economic development to Mr. MCNERNEY. relative to a resolution to join with coast create new jobs, and expand the state’s tax f cities and counties in requesting the legisla- base from sales and income taxes generated ture to appropriate at least 80% of the $750 from Mississippi coast businesses; which was PETITIONS, ETC. million in economic damages from the Deep- referred to the Committee on Financial Under clause 3 of rule XII, water Horizon oil spill to the local govern- Services.

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Vol. 162 WASHINGTON, WEDNESDAY, MARCH 2, 2016 No. 34 Senate The Senate met at 9:30 a.m. and was er, the one we will have next year, did the current President, the so-called called to order by the President pro not even wait until the final year of ‘‘empathy standard,’’ judges prioritize tempore (Mr. HATCH). the last President’s term to declare their political ideology above the law. f that the Senate should ‘‘not confirm a The problem with that approach to Supreme Court nominee except in ex- judging is that empathy is only good in PRAYER traordinary circumstances.’’ And we the courtroom if you are lucky enough The Chaplain, Dr. Barry C. Black, of- all know what Vice President BIDEN to be the person the judge actually has fered the following prayer: said when he chaired the Judiciary empathy for. It is not so good if you Let us pray. Committee. Here is what he said: ‘‘It are the other guy. Our Father in Heaven, shower our would be our pragmatic conclusion This is something the American peo- Senators with Your marvelous grace that once the political season is under- ple should decide. President Obama this day and always. Make them suffi- way, and it is, action on a Supreme still has every right to nominate some- cient for these grand and challenging Court nomination must be put off until one on his way out the door. The Sen- times. Teach them to make the most of after the election campaign is over.’’ ate also has every right to withhold its their time, for the night comes when That is the essence of the Biden rule. consent. That is what the Biden rule no one can work. Yesterday, the chairman of the Judici- reminds us of this election year. We Lord, refresh them with Your might ary Committee and I personally reiter- will appropriately revisit the matter so that they will face vicissitudes with ated to President Obama that we will after Americans elect their new Presi- observe the Biden rule. an equanimity of temperament and an dent. The American people deserve to be absolute trust in the power of Your Now, this is not the only issue we dis- heard on this matter. That is the fair- cussed down at the White House yester- providence. Keep a protective eye on est and most reasonable approach day. We also had a constructive discus- them so that they may dwell in safety. today. Voters have already begun to sion about other legislative issues, Today, shine the light of Your pres- choose the next President, who in turn such as the prescription opioid and her- ence upon us all, filling us with Your will nominate the next Supreme Court oin epidemic sweeping our country and joy. Justice. It is an important decision. We pray in Your Holy Name. Amen. Justice Scalia himself reminded us the important bill we will continue to f that setting aside one’s personal views consider today to help address it. The Comprehensive Addiction and PLEDGE OF ALLEGIANCE is ‘‘one of the primary qualifications for a judge.’’ His aim was to follow the Recovery Act, or CARA, is bipartisan The President pro tempore led the Constitution wherever it took him, legislation that targets this crisis at Pledge of Allegiance, as follows: even if he disagreed politically with every level. The bill has a host of sup- I pledge allegiance to the Flag of the the outcome. We saw that when he porters, including 42 bipartisan cospon- United States of America, and to the Repub- sided with the constitutional right of sors and more than 130 groups dedi- lic for which it stands, one nation under God, protestors to burn the American flag. cated to combating the epidemic. indivisible, with liberty and justice for all. ‘‘If you’re going to be a good and faith- And while this is an important au- f ful judge,’’ he said, ‘‘you have to resign thorization bill, I would also note that yourself to the fact that you’re not al- Congress has already appropriated $400 RECOGNITION OF THE MAJORITY million to opioid-specific programs. All LEADER ways going to like the conclusions you reach.’’ $400 million of those funds still remain The PRESIDENT pro tempore. The I think Americans agree that judges available to be spent today. That is majority leader is recognized. should be fair, impartial arbiters who right. These funds are still available, f apply the law and the Constitution and we will have more opportunities to equally to all and as actually written, address funding through the appropria- FILLING THE SUPREME COURT not as they wish it were. I think most tions process later this spring. VACANCY AND COMPREHENSIVE Americans agree a judge should be Michael Botticelli, the Obama ad- ADDICTION AND RECOVERY BILL committed to an evenhanded interpre- ministration’s Director of National Mr. MCCONNELL. Mr. President, the tation of the law and the Constitution Drug Control Policy, testified at a current Senate Democratic leader once so that everyone who walks into a hearing just a few months ago and stated that ‘‘nowhere in [the Constitu- courtroom knows he or she will have a thanked Congress for including funding tion] does it say the Senate has a duty fair shake. in the fiscal 2016 spending bill, saying: to give presidential nominees a vote.’’ But there is another view of the role ‘‘We appreciate that Congress provided The incoming Senate Democratic lead- of a judge. Under the view promoted by more than $400 million in funding in

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

S1169

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VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.000 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1170 CONGRESSIONAL RECORD — SENATE March 2, 2016 the fiscal 2016 appropriations act, spe- FILLING THE SUPREME COURT I hoped people listened. I hoped it cifically to address the opioid epi- VACANCY slowed down what President Bush was demic, an increase of more than $100 Mr. REID. Mr. President, we now going to do. But the fact is President million from the previous year.’’ have a new rule called the Biden rule, Bush did what he wanted, and he, in Botticelli went on to say there is which I guess was invented this morn- the process, was able to present nomi- ‘‘clear evidence that a comprehensive ing. What happens when my friend the nations to us and we looked them over. response,’’ such as that of CARA, is Republican leader, as he did yesterday, Now we have a new standard. We are ‘‘tremendously important.’’ He said talks about what Senator BIDEN has not going to meet with whomever this that the provisions in CARA are ‘‘criti- said is that he never completes the lit- person is. We don’t know who it is, but cally important to make headway in tle presentation Senator BIDEN made. we are not going to meet with him. We terms of this epidemic.’’ Senator BIDEN did not say there are not going to hold hearings, and we Let’s not allow this issue to get tan- are not going to vote. That is wrong. gled up in politics. It is really too im- wouldn’t be any nominations. Here is f portant to each of our States. Let’s do what he said in ending his presen- our part today to help those in recov- tation. At the end of his speech in 1992, REPUBLICAN PARTY Senator BIDEN said: ery take their lives back. Let’s help Mr. REID. Mr. President, here is a keep families together and kids safer Compromise is the responsible course both headline of an article that appeared in and help prevent more Americans from for the White House and for the Senate. If the President consults and cooperates with : ‘‘Trump is the suffering at the hands of addiction. the Senate or moderates his selections ab- GOP’s Frankenstein monster.’’ This Let’s put politics aside and continue sent consultation, then his nominees may was the headline in the Washington to work to pass the Comprehensive Ad- enjoy my support as did Justices Kennedy Post article authored by Robert Kagan, diction and Recovery Act, which would and Souter. a former official in the Reagan State be an important step forward in the That is what this is all about. Sen- Department who is now a senior fellow fight against our national opioid and ator BIDEN never said there wouldn’t be at the Brookings Institute. heroin crisis. any nominations approved, and that It is true, Donald Trump is the Re- f was evident in the oval office yester- publican Party’s Frankenstein mon- RECOGNITION OF THE MINORITY day. Vice President BIDEN told the ster. Republicans have spent the last 8 LEADER story of a Republican President calling years stoking the fires of resentment and hatred, building Trump piece by The PRESIDING OFFICER (Mr. him down—he was chairman of the Ju- diciary Committee—and said: OK, we piece. Today the Republican establish- PAUL). The Democratic leader is recog- ment acts like it is surprised by Donald nized. are having some problems here. I have 10 names on a piece of paper. I want Trump’s victories around the country. f you to look at it and give me your They feign outrage that a demagogue RELATIONSHIPS IN THE SENATE rough estimate. I will not bind you to spewing vile xenophobia is somehow Mr. REID. Mr. President, people who this, but which of these do you think winning in a party which spent years watch us on television should under- would work? telling immigrants they are not wel- stand that everything we do is not dour These were people that a Republican come in America. They act surprised and kind of frowny. There are times, President presented to the Democratic that Republican voters are flocking to when we are away from the cameras, chair of the Judiciary Committee say- a birther candidate, even as Republican that we get along well and have a good ing: Give me your impression of these congressional leaders continue to sup- time. people. So they went over them—yes, port a man who refuses to distance There is no better example of that yes, yes, no. They had 10 names. himself from the Ku Klux Klan. than this morning. Every week at 8 That is the same thing that happened They express shock and outrage that o’clock in the morning on Wednesday yesterday in the White House. Presi- Republican voters cheer Trump’s we meet downstairs for the Senate dent Obama said: Do you have any schoolyard taunts, even as they Prayer Breakfast. I go there as often as names for me? Give them to me. I will trounce the most common courtesies I can. It is really very stimulating, and be happy to take a look at them. extended to every President, even as I am always glad I go every time I do So there is no Biden rule, unless the they deny a fair hearing to a Presi- go. But today was especially good be- Biden rule is that we will continue dent’s Supreme Court nominee for the cause AL FRANKEN, the junior Senator doing what we have always done here first time ever—the first time—in his- from Minnesota, was making the pres- in the Senate. And what is that? We tory. Republicans shouldn’t be sur- entation. Even though there is an approve in any Presidential election prised. They spent 8 years laying the opening prayer and a closing prayer, year—in a Presidential election year groundwork for the rise of Donald there is some talk in between that, and we always take care of a nomination. Trump. his presentation was terrific. And of We have never in the history of the The reality is that Republican lead- course we all know AL FRANKEN, and so country not done that, until now. ers are reaping what they have sown. a lot of it was funny. Now, the other thing is we keep talk- As Mr. Kagan said in his Washington But I just want everyone watching us ing about a lot of political things, but Post opinion piece yesterday, ‘‘The this morning to know we are not al- we have an obligation based on the party’s own political crimes are being ways—I used the word—dour. There are Constitution of the United States to do punished in a bit of cosmic justice fit times when we smile and have a good something about these nominations we for a Greek tragedy.’’ time. get from the President. We have a con- Seven years ago the Republican lead- Everyone knows the Presiding Officer stitutional duty to do our jobs, and er and his party decided that President and I have total disagreement on pol- that duty is to give advice and consent Obama was an illegitimate President. icy, but I so admire the Presiding Offi- to the President when he sends a nomi- They decided his Presidency was un- cer. Without reservation, I can say we nation up here, which we will have in a worthy of their basic respect and good- are friends—not just political friends, matter of a week or so. faith efforts. Congressional Repub- but we are friends. A year ago, when I And we do it quickly. We don’t spend licans decided that whatever policies was injured, because he is an ophthal- months and months doing this. The Re- this President proposed, they would re- mologist, he reached out to me and publicans’ unprecedented call to block flexively oppose them—regardless of gave me his advice and mostly his con- any nominee is more of the obstruction the merits. Instead, congressional Re- cern, for which I am grateful. that we have had here too often. This publicans had only one objective—to I think if we stopped and looked has never ever been done before. keep President Obama from being re- around at each other, we would find As for my friend the Republican lead- elected. many such relationships such as the er to talk about statements I made and In order to do that, the Republican one with the Presiding Officer and the the senior Senator from New York leader and his party refused to engage senior Senator from Nevada, and I ap- made, of course we made statements. It the President or Democrats on policy. preciate that. didn’t affect what we did around here. No matter how dire the crisis for the

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.001 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1171 American people, Republican leaders Republican leadership. In the end, only Republican leadership is still sup- decided it was more important to deny one Republican voted for that bill— porting him. The Speaker of the House President Obama an achievement than only one. yesterday affirmed that he will vote for help people in need. Think about that. Time and time again, congressional Donald Trump if he is the Republican No matter how dire the crisis for the Republicans went to the extreme to nominee for President. The Senate Re- American people, Republican leaders block any positive legislation to im- publican leader has not said he will not decided—I repeat—it was more impor- prove our Nation. The tactics Repub- vote for Donald Trump if he is the tant to deny President Obama an licans used to obstruct this President nominee. Publicly, at least, Repub- achievement than to help people in were unprecedented. In effect, the Re- licans are supporting a man who re- need. publican leader told the President that fused to denounce the KKK—a man Think about the monumental legisla- none of his policies would get a fair who continues to denigrate immi- tion Republicans refused to even en- hearing from Republicans, and that is grants, Muslims, and the disabled. gage in, let alone work on: basically true. Republicans denied the Donald Trump is the standard bearer The American Recovery and Rein- Office of the President the respect it for the Republican Party. Republicans vestment Act, known as the stimulus, deserves, and their shoddy and dis- created him by spending 7 years ap- when our economy was in a nosedive— respectful treatment became the norm. pealing to some of the darkest forces in In 6 years, the Republican leader in a nosedive. Remember, when Obama America. It is up to Republicans to try launched more than 500 filibusters. was elected, that month he was elected and undo what they have done by de- During the same 6-year period, Lyndon the country lost 800,000 jobs in 1 nouncing Donald Trump. It is time for Johnson, in 6 years, had overcome 2 month. We were in the throes of the Republicans to stop the Frankenstein filibusters—500 to 2. This is far more great recession, and yet it took an ef- they created. Trump is the GOP’s than anyone ever imagined could hap- fort to get a mere three Republicans to Frankenstein monster. If Republicans work with us on that legislation. Very pen in this great body. Actions speak louder than words. fail to stop Donald Trump, it will tear important. They were strong, they Automatically filibustering the Presi- the party apart even more than it is were courageous—Specter, COLLINS, dent’s policies for years on end sends a now. and Snowe. Republican leadership clear and simple message: Republicans Will the Chair announce the business made it clear they didn’t want their think this President’s proposals are il- of the day? Senators working with President legitimate. Instead of working for the f Obama on the stimulus, but we got it American people, Republicans decided RESERVATION OF LEADER TIME done. that making the extreme rightwing Health care. Before ObamaCare, The PRESIDING OFFICER. Under happy was more important. Repub- there were nearly 50 million Americans the previous order, the leadership time licans blocked legislation to prevent with no health insurance. Since then, criminals and suspected terrorists from is reserved. almost 20 million more Americans have buying guns, even background checks. f health coverage. Today, if you have a Republicans blocked commonsense COMPREHENSIVE ADDICTION AND preexisting disability, you are covered campaign finance reform. We had 59 with insurance. Today the rate of no RECOVERY ACT OF 2015 votes to allow some disclosure of all The PRESIDING OFFICER. Under insurance is below 10 percent. This is these huge amounts of money; not a the previous order, the motion to pro- all in spite of congressional Repub- single Republican voted with us—not a ceed to S. 524 is agreed to. licans who would not work with Demo- single Republican. Republicans voted crats despite our best efforts. They re- The clerk will report the bill. to deport DREAMers. Republicans The legislative clerk read as follows: fused to do anything to engage in any blocked an increase in the minimum way. When the debate over health care A bill (S. 524) to authorize the Attorney wage. Republicans blocked equal pay General to award grants to address the na- started, three Republicans—Senators for women. Republicans blocked efforts Snowe, GRASSLEY, and ENZI, very im- tional epidemics of prescription opioid abuse to do something about student loan and heroin use. portant Members of the Finance Com- debt. Now Republicans are blocking the mittee—acted interested in fixing our Thereupon, the Senate proceeded to nominee of the Supreme Court before consider the bill, which had been re- Nation’s health care system, but Re- that person has even been nominated. publican leadership twisted their arms ported from the Committee on the Ju- This is just a short list of what they diciary, with an amendment to strike to convince them—whatever words we have blocked. all after the enacting clause and insert want to use—to get them in line with From this rhetoric to their actions, in lieu thereof the following: the Republican leader’s wishes and the Republicans have set the Trump abandoned any hope of bipartisanship standards. The Republican Party has S. 524 on the issue. So there was none. Sen- long used Islam to fearmonger. Now SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ator Snowe brought up a bill in the Fi- Donald Trump is doing the same thing. (a) SHORT TITLE.—This Act may be cited as nance Committee, but the Republican The Republican Party has spent years the ‘‘Comprehensive Addiction and Recovery Act of 2016’’. leadership turned it into a ‘‘no’’ vote railing against Latinos and immi- (b) TABLE OF CONTENTS.—The table of con- on the Senator floor, and the senior grants, trying to incite fear and panic. tents for this Act is as follows: Senator from Iowa went back to Iowa Congressman STEVE KING called immi- Sec. 1. Short title; table of contents. and started talking about death panels. grants drug dealers and described their Sec. 2. Findings. Doesn’t that sound like something bodies in a very negative, ugly way. Sec. 3. Definitions. Donald Trump would do? Now Donald Trump is saying the same TITLE I—PREVENTION AND EDUCATION Wall Street and Dodd-Frank legisla- thing. Donald Trump is the ultimate Sec. 101. Development of best practices for the tion, when Wall Street crashed. I can fulfillment of the Republicans’ legacy use of prescription opioids. remember being in the White House of obstruction and resentment, but to Sec. 102. Awareness campaigns. with the Republican Secretary of the be frank, it is not only Trump. Senator Sec. 103. Community-based coalition enhance- Treasury, a wonderful man. Secretary CRUZ, Senator RUBIO, and Ben Carson ment grants to address local drug Paulson was on his knees begging are saying basically the same thing— crises. to work with him. The maybe a little more subtle, but they TITLE II—LAW ENFORCEMENT AND country was in deep trouble. Demo- are saying the same thing. After all, TREATMENT crats controlled the body. We had a Re- this is the same party—the Republican Sec. 201. Treatment alternative to incarceration publican President, and we worked Party—that just yesterday saw nine of programs. with a Republican President. its Members vote against naming a Sec. 202. First responder training for the use of In the shadow of economic ruin cre- drugs and devices that rapidly re- post office after world-famous poet and verse the effects of opioids. ated by Wall Street’s unhinged greed, civil rights activist . It Sec. 203. Prescription drug take back expan- Republicans would not work with us to is hard to believe. sion. rein in the big banks and financial in- Even as the establishment condemns Sec. 204. Heroin and methamphetamine task stitutions. They had been warned by what Donald Trump says and does, the forces.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 6343 E:\CR\FM\G02MR6.003 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1172 CONGRESSIONAL RECORD — SENATE March 2, 2016 TITLE III—TREATMENT AND RECOVERY many prescription opioid users have turned to risk for substance abuse than the general popu- Sec. 301. Evidence-based opioid and heroin heroin as a cheaper or more easily obtained al- lation, and the presence of a mental illness com- treatment and interventions dem- ternative to prescription drugs. plicates recovery from substance abuse. onstration. (7) According to a report by the National As- SEC. 3. DEFINITIONS. Sec. 302. Criminal justice medication assisted sociation of State Alcohol and Drug Abuse Di- In this Act— treatment and interventions dem- rectors (commonly referred to as ‘‘NASADAD’’), (1) the term ‘‘medication assisted treatment’’ onstration. 37 States reported an increase in admissions to means the use, for problems relating to heroin Sec. 303. National youth recovery initiative. treatment for heroin use during the past 2 years, and other opioids, of medications approved by Sec. 304. Building communities of recovery. while admissions to treatment for prescription the Food and Drug Administration in combina- opiates increased 500 percent from 2000 to 2012. TITLE IV—ADDRESSING COLLATERAL tion with counseling and behavioral therapies; (8) Research indicates that combating the CONSEQUENCES (2) the term ‘‘opioid’’ means any drug having opioid crisis, including abuse of prescription an addiction-forming or addiction-sustaining li- Sec. 401. Correctional education demonstration painkillers and, increasingly, heroin, requires a grant program. ability similar to morphine or being capable of multi-pronged approach that involves preven- conversion into a drug having such addiction- Sec. 402. National Task Force on Recovery and tion, education, monitoring, law enforcement Collateral Consequences. forming or addiction-sustaining liability; and initiatives, reducing drug diversion and the sup- (3) the term ‘‘State’’ means any State of the TITLE V—ADDICTION AND TREATMENT ply of illicit drugs, expanding delivery of exist- United States, the District of Columbia, the SERVICES FOR WOMEN, FAMILIES, AND ing treatments (including medication assisted Commonwealth of Puerto Rico, and any terri- VETERANS treatments), expanding access to overdose medi- tory or possession of the United States. Sec. 501. Improving treatment for pregnant and cations and interventions, and the development TITLE I—PREVENTION AND EDUCATION postpartum women. of new medications for pain that can augment Sec. 502. Report on grants for family-based sub- the existing treatment arsenal. SEC. 101. DEVELOPMENT OF BEST PRACTICES stance abuse treatment. (9) Substance use disorders are a treatable dis- FOR THE USE OF PRESCRIPTION Sec. 503. Veterans’ treatment courts. ease. Discoveries in the science of addiction OPIOIDS. have led to advances in the treatment of sub- (a) DEFINITIONS.—In this section— TITLE VI—INCENTIVIZING STATE COM- stance use disorders that help people stop abus- (1) the term ‘‘Secretary’’ means the Secretary PREHENSIVE INITIATIVES TO ADDRESS ing drugs and prescription medications and re- of Health and Human Services; and OPIOID AND HEROIN ABUSE sume their productive lives. (2) the term ‘‘task force’’ means the Pain Sec. 601. State demonstration grants for com- (10) According to the National Survey on Management Best Practices Inter-Agency Task prehensive opioid abuse response. Drug Use and Health, approximately 22,700,000 Force convened under subsection (b). TITLE VII—MISCELLANEOUS people in the United States needed substance (b) INTER-AGENCY TASK FORCE.—Not later Sec. 701. GAO report on IMD exclusion. use disorder treatment in 2013, but only 2,500,000 than December 14, 2018, the Secretary, in co- Sec. 702. Funding. people received it. Furthermore, current treat- operation with the Secretary of Veterans Af- Sec. 703. Conforming amendments. ment services are not adequate to meet demand. fairs, the Secretary of Defense, and the Admin- Sec. 704. Grant accountability. According to a report commissioned by the Sub- istrator of the Drug Enforcement Administra- SEC. 2. FINDINGS. stance Abuse and Mental Health Services Ad- tion, shall convene a Pain Management Best Congress finds the following: ministration (commonly known as ‘‘SAMHSA’’), Practices Inter-Agency Task Force to review, (1) The abuse of heroin and prescription there are approximately 32 providers for every modify, and update, as appropriate, best prac- opioid painkillers is having a devastating effect 1,000 individuals needing substance use disorder tices for pain management (including chronic on public health and safety in communities treatment. In some States, the ratio is much and acute pain) and prescribing pain medica- across the United States. According to the Cen- lower. tion. ters for Disease Control and Prevention, drug (11) The overall cost of drug abuse, from (c) MEMBERSHIP.—The task force shall be overdose deaths now surpass traffic crashes in health care- and criminal justice-related costs to comprised of— the number of deaths caused by injury in the lost productivity, is steep, totaling more than (1) representatives of— United States. In 2014, an average of more than $700,000,000,000 a year, according to NIDA. Ef- (A) the Department of Health and Human fective substance abuse prevention can yield 120 people in the United States died from drug Services; major economic dividends. overdoses every day. (B) the Department of Veterans Affairs; (12) According to NIDA, when schools and (2) According to the National Institute on (C) the Food and Drug Administration; communities properly implement science-vali- Drug Abuse (commonly known as ‘‘NIDA’’), the (D) the Department of Defense; dated substance abuse prevention programs, (E) the Drug Enforcement Administration; number of prescriptions for opioids increased abuse of alcohol, tobacco, and illicit drugs is re- (F) the Centers for Disease Control and Pre- from approximately 76,000,000 in 1991 to nearly duced. Such programs help teachers, parents, vention; 207,000,000 in 2013, and the United States is the and healthcare professionals shape the percep- (G) the National Academy of Medicine; biggest consumer of opioids globally, accounting tions of youths about the risks of drug abuse. (H) the National Institutes of Health; and for almost 100 percent of the world total for (13) Diverting certain individuals with sub- (I) the Office of National Drug Control Policy; hydrocodone and 81 percent for oxycodone. stance use disorders from criminal justice sys- (2) physicians, dentists, and non-physician (3) Opioid pain relievers are the most widely tems into community-based treatment can save prescribers; misused or abused controlled prescription drugs billions of dollars and prevent sizeable numbers (3) pharmacists; (commonly referred to as ‘‘CPDs’’) and are in- of crimes, arrests, and re-incarcerations over the (4) experts in the fields of pain research and volved in most CPD-related overdose incidents. course of those individuals’ lives. addiction research; According to the Drug Abuse Warning Network (14) According to the DEA, more than 2,700 (5) representatives of— (commonly known as ‘‘DAWN’’), the estimated tons of expired, unwanted prescription medica- (A) pain management professional organiza- number of emergency department visits involv- tions have been collected since the enactment of tions; ing nonmedical use of prescription opiates or the Secure and Responsible Drug Disposal Act (B) the mental health treatment community; opioids increased by 112 percent between 2006 of 2010 (Public Law 111–273; 124 Stat. 2858). (C) the addiction treatment community; and 2010, from 84,671 to 179,787. (15) Faith-based, holistic, or drug-free models (D) pain advocacy groups; and (4) The use of heroin in the United States has can provide a critical path to successful recov- (E) groups with expertise around overdose re- also spiked sharply in recent years. According ery for a great number of people in the United versal; and to the most recent National Survey on Drug Use States. The 2015 membership survey conducted (6) other stakeholders, as the Secretary deter- and Health, more than 900,000 people in the by Alcoholics Anonymous (commonly known as mines appropriate. United States reported using heroin in 2014, ‘‘AA’’) found that 73 percent of AA members (d) DUTIES.—The task force shall— nearly a 35 percent increase from the previous were sober longer than 1 year and attended 2.5 (1) not later than 180 days after the date on year. Heroin overdose deaths more than tripled meetings per week. which the task force is convened under sub- from 2010 to 2014. (16) Research shows that combining treatment section (b), review, modify, and update, as ap- (5) The supply of cheap heroin available in medications with behavioral therapy is an effec- propriate, best practices for pain management the United States has increased dramatically as tive way to facilitate success for some patients. (including chronic and acute pain) and pre- well, largely due to the activity of Mexican drug Treatment approaches must be tailored to ad- scribing pain medication, taking into consider- trafficking organizations. The Drug Enforce- dress the drug abuse patterns and drug-related ation— ment Administration (commonly known as the medical, psychiatric, and social problems of (A) existing pain management research; ‘‘DEA’’) estimates that heroin seizures at the each individual. Different types of medications (B) recommendations from relevant con- Mexican border have more than doubled since may be useful at different stages of treatment or ferences; 2010, and heroin production in Mexico increased recovery to help a patient stop using drugs, stay (C) ongoing efforts at the State and local lev- 62 percent from 2013 to 2014. While only 8 per- in treatment, and avoid relapse. Patients have a els and by medical professional organizations to cent of State and local law enforcement officials range of options regarding their path to recov- develop improved pain management strategies, across the United States identified heroin as the ery and many have also successfully addressed including consideration of alternatives to greatest drug threat in their area in 2008, that drug abuse through the use of faith-based, ho- opioids to reduce opioid monotherapy in appro- number rose to 38 percent in 2015. listic, or drug-free models. priate cases; (6) Law enforcement officials and treatment (17) Individuals with mental illness, especially (D) the management of high-risk populations, experts throughout the country report that severe mental illness, are at considerably higher other than populations who suffer pain, who—

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 6333 E:\CR\FM\A02MR6.001 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1173 (i) may use or be prescribed benzodiazepines, ‘‘(i) significantly higher than the national av- (ii) a serious drug offense, as defined under alcohol, and diverted opioids; or erage as determined by the Attorney General section 924(e)(2)(A) of title 18, United States (ii) receive opioids in the course of medical (including appropriate consideration of the re- Code; care; and sults of the Monitoring the Future Survey pub- (B) has a current— (E) the Proposed 2016 Guideline for Pre- lished by the National Institute on Drug Abuse (i) substance use disorder; or scribing Opioids for Chronic Pain issued by the and the National Survey on Drug Use and (ii) co-occurring mental illness and substance Centers for Disease Control and Prevention (80 Health published by the Substance Abuse and use disorder; and Fed. Reg. 77351 (December 14, 2015)) and any Mental Health Services Administration); or (C) has been approved for participation in a final guidelines issued by the Centers for Dis- ‘‘(ii) higher than the national average, as de- program funded under this section by, as appli- ease Control and Prevention; termined by the Attorney General (including ap- cable depending on the stage of the criminal jus- (2) solicit and take into consideration public propriate consideration of the results of the sur- tice process, the relevant law enforcement agen- comment on the practices developed under para- veys described in clause (i)), over a sustained cy or prosecuting attorney, defense attorney, graph (1), amending such best practices if ap- period of time; and probation or corrections official, judge, or rep- propriate; and ‘‘(3) the term ‘local drug crisis’ means, with resentative from the relevant mental health or (3) develop a strategy for disseminating infor- respect to the area served by an eligible entity— substance abuse agency. (b) PROGRAM AUTHORIZED.—The Secretary of mation about the best practices to stakeholders, ‘‘(A) a sudden increase in the abuse of opioids Health and Human Services, in coordination as appropriate. or methamphetamines, as documented by local with the Attorney General, may make grants to (e) LIMITATION.—The task force shall not data; or eligible entities to— have rulemaking authority. ‘‘(B) the abuse of prescription medications, (1) develop, implement, or expand a treatment (f) REPORT.—Not later than 270 days after the specifically opioids or methamphetamines, that alternative to incarceration program for eligible date on which the task force is convened under is significantly higher than the national aver- participants, including— subsection (b), the task force shall submit to age, over a sustained period of time, as docu- (A) pre-booking, including pre-arrest, treat- Congress a report that includes— mented by local data. ment alternative to incarceration programs, in- (1) the strategy for disseminating best prac- ‘‘(b) PROGRAM AUTHORIZED.—The Attorney cluding— tices for pain management (including chronic General, in coordination with the Director of (i) law enforcement training on substance use and acute pain) and prescribing pain medica- the Office of National Drug Control Policy, may disorders and co-occurring mental illness and tion, as reviewed, modified, or updated under make grants to eligible entities to implement substance use disorders; subsection (d); comprehensive community-wide strategies that (ii) receiving centers as alternatives to incar- (2) the results of a feasibility study on linking address local drug crises within the area served ceration of eligible participants; the best practices described in paragraph (1) to by the eligible entity. (iii) specialized response units for calls related receiving and renewing registrations under sec- ‘‘(c) APPLICATION.— to substance use disorders and co-occurring tion 303(f) of the Controlled Substances Act (21 ‘‘(1) IN GENERAL.—An eligible entity seeking a mental illness and substance use disorders; and U.S.C. 823(f)); and grant under this section shall submit an appli- (iv) other pre-arrest or pre-booking treatment (3) recommendations for effectively applying cation to the Attorney General at such time, in alternative to incarceration models; and the best practices described in paragraph (1) to such manner, and accompanied by such infor- (B) post-booking treatment alternative to in- improve prescribing practices at medical facili- mation as the Attorney General may require. carceration programs, including— ties, including medical facilities of the Veterans ‘‘(2) CRITERIA.—As part of an application for (i) specialized clinical case management; Health Administration. a grant under this section, the Attorney General (ii) pre-trial services related to substance use disorders and co-occurring mental illness and SEC. 102. AWARENESS CAMPAIGNS. shall require an eligible entity to submit a de- tailed, comprehensive, multi-sector plan for ad- substance use disorders; (a) IN GENERAL.—The Secretary of Health and (iii) prosecutor and defender based programs; Human Services, in coordination with the Attor- dressing the local drug crisis within the area served by the eligible entity. (iv) specialized probation; ney General, shall advance the education and (v) programs utilizing the American Society of awareness of the public, providers, patients, and ‘‘(d) USE OF FUNDS.—An eligible entity shall use a grant received under this section— Addiction Medicine patient placement criteria; other appropriate entities regarding the risk of (vi) treatment and rehabilitation programs ‘‘(1) for programs designed to implement com- abuse of prescription opioid drugs if such prod- and recovery support services; and ucts are not taken as prescribed. prehensive community-wide prevention strate- (vii) drug courts, DWI courts, and veterans gies to address the local drug crisis in the area (b) DRUG-FREE MEDIA CAMPAIGN.— treatment courts; and (1) IN GENERAL.—The Office of National Drug served by the eligible entity, in accordance with (2) facilitate or enhance planning and col- Control Policy, in coordination with the Sec- the plan submitted under subsection (c)(2); and laboration between State criminal justice sys- retary of Health and Human Services and the ‘‘(2) to obtain specialized training and tech- tems and State substance abuse systems in order Attorney General, shall establish a national nical assistance from the organization funded to more efficiently and effectively carry out pro- drug awareness campaign. under section 4 of Public Law 107–82 (21 U.S.C. grams described in paragraph (1) that address 1521 note). (2) REQUIREMENTS.—The national drug problems related to the use of heroin and misuse awareness campaign required under paragraph ‘‘(e) SUPPLEMENT NOT SUPPLANT.—An eligible of prescription drugs among eligible partici- (1) shall— entity shall use Federal funds received under pants. (A) take into account the association between this section only to supplement the funds that (c) APPLICATION.— prescription opioid abuse and heroin use; would, in the absence of those Federal funds, be (1) IN GENERAL.—An eligible entity desiring a (B) emphasize the similarities between heroin made available from other Federal and non-Fed- grant under this section shall submit an appli- and prescription opioids and the effects of her- eral sources for the activities described in this cation to the Secretary of Health and Human oin and prescription opioids on the human section, and not to supplant those funds. Services— body; and ‘‘(f) EVALUATION.—A grant under this section (A) that meets the criteria under paragraph (C) bring greater public awareness to the dan- shall be subject to the same evaluation require- (2); and gerous effects of fentanyl when mixed with her- ments and procedures as the evaluation require- (B) at such time, in such manner, and accom- oin or abused in a similar manner. ments and procedures imposed on the recipient panied by such information as the Secretary of of a grant under the Drug-Free Communities Health and Human Services may require. SEC. 103. COMMUNITY-BASED COALITION EN- Act of 1997. (2) CRITERIA.—An eligible entity, in submit- HANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. ‘‘(g) LIMITATION ON ADMINISTRATIVE EX- ting an application under paragraph (1), shall— (A) provide extensive evidence of collaboration Part II of title I of the Omnibus Crime Control PENSES.—Not more than 8 percent of the with State and local government agencies over- and Safe Streets Act of 1968 (42 U.S.C. 3797cc et amounts made available pursuant to subsection seeing health, community corrections, courts, seq.) is amended by striking section 2997 and in- (i) for a fiscal year may be used by the Attorney prosecution, substance abuse, mental health, serting the following: General to pay for administrative expenses.’’. victims services, and employment services, and ‘‘SEC. 2997. COMMUNITY-BASED COALITION EN- TITLE II—LAW ENFORCEMENT AND TREATMENT with local law enforcement agencies; HANCEMENT GRANTS TO ADDRESS (B) demonstrate consultation with the Single LOCAL DRUG CRISES. SEC. 201. TREATMENT ALTERNATIVE TO INCAR- State Authority for Substance Abuse; ‘‘(a) DEFINITIONS.—In this section— CERATION PROGRAMS. (C) demonstrate consultation with the Single ‘‘(1) the term ‘Drug-Free Communities Act of (a) DEFINITIONS.—In this section: State criminal justice planning agency; 1997’ means chapter 2 of the National Narcotics (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- (D) demonstrate that evidence-based treat- Leadership Act of 1988 (21 U.S.C. 1521 et seq.); ty’’ means a State, unit of local government, In- ment practices, including if applicable the use of ‘‘(2) the term ‘eligible entity’ means an organi- dian tribe, or nonprofit organization. medication assisted treatment, will be utilized; zation that— (2) ELIGIBLE PARTICIPANT.—The term ‘‘eligible and ‘‘(A) on or before the date of submitting an participant’’ means an individual who— (E) demonstrate that evidenced-based screen- application for a grant under this section, re- (A) comes into contact with the juvenile jus- ing and assessment tools will be utilized to place ceives or has received a grant under the Drug- tice system or criminal justice system or is ar- participants in the treatment alternative to in- Free Communities Act of 1997; and rested or charged with an offense that is not— carceration program. ‘‘(B) has documented, using local data, rates (i) a crime of violence, as defined under appli- (d) REQUIREMENTS.—Each eligible entity of abuse of opioids or methamphetamines at lev- cable State law or section 16 of title 18, United awarded a grant for a treatment alternative to els that are— States Code; or incarceration program under this section shall—

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 6333 E:\CR\FM\A02MR6.001 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1174 CONGRESSIONAL RECORD — SENATE March 2, 2016 (1) determine the terms and conditions of par- justice agencies of the State that proposes to use ‘‘(1) experienced a prescription opioid or her- ticipation in the program by eligible partici- grant funds to facilitate or enhance planning oin overdose; or pants, taking into consideration the collateral and collaboration between the agencies, includ- ‘‘(2) been determined to have likely experi- consequences of an arrest, prosecution, or crimi- ing coordination to better address the needs of enced a prescription opioid or heroin overdose. nal conviction; incarcerated populations; and ‘‘(c) APPLICATION.— (2) ensure that each substance abuse and (2) a State that— ‘‘(1) IN GENERAL.—An eligible entity seeking a mental health treatment component is licensed (A) provides civil liability protection for first grant under this section shall submit an appli- and qualified by the relevant jurisdiction; responders, health professionals, and family cation to the Secretary— (3) for programs described in subsection (b)(2), members who have received appropriate training ‘‘(A) that meets the criteria under paragraph organize an enforcement unit comprised of ap- in the administration of naloxone in admin- (2); and propriately trained law enforcement profes- istering naloxone to counteract opioid ‘‘(B) at such time, in such manner, and ac- sionals under the supervision of the State, trib- overdoses; and companied by such information as the Secretary al, or local criminal justice agency involved, the (B) submits to the Secretary a certification by may require. duties of which shall include— the attorney general of the State that the attor- ‘‘(2) CRITERIA.—An eligible entity, in submit- (A) the verification of addresses and other ney general has— ting an application under paragraph (1), shall— contacts of each eligible participant who partici- (i) reviewed any applicable civil liability pro- ‘‘(A) describe the evidence-based methodology pates or desires to participate in the program; tection law to determine the applicability of the and outcome measurements that will be used to and law with respect to first responders, health care evaluate the program funded with a grant (B) if necessary, the location, apprehension, professionals, family members, and other indi- under this section, and specifically explain how arrest, and return to court of an eligible partici- viduals who— such measurements will provide valid measures pant in the program who has absconded from (I) have received appropriate training in the of the impact of the program; the facility of a treatment provider or has other- administration of naloxone; and ‘‘(B) describe how the program could be wise violated the terms and conditions of the (II) may administer naloxone to individuals broadly replicated if demonstrated to be effec- program, consistent with Federal and State con- reasonably believed to be suffering from opioid tive; fidentiality requirements; overdose; and ‘‘(C) identify the governmental and commu- (4) notify the relevant criminal justice entity (ii) concluded that the law described in sub- nity agencies that the program will coordinate; if any eligible participant in the program ab- paragraph (A) provides adequate civil liability and sconds from the facility of the treatment pro- protection applicable to such persons. ‘‘(D) describe how law enforcement agencies vider or otherwise violates the terms and condi- (i) REPORTS AND EVALUATIONS.— will coordinate with their corresponding State tions of the program, consistent with Federal (1) IN GENERAL.—Each fiscal year, each recipi- substance abuse and mental health agencies to and State confidentiality requirements; ent of a grant under this section during that fis- identify protocols and resources that are avail- (5) submit periodic reports on the progress of cal year shall submit to the Secretary of Health able to victims and families, including informa- treatment or other measured outcomes from par- and Human Services a report on the outcomes of tion on treatment and recovery resources. ticipation in the program of each eligible partic- activities carried out using that grant in such ‘‘(d) USE OF FUNDS.—An eligible entity shall ipant in the program to the relevant State, trib- form, containing such information, and on such use a grant received under this section to— al, or local criminal justice agency; dates as the Secretary of Health and Human ‘‘(1) make such opioid overdose reversal drugs (6) describe the evidence-based methodology Services shall specify. or devices that are approved by the Food and and outcome measurements that will be used to (2) CONTENTS.—A report submitted under Drug Administration, such as naloxone, avail- evaluate the program, and specifically explain paragraph (1) shall— able to be carried and administered by first re- how such measurements will provide valid meas- (A) describe best practices for treatment alter- sponders; ures of the impact of the program; and natives; and ‘‘(2) train and provide resources for first re- (7) describe how the program could be broadly (B) identify training requirements for law en- sponders on carrying an opioid overdose rever- replicated if demonstrated to be effective. forcement officers who participate in treatment sal drug or device approved by the Food and (e) USE OF FUNDS.—An eligible entity shall alternative to incarceration programs. Drug Administration, such as naloxone, and ad- use a grant received under this section for ex- (j) FUNDING.—During the 5-year period begin- ministering the drug or device to an individual penses of a treatment alternative to incarcer- ning on the date of enactment of this Act, the who has experienced, or has been determined to ation program, including— Secretary of Health and Human Services shall have likely experienced, a prescription opioid or (1) salaries, personnel costs, equipment costs, carry out this section using funds made avail- heroin overdose; and and other costs directly related to the operation able to the Substance Abuse and Mental Health ‘‘(3) establish processes, protocols, and mecha- of the program, including the enforcement unit; Services Administration for Criminal Justice Ac- nisms for referral to appropriate treatment. (2) payments for treatment providers that are tivities. ‘‘(e) TECHNICAL ASSISTANCE GRANTS.—The approved by the relevant State or tribal jurisdic- SEC. 202. FIRST RESPONDER TRAINING FOR THE Secretary shall make a grant for the purpose of tion and licensed, if necessary, to provide need- USE OF DRUGS AND DEVICES THAT providing technical assistance and training on ed treatment to eligible participants in the pro- RAPIDLY REVERSE THE EFFECTS OF the use of an opioid overdose reversal drug, gram, including medication assisted treatment, OPIOIDS. such as naloxone, to respond to an individual aftercare supervision, vocational training, edu- Part II of title I of the Omnibus Crime Control who has experienced, or has been determined to cation, and job placement; and Safe Streets Act of 1968 (42 U.S.C. 3797cc et have likely experienced, a prescription opioid or (3) payments to public and nonprofit private seq.), as amended by section 103, is amended by heroin overdose, and mechanisms for referral to entities that are approved by the State or tribal adding at the end the following: appropriate treatment for an eligible entity re- jurisdiction and licensed, if necessary, to pro- ‘‘SEC. 2998. FIRST RESPONDER TRAINING FOR ceiving a grant under this section. vide alcohol and drug addiction treatment and THE USE OF DRUGS AND DEVICES ‘‘(f) EVALUATION.—The Secretary shall con- mental health treatment to eligible participants THAT RAPIDLY REVERSE THE EF- duct an evaluation of grants made under this in the program; and FECTS OF OPIOIDS. section to determine— (4) salaries, personnel costs, and other costs ‘‘(a) DEFINITION.—In this section— ‘‘(1) the number of first responders equipped related to strategic planning among State and ‘‘(1) the terms ‘drug’ and ‘device’ have the with naloxone, or another opioid overdose rever- local government agencies. meanings given those terms in section 201 of the sal drug, for the prevention of fatal opioid and (f) SUPPLEMENT NOT SUPPLANT.—An eligible Federal Food, Drug, and Cosmetic Act (21 heroin overdose; entity shall use Federal funds received under U.S.C. 321); ‘‘(2) the number of opioid and heroin this section only to supplement the funds that ‘‘(2) the term ‘eligible entity’ means a State, a overdoses reversed by first responders receiving would, in the absence of those Federal funds, be unit of local government, or an Indian tribal training and supplies of naloxone, or another made available from other Federal and non-Fed- government; opioid overdose reversal drug, through a grant eral sources for the activities described in this ‘‘(3) the term ‘first responder’ includes a fire- received under this section; section, and not to supplant those funds. fighter, law enforcement officer, paramedic, ‘‘(3) the number of calls for service related to (g) GEOGRAPHIC DISTRIBUTION.—The Sec- emergency medical technician, or other indi- opioid and heroin overdose; retary of Health and Human Services shall en- vidual (including an employee of a legally orga- ‘‘(4) the extent to which overdose victims and sure that, to the extent practicable, the geo- nized and recognized volunteer organization, families receive information about treatment graphical distribution of grants under this sec- whether compensated or not), who, in the services and available data describing treatment tion is equitable and includes a grant to an eli- course of professional duties, responds to fire, admissions; and gible entity in— medical, hazardous material, or other similar ‘‘(5) the research, training, and naloxone, or (1) each State; emergencies; and another opioid overdose reversal drug, supply (2) rural, suburban, and urban areas; and ‘‘(4) the term ‘Secretary’ means the Secretary needs of first responder agencies, including (3) tribal jurisdictions. of Health and Human Services. those agencies that are not receiving grants (h) PRIORITY CONSIDERATION WITH RESPECT ‘‘(b) PROGRAM AUTHORIZED.—The Secretary, under this section. TO STATES.—In awarding grants to States under in coordination with the Attorney General, may ‘‘(g) RURAL AREAS WITH LIMITED ACCESS TO this section, the Secretary of Health and Human make grants to eligible entities to allow appro- EMERGENCY MEDICAL SERVICES.—In making Services shall give priority to— priately trained first responders to administer grants under this section, the Secretary shall (1) a State that submits a joint application an opioid overdose reversal drug to an indi- ensure that not less than 25 percent of grant from the substance abuse agencies and criminal vidual who has— funds are awarded to eligible entities that are

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PRESCRIPTION DRUG TAKE BACK EX- or tribal organizations that have a high rate, or and treatment providers on medication assisted PANSION. have had a rapid increase, in the use of heroin treatment; (a) DEFINITION OF COVERED ENTITY.—In this or other opioids, in order to permit such entities (3) cross-training personnel providing behav- section, the term ‘‘covered entity’’ means— to expand activities, including an expansion in ioral health and health services, administration (1) a State, local, or tribal law enforcement the availability of medication assisted treatment of medicines, and other administrative expenses, agency; and other clinically appropriate services, with including required reports; and (2) a manufacturer, distributor, or reverse dis- respect to the treatment of addiction in the spe- (4) the provision of recovery coaches who are tributor of prescription medications; cific geographical areas of such entities where responsible for providing mentorship and transi- (3) a retail pharmacy; there is a high rate or rapid increase in the use tion plans to individuals reentering society fol- (4) a registered narcotic treatment program; of heroin or other opioids. lowing incarceration or alternatives to incarcer- (5) a hospital or clinic with an on-site phar- ‘‘(2) NATURE OF ACTIVITIES.—The grant funds ation. macy; awarded under paragraph (1) shall be used for (e) PRIORITY CONSIDERATION WITH RESPECT (6) an eligible long-term care facility; or activities that are based on reliable scientific TO STATES.—In awarding grants to States under (7) any other entity authorized by the Drug evidence of efficacy in the treatment of problems this section, the Secretary shall give priority to Enforcement Administration to dispose of pre- related to heroin or other opioids. a State that— scription medications. ‘‘(c) GEOGRAPHIC DISTRIBUTION.—The Sec- (1) provides civil liability protection for first (b) PROGRAM AUTHORIZED.—The Attorney retary shall ensure that grants awarded under responders, health professionals, and family General, in coordination with the Administrator subsection (b) are distributed equitably among members who have received appropriate training of the Drug Enforcement Administration, the the various regions of the United States and in the administration of naloxone in admin- Secretary of Health and Human Services, and among rural, urban, and suburban areas that istering naloxone to counteract opioid the Director of the Office of National Drug Con- are affected by the use of heroin or other overdoses; and trol Policy, shall coordinate with covered enti- opioids. (2) submits to the Secretary a certification by ties in expanding or making available disposal ‘‘(d) ADDITIONAL ACTIVITIES.—In admin- the attorney general of the State that the attor- sites for unwanted prescription medications. istering grants under subsection (b), the Sec- ney general has— SEC. 204. HEROIN AND METHAMPHETAMINE TASK retary shall— (A) reviewed any applicable civil liability pro- FORCES. ‘‘(1) evaluate the activities supported by tection law to determine the applicability of the Part II of title I of the Omnibus Crime Control grants awarded under subsection (b); law with respect to first responders, health care and Safe Streets Act of 1968 (42 U.S.C. 3797cc et ‘‘(2) disseminate information, as appropriate, professionals, family members, and other indi- seq.), as amended by section 202, is amended by derived from the evaluation as the Secretary viduals who— adding at the end the following: considers appropriate; (i) have received appropriate training in the administration of naloxone; and ‘‘SEC. 2999. HEROIN AND METHAMPHETAMINE ‘‘(3) provide States, Indian tribes and tribal TASK FORCES. organizations, and providers with technical as- (ii) may administer naloxone to individuals ‘‘The Attorney General may make grants to sistance in connection with the provision of reasonably believed to be suffering from opioid State law enforcement agencies for investigative treatment of problems related to heroin and overdose; and (B) concluded that the law described in sub- purposes— other opioids; and paragraph (A) provides adequate civil liability ‘‘(1) to locate or investigate illicit activities ‘‘(4) fund only those applications that specifi- protection applicable to such persons. through statewide collaboration, including ac- cally support recovery services as a critical com- (f) TECHNICAL ASSISTANCE.—The Secretary, in tivities related to— ponent of the grant program.’’. coordination with the Director of the National ‘‘(A) the distribution of heroin or fentanyl, or SEC. 302. CRIMINAL JUSTICE MEDICATION AS- Institute on Drug Abuse and the Attorney Gen- the unlawful distribution of prescription SISTED TREATMENT AND INTERVEN- eral, shall provide technical assistance and opioids; or TIONS DEMONSTRATION. training for an eligible entity receiving a grant ‘‘(B) unlawful heroin, fentanyl, and prescrip- (a) DEFINITIONS.—In this section— under this section. tion opioid traffickers; and (1) the term ‘‘criminal justice agency’’ means (g) REPORTS.— ‘‘(2) to locate or investigate illicit activities, a State, local, or tribal— (1) IN GENERAL.—An eligible entity receiving a including precursor diversion, laboratories, or (A) court; grant under this section shall submit a report to methamphetamine traffickers.’’. (B) prison; (C) jail; or the Secretary on the outcomes of each grant re- TITLE III—TREATMENT AND RECOVERY (D) other agency that performs the adminis- ceived under this section for individuals receiv- SEC. 301. EVIDENCE-BASED OPIOID AND HEROIN tration of criminal justice, including prosecu- ing medication assisted treatment, based on— TREATMENT AND INTERVENTIONS tion, pretrial services, and community super- (A) the recidivism of the individuals; DEMONSTRATION. vision; (B) the treatment outcomes of the individuals, Part II of title I of the Omnibus Crime Control (2) the term ‘‘eligible entity’’ means a State, including maintaining abstinence from illegal, and Safe Streets Act of 1968 (42 U.S.C. 3797cc et unit of local government, or Indian tribe; and unauthorized, and unprescribed or undispensed seq.), as amended by section 204, is amended by (3) the term ‘‘Secretary’’ means the Secretary opioids and heroin; adding at the end the following: of Health and Human Services. (C) a comparison of the cost of providing ‘‘SEC. 2999A. EVIDENCE-BASED OPIOID AND HER- (b) PROGRAM AUTHORIZED.—The Secretary, in medication assisted treatment to the cost of in- OIN TREATMENT AND INTERVEN- coordination with the Attorney General, may carceration or other participation in the crimi- TIONS DEMONSTRATION. make grants to eligible entities to implement nal justice system; ‘‘(a) DEFINITIONS.—In this section— medication assisted treatment programs through (D) the housing status of the individuals; and ‘‘(1) the terms ‘Indian tribe’ and ‘tribal orga- criminal justice agencies. (E) the employment status of the individuals. nization’ have the meaning given those terms in (c) APPLICATION.— (2) CONTENTS AND TIMING.—Each report de- section 4 of the Indian Health Care Improve- (1) IN GENERAL.—An eligible entity seeking a scribed in paragraph (1) shall be submitted an- ment Act (25 U.S.C. 1603)); grant under this section shall submit an appli- nually in such form, containing such informa- ‘‘(2) the term ‘medication assisted treatment’ cation to the Secretary— tion, and on such dates as the Secretary shall means the use, for problems relating to heroin (A) that meets the criteria under paragraph specify. and other opioids, of medications approved by (2); and (h) FUNDING.—During the 5-year period begin- the Food and Drug Administration in combina- (B) at such time, in such manner, and accom- ning on the date of enactment of this Act, the tion with counseling and behavioral therapies; panied by such information as the Secretary Secretary shall carry out this section using ‘‘(3) the term ‘Secretary’ means the Secretary may require. funds made available to the Substance Abuse of Health and Human Services; and (2) CRITERIA.—An eligible entity, in submit- and Mental Health Services Administration for ‘‘(4) the term ‘State substance abuse agency’ ting an application under paragraph (1), shall— Criminal Justice Activities. means the agency of a State responsible for the (A) certify that each medication assisted treat- SEC. 303. NATIONAL YOUTH RECOVERY INITIA- State prevention, treatment, and recovery sys- ment program funded with a grant under this TIVE. tem, including management of the Substance section has been developed in consultation with Part II of title I of the Omnibus Crime Control Abuse Prevention and Treatment Block Grant the Single State Authority for Substance Abuse; and Safe Streets Act of 1968 (42 U.S.C. 3797cc et under subpart II of part B of title XIX of the and seq.), as amended by section 301, is amended by Public Health Service Act (42 U.S.C. 300x–21 et (B) describe how data will be collected and adding at the end the following: seq.). analyzed to determine the effectiveness of the ‘‘SEC. 2999B. NATIONAL YOUTH RECOVERY INITIA- ‘‘(b) GRANTS.— program described in subparagraph (A). TIVE. ‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec- (d) USE OF FUNDS.—An eligible entity shall ‘‘(a) DEFINITIONS.—In this section: retary, acting through the Director of the Cen- use a grant received under this section for ex- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- ter for Substance Abuse Treatment of the Sub- penses of— ty’ means— stance Abuse and Mental Health Services Ad- (1) a medication assisted treatment program, ‘‘(A) a high school that has been accredited as ministration, and in coordination with the At- including the expenses of prescribing medica- a recovery high school by the Association of Re- torney General and other departments or agen- tions recognized by the Food and Drug Adminis- covery Schools;

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‘‘(B) an accredited high school that is seeking ‘‘(c) FEDERAL SHARE.—The Federal share of ‘‘(6) certification programs providing recog- to establish or expand recovery support services; the costs of a program funded by a grant under nized high school equivalency certificates and ‘‘(C) an institution of higher education; this section may not exceed 50 percent. industry recognized credentials; and ‘‘(D) a recovery program at a nonprofit colle- ‘‘(d) USE OF FUNDS.—Grants awarded under ‘‘(7) technology solutions to— giate institution; or subsection (b)— ‘‘(A) meet the instructional, assessment, and ‘‘(E) a nonprofit organization. ‘‘(1) shall be used to develop, expand, and en- information needs of correctional populations; ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The hance community and statewide recovery sup- and term ‘institution of higher education’ has the port services; and ‘‘(B) facilitate the continued participation of meaning given the term in section 101 of the ‘‘(2) may be used to— incarcerated students in community-based edu- Higher Education Act of 1965 (20 U.S.C. 1001). ‘‘(A) advocate for individuals in recovery from cation programs after the students are released ‘‘(3) RECOVERY PROGRAM.—The term ‘recovery substance use disorders; from incarceration. program’— ‘‘(B) build connections between recovery net- ‘‘(c) APPLICATION.—An eligible entity seeking ‘‘(A) means a program to help individuals who works, between recovery community organiza- a grant under this section shall submit to the are recovering from substance use disorders to tions, and with other recovery support services, Attorney General an application in such form initiate, stabilize, and maintain healthy and including— and manner, at such time, and accompanied by productive lives in the community; and ‘‘(i) substance use disorder treatment pro- such information as the Attorney General speci- ‘‘(B) includes peer-to-peer support and com- grams and systems; fies. munal activities to build recovery skills and sup- ‘‘(ii) providers of mental health services; ‘‘(d) PRIORITY CONSIDERATIONS.—In awarding portive social networks. ‘‘(iii) primary care providers and physicians; grants under this section, the Attorney General ‘‘(b) GRANTS AUTHORIZED.—The Secretary of ‘‘(iv) the criminal justice system; shall give priority to applicants that— Health and Human Services, in coordination ‘‘(v) employers; ‘‘(1) assess the level of risk and need of in- ‘‘(vi) housing services; with the Secretary of Education, may award mates, including by— ‘‘(vii) child welfare agencies; and grants to eligible entities to enable the entities ‘‘(A) assessing the need for English as a sec- ‘‘(viii) other recovery support services that fa- to— ond language instruction; cilitate recovery from substance use disorders; ‘‘(B) conducting educational assessments; and ‘‘(1) provide substance use recovery support ‘‘(C) reduce the stigma associated with sub- services to young people in high school and en- ‘‘(C) assessing occupational interests and ap- stance use disorders; titudes; rolled in institutions of higher education; ‘‘(D) conduct public education and outreach ‘‘(2) help build communities of support for ‘‘(2) target educational services to assessed on issues relating to substance use disorders and needs, including academic and occupational at young people in recovery through a spectrum of recovery, including— activities such as counseling and health- and the basic, secondary, or post-secondary level; ‘‘(i) how to identify the signs of addiction; ‘‘(3) target career technology education pro- wellness-oriented social activities; and ‘‘(ii) the resources that are available to indi- ‘‘(3) encourage initiatives designed to help grams to— viduals struggling with addiction and families ‘‘(A) areas of identified occupational demand; young people achieve and sustain recovery from who have a family member struggling with or substance use disorders. and being treated for addiction, including programs ‘‘(B) employment opportunities in the commu- ‘‘(c) USE OF FUNDS.—Grants awarded under that mentor and provide support services to chil- subsection (b) may be used for activities to de- nities in which students are reasonably expected dren; to reside post-release; velop, support, and maintain youth recovery ‘‘(iii) the resources that are available to help support services, including— ‘‘(4) include a range of appropriate edu- support individuals in recovery; and cational opportunities at the basic, secondary, ‘‘(1) the development and maintenance of a ‘‘(iv) information on the medical consequences dedicated physical space for recovery programs; and post-secondary levels; of substance use disorders, including neonatal ‘‘(5) include opportunities for students to at- ‘‘(2) dedicated staff for the provision of recov- abstinence syndrome and potential infection ery programs; tain industry recognized credentials; with human immunodeficiency virus and viral ‘‘(6) include partnership or articulation agree- ‘‘(3) health- and wellness-oriented social ac- hepatitis; and ments linking institutional education programs tivities and community engagement; ‘‘(E) carry out other activities that strengthen with community sited programs provided by ‘‘(4) establishment of recovery high schools; the network of community support for individ- adult education program providers and accred- ‘‘(5) coordination of recovery programs with— uals in recovery.’’. ited institutions of higher education, community ‘‘(A) substance use disorder treatment pro- TITLE IV—ADDRESSING COLLATERAL colleges, and vocational training institutions; grams and systems; CONSEQUENCES and ‘‘(B) providers of mental health services; ‘‘(7) explicitly include career pathways models ‘‘(C) primary care providers and physicians; SEC. 401. CORRECTIONAL EDUCATION DEM- ONSTRATION GRANT PROGRAM. offering opportunities for incarcerated students ‘‘(D) the criminal justice system, including the Part II of title I of the Omnibus Crime Control to develop academic skills, in-demand occupa- juvenile justice system; and Safe Streets Act of 1968 (42 U.S.C. 3797cc et tional skills and credentials, occupational expe- ‘‘(E) employers; seq.), as amended by section 304, is amended by rience in institutional work programs or work ‘‘(F) housing services; adding at the end the following: release programs, and linkages with employers ‘‘(G) child welfare services; in the community, so that incarcerated students ‘‘(H) high schools and institutions of higher ‘‘SEC. 2999D. CORRECTIONAL EDUCATION DEM- have opportunities to embark on careers with education; and ONSTRATION GRANT PROGRAM. strong prospects for both post-release employ- ‘‘(I) other programs or services related to the ‘‘(a) DEFINITION.—In this section, the term ‘el- ment and advancement in a career ladder over welfare of an individual in recovery from a sub- igible entity’ means a State, unit of local gov- time. stance use disorder; ernment, nonprofit organization, or Indian ‘‘(e) REQUIREMENTS.—An eligible entity desir- ‘‘(6) the development of peer-to-peer support tribe. ‘‘(b) GRANT PROGRAM AUTHORIZED.—The At- ing a grant under this section shall— programs or services; and torney General may make grants to eligible enti- ‘‘(1) describe the evidence-based methodology ‘‘(7) additional activities that help youths and ties to design, implement, and expand edu- and outcome measurements that will be used to young adults to achieve recovery from substance cational programs for offenders in prisons, jails, evaluate each program funded with a grant use disorders.’’. and juvenile facilities, including to pay for— under this section, and specifically explain how SEC. 304. BUILDING COMMUNITIES OF RECOVERY. ‘‘(1) basic education, secondary level academic such measurements will provide valid measures Part II of title I of the Omnibus Crime Control education, high school equivalency examination of the impact of the program; and and Safe Streets Act of 1968 (42 U.S.C. 3797cc et preparation, career technical education, and ‘‘(2) describe how the program described in seq.), as amended by section 303, is amended by English as a second language instruction at the paragraph (1) could be broadly replicated if adding at the end the following: basic, secondary, or post-secondary levels, for demonstrated to be effective. ‘‘SEC. 2999C. BUILDING COMMUNITIES OF RECOV- adult and juvenile populations; ‘‘(f) CONTROL OF INTERNET ACCESS.—An enti- ERY. ‘‘(2) screening and assessment of inmates to ty that receives a grant under this section may ‘‘(a) DEFINITION.—In this section, the term assess education level, needs, occupational in- restrict access to the Internet by prisoners, as ‘recovery community organization’ means an terest or aptitude, risk level, and other needs, appropriate and in accordance with Federal independent nonprofit organization that— and case management services; and State law, to ensure public safety.’’. ‘‘(1) mobilizes resources within and outside of ‘‘(3) hiring and training of instructors and SEC. 402. NATIONAL TASK FORCE ON RECOVERY the recovery community to increase the preva- aides, reimbursement of non-corrections staff AND COLLATERAL CONSEQUENCES. lence and quality of long-term recovery from and experts, reimbursement of stipends paid to (a) DEFINITION.—In this section, the term substance use disorders; and inmate tutors or aides, and the costs of training ‘‘collateral consequence’’ means a penalty, dis- ‘‘(2) is wholly or principally governed by peo- inmate tutors and aides; ability, or disadvantage imposed on an indi- ple in recovery for substance use disorders who ‘‘(4) instructional supplies and equipment, in- vidual who is in recovery for a substance use reflect the community served. cluding occupational program supplies and disorder (including by an administrative agen- ‘‘(b) GRANTS AUTHORIZED.—The Secretary of equipment to the extent that the supplies and cy, official, or civil court ) as a result of a Fed- Health and Human Services may award grants equipment are used for instructional purposes; eral or State conviction for a drug-related of- to recovery community organizations to enable ‘‘(5) partnerships and agreements with com- fense but not as part of the judgment of the such organizations to develop, expand, and en- munity colleges, universities, and career tech- court that imposes the conviction. hance recovery services. nology education program providers; (b) ESTABLISHMENT.—

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(1) IN GENERAL.—Not later than 30 days after of the Center for Substance Abuse Treatment, comes information from the pilot program, in- the date of enactment of this Act, the Attorney may carry out a pilot program under which the cluding any resulting reductions in the use of General shall establish a bipartisan task force to Secretary makes competitive grants to State sub- alcohol and other drugs, engagement in treat- be known as the Task Force on Recovery and stance abuse agencies to— ment services, retention in the appropriate level Collateral Consequences (in this section referred ‘‘(1) enhance flexibility in the use of funds de- and duration of services, increased access to the to as the ‘‘Task Force’’). signed to support family-based services for preg- use of drugs approved by the Food and Drug (2) MEMBERSHIP.— nant and postpartum women with a primary di- Administration for the treatment of substance (A) TOTAL NUMBER OF MEMBERS.—The Task agnosis of a substance use disorder, including use disorders in combination with counseling, Force shall include 10 members, who shall be ap- opioid use disorders; and other appropriate measures. pointed by the Attorney General in accordance ‘‘(2) help State substance abuse agencies ad- ‘‘(f) STATE SUBSTANCE ABUSE AGENCY DE- with subparagraphs (B) and (C). dress identified gaps in services furnished to FINED.—For purposes of this section, the term (B) MEMBERS OF THE TASK FORCE.—The Task such women along the continuum of care, in- ‘State substance abuse agency’ means, with re- Force shall include— cluding services provided to women in non-resi- spect to a State, the agency in such State that (i) members who have national recognition dential based settings; and manages the substance abuse prevention and and significant expertise in areas such as health ‘‘(3) promote a coordinated, effective, and effi- treatment block grant program under part B of care, housing, employment, substance use dis- cient State system managed by State substance title XIX of the Public Health Service Act.’’. orders, mental health, law enforcement, and abuse agencies by encouraging new approaches SEC. 502. REPORT ON GRANTS FOR FAMILY- law; and models of service delivery that are evidence- BASED SUBSTANCE ABUSE TREAT- (ii) not fewer than 2 members— based, including effective family-based programs MENT. (I) who have personally experienced substance for women involved with the criminal justice Section 2925 of the Omnibus Crime Control abuse or addiction and are in recovery; and system. and Safe Streets Act of 1968 (42 U.S.C. 3797s–4) is amended— (II) not fewer than 1 one of whom has bene- ‘‘(b) REQUIREMENTS.—In carrying out the (1) by striking ‘‘An entity’’ and inserting ‘‘(a) fitted from medication assisted treatment; and pilot program under this section, the Secretary— ENTITY REPORTS.—An entity’’; and ‘‘(1) shall require State substance abuse agen- (iii) to the extent practicable, members who (2) by adding at the end the following: formerly served as elected officials at the State cies to submit to the Secretary applications, in ‘‘(b) ATTORNEY GENERAL REPORT ON FAMILY- and Federal levels. such form and manner and containing such in- BASED SUBSTANCE ABUSE TREATMENT.—The At- (C) TIMING.—The Attorney General shall ap- formation as specified by the Secretary, to be el- torney General shall submit to Congress an an- point the members of the Task Force not later igible to receive a grant under the program; nual report that describes the number of grants than 60 days after the date on which the Task ‘‘(2) shall identify, based on such submitted awarded under section 2921(1) and how such Force is established under paragraph (1). applications, State substance abuse agencies grants are used by the recipients for family- (3) CHAIRPERSON.—The Task Force shall select that are eligible for such grants; based substance abuse treatment programs that a chairperson or co-chairpersons from among ‘‘(3) shall require services proposed to be fur- serve as alternatives to incarceration for custo- the members of the Task Force. nished through such a grant to support family- dial parents to receive treatment and services as (c) DUTIES OF THE TASK FORCE.— based treatment and other services for pregnant a family.’’. (1) IN GENERAL.—The Task Force shall— and postpartum women with a primary diag- SEC. 503. VETERANS’ TREATMENT COURTS. (A) identify collateral consequences for indi- nosis of a substance use disorder, including Section 2991(j)(1)(B)(ii) of title I of the Omni- viduals with Federal or State convictions for opioid use disorders; bus Crime Control and Safe Streets Act of 1968 drug-related offenses who are in recovery for ‘‘(4) shall not require that services furnished (42 U.S.C. 3797aa(j)(1)(B)(ii)) is amended— substance use disorder; and through such a grant be provided solely to (1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; (B) examine any policy basis for the imposi- women that reside in facilities; and (2) in subclause (I), as so designated, by strik- tion of collateral consequences identified under ‘‘(5) shall not require that grant recipients ing the period and inserting ‘‘; or’’; and subparagraph (A) and the effect of the collat- under the program make available all services (3) by adding at the end the following: eral consequences on individuals in recovery described in section 508(d) of the Public Health ‘‘(II) was discharged or released from such from resuming their personal and professional Service Act (42 U.S.C. 290bb–1(d)). service under dishonorable conditions, if the activities. ‘‘(c) REQUIRED SERVICES.— reason for that discharge or release, if known, is (2) RECOMMENDATIONS.—Not later than 180 ‘‘(1) IN GENERAL.—The Secretary shall specify attributable to drug use.’’. days after the date of the first meeting of the minimum services required to be made available TITLE VI—INCENTIVIZING STATE COM- Task Force, the Task Force shall develop rec- to eligible women through a grant awarded PREHENSIVE INITIATIVES TO ADDRESS ommendations, as it considers appropriate, for under the pilot program under this section. OPIOID AND HEROIN ABUSE proposed legislative and regulatory changes re- Such minimum services— SEC. 601. STATE DEMONSTRATION GRANTS FOR lated to the collateral consequences identified ‘‘(A) shall include the requirements described COMPREHENSIVE OPIOID ABUSE RE- under paragraph (1). in section 508(c) of the Public Health Service Act SPONSE. (3) COLLECTION OF INFORMATION.—The Task (42 U.S.C. 290bb–1(c)); (a) DEFINITIONS.—In this section— Force shall hold hearings, require the testimony ‘‘(B) may include any of the services described (1) the term ‘‘dispenser’’ has the meaning and attendance of witnesses, and secure infor- in section 508(d) of the Public Health Service given the term in section 102 of the Controlled mation from any department or agency of the Act (42 U.S.C. 290bb–1(d)); Substances Act (21 U.S.C. 802); United States in performing the duties under ‘‘(C) may include other services, as appro- (2) the term ‘‘prescriber of a schedule II, III, paragraphs (1) and (2). priate; and or IV controlled substance’’ does not include a (4) REPORT.— ‘‘(D) shall be based on the recommendations prescriber of a schedule II, III, or IV controlled (A) SUBMISSION TO EXECUTIVE BRANCH.—Not submitted under paragraph (2). substance that dispenses the substance— (A) for use on the premises on which the sub- later than 1 year after the date of the first meet- ‘‘(2) STAKEHOLDER INPUT.—The Secretary stance is dispensed; ing of the Task Force, the Task Force shall sub- shall convene and solicit recommendations from (B) in a hospital emergency room, when the mit a report detailing the findings and rec- stakeholders, including State substance abuse agencies, health care providers, persons in re- substance is in short supply; ommendations of the Task Force to— (C) for a certified opioid treatment program; (i) the head of each relevant department or covery from a substance use disorder, and other appropriate individuals, for the minimum serv- or agency of the United States; (D) in other situations as the Attorney Gen- ices described in paragraph (1). (ii) the President; and eral may reasonably determine; ‘‘(d) DURATION.—The pilot program under this (iii) the Vice President. (3) the term ‘‘prescriber’’ means a dispenser section shall not exceed 5 years. (B) SUBMISSION TO CONGRESS.—The individ- who prescribes a controlled substance, or the ‘‘(e) EVALUATION AND REPORT TO CONGRESS.— uals who receive the report under subparagraph agent of such a dispenser; and (A) shall submit to Congress such legislative rec- ‘‘(1) IN GENERAL.—Out of amounts made (4) the term ‘‘schedule II, III, or IV controlled ommendations, if any, as those individuals con- available to the Center for Behavioral Health substance’’ means a controlled substance that is sider appropriate based on the report. Statistics and Quality, the Director of the Cen- listed on schedule II, schedule III, or schedule ter for Behavioral Health Statistics and Quality, TITLE V—ADDICTION AND TREATMENT IV of section 202(c) of the Controlled Substances in cooperation with the recipients of grants Act (21 U.S.C. 812(c)). SERVICES FOR WOMEN, FAMILIES, AND under this section, shall conduct an evaluation VETERANS (b) PLANNING AND IMPLEMENTATION GRANTS.— of the pilot program, beginning 1 year after the (1) IN GENERAL.—The Attorney General, in co- SEC. 501. IMPROVING TREATMENT FOR PREG- date on which a grant is first awarded under ordination with the Secretary of Health and NANT AND POSTPARTUM WOMEN. this section. The Director of the Center for Be- Human Services and in consultation with the Part II of title I of the Omnibus Crime Control havioral Health Statistics and Quality, in co- Director of the Office of National Drug Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc et ordination with the Director of the Center for Policy, may award grants to States, and com- seq.), as amended by section 401, is amended by Substance Abuse Treatment, not later than 120 binations thereof, to prepare a comprehensive adding at the end the following: days after completion of such evaluation, shall plan for and implement an integrated opioid ‘‘SEC. 2999E. IMPROVING TREATMENT FOR PREG- submit to the relevant Committees of the Senate abuse response initiative. NANT AND POSTPARTUM WOMEN. and the House of Representatives a report on (2) PURPOSES.—A State receiving a grant ‘‘(a) IN GENERAL.—The Secretary of Health such evaluation. under this section shall establish a comprehen- and Human Services (referred to in this section ‘‘(2) CONTENTS.—The report to Congress under sive response to opioid abuse, which shall in- as the ‘Secretary’), acting through the Director paragraph (1) shall include, at a minimum, out- clude—

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 6333 E:\CR\FM\A02MR6.001 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1178 CONGRESSIONAL RECORD — SENATE March 2, 2016 (A) prevention and education efforts around use the grant for the cost of carrying out an in- nate, but may suspend, enrollment under the heroin and opioid use, treatment, and recovery, tegrated opioid abuse response program in ac- State plan for medical assistance under title including education of residents, medical stu- cordance with this section, including for tech- XIX of the Social Security Act (42 U.S.C. 1396 et dents, and physicians and other prescribers of nical assistance, training, and administrative seq.) for an individual who is incarcerated for a schedule II, III, or IV controlled substances on expenses. period of fewer than 2 years; relevant prescribing guidelines and the prescrip- (C) REQUIREMENTS.—An integrated opioid (C) has a process for enrollment in services tion drug monitoring program of the State ; abuse response program carried out using an im- and benefits necessary by criminal justice agen- (B) a comprehensive prescription drug moni- plementation grant under this section shall— cies to initiate or continue treatment in the com- toring program to track dispensing of schedule (i) require that each prescriber of a schedule munity, under which an individual who is in- II, III, or IV controlled substances, which II, III, or IV controlled substance in the State— carcerated may, while incarcerated, enroll in shall— (I) registers with the prescription drug moni- services and benefits that are necessary for the (i) provide for data sharing with other States toring program of the State; and individual to continue treatment upon release by statute, regulation, or interstate agreement; (II) consults the prescription drug monitoring from incarceration; and program database of the State before prescribing (D) ensures the capability of data sharing (ii) allow for access to all individuals author- a schedule II, III, or IV controlled substance; with other States, such as by making data avail- ized by the State to write prescriptions for (ii) require that each dispenser of a schedule able to a prescription monitoring hub; schedule II, III, or IV controlled substances on II, III, or IV controlled substance in the State— (E) ensures that data recorded in the prescrip- the prescription drug monitoring program of the (I) registers with the prescription drug moni- tion drug monitoring program database of the State. toring program of the State; State is available within 24 hours, to the extent (C) developing, implementing, or expanding (II) consults the prescription drug monitoring possible; and prescription drug and opioid addiction treat- program database of the State before dispensing (F) ensures that the prescription drug moni- ment programs by— a schedule II, III, or IV controlled substance; toring program of the State notifies prescribers (i) expanding programs for medication assisted and and dispensers of schedule II, III, or IV con- treatment of prescription drug and opioid addic- (III) reports to the prescription drug moni- trolled substances when overuse or misuse of tion, including training for treatment and recov- toring program of the State, at a minimum, each such controlled substances by patients is sus- ery support providers; instance in which a schedule II, III, or IV con- pected. (ii) developing, implementing, or expanding trolled substance is dispensed, with limited ex- (c) AUTHORIZATION OF FUNDING.—For each of programs for behavioral health therapy for indi- ceptions, as defined by the State, which shall fiscal years 2016 through 2020, the Attorney viduals who are in treatment for prescription indicate the prescriber by name and National General may use, from any unobligated bal- drug and opioid addiction; Provider Identifier; ances made available under the heading ‘‘GEN- (iii) developing, implementing, or expanding (iii) require that, not fewer than 4 times each ERAL ADMINISTRATION’’ to the Department programs to screen individuals who are in treat- year, the State agency or agencies that admin- of Justice in an appropriations Act, such ment for prescription drug and opioid addiction ister the prescription drug monitoring program amounts as are necessary to carry out this sec- for hepatitis C and HIV, and provide treatment of the State prepare and provide to each pre- tion, not to exceed $5,000,000 per fiscal year. for those individuals if clinically appropriate; or scriber of a schedule II, III, or IV controlled TITLE VII—MISCELLANEOUS (iv) developing, implementing, or expanding substance an informational report that shows SEC. 701. GAO REPORT ON IMD EXCLUSION. programs that provide screening, early interven- how the prescribing patterns of the prescriber (a) DEFINITION.—In this section, the term tion, and referral to treatment (commonly compare to prescribing practices of the peers of ‘‘Medicaid Institutions for Mental Disease ex- known as ‘‘SBIRT’’) to teenagers and young the prescriber and expected norms; clusion’’ means the prohibition on Federal adults in primary care, middle schools, high (iv) if informational reports provided to a pre- matching payments under Medicaid for patients schools, universities, school-based health cen- scriber under clause (iii) indicate that the pre- who have attained age 22, but have not attained ters, and other community-based health care scriber is repeatedly falling outside of expected age 65, in an institution for mental diseases settings frequently accessed by teenagers or norms or standard practices for the prescriber’s under subparagraph (B) of the matter following young adults; and field, direct the prescriber to educational re- subsection (a) of section 1905 of the Social Secu- (D) developing, implementing, and expanding sources on appropriate prescribing of controlled rity Act and subsection (i) of such section (42 programs to prevent overdose death from pre- substances; U.S.C. 1396d). (v) ensure that the prescriber licensing board scription medications and opioids. (b) REPORT REQUIRED.—Not later than 1 year (3) PLANNING GRANT APPLICATIONS.— of the State receives a report describing any pre- after the date of enactment of this Act, the (A) APPLICATION.— scribers that repeatedly fall outside of expected Comptroller General of the United States shall (i) IN GENERAL.—A State seeking a planning norms or standard practices for the prescriber’s submit to Congress a report on the impact that grant under this section to prepare a com- field, as described in clause (iii); the Medicaid Institutions for Mental Disease ex- prehensive plan for an integrated opioid abuse (vi) require consultation with the Single State clusion has on access to treatment for individ- response initiative shall submit to the Attorney Authority for Substance Abuse; and uals with a substance use disorder. (vii) establish requirements for how data will General an application in such form, and con- (c) ELEMENTS.—The report required under be collected and analyzed to determine the effec- taining such information, as the Attorney Gen- subsection (b) shall include a review of what is tiveness of the program. eral may require. known regarding— (ii) REQUIREMENTS.—An application for a (D) PERIOD.—An implementation grant under (1) Medicaid beneficiary access to substance planning grant under this section shall, at a this section shall be for a period of 2 years. use disorder treatments in institutions for men- (E) AMOUNT.—The amount of an implementa- minimum, include— tal disease; and (I) a budget and a budget justification for the tion grant under this section may not exceed (2) the quality of care provided to Medicaid activities to be carried out using the grant; $5,000,000. beneficiaries treated in and outside of institu- (5) PRIORITY CONSIDERATIONS.—In awarding (II) a description of the activities proposed to tions for mental disease for substance use dis- planning and implementation grants under this be carried out using the grant, including a orders. schedule for completion of such activities; section, the Attorney General shall give priority (III) outcome measures that will be used to to a State that— SEC. 702. FUNDING. Part II of title I of the Omnibus Crime Control measure the effectiveness of the programs and (A)(i) provides civil liability protection for and Safe Streets Act of 1968 (42 U.S.C. 3797cc et initiatives to address opioids; and first responders, health professionals, and fam- (IV) a description of the personnel necessary ily members who have received appropriate seq.), as amended by section 501, is amended by to complete such activities. training in the administration of naloxone in adding at the end the following: (B) PERIOD; NONRENEWABILITY.—A planning administering naloxone to counteract opioid ‘‘SEC. 2999F. FUNDING. grant under this section shall be for a period of overdoses; and ‘‘There are authorized to be appropriated to 1 year. A State may not receive more than 1 (ii) submits to the Attorney General a certifi- the Attorney General and the Secretary of planning grant under this section. cation by the attorney general of the State that Health and Human Services to carry out this (C) AMOUNT.—A planning grant under this the attorney general has— part $77,900,000 for each of fiscal years 2016 section may not exceed $100,000. (I) reviewed any applicable civil liability pro- through 2020.’’. (D) STRATEGIC PLAN AND PROGRAM IMPLEMEN- tection law to determine the applicability of the SEC. 703. CONFORMING AMENDMENTS. TATION PLAN.—A State receiving a planning law with respect to first responders, health care Part II of title I of the Omnibus Crime Control grant under this section shall develop a stra- professionals, family members, and other indi- and Safe Streets Act of 1968 (42 U.S.C. 3797cc et tegic plan and a program implementation plan. viduals who— seq.) is amended— (4) IMPLEMENTATION GRANTS.— (aa) have received appropriate training in the (1) in the part heading, by striking ‘‘CON- (A) APPLICATION.—A State seeking an imple- administration of naloxone; and FRONTING USE OF METHAMPHETAMINE’’ mentation grant under this section to implement (bb) may administer naloxone to individuals and inserting ‘‘COMPREHENSIVE ADDIC- a comprehensive strategy for addressing opioid reasonably believed to be suffering from opioid TION AND RECOVERY’’; and abuse shall submit to the Attorney General an overdose; and (2) in section 2996(a)(1), by striking ‘‘this application in such form, and containing such (II) concluded that the law described in sub- part’’ and inserting ‘‘this section’’. information, as the Attorney General may re- clause (I) provides adequate civil liability pro- SEC. 704. GRANT ACCOUNTABILITY. quire. tection applicable to such persons; (a) GRANTS UNDER PART II OF TITLE I OF THE (B) USE OF FUNDS.—A State that receives an (B) has in effect legislation or implements a OMNIBUS CRIME CONTROL AND SAFE STREETS implementation grant under this section shall policy under which the State shall not termi- ACT OF 1968.—

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Part II of title I of the Omnibus Crime Control ‘‘(B) PROHIBITION.—A covered official may ‘‘(B) the reason the covered official awarded and Safe Streets Act of 1968 (42 U.S.C. 3797cc et not award a grant under this part to a non- the duplicate grants.’’. seq.), as amended by section 702, is amended by profit organization that holds money in offshore (b) OTHER GRANTS.— adding at the end the following: accounts for the purpose of avoiding paying the (1) DEFINITIONS.—In this subsection— ‘‘SEC. 2999G. GRANT ACCOUNTABILITY. tax described in section 511(a) of the Internal (A) the term ‘‘applicable committees’’— (i) with respect to the Attorney General and ‘‘(a) DEFINITIONS.—In this section— Revenue Code of 1986. ‘‘(1) the term ‘applicable committees’— ‘‘(C) DISCLOSURE.—Each nonprofit organiza- any other official of the Department of Justice, ‘‘(A) with respect to the Attorney General and tion that is awarded a grant under this part means— (I) the Committee on the Judiciary of the Sen- any other official of the Department of Justice, and uses the procedures prescribed in regula- ate; and means— tions to create a rebuttable presumption of rea- (II) the Committee on the Judiciary of the ‘‘(i) the Committee on the Judiciary of the sonableness for the compensation of its officers, House of Representatives; and Senate; and directors, trustees, and key employees, shall dis- (ii) with respect to the Secretary of Health ‘‘(ii) the Committee on the Judiciary of the close to the applicable covered official, in the and Human Services and any other official of House of Representatives; and application for the grant, the process for deter- the Department of Health and Human Services, ‘‘(B) with respect to the Secretary of Health mining such compensation, including the inde- means— and Human Services and any other official of pendent persons involved in reviewing and ap- (I) the Committee on Health, Education, the Department of Health and Human Services, proving such compensation, the comparability data used, and contemporaneous substantiation Labor, and Pensions of the Senate; and means— (II) the Committee on Energy and Commerce ‘‘(i) the Committee on Health, Education, of the deliberation and decision. Upon request, of the House of Representatives; a covered official shall make the information Labor, and Pensions of the Senate; and (B) the term ‘‘covered agency’’ means— ‘‘(ii) the Committee on Energy and Commerce disclosed under this subparagraph available for (i) the Department of Justice; and of the House of Representatives; public inspection. (ii) the Department of Health and Human ‘‘(2) the term ‘covered agency’ means— ‘‘(3) CONFERENCE EXPENDITURES.— Services; and ‘‘(A) LIMITATION.—No amounts made avail- ‘‘(A) the Department of Justice; and (C) the term ‘‘covered official’’ means— ‘‘(B) the Department of Health and Human able to a covered official under this part may be (i) the Attorney General; and Services; and used by the covered official, or by any indi- (ii) the Secretary of Health and Human Serv- ‘‘(3) the term ‘covered official’ means— vidual or entity awarded discretionary funds ices. ‘‘(A) the Attorney General; and through a cooperative agreement under this (2) ACCOUNTABILITY.—All grants awarded by ‘‘(B) the Secretary of Health and Human part, to host or support any expenditure for a covered official under section 201, 302, or 601 Services. conferences that uses more than $20,000 in funds shall be subject to the following accountability ‘‘(b) ACCOUNTABILITY.—All grants awarded by made available by the covered official, unless provisions: a covered official under this part shall be sub- the covered official provides prior written au- (A) AUDIT REQUIREMENT.— ject to the following accountability provisions: thorization that the funds may be expended to (i) DEFINITION.—In this subparagraph, the ‘‘(1) AUDIT REQUIREMENT.— host the conference. term ‘‘unresolved audit finding’’ means a find- ‘‘(A) DEFINITION.—In this paragraph, the ‘‘(B) WRITTEN AUTHORIZATION.—Written au- ing in the final audit report of the Inspector term ‘unresolved audit finding’ means a finding thorization under subparagraph (A) shall in- General of a covered agency that the audited in the final audit report of the Inspector Gen- clude a written estimate of all costs associated grantee has utilized grant funds for an unau- eral of a covered agency that the audited grant- with the conference, including the cost of all thorized expenditure or otherwise unallowable ee has utilized grant funds for an unauthorized food, beverages, audio-visual equipment, hono- cost that is not closed or resolved within 12 expenditure or otherwise unallowable cost that raria for speakers, and entertainment. months after the date on which the final audit is not closed or resolved within 12 months after ‘‘(C) REPORT.— report is issued. ‘‘(i) DEPARTMENT OF JUSTICE.—The Deputy the date on which the final audit report is (ii) AUDIT.—Beginning in the first fiscal year issued. Attorney General shall submit to the applicable beginning after the date of enactment of this ‘‘(B) AUDIT.—Beginning in the first fiscal committees an annual report on all conference Act, and in each fiscal year thereafter, the In- year beginning after the date of enactment of expenditures approved by the Attorney General spector General of a covered agency shall con- this section, and in each fiscal year thereafter, under this paragraph. duct audits of recipients of grants awarded by ‘‘(ii) DEPARTMENT OF HEALTH AND HUMAN the Inspector General of a covered agency shall the applicable covered official under section 201, SERVICES.—The Deputy Secretary of Health and conduct audits of recipients of grants awarded 302, or 601 to prevent waste, fraud, and abuse of Human Services shall submit to the applicable by the applicable covered official under this funds by grantees. The Inspector General shall committees an annual report on all conference part to prevent waste, fraud, and abuse of funds determine the appropriate number of grantees to expenditures approved by the Secretary of by grantees. The Inspector General shall deter- be audited each year. Health and Human Services under this para- mine the appropriate number of grantees to be (iii) MANDATORY EXCLUSION.—A recipient of audited each year. graph. grant funds under section 201, 302, or 601 that is ‘‘(4) ANNUAL CERTIFICATION.—Beginning in ‘‘(C) MANDATORY EXCLUSION.—A recipient of found to have an unresolved audit finding shall the first fiscal year beginning after the date of grant funds under this part that is found to not be eligible to receive grant funds under enactment of this section, each covered official have an unresolved audit finding shall not be those sections during the first 2 fiscal years be- shall submit to the applicable committees an an- eligible to receive grant funds under this part ginning after the end of the 12-month period de- nual certification— during the first 2 fiscal years beginning after scribed in clause (i). the end of the 12-month period described in sub- ‘‘(A) indicating whether— ‘‘(i) all audits issued by the Office of the In- (iv) PRIORITY.—In awarding grants under sec- paragraph (A). spector General of the applicable agency under tion 201, 302, or 601, a covered official shall give ‘‘(D) PRIORITY.—In awarding grants under paragraph (1) have been completed and re- priority to eligible applicants that did not have this part, a covered official shall give priority to viewed by the appropriate Assistant Attorney an unresolved audit finding during the 3 fiscal eligible applicants that did not have an unre- General or Director, or the appropriate official years before submitting an application for a solved audit finding during the 3 fiscal years be- of the Department of Health and Human Serv- grant under such section. fore submitting an application for a grant under ices, as applicable; (v) REIMBURSEMENT.—If an entity is awarded this part. ‘‘(ii) all mandatory exclusions required under grant funds under section 201, 302, or 601 during ‘‘(E) REIMBURSEMENT.—If an entity is award- paragraph (1)(C) have been issued; and the 2-fiscal-year period during which the entity ed grant funds under this part during the 2-fis- ‘‘(iii) all reimbursements required under para- is barred from receiving grants under clause cal-year period during which the entity is graph (1)(E) have been made; and (iii), the covered official that awarded the funds barred from receiving grants under subpara- ‘‘(B) that includes a list of any grant recipi- shall— graph (C), the covered official that awarded the ents excluded under paragraph (1) from the pre- (I) deposit an amount equal to the amount of grant funds shall— vious year. the grant funds that were improperly awarded ‘‘(i) deposit an amount equal to the amount of ‘‘(c) PREVENTING DUPLICATIVE GRANTS.— to the grantee into the General Fund of the the grant funds that were improperly awarded ‘‘(1) IN GENERAL.—Before a covered official Treasury; and to the grantee into the General Fund of the awards a grant to an applicant under this part, (II) seek to recoup the costs of the repayment Treasury; and the covered official shall compare potential to the fund from the grant recipient that was er- ‘‘(ii) seek to recoup the costs of the repayment grant awards with other grants awarded under roneously awarded grant funds. to the fund from the grant recipient that was er- this part by the covered official to determine if (B) NONPROFIT ORGANIZATION REQUIRE- roneously awarded grant funds. duplicate grant awards are awarded for the MENTS.— ‘‘(2) NONPROFIT ORGANIZATION REQUIRE- same purpose. (i) DEFINITION.—For purposes of this subpara- MENTS.— ‘‘(2) REPORT.—If a covered official awards du- graph and the grant programs under sections ‘‘(A) DEFINITION.—For purposes of this para- plicate grants to the same applicant for the 201, 302, and 601, the term ‘‘nonprofit organiza- graph and the grant programs under this part, same purpose, the covered official shall submit tion’’ means an organization that is described in the term ‘nonprofit organization’ means an or- to the applicable committees a report that in- section 501(c)(3) of the Internal Revenue Code of ganization that is described in section 501(c)(3) cludes— 1986 and is exempt from taxation under section of the Internal Revenue Code of 1986 and is ex- ‘‘(A) a list of all duplicate grants awarded, in- 501(a) of such Code. empt from taxation under section 501(a) of such cluding the total dollar amount of any duplicate (ii) PROHIBITION.—A covered official may not Code. grants awarded; and award a grant under this section 201, 302, or 601

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to a nonprofit organization that holds money in COMMITTEE-REPORTED SUBSTITUTE AMENDMENT (2) in section 2320— offshore accounts for the purpose of avoiding WITHDRAWN (A) in subsection (a), by striking paragraph paying the tax described in section 511(a) of the The PRESIDING OFFICER. Under (4) and inserting the following: Internal Revenue Code of 1986. the previous order, the committee-re- ‘‘(4) traffics in a drug and knowingly uses (iii) DISCLOSURE.—Each nonprofit organiza- ported substitute is withdrawn. a counterfeit mark on or in connection with tion that is awarded a grant under section 201, such drug,’’; 302, or 601 and uses the procedures prescribed in The Senator from Iowa. (B) in subsection (b)(3), in the matter pre- regulations to create a rebuttable presumption AMENDMENT NO. 3378 ceding subparagraph (A), by striking ‘‘coun- of reasonableness for the compensation of its of- (Purpose: In the nature of a substitute.) terfeit drug’’ and inserting ‘‘drug that uses a ficers, directors, trustees, and key employees, Mr. GRASSLEY. Mr. President, I call counterfeit mark on or in connection with shall disclose to the applicable covered official, up the substitute amendment No. 3378. the drug’’; and in the application for the grant, the process for (C) in subsection (f), by striking paragraph determining such compensation, including the The PRESIDING OFFICER. The (6) and inserting the following: independent persons involved in reviewing and clerk will report. ‘‘(6) the term ‘drug’ means a drug, as de- approving such compensation, the comparability The legislative clerk read as follows: fined in section 201 of the Federal Food, data used, and contemporaneous substantiation The Senator from Iowa [Mr. GRASSLEY] Drug, and Cosmetic Act (21 U.S.C. 321).’’. of the deliberation and decision. Upon request, proposes an amendment numbered 3378. Mr. GRASSLEY. Mr. President, I am a covered official shall make the information Mr. GRASSLEY. Mr. President, I ask pleased we are considering the bill be- disclosed under this clause available for public inspection. unanimous consent that the reading of fore us entitled the ‘‘Comprehensive (C) CONFERENCE EXPENDITURES.— the amendment be dispensed with. Addiction and Recovery Act’’—acro- (i) LIMITATION.—No amounts made available The PRESIDING OFFICER. Without nym CARA—and that we are on the to a covered official under section 201, 302, or objection, it is so ordered. floor discussing this very important 601 may be used by the covered official, or by (The amendment is printed in the issue. any individual or entity awarded discretionary RECORD of March 1, 2016, under ‘‘Text of Since I spoke about the bill earlier funds through a cooperative agreement under Amendments.’’) this week, I will not have any more those sections, to host or support any expendi- ture for conferences that uses more than $20,000 AMENDMENT NO. 3362 TO AMENDMENT NO. 3378 opening remarks at this point. I look in funds made available by the covered official, Mr. GRASSLEY. Mr. President, I call forward to a bipartisan process where unless the covered official provides prior written up the Feinstein-Grassley amendment we are able to consider many amend- authorization that the funds may be expended No. 3362. ments and move this bill forward. to host the conference. The PRESIDING OFFICER. The Mr. President, I suggest the absence (ii) WRITTEN AUTHORIZATION.—Written au- of a quorum. thorization under clause (i) shall include a writ- clerk will report. The legislative clerk read as follows: The PRESIDING OFFICER. The ten estimate of all costs associated with the con- clerk will call the roll. ference, including the cost of all food, bev- The Senator from Iowa [Mr. GRASSLEY], for The legislative clerk proceeded to erages, audio-visual equipment, honoraria for Mrs. FEINSTEIN, proposes an amendment numbered 3362 to amendment No. 3378. call the roll. speakers, and entertainment. Mr. BARRASSO. Mr. President, I ask (iii) REPORT.— The amendment is as follows: (I) DEPARTMENT OF JUSTICE.—The Deputy At- unanimous consent that the order for torney General shall submit to the applicable (Purpose: To provide the Department of Jus- the quorum call be rescinded. committees an annual report on all conference tice with additional tools to target The PRESIDING OFFICER (Mr. COT- expenditures approved by the Attorney General extraterritorial drug trafficking activity, TON). Without objection, it is so or- under this subparagraph. and for other purposes) dered. (II) DEPARTMENT OF HEALTH AND HUMAN At the end, add the following: Mr. BARRASSO. Mr. President, I ask SERVICES.—The Deputy Secretary of Health and ll unanimous consent to speak as in Human Services shall submit to the applicable TITLE —TRANSNATIONAL DRUG committees an annual report on all conference TRAFFICKING ACT morning business. expenditures approved by the Secretary of SEC. l01. SHORT TITLE. The PRESIDING OFFICER. Without Health and Human Services under this subpara- This title may be cited as the objection, it is so ordered. graph. ‘‘Transnational Drug Trafficking Act of OBAMACARE (D) ANNUAL CERTIFICATION.—Beginning in the 2015’’. Mr. BARRASSO. Mr. President, I first fiscal year beginning after the date of en- SEC. l02. POSSESSION, MANUFACTURE OR DIS- come to the floor today to discuss more actment of this Act, each covered official shall TRIBUTION FOR PURPOSES OF UN- of the troubling news that has come LAWFUL IMPORTATIONS. submit to the applicable committees an annual out on how the health care law has af- certification— Section 1009 of the Controlled Substances (i) indicating whether— Import and Export Act (21 U.S.C. 959) is fected the people of this country. A (I) all audits issued by the Office of the In- amended— new poll just came out from National spector General of the applicable agency under (1) by redesignating subsections (b) and (c) Public Radio as well as the Robert subparagraph (A) have been completed and re- as subsections (c) and (d), respectively; and Wood Johnson Foundation. This is viewed by the appropriate Assistant Attorney (2) in subsection (a), by striking ‘‘It shall’’ what they found: According to the poll, General or Director, or the appropriate official and all that follows and inserting the fol- 26 percent of Americans are telling us of the Department of Health and Human Serv- lowing: ‘‘It shall be unlawful for any person that the health care law—ObamaCare— ices, as applicable; to manufacture or distribute a controlled (II) all mandatory exclusions required under substance in schedule I or II or has directly hurt them. Twenty-six subparagraph (A)(iii) have been issued; and flunitrazepam or a listed chemical intending, percent of Americans say that (III) all reimbursements required under sub- knowing, or having reasonable cause to be- ObamaCare, the health care law, has paragraph (A)(v) have been made; and lieve that such substance or chemical will be directly hurt them. Only 14 percent of (ii) that includes a list of any grant recipients unlawfully imported into the United States the people in the poll said that their excluded under subparagraph (A) from the pre- or into waters within a distance of 12 miles vious year. personal health care has gotten better of the coast of the United States. (3) PREVENTING DUPLICATIVE GRANTS.— under ObamaCare. So it is just one in ‘‘(b) It shall be unlawful for any person to (A) IN GENERAL.—Before a covered official seven who say it is better; over one- manufacture or distribute a listed chem- awards a grant to an applicant under section quarter say they have personally been 201, 302, or 601, the covered official shall com- ical— ‘‘(1) intending or knowing that the listed hurt. So almost twice as many people pare potential grant awards with other grants have been directly hurt by the law awarded under those sections by the covered of- chemical will be used to manufacture a con- ficial to determine if duplicate grant awards are trolled substance; and compared to the people who have been awarded for the same purpose. ‘‘(2) intending, knowing, or having reason- helped. (B) REPORT.—If a covered official awards du- able cause to believe that the controlled sub- American taxpayers are also being plicate grants to the same applicant for the stance will be unlawfully imported into the hurt by ObamaCare because of the same purpose, the covered official shall submit United States.’’. waste and the fraud in the health care to the to the applicable committees a report that SEC. l03. TRAFFICKING IN COUNTERFEIT GOODS system. There is a new report just out includes— OR SERVICES. from the Government Accountability Chapter 113 of title 18, United States Code, (i) a list of all duplicate grants awarded, in- Office. It came out last week. It found cluding the total dollar amount of any duplicate is amended— grants awarded; and (1) in section 2318(b)(2), by striking ‘‘sec- that the Obama administration is still (ii) the reason the covered official awarded tion 2320(e)’’ and inserting ‘‘section 2320(f)’’; failing to stop the fraud in health care the duplicate grants. and subsidies.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.001 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1181 Here is how the law was designed to cares more about getting a large num- Here we are. Six years ago, there was work: People must have government- ber of people enrolled in insurance. a debate in Congress about the Ameri- approved insurance because of the law. That is what they want, no matter cans’ health care system. Everyone in It is a mandate. There are a lot of peo- what the law says, no matter how this body agreed we had a problem. Ev- ple who have been forced to buy very much money they waste to do it. erybody agreed we needed to do some- expensive insurance to comply with the This report from the Government Ac- thing to help Americans. Republicans law, and in many cases it is far more countability Office came out last presented our ideas on the floor of the coverage than they want, that they Wednesday. The very next day, there Senate. We went to meetings at the need, or that they can afford. So the was more bad news for taxpayers be- White House. We offered President health care law, which the Democrats cause of the health care law. There was Obama solutions. Democrats and the voted for and the Republicans voted an article in the Wall Street Journal President rejected our ideas, and they against, said that the government will on Thursday, February 25, under the came up with their own massive plan. give subsidies to people to help them headline ‘‘Insurance Fight Escalates.’’ Washington took on too much power pay for this Washington-mandated, ex- It goes on to say: ‘‘Health co-op leaders over the health care decisions of Amer- pensive insurance. say the effort to recoup Federal loans ican families. More Washington con- To get the subsidy, people are sup- will come up short.’’ trol, less Washington accountability— posed to be able to prove they are eligi- This is taxpayer money. Remember, they are never the right answers for ble for the subsidy. There are various the health care law gave out billions of our country. If Washington can’t pro- criteria to make sure people are eligi- dollars—billions of dollars in loans to tect taxpayer dollars, it shouldn’t be ble. That means things like proving set up these health insurance co-ops collecting so many of these dollars in they make a certain income or how across the country. They set up 23. Al- the first place. many people are in their family or that ready, more than half of them have col- Republicans warned that ObamaCare they are citizens of the United States lapsed and have gone out of business, 12 would be bad for patients, bad for pro- or that they are here legally. out of 23 have gone bust, and 700,000 viders, and terrible for the taxpayers. Washington then pays the subsidy di- Americans lost their insurance because The news keeps coming out, showing these co-ops failed. rectly to the insurance company. Then that we were exactly right. Repub- Now it looks as if hard-working tax- later, the government comes around licans are going to continue to talk and tries to figure out if the person payers are going to lose the money that the government loaned to these about our health care ideas and will even qualified for the money, so there continue to talk about ideas that will is a huge potential for fraud and for failed insurance businesses. According to this Wall Street Journal article, actually hold Washington accountable wasting taxpayer dollars. as Washington spends taxpayers’ dol- This new report from the Govern- leaders of the co-ops say that tax- payers are going to lose more than $1 lars. We will continue to talk about ment Accountability Office found that, ideas such as giving families more con- despite the billions of dollars at stake, billion in the failed co-ops. They say it is because most of the money has al- trol over their health care and their the Obama administration has taken health care decisions and giving Wash- what they describe as a ‘‘passive ap- ready been spent. The article quotes the head of the co- ington less control. That is what Amer- proach’’ to identifying and preventing op in as saying: ‘‘Will icans want. the fraud. The Obama administration there be any money left?’’ This new report out from the Na- has taken a ‘‘passive approach.’’ It says ‘‘Yeah, maybe.’’ That is what he said. tional Public Radio poll showed 26 per- the Obama administration has strug- That is his answer: ‘‘Yeah, maybe.’’ cent of Americans say that the health gled—struggled to confirm the eligi- Maybe there will be a little money left care law, ObamaCare, has directly hurt bility of millions of people who applied out of more than $1 billion in taxpayer them. They didn’t want this kind of for subsidies. This is a report from the loans. It is outrageous. It was not sup- health care reform that directly hurts Government Accountability Office. We posed to be a bailout of the insurance them, instead of helping them; they want accountability in government. company. These were supposed to be wanted to be helped. They don’t want The report found that there are loans. an approach like we have; they want an 431,000 people who still had unresolved Is that how the administration approach that gives them control and, issues with the subsidy paperwork thinks loans are supposed to work? certainly, not a passive approach to more than a year after they first ap- Does the Obama administration think preventing fraud. The American people plied. The cases amount to over $1.7 that if they lend out money and people do not want ObamaCare. billion in taxpayer subsidies. Now, the borrow it from the taxpayers and spend Mr. President, I yield the floor. insurance coverage that these people it, then they don’t have to pay it? The PRESIDING OFFICER. The Sen- had for that year has already ended. Where is the accountability from these ator from New Hampshire. The Obama administration still did not co-ops for the American people? Where AMENDMENT NO. 3345 TO AMENDMENT NO. 3378 know if they should have gotten the is the accountability for the Obama ad- Mrs. SHAHEEN. Mr. President, I money that was sent out to the insur- ministration to make sure that they ance companies on their behalf. wish to call up amendment No. 3345, loan this money responsibly and don’t which is my supplemental amendment There are another 22,000 cases where waste it? Reports like this paint a very it still is not clear if the person who to address the heroin and opioid epi- bad picture of health care and the demic. got the subsidy was serving time in health care law in this country. prison. How can Washington not even The PRESIDING OFFICER. The We talked about these 23 co-ops and clerk will report. know if someone is in prison? This half of them have failed. This was should be one of the easiest things to The senior assistant legislative clerk headlined yesterday: ‘‘Losses deepen read as follows: find out. But there are millions of for remaining ObamaCare co-ops.’’ The Senator from New Hampshire [Mrs. cases where the administration is tak- Losses snowballed in the fourth quarter at SHAHEEN] proposes an amendment numbered ing this passive approach to figuring four co-op health plans [that have now re- 3345 to amendment No. 3378. out if there is fraud occurring with ported their numbers for 2015]. these subsidies. The article says: Mrs. SHAHEEN. I ask unanimous consent that the reading of the amend- People all around the country are The nonprofit startups based in Illinois, asking: Where is the accountability , Ohio and lost about $270 ment be dispensed with. from the Obama administration? They million last year. . . . That’s more than five The PRESIDING OFFICER. Without are spending billions of taxpayer dol- times the level of losses those plans recorded objection, it is so ordered. lars. Where is the accountability to in 2014. The amendment is as follows: make sure that it is being spent prop- That was the first year they oper- (Purpose: To make appropriations to address erly and not wasted? There is no ac- ated. They are still waiting for the up- the heroin and opioid drug abuse epidemic countability because the Obama ad- dated financial reports on the other for the fiscal year ending September 30, ministration does not seem to care seven remaining co-ops that have not 2016) about protecting taxpayer money. It yet posted their returns. At the end, add the following:

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.007 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1182 CONGRESSIONAL RECORD — SENATE March 2, 2016 TITLE VIII—ADDITIONAL (2) EMERGENCY REQUIREMENT.—The amount We would be doing everything the APPROPRIATIONS FOR FISCAL YEAR 2016 appropriated under paragraph (1) shall be equivalent of the Manhattan Project to SEC. 801. DEPARTMENT OF JUSTICE. designated by the Congress as an emergency deal with something that is killing so (a) STATE AND LOCAL LAW ENFORCEMENT requirement pursuant to section many of our citizens, particularly our 251(b)(2)(A)(i) of the Balanced Budget and ASSISTANCE.— young people. (1) IN GENERAL.—In addition to any Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). Like any other problem that gets to amounts otherwise made available, there is this body, this is complicated. There appropriated, out of any money in the Treas- (b) CENTERS FOR DISEASE CONTROL AND ury not otherwise appropriated, for fiscal PREVENTION.— isn’t any single solution. It involves year 2016, $230,000,000, to remain available (1) IN GENERAL.—In addition to any law enforcement. It involves national until expended, to the Department of Justice amounts otherwise made available, there is security—stopping drugs at the border. for State law enforcement initiatives (which appropriated, out of any money in the Treas- It involves treatment of mental illness. shall include a 30 percent pass-through to lo- ury not otherwise appropriated, for fiscal year 2016, $50,000,000, to remain available It involves treatment of drug addiction calities) under the Edward Byrne Memorial and figuring out what works. It in- Justice Assistance Grant program, as au- until expended, to the Centers for Disease Control and Prevention of the Department of volves figuring out prevention. It in- thorized by subpart 1 of part E of title I of volves dealing with the overwhelming the Omnibus Crime Control and Safe Streets Health and Human Services, for prescription Act of 1968 (42 U.S.C. 3750 et seq.) (except drug monitoring programs, community number of opioid prescription drugs that section 1001(c) of such Act (42 U.S.C. health system interventions, and rapid re- that we now know lead to heroin and 3793(c)) shall not apply for purposes of this sponse projects. other addictions. Act), to be used, notwithstanding such sub- (2) EMERGENCY REQUIREMENT.—The amount It is a very complex problem. There part 1, for a comprehensive program to com- appropriated under paragraph (1) shall be is no single answer, but there are some designated by the Congress as an emergency bat the heroin and opioid crisis, and for asso- things we do know about this problem: ciated criminal justice activities, including requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and The first thing we know is that law approved treatment alternatives to incarcer- enforcement alone isn’t enough. Essen- ation. Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). tially, we have tried that for 25 years. (2) EMERGENCY REQUIREMENT.—The amount appropriated under paragraph (1) shall be Mrs. SHAHEEN. Mr. President, I am Law enforcement alone isn’t enough. It designated by the Congress as an emergency not going to speak to this amendment is important. It is a critical part of our requirement pursuant to section right now because I hope to do it later. defense against the scourge, but it is 251(b)(2)(A)(i) of the Balanced Budget and I spent a fair amount of time yesterday not the entire answer. Emergency Deficit Control Act of 1985 (2 talking about the need to provide the The second thing we know is that U.S.C. 901(b)(2)(A)(i)). resources to address the heroin and this epidemic is directly related to the (b) HEROIN AND METHAMPHETAMINE TASK opioid epidemic, but I am very pleased dramatic rise of prescription pain- FORCES.— killers based upon opioids. The data is (1) IN GENERAL.—In addition to any to see my colleague from Maine on the amounts otherwise made available, there is floor to speak to it. He has been a co- that four out of five new heroin users appropriated, out of any money in the Treas- sponsor of the legislation and a huge started with prescription drugs. This is ury not otherwise appropriated, for fiscal advocate for addressing the challenge something we need to discuss. We need year 2016, $10,000,000, to remain available that Maine—like New Hampshire and to discuss it with the medical commu- until expended, to the Department of Justice so many other States—is facing from nity. We need to discuss it with the to carry out section 2999 of title I of the Om- the heroin and opioid epidemic. I look educational community, and we need nibus Crime Control and Safe Streets Act of forward to his remarks and to the op- to understand that when these drugs 1968, as added by section 204 of this Act, to be are prescribed, there are risks—serious, used to assist State and local law enforce- portunity for us to vote on this amend- ment agencies in areas with high per capita ment later today. undeniable, dangerous risks that are levels of opioid and heroin use, targeting re- The PRESIDING OFFICER. The Sen- taking an enormous toll on our soci- sources to support law enforcement oper- ator from Maine. ety. ations on the ground. Mr. KING. Mr. President, this week, Four out of five new heroin users (2) EMERGENCY REQUIREMENT.—The amount this body is talking about one of the started with prescription drugs. I met a appropriated under paragraph (1) shall be most serious problems facing our coun- young man in Maine who was in treat- designated by the Congress as an emergency try. The word ‘‘epidemic’’ really isn’t ment, who was trying to recover, who requirement pursuant to section had become an addict. He got there 251(b)(2)(A)(i) of the Balanced Budget and strong enough to represent what we are Emergency Deficit Control Act of 1985 (2 seeing in terms of drug addiction— starting with a high school sports in- U.S.C. 901(b)(2)(A)(i)). opioids and heroin, in particular. The jury, and he was prescribed opioid SEC. 802. DEPARTMENT OF HEALTH AND HUMAN bipartisan support for the bill that is treatment—opioid pills—and he ended SERVICES. on the floor this week is an indication up in the drug culture that was de- (a) SUBSTANCE ABUSE AND MENTAL HEALTH of the belief of Members of both par- stroying his life. SERVICES ADMINISTRATION.— ties, of all parties of all parts of the That is the second thing we know. (1) IN GENERAL.—In addition to any country, that this is a critically impor- We know that law enforcement isn’t amounts otherwise made available, there is tant question. enough. We know that a big part of our appropriated, out of any money in the Treas- focus has to be on opioids and prescrip- ury not otherwise appropriated, for fiscal We have heard the appalling figures year 2016— in committees and caucuses and on the tion drugs. (A) $300,000,000, to remain available until floor. In the State of Maine, there are The third thing we know is, there are expended, to the Substance Abuse and Men- 200 deaths a year from overdoses. This some treatments that appear to work. tal Health Services Administration of the is an eightfold increase in the last 3 We don’t know for sure. One of the Department of Health and Human Services, years. The figure that got my atten- things that I think we need to do in for ‘‘Substance Abuse Treatment’’, to ad- tion most dramatically was that a year this body is to provide for the research dress the heroin and opioid crisis and its as- ago in Maine, we had 12,000 babies born, and the data sharing and the data col- sociated health effects, of which not less lection from around the country so we than $15,000,000 shall be to improve treat- and of that number over 950 were ad- ment for pregnant or postpartum women dicted to a substance. That is almost 1 can find out what works. It appears under the pilot program authorized under in 12 babies born in my State. that medication and counseling to- section 508(r) of the Public Health Service Nationally, the figures are just as gether are something that works, but Act (42 U.S.C. 290bb–1), as amended by sec- shocking and as bad. In my neigh- we need more research and more data. tion 501 of this Act; and boring State of New Hampshire, the The fourth thing we know is that (B) $10,000,000, to remain available until ex- number of overdose deaths is now over treatment resources are grossly inad- pended, to the Substance Abuse and Mental 380 a year. It is more than one a day. equate. This epidemic has exploded in Health Services Administration of the De- Nationally, there are 47,000 overdose the last few years, but the resources in partment of Health and Human Services, for terms of treatment have, in some grants for medication assisted treatment for deaths—more deaths than are caused prescription drug and opioid addiction under by automobiles. cases, actually diminished. There are section 2999A of title I of the Omnibus Crime If this were Ebola or ISIS or any fewer beds today than there were 3 Control and Safe Streets Act of 1968, as other kind of national crisis, we would years ago because of budget cuts, be- added by section 301 of this Act. be in 24-hour session to find a solution. cause of policy changes, and we end up

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.003 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1183 with young people and people generally tion like Garrett’s requires treat- People sometimes ask me: What is so that have this terrible problem eating ment.’’ We have this idea in our society special about Maine? I tell them Maine up their lives with no place to go. that it is just a choice. You make the is a small town with very long streets. The greatest tragedy is when we have choice; you don’t have to take that We know each other, care about each someone who is suffering from addic- pill. Well, the way these drugs work on other, think about each other, and we tion and wants treatment and is ready your brain, they hijack the very parts try to help each other. I think this to take the step and say ‘‘I need it,’’ of your brain that enable you to make country can also be a community— and there is no place to go. The esti- that decision. They actually go to the should be a community where we think mates are that among teenagers who parts of the brain that deal with execu- about and care about each other. are caught in this trap, only 20 percent tive function, decisionmaking, and Young lives lost, treasures squan- have treatment available to them. fear, and derail those parts of the dered, and hearts broken. I hope we can All these numbers and statistics and brain. It requires treatment. I am sure start to change that tragic trajectory policy prescriptions aren’t really my that occasionally there are people who that is breaking so many hearts in this subject today. I don’t want to talk can do this by themselves, but that is country this week so we can make a about politics or even policy. I want to very rare. Most people require treat- difference, not for Garrett but for the talk about people. In particular, I want ment, and odds are that those with an young people to whom he was des- to talk about this little boy. This pic- addiction to drugs or alcohol won’t get perately sending this message. We can, ture is of a young man from Maine any treatment at all. As I mentioned, we should, and we shall. named Garrett Brown. There was an only one out of five teenagers who I thank the Presiding Officer and extraordinary story about Garrett in needs treatment has it available to yield the floor. the Bangor Daily News late last week. them. If they do go through treatment, Mr. GRASSLEY. Mr. President, I A reporter, Erin Rhoda, an editor at they are likely to get the wrong treat- suggest the absence of a quorum. the Bangor Daily News—one of our ment. There is a world of different great newspapers—got to know this theories on treatments options, and The PRESIDING OFFICER. The young man named Garrett Brown and that is why I say we need to have the clerk will call the roll. spent a lot of time interacting with research so we can understand what The senior assistant legislative clerk him over the last 3 years and recounted works and put our resources into the proceeded to call the roll. it in this extraordinary piece of jour- things that will actually bring results. Mr. CORNYN. Mr. President, I ask nalism. It is the story of this young Often it means they die, and that is unanimous consent that the order for the quorum call be rescinded. man’s attempts to survive and what what happened to young Garrett. Between 2010 and 2014, the number of The PRESIDING OFFICER. Without happened in his life. objection, it is so ordered. This isn’t politics. It isn’t policy. It overdose deaths in Maine involving COMMEMORATING TEXAS INDEPENDENCE DAY is people. In reading this story as I sat heroin overdose increased eightfold. Mr. CORNYN. Mr. President, I rise to in my darkened office late last week— This is Maine. This could have been any State in the country. It seems to speak about a very important day in as my staff went home, they thought the history of my State of Texas, a day there was something wrong with me. be striking rural States now as strong- that inspires pride and gratitude in the The lights were dimmed, the sun was ly or even worse than urban areas of hearts of all Texans. I rise to com- setting, and I read this story. It was the country. memorate Texas Independence Day. like reading the story of the Titanic or I didn’t know Garrett Brown, but he In a moment, I wish to read a letter of the Lincoln assassination. You knew was a brave kid. I could tell by his con- that was written 180 years ago from be- how it was going to come out, but you versations with Erin Rhoda and by his hind the walls of an old Spanish mis- hoped it wouldn’t happen. You kept conversations with us. He knew he was sion called the Alamo—a letter written talking to us. He knew this was going by a 26-year-old lieutenant colonel in seeing moments when it could have the Texas Army, William Barret Trav- been avoided; the tragic end could have to be public. He knew he was commu- is—and in doing so, I carry on a tradi- been avoided, but it didn’t happen. nicating with us, and here is what he tion that was started by the late Sen- That was what was so gripping to me said: ator John Tower, who represented about this story. It was so real, and it If this changes one kid’s life, saves one kid Texas and this body for more than two was so close to home. from being in jail, saves his family the pain decades. This tradition was upheld by I have four boys of my own. I venture of seeing him go through it— his successor, Senator Phil Gramm, This is a guy with an addiction say- and then by Senator Kay Bailey to say that every family in America Hutchison after him. So it is an honor that has a son has a picture like it or ing this. It is extraordinary. today to carry on this great tradition. just like it somewhere in their family He continued: On February 24, 1836, with his posi- scrapbooks or stored on their telephone If this . . . saves one kid from overdosing tion under siege and outnumbered or in their computer. This is a wonder- and dying, then all that I’ve done hasn’t been nearly 10-to-1 by the forces of the Mexi- ful Maine kid—a smiling 8-year-old, in vain. I guess that’s why I keep doing this can dictator Antonio Lopez de Santa happy, and ready to go to school with with you? Ana, Travis penned the following let- his backpack. Then, about 15 years This is a tragedy. It is not a tragedy ter: later, he is with his mom, and he is on of numbers. It is a tragedy of real peo- To the people of Texas and all Americans his way out. He had a mom who loved ple. It is a tragedy of young lives lost, in the world: Fellow citizens and compatriots, I am be- him, but he had a system that failed of treasures squandered, and of hearts sieged by a thousand or more of the Mexi- him. broken. I have never in my adult life cans under Santa Ana. I have sustained a He took responsibility, by the way. seen a problem like this that is facing continual bombardment and cannonade for He said: It’s not that my mom or my my State and every State in this coun- 24 hours and have not lost a man. The enemy has demanded a surrender at stepdad didn’t care. They tried. My try. We can’t solve it all at once. There discretion. Otherwise, the garrison are to be grandparents tried everything they is no magic wand. But if we find young put to the sword if the fort is taken. could. They were devout Christians. people like Garrett who are ready to I have answered the demand with a cannon take a step toward a cure—if not a shot, and our flag still waves proudly from There was nothing they would have the walls. I shall never surrender or retreat. done to change it. cure, at least have an ongoing recov- Then, I call on you in the name of Liberty, He took responsibility. But when he ery—we need to meet them halfway. of patriotism and everything dear to the took responsibility, we didn’t provide We need to meet them halfway through American character, to come to our aid, with all dispatch. the means for him to effectuate that the support of treatment, the support The enemy is receiving reinforcements and save his own life. He had to want of creating options that are available, daily and will no doubt increase to 3,000 or to beat it, but he also had to have the by understanding the relationship be- 4,000 in 4 or 5 days. If this call is neglected, means, the resources to take that step. tween addiction and the criminal jus- I am determined to sustain myself as long as possible and die like a soldier who never for- The Bangor Daily News quite accu- tice system, and ultimately by loving gets what is due to his own honor and that rately laid out the issue: ‘‘Opioid addic- our neighbors as ourselves. of his country. Victory or death.

VerDate Sep 11 2014 07:10 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 8472 E:\CR\FM\G02MR6.009 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1184 CONGRESSIONAL RECORD — SENATE March 2, 2016 Signed: my ability to actually speak to Scott our overall space program on a more William Barret Travis. Kelly while he was in space in the focused and stable trajectory. This leg- Of course, we know in the battle that International Space Station. As you islation would also, for the first time, ensued, all 189 defenders of the Alamo can tell from his social media pres- designate a human presence on Mars as lost their lives, but they did not die in ence—and I follow him on Twitter; he a long-term goal of NASA. vain. The Battle of the Alamo bought publishes pictures of his incredible Lieutenant Watley was perhaps an precious time for the Texas revolution- view from space on his Twitter feed— American on Mars in a great movie aries allowing General Sam Houston to he is an optimistic guy, and it is easy ‘‘The Martian,’’ but I believe actually maneuver his army into position for a to see that he loves his job, but I am establishing a human presence on Mars decisive victory at the Battle of San sure he is looking forward to being Jacinto. would be a worthy goal that would back home. then necessitate the strategy to ac- With this victory, Texas became a Scott’s mission aboard the Inter- sovereign nation, and so today we cele- complish that goal. With this bill, I brate the adoption of the Texas Dec- national Space Station was about hope we can rightly prioritize space ex- laration of Independence on March 2, something much bigger than just he, ploration and confirm our commitment 1836. For 9 years, the Republic of Texas which I am sure he would say if he to discovering the next great frontier. thrived as a separate nation. In 1845, it were here. It was about an investment Mr. President, I yield the floor. was annexed to the United States as in the next generation and a commit- the 28th State. Many Texan patriots ment to new discoveries and exploring The PRESIDING OFFICER. The Sen- who fought in the revolution went on new frontiers. The research he was a ator from Vermont. to serve in the U.S. Congress, and I am part of, included studies to evaluate Mr. LEAHY. Mr. President, while the honored to hold the seat of one of distinguished senior Senator from them, Sam Houston. More broadly, I the effects of living in space on the am honored to have the opportunity to human body. Scott is actually a twin. Texas is still on the floor, he men- serve 27 million Texans, thanks to the His twin brother was here on Earth tioned the astronaut and his year in sacrifices made by these brave men 180 while he was in space for a year, and I space. As one who has a hobby of pho- years ago. am sure there will be a lot of extensive tography, I was envious as I looked at RETURN FROM SPACE OF COMMANDER SCOTT studies, given the fact that they are all those. I am sure the distinguished KELLY AND MANIFEST FOR HUMAN SPACE twins, on what changes Scott experi- Senator from Texas has the same feel- FLIGHT ACT enced in his own metabolism, body, and ing I had seeing these photographs and Mr. President, on a separate matter, the like. They also grew plants in zero seeing what an amazing country we are one thing William Barret Travis and gravity in space and much more, which in all times of days and nights and sea- the other early settlers of Texas had in will lay the groundwork for preparing sons. So I thank him for raising that common was a thirst for adventure and future Americans to go farther, explore issue. a hunger for the great next frontier. It more places, and push the outer limits Mr. President, this week we are con- is an attitude of optimistic persever- of human space exploration safely sidering the Comprehensive Addiction ance that has become a trademark of without endangering their health and Recovery Act or as they call it CARA. Texans for generations. So I think it is well-being. There are few problems in this country fitting today that we also celebrate a The work Scott Kelly accomplished, that have had more of a devastating man who has devoted his life to ex- along with all of the men and women impact on American families than panding our footprint in space. at the Johnson Space Center and with Last night Scott Kelly returned to opioid abuse. Communities across the NASA, is so important because it se- Earth after almost a year in space—one country are struggling and they are cures America’s position as the global of the longest lasting space flights of seeking help. Vermont is no exception, leader in space exploration. As impor- all time. By tomorrow Scott should be and I found this as I held hearings tant, this research and development back in Houston, home to the Johnson around the State. Space Center. impacts more than our space program. Finally, after years of a misguided In June I was able to tour the John- It helps applications in the medical approach, Congress now sees addiction son Space Center and meet some of the field, for our military, and other sci- for what it is, a public health crisis. We men and women who made Scott entific endeavors. I remember growing have before us a bipartisan bill we are Kelly’s mission possible. They make up, when we landed the first astronaut considering that demonstrates strong their work look easy. They literally on the Moon and what an inspiration it bipartisan support by Senators for ad- have a hand in sending someone to was to me as a young person. I think dressing addiction. space exploration has a way of opening space, ensuring their safety, and exe- CARA authorizes a critical public the eyes and the imaginations of young cuting multiple projects all at the health program that I helped create to people even today about the future—a same time. Yet for them it is all in a expand access to medication-assisted future perhaps in space exploration or day’s work. They are doing an out- treatment programs. Some Vermonters other fields of science, lured as they standing job, not only for Houston but who have been struggling with addic- are to work in the forefront of dis- for Texas and the United States. As tion have had to wait nearly a year to covery or help engineer the next great you might expect, Texans view the receive treatment. In fact, several died space center with a particular pride. innovation. Developments like this don’t occur waiting. Unfortunately, the story is The world has turned to it as a leader not unique. in space exploration and research for automatically and they don’t occur The bill also includes my provision to more than 50 years. As one of NASA’s overnight. We have to task our space support rural communities with the largest research centers, it continues program with taking on new challenges overdose reversal drug naloxone. Rural to keep the United States in the fore- to reap the full benefits, technological locations have the highest death rates front of innovation and research re- breakthroughs, and scientific advance- in the country from opioid poisoning, lated to science, technology, engineer- ments, and that is why we needed a talking about my small State of ing, and medicine as well. long-term strategy for the U.S.- Importantly, the Johnson Space Cen- manned space mission. Vermont, but every State, no matter ter also leads our commercial space Today I am introducing legislation how large or how small, has rural partnerships—a growing sector in my called the Manifest for Human Space areas. I want people to know that rural State—and helps design and test the Flight Act that would require NASA to locations have the highest death rate. next generation of exploration capa- provide Congress with a clear goal and Now, if we can get naloxone into more bilities and systems. The space center thoughtful strategy. This would in- hands, we can save lives. also trains members of our brave astro- clude outlining our exploration goals Last week, the police in Burlington, naut corps, people such as Scott Kelly, and selecting destinations for future VT, were equipped with naloxone, and to ensure they are prepared for the in- manned space missions that fully uti- they were able to save a man’s life with credible challenge they face. lize our existing assets, provide oppor- this impactful treatment. In fact, the A real highlight of my most recent tunities to work with commercial and man was unconscious. They saved his visit to the Johnson Space Center was international partners, and position life, and Police Chief Brandon del Pozo

VerDate Sep 11 2014 07:10 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.011 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1185 called it ‘‘a textbook case of how police forcement, the medical profession, a vacancy, no matter when that va- save lives using naloxone.’’ mothers and fathers, addicts, and edu- cancy occurs—election year or not. We Now, CARA recognizes that law en- cators. All of these people came to- should rightfully expect any President forcement will always play a vital role. gether and said: We have a problem, to fulfill his or her constitutional duty That is why I worked to include an au- and we need the resources to work to- and send an eminently qualified nomi- thorization for funding to expand gether. Law enforcement can’t do it nee to the Senate. All logic, all reason, State-led anti-heroin task forces. alone. The medical profession can’t do and the Constitution itself dictates These are important efforts, but I it alone. The faith community can’t do that every President has the duty to do can’t emphasize enough that one au- it alone. Educators can’t do it alone. so, under any interpretation of con- thorization bill alone is not going to But together, with the resources, we stitutional law. Likewise, we should pull our communities out of addic- might be able to do something. rightfully expect the Senate to do its tion—not the communities in my For another hearing I held—again, job and send that name to the Judici- State, in the distinguished Presiding the very same thing in a small town— ary Committee, hold a hearing, debate Officer’s State or in anybody else’s we had to keep enlarging the place the nomination on the floor, and take State. We can’t pretend that solving a where we were going to meet. I recall a vote. problem as large as opioid addiction several people testifying, but one was a We are not talking about a vague does not require more resources. now-retired but highly respected, deco- clause that invites interpretation. We That is why the amendment proposed rated pediatrician. He told us about are talking about a very clear and con- by Senator SHAHEEN is so essential. It talking to a couple. He didn’t identify cise clause—article II, section 2, clause puts real dollars behind the rhetoric. It them for obvious reasons. But he said: 2—that states: ‘‘The President. . . . is going to ensure that the important You know, we have this opioid problem shall nominate, and by and with the programs authorized in CARA can ac- here in our city. We have young teen- Advice and Consent of the Senate, shall tually succeed. agers who come from very good fami- appoint . . . Judges of the Supreme We can all feel good about going on lies—families that are well educated, Court. . . . ’’ record saying we are against the prob- prosperous, have good income, nice It does not say: except in an election lem and that we want to solve the homes. But these teenagers are addicts, year. It does not say: except when it problem of opioid addiction. But if we and they are getting some of this right does not suit the political agenda of say we are not going to give you any from their home medicine cabinet. In the majority party in the Senate. It money to do it, it sounds more like this hall with hundreds of people, you does not say: No appointments can be empty rhetoric. could hear a pin drop. He stopped and made in the final year of a President’s In fact, Congress has approved much paused for a moment, and he said: The term. And it does not say: The Senate larger emergency supplemental bills parents thanked me and said: This is can arbitrarily and preemptively choose to obstruct the President’s re- addressing Ebola and swine flu. Even something we should watch out for. He though we didn’t have a single Ebola sponsibility to make appointments. said: No, I am talking about your The point is, the Constitution is case in this country, we had supple- daughter. Your 14-year-old daughter is mental funds addressing it, while we clear. In fact, in the last 100 years, the an addict. I am talking about her. Senate has taken action on every Su- have thousands of opioid addiction There are a lot of others in this com- cases across the country. These efforts preme Court nominee, regardless of munity, but I am talking about her. I whether the nomination was made in a were appropriate—but for Ebola and am talking about her. swine flu. Now we have a public health Presidential election year. To this day, I can hear the collective But this goes far beyond the filling of crisis that is here in our own country, gasp in that room. a Supreme Court vacancy. This goes to and we must respond. Of course, we I later had the opportunity to meet the very heart of the constant and con- have responded to epidemics in other the parents and the doctor and see the tinuous attacks this President has had countries, but this is an epidemic here things they were doing. They had the to endure. For more than 7 years, some at home. ability, and to the extent that there Republicans have, time and again, I think everybody agrees that opioid were things available, they could pay questioned the legitimacy of this addiction is an epidemic. We should for them, but most people couldn’t. President. From his election, beginning start treating it like one. The Shaheen Yes, we should pass CARA, but we with the legitimacy of his birth certifi- amendment provides that commit- should also acknowledge that we have cate to accusing the President of law- ment. I urge every Member who sup- this problem in every single State in lessness, having a Republican Member ports CARA—and that is a strong bi- the Union, across every demographic, of Congress shout ‘‘liar’’ during the partisan group in this body—every every income level, every area of edu- State of the Union to questioning his Member who is concerned about addic- cation. Let’s pass some appropriations legitimate authority in his final year tion in their community—and I have to so that we are not just giving empty in office to fill the vacancy left by the assume that includes every Senator— words and we are not addressing a ter- death of Justice Scalia. It begs the to put real resources behind CARA. rible problem with just empty words. question of why this President is being I think of the different hearings I But the Senate is saying: We will stand denied the opportunity to fulfill his have held around our State. In one up for a problem in our own country, as constitutional obligation. city, where some had suggested maybe we have in other countries when we Why are constitutional standards, we shouldn’t have a hearing yet be- have helped other countries, and we backed by history and precedent, being cause we shouldn’t talk about what is will stand up for a serious problem questioned for this President’s Su- going on, the mayor of that city took right here at home, and we have the preme Court nominee? If we were to just the opposite view. He said: We courage to spend the money to do it. rely on pure logic and simple consist- have a problem; so we should talk I yield the floor. ency, the question to ask is, Would our about it to see what we can do about it. The PRESIDING OFFICER (Mr. friends on the other side deny a Presi- He was happy I came there. Although SASSE). The Senator from New Jersey. dent of their own party the right to he is a Republican and I am a Demo- FILLING THE SUPREME COURT VACANCY make that appointment? I think not. crat, we both said there is no politics Mr. MENENDEZ. Mr. President, I ap- The only conclusion we can draw is and partisanship in this and we ought preciate the distinguished ranking that this is yet another validation of to face it. member of the Judiciary Committee their strategic decision 7 years ago at a But here is what happened. We sched- for yielding at this time. I agree with Republican retreat to make Barack uled that hearing, and we thought we him on the issue of the legislation be- Obama a one-term President and ob- could use a hall of such-and-such a size. fore us, but I felt compelled to come to struct this President at every turn, and As the days toward the hearing kept the floor to speak about the vacancy in then claim political victory for their coming, we found we needed a bigger the U.S. Supreme Court. own misguided inaction and refusal to and bigger hall because more and more I rise to support this President’s obli- govern. people wanted to come there. We found gation—any President’s obligation—to What is most astonishing is that they we had the faith community, law en- name a Supreme Court nominee to fill claim, like Justice Scalia, that the

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.013 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1186 CONGRESSIONAL RECORD — SENATE March 2, 2016 Constitution is carved in stone, that it a case involving former Vice President But if the President chooses not to fol- is undeniable and impervious to inter- Dick Cheney, he said: low this model, but instead, as Chair- pretation. Yet, somehow, they can With eight Justices, [it raises] the possi- man BIDEN said, ‘‘goes the way of Fill- completely ignore what it clearly bility that, by reason of a tie vote, the Court more and Johnson and presses an elec- states in yet another effort to obstruct will find itself unable to resolve the signifi- tion-year nomination,’’ then the Sen- this President’s ability to govern. cant legal issue presented by the case. Even ate shouldn’t consider the nomination So I say to my friends on the other one unnecessary recusal impairs the func- and shouldn’t hold hearings. side: This President was elected twice tioning of the Court. It doesn’t matter, he said, ‘‘how good to serve two full terms. It has only So I believe that in life, Justice a person is nominated by the Presi- been 7 years. It is time to accept it and Scalia, as a textualist, would say the dent.’’ So the historical record is pret- move away from obstructionism and on President has an obligation to nomi- ty clear. But we haven’t talked as to governing. nate a Supreme Court Justice. In 1987, much about one of the main reasons The President and I may have dif- before the Democratic Senate con- Chairman BIDEN was so adamant that ferences on certain policies, but we are firmed Justice Kennedy, it was Presi- the Senate shouldn’t consider a Su- in complete agreement that he should dent Reagan who said: ‘‘Every day that preme Court nominee during a heated not be denied the ability to fill this va- passes with the Supreme Court below Presidential election. It is because of cancy on the Court. Democrats did not full strength impairs the people’s busi- the tremendous damage such a deny President Reagan the ability to ness in that crucially important body.’’ hyperpolitical environment would confirm Justice Kennedy in an election I ask my Republican colleagues: How cause the Court, the nominee, and the year, and the Republicans should not long are you willing to impair the peo- Nation. In short, if the Senate consid- deny this President the same ability ple’s business? How long are you will- ered a Supreme Court nominee during under the same circumstances. We ing to stick to a strategy of obstruc- a heated Presidential election cam- should have the decency and respect tionism over good governance? How paign, the Court would become even for the Constitution to let the unam- long are you willing to deny this Presi- more political than it already is. biguous wisdom of article II, section 2, dent his constitutional authority and That is a big part of what was driving clause 2 to determine our actions obligation to appoint a nominee to sat- Chairman BIDEN in 1992 when he spoke today, as we did then. isfy your political agenda? How long these strong words. Here is how Chair- So let’s stop the political posturing. are you willing to deny equal justice man BIDEN described the problem in an Let the President fulfill his constitu- under the law? interview—not the speech on the floor tional responsibility and the Senate It was John Adams who reminded us that I have quoted in the past—about a fulfill its advice and consent role. Let’s that this is ‘‘a government of laws, not week before his famous speech of 1992: fulfill one of the most basic and solemn of men.’’ Can you imagine dropping a nominee . . . duties we have. Let’s have a hearing It was Justice Felix Frankfurter who into that fight, into that cauldron in the and take a vote. The American people said: ‘‘If one man can be allowed to de- middle of a Presidential year? deserve a fully functioning Supreme termine for himself what is law, every He continued: man can. That means first chaos then Court. I believe there would be no bounds of pro- There is a bipartisan tradition of giv- tyranny. Legal process is the essential priety that would be honored by either side. ing full and fair consideration to Su- part of the democratic process.’’ . . . The environment within which such a preme Court nominees. Even when a Let’s not in this Chamber be the hearing would be held would be so super- majority of the Senate Judiciary Com- ‘‘one man.’’ Let’s respect the Constitu- charged and so prone to be able to be dis- mittee has not supported the nominee, tion and do our jobs. In this case, the torted. the committee has still sent the nomi- Constitution is settled law. Let’s not As a result, Chairman BIDEN con- nee to the full Senate for a floor vote. unsettle it through a misguided deter- cluded: And it should be noted that at no time mination to score political points to Whomever the nominee was, good, bad or since World War II has the Court oper- undermine the legitimacy of this Presi- indifferent . . . would become a victim. ated with fewer than nine Justices be- dent. My friend the Vice President—but a cause of the Senate simply refusing to The American people understand friend when he was in the Senate—then consider a nominee. that our obligation in this process is to considered the tremendous damage Now, every day when I come to work, advise and consent, not neglect and ob- that thrusting a Supreme Court nomi- I pass the Supreme Court, and the struct. The American people will see nee into a frenzied political environ- words over the portal of the Supreme the harm to our country and our courts ment would cause and weighed it Court say: ‘‘Equal Justice Under Law.’’ if the majority continues these polit- against the potential impact of an Equal justice under law demands that ical tactics. Let’s do the right thing. eight-member Court for a short time. the judicial branch be fully functional. Let’s do our jobs and respect this insti- He concluded that the ‘‘minor’’ cost of When we have a Supreme Court dead- tution and the Constitution by holding the ‘‘three or four cases’’ that would be locked in a decision, the decision in the hearings and voting on a Supreme reargued were nothing compared to the lower court stands and the highest Court nominee. damage a hyperpoliticized fight would court in the land has no precedential Let’s provide for equal justice under have on ‘‘the nominee, the President, value. Let’s be clear. When there is a the law. the Senate, and the Nation, no matter difference between different Federal With that, I yield the floor. how good a person is nominated by the courts in our country in different juris- The PRESIDING OFFICER. The Sen- President.’’ dictions, it is the Supreme Court that ator from Iowa. The former chairman concluded that determines what is the law of the land Mr. GRASSLEY. Mr. President, we because of how badly such a situation so that Federal law is not different in just heard some very legitimate ques- would politicize the process, and based New Jersey than it is in Texas. But if tions from the previous speaker that on the historical record, the only rea- the Court is deadlocked in two similar ought to be answered, and I am going sonable and fair approach—or as he cases and the decision reverts to the to go back to the familiar to answer said, the ‘‘pragmatic’’ approach—is to finding of the lower court, there could that—to the so-called Biden rules. not consider a nominee during a Presi- be differences in how a person in New By now everyone is pretty familiar dential election. Jersey is treated than a person is in with the Biden rules, so I am not going He said. to take time to go over all of them Texas under the same Federal statute. Once the political season is underway . . . It is not equal justice under the law. again, but they boil down to a couple action on a Supreme Court nomination must To have equal justice under the law, basic points. be put off until after the election campaign the Nation needs the Supreme Court to First, the President should exercise is over. That is what is fair to the nominee be fully functioning. Justice Scalia restraint and ‘‘not name a nominee and is central to the process. Otherwise, it himself spoke of the problems with an until after the November election is seems to me, Mr. President, we will be in eight-Justice Court. In 2004, in explain- completed,’’ or, stated differently, the deep trouble as an institution. ing why he would not recuse himself in President should let the people decide. He concluded:

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.014 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1187 Senate consideration of a nominee under bate—a national debate—between the ‘‘Oh, the approval rating of the Su- these circumstances is not fair to the Presi- Democratic nominee and the Repub- preme Court has gone down.’’ The ma- dent, to the nominee, or to the Senate itself. lican nominee about what kind of Jus- jority of the Supreme Court Justices This, in part, is why Chairman BIDEN tice the American people want on the have been appointed or nominated by went to such lengths to explain the his- Supreme Court. That is what the Republican Presidents. And we are tory of the bitter fights that occurred American people deserve, and that is going to blame President Obama be- in Presidential years. He said: ‘‘Some why we are going to let the people de- cause the Republican Justices, nomi- of our Nation’s most bitter and heated cide. nated by Republican Presidents, are confirmation fights have come in Pres- But beyond one Justice, there is an bringing down the approval rating of idential election years.’’ even more basic debate occurring. At the U.S. Supreme Court? According to I will state this about the discussion my town meetings, often somebody my dear friend from Iowa—he is saying we are having today and will probably will come in very outraged about why President Obama should be blamed for have every day for the next several I won’t impeach Supreme Court jus- what those Republican Justices on the months: Everyone knows that this tices. They say: ‘‘They’re making law, Supreme Court did. This is ‘‘Alice in nominee isn’t going to get confirmed. instead of interpreting law. How come Wonderland.’’ Republicans know it, Democrats know you put up with that?’’ I don’t care what happens; President it, the President knows it, and, can you So we can have a debate between the Obama has to get blamed for it. Even if believe it, even the press knows it. Republican nominee and the Democrat we have a hurricane or something, it That is why the Washington Post nominee on what the constitutional must be President Obama’s fault. But called the President’s future nominee a role of the Court is. And we can have a this is about as far a stretch as I’ve ‘‘judicial kamikaze pilot,’’ and the New debate about whether we want a Jus- ever heard. If the approval rating of York Times noted that the nominee tice who expresses empathy and under- the court goes down because of the five would need an ‘‘almost suicidal will- standing of people’s problems—the Republicans who constitute the major- ingness to become the central player in President’s standard. As we all know, ity of it, it is about as farfetched as a political fight that seems likely to that is not the purpose of the judicial ‘‘Alice in Wonderland’’ to blame Presi- end in failure.’’ branch of government. That branch of dent Obama for it. So the only question is, Why would government isn’t supposed to let their Let’s talk about facts. I like to talk the other side come to the floor to ex- personal feelings be involved whatso- about facts. It’s the way Democrats press outrage about not having a hear- ever. And the President should not en- have handled Republicans’ nominees. ing? It is because they want to make courage the Justices he appoints to let What my distinguished friend doesn’t this as political as possible. their feelings decide cases. Their job is point out, even though it has been The press has already picked up on to look at what the law says, what the pointed out to him by the Vice Presi- it. For instance, CNN reported that the Constitution says, what the facts of dent and by the President personally, other side hopes to use the fight over a the case are, and to make an impartial certainly in my presence, Vice Presi- Supreme Court nominee to ‘‘energize judgment. dent BIDEN’s speech—you should read the Democratic base.’’ They are al- Consider a Justice appointed to the the whole speech—he is talking about ready using the Supreme Court and the Supreme Court by a Republican presi- what happens after the election. Vice eventual nominee as a political weap- dent, who wrote that the Affordable President BIDEN as Chairman BIDEN on. They want nothing more than to Care Act didn’t fit into what Congress put through, in an election year, a Re- make the process as political as pos- could do in regards to regulating inter- publican nominee to the Supreme sible. That is why the President wants state commerce—because that rea- Court and got a unanimous vote of to push forward with a nominee who soning could not be upheld under the Democrats and Republicans in this won’t get confirmed. That is why the Constitution. Instead, that Justice de- body. Those are the facts. The fact is other side is clamoring for a hearing on cided the Court could uphold the Act that we now use a different standard, it a nominee everyone knows won’t get under the Congressional taxing power appears. In President Bush’s final 2 confirmed. Making the Court even and found a way to sustain this Presi- years, Democrats controlled the Sen- more political is absolutely the last dent’s legacy. It was also a Republican ate. I was chairman. We confirmed 68 of thing the Supreme Court needs. Justice who said: Find all kinds of his nominees. In President Obama’s The Court has been politicized ways to do what you want to do as op- final years in office, Republicans have enough already. A recent Gallup poll posed to what the Constitution re- allowed only 16. These are facts. This documents the frustration I hear ex- quires or what Congress intends in leg- isn’t rhetoric, these are facts. We al- pressed even at the grassroots of my islation. lowed 68 for a Republican President State of Iowa. In the 6 years since It would be nice to have a debate be- and Republicans allowed only 16 for a President Obama has appointed two tween a Democratic nominee and a Re- Democratic President, and then they Justices, the American people’s dis- publican nominee, whether we have are going to blame the state of the ju- approval of the Supreme Court jumped two, three, or four national debates or diciary on President Obama? from 28 percent disapproval in 2009 to whether they have hundreds of appear- Then he talked about Vice President 50 percent disapproval in 2015. That is ances around the country, to have BIDEN when he was chairman and what what happens when Justices legislate these basic constitutional issues dis- he might have said during President from the bench. This Senator might cussed. And then we should let the peo- H.W. Bush’s last year in office. Do you say there is even a Republican nominee ple decide not only who appoints the know what Vice President BIDEN did? sitting on that bench that has legis- next Justice but who will decide the di- They tried to imply that he blocked lated from the bench as well. rection of the Supreme Court for gen- judges. He put through 11 Republican That is what happens when Justices erations to come. nominees for the circuit court and 53 make decisions based on their personal I yield the floor. Republican nominees for the district political preferences or what is in their The PRESIDING OFFICER. The Sen- court—11 for the circuit court, 53 for heart rather than what is in the Con- ator from Vermont. the district court. Do you know what stitution and the law. The last thing Mr. LEAHY. Mr. President, I found Republicans have allowed? Five lower we need is to further politicize that this interesting. When my children court nominees this year. So if you say process and the Court. were little, I would read fairy tales to we want to follow the Biden rule, I I just want to make sure that every- them, and they especially loved wish we would. We put through 53 dis- one understands what all of this out- ‘‘Through the Looking-Glass’’ and trict court nominees and 11 circuit rage is really about. It is about making ‘‘Alice in Wonderland.’’ And listening court nominees, and during a Democrat this process as political as possible. to this speech, I thought of ‘‘Through President’s last year in office the Re- We aren’t going to let that happen to the Looking-Glass’’ and ‘‘Alice in Won- publican-controlled Senate has allowed the Court, the nominee or the Nation, derland.’’ only five. Come on, let’s be fair. to follow the suggestion of then-Sen- It is interesting how President The fact is, in a Presidential election ator BIDEN. We are going to have a de- Obama gets blamed for everything. year, we have never blocked a Supreme

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.016 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1188 CONGRESSIONAL RECORD — SENATE March 2, 2016 Court nominee because it was a Presi- ery Act today because it has been said didn’t even take up the CARA bill in dential election year. In fact, since the by several of my colleagues that there the Judiciary Committee until this Judiciary Committee began holding is funding to implement this bill and February. So there is a timing prob- confirmation hearings for Supreme that that funding is already in the gov- lem. How could the appropriators last Court nominees in 1916, it has never de- ernment’s accounts, that if we pass the June have predicted this state of af- nied a nominee a hearing. CARA bill, we will be able to fund it fairs on the floor right now? The appro- I tell you this because the Constitu- and put it to work right away. Let me priators would have had to have had an tion requires the President to make a say with regret that I disagree with astonishing, wizard-like ability to read nomination—it is very clear—and then that assertion. the future in order to fund back then it says that we shall advise and con- I am sorry to have a disagreement an unpassed bill—indeed, a bill that sent. Well, they are saying: ‘‘No, we with my colleagues over this funding then didn’t even have a committee won’t advise; we won’t consent; we question after all the very excellent bi- hearing scheduled, let alone markup, won’t even have a hearing.’’ partisan work we have done to get this passage, and the choice to bring it to Mr. President, I have taken the oath bill to this point. This really has been the floor. Clearly, in June the Labor- of office here seven times. It is a mov- a legislative model. For years we HHS appropriators were funding exist- ing, thrilling moment. I am sure the worked on the statute. We had five dif- ing programs, and when the omnibus distinguished Presiding Officer, when ferent full-on national seminars in passed in December, these same pro- he was sworn in, knew it was a solemn Washington, bringing people in from grams were funded at an even higher moment. You promise to uphold the all around the country to advise us on level. In fact, Democrats demanded Constitution, so help me God. The Con- all the different aspects of the opioid they be funded at nearly the identical stitution says the President shall problem. We had an advisory com- level proposed in the President’s budg- nominate. It says we shall advise and mittee that supported us which was et. The President’s budget goes even consent. broadly represented from all the dif- further back in time. The President’s I took my oath very, very seriously. ferent interests that are affected by budget certainly could not have fore- That is why—just as Vice President the opioid crisis. We came up with a bi- seen CARA, the Comprehensive Addic- BIDEN did when he was chairman—I partisan bill which came through com- tion and Recovery Act. So there is a moved a significant number of Repub- mittee in regular order, without objec- timing problem. lican judges through, even in the last tion from anyone, and which is now on Second, this CARA bill, back when year that President Bush was in office. the Senate floor awaiting passage. these appropriations were passed in And that is so different from what we That is the way it is supposed to work. June, was funded through different ac- see now. But on this question of whether it is counts than the accounts it is funded Just think about it. They criticize funded, I must disagree, and I wish to through now as we see it on the floor. Vice President BIDEN. The last year explain why. When the appropriations were passed, President George H.W. Bush was in of- For openers, let me explain that in it was funded through accounts that fice, Vice President BIDEN was chair- Congress, there are committees that would be funded by CJS appropriators. man of the Judiciary Committee. He authorize funding. In the case of this So there is a committee mismatch as put through 11 circuit court judges and bill, the relevant committees are the well as a timing problem to any claim 53 district court judges. If you want to HELP Committee and the Judiciary that these funds were intended for the talk about the Biden rule, the Repub- Committee. But it is the Appropria- CARA bill. licans have allowed only five lower tions Committee that actually deter- The bulk of the CARA bill back court judges. Come on, let’s get this mines what funding will go into which then—in fact, 10 out of its 13 pro- out of partisanship. By any standard accounts. The Appropriations Com- grams—authorized funding through Ju- whatsoever, when there has been a Re- mittee, in turn, is broken up into sub- diciary Committee programs, which is publican President and a Democrat- committees, which determine the fund- why the bill was sent by the Parlia- ically-controlled Senate, we have ing of different accounts in different mentarians here to the Judiciary Com- treated that Republican President far areas of government. So one sub- mittee. So if back then the intention better than they have treated Demo- committee has jurisdiction in one set was to fund CARA, it would have been cratic Presidents. of accounts and another subcommittee CJS that would have funded 10 of those But then to hear that because the has the appropriations authority over 13 programs. The appropriators for the five Republican-appointed majority other accounts. funds my colleagues speak of were not members of the Supreme Court are The funding my colleagues have re- the CJS appropriators but the Labor- bringing down the approval rating of ferred to as the funding for this CARA HHS appropriators. Again, there is a the Supreme Court for the American bill was appropriated by what we call committee mismatch. people, telling the American people it in the Senate the Labor-HHS Appro- Here is what happened that explains must be President Obama’s fault—even priations Subcommittee. The Labor- the shift. After the fiscal year 2016 om- if those five members were nominated HHS Appropriations Subcommittee ap- nibus had passed, we were informed— and approved before President Obama’s propriates two accounts that generally the sponsors and authors of the legisla- Presidency—that goes too far. That is correspond to the authorizing power of tion—that in order to get our bill out ‘‘Through the Looking-Glass.’’ That is the HELP Committee. So there are of the Judiciary Committee, the CARA ‘‘Alice in Wonderland.’’ three committees involved: Judiciary, bill had to be rewritten so that it oper- I see the distinguished senior Senator HELP, and Appropriations. The sub- ated only through existing Federal pro- from on the floor. committee on Appropriations that ap- grams. There are Republicans, as the I yield the floor. propriated this money generally cor- Presiding Officer well knows, who live The PRESIDING OFFICER. The Sen- relates to the authorizing power and by the principle of no new Federal pro- ator from Rhode Island. jurisdiction of the HELP Committee. grams, even for new crises, and we were Mr. WHITEHOUSE. I thank the dis- There are other Appropriations sub- asked in the Judiciary Committee to tinguished ranking member of the Ju- committees. For instance, there is one accommodate them. So we accommo- diciary Committee very much. While that we refer to as CJS. CJS appro- dated them. We rewrote the bill in Jan- he is on the floor, let me thank him for priates to, among others, the accounts uary to accommodate those concerns. his leadership, support, and passion for within the authorizing power of the Ju- So this February, when CARA came the Comprehensive Addiction and Re- diciary Committee. So that is the before the Judiciary Committee, it had covery Act, which was shepherded background. been revised to move the bulk of its through the Judiciary Committee Now let’s go through the problems. new programs out of the Judiciary under his guidance and with his wise One problem with my friend’s argu- Committee accounts and into accounts and benevolent support. I am very ment that the bill is funded is that the under the jurisdiction of the Com- grateful. funding measure to which they refer mittee on Health, Education, Labor, I am on the floor to talk about the originally passed out of its Appropria- and Pensions. Now, of the 10 programs Comprehensive Addiction and Recov- tions subcommittee last June. We remaining in the bill, 8 are located at

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.017 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1189 the Department of Health and Human these drug overdoses are related to prescrip- Judiciary Committee to the HELP Services, in the jurisdiction of the tion drugs. While addiction is a treatable dis- Committee. Back then, CARA was HELP Committee. But that move was ease, only about ten percent of those who mostly funded through another sub- need treatment receive it. long after these appropriations were We write to express our strong support for committee—CJS. Back then, CARA made. You cannot connect them. fiscal year (FY) 2016 funding for programs had not even been scheduled for its I should interject that this change that would support the integrated strategies hearing in Judiciary. created an intrusion by our Judiciary for addressing opioid abuse included in the So why was the funding for the bill into the jurisdiction of the HELP Comprehensive Addiction and Recovery Act opioid crisis put in and, indeed, in- Committee. All here today who support of 2015 (CARA, S. 524). This bipartisan legis- creased by the appropriators of the the CARA bill owe a great debt of grat- lation was developed over the past year and HELP accounts? Obviously, because itude and appreciation to Chairman a half through a cooperative process involv- 47,000 people died last year—in 2014, the ing key national stakeholders in the public last year we have on record—of opioid ALEXANDER and to Ranking Member health, law enforcement, criminal justice, MURRAY for allowing this bill to pro- and drug policy fields, and is designed to overdose deaths. This is a national cri- ceed, even though it now involves a fight prescription opioid abuse and heroin sis. They were paying attention to it. considerable number of accounts under use holistically—from expanding prevention They were putting resources in, but not their committee’s jurisdiction. They to supporting recovery. resources to implement the bill that we have done so very graciously, without Among other objectives, CARA would: are about to vote on in the next few demanding further hearings or other- Expand prevention and educational ef- days. forts—particularly aimed at teens, parents Indeed, as we speak, SAMSHA, the wise asserting their HELP Committee’s and other caretakers, and aging popu- turf. So to both of them I offer, and we lations—to prevent prescription opioid abuse relevant agency, is gearing up its grant should all offer, our sincere and heart- and the use of heroin. applications to go forward and solicit felt thanks. Expand the availability of the overdose re- bids for all the money the appropri- It does seem a stretch to think that versal drug naloxone to law enforcement ators approved and that was dialed up the appropriators in the Appropria- agencies and other first responders. in the omnibus. And SAMSHA is pro- tions subcommittee that funds these Expand resources to promptly identify and ceeding under the pre-CARA laws. treat individuals suffering from substance SAMSHA intends to spend every dollar HELP accounts could have foreseen use disorders in the criminal justice system. last June not only that CARA would Expand disposal sites for unwanted pre- of the appropriated funds, CARA or no pass out of the Judiciary Committee in scription medications to keep them out of CARA. That means if this CARA bill February and not only that it would the hands of children and adolescents. passes, every dollar that goes this year come to the floor now, but also could Launch an evidence-based prescription to fund a CARA program will take have foreseen that so many of its pro- opioid and heroin treatment and interven- away funds from that pre-CARA grant grams would have been transferred tion program to expand best practices array that SAMSHA is preparing right throughout the country. from Judiciary Committee to HELP Launch a medication-assisted treatment now. In that case, we will necessarily Committee accounts. That would have and intervention demonstration program. be robbing Peter to pay Paul. You can- been an astonishing—indeed, truly Strengthen prescription drug monitoring not count the same funding twice, and magical—feat of prediction. programs to help states monitor and track there is no new money for CARA. The simple fact is that the Labor- prescription drug diversion and to help at- One can make the argument, and, in- HHS appropriations that my friends risk individuals access services. deed, I would accept the argument that As you begin consideration of the FY 2016 rely on as the funding for this CARA though we are robbing Peter to pay appropriations bills, we urge you to provide Paul, CARA’s Paul is better than pre- bill passed out of the relevant sub- sufficient funding for the provisions included committee with little or no regard for in CARA, which would provide the resources CARA’s Peter. CARA is, after all, a CARA. and incentives necessary for states and local very good bill, but the funding math is Mr. President, I ask unanimous con- governments to expand treatment, preven- still undeniable. We are, in fact, rob- sent to have printed in the RECORD a tion, and recovery efforts for the millions of bing pre-CARA Peter to pay for a new letter dated April 2, 2015, regarding this Americans who are affected by substance use CARA-improved Paul. So one can argue matter. disorders. Among other things, we ask that that funded programs may improve be- There being no objection, the mate- you ensure adequate funding for CDC’s pre- cause of CARA, at least to the extent scription drug surveillance and monitoring the funding goes to new CARA-author- rial was ordered to be printed in the activities and the Substance Abuse and Men- RECORD, as follows: tal Health Services Administration’s Medi- ized purposes. But that is an argument U.S. SENATE, cation-Assisted Treatment for Prescription that the same money will be better Washington, DC, April 2, 2015. Drug and Opioid Addiction program. Because spent. It is not a fair argument that Hon. RICHARD SHELBY, we know that medication-assisted treatment there is new money for CARA pro- Chairman, Subcommittee on Commerce, Justice, should be an important component in treat- grams. There is no new money. Science and Related Agencies, Committee on ing those suffering from opioid abuse in the In sum, the timing does not support Appropriations, Washington, DC. criminal justice system, we urge you to con- the argument that there is new funding Hon. ROY BLUNT, tinue your support for the Medication-As- for CARA. That money was appro- Chairman, Subcommittee on Labor, Health and sisted Treatment Pilot Program at the Bu- priated long ago. Indeed, this bill will Human Services, Education, and Related reau of Prisons. Agencies, Committee on Appropriations, Only through a comprehensive approach not even be law if we get it through the Washington, DC. that leverages evidence-based law enforce- Senate. There is still the House, the Hon. , ment initiatives, treatment, and support for Conference, and the President. What Ranking Member, Subcommittee on Commerce, recovery can we reverse the current sky- kind of wizards do we think our appro- Justice, Science and Related Agencies, Com- rocketing numbers of heroin and prescrip- priators must have been 8 months ago mittee on Appropriations, Washington, DC. tion opioid overdoses and deaths. Thank you at seeing a future for this bill which we Hon. PATTY MURRAY, for your consideration. even now cannot see? Ranking Member, Subcommittee on Labor, Sincerely, On top of that, the jurisdictional Health and Human Services, Education, KELLY A. AYOTTE, problem between Judiciary and HELP and Related Agencies, Committee on Appro- SUSAN COLLINS, priations, Washington, DC. CHRISTOPHER A. COONS, shows that the HELP appropriations DEAR CHAIRMAN SHELBY, CHAIRMAN BLUNT, SHELDON WHITEHOUSE, had to be intended back in June for RANKING MEMBER MIKULSKI, AND RANKING AMY KLOBUCHAR, other programs, specifically for the MEMBER MURRAY: As you may know, heroin United States Sen- HELP grants now underway at use and prescription opioid abuse are having ators. SAMSHA, which we would be robbing devastating effects on public health and safe- Mr. WHITEHOUSE. Mr. President, to fund CARA programs. ty across the United States. According to the letter I have submitted was written Unless they were time-traveling wiz- the Centers for Disease Control and Preven- to bring CARA to the attention of both ards, if the appropriators had intended tion (CDC), drug overdoses now surpass auto- mobile accidents as the leading cause of in- the CJS and the Labor-HHS sub- to add extra money for CARA for this jury-related death for Americans ages 25 to committees. But those subcommittees, fiscal year, they would have added the 64. Every day, more than 120 Americans die when they got this letter, had no idea money to the Judiciary accounts that as a result of drug overdose. Over half of the bulk of this would move from the were what CARA authorized back then

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.019 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1190 CONGRESSIONAL RECORD — SENATE March 2, 2016 when it was introduced and when the overdoses in order to open my eyes. Since vene the advisory committee to inform appropriators passed the appropria- leaving treatment in November of 2014, my all of its opioid approval decisions, the tions in the subcommittee. recovery has not stopped; I continue to learn FDA continues to ignore outside ex- Finally, it is a fact that all of this and to grow daily. I have also learned of the perts who could help stem the tide of appropriated money my friends speak medical issues and complications that my tragic deaths and overdoses plaguing heroin use has led to. I now suffer from sei- of is already on its way to being spent. zures because the excessive drug use over 5 this country. It will be spent even without CARA. It years has led to minor brain damage. Along That is why I have filed an amend- will be spent even if, for some reason, with the seizures, I have tested positive for ment to require the FDA to convene CARA fails. It may even be spent be- Hepatitis C and HIV, which is common with advisory committees of outside experts fore CARA becomes law, and it will be injection drug users. for all opioid approval decisions—pe- spent in programs to support addiction At the end of the day, all I want to do is riod. Now is the time to implement ef- recovery. to help others who are struggling because I fective and commonsense solutions, That is the logic of my conclusion know what they are going through. but we need funding to do that; funding that there is no funding for CARA. Mr. President, she is one of the fortu- for families, funding for treatment pro- That is the logic of my conclusion that nate ones. She found the help she need- viders, funding for our sheriffs and fire- to fund CARA without robbing other ed and had the strength and support to fighters who carry overdose prevention addiction recovery programs, we would get clean. But I am hearing enormous drugs that save lives. We need to pro- need new funding, not just last year’s frustration from people who don’t feel vide the real resources necessary to ad- appropriations. And that, my friends, that sufficient resources are being dress a crisis that is only growing in is why Senator SHAHEEN’s emergency brought to bear on this enormous epi- numbers and severity, and that comes funding bill is so important. demic of prescription drug and heroin in the form of emergency funding. We With that, I see my distinguished addiction. are hemorrhaging lives by the day, and chairman on the floor, and I yield the All week we have heard the statistics supplemental funding is the first step floor. here in this Chamber. Our Nation is ex- needed to staunch the flow of suffering Mr. GRASSLEY. Mr. President, I periencing more deaths from drug and death. suggest the absence of a quorum. overdoses than from gun violence or Ladies and gentlemen, we are at a The PRESIDING OFFICER. The auto accidents. Eighty percent of the watershed moment in this national de- clerk will call the roll. people suffering from heroin addiction bate to address the public health crisis The bill clerk proceeded to call the started with opioid pain medications of addiction. So let us be clear. Stop- roll. approved by the FDA and prescribed by ping the overprescription of pain medi- Mr. MARKEY. Mr. President, I ask doctors, with 27,000 people dying from cation that is fueling opioid addiction unanimous consent that the order for an opioid overdose in 2014 and 1,300 of and overdoses starts with the pre- the quorum call be rescinded. those coming from the State of Massa- scribers. We need to require anyone The PRESIDING OFFICER. Without chusetts. who prescribes opioid pain medication objection, it is so ordered. This issue is one that doesn’t just af- and other controlled substances to un- Mr. MARKEY. Mr. President, I would fect the Bay State. America is drown- dergo mandatory training on safe pre- like to start my remarks on the Com- ing in a tsunami of heroin and prescrip- scribing practices and the identifica- prehensive Addiction and Recovery Act tion drug addiction that we must stop tion of possible substance abuse dis- today by complimenting all of the before it drowns any more families and orders. That is why I have filed an Members—Senator WHITEHOUSE, Sen- communities. amendment that requires prescribers ator GRASSLEY, Senator PORTMAN, Sen- Let us compare what we are did as a to get the education needed to help ator AYOTTE, Senator SHAHEEN, and all nation when confronted with other staunch this wall of suffering and the Members who have been working so deadly epidemics. A bipartisan major- death. The doctors will say they don’t want hard on this legislation to produce ity in Congress funded more than $5 education to be mandated; that it something which is very much needed billion to respond to Ebola. We dis- should be voluntary. Well, the FDA has by our country. patched the medical community and had voluntary education for opioid pre- I will start my remarks by telling a public health experts. Today the scribers in place since 2013 and has little story of a constituent who wants Obama administration is asking Con- been actively encouraging doctors to to remain anonymous. This is her gress for $1.8 billion in emergency fund- take these voluntary education mod- story: ing to fight the Zika virus. On July 20, 2009, I was the passenger in a ules, but in more than 2 years, less Imagine if we applied the same com- than 12 percent of prescribers have ac- vehicle with my close friend at the time be- mitment, the same urgency, and the hind the wheel. The light turned green and tually completed the FDA’s voluntary as expected he hit the gas. While he was hit- same level of resources to the prescrip- education program. A survey of 1,000 ting the gas, the oncoming car never hit tion drug and heroin epidemic. We need physicians nationwide found that near- their brakes to stop at the red light they an immediate and comprehensive ly one-half of doctors erroneously re- were approaching. strategy that requires commitment ported that abuse-deterrent formula- I was painfully pinned in the passenger’s from all levels of government—State, tions were less addictive than their seat. All I could hear was my friend asking local, and Federal. That means Con- me if I was OK. Upon arriving in the ER I counterparts. It is unconscionable that gress must step up to respond with our doctors know so little about these was quickly poked, prodded, and injected leadership and with resources. We need with high-level painkillers. This is where it potentially deadly painkillers. all began. to stop the overprescription of opioid I intend to call up amendment No. Walking out of the hospital, I wasn’t only pain medication, we must prevent ad- 3382 later so we can make consider- walking out with crutches, but a prescrip- diction before it takes hold, and we ation of the bill. The amendment would tion that changed the next 5 years of my life. must provide the funding necessary to ensure that as a condition of receiving I was prescribed OxyContin to help manage ensure that we stem this tide of deadly a license to prescribe opioids, the re- the pain I was experiencing. With continuing addiction. cipient of the license is educated in the follow-up appointments and check-ins, also The Food and Drug Administration came more prescriptions for ‘‘pain manage- best practices for using opioids and the ment prescriptions.’’ must change its decision not to seek connection with addiction and with di- Two months after getting into a car acci- expert advice about the risks of addic- version. I intend to call up that amend- dent, I was a heroin addict. How quickly all tion before it approves abuse-deterring ment later, asking for consideration. things I knew changed. In September of 2009 opioids. Abuse-deterring opioids is a From my perspective, if we are going I not only began shooting heroin but I also contradiction in terms. Whether an to have a real strategy, then we have began my first semester of college. I was a opioid is used as a deterrent or not, it to make sure there is a requirement freshman at UMass Boston, worked full time, has not prevented tens of thousands of that there is continuing education. We but, secretly, I was also a heroin addict. I kept my addiction a secret from everyone I people who have had their wisdom also need to remove the barriers to ef- knew including my close friends and family. teeth removed or experienced lower fective treatment, including outdated On August 31, 2014 I woke up and said to back pain from getting addicted to Federal restrictions on medication-as- myself ‘‘enough is enough.’’ It took three these painkillers. By refusing to con- sisted therapies like SUBOXONE.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.020 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1191 Medication-assisted therapy for There will not be a vote. There will not not do its job because of the identity of opioid addition is cost-effective, it de- be a committee hearing. In fact, there this particular President. The Senate creases overdose deaths, and it reduces was even a suggestion, a commitment, has been willing to do the job for other transmission of HIV and hepatitis C. that the majority would refuse even to Presidents, but is there something That is why I have filed an amendment entertain courtesy office visits with about this particular President that is that would lift the caps that are lim- the nominee that President Obama is making the Senate decide to break its iting the number of patients doctors expected to send up soon. historical traditions and violate article can treat with medication-assisted I was disappointed in that, and I II, section 2, clause 2, and not do the therapy. If we are going to reduce the wanted to take the floor to offer a sim- job? supply of heroin and illicit prescription ple message. It is very important that This question has given some added drugs, we have to reduce the demand the Senate do its constitutional duty oomph because of another recent event. through effective treatment. I have and do its job with respect to the Su- In early February, President Obama been working with Senator PAUL from preme Court vacancy. The job is pretty sent his budget to the Congress. Pursu- Kentucky on that amendment. plain. We have a job description, as ant to the Budget Act of 1974—and this Also, fear of a lawsuit should not most people do who have jobs. The job has been followed uniformly by the deter anyone from trying to save the description is contained mostly in arti- Senate and the House—when the Presi- life of someone suffering from an over- cle I of the Constitution, but there are dent sends up a budget, the Budget dose. That is why I have filed an also descriptions of what we must do in Committees have a hearing about the amendment that creates a Federal the Senate in article II. Article II, sec- President’s budget—even if they do not Good Samaritan provision that shields tion 2, clause 2 of the Constitution says like it, and they often don’t like it, but from civil liability family members, the President ‘‘shall nominate, and . . . that is what you do. You have a hear- friends, and other bystanders who ad- with the Advice and Consent of the ing about the President’s budget. If minister opioid prevention treatments Senate, shall appoint’’ a variety of offi- you don’t like it, you criticize the like Narcan. cials, including Supreme Court Jus- budget and then you write a different The debate we are having on this leg- tices. budget. That is what has happened for islation this week is just the begin- This is part of our job description, to every President since the Budget Con- ning. We must let prescribers know entertain Presidential nominations for trol Act of 1974 passed. that unless they get basic education in Supreme Court Justices. We volunteer In the last year of the Bush adminis- opioids, they will have to turn off the for the job. We take an oath to do the tration, when there were Democratic spigot of painkillers that are flooding job. We cash a paycheck written by the majorities in both Houses when Presi- this country and leading to deadly American people to pay for us to do the dent Bush sent up his budget, hearings overdoses. We must let law enforce- job. Frankly, we don’t have the option were held on the budget. But in this in- ment and the judicial system know we of refusing to do the job. stance, just within the last month, cannot incarcerate our way out of this Is there anything unusual about this when the budget was sent up from problem. We must let Big Pharma situation, a vacancy on the Supreme President Obama, both committees know we are going to work to ensure Court occurring during the last year of said: For this President—breaking the that we have a lifting of awareness of a President’s term? The answer to that statute, breaking all tradition—we will this issue every single day. Enough is is no. not even have a hearing on this Presi- enough in this country. Enough is On 17 occasions, this body has enter- dent’s budget. enough. We have just seen an explosion tained and had a confirmation vote on So if we are going to break a con- in terms of this problem. a Supreme Court Justice in the final stitutional command and break a his- We must now let all of those strug- year of a President’s term—17 times. tory in which 17 Justices have been gling with addiction know that help is When this happened, people thought it confirmed in a Presidential year, and if on the way and that no matter how seemed rare, but when you go back and we are going to break it for this Presi- dark life seems right now, there is hope look at the historical record, it is not dent, and if we are going to break the and the Sun will rise for them once rare at all. On each of those occasions Budget Control Act and break a uni- again. in a Presidential election year, the form history since 1974 by not accord- I thank the Presiding Officer for giv- Senate has done its job under article II, ing even a hearing for the budget sub- ing me the opportunity to speak for section 2, clause 2, and entertained a mitted by this President, then a ques- some time, and I yield the floor. nominee. There is no reason why this tion that is being asked by the citizens The PRESIDING OFFICER (Mrs. Senate should not do exactly the same of this country—certainly the citizens ERNST). The Senator from Oregon. thing, follow that historical precedent. of this Commonwealth—is whether the (The remarks of Mr. MERKLEY per- As I have traveled around Virginia in actions taken here on this Supreme taining to the introduction of S. 2621 the weeks since the vacancy became Court nomination to not allow a vote, are printed in today’s RECORD under open, I have talked to a lot of citizens not allow a debate, not allow a com- ‘‘Statements on Introduced Bills and about this. Sometimes it is helpful for mittee hearing, and not even allow Joint Resolutions.’’) us in this body to think about the way courtesy office visits, is actually not The PRESIDING OFFICER. The Sen- others—especially our citizens—look at about the Supreme Court at all, not ator from Virginia. what we are doing or not doing here. even about the nominee, whosoever it FILLING THE SUPREME COURT VACANCY Citizens ask me: What possibly could shall be, but it is a particular mark of Mr. KAINE. Madam President, I rise be the reason why the Senate would disrespect for this President that is un- to offer some thoughts about the cur- not follow its clear historical prece- precedented in the history of this body. rent discussion over a vacancy on the dent and do a job description that is That is an explanation which many of Supreme Court. contained in the Constitution and my citizens are deeply worried about I had high hopes yesterday for the would refuse a vote, refuse debate, and which many of my citizens are meeting in the White House between refuse committee hearings, refuse even talking about and asking about, and the majority leader, the chairman of to meet with a nominee? Why would frankly I don’t have a good answer to the Judiciary Committee, President Congress not do its job? Why would the that concern. Obama, and Vice President BIDEN. I Senate not do its job? There is a second reason that sug- had high hopes that meeting might I have been thinking about that, and gests itself to me with respect to lead to an opening and a willingness to I can only conceive of two reasons why breaking all of the historical precedent entertain the important business of this Senate would not do its job, and on this particular Supreme Court va- filling a vacancy on the Supreme both of the reasons are highly illegit- cancy. It connects to another concern Court, but the announcements made di- imate, in my opinion. that I have taken to the floor many rectly after that meeting suggested—a The first reason—and this is a reason times to talk about as a member of the phrase we sometimes use back home— that occurs to many citizens, and they Foreign Relations and Armed Services that the schoolhouse door is going to are very concerned about this—is that Committees. There is another clause of stay closed. There will not be a debate. the Senate is announcing that it will the Constitution that I care deeply

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.048 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1192 CONGRESSIONAL RECORD — SENATE March 2, 2016 about, and that is article 1, section 8, checks and balances against each floor. If that vote is a yes, that will be clause 11. We should not be at war other. great. If that vote is a no, that will without a vote of Congress. We should always act, regardless of still be fully in accord with the con- We are now in the 20th month of a our disagreements, regardless of our stitutional job description of this Con- war, and Congress hasn’t even voted— debates or arguments, and the dif- gress. But to not entertain a nominee this war against ISIL. I go to hearings ferences of opinion are legitimate. We at all, in my view, would violate our all the time where Members of the Sen- should always act to promote respect oath, would violate the Constitution, ate criticize the President for what he for our institutions, not only the insti- and would express a significant dis- is doing or not doing in the war, but I tution of the Senate but the institu- respect for all three branches of gov- see a complete unwillingness in this tion of the court system, which has a ernment. House and the House of Representa- vacancy right now on the Supreme Madam President, I yield the floor. tives to actually do what the Constitu- Court, the institution of the Presi- The PRESIDING OFFICER. The Sen- tion commands and have a vote on the dency, toward whom we are sending a ator from Iowa. war. signal of disrespect by the actions that AMENDMENT NO. 3367 TO AMENDMENT NO. 3378 This circumstance reminds me of are being undertaken in this body. It is (Purpose: To establish a life-saving pro- that: a clear constitutional command part of the job we need to do to build gram to prevent drug and opioid abuse in in article 2, section 2, clause 2; a clear up the respect for the institutions of Medicare.) historical precedent of the Senate en- our government. If Senators don’t re- Mr. GRASSLEY. Madam President, I gaging; but now, for this President, on spect the institutions of our govern- call up the Toomey amendment No. this vacancy, a decision: Hold on a sec- ment, why would anyone else respect 3367. ond. Maybe we can just avoid voting them? If we act in a way that subverts The PRESIDING OFFICER. Without yes or no. If we vote yes for a nominee or tears them down, why would we ex- objection, the pending amendment is the President might send up, we will pect anyone else to respect the institu- set aside. make some people mad. If we vote no tion? The clerk will report. on a nominee the President sends up, I came here to this body because I do The senior assistant legislative clerk we will make some other people mad. respect the institution. I respect its read as follows: Maybe we can just avoid the commands history. We are all humans; we can The Senator from Iowa [Mr. GRASSLEY], for of article II, section 2, clause 2, avoid make mistakes. Votes have been cast Mr. TOOMEY, proposes an amendment num- the uniform history of this body, and that in the light of day you could look bered 3367 to Amendment No. 3378. not vote at all. If we can avoid voting at and expect to be different. But com- Mr. GRASSLEY. I ask unanimous at all, maybe we can evade account- pared to other systems in the world— consent that the reading of the amend- ability; maybe we can evade the criti- and I lived in a country that was a ment be dispensed with. cism that might come to us from our military dictatorship when I was a The PRESIDING OFFICER. Without constituents. young man, and I can certainly see the objection, it is so ordered. That is also highly troubling. great blessing it is to live here in this (The amendment is printed in the I can’t think of any other reasons country and serve here in this body. I RECORD of March 1, 2016, under ‘‘Text of why this body would violate the clear deeply fear that the actions we are em- Amendments.’’) commands of article II, section 2, barking on in connection with the Su- Mr. GRASSLEY. I yield the floor. clause 2, and violate a uniform history preme Court nomination are expressing The PRESIDING OFFICER. The Sen- of approving 17 Supreme Court Justices a profound disrespect for the article III ator from Oregon. during a Presidential year other than, branch, the courts; a profound dis- AMENDMENT NO. 3395 TO AMENDMENT NO. 3378 A, it is fundamentally a sign of dis- respect for the article II branch of the Mr. WYDEN. Madam President, I call respect for this particular President or, Presidency; and, frankly, a profound up amendment No. 3395. B, it is a desire by a Senate that cer- disrespect for our own history, tradi- The PRESIDING OFFICER. Without tainly has the votes to confirm or tions, and job description in this arti- objection, the pending amendment is deny, consistent with the constitu- cle I branch of the legislature. set aside. tional provision, to avoid taking a vote It is not too late for us to turn this The clerk will report. and thereby think we can avoid the ac- around. It is not too late for us to take The senior assistant legislative clerk countability to our citizens for casting a pause and, when the President sends read as follows: a vote on something that might be con- over a nomination for the Supreme The Senator from Oregon [Mr. WYDEN] pro- troversial. Needless to say, both of Court, to do what justice demands. If poses an amendment numbered 3395 to those reasons are highly illegitimate justice demands anything, it should be amendment No. 3378. and, in my view, are really beneath that we would analyze an individual on Mr. WYDEN. Madam President, I ask what we should be doing in this Cham- that person’s own merits instead of unanimous consent that the reading of ber. just saying that the blanket rule is the amendment be dispensed with. The last thing I will say is this: The that no matter who you are, no matter The PRESIDING OFFICER. Without job description of a Senator is laid out what your qualifications, because you objection, it is so ordered. in the Constitution, but there are other were sent by this President, we will The amendment is as follows: parts of the job that may not be laid create a unique rule for you and refuse (Purpose: To provide for comprehensive pro- out so plainly but that we all under- to entertain you. visions for the prevention and enforcement stand to be our job. For example, I We still have time to turn this of opioid abuse and treatment of opioid ad- don’t think it is laid out that we around. I have no idea when the Presi- diction) should passionately represent our citi- dent will send a nominee over, and I At the appropriate place, insert the fol- zens and do constituent service for have no idea who that nominee will be, lowing: them, but we all understand that is but when that nominee is delivered and SEC. ll. INCREASED ANTI-KICKBACKS PEN- part of the job. recommended to the Senate, it is my ALTIES. Well, another part of the job of a U.S. prayer that this body will do what arti- Paragraphs (1) and (2) of section 1128B(b) of Senator that may not be spelled out as cle II, section 2, clause 2, demands; the Social Security Act (42 U.S.C. 1320a– 7b(b)) are each amended by inserting ‘‘(or, directly as the power to advise and that we will do what we have done in beginning January 1, 2017, $50,000)’’ after consent on nominations or the power every other instance when a President ‘‘$25,000’’. to declare war is that we are elected has sent a nominee over in a Presi- SEC. ll. CENTER FOR MEDICARE AND MED- guardians of this institution, and more dential election year; that we will not ICAID INNOVATION TESTING OF than just the institution of the Senate, bar the schoolhouse door but we will OPIOID ABUSE TREATMENT PRO- we are elected to be guardians of the open the doors to our office to accord a GRAM MODEL FOR PART D PRE- SCRIPTION DRUG PLAN ENROLLEES. Democratic traditions that are set out nominee the courtesy of a discussion; Section 1115A of the Social Security Act in the Constitution, in this marvelous that we will have hearings in the Judi- (42 U.S.C. 1315a) is amended— Constitution that establishes three ciary Committee; and that we will have (1) in subsection (b)(2)(A), by adding at the branches of government that have a robust debate and a vote on this end the following new sentence: ‘‘The models

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.022 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1193 selected under this subparagraph shall in- section (including paragraphs (3) and (4) of general, and a child welfare and sub- clude the model described in subsection subsection (b) and subsections (d) and (f)), stance abuse expert. I asked all of them (h).’’; and the model under this subsection shall be one simple question, and that question (2) by adding at the end the following new deemed to be a model under subsection (b).’’. was: Does treatment and enforcement subsection: Mr. WYDEN. Madam President, along ‘‘(h) OPIOID ABUSE TREATMENT PROGRAM have to work in tandem to solve the CHUMER MODEL.— with my colleague Senator S , I opioid crisis? Each one of these wit- ‘‘(1) IN GENERAL.—The Secretary shall test rise to offer what, in my view, are some nesses—a witness chosen by Chairman a model requiring prescription drug plans needed changes to the amendment Sen- HATCH, a witness chosen by me, and an under part D of title XVIII to have in place, ator TOOMEY has now offered to the independent witness—answered yes to directly or through appropriate arrange- opioid bill. My bottom line for the my question. Prevention, treatment, ments, an opioid abuse treatment program opioid legislation is that a real solu- and enforcement must work in tandem, for applicable enrollees in lieu of the medica- tion has to include three priorities: tion therapy management program under and to do that we have to adopt this section 1860D–4(c)(2) with respect to such ap- more prevention, better treatment, and amendment. plicable enrollees. tougher enforcement. To be successful, We ought to take action to improve ‘‘(2) START DATE.—The model under this all three priorities must work in tan- policies in our government that will subsection shall start in plan year 2018. dem. actually solve the opioid crisis. I hope ‘‘(3) SELECTION.—The Secretary shall select The Toomey amendment, which is all of my colleagues will support my a limited number of Medicare part D regions often called the Part D lock-in, would perfecting amendment to the Toomey in which to the model, giving priority to re- allow Part D plans to identify people in amendment. gions based on the number of total opioid Medicare who may be abusing opioids. prescriptions in the region. With that, I yield the floor. ‘‘(4) REQUIREMENTS FOR PROGRAM.—Under These people would then be assigned to The PRESIDING OFFICER. The Sen- an opioid abuse treatment program, the PDP one prescriber and one pharmacy to get ator from New York. sponsor offering the plan shall— their pills. This is an enforcement pol- Mrs. GILLIBRAND. Madam Presi- ‘‘(A) establish a care team that includes at icy, and it cracks down on those who dent, I rise to speak in favor of amend- least— game the system. ment No. 3354. I filed this amendment ‘‘(i) a pharmacist; What is important, what is critical with my colleague from West Virginia, ‘‘(ii) a physician; and for the Senate to understand is that ‘‘(iii) an individual licenced in a State with Senator CAPITO, who has been a leader expertise in behavioral health (as deter- the story does not stop there. If some- in our fight against opioid addiction. mined by the Secretary), which may be the one is addicted to opioids, they need a The opioid addiction problem in our physician described in clause (ii); and path—a real path—to treatment. With- country is severe. It is growing, and it ‘‘(B) develop, in consultation with the ap- out treatment, they may get their pills is not going to end unless Congress plicable enrollee and with input from the on the street or they may turn to her- comes together to pass a law that tar- prescriber to the extent necessary and prac- oin. This amendment ensures those gets the root causes of this epidemic. ticable, a care plan for the applicable en- who are at risk for opioid abuse are rollee that is intended to treat the applicable The stakes are simply too high to ig- enrollee’s pain and limit any unnecessary connected to meaningful treatment nore. opioid prescriptions when possible. choices so they can better manage Last year alone, in communities all ‘‘(5) PAYMENT.— their pain and limit excessive prescrip- across our country, including many in ‘‘(A) IN GENERAL.—Under the model under tions. Those struggling with addiction New York, 1.4 million more Americans this subsection, the Secretary shall make a need the health care system to be all started abusing opioids. Every day, 44 monthly payment to the PDP sponsor offer- hands on deck, working to ensure that more people are killed by an overdose. ing the prescription drug plan for each appli- there is adequate treatment. That We have seen enough data to know cable enrollee who receives services under means your doctor, your health care the opioid abuse treatment program. that our opioid addiction problem is ‘‘(B) SHARED SAVINGS.—Under the model plan, and your pharmacy need to come spiraling out of control. Opioid addic- under this subsection, the Secretary shall together and develop a treatment plan tion is destroying too many lives in (using a methodology determined appro- in order to ensure that Americans are our cities, too many families in our priate by the Secretary) make payments (in on the road to real recovery. Without rural communities, and too many addition to the payments under subpara- access to treatment, the Toomey young men and women in our suburbs. graph (A)) to the PDP sponsor offering the amendment alone would simply lock I wish to tell the story of one of my prescription drug plan if the Secretary deter- persons suffering from addiction into a constituents whose name is Sean mines that total spending under parts A, B, and D of title XVIII (and including the pay- pharmacy, and they would still be Murdick. Sean was a really special and ments under subparagraph (A)) for applicable without a path out of addiction. Effec- gifted young man. He was cocaptain of enrollees who receive services under the tive treatment has to be more than his high school football team and had opioid abuse treatment program is less than handing a pamphlet to somebody strug- that rare ability to bring people to- a historical benchmark of total spending gling with a condition as powerful as gether and connect with anyone. Sean under such parts A, B, and D for such enroll- addiction. didn’t care if you were on the football ees or similar enrollees. Such benchmark My amendment also aims to end the team or had a disability, he was always shall be adjusted at the Secretary’s discre- tide of overprescribing in the first the first one there to help you when tion for changes in law or regulation, unfore- seen circumstances, or advances in medical place. It doubles the penalties for you needed it. practice. opioid manufacturers that provide After high school, Sean loved work- ‘‘(6) QUALITY.—Under the model under this kickbacks to prescribers in order to ing with his hands, so he got a good job subsection, the Secretary shall measure the boost their profits by promoting the as a construction worker. One day quality of care furnished by opioid abuse unapproved use of these drugs at the Sean broke his arm. Sean’s doctor gave treatment programs, including elements re- expense of a patient’s safety. The inap- him a prescription for oxycodone, a lated to access to care, the unnecessary use propriate practices of these companies powerful opioid to mask his pain. By of opioids, pain management, and the deliv- have been well documented in recent the time his prescription ran out, Sean ery of behavioral health services. years, and it is high time for real ac- was already addicted. He couldn’t ‘‘(7) APPLICABLE ENROLLEE.—In this sub- section, the term ‘applicable enrollee’ means countability when the opioid manufac- shake the addiction no matter how an individual who is, with respect to a pre- turers go too far. hard he tried. He started using heroin scription drug plan— I will close by saying that at the Fi- and tried to quit many times, but the ‘‘(A) enrolled with the plan; and nance Committee hearing, which was system failed. The system failed him ‘‘(B) an at-risk beneficiary for prescription held last week, I asked the three panel- nearly every step of the way, and last drug abuse (as defined in section 1860D– ists—one was a witness chosen by the fall Sean overdosed and died. 4(c)(5)(C)). distinguished chairman, Senator I would like to tell you Sean’s story ‘‘(8) MODEL NOT APPLICABLE TO MA–PD HATCH, one was a witness I chose, and from the perspective of his parents. My PLANS.—The model under this subsection shall not apply to MA–PD plans or enrollees one was an individual that both of us hometown paper, the Times Union, did of such plans. thought would make an important con- an incredible story about his life. I can ‘‘(9) CLARIFICATION OF APPLICATION.—For tribution. The panel consisted of a imagine the pain they suffer because I purposes of the preceding provisions of this pharmacist, a State assistant attorney have two young sons. The Murdicks

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.005 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1194 CONGRESSIONAL RECORD — SENATE March 2, 2016 had many questions but very few an- I have a bill to create that guideline. teamed up with Senators AMY KLO- swers, and they have been lost in a fog We need a guideline for the CDC. Our BUCHAR, JOHN CORNYN, TED CRUZ, and of grief since their son’s death 2 amendment is very simple. It would re- BRIAN SCHATZ to put forward a new bill months ago. quire the CDC to issue clear guidelines that could save countless lives. Our The Times Union wrote: to our medical community for when it legislation, named in honor of Kari They want to speak out in Sean’s memory, is appropriate to prescribe opioids in- Hunt, would require that everyone has to reclaim what heroin stole from them in stead of something nonaddictive, such the ability to call 911 in an emergency. the hope that it might help other parents as Extra Strength Tylenol. This problem isn’t isolated to one hotel struggling with a child’s addiction. Our amendment simply requires the room or a particular incident. ‘‘Sean did not die in vain,’’ his father said, As of March 2014, consumers could choking back tears. CDC to issue these clear guidelines for ‘‘We tried our best to save him. It wasn’t how much opioid medication our med- not directly dial 911 in 44.5 percent of enough,’’ his older brother said, his voice ical professionals can prescribe with- hotel franchises and 32 percent of inde- cracking. . . . His mother walked over, em- out putting a patient at high risk for pendent hotels. Over the past 2 years, braced her son and spoke soothing words addiction. These guidelines are already the hotel industry and phone manufac- into his ear. The father buried his head in his being done for chronic pain, so they turers have undertaken voluntary ef- hands. It was a tableau of sorrow. should also do them for acute pain. forts to improve the problem, and I do We have seen this happen far too We need to do something. As Mem- commend those efforts, but we need to often. When their son spiraled down bers of Congress, we need to respond to do more. If one person cannot call 911 into addiction— the suffering of so many of our con- in a life-or-death situation, that is one His parents could see something was wrong stituents. It is truly an epidemic, and person too many. The bill we have introduced, known with Sean. He lost a lot of weight and it needs a response. as Kari’s Law, would require multiline seemed distant and fidgety. He nodded off at I thank the Presiding Officer, and I the dinner table. telephone systems, such as those used His father found a syringe in the bathroom yield the floor. I suggest the absence of a quorum. in hotels and schools and office build- and confronted Sean. ings, to have a default setting that en- ‘‘Dad, I’m sick. I need help,’’ he said. ‘‘This The PRESIDING OFFICER. The is not me. I don’t want to be like this.’’ clerk will call the roll. ables people to directly call 911 without first dialing an access code such as 9 or The parents told their story to our The senior assistant legislative clerk 1. The bill also requires that these paper. The paper says: proceeded to call the roll. Mr. MCCONNELL. Madam President, phone systems be programmed to allow It was a revolving door of failure: detox, a central location—such as the hotel intensive outpatient care, relapse. He did not I ask unanimous consent that the order qualify for the most intensive and costliest for the quorum call be rescinded. front desk—to be notified if a 911 call is level of care, inpatient residential treat- The PRESIDING OFFICER. Without made. Through our legislation, first re- ment. They denied him because he was not objection, it is so ordered. sponders can more easily locate people homicidal or suicidal and had a stable home Mr. MCCONNELL. Madam President, during an emergency. Then they face environment. ‘‘It was a never-ending battle I ask unanimous consent that at 2:30 fewer barriers while this is unfolding. with the insurance companies,’’ his mother p.m. today, the Senate vote in relation Kari’s Law has already received gen- said. ‘‘They treated him like the scum of the erous support from across the country. Earth.’’ to the following amendments in the order listed: 3362, Feinstein; 3395, For example, in Nebraska, the bill is Now imagine being a parent and Wyden; 3367, Toomey; 3345, Shaheen; supported by the firefighters associa- going through this with your son— tions in Omaha and Lincoln, the Buf- that there be no second-degree amend- going from treatment center to treat- falo County Sheriff’s Office, the city of ments in order to the amendments and ment center. Beatrice Fire and Rescue Department, that, where applicable, Senator ENZI or When Sean finally died, he had the Cheyenne and Scotts Bluff County 911 his designee be recognized to offer a best care. He was in a treatment cen- representatives, and the chairman of budget point of order against the re- ter. When he called his mother, he said: the Scotts Bluff County Board of Com- spective amendment and that the spon- ‘‘Mom, I’ve gotta go. My steak’s ready,’’ he missioners. The bill is also supported sor or their designee be recognized to said. ‘‘Love you, mom.’’ by the hotel industry and the Amer- make a motion to waive; further, that He went into the bathroom, and he ican Hotel and Lodging Association. all the amendments be subject to a 60- overdosed. I would also like to acknowledge the affirmative-vote threshold for adoption Sean left his parents a final solace. Not efforts of FCC Commissioner Pai, who long before he died, he thanked them for and that there be 2 minutes equally di- has devoted time and resources to their unconditional love and how they sup- vided in the usual form prior to each bring attention to this very important ported him through a long road of misery. vote. issue. Commissioner Pai traveled to ‘‘You did everything right,’’ he told them. The PRESIDING OFFICER. Is there Nebraska last June, and he partici- I don’t know how a parent can hear objection? pated in a workshop on direct-dial 911 those words and think they did every- Without objection, it is so ordered. issues while at the University of Ne- thing right, but I can tell you as a Sen- The PRESIDING OFFICER. The Sen- braska in Lincoln. He has continued to ator that the U.S. Congress is not ator from Nebraska. encourage the industry to work with doing everything right. KARI’S LAW him in an effort to find solutions to Too many parents are telling these Mrs. FISCHER. Madam President, I this important issue. The Nebraska stories about their children who have rise today to discuss a bipartisan bill Public Service Commission, which led died and too many patients are being that ensures all Americans can access the workshop, has also been at the prescribed opioids, such as Percocet, 911 in emergencies. forefront of the discussion. Vicodin, and OxyContin for acute pain. In December of 2013, Kari Hunt was And finally, we would not be here dis- This medication is prescribed to pa- attacked in her Texas hotel room. As cussing this bill without the tireless tients for a broken wrist or when they this was unfolding, her 9-year-old work of Kari’s father, Hank Hunt. have a wisdom tooth pulled—medica- daughter tried desperately to call 911, Hank has worked day in and day out to tion that they may need for only 2 or 3 but the call did not go through. Like advocate for this legislation at both days. Why in Heaven’s name are they millions of American children, Kari’s the State and the national level. Hank sent home with a dose of 30 oxycodone brave daughter was taught to dial 911 has made it his mission to ensure that pills? What happens to those pills? Are for emergency assistance, but because no other family will have to suffer they given to kids at a party? Are they they were in a hotel room, the phone through a similar tragedy. I paraphrase sold to addicts? required her to dial 9 followed by 911. Hank: It was the look on my grand- We know there is a huge issue with In any emergency, a few precious sec- daughter’s face when we failed her. A 9- how prescriptions are being made, how onds can mean the difference between year-old did what she was instructed to much medicine is being given to pa- life and death. And although we cannot do by her parents, teachers, and adults. tients for this acute care, and right prevent tragic events from taking She was in a true, dire emergency, and now there are no guidelines—no guide- place, we do have the ability to make she followed instructions, but it didn’t lines—given to doctors. it easier to get help. That is why I have work.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.026 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1195 I would call on all my colleagues to scammers, especially those operating ery Act, is an attempt to find new ways support this important legislation. We overseas, to continue this fraudulent for prevention, education, and treat- owe it to Kari Hunt, her family, and practice. The Spoofing Prevention Act ment of substance abuse. There is an the Americans who rely on their abil- would crack down on spoofing by pro- amendment offered by Senator SHA- ity to call 911 for emergency help. hibiting caller ID spoofing on all voice HEEN from New Hampshire. It is really SPOOFING PREVENTION ACT calls, including those originating out- a test. All of us can agree on the goals. Madam President, I also want to take side the United States, and all calls Senator SHAHEEN says that is not a moment to speak about another bi- made using IP-enabled voice services. enough. That is an empty promise un- partisan bill that is currently before It would also prohibit caller ID spoof- less you pay to achieve the goals. We the Senate. This legislation also seeks ing done via text messaging, which is have to put the money into substance to protect Americans by updating our now becoming a really common prac- abuse treatment. We have to put the telecommunications laws. It would fix tice. Additionally, the bill directs the money into efforts with law enforce- loopholes in our laws that are allowing GAO to look at what the FCC and the ment to reduce the likelihood of these scammers to take advantage of inno- FTC have done to combat spoofing. drugs coming into the United States. cent Americans through a practice We must call for new solutions as That is why I support her amendment. known as caller ID spoofing. technology continues to evolve, and I I will offer another amendment too. Caller ID spoofing allows predators urge all my colleagues to support this What we are finding is that there are to deliberately falsify their identifica- important legislation so we can ensure not enough treatment facilities for this tion and telephone numbers relayed that our citizens are protected from huge growth in people who are addicted through caller ID. The scammers fre- fraud and abuse. to heroin and other narcotics. There quently ask for personal information Thank you. just aren’t enough. So my bill takes a and for money. Often, senior citizens I yield the floor. look at Medicaid. That is the health in- and our veterans are the target of The PRESIDING OFFICER (Mr. surance plan for people in low-income these predatory practices. Caller ID TILLIS). The Senator from Indiana. categories. A few years ago, we spoofing has become a major problem Mr. DONNELLY. Mr. President, I changed this law and said you can’t for Nebraskans and for law enforce- would like you to recognize the assist- treat people for substance abuse if you ment, which is why I am committed to ant minority leader from Illinois, Sen- have any more than 16 beds in your fa- eliminating this practice. ator DURBIN. cility—16. Can you imagine in the city In September 2013, USA Today high- The PRESIDING OFFICER. The Sen- of Chicago what that means? lighted the story of Marian Kerr from ator from Illinois. Well, I went to Haymarket, which is Hastings, NE. Ms. Kerr is an 83-year- Mr. DURBIN. I thank my colleague a wonderful operation started by Mon- old retired hospital nursing adminis- from Indiana. signor Ignatius McDermott decades trator who fell victim to a spoofing Mr. President, the bill before us is ago, which treats people for alcoholism scam. She received a call from individ- the Comprehensive Addiction and Re- and substance abuse. They have empty uals who claimed to work for the Fed- covery Act. It is one of the few bills on beds now that can treat people who are eral Government, and they asked for which we find so much bipartisanship. addicted to heroin and help them to her bank account information. The It really is an issue that all of us un- break away from this habit. But if they scammers told her they were Federal derstand back home is a major prob- are under Medicaid, they can’t offer officials and already had her name, ad- lem, wherever home may be. In my these beds to these individuals. So I dress, and her phone number. They State of Illinois, there is no town too have an amendment with Senator used this information to trick Marian small and no suburb too wealthy to of Maine, and this in- into providing her bank account num- avoid the challenge of this heroin cri- creases the number of beds in each fa- ber. Ms. Kerr had caller ID, but it dis- sis. cility to 40. This isn’t a runaway num- played a number in Nevada, not Wash- Here is what is happening. Over the ber. It is a manageable number, and it ington, DC, or Hastings, NE. She at- last 10 years, we have seen the pharma- is a realistic number. If we are going to tempted to call back repeatedly, but ceutical industry dramatically in- deal with heroin addiction, we have to she either received a busy signal or was crease the number of painkiller pills deal with it in an honest fashion. sent to voice mail. Ms. Kerr reported for sale. One classification of those Let me give an example of what I the incident to the police, but by then opioids includes OxyContin, consider to be one of the more effective it was too late. Her money was gone, hydrocodone, and other names that are approaches. In Gloucester, MA, the and there was nothing that law en- pretty familiar to us. It turns out that chief of police decided to try something forcement could do. there have been so many of these pills new. They were having too many her- Last fall, the Omaha FBI issued a produced that they have now created oin overdose deaths, so he made the de- warning about the danger posed by an industry of their own—an illicit in- cision and announced that if you came scammers using the Bureau’s identi- dustry where people are buying and to his police department or sheriff’s of- fication to target Nebraskans. The selling them to get high. When they fice and announced your addiction, callers claimed to be offering a grant reached a point where they can’t find they wouldn’t arrest you. They would from the Federal Government, and these pills or they are too expensive, put you into treatment. What hap- they proceeded to solicit credit card they switch, in the same category of pened was a number of people came for- and banking information. This practice narcotics, to heroin. Of course, heroin ward and went into treatment. It was a is happening across the country and it can kill you if you have an overdose. good outcome for them and for the needs to stop. Whether it is hard- We now have more people dying from community. working Nebraskans like Ms. Kerr or overdoses of heroin across the United I have a similar story from the town veterans who bravely served our coun- States than people who are dying in of Dixon in Illinois. They had too many try, no one is immune to this form of traffic accidents. To give you an idea of scary instances where people were ei- fraud. the volume of this challenge, I have ther close to a heroin overdose or actu- That is why I was very pleased to been all across my State, from one end ally passed away. They tried the same join with Senator NELSON last month to the other, from Southern Illinois all thing as Gloucester, MA, and offered to introduce the bipartisan Spoofing the way up to Chicago and the suburbs that if you came in and confessed your Prevention Act. This bill would amend and towns in between. There is hardly need for help and treatment, they the Truth in Caller ID Act. Currently, a single town that has been spared wouldn’t arrest you. They would take loopholes in this law are allowing where some teenager wasn’t found dead you into treatment. It worked. Over 20 scammers to manipulate caller ID in- because of a heroin overdose. There are local teenagers showed up because of formation and to harass millions of things we are doing to try to resolve their addiction and they were put into Americans. this, but we are not doing enough and treatment. While the Truth in Caller ID Act has not doing it fast enough. Of course, the problem is there aren’t helped to curb spoofing, the growth in So the bill that is on the floor, the enough treatment facilities. So this new technologies has allowed Comprehensive Addiction and Recov- amendment I have would expand the

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.027 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1196 CONGRESSIONAL RECORD — SENATE March 2, 2016 opportunities for treatment, and we on this question of opioid drug abuse I believe it is absolutely essential have to do that. but that we also make sure we fund the that when the President—and I hope The good news about this, if there is program. I thank him for his leader- expeditiously—nominates an individual a good part of this, is that we are fi- ship. to the Supreme Court, that this body nally dealing with addiction in reality. FILLING THE SUPREME COURT VACANCY do its job constitutionally: review that It is no longer viewed just as a moral Mr. President, I wish to take a couple applicant, meet with that applicant, failing or characterized as some omis- of moments and join with many of my hold hearings on that nominee, and sion of conscience. It is being viewed as colleagues to talk about an issue of then give that nominee the up-or-down a disease—a medical condition that enormous importance on the constitu- vote the Constitution requires. should and can be treated—and that is tional obligation to fulfill our duty in The remarkable thing is in a year why we are making a step in the right terms of reviewing whomever the where there is a lot of commentary direction. President of the United States nomi- about what the public wants, I can at We also—I think it bears repeating— nates for the Supreme Court. I wish to least tell my colleagues what the pub- we also changed the law in this Cham- start, though, by saying a few words lic wants in Virginia. They want us to ber not that many years ago, a law about Supreme Court Justice Antonin do our job. which was brought to the floor origi- Scalia and to offer my condolences to I have received an overwhelming re- nally by Senator Paul Wellstone of his family. Whether you agreed or dis- sponse from Virginians from one end of Minnesota and Senator Pete Domenici agreed with Judge Scalia’s decisions— the Commonwealth to the other. They of New Mexico, and that bill required and mechanically I disagreed with are expressing their opinion clearly that health insurance policies in the many of them—he was a remarkable about how the nomination process United States, in the future, would jurist and he was a remarkable indi- should move forward. A lot of Vir- cover mental health counseling and vidual. Over the last 10-plus years, I ginians are expressing their thoughts substance abuse treatment. So, now, got to know him and his wife Maureen about what kind of nominee the Senate because that became the law, the more in a social setting. He was warm, should confirm or not confirm, but health insurance plans we buy cover witty, charming, brilliant, and he will what they are not saying is that the our families for those needs. Many fam- be missed by all who agreed or dis- U.S. Senate should punt on this con- ilies who never dreamed they would agreed with him. My thoughts continue stitutional responsibility. They want need substance abuse treatment for to be with Maureen and his family. us to do our job. I rise, I think, almost in the mode of their kids, thank goodness, can turn to Over the past week, what I have what I believe Justice Scalia would their health insurance plan for that found most striking is the awkward have said as someone who was a strict kind of help. We have to protect that. public position held by so many people constructionist and someone who be- Those who talk about repealing the Af- who otherwise claim to be advocates of lieved so firmly in the words of the fordable Care Act would be repealing a strict reading of the words of the U.S. Constitution. The words of the Con- Constitution, who somehow are say- this very protection that families are stitution are quite clear in article II, ing—imagining something that doesn’t using now for substance abuse treat- section 2, where it says the President appear in the Constitution, that a ment. That isn’t the answer. The an- shall nominate Justices to the Su- President or at least this President in swer is to have more treatment facili- preme Court, and it is the responsi- his last year—we are not going to fol- ties available so people can rid them- bility of the Senate to advise and con- low the Constitution. We are going to selves of this addiction and get on with sent. their lives. So my request to all colleagues in kick it over until next year. I believe I have met so many of these people in this body is simply let’s do our job. It that is irresponsible. I believe it is in- my roundtables, including law enforce- is not if the President will nominate, it appropriate. I believe that does not fol- ment and doctors, but the ones I re- is when the President will nominate— low the interpretation of the Constitu- member the most are the young people and I hope he nominates soon—we tion and quite honestly I don’t believe addicted in high school who finally should give that nominee their due it would follow what Justice Scalia, were able to break the habit. They consideration, a fair hearing, and then who was a strict constitutionalist, have a chance now for real life, but it an up-or-down vote. The President has would want to see this body do. is because there was treatment there repeatedly voiced his strong commit- Yet we saw some on the other side of when they needed it. ment to nominating an eminently the aisle, literally within hours of Jus- I hope my colleagues will consider qualified replacement. That is his duty, tice Scalia’s passing, saying: No vote. this amendment. It will not come up and we must do ours. No proceeding. We are not going to do today, but it will soon. To those who suggest we should wait our job. We saw certain members of the This is a good bill. I hope they will and let the American people decide, the leadership meet yesterday with the vote for the Shaheen amendment be- truth is, they already did. In 2012, the President, again reaffirming their un- cause it pays for the services we are American people voted to return Presi- willingness to do their job. promising. I don’t want to end up mak- dent Obama to the White House for a This failure to act, this failure to do ing an empty promise to America as we second 4-year term. That 4-year term our constitutional duty, could result— face this heroin crisis. doesn’t end until January 20, 2017. I be- will result—in a vacancy on the Su- I yield the floor. lieve there is ample time to vet a preme Court stretching close to a year, The PRESIDING OFFICER. The Sen- nominee and still wrap up this process across two distinct terms of our high- ator from Indiana. this spring. est Court. Over that time, the Supreme Mr. DONNELLY. Mr. President, I Are we going to allow politics to to- Court could be deciding extremely im- thank the assistant minority leader for tally overtake the work of this body? portant cases, and in many ways they those inspiring words, and I recognize Are we resigned to a complete and are not going to function as the Con- the Senator from Virginia. utter failure to govern until next Janu- stitution laid out. The PRESIDING OFFICER. The Sen- ary? Many of my friends on the other side ator from Virginia. I know the Presiding Officer and I of the aisle often quote President Mr. WARNER. Mr. President, I ask both share a common background; that Reagan. President Reagan himself said: unanimous consent to speak for up to 6 is, a background in business. It is re- ‘‘Every day that passes with a Supreme minutes as in morning business. markable to me. No business in Amer- Court below full strength impairs the The PRESIDING OFFICER. Without ica—no business in the world—would people’s business in that crucially im- objection, it is so ordered. operate under the presumption that be- portant body.’’ Mr. WARNER. Mr. President, let me cause it is a Presidential year, that As a matter of fact, if we don’t do our also join my colleague in agreeing with somehow we can default on all of our job, in effect, what we will be doing is the Senator from Illinois on his com- duties and simply kick over every issue potentially shutting down another ments, and I, too, will join him on vot- until next year. If we operated a busi- branch of government. Regardless of ing in favor of the Shaheen amend- ness that way, we would be out of busi- where we fall on the political spec- ment. It is important we not only take ness. trum, if there is one message we have

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.029 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1197 heard loud and clear over the last cou- ery Act. This bill provides States and which brings experts together to re- ple of years, the American people do local communities with the tools to view, modify, and update, where nec- not abide shutting down various prevent and treat drug addiction and to essary, best practices for pain manage- branches of government. The American support individuals in recovery. CARA ment and prescribing pain medication. people deserve better than this. strengthens prevention efforts, in- Second, I want to talk about our first I would again urge my colleagues on creases access to treatment and recov- responders and our law enforcement both sides of the aisle to step up and do ery services, develops best prescribing who are on the front line of this crisis. their job. Let’s give the President’s Su- practices, and expands access to Frequently they are called to scenes preme Court nominee the appropriate naloxone, also known as Narcan, which where an individual has overdosed, and respect, hear them out, have those can reverse the effects of an opioid they are working to find ways to ad- hearings, and give the Senate a chance overdose. In addition, CARA expands dress these drug epidemics. In North- to exercise its will in a straight up-or- disposal sites for unwanted and unused west Indiana, the Porter County sher- down vote. prescription drugs to keep them out of iff’s department is reaching out to edu- Mr. President, I yield the floor. the hands of children and teens, and cate families about the heroin crisis The PRESIDING OFFICER. The Sen- CARA strengthens prescription drug there with a video that includes first- ator from Indiana. monitoring programs. This bill pro- person accounts about how the epi- Mr. DONNELLY. Mr. President, I rise vides States and local communities demic has impacted the local commu- for all Hoosiers who have been touched with the tools to prevent and treat nity. In the northeast part of our by addiction or suffered the loss of a drug addiction and to support individ- State, over by the Ohio border, the loved one as a result of opioid abuse, uals in recovery. Fort Wayne Fire Department began heroin use or other drug epidemics. I CARA strengthens prevention efforts, using Narcan just last August to try to am here for every Hoosier community increases access to treatment, develops help save people who had overdosed. In that has been gripped by addiction. I am here from Austin, IN, a small best prescribing practices, and expands the first 4 days, they had to use it town of 4,200, much like many small access to naloxone, as I said. Naloxone three different times—and many times towns in the Presiding Officer’s home can reverse the effects of an opioid since then. In Central Indiana last State of North Carolina, where more overdose. These are incredible steps year, Indianapolis EMS had adminis- than 185 people tested positive for HIV, that can make a huge change in what tered naloxone an astounding 1,227 largely caused by injection drug users happens in the future of our country. times. We need to make the overdose who shared needles. I am here for Con- While this bipartisan bill includes reversal drug naloxone more readily nersville, which was devastated by a many important provisions that help available to first responders and law heroin epidemic that saw 41 overdoses families in my home State of Indiana enforcement. and 8 deaths in a 3-month span. I am and across our entire country, it will CARA includes a provision similar to here for my hometown of Granger, take all of us working together to pre- one from my bill with Senator AYOTTE which was shaken last year when two vent and treat addiction. Prescribers that provides grants to train law en- teenage brothers, Nick and Jack Sav- and pharmacists, law enforcement and forcement and other first responders in age, died in just one night from a pre- first responders, parents and families, the administration of naloxone to save scription drug-related overdose. I am and officials at the Federal, State, and lives. I have also offered an amendment here for Fort Wayne, Lafayette, and local levels all have a role to play. that encourages first responder units Terre Haute, and Indianapolis, and I want to talk today about how receiving funding through this program every community across our State. No CARA can best help in these efforts. to use outreach coordinators to ensure part of Indiana or our country is im- First, I want to talk about prescribers. that every individual who receives mune from the pain of addiction and Our prescribers play a vital role in ad- naloxone also receives in-person fol- these drug epidemics. dressing addiction because they are our lowup. Indianapolis EMS recently By now many of us have heard the partners in the fight to reduce the risk began a similar outreach program de- staggering statistics. One person in of prescription drug abuse. They have signed to connect overdose victims who America dies every 25 minutes from an the knowledge and authority to help receive naloxone with the help they opioid overdose, and overdose deaths in our patients, friends, neighbors, and need. the United States now outnumber fatal family members understand both the CARA assists law enforcement by ex- auto accidents. benefits of prescription opioids and the panding resources to identify and treat Ultimately, this is about people. Peo- potentially devastating dangers associ- individuals facing addiction in crimi- ple like Mike Zoss of Tippecanoe Coun- ated with opioid abuse. nal justice centers. I hear frequently ty. Mike was the youngest of three Last year, we hosted a roundtable from my friends—the police officers, boys. Mike was creative, enjoyed read- discussion in Indianapolis on pre- sheriffs, judges, and court personnel ing, and had a ton of friends. In high scribing practices with my colleague, throughout the Hoosier State—that school he began experimenting with Congresswoman SUSAN BROOKS. By more resources are sorely needed. prescription drugs. During his senior bringing together State officials, doc- Third, I want to talk about families. year, Mike’s mom Donna got a call no tors, and pharmacists, all of whom play There are countless personal stories parent wants to receive. Mike had key roles in curbing overprescribing, across our State and almost every overdosed at a friend’s house from a we can better engage health profes- State about moms and dads, brothers combination of LYRICA and metha- sionals in the fight against the opioid and sisters, wives and husbands, and done. He landed in intensive care and epidemic. We want to make sure doc- grandparents who have been impacted was in a coma for nearly 3 weeks. Mi- tors have the training, the tools, and by addiction. I want to share a couple raculously, Mike survived, but after the resources to prevent overpre- of these stories. struggling for nearly 3 more years with scribing and also to help them make Our young friend Aaron—Justin Phil- his addiction, Mike died from another the best possible decisions about how lips remembers her son Aaron, a tal- overdose. to treat their patients. ented athlete who had dreams of play- This scourge is about families and Right now there is not one set of cur- ing football in college and the NFL. He the heartbreak they endure and all the rently nationally accepted best prac- was a starting quarterback on Law- people whose lives are shattered by ad- tices that can help prescribers make rence North’s varsity team. He was diction or even cut short. That is why the best informed decisions about pre- smart and charming, with a generous I have been working on this issue for scribing opioid drugs. Existing guide- heart. over 2 years, listening to Hoosiers, in- lines vary in the recommendations It started for Aaron with a prescrip- troducing bipartisan legislation, that are made. tion pain medicine and then led to her- partnering with Federal, State, and CARA would help. It includes a provi- oin. At the age of 20 years old, in Octo- local officials, and bringing stake- sion adopted from my bipartisan legis- ber 2013, Aaron died of a heroin over- holders together. lation that I reintroduced last year dose. His mom said, ‘‘We can’t pretend These families are why I support the with my friend and colleague, Senator it is not our kid because it very well Comprehensive Addiction and Recov- KELLY AYOTTE from New Hampshire, may be our kid who is next.’’

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.031 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1198 CONGRESSIONAL RECORD — SENATE March 2, 2016 There are people like Michelle communities in our States. I share the One of the problems has been identi- Standeford of Lebanon, IN, who lost view of the Senator from Indiana that fied by the Government Accountability her son and her nephew to addiction. this legislation is very important. It Office. They estimate that in 1 year Her nephew Greg died 3 years ago from takes a number of steps that are very alone, 170,000 Medicare enrollees en- a heroin overdose at the age of 21. Her constructive. I congratulate Senator gaged in doctor shopping. That is the son Troy, 33, died following a long bat- WHITEHOUSE and Senator PORTMAN for process by which beneficiaries go to tle with addiction. His struggle began a very good piece of legislation that is multiple doctors to get multiple pre- when he was prescribed opioids for the going to help save lives. It is going to scriptions for the same or similar pow- pain he was struggling with after a jet help save families and communities. erful narcotics. They go to multiple ski accident. This past Christmas, I have an amendment that I am going pharmacies to get them all filled, and Michelle visited Troy, who was in to address that is going to take an- they end up with these commercial South Florida seeking treatment. She other step to help save lives, and I hope quantities of prescription drugs—vast- said he was in great spirits and eager my colleagues will overwhelmingly ly beyond anything that any individual to reunite with his family. A few weeks support this because it is an epidemic could need. after Troy came back home to Indiana, the likes of which I don’t know we have The GAO discovered that one bene- he passed away. Think of this. He left seen in a very long time. ficiary had visited 89 different doctors behind parents, a wife, and two sons, 2 Last October, I convened a field hear- in one year just to get prescription and 4 years old. These stories are way ing of the Senate Finance Sub- painkillers—89 doctors in one year. too common. committee on health care to learn That is almost 2 a week. Another bene- As Donna Zoss of Lafayette said, more about this very epidemic of ficiary received prescriptions for 1,289 ‘‘There are way too many kids dying, opioid addiction and heroin addiction hydrocodone pills. That is almost like and as a community we need to do and the overdoses that are resulting. a 2-year supply. It makes no sense. I something.’’ She wants to make sure We did it in Pittsburgh, and Senator could go on and on with cases in which other families learn from her experi- CASEY joined me. We reserved a very fraud is being committed for the pur- ence before it is too late. large auditorium, and we invited some pose of obtaining these prescriptions, CARA would help families by raising of the leading local experts, doctors which are then sold in the black mar- awareness about opioid abuse and her- who were dealing with people who were ket. oin abuse and expanding access to suffering from addiction, law enforce- There is also a subset of Medicare treatment. It includes a provision from ment folks, recovering addicts. We had beneficiaries who are innocently get- our bipartisan bill with Senator a standing-room-only crowd in that ting duplicate opioid prescriptions be- AYOTTE that establishes a national room. Such was the intensity of the cause they are being treated by dif- drug awareness program. By helping concern of this issue and the breadth of ferent doctors for different maladies. families learn about the serious effects it because we all know people who are They have multiple illnesses. They get of opioid abuse and its connection to affected by this terrible scourge. multiple prescriptions because in many heroin, it can make a difference. A couple of things I learned in the cases there is nobody providing ade- CARA also would strengthen addi- hearing that are important is that we quate oversight and coordination for tional prevention efforts and increase have to figure out how we can reduce their care. So we have both, people who access to treatment and recovery serv- some of the overprescribing of these are intentionally and fraudulently get- ices with the goal of helping more peo- narcotics—these prescription opioids— ting multiple prescriptions and then we ple overcome addiction, including spe- upon which people then become ad- have people who are innocently getting cific initiatives for women, youth, and dicted. We also have to find ways to ad- it. So there is a way we can deal with vets. dress the diversion from prescriptions this inappropriate prescription and di- We are not doing enough, and the that are obtained through the conven- version into the black market, and the burden of addressing the opioid and tional process, the black market, the administration has asked us to do this. heroin use epidemic has fallen heavily streets, and the places where it feeds This administration—the Obama ad- on our criminal justice system, which the addiction. ministration—has asked Congress to is clearly not equipped to treat all I think one of the overlooked ele- give them, in Medicare, the power to those struggling with addiction. That ments of this problem has been the limit certain beneficiaries who are en- is why CARA is so important and why opioid epidemic that is affecting older gaged in doctor shopping, exactly as we need to pass this critical legislation folks, aging baby boomers, and senior people already can do so within Med- quickly. citizens who have become addicted to icaid and with private health care pro- We have an opportunity to work to- opioids for a variety of reasons. viders. So the simple idea is to give gether—all of us—to pass a good bipar- The headlines have screamed about Medicare the power when it identifies a tisan bill that helps confront opioid this. USA Today’s headline said: beneficiary who is engaged in doctor abuse, heroin abuse, and other drug ‘‘Many seniors Hooked On Prescription shopping—getting multiple, duplica- epidemics. On the Federal level, it is Drugs.’’ The Wall Street Journal had a tive prescriptions, either intentionally our job to support and strengthen part- headline recently: ‘‘Aging Baby or unintentionally—to allow Medicare nerships on the State and local levels Boomers Bring Drug Habits Into Mid- to lock that patient into one prescriber to make sure every town in every State dle Age.’’ This came from a TV news and one pharmacy. That way you don’t is accounted for and can heal. CARA channel: ‘‘Senior citizens getting have this problem. That is what the ad- will do just that. It would be a signifi- hooked on painkillers.’’ ministration has asked us to do. cant step forward, although I think we This is growing problem, and it So I have introduced a bill that does can all agree that it is just a first step. doesn’t know any demographic limits. exactly that. It is called the Stopping Mr. President, I yield back. It affects senior citizens as well as Medication Abuse and Protecting Sen- The PRESIDING OFFICER. The Sen- young people. In fact, to give a sense of iors Act. Senator BROWN of Ohio is the ator from Pennsylvania. one of the, perhaps, contributing ele- lead Democrat on this bill. I thank AMENDMENT NO. 3367 ments to this, in 2013 there were 55 mil- Senators PORTMAN and MCCAIN also for Mr. TOOMEY. Mr. President, I rise lion opioid prescriptions written in their work. This is the amendment we on the same topic that the Senator America for Americans over the age of are offering to this bill to give Medi- from Indiana was addressing very elo- 65. It is a stunning number. It is a 20- care the very same tool that Medicaid quently through the absolutely heart- percent increase in just 5 years. We has, the tool that the administration is wrenching stories he told of his con- have not had a comparable increase in asking for, and the tool that all experts stituents and their families. These are the number of senior citizens. It is a say makes sense. stories we hear all across America. I huge increase in the number of pre- As I said, Medicaid and commercial hear them all across Pennsylvania day scriptions per person. This is probably users already do this, and we are not in and day out. related to the fact that the number of inventing something new. What we are Drug addiction is an enormous prob- opioid-addicted seniors has itself tri- doing is simply applying a proven tech- lem. It is devastating families and pled in the last decade. nique that limits overprescribing and

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.032 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1199 diversion, applying that to Medicare, done across Pennsylvania from opioid cers from New Hampshire who were where it does not exist today. No one abuse. He is a cosponsor of the legisla- taken from us far too soon. One is New who legitimately needs a prescription tion. Hampshire State Police Lieutenant for opioids will be denied that. That We had a very successful hearing in Jimmy Geraghty, a U.S. Army veteran would be completely unreasonable and the Finance Committee. I thank Sen- and outstanding public servant. An- inappropriate. ator HATCH for having this very topic other is Prince William County Officer In fact, we exempt seniors in nursing of how we can limit the diversion Ashley Guindon of Merrimack, NH. homes, where the nursing home can through Medicare of these very dan- Ashley was a Merrimack, NH, native provide the monitoring, and seniors gerous narcotics, and I thought that and a Marine Corps veteran who was who are in hospice, and cancer patients was a very constructive hearing. killed in the line of duty in Virginia 1 who might need unusually large quan- I also thank Senator KAINE, who, day after being sworn in as a police of- tities are exempted. In fact, this legis- through his work on the Senate Aging ficer to serve in the Prince William lation would actually lock in a small Committee, has been very active and County Police Department. fraction of 1 percent of Medicare en- extremely helpful on this issue. These individuals represent the very rollees, but that is the fraction that is Again, this is an amendment that has best of law enforcement. It is with such engaging in this very dangerous behav- broad, bipartisan support. It has been a heavy heart that I pause to remem- ior. vetted by the stakeholders. It has been ber Ashley Guindon, an incredible First, I am grateful for the very vetted by and requested by the admin- young woman whose life was tragically broad bipartisan support that we have. istration. It is endorsed by numerous cut short. Ashley was killed in the line As a result, if we get this passed health care and law enforcement of duty last week, tragically, on her today—which I certainly hope we will— groups. The reason it has such broad first day as a police officer with the we will help opioid-addicted seniors support is because it will save lives, it Prince William County Police Depart- find treatment because they will be no- will protect seniors from opioid over- ment in Virginia. tified when they come up on this list— prescriptions, it will stop fraud, and it Ashley could not have known her when it is discovered that they are will dramatically reduce pill diversion. fate when she responded to an emer- going to multiple doctors and multiple So to vote no on this would be to allow gency call, but she responded to the pharmacies. It will stop the diversion the continued flooding of very dan- call with the same sense of duty and of these powerful narcotics. gerous prescription opioids onto the resolve that all of our faithful law en- It will save taxpayer money because black market, and I can’t think of any forcement officers do every single day taxpayers reimburse for all of these reason we would want to do that. because they don’t know at that next prescriptions, even those that are I urge my colleagues to support the stop, at that next house that they re- fraudulent. Maybe, most importantly, bipartisan Toomey-Brown-Portman- spond to help someone in need, what it will reduce the availability of these Kaine amendment. Let’s get this they are going to be confronted with. Ashley’s death is a terrible, unthink- opioids. We have 25 Republican and adopted and then let’s pass this under- able tragedy and serves as a somber re- Democratic cosponsors on the bill. We lying bill, which is very, very construc- minder of the tremendous sacrifices have the support of the National Gov- tive as well. that our law enforcement officers make ernors Association. Nearly identical I yield the floor. every single day by putting their lives language was already passed in the The PRESIDING OFFICER. The Sen- on the line to keep us safe. House. It was embedded in the 21st ator from Rhode Island. My heart breaks for Officer Mr. WHITEHOUSE. Mr. President, as Century Cures Act, where it passed Guindon’s mother Sharon, for her fam- one of the authors of the bill before us overwhelmingly. ily, for her friends, and for the public on the floor now, I wish to say that I The President’s budget has asked for safety community, as they mourn the this very mechanism repeatedly. The appreciate and welcome the Senator’s loss of this tremendous young woman CMS Acting Administrator was before amendment, and I appreciate the bipar- whose life ended far, far too soon. I will our committee, and Administrator tisan way in which it was achieved, keep them in my thoughts and prayers Slavitt said this legislation ‘‘makes with SHERROD BROWN and TIM KAINE, as as I know everyone in this Chamber every bit of sense in the world.’’ The well as with the other cosponsors of will. CDC Director is for it. The White the bill. But Officer Guindon should not be re- House drug czar is for it. The Pew With that, I yield the floor back so membered because of the cir- Charitable Trusts testified on behalf of that we may hear from another co- cumstances of her death. Rather, she our legislation, and the Physicians for author of this legislation who was with should be remembered for her tremen- Responsible Opioid Prescribing support us through the long and arduous proc- dous life of service to her Nation, to it—not to mention many law enforce- ess of preparing this bill, running the the people whose community she ment groups and senior groups, such as seminars, putting together the advi- worked to keep safe, and for the sac- the Medicare Rights Center. sory committee, and crafting the legis- rifices that she has made and her fam- This is a tool that is overdue. We lation. ily has made on behalf of all of us. have this tool in private health care in- I yield for the Senator from New Officer Guindon demonstrated an in- surance coverage. We have this tool in Hampshire. credible commitment to her country in Medicaid. We just need to have this The PRESIDING OFFICER. The Sen- so many ways. Following her gradua- tool in Medicare. ator from New Hampshire. tion from Merrimack High School in I wish to single out for a special Ms. AYOTTE. Mr. President, I very 2005, she joined the Marine Corps. In thanks my coauthor SHERROD BROWN. much thank the Senator from Rhode doing so, she was honoring the life of Senator BROWN and his staff worked Island for the work that we were able her father and the service of her father, very hard and did a tremendous job. to do together on this important legis- who deployed to Iraq as a member of They provided, in fact, very valuable lation, for his leadership, and, really, the New Hampshire Air National feedback to make sure that all the his passion for this issue that is dev- Guard. So she comes from a family of stakeholders were going to be treated astating my State—the heroin and service. Her father lost his life after re- fairly and specifically, that beneficiary opioid epidemic that is facing all of us. turning home from serving in Iraq, and rights would be properly respected. I thank him for a very thoughtful ap- Officer Guindon felt that she could That is a very important and very con- proach and bringing people together honor his memory by joining the structive contribution that Senator around this. I am so pleased we are de- armed services herself. So she joined BROWN made to this legislation. He bating this on the Senate floor today. and became a marine. also helped to secure many endorse- HONORING OFFICER ASHLEY GUINDON AND In her high school yearbook she ments from outside groups. LIEUTENANT JAMES ‘‘JIMMY’’ GERAGHTY wrote: My fellow Pennsylvanian, Senator Mr. President, I come to the Senate As I take flight it only makes me closer to CASEY, was very helpful and is pas- floor today with great sadness to dis- u daddy. Mom, thanks for everything it’ll be sionate about this issue. He has seen cuss and to honor the lives of two of a long road but we can manage and it will firsthand the damage that is being our outstanding law enforcement offi- only make u stronger.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.034 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1200 CONGRESSIONAL RECORD — SENATE March 2, 2016 Underneath her picture in her high was able to pursue the successful con- have spoken—the chief of the criminal school yearbook, the caption read: viction of all the defendants involved. bureau unit and with other prosecu- ‘‘live for something rather than die for For their work on the 2009 Mount tors—and they speak of Jim Geraghty’s nothing.’’ Vernon case, Lieutenant Geraghty and service with such glowing reviews, with Think about that: ‘‘live for some- the major crimes unit were presented such incredible compassion, and they thing rather than die for nothing.’’ with the New Hampshire Congressional speak of the incredible hard work he Well, absolutely, Officer Guindon did Law Enforcement Award for unit cita- put in. He represented the very best of live for something. She lived for our tions. our law enforcement officers. country in her service as a marine. She I had the privilege of being there I wanted to talk about his career lived for members of her community, when Lieutenant Geraghty received today because it was important for me giving of herself and making the ulti- that award, when he was there with his to mention his professional accolades, mate sacrifice to keep others in her family. Really, the incredible work and there are many, because he was community safe. She lived with such that he did on that case made such a such a humble man and he never liked honor and distinction, and she an- difference in bringing to justice defend- to talk about all of his accomplish- swered the call to duty. ants who committed horrific, horrific ments. He liked to focus on something Officer Guindon was taken from us crimes and in keeping New Hampshire I want to make sure we remember far too soon. But by working to ensure safe. about Jim Geraghty: He lived by the that we honor her service, her heroism, Lieutenant Geraghty will also be re- motto ‘‘family first,’’ which was in- her commitment, and the sacrifice she membered for his entire outstanding credibly apparent to anyone who knew and all law enforcement officers make career of service to both New Hamp- him. He was married to his wife Valerie on our behalf every single day, we can shire and the Nation. for 30 years. Together they had four ensure that her inspiring legacy of Lieutenant Geraghty also served wonderful children. They are an amaz- dedication to others, of service to her very honorably in the U.S. Army for 5 ing family, son Jimmy and daughters country and to her community will years, holding posts at Fort Benning in Colleen, Katie, and Erin. never be forgotten. We will never for- Georgia, Fort Polk in Louisiana, and I want to offer my thoughts and get her service or her sacrifice. We will at Fort Richardson in . prayers to Valerie, to Jimmy, to Col- continue to honor her and her family He also served overseas by partici- leen, and to Katie and Erin. You are an for what they have done in service to pating in the REFORGER exercise in incredible family, and your husband our Nation every single day. Germany. He achieved the rank of ser- and father will never be forgotten. I also wish to take a moment to geant, E–5, during his career with the What an incredible person he was. He honor another law enforcement officer, U.S. Army and received an honorable impacted the lives of so many people someone with whom I had the privilege discharge. But his service did not end with the service he gave to his State. of working personally when I served as there. After serving in the armed serv- It has been said that although attorney general of our State, someone ices, he then returned home and em- Geraghty had an exceptional law en- whom I probably called a friend, and barked on his career in law enforce- forcement career, he considered his who has also been taken from us far ment, first serving as a police officer in family his greatest adventure. In a 2015 letter, his fellow local law enforcement too soon. the Hudson Police Department, after I honor Lieutenant James ‘‘Jimmy’’ which he was accepted as a trooper in officers described him as a ‘‘gallant Geraghty, who passed away recently the New Hampshire State police. public servant who has spent most of following a courageous battle with can- During his time with the New Hamp- his life serving others.’’ Others said of him that ‘‘he [was] truly a consum- cer. I join his family, his friends, and shire State police, Lieutenant mate team player who demonstrated the law enforcement community in Geraghty spent 81⁄2 years with the Nar- the true meaning of a quiet profes- New Hampshire who mourn his death. I cotics and Investigations Unit, and he sional.’’ Another individual said that am speaking about someone who did a phenomenal job there inves- ‘‘he [was] humble, dedicated, and resil- touched so many people in our State, tigating a variety of cases, from street- ient with any duties and/or responsibil- who really lived a life of service, a life level buys to multistate trafficking or- ities [he was] faced with.’’ And, lastly, of heroism, a life of integrity. I honor ganizations. ‘‘His remarkable and unblemished ca- his service, his integrity, and his dedi- While serving in the Narcotics and reer within law enforcement is a true cation to excellence. Investigations Unit, Lieutenant testament and shining example of what He was a member of the New Hamp- Geraghty was assigned to the HIDTA— we all wish to aspire to.’’ This is how shire State Police for 24 years and rose high-intensity drug trafficking area— the officers who served with him, the to the rank of commander of the New for 21⁄2 years, so he understood and troopers who served with him, de- Hampshire State Police Major Crimes worked hard on the issues we are try- scribed Lieutenant Jim Geraghty. He ing to address on the Senate floor Unit. The New Hampshire State Police will be deeply missed. Major Crimes Unit is the unit that today regarding heroin and opioid ad- I am honored to recognize Lieutenant handles the most difficult cases in our diction and so many other illegal sub- Jim Geraghty and to honor his tremen- State—murder cases, very difficult stances as he fought to keep them off dous contributions as the commander cases. It is a unit where you are called our streets. Lieutenant Geraghty’s nat- of the State Major Crime Unit and to upon at every hour of the day in the ural talent for leadership and keen say what an amazing family man and most difficult of circumstances. ability to work with others were crit- great human being. He was someone Lieutenant Geraghty handled some ical in the role he played in HIDTA. who lived his life with great integrity. of the most troubling cases and the During his time with HIDTA, he re- He was truly someone we would all most horrific cases you can imagine as ceived several awards and recognitions want to emulate in living our lives. a law enforcement officer. He handled for his dedication and commitment to Again, I offer my prayers to his fam- them with such incredible dedication, excellence. ily. They are an incredible family as compassion, and commitment, and he He was promoted to the rank of ser- well, and I hope they know we will con- did his job so well. geant in May of 2006, and from there he tinue to stand with them in their most In the most high-profile case of his was assigned to the Major Crime Unit difficult days ahead. career, Lieutenant Geraghty led the in- as a detective sergeant in February of So today I wish to say about both Of- vestigation into the brutal 2009 Mount 2008. In 2010 he was promoted to the ficer Ashley Guindon and Lieutenant Vernon homicide—a horrific, horrific rank of lieutenant within his unit, as- Jim Geraghty that they were incred- case. It was a complex and extremely suming the commanding officer’s posi- ible law enforcement officers who gave time-consuming investigation that fo- tion—a post in which he served until he so much to New Hampshire, to our cused on multiple juvenile defendants. became ill last year. And he served country, and that they really rep- Because of the thoroughness, profes- with such distinction. resented the very best in what it means sionalism, and dedication brought to I have many friends at the attorney to be an American. the case by Lieutenant Geraghty and general’s office who worked with the Mr. President, with that, I yield the the major crimes unit, the prosecution Major Crime Unit and with whom I floor.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.035 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1201 The PRESIDING OFFICER (Mr. perhaps to new cures and therapies for very innocently and can’t find a way SCOTT). The Senator from Florida. afflictions folks suffer here on the face back.’’ RETURN FROM SPACE OF COMMANDER SCOTT of the Earth. Placing prescription drugs in the KELLY The space station where Commander medicine cabinet for safekeeping is no Mr. NELSON. Mr. President, I rise to Kelley stayed for almost a year is a longer the best option because 70 per- welcome a national hero back to planet powerful tool for science and for dis- cent of Americans misusing painkillers Earth—CDR Scott Kelley. After spend- covery and for exploration. That is why are getting them from friends and fam- ing 340 days in space on his most recent at the end of last year we extended the ily. visit to the International Space Sta- authorization of the space station all Arkansas has implemented measures tion, Commander Kelley has smashed the way until at least through the year to combat this problem by decreasing the previous U.S. record in space flight 2024. It is also why I am so excited the availability of prescription drugs and for most of the total time spent in about the crewed flights from U.S. soil and properly disposing expired and space as well. But Commander Kelley’s to the space station resuming next unneeded medication through the Ar- accomplishment, while notable in its year. Next year, Americans on Amer- kansas Take Back Program. This is an own right, is serving a greater purpose. ican rockets will go to and from low- important step that has resulted in the NASA is preparing to undertake one of Earth orbit. Once we have the Dragon removal of more than 72 tons of the greatest technological challenges on the SpaceX or the Starliner on the unneeded medication from homes in in human history—a voyage to the Atlas V, those crewed capsules are the State. planet Mars. Depending on the align- going to make regular trips to and Congress has taken action to fight ment of the planets, Mars is anywhere from the space station. But we should this epidemic. As a member of the Sen- from 35 million miles to an astounding also then be able to expand the space ate Veterans’ Affairs Committee, I 250 million miles from Earth. It is all station crew, because of that regular have pushed the Department of Vet- according to the alignment of the plan- visitation, from six to seven doing erans Affairs to reform its culture of ets. their research projects on board the prescription. Nationwide, pharmacies If you want to put that into perspec- station. That means a lot more discov- have a system in place to prevent over- tive, Mr. President, the distance from eries. filling prescriptions. It is time for VA you and me reflecting the 238,000 miles Some people may not appreciate how to adopt a similar system. from Earth to the Moon, which is as far difficult it is to spend a year in space, I pressured the DEA—the Drug En- as we have gone and is a long way— but I can tell you it is not only an forcement Administration—to reform that is the farthest we have ever been— amazing experience, but it is tough on its policy to allow clinics and phar- if that distance from the Earth to the your body. The body experiences mus- macies to serve as dropoff sites for the Moon were represented by the distance cle atrophy in zero-g and also bone collection of unused or unwanted pre- from you to me, then the distance to loss. This is why astronauts have to be scription drugs. Mars from right where this Senator is in peak physical condition and also try Last year, we passed legislation to standing would be way out to the edge to continue that as they are out in improve the prevention and treatment of the District of Columbia and Mary- space for long durations. And spending of opioid abuse by pregnant women and land. a year away from loved ones, of course, care for newborns affected by this Commander Kelley’s mission is a is no easy task. This demonstrates the abuse. That bill was signed into law. milestone on this journey to Mars. The strength and the courage Scott Kelley Congress approved more than $400 International Space Station—our foot- has shown. million in funding to address the opioid ball-sized laboratory orbiting in space, So I want the Senate to recognize epidemic this fiscal year. That is an in- as large as a football field from one CDR Scott Kelley for this accomplish- crease of more than $100 million from goalpost to the other—is our test bed ment. It is going to take him some the previous year. Calls for additional for exploration. Indeed, Commander days to readapt to the Earth’s gravita- funds for this legislation are pre- Kelley spent those 340 days at the tional pull. I commend him for the con- mature. We need to see the progress International Space Station. tributions to space exploration and and results made with the current find- Now, as we venture out, traveling thank him for the sacrifices he has ing. those vast distances between Earth and made and the sacrifices his family has We must continue our commitment Mars, it is going to mean that humans made over the last year. to the fighting of this epidemic and are going to spend more time in space Welcome home, Commander, and providing our communities with the than ever before, so Commander thank you for offering to be a part of tools they need to improve response to Kelley’s yearlong stay aboard the sta- this great adventure we call space ex- addiction and promote treatment and tion is an important validation of our ploration. recovery. That is why we need to pass ability to live and work in space for Mr. President, I yield the floor. the Comprehensive Addiction and Re- the long periods of time someone would The PRESIDING OFFICER. The Sen- covery Act. be in zero-g. ator from Arkansas. This bill can help give communities But there is another very interesting Mr. BOOZMAN. Mr. President, pre- the ability to combat the growing aspect to his mission. Scott Kelley has scription drug abuse is the fastest opioid epidemic in Arkansas and across an identical twin, his brother Mark. growing problem in the country. It is a the country by expanding prevention Retired Navy CAPT Mark Kelley, also problem the Centers for Disease Con- efforts, supporting law enforcement, an astronaut, remained on Earth while trol and Prevention classifies as an epi- combating overdoses, and expanding his brother was in space, and now he is demic. access to treatment. a baseline to compare the changes in The availability of prescription pain- I have heard from many Arkansans the body and the psychological effects killers is a leading factor in the in- who support this bill. It has the sup- to his brother Scott. This comparison crease of opioid abuse. Since 1999, port of a wide range of organizations is going to provide important insights opioid abuse overdose deaths have that represent law enforcement offi- into the effects of space flight on the quadrupled nationwide. cials, drug treatment providers, and human body and perhaps even effects Unfortunately, my home State of Ar- health care professionals. This speaks on the Human Genome itself. The more kansas is not immune to the problem. to the comprehensive approach we are we learn about how the human body CDC data shows that it is one of 12 taking to fight this epidemic. changes in space, the better off we are States with more painkiller prescrip- It also authorizes the Attorney Gen- because we can prepare for the longer tions than people—I repeat, one of 12 eral to award grants to veterans treat- and longer voyages in space. But we States with more painkiller prescrip- ment courts. These courts are critical also gain insights into the fundamental tions than people. in helping our veterans break the cycle working of the human body that we Benton, AR, police chief Kirk Lane of addiction and turning their lives may never have learned confined to has seen the impact in his community. around. Earth’s gravity. And who knows where During a recent visit to my office, he Prescription drug abuse is a wide- these discoveries are going to lead— said: ‘‘A lot of people become addicted spread problem that impacts all ages

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.037 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1202 CONGRESSIONAL RECORD — SENATE March 2, 2016 and populations of Americans. I am bilize additional efforts to stop opioid CARA is important legislation. I in- committed to providing Arkansas com- traffickers and drug dealers. tend to vote for it. I hope this body will munities the resources they need to This emergency supplemental pass it. But I urge my colleagues to fight this epidemic. amendment would allocate $230 million also support the amendment that Mr. President, I yield the floor. to the Byrne JAG Program to directly makes sure we have the urgent emer- The PRESIDING OFFICER. The Sen- combat the opioid crisis. These are ef- gency funding to ramp up this fight in ator from New Hampshire. forts that will keep drugs off the the months immediately ahead. Pass- AMENDMENT NO. 3345 streets. ing CARA without any funding is like Mrs. SHAHEEN. Mr. President, I ap- In total, the Shaheen-Whitehouse offering a life preserver to people who preciate the comments from my col- amendment appropriates $600 million are drowning and not putting air in league from Arkansas about the chal- in emergency funding that will be im- that life preserver. This is a nationwide lenges of the heroin and opioid epi- mediately available to States and crisis. It is way past time we mobilized demic. I think it is really a pandemic those working on the frontlines to ad- a nationwide response that is equal to that we are facing in too many States dress this crisis. I think that is why the challenge. across this country. Certainly it is a the National Governors Association, Mr. President, I yield the floor. huge issue in New Hampshire, my home the Fraternal Order of Police, the The PRESIDING OFFICER. The Sen- State, where we have the highest per- American Public Health Association, ator from Georgia. centage of deaths from overdoses of the American Society of Addiction Mr. PERDUE. Mr. President, I know any State in the country. Medicine, the American Academy of we have a vote coming. I ask unani- In a few minutes, we are going to be Pain Management, the American Col- mous consent to complete my remarks. voting on the Comprehensive Addiction lege of Physicians, the National Asso- The PRESIDING OFFICER. Without and Recovery Act, which is an excel- ciation of State Alcohol and Drug objection, it is so ordered. lent piece of legislation, sponsored by Abuse Directors, and so many other FILLING THE SUPREME COURT VACANCY my colleagues SHELDON WHITEHOUSE groups support this amendment. Again, Mr. PERDUE. Mr. President, I rise from Rhode Island and AMY KLOBUCHAR the critical point here is that this today to discuss why I believe the Sen- from Minnesota, as well as my col- amendment funds key provisions of the ate should not hold hearings or sched- league from New Hampshire, Senator CARA bill. ule a vote on any Supreme Court nomi- AYOTTE, and Senator PORTMAN. The Comprehensive Addiction and nee offered by President Obama until We are also going to be voting on a Recovery Act is a good bill. It is excel- the American people choose our next number of amendments, including an lent work that so many people have President this November. amendment that I have proposed, been involved in. The sponsors did The American people are reacting to which is emergency supplemental fund- great work in writing the legislation. I our global security and debt crises ing to make sure that the changes we support it. I am a cosponsor. But it is when they go to the polls, and this up- are making as a result of the CARA an authorization bill that does not pro- coming election will not only deter- legislation actually get the resources vide funding. So if we support making mine the direction of our country, but that need to be provided in order to the changes in law that are included in it also serves as a referendum on the make those changes work. the CARA bill, we should also support Presidency, Congress, and now the Su- In 2014, more than 47,000 Americans providing emergency funding to those preme Court balance. died from lethal drug overdoses. Each same programs. The last 7 years have shown that this day, 120 Americans die from drug To all my colleagues in this body, we President has sought to exceed the con- overdoses in New Hampshire. We are know that doing the same thing is not stitutional bounds of the Executive of- losing more than a person a day from working. Every year more and more fice by assuming powers that were del- drug overdoses—three times as many people are dying from drug use. Con- egated to this body. For instance, in people as we lost last year in auto- gress needs to rise to this challenge, January of 2013 the President at- mobile accidents. These are numbers just as it has in so many previous pub- tempted to recess-appoint nominees to we have been using a lot on the floor of lic health emergencies, because, make the National Labor Relations Board in the Senate in the last couple of days, no mistake about it, this is a public direct violation of the Senate’s will. Of but I think they are numbers that we health emergency, and we have a his- course, the Supreme Court later inter- need to continue repeating and repeat- tory of providing supplemental funding vened and struck down those appoint- ing because losing 47,000 Americans to address public health emergencies. ments. As well, my colleagues across from drug overdoses is not acceptable. In 2009, Congress appropriated $2 bil- the aisle have repeatedly shown a will- Everywhere I go in New Hampshire, I lion in emergency funding to fight ingness to aid this administration in am told one thing consistently by drug swine flu—a bill that passed the Senate making unprecedented power grabs, in- treatment professionals and by law en- 91 to 5. Many of us who voted for that cluding employing the nuclear option forcement, and that is, they need more are still in this body. Just last year, for judicial nominees. The American resources and they need them now. Congress approved $5.4 billion to com- people were outraged at these events, Health workers are being overwhelmed. bat the Ebola outbreak—an outbreak as was I. Nationwide, nearly 9 out of 10 people that killed just one person in the So while I acknowledge the Presi- with substance use disorders don’t re- United States. Compare that to the dent’s position on insisting that the ceive treatment. They are being turned 47,000 people we lost in 2014 to drug Senate consider a nominee, it is vital away. They are being denied treatment overdoses. Surely—surely Congress can that the people get their say on this because of a chronic lack of resources. come together now to fight this raging lifetime appointment. It is the role of The amendment Senator WHITEHOUSE epidemic that is right here at home. the Senate to rise above current polit- and I have proposed addresses this We can’t avert our eyes from the ical theater. It is about upholding prin- problem. It provides $300 million in 47,000 Americans who are killed by le- ciple and not about the individual. The emergency funding for the Substance thal overdoses each year. We can’t ac- Senate simply should not consider a Abuse Prevention and Treatment cept that 9 out of 10 Americans with nominee at this time and let the people Block Grant Program. This is funding substance use disorders don’t get treat- have their say. that will save lives in our States of ment. We can’t ignore the fact that law I should also point out that my posi- New Hampshire, Rhode Island, Arkan- enforcement officers in communities tion and the position of many of my sas, and in the Presiding Officer’s home across this country are overwhelmed colleagues is not a novel idea. For in- State of South Carolina. This is fund- by aggressive drug traffickers and a stance, it was then-Senator Obama who ing that will save lives in each of our rising tide of opioid-related crimes. filibustered Justice Alito’s nomination States. The $600 million emergency funding in in 2006. It was then-Senator BIDEN who Not only are health workers being the amendment I am proposing will in 1992 preemptively said that Presi- overwhelmed, but law enforcement of- help stem the tide. It will make a pow- dent George H.W. Bush should avoid a ficials are also being overwhelmed. We erful difference in communities all Supreme Court nomination until after need an infusion of new funding to mo- across America. that year’s election. As chairman of

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.038 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1203 the Senate’s Judiciary Committee, amendment No. 3362, which Judiciary also passed the Senate unanimously then-Senator BIDEN also made the Committee Chairman GRASSLEY and I, the past two Congresses. same point we are today when he came with Senators CANTWELL and AYOTTE, But the House still hasn’t taken it to the floor of the Senate and made have cosponsored. up. So I ask my colleagues to vote for this quote: ‘‘It is my view that if a Su- This bill has passed the Senate by this amendment so we can send it to preme Court justice resigns tomorrow unanimous consent three times. It en- the House again, this time along with or within the next several weeks, or re- sures that international drug traf- CARA. signs at the end of the summer, Presi- fickers can be prosecuted when there is We need to attack the problem of dent Bush should consider following reasonable cause to believe that their opioid addiction from every angle, and the practice of a majority of his prede- illegal drugs will be trafficked into our this amendment should be part of a cessors and not—and not—name a country. It also better enables the comprehensive approach. nominee until after the November elec- prosecution of manufacturers and dis- Mr. WHITEHOUSE. I yield back all tion is completed.’’ tributors of listed precursor chemicals time. The balance of the Supreme Court is who know or intend that these chemi- The PRESIDING OFFICER. Is there in serious jeopardy. We must ensure cals will be used to manufacture illicit objection? that balance remains as a check drugs destined for the United States. Without objection, all time is yielded against efforts by government to by- Finally, it makes a technical fix to back. pass the will of the people. the Counterfeit Drug Penalty enhance- The question is on agreeing to the As a member of the Senate Judiciary ment Act of 2012 at the request of the amendment. Committee, I stand with Chairman Justice Department. Mr. GRASSLEY. I ask for the yeas GRASSLEY and other members in saying I would like to thank Senators and nays. we will not consider a nominee to the GRASSLEY, AYOTTE, and CANTWELL for The PRESIDING OFFICER. Is there a Supreme Court before the next Presi- cosponsoring this amendment. I hope sufficient second? dent is sworn into office. We are al- my colleagues will pass it this time There appears to be a sufficient sec- ready in the midst of a political cam- with a vote, since it has been done by ond. unanimous consent three times in the The clerk will call the roll. paign season, so any nominee will be The senior assistant legislative clerk seen through the lens of partisan poli- past. I yield the floor. called the roll. tics. It is disingenuous for the minority Mr. PAUL (when his name was party to say otherwise. And this is to Mr. GRASSLEY. Mr. President, I wish to speak in strong support of called). Present. the point that then-Senator BIDEN was Mr. CORNYN. The following Senators amendment No. 3362, offered by Sen- speaking in 1992. are necessarily absent: the Senator As we said in our letter last week, we ator FEINSTEIN and me, the from Texas (Mr. CRUZ), the Senator intend to exercise the constitutional Transnational Drug Trafficking Act. from Florida (Mr. RUBIO), and the Sen- power granted to the Senate under ar- This is a bill that she and I have worked on for many years. ator from Alabama (Mr. SHELBY). ticle II, section 2. While the President Mr. DURBIN. I announce that the shall nominate judges to the Supreme One of the many reasons for the on- going heroin epidemic in this country Senator from Missouri (Mrs. MCCAS- Court, the power to grant or withhold KILL) and the Senator from Vermont consent of such nominees rests solely is the increase in heroin supply on the streets of the United States. (Mr. SANDERS) are necessarily absent. with this body. The PRESIDING OFFICER. Are there At a time when the stakes are so Mexican cartels are aggressively ex- panding into new territory here. And any other Senators in the Chamber de- high, the American people deserve the siring to vote? opportunity to engage in a full and ro- they are flooding our communities with cheap, pure heroin. Indeed, heroin The result was announced—yeas 94, bust debate over the type of jurist they nays 0, as follows: wish to decide some of the most crit- seizures at the border have more than doubled since 2010. The U.S. Govern- [Rollcall Vote No. 28 Leg.] ical issues of our time and for the next YEAS—94 generation. Not since 1932 has the Sen- ment estimates that Mexican heroin production jumped an incredible 62 per- Alexander Fischer Murphy ate confirmed a Supreme Court nomi- Ayotte Flake Murray nee in a Presidential election year to a cent from 2013 to 2014 alone. Baldwin Franken Nelson vacancy arising in that year—not since And the reality is that it isn’t just Barrasso Gardner Perdue 1932. heroin coming over the border. Be- Bennet Gillibrand Peters tween 2009 and 2014, U.S. Customs and Blumenthal Graham Portman It is necessary to go even further Blunt Grassley Border Protection reported a 300 per- Reed back, to 1888, to find an election year Booker Hatch Reid cent increase in methamphetamine sei- Boozman Heinrich nominee who was both nominated and Risch Boxer Heitkamp confirmed under divided government, zures on the southwest border as well. Roberts This bill is a natural complement to Brown Heller as we have now. Today, the American Burr Hirono Rounds people are presented with an exceed- CARA. We can’t arrest our way out of Cantwell Hoeven Sasse Schatz ingly rare opportunity to decide the di- this heroin epidemic. We can try to re- Capito Inhofe duce the heroin supply on our streets Cardin Isakson Schumer rection the Court will take over the Carper Johnson Scott next generation. The people should by making it easier to target these car- Casey Kaine Sessions have this opportunity. tels for prosecution. Cassidy King Shaheen Mr. President, I yield the floor. This is in part why Senator FEIN- Coats Kirk Stabenow STEIN Cochran Klobuchar Sullivan AMENDMENT NO. 3362 and I introduced this legislation. Our bill would make it easier for the Collins Lankford Tester The PRESIDING OFFICER. Under Coons Leahy Thune the previous order, there will be 2 min- Department of Justice to prosecute Corker Lee Tillis utes of debate equally divided prior to cartels who harm our communities Cornyn Manchin Toomey from abroad by trafficking heroin, Cotton Markey Udall a vote in relation to amendment No. Crapo McCain Vitter other drugs, and precursor chemicals Daines 3362, offered by the Senator from Iowa, McConnell Warner for ultimate delivery here. Donnelly Menendez Mr. GRASSLEY. Warren Durbin Merkley The PRESIDING OFFICER. Who If this amendment is adopted, pros- Whitehouse ecutors would need to prove only that Enzi Mikulski yields time? Ernst Moran Wicker The Senator from California. an international drug trafficker had Feinstein Murkowski Wyden reasonable cause to believe that the il- Mrs. FEINSTEIN. Mr. President, I ANSWERED ‘‘PRESENT’’—1 legal drugs or chemicals he manufac- ask unanimous consent to speak for 2 Paul minutes. tured or distributed would be unlaw- The PRESIDING OFFICER. Is there fully imported into the United States, NOT VOTING—5 objection? as opposed to knowing or specifically Cruz Rubio Shelby Without objection, it is so ordered. intending that result. McCaskill Sanders Mrs. FEINSTEIN. Mr. President, I This amendment passed the Senate The PRESIDING OFFICER. Under wish to say a few words in support of by unanimous consent in October. It the previous order requiring 60 votes

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.040 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1204 CONGRESSIONAL RECORD — SENATE March 2, 2016 for the adoption of this amendment, real and has to be addressed, but I be- Sullivan Tillis Vitter the amendment is agreed to. lieve we ought to address the problem Thune Toomey Wicker Mr. GRASSLEY. Mr. President, I ask living within the confines of the budget NOT VOTING—4 unanimous consent that the votes fol- we previously agreed to just last De- Cruz Rubio lowing this first vote in the series be 10 cember. The underlying bipartisan bill McCaskill Sanders minutes in length. provides a good framework for tackling The PRESIDING OFFICER (Mr. BAR- The PRESIDING OFFICER. Is there this problem. It provides a comprehen- RASSO). On this vote, the yeas are 46, objection? sive, specific, and evidence-based ap- the nays are 50. Without objection, it is so ordered. proach to help Americans combat this Three-fifths of the Senators duly cho- AMENDMENT NO. 3395 epidemic. sen and sworn not having voted in the Under the previous order, there will In light of that, the pending amend- affirmative, the motion is rejected. be 2 minutes of debate equally divided ment No. 3395, offered by the Senator The point of order is sustained and prior to a vote in relation to amend- from Oregon, would cause the under- the amendment falls. ment No. 3395, offered by the Senator lying legislation to exceed the author- AMENDMENT NO. 3367 from Oregon Mr. WYDEN. izing committee’s section 302(a) alloca- Under the previous order, there will The Senator from Oregon. tion of new budget authority or out- now be 2 minutes of debate equally di- Mr. WYDEN. Mr. President, this lays. Therefore, I raise a point of order vided prior to a vote in relation to amendment keeps the Toomey amend- against the measure pursuant to sec- amendment No. 3367, offered by the ment on enforcement completely in- tion 302(f) of the Congressional Budget Senator from Pennsylvania, Mr. tact and makes two critical improve- Act of 1974. TOOMEY. ments. It adds prevention and treat- The PRESIDING OFFICER. The Sen- The Senator from Pennsylvania. Mr. TOOMEY. Mr. President, this is a ment. ator from Oregon. bipartisan, commonsense policy. I wish Colleagues, this is what the Repub- Mr. WYDEN. Mr. President, pursuant to thank my coauthors, Senators lican witness in the Finance Com- to section 904 of the Congressional BROWN, PORTMAN, and KAINE. mittee said is needed. It is what the Budget Act of 1974, I move to waive the Democratic witness in the Finance Lock-in is a tool by which bene- applicable sections of that act for pur- ficiaries who are abusing prescription Committee said is needed. We need poses of the pending amendment, and I more prevention, better treatment, and opioids are locked in to a single pre- ask for the yeas and nays. scriber and a single pharmacy for ac- tougher enforcement to work in tan- The PRESIDING OFFICER (Mr. dem. The Toomey amendment is about cess to these powerful narcotics. It TOOMEY). Is there a sufficient second? would make it difficult or impossible enforcement, but we also need preven- There appears to be a sufficient sec- tion and treatment. If somebody is ad- for these excessive prescriptions to ond. continue when a patient is so locked dicted to opioids, they need a real path The question is on agreeing to the out of addiction. This amendment en- in. motion. It is a tool that is already used by sures people who need help are con- The clerk will call the roll. Medicaid and private insurers. What nected to meaningful treatment The legislative clerk called the roll. our amendment would do is extend this choices to better manage their pain Mr. CORNYN. The following Senators important tool to Medicare. It is a pol- and limit excessive prescriptions. are necessarily absent: the Senator icy that has been requested by the ad- My amendment also aims to end the from Texas (Mr. CRUZ) and the Senator ministration. It is in the President’s tide of overprescribing in the first from Florida (Mr. RUBIO). budget. It has broad bipartisan sup- place. It does that by doubling the pen- Mr. DURBIN. I announce that the port. It will help stop fraud, help co- alties for manufacturers that provide Senator from Missouri (Mrs. MCCAS- ordinate care for seniors, and save tax- kickbacks to prescribers in order to KILL) and the Senator from Vermont payer money. boost their profits. (Mr. SANDERS) are necessarily absent. As Senator WYDEN observed, his I offer this with my colleagues Sen- The PRESIDING OFFICER. Are there amendment, had it proceeded, would ator SCHUMER and Senator MURRAY. I any other Senators in the Chamber de- not have actually extended this tool to very much hope we can get this amend- siring to vote? Medicare. The only way we can do that ment adopted. If we can have a bipar- The yeas and nays resulted—yeas 46, on this bill is to pass this amendment. tisan effort in the Senate that ensures nays 50, as follows: I would encourage everyone’s sup- there is tougher enforcement but also port. I think we have an agreement for better treatment and better prevention [Rollcall Vote No. 29 Leg.] YEAS—46 a voice vote on this, but before we go to do that we have to vote for this to that, I wish to yield to Senator amendment. Ayotte Franken Nelson BROWN for his comments. I yield back. Baldwin Gillibrand Peters Bennet Heinrich The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Reed Blumenthal Heitkamp Reid ator from Ohio. ator from Wyoming. Booker Hirono Schatz Mr. BROWN. Mr. President, I thank Boxer Kaine Mr. ENZI. Mr. President, the pending Schumer the Senator from Pennsylvania for his amendment, No. 3395, offered by Sen- Brown King Shaheen Cantwell Klobuchar Stabenow leadership. ators WYDEN and SCHUMER, would es- Cardin Leahy Tester Various doctors may not realize they Carper Manchin tablish a new demonstration program Udall are prescribing duplicative opioid pain- Casey Markey within Medicare Part D to coordinate Warner Collins Menendez killers. We have done the lock-in with the treatment of opioid addiction. The Coons Merkley Warren Medicaid. In many States, it has proposal would also increase the pen- Donnelly Mikulski Whitehouse worked. This is a commonsense solu- alties on drugmakers. Durbin Murphy Wyden Feinstein Murray tion to help a relatively small number According to the Congressional Budg- of people but a growing number of sen- et Office, the amendment would in- NAYS—50 iors whom a Medicare lock-in could as- crease direct spending over both the Alexander Ernst McCain sist. 2016 through 2020 and the 2016 through Barrasso Fischer McConnell I urge support for the Toomey-Brown 2025 periods. If the amendment were Blunt Flake Moran Boozman Gardner Murkowski amendment. adopted, then the Judiciary Committee Burr Graham Paul The PRESIDING OFFICER. The Sen- would exceed its spending allocation Capito Grassley Perdue ator from Pennsylvania. over both of these time periods. As a Cassidy Hatch Portman Mr. TOOMEY. Mr. President, in light Coats Heller Risch consequence of the new spending pro- Cochran Hoeven of the agreement for a voice vote, I ask Roberts posed, the Wyden-Schumer amendment Corker Inhofe unanimous consent that the 60-vote af- Rounds Cornyn Isakson is a violation of section 302(f) of the Sasse firmative threshold with respect to Congressional Budget Act. Cotton Johnson Crapo Kirk Scott amendment No. 3367 be vitiated. As I said before, we all agree that the Daines Lankford Sessions The PRESIDING OFFICER. Is there heroin and opioid abuse epidemic is Enzi Lee Shelby objection?

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.052 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1205 Without objection, it is so ordered. factured today is that CARA doesn’t In the meantime, the Senate Appro- The question is on agreeing to the appropriate any funds for this crisis. priations Committee shepherds re- amendment. CARA, of course, is an authorizing sources to the opioid problem in the The amendment (No. 3367) was agreed bill. It does many significant things consolidated appropriations bill signed to. that I talked about here on the floor into law late last year. Nearly $600 mil- AMENDMENT NO. 3345 earlier in the week. But it was never lion was included to start down the The PRESIDING OFFICER. Under intended to appropriate funds. road to helping States and commu- the previous order, there will be 2 min- That is what we have the Appropria- nities to address this problem. utes of debate prior to a vote in rela- tions Committee for. That is why we The appropriators, working with our tion to amendment No. 3345, offered by have an appropriations process. We authorizers inside the framework of the Senator from New Hampshire, Mrs. should follow that process. this bill, can evaluate the effectiveness SHAHEEN. In fact, according to the Office of Na- of this year’s spending as they make The Senator from New Hampshire. tional Drug Control Policy, the fiscal decisions about how much to spend and Mrs. SHAHEEN. Mr. President, we year 2016 appropriations act passed in how to spend most effectively in up- are voting on very good legislation December provides more than $400 mil- coming years. with the Comprehensive Addiction and lion in funding specifically to address Finally, last year’s budget resolution Recovery Act. This is a way to expand the opioid epidemic. conference report contained a deficit programs that work to address what is This is an increase of more than $100 neutral reserve fund, spearheaded by a real pandemic of heroin and opioid million over the previous year. None of Senator AYOTTE and adopted unani- abuse in this country. But the reality that money has even been spent yet—it mously by the committee, to address is that unless we provide the resources is available today. So there is simply the opioid challenge. Together, Repub- to make these programs work, it is like no reason to leap ahead of the fiscal licans and Democrats agreed that, if year 2017 appropriations process. giving a drowning person a life pre- Congress were to agree on policies and The reality is that this public health server that has no air in it. It doesn’t funds to tackle this urgent problem, we crisis festered while the Senate was in should work to pay for it. The Shaheen make a difference. We are losing 47,000 Democratic control for years. For ex- amendment does not do that. people a year—120 people a day—to ample, heroin overdose deaths more overdoses. Our law enforcement needs Also, the Obama administration did than tripled from 2010 to 2014. not request opioid funding in the sup- additional funding. The substance And all the while, no emergency sup- plemental request sent just last week abuse treatment folks need additional plemental spending bill was brought to for emergency Zika funding. support. the floor specifically to address it. In The PRESIDING OFFICER. The time What my emergency supplemental fact, no authorization bill like CARA of the Senator has expired. amendment would do is to support the was brought to the floor either during programs that are in the CARA legisla- Mr. ENZI. In that case, let me say those years. that the pending amendment, No. 3345, tion. It is about equally divided be- So I ask my colleagues to ignore this offered by the Senator from New tween support for law enforcement and manufactured controversy. $400 million Hampshire would cause the aggregate support for treatment. It helps with is available today to combat this crisis, level of budget authority and outlays prescription drug monitoring, with an increase of $100 million. We should for fiscal year 2016 as established in the education, and with recovery. It is the follow the appropriations process, most recently agreed to concurrent kind of support we need to provide if which is just around the corner, where resolution on the budget, S. Con. Res. we are really going to make a dif- competing priorities and tradeoffs can ference in this epidemic we are all fac- be evaluated. 11, to be exceeded; therefore, I raise a ing. That is the best way to ensure both point of order against the amendment I urge my colleagues to not just sup- that adequate resources are directed to under section 311(a)(2)(A) of the Con- port the underlying legislation—that is this epidemic while at the same time gressional Budget Act of 1974. good and we should support it, but un- maintaining fiscal discipline. The PRESIDING OFFICER. The Sen- less we provide the funding, we will not I urge my colleagues to vote against ator from New Hampshire. have done what we need to to accom- the amendment. Mrs. SHAHEEN. Mr. President, do I plish real change to keep people from The PRESIDING OFFICER. The Sen- have any time left to speak under the dying. I urge all of my colleagues to ator from Wyoming. previous 2 minutes? The PRESIDING OFFICER. There is support this amendment. Mr. ENZI. Mr. President, the pending Mr. GRASSLEY. Mr. President, I amendment offered by the Senator no time remaining. Mrs. SHAHEEN. Then pursuant to wish to speak in opposition to the Sha- from New Hampshire appropriates $600 section 904 of the Congressional Budget heen amendment No. 3345. million on top of the $571 million pro- Act of 1974 and the waiver provisions of Of course, the opioid crisis demands vided in the bill as reported by the Ju- applicable budget resolutions, I move resources, and significant resources are diciary Committee over the 2016–2020 to waive all applicable sections of that being directed to it. But this amend- period. Unlike the underlying bill, act and applicable budget resolutions ment is political gamesmanship by which requires appropriators to provide for purposes of the pending amend- some of my Democratic colleagues for the authorized funding within the dis- cretionary spending caps, the Shaheen ment, and I ask for the yeas and nays. whom the Senate’s advancement of The PRESIDING OFFICER (Mr. CARA doesn’t fit their preferred polit- amendment would designate new TOOMEY). Is there a sufficient second? ical narrative. spending as emergency not subject to There appears to be a sufficient sec- CARA is a bipartisan bill that ad- budget enforcement. ond. dresses the clear and present public I am also concerned that this amend- The question is on agreeing to the health crisis of heroin and prescription ment lacks specificity in how the funds motion. opioid abuse. Through the hard work of are allocated. For example, the bill The clerk will call the roll. many on both sides of the aisle, it provides $300 million to the Substance The bill clerk called the roll. passed the Judiciary Committee unani- Abuse and Mental Health Services Ad- Mr. CORNYN. The following Senators mously. And just a few weeks later, we ministration for substance abuse treat- are necessarily absent: the Senator are considering it on the Senate floor. ment to address the heroin and opioid from Texas (Mr. CRUZ) and the Senator This is the Senate working in a con- crisis and its associated health effects. from Florida (Mr. RUBIO). structive, bipartisan way on behalf of While we all agree that the heroin and Mr. DURBIN. I announce that the the American people, unlike the way it opioid abuse epidemic must be ad- Senator from Missouri (Mrs. MCCAS- worked under Democrat control. dressed, I believe the underlying bipar- KILL), the Senator from Nevada (Mr. But that is not a narrative some tisan bill provides a better framework REID), and the Senator from Vermont Democrats want the American people to tackle this problem. It provides a (Mr. SANDERS) are necessarily absent. to hear. So a controversy must be man- comprehensive, specific, and evidence- The PRESIDING OFFICER. Are there ufactured to create a distraction. And based approach to help Americans com- any other Senators in the Chamber de- the controversy that has been manu- bat this epidemic. siring to vote?

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.053 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1206 CONGRESSIONAL RECORD — SENATE March 2, 2016 The yeas and nays resulted—yeas 48, AMENDMENT NO. 3345 that is so culpable in this predicament, nays 47, as follows: Mr. WHITEHOUSE. Mr. President, we in this tragedy we have, but, no, rather [Rollcall Vote No. 30 Leg.] rise to express our disappointment than allow this good program, this bi- YEAS—48 with what just took place. I am one of partisan program to be expedited out the authors of the underlying bill. I Ayotte Franken Murphy there, to help the people who are Baldwin Gillibrand Murray think it is a very good piece of legisla- dying—47,000 in 2014, the last year— Bennet Graham Nelson tion, but it would make a very signifi- what we have done is protect the phar- Blumenthal Heinrich Peters cant difference if it had some funding. maceutical industry from having to Booker Heitkamp Portman Boxer Hirono Reed The simple fact that we have to face pay any share of the solution. Brown Kaine Schatz is this bill has no funding right now. I I yield to my colleagues. Cantwell King Schumer know colleagues on the other side have The PRESIDING OFFICER. The Sen- Cardin Kirk Shaheen come to the floor to say there is fund- ator from New Hampshire. Carper Klobuchar Stabenow Casey Leahy Tester ing—$80 million, $400 million—but in Mrs. SHAHEEN. Mr. President, I ap- Collins Manchin Udall point of fact I must disagree with preciate the comments from my col- Coons Markey Warner them. Let me list the points that show, league from Rhode Island, who is the Donnelly Menendez Warren author of the Comprehensive Addiction Durbin Merkley Whitehouse I believe, why there is no funding to Feinstein Mikulski Wyden this bill at this point. and Recovery Act. That is the under- The first is that the funding they lying bill we were trying to amend. NAYS—47 point to was passed out of the Appro- I would just point out that despite Alexander Fischer Paul priations subcommittee 7 months be- what the honorable chairman of the Barrasso Flake Perdue Blunt Gardner Risch fore this bill even had its markup. It Budget Committee said, the fact is Boozman Grassley Roberts would have been an astonishing feat of that the emergency supplemental fund- Burr Hatch Rounds prediction to be able—back then—to ing amendment we introduced is very Capito Heller Sasse Cassidy Hoeven fund this bill now. specific about where the funding goes. Scott If that weren’t clear enough, there It goes to programs that are addressed Coats Inhofe Sessions Cochran Isakson Shelby was a change in the bill between then in CARA, expanded, and improved; the Corker Johnson Sullivan and now. Then, if you wished to fund substance abuse prevention and treat- Cornyn Lankford Thune Cotton Lee this bill, you would have put the bulk ment block grants that go to the Crapo McCain Tillis of the money through the CJS Appro- States to be distributed, funding the Daines McConnell Toomey priations Subcommittee because the law enforcement through the Byrne- Enzi Moran Vitter Ernst Murkowski Wicker bulk of this bill was written in the CJS JAG and COPS grants that are very Appropriations Subcommittee. We only specific in how they can be used to NOT VOTING—5 changed it this January in response to fight heroin and opioid abuse. Cruz Reid Sanders Republican objections that nobody Like my colleague, I am dis- McCaskill Rubio wanted to create new programs. So we appointed—not surprised but dis- The PRESIDING OFFICER. On this rerouted the new programs through ex- appointed. I very much appreciate vote, the yeas are 48, the nays are 47. isting programs. That is when it be- those people who voted for this amend- Three-fifths of the Senators duly cho- came a Labor-HHS-dominated bill. So ment, who were willing—particularly sen and sworn not having voted in the there is no way that last June, when some of my colleagues from the other affirmative, the motion is rejected. this money came through that Appro- side of the aisle—who were willing to The point of order is sustained, and priations subcommittee, they knew it step forward and say, if we are going to the amendment falls. was going to this. address this problem, we have to pro- The Senator from Iowa. Moreover, if you go to the agency vide the resources that communities, AMENDMENT NO. 3374, AS MODIFIED, TO that is responsible for distributing this that States need to fight this addic- AMENDMENT NO. 3378 money, they are bidding the money out tion. Mr. GRASSLEY. Mr. President, I call right now. They have a use right now The question I have for those people up Donnelly amendment No. 3374, as for every dollar of it. If we don’t pass who didn’t vote to support this amend- modified. this bill, they will put the money out ment is, How many more people have The PRESIDING OFFICER. The and it will be spent. If we do pass this to die before we are willing to provide clerk will report. bill, they will put the money out and it the resources that are needed to fight The legislative clerk read as follows: will be spent. If we don’t get the bill this epidemic—47,000 people in 2014. In The Senator from Iowa [Mr. GRASSLEY], for out soon enough, they will have to pass New Hampshire, we are losing more Mr. DONNELLY, proposes an amendment num- it out and get it spent under existing than a person a day. In 2015, we lost bered 3374, as modified, to amendment No. law. So you simply can’t say with a over 400 people to overdose deaths from 3378. straight face that this is a funded bill. opioid and heroin, three times as many Mr. GRASSLEY. Mr. President, I ask The only way this is funded is by rob- people as we lost in traffic accidents. unanimous consent that the reading of bing the accounts that SAMHSA is now So many communities will continue to the amendment be dispensed with. putting out now to bid to fund, in order be ravaged because we are not willing The PRESIDING OFFICER. Without to fund this bill. You can say the to commit the resources to tackle this objection, it is so ordered. money will be better spent under this pandemic. The amendment, as modified, is as legislation. I think that is true. I sup- What do we tell the families of those follows: port this bill. I am going to be for the people who have overdosed? What do (Purpose: To provide follow-up services to in- bill all the way through, even if it is we tell the parents of young people dividuals who have received opioid over- not funded, but you can’t say there is such as Courtney Griffin, whose father dose reversal drugs) funding. came and testified at a hearing Senator On page 33, line 9, strike the period and in- This is a very solvable problem. We AYOTTE and I had last fall in New sert ‘‘, which may include an outreach coor- have done it before. As Senator SHA- Hampshire. He talked about the dif- dinator or team to connect individuals re- HEEN pointed out on the floor, when it ficulties of getting Courtney treatment ceiving opioid overdose reversal drugs to fol- was the swine flu, on an emergency ap- before she overdosed and died. low-up services.’’. propriations process, we appropriated I met a man at a treatment center in The PRESIDING OFFICER. The Sen- $2 billion and when it was Ebola, $5 bil- Lebanon, NH, a man in recovery who ator from Rhode Island. lion. If you say: Well, no, now some- had been in and out of prison. I thought Mr. WHITEHOUSE. Mr. President, I thing has changed, we can’t do that, we he put it very well when he said: You ask unanimous consent that I, Senator have pay for it—Senator MANCHIN has a know, it costs about $35,000 a year to SHAHEEN, and Senator KING be recog- pay-for. A penny per milligram of keep somebody in prison. Wouldn’t it nized for a 15-minute colloquy. opioid raises over $1 billion. You could make more sense to put dollars into The PRESIDING OFFICER. Without do half a penny that could be contrib- treatment because it is a whole lot less objection, it is so ordered. uted by the pharmaceutical industry expensive to provide the funding to

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.010 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1207 treat people who are using opioids and ties in this country, and the only way was an opportunity where we could heroin, who are substance abusers, we are going to be able to do it is to have spoken as one to realistically at- than to put them in jail? pay for it. tack this scourge that is devastating To all of my colleagues, I am dis- We had a point of order on the budg- our people. We are losing lives, we are appointed, but I am not defeated. The et. I have to tell you I am confused be- squandering treasure, and we are fact is, this is coming back. It will cause I stood here less than 3 months breaking hearts. The only way we are come back in the appropriations proc- ago when we passed the budget bill and going to be able to solve this problem ess, and it will come back at every op- $680 billion of tax extenders. Where was or at least make a dent in it is to pro- portunity because I am not going to the point of order then? It wasn’t fund- vide the wherewithal to the programs quit on those families in New Hamp- ed. A dime of it wasn’t funded. Maybe throughout the country that are strug- shire who need help. I am not going to there was a point of order, but it was gling manfully and mightily to con- quit on the treatment professionals rejected and overwritten so fast that front the problem and defeat it. who are trying to provide treatment none of us noticed it. It was the speed I yield the floor. for the people who are in need. I am of light. The PRESIDING OFFICER (Mr. not going to quit on the law enforce- My mother used to say we strain at GARDNER). The Senator from Ohio. ment, the police officers, the sheriffs, gnats and swallow camels. We swal- Mr. PORTMAN. Mr. President, I and all of the people in law enforce- lowed $680 billion of entirely unfunded thank my colleague from Nevada for ment in New Hampshire who are trying tax extenders, and we cannot solve it yielding to me to speak for a moment to put pushers behind bars and trying and bring it into our hearts to save in response to the comments made by to get people off the streets and into lives for one one-thousandth of that my colleagues about the legislation be- treatment. amount, $500 million—one one-thou- fore us, which is legislation to address I hope at some point the rest of the sandth of the amount that we passed in the horrible problem we have in all our Members of this body are willing to a matter of minutes last December. I States of the addictions caused by her- take up this cause and provide the re- am confused by this. I don’t understand oin and prescription drugs. About 100 sources people need because I will tell it. people will die today from overdoses, By the way, 47,000 people, that sounds you it is certainly worth it to address and that is just the tip of the iceberg like a lot, but this is what really the 47,000 people we lost. We were will- because there are so many other people sounds like a lot. Since this debate ing to put $5.4 billion into Ebola, and whose lives are being ruined, families started at 2 o’clock this afternoon, 10 we lost one person in America. We were being torn apart, and communities people have died; 10 people have died in willing to put $2 billion into fighting being devastated. the last 2 hours; 47,000 people is 5 peo- swine flu, and we lost about 12,000 peo- Senator WHITEHOUSE, other Members ple every hour, 24 hours a day, 365 days ple in the swine flu epidemic. We have of this body, and I drafted this legisla- of the year. We are not talking about tion over the period of the last few not been willing to put funding in to abstractions here, we are talking about address the thousands, the tens of years, including five summits we had people’s lives. We are talking about in this Congress to bring in experts thousands of people we are losing each what I consider one of the most serious from all over the country on preven- year in this country. problems I have ever seen in my State. So we are going to keep at it. We are tion, education, treatment, and recov- We talk about Ebola. We talk about going to keep fighting until we get the ery—dealing with the law enforcement ISIS. We talk about all of these chal- side and the importance of having resources that families and commu- lenges we have. Yet this is something Narcan available and also helping to nities need to fight this scourge. that is killing five people an hour, and I yield to my colleague from Maine, get prescription drugs off bathroom we are not willing to put the funds in who has been—like my colleague from shelves and ensure we had drug-moni- to do it. It is a false promise. Rhode Island—a real leader in trying to I believe this bill is going to do a lot toring programs. It is a comprehensive address this issue. of good, but it is not going to meet the approach. The PRESIDING OFFICER. The Sen- promise we are making to the Amer- I will say I disagree a little with my ator from Maine. ican people by all of this drama this coauthor, my colleague from Rhode Is- Mr. KING. Mr. President, I rise in week about drug abuse and that we are land, in saying that if we could pass disappointment, surprise, and some going to do something about it. We are this bill, there would be no funding for confusion that we have this bill. We not going to do enough about it be- it somehow. There was a huge increase spent a week—I went to the Judiciary cause in order to deal with this prob- in funding, as everyone knows, at the Committee. The bill came out of the lem—and this is true everywhere—it is end of the year for opioids. Senator committee unanimously. There is tre- going to take money to provide treat- WHITEHOUSE, others, and I approached mendous interest in this subject. When ment for people who need it. the appropriators and asked them to be I have talked about it at home, I have As I talked about this morning, the sure that funding was consistent with said to my people in Maine, this is tragedy is when someone is ready to where we were on CARA at that time— something we are going to be able to do change their life and ready to try to in the middle of the Judiciary Com- because every Member of this body is defeat this awful disease—and they mittee. When we had some jurisdic- being affected by this tragedy that is cannot find any place to give them tional issues, we worked hard to draft engulfing our country. This is some- treatment. I was at a detox center in the legislation so that if we could get thing we are going to be able to do to- Portland just last week. They are turn- it enacted this fiscal year—that is be- gether and indeed we have done a lot ing away 100 people a month from a tween now and September 30—there together. We have a good bill. We have detox center—not even a treatment would be funding to help us accomplish passed some good amendments. One of center but a detox center—because what is in the legislation. the President’s amendments was in the they do not have the beds. However, as my colleagues know, bill that we passed this afternoon. This I am delighted we are working on this bill is an authorization bill. What is important work, but it has to be this bill. I am delighted we are passing does that mean? It means it is a bill funded—the old saying in Maine, and I it. I think there is a lot of good in it, that directs how funding will be spent. suspect everywhere else, put your and it is, in fact, a bipartisan bill. But It is not a spending bill. money where your mouth is. to venture up to the edge of this prob- Having said all that, as Senator SHA- I was on a teleconference with some lem and then step away because we are HEEN knows, I supported her efforts to folks in Maine just 2 hours ago talking not willing to pay for what, in my add additional resources over and about this, and one of the chiefs of po- mind, is one of the most serious emer- above what could be spent this year on lice said: It is time to move from talk- gencies we have faced since I have been CARA because I believe this is such an ing about being interested in this to in- in public life is disappointing, sur- urgent problem, and I believe it does vesting in it. We cannot solve this prising, and it is a great missed oppor- rise to the level of being an emergency. problem without money. It would be tunity for the country. That is saying a lot. I am a fiscal con- nice if we could. There is a drastic and I join my colleagues in regretting the servative. But that means it is not paid dramatic shortage of treatment facili- decision that was just made. I think it for by offsetting other programs. It is

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.058 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1208 CONGRESSIONAL RECORD — SENATE March 2, 2016 just additional funding because it is Certainly we should right now—as I many Nevadans, substance abuse is an such an urgent need. have done and I know Senator WHITE- issue that hits close. It is an issue I We have done this on other occasions HOUSE is doing and others are doing— read about in constituents’ letters and with health care emergencies when we go to the Committee on Appropriations hear in far too many calls that come in have had something like the Ebola cri- and say: With regard to next fiscal to my office on this issue. sis. Well, I think this is a crisis too, so year, let’s be sure that we have the en- Like many of my colleagues, I have I voted with Senator SHAHEEN today. I tire bill funded. And again, I would heard from those who are struggling am a cosponsor of her amendment. I support even additional funding beyond with addiction or who have lost a loved support it, but I don’t support the ef- that. But at a minimum, let’s get this one to this epidemic. In my home State forts of some who say somehow there is done. This is an opportunity on a bi- of Nevada, there were 545 drug overdose no money in here. This is an authoriza- partisan basis to actually get some- deaths in 2014 alone. I have heard tion bill. This is the first step toward thing done to help people who are cry- countless stories from young Nevadans getting the money, not just this year ing out for our help. Communities need who have experienced addiction them- but into the future. That is the point. our help. Families that are being bro- selves or seen their friends slip into Back in the House, I was the author ken apart need our help. this scary spiral of abuse. of the Drug-Free Communities Act. I appreciate the fact Senator SHA- I recently met a young man from Some 19 years later, $1.3 billion has HEEN made her best effort today. She Reno who was advocating on behalf of been spent in support of the Drug-Free was right, in my view, but let’s also multiple friends whom he had lost to Communities Act, helping to create continue to work together to get this heroin overdose. He said it started with over 2,000 community coalitions, in- legislation passed with whatever fund- experimenting with leftover painkillers cluding in just about every State rep- ing we can add to it. That is great with in his friend’s parents’ medicine cabi- resented in this body. Was that a me, but let’s get this bill passed to en- net. Eventually, the pills were gone, spending bill? No. It was like this—an sure that going into the future we are and the group of friends started experi- authorization bill to direct the spend- directing this funding effectively and menting with harder and cheaper ing based on a lot of research and ef- increasing this funding to help those drugs. Some of their friends fell into fort, evidence-based practices we know who need it most. the juvenile court system after being would work. That is what this is. This Again, I appreciate my colleague caught with illegal drugs. is taking it to the next level. Unfortunately, the court system Specifically directed to the points from Nevada, and I am sorry to take so wasn’t equipped to adequately treat my good friend from Maine just men- much of his time. I yield the floor. their addiction. They slipped back into tioned about treatment centers being Mr. WHITEHOUSE. Mr. President, if their old habits, and the young man filled and detox centers not having I can have 1 minute before the Senator from Reno has now gone to multiple fu- room for someone to go to get the departs. nerals. detox and then get into treatment, The PRESIDING OFFICER. The Sen- I am glad he had the courage to tell these are real problems in our commu- ator from Rhode Island. his friends’ stories. Opioid abuse and nities now. That is what this legisla- Mr. WHITEHOUSE. I thank the addiction has stolen the lives of far too tion is meant to address, not just by Chair. many Nevadans, and it is time we do appropriations for 1 year but by chang- I would like to end this conversation something about it. ing the law for the future. If we do this, and do it right, in an- on a happy note, after what I consider I know my colleagues also hear the other 19 years in this legislation, we to be a very unhappy vote, and that is same stories in their offices on a daily will spend even more than we spent on to express my appreciation to Senator basis. In 2014, opioids were involved in the Drug-Free Communities Act. It PORTMAN for his collegiality and his almost 30,000 American deaths. That will be well over $2 billion that will work over many years to get this bill means more Americans now die each have been spent that would otherwise to where it is now in the Senate. I ex- year from drug overdoses than they do not have gone out because of this legis- press my appreciation to him for vot- from car crashes. The unfortunate reality of opioid lation. So just as Senator WHITEHOUSE ing for the amendment of Senator SHA- said that he strongly supports this bill HEEN. I express my appreciation to him abuse has become a major public because it is evidence based, because for publicly pledging to work as hard health concern, and something needs to we spent the right time putting the ef- as we can together to get funding for be done. We know this epidemic hits all fort into making sure it would be this bill into the appropriations proc- ages, all socioeconomic levels, all money well spent, this bill is really im- ess that is underway right now. races, and all genders. portant. I look forward to working with him Opioid use often starts with treating I appreciate the support of my col- on all those endeavors. I do believe legitimate pain needs. There are two leagues—Senators SHAHEEN, KING, and that we missed a big opportunity, be- groups of Nevadans that are extremely WHITEHOUSE. Senator WHITEHOUSE and cause Senator SHAHEEN’s bill, had it important, and I have focused my ef- I have been at this for a few years to- passed, would have flooded a lot more forts today on these two very impor- gether. It is the right thing to do for money, a lot faster, into the solution of tant populations: our veterans and our our country at a time when we do face this problem. seniors. a crisis. With that, I yield the floor. First, I have two amendments that Again, I will support the additional The PRESIDING OFFICER. The Sen- improve access to treatment for our spending because I think this is so crit- ator from Nevada. Nation’s veterans. My first amend- ical. But let’s not go forward with this Mr. HELLER. Mr. President, I want ment, Heller amendment No. 3346, sense that somehow this doesn’t mat- to thank my colleagues on both sides would include veterans service organi- ter. This does matter in a very big way. of the aisle on this particular piece of zations in the Pain Management Best This is a necessary first step. And in legislation. I know there is a lot of pas- Practices Interagency Task Force. Giv- terms of this year, because we in- sion behind this, and there should be, ing VSOs a seat at the table on this creased funding dramatically at the and I do believe at the end of the day task force will help us better under- end of the year for this fiscal year—not there will be an appropriate authoriza- stand the unique circumstances our one penny of that has been outlaid, by tion and spending level so we can get Nation’s veterans face that drive them the way; it has been appropriated but this bill passed, which is something I to use opioids in the first place. there has been no outlay yet—I believe support. My second amendment, Heller anything we could get done this year— I also want to thank Chairman amendment No. 3351, would allow vet- getting it through the House, getting it GRASSLEY, Ranking Member LEAHY, erans nonprofit organizations to be eli- through the Senate, and the President and all those who have been involved in gible for grants from the Building signing it—would be funding we could this particular topic of bringing opioid Communities of Recovery program. use for these important CARA pro- abuse to the forefront. Opioid abuse is The Building Communities of Recovery grams just in the 7 months of this fis- an issue every Member of the Senate program is designed to pool community cal year. hears about when they go home. For resources to help those affected by

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.060 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1209 opioid abuse seek the proper treatment rather than cope with the pain through like to share some of the insights with to recover from these highly addictive highly addictive medication that only my colleagues. pain medications and avoid slipping masks their discomfort. First of all, Jamal Greene, a pro- into a cycle of chronic drug abuse. Senator CARDIN and I have been fessor of law at Columbia Law School, Including veterans nonprofit organi- working on a responsible alternative to looked to the original intent of the zations in this grant program will the Medicare’s therapy cap. I believe Framers of the Constitution, noting allow places like Veterans Village in more work needs to be done to ensure that ‘‘the Framers did not contemplate Las Vegas to access more resources to that these proposals will solve the the use of the Senate’s advice and con- treat the servicemen and -women in problem and ensure that these seniors sent power solely to run out the clock our State. As a member of the Senate have access to the therapies and treat- on a presidential appointment. As Veterans’ Affairs Committee, I am con- ments they need. [Alexander] Hamilton speculated in cerned about how opioid abuse impacts Right now, the cap has been lifted Federalist 76, rejection of a nominee America’s heroes. Some of these vet- until March of 2017. We have until ‘could only be to make place for an- erans are in severe pain due to the in- early next year to come up with a per- other nomination by [the President].’ ’’ juries they sustained during service to manent solution to the therapy cap The critical point made by Professor our Nation, and numerous veterans issue, and I have no doubt that Senator Greene, which was echoed by the rest have reached out to my office for help CARDIN and I will be able to deliver re- of the panel, is that inaction is not an when the VA’s policies are negatively sults for seniors across this country. appropriate response when the Con- impacting them. The American people want us to put stitution says that the President shall As we debate the Comprehensive Ad- partisan politics aside and come up nominate and that the Senate has a diction and Recovery Act, it is critical with solutions to the problems we see duty to advise and consent. In fact, for Congress to ensure VSOs have a every day. CARA is an example that Professor Gerhardt from the University voice. These organizations understand Congress can, and should, come to- of North Carolina at Chapel Hill noted the unique challenges veterans face gether to solve these problems. The that the only time Members truly with opioids and how to resolve these epidemic of opioid abuse has reached a abandoned their constitutional duties issues. That is why I have filed two serious point in our debate. I believe and left this position open was during amendments to allow this important the Comprehensive Addiction and Re- the Civil War. Think about that. Sen- stakeholder to come to the table and covery Act is a step in the right direc- ators before us in this great Chamber— help reduce opioid abuse. tion. even before we had this Chamber, when I encourage my colleagues to accept I encourage my colleagues to pass they were meeting in other places. We these amendments, and I would like to this important legislation, and I am have been through World War I, we continue to work with the bill man- hopeful that we can do it this week, have been through World War II, we agers as we find a path forward on showing Nevadans and all Americans have been through the Vietnam war, them. that we are serious about addressing we have been through civil rights tu- The senior population is another this problem. mult, and always the position was group of Nevadans that face unique cir- Mr. President, I yield the floor. filled and not left vacant for that year cumstances on how they become de- The PRESIDING OFFICER. The Sen- time period. We have to go back to the pendent on opioids. They are prescribed ator from Minnesota. Civil War. opioids to cope with chronic pain and Ms. KLOBUCHAR. Mr. President, I Another common theme we heard discomfort after surgery and, obvi- rise today to talk about the Supreme from all of the panelists is that the ously, rightfully so. In fact, about 40 Court vacancy for the second time on proposed inaction by our colleagues on percent of Nevada’s seniors are on the floor, but I did want to thank the the other side of the aisle is without some type of opioid, but opioids have cosponsors of our bill, Senator precedent in our Nation’s history. In qualities that make them highly ad- PORTMAN, Senator WHITEHOUSE, and the last 135 years, no President has dictive and prone to abuse. Senator AYOTTE, and also Senator SHA- been refused a vote on a nominee for an Pain is a highly complex issue, and HEEN for her strong amendment that I open seat on the Court. The Senate has there are many barriers to pain man- think would have made such a dif- confirmed more than a dozen Supreme agement. Just recently I had a con- ference if we could get some immediate Court Justices in Presidential election stituent reach out to my office because emergency funding. years, including five in the last 100 they were being denied access to a life- As we know, there are other impor- years. So it is not as if we have to go saving opioid pain medication for a tant provisions in this bill, especially way back in time; five of them were in very rare and serious condition. Fortu- the work I am focused on with pre- the last 100 years. Probably the most nately, we were able to help resolve the scription drug monitoring, the simple oft-cited example is the example of situation, but it was disappointing that idea that when I talk to doctors, they President Reagan nominating Justice this Nevadan had to go to such ex- are never sure if this is someone who is Kennedy in his last few years in the tremes to receive the treatment they actually abusing the system. They White House. He nominated Justice deserved. want to do well. They have been Kennedy, and a Democratic Senate No doubt Congress should play a role trained to do well to get people out of confirmed—not just confirmed but con- in addressing opioid addiction and this pain. But so often there is not a lot of firmed unanimously. epidemic, and I think there are ways to monitoring about what is going on. Another member of the panel was accomplish this goal while ensuring And this is going to help get the States Professor Jeff Stone. He is a professor that seniors in Nevada and throughout to start doing their work. I again at the Law the United States continue to receive thank Senators WHITEHOUSE, PORTMAN, School—actually, my professor, my the care they need. One of those ways AYOTTE, and SHAHEEN for their work on evidence professor. I always enjoy ask- is to permanently repeal the Medicare this bill. ing my professors questions now that I caps on therapy services. Right now, FILLING THE SUPREME COURT VACANCY am a Senator as opposed to when they current law places an annual per-bene- Mr. President, I come today to talk used to ask questions of me. He was, of ficiary payment limit of $1,880 for all about the Supreme Court. course, a former colleague of Justice outpatient therapy services. Last Wednesday, I led a meeting of Scalia’s. In fact, when Justice Scalia I firmly believe that if patients had the steering and outreach committee left the University of Chicago to be ap- better access to physical therapy, they on the Supreme Court and the Senate’s pointed to the bench, he actually gave would not be as dependent on highly constitutional responsibilities. We had his papers and all of his notes to Pro- addictive pain medication. Seniors the opportunity at that meeting to fessor Stone. While they had some dif- would also have a higher quality of life hear from four distinguished law pro- ferent political views, without a doubt, by treating the sources of the pain and fessors on the constitutional implica- he had admiration for Professor Stone rebuilding their strength. With proper tions of the current vacancy and to put and Professor Stone had admiration for access to care, seniors will be able to some historical and constitutional con- Justice Scalia, as he has written about enjoy a happy and healthy retirement text about the choice before us. I would since his death.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.061 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1210 CONGRESSIONAL RECORD — SENATE March 2, 2016 After reviewing the history of Su- processes, that we move legislation, again—he can’t—who is in the last year preme Court nominations, Professor that we move nominees, and that we of his Presidency, with a Republican Stone concluded: respect our traditions, we respect the Senate. Despite all the fuss and fury over the Su- Senate, and we respect each other. The critical importance of filling this preme Court confirmation process, the plain Looking beyond the constitutional seat is clear, and it is not something and simple fact is that the Senate always de- duties of the Senate and the historical we can wait on for over a year. Not fers to the president as long as the president precedent of the Senate considering since the Civil War have we had a va- puts forth nominees who are clearly quali- Supreme Court nominees, we have had cancy for over a year. And, may I add, fied and who are reasonably moderate in their views. And this is true even when the the opportunity to hear from our there is plenty of time for the Senate Senate is controlled by the opposing party. panel, as I mentioned, as well as from to consider and confirm the nominee. In short, nominees who are both qualified a number of others, about the impor- Is it convenient? No, it is not conven- and moderate are confirmed. Period. tance of filling a vacancy on the Su- ient. There is a lot going on. It is an I think he was using as an example— preme Court. election year. Things happen. Unex- we know there have been nominees who Professor Greene, whom I mentioned pectedly, Justice Scalia died. And have been turned down by the Senate before, and others noted that this inac- many people who knew him well, such in past, including in the recent past, tion could leave the Court for two full as my law professor in Chicago, miss but the point is, they got a hearing and terms without the ability to resolve him. But he died, and that triggered a they got an up-or-down vote. There are closely contested cases. They don’t get duty on the part of the President and cases where people withdrew their the easy cases on the Supreme Court. on our part. names. There are cases where the up- That is not why they are there. That is The Senate has taken an average of or-down vote was not in their favor. not why they are called the Supreme only 67 days—about 2 months—from But they always were moved forward. Court. They get the tough cases. They the date of the nomination to the con- Although we have been accustomed get the cases in the gray area. When firmation vote since 1975. This means to a certain level of partisanship in the lower courts are in disagreement that if the President offers a nomina- Congress, Professor Stone pointed out and can’t figure out what to do, they tion this month, that nominee should that the nomination process for Su- are the decisionmaker. receive a vote in the Senate by Memo- preme Court Justices has remained in Professor Greene went on to say in rial Day. If for some reason that large part a bipartisan process. Again, our panel: ‘‘The Supreme Court has doesn’t happen and the hearings take people may vote differently, but as a multiple responsibilities, but one of its longer than we think, I would put one member of the Judiciary Committee main, core functions is to resolve those other day forth: We could finish this by and a relatively new member in con- disagreements [among the lower the Fourth of July. For those who love firmation processes for both Justice courts], and [this vacancy] leaves the the Constitution, that is certainly a Kagan and Justice Sotomayor, those law in a state of uncertainty.’’ good holiday and end date. hearings were very civil. At the time, The people of this country have Looking at the text of the Constitu- Senator SESSIONS was the ranking enough uncertainty to deal with. Of tion, the precedent of the Senate, and member and Senator LEAHY was the course, because of our democratic func- the importance of the circumstances, chair. At those hearings, people asked tions, we do not know who our next the matter is clear: It is the duty of the questions they wanted to. They President will be. There is a lot of the Senate to thoughtfully consider went on for a number of days. Then we blame and a lot of finger-pointing the President’s nominee to the Su- had a final vote, and then we came to going on throughout our political sys- preme Court, and anything less than the Senate and all was done. As we tem right now. There is a lot of uncer- that disregards our oaths of office. know, among the Justices currently tainty. There is uncertainty with the Mr. President, I yield the floor. serving, the longest time from the way our laws have worked. But one of The PRESIDING OFFICER. The Sen- nomination to the confirmation was our jobs is to put some certainty in ator from Florida. actually 99 days; that was Justice people’s lives. We did that with the Mr. NELSON. Mr. President, I wish Thomas. budget at the end of last year. We did to associate my remarks with the Sen- So we have always had a process that that with the Transportation bill last ator from Minnesota and just say that has worked. And while the result has, year. We did that with a number of what the Constitution says is so clear. sadly, become more partisan—although pieces of legislation that were passed It says that the President shall—not there have been a number of Repub- on a bipartisan basis. Now it is our job may—it says shall nominate and then licans who voted for the recent nomi- to not leave the entire legal system in the Senate will advise and consent. nees, it has been more partisan over a state of uncertainty. That is clear. The President is going to time. When we look at the unanimous Former Justice Sandra Day O’Connor nominate. So are we going to wait vote Justice Kennedy got, the process has also spoken out. When asked about around for a whole year without giving itself worked, and that is very impor- Republicans seeking to wait a year our advice and/or consent? In other tant to the functioning of the Senate. until considering a nominee, she said: words, just do your job. So I thank the The fact is, we may have a very dif- ‘‘I don’t agree. I think we need some- Senator for her comments. ficult atmosphere around us politically body there to do the job now and let’s TAKATA AIRBAGS and sometimes right here in this get on with it.’’ Mr. President, I have a very touchy Chamber, but we have tried to keep our In fact, former President Ronald subject to talk about again—the ongo- dignity and move forward with our Reagan, who nominated Justice O’Con- ing Takata airbag fiasco. It is now a re- processes, and we find ways to work to- nor to the Supreme Court, said in 1987: call fiasco. To this point, some 26 mil- gether and we treat each other with re- ‘‘Every day that passes with a Supreme lion of these airbags that are in the spect. For me, that is a lot about what Court below full strength impairs the center of the steering column that we this is about, this process for a nomi- people’s business in that crucially im- drive around with right in front of us nee. Yes, it is about what the Constitu- portant body.’’ or in front of the passenger’s seat or on tion says. Yes, it is about respecting He made that statement around the the sides, side airbags—some 26 million history. Yes, it is about not leaving a same time he nominated Justice Ken- of them have already been recalled. vacancy on the third pillar of our gov- nedy, who was confirmed, as I noted, A little over a week ago, I spoke ernment when, in fact, our only job as unanimously by a Senate controlled by about this continuing customer confu- Senators is not to determine what hap- the opposite party in the last year of a sion over this recall fiasco. For the pens in those cases or what the indi- Presidency. That is our closest and sake of the safety of our American con- vidual decisions are, but it is to fund most recent example—confirmed in the sumers who happen to be drivers in that Court and make sure that vacan- last year of the Reagan Presidency by these vehicles with these Takata air- cies are filled in our advice and consent a Democratic Senate, with a Repub- bags, we need to end this confusion. I function. But it often goes beyond all lican President. think the process has to begin with of that for me. It is about how we func- We now have a Democratic President having the National Highway Traffic tion as a body, that we keep to our who is not running for President Safety Administration, or NHTSA,

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.029 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1211 take a hard look at whether they need that has been so defective? No answer The senior assistant legislative clerk to start the process of recalling all to that either. In other words, are we proceeded to call the roll. Takata airbags with ammonium ni- going to replace an old live grenade Ms. HIRONO. Mr. President, I ask trate-based inflaters. with a new live grenade? unanimous consent that the order for Ammonium nitrate seems to be the In the letter, I also asked the Admin- the quorum call be rescinded. problem. It is a chemical compound istrator to consider an accelerated The PRESIDING OFFICER. Without that is ignited when you have a colli- phaseout of the production of new objection, it is so ordered. sion. Within less than a second, it in- Takata ammonium nitrate-based in- WHOLE WOMAN’S HEALTH V. HELLERSTEDT flates with gases. This is the airbag flaters. In his letter, he declined. Ms. HIRONO. Mr. President, I rise to that is supposed to save our lives. But As to the request for NHTSA to look speak on the Texas case that was heard what is supposed to save lives has been at a larger recall of Takata ammonium by the U.S. Supreme Court, Whole killing lives because the explosive nitrate-based airbags, Administrator Woman’s Health. This morning, I force is so great that it starts to shred Rosekind declined to call for a larger joined hundreds of pro-choice advo- the metal housing. That is sending recall. He based that statement on the cates on the steps of the Supreme pieces of shrapnel right into the driver fact that most of the Takata airbags Court in advance of the oral argu- or into the passenger. that have not been recalled contain ments. They came from all parts of the Last week, I showed the Senate one something called desiccant, which re- country with signs such as ‘‘Don’t mess of these airbags, and then I showed moves the moisture and is supposed to with access’’ and ‘‘Respect my funda- them a piece of metal that became, in stabilize the ammonium nitrate in the mental human dignity.’’ effect, shrapnel, like a grenade, only inflaters. The lead-up to this case was a Texas this piece was that big and it had That desiccant is there because mois- law, HB2, which imposes unnecessary killed a lady in Orlando, FL. As a mat- ture is considered to be the culprit that medical requirements on the State’s ter of fact, when the police got to the causes the ammonium nitrate to be de- clinics that provide abortion services. intersection where she had a collision fective in its explosion. So desiccant is According to the American Medical and the airbag deployed and they got supposed to remove that moisture, and Association and the American College there and found her in the car, they it is supposed to stabilize the ammo- of Obstetricians and Gynecologists, thought it was a murder because her nium nitrate. these requirements are not necessary The exact quote in his letter is this: neck had been slashed. But, in fact, it to protect the health of women seeking ‘‘In fact, to date, NHTSA is unaware of these services. Rather, these onerous was this airbag, exploding with such any inflator rupture, in testing or in restrictions, known as targeted regula- force that it shredded the metal. In the field, of a Takata inflator using tion of abortion providers, or TRAP this case, it was a piece that big. chemical desiccant to counteract the On February 10, I sent a letter to the laws, have only one purpose—to deny effects of moisture.’’ NHTSA Administrator, Mark abortion services to women. He says that NHTSA is unaware of Three-quarters of clinics in Texas Rosekind, asking him to do two things. any inflater rupture using the chemical will close if this law is upheld, leaving First, I asked him to use his authority desiccant. nearly a million women without ade- to phase out the production of the new That statement is not true. On Octo- quate access to reproductive services. Takata ammonium nitrate-based air- ber 15 of last year, General Motors re- By making the false claim that restric- bag inflaters as soon as possible. With called about 400 vehicles for Takata tions like those passed in Texas will all that we know about these things, side airbags with the chemical des- actually protect women’s health, oppo- this ammonium nitrate should not be iccant. Fortunately, in that testing, nents of abortion hope to conceal their used as replacement for the old Takata nobody was injured. But that wasn’t true agenda, which is putting an end to inflaters, and it certainly shouldn’t be correct information given to the Com- abortion and women’s reproductive used in the new cars that are produced merce Committee, and NHTSA finally choices. and sold to consumers. admitted their error to our staff on The Texas law is just one more exam- Second, in this letter, I asked him to Monday of this week. ple of a litany of legislation and other seriously consider a total recall of all Why didn’t NHTSA seem to know attempts to limit a woman’s constitu- Takata ammonium nitrate-based in- about it beforehand? This really raises tionally protected right to choose. At- flaters that are currently in vehicles. serious questions when a regulator tacks on reproductive rights, such as My goodness, that is a big number. doesn’t even seem to know about its misleading undercover videos, violence That is potentially another 90 million own data. NHTSA had that data. As a at clinics, and numerous attempts in units in this country alone. That could result, it continues to raise questions Congress to roll back progress on wom- be as much as 260 million worldwide. about who is really in control of this en’s health care continued in 2015. But with all the manipulation of data recall. Is it who ought to be, NHTSA, Since Roe v. Wade was decided, State and the serious safety lapses that our or is it the manufacturer of the defec- legislatures have passed hundreds of staff on the Senate Commerce Com- tive airbag, Takata? laws to chip away at a woman’s right mittee has detailed in two separate re- Deaths and serious injuries have oc- to choose. In the last 4 years alone, ports, I think it is something that we curred as a result of these defective States have passed 231 anti-choice should seriously look at. Potentially, airbags. They have been in Florida, but laws. Among the most invasive are it is a big number of recalls of this am- they have been in many other places. those requiring ultrasounds of women monium nitrate-based inflater that is The last one was in the Carolinas in seeking abortion care, and some of the currently in vehicles. December, and a Ford driver is dead as most ill-conceived laws require pro- I want to say that I supported Ad- a result of it. viders to give medically unsound infor- ministrator Rosekind’s nomination, I can tell you that this Senator and mation to scare women seeking abor- and I think he has done a number of many of the members of the Senate tion care. Laws that are not based on things to try to improve NHTSA. But I Commerce Committee are not going to medical science and opposed by med- was not too pleased with his written sit quietly and wait for this to get sort- ical practitioners do not protect a response to my letter that I received ed out in good time. Lives are at stake. woman’s health. No matter how loudly from him on February 26, just a few We are going to keep pushing until all or how often these arguments—or these days ago. In my letter, I asked him to consumers who have vehicles with claims—are repeated, they are lies. provide me with the total number of Takata airbags get answers and get Lies repeated do not become truths. inflaters that Takata could supply help. While these restrictive laws impact under existing contracts with auto- I wish I didn’t have to bring this to all women, they impact minority and makers. He didn’t supply that. the Senate floor, but in the safety and lower income women most. For exam- Will Takata continue to produce mil- sake of consumers we have to. ple, the Texas law will result in the lions of these things? We don’t know. I yield the floor. closure of more and more provider clin- We don’t know the answer. I suggest the absence of a quorum. ics. Women in Texas will have to travel Are consumers today basically get- The PRESIDING OFFICER. The farther and farther to get to open clin- ting a newer version of the old version clerk will call the roll. ics. Women who have limited resources

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.065 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1212 CONGRESSIONAL RECORD — SENATE March 2, 2016 to travel for needed services or cannot dom. In the last year of the Bush ad- or her opportunity, if we wait, to make afford to take time from work to travel ministration—H. W. Bush—in 1992 on the nomination for whomever will fill these long distances are the most nega- June 25, then-Senator BIDEN made two Antonin Scalia’s place. It will be the tively impacted by TRAP laws. statements, and I would like to share new Senate’s place to confirm that Why do women need to be protected those statements. The first is the fol- nomination. The Senators who are from being able to access the reproduc- lowing: elected will be the ones most recently tive services they need and choose? [I]t would be our pragmatic conclusion elected to the Senate, and the Presi- Fundamentally, what is the point of a that once the political season is under way, dent who is elected will be the most re- constitutional right if one is unable to and it is, action on a Supreme Court nomina- cently elected President of the United exercise that right? I cannot think of tion must be put off until after the election States. That is the person who should any other constitutionally protected campaign is over. That is what is fair to the make that appointment, and that Sen- right that has seen so many restric- nominee and is central to the process. Other- ate should make that confirmation. wise, it seems to me, we will be in deep trou- tions placed upon it, except perhaps Think about this. Ronald Reagan ap- the right to vote, but that is a subject ble as an institution. Let’s take that quote and apply it to pointed Antonin Scalia in 1986. for another speech. Antonin Scalia served on the Court for It is more than ironic that while the current contemporary time we are in today. We are in a politically un- 30 years until 2016. The next person ap- many of our anti-choice colleagues ve- pointed to take his place may serve 30 hemently speak out in support of con- known territory. Yesterday was Super years as well. That takes us to 2046. stitutional rights, when it comes to Tuesday, and 15 States went to the That is a long time from now. women’s bodies and reproductive polls. We had newcomers getting the Shouldn’t we take the most choice, they are all too willing to set most votes, and we had old-timers get- contemporarily elected President to aside their constitutional principles to ting the most in one primary. We have make that appointment rather than invade those fundamental rights. Nei- women getting votes. We have men get- one who is going away and will be in ther Congress nor the States have a ting votes. We have conservatives and the history books? I think it is right to right to do that. we have liberals. We don’t know who I yield the floor. our President is going to be or what allow the President who has been most I suggest the absence of a quorum. party he or she will be from. But we do recently elected to make that nomina- The PRESIDING OFFICER. The know that when they are elected and tion and allow the newest Senate to clerk will call the roll. sworn in January of next year, they make the confirmation and do what is The senior assistant legislative clerk will be the President of the United right for the American people. proceeded to call the roll. States most contemporarily appointed This is not a Republican or Demo- Mr. ISAKSON. Mr. President, I ask and elected by the people of the United cratic thing. I respect my colleagues on unanimous consent that the order for States of America. both sides of the aisle. We have all the quorum call be rescinded. The Supreme Court is the ultimate made the same statements. It would The PRESIDING OFFICER. Without arbitrator of what the executive and just depend on whether it was our objection, it is so ordered. legislative branches do. It is only ap- President or the other guy’s President, Mr. ISAKSON. Mr. President, I ask whether it was our Senate or the other unanimous consent to address the Sen- propriate that the Supreme Court ma- jority, as it is cast, be made up of nine guy’s Senate. ate as in morning business. In fact, I will close my remarks by The PRESIDING OFFICER. Without people, five of whom are in the major- again quoting my friend objection, it is so ordered. ity, who were appointed freely and without political influence, judged for from the same speech he made on June FILLING THE SUPREME COURT VACANCY 25, 1992. He said: ‘‘Others may fret that Mr. ISAKSON. Mr. President, I am their best political and legal acumen and in the best interest of the country. this approach would leave the court not a lawyer. I am a politician. I was a with only eight members for some businessman before I was elected to the I don’t think going to the current President, Mr. Obama, who is in the time, but as I see it, the cost of such a Senate. I watched with interest the de- result . . . [is] quite minor compared to bates since the death of Antonin Scalia last year of his term, and getting him to make an appointment that will only the cost that a nominee, the President, about what the Senate and country the Senate, and the Nation would have should do in terms of filling its va- last a few months of his last year in of- fice is the right way to go. to pay for what would assuredly be a cancy, in terms of its timing. bitter fight, no matter how good a per- The Constitution tells us what to do. I think we need to say the following: son is nominated by the President.’’ The Constitution tells us that the The President of the United States who President shall make an appointment, is elected this November and sworn in Vice President BIDEN made that or a nomination, to fill that vacancy next January will be the President of statement when he was a Senator and and the Senate shall offer its advice all the people most contemporarily faced the same situation that we face and consent. There is no deadline or voted by the people of America. That is today. He was smart and wise beyond trigger date. There are no other rules the President who should make the his years. He said: It is best to look to or guidelines. nomination, and that is the Senate the future for the appointment, the There have been a lot of historic de- that should make the confirmation. next President for the nomination, and bates on both sides of the aisle over I urge my colleagues who argued the next Senate for the confirmation whether or not a nomination for a Su- about going ahead and moving forth- and look to the future of the of the preme Court justice should be named in rightly and quickly on filling Antonin Court, because it is the Supreme the last year of a Presidency. Interest- Scalia’s seat to think about this. Next Court—many times on a vote of 5 to 4— ingly enough, if you read the history, year the Senate will be a new Senate. that will decide the fate of legislative sometimes it is the Republicans saying It won’t be this Senate. Many of us are and executive action. It is only right they shouldn’t do it and sometimes it up for reelection. I may not be here. I that we have the best and most is the Democrats. In fact, if you really don’t know who will be here. I am try- contemporarily appointed Court that go back and look, we have all said the ing. I don’t know who will be here. I we could possibly have, and the only same thing. It would just depend on want to get here, but I don’t know if I way to do that is to make sure that the whose ox was getting gored in the poli- will be here. next President makes the appointment. tics of a particular day. We don’t know who the President I underscore what I said at the begin- I love JOE BIDEN. He is a personal will be. Each of us, Republicans and ning. It is not a Republican or Demo- friend of mine and a great Vice Presi- Democrats, have our pick. We hope it cratic thing. It is a political thing. We dent of the United States. I served with is our President. We hope it is the man are all politicians and creatures to our him in the Senate and on the Foreign or woman we want, but we don’t know politics. All of us have said the same Relations Committee, which the Pre- that. But we do know that on the first thing. It would just depend on who was siding Officer serves on today. Tuesday in November, we will elect a in charge at the time as to whether we I did a little research on what JOE new President. In January, that Presi- spoke like JOE BIDEN as a Republican had to say because I appreciate his wis- dent will be sworn in, and it will be his or spoke like JOE BIDEN as a Democrat.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.066 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1213 I commend Antonin Scalia for being need to leave their jobs and their chil- of the continuing litigation, the costs a great servant to the American peo- dren for days, if women have no access of lawsuits, and the time-consuming ple. He was a great jurist, a great writ- to those rights, they are unreal for contention and controversy that arises er, and a great judge. He will be them. That is the net fact of the law from it. missed. that is underchallenged in the case be- The arbitrary and arcane restrictions Somewhere out there in America fore the U.S. Supreme Court, Whole imposed by the Texas law concerning today, there is another Antonin Scalia Woman’s Health v. Hellerstedt. That admitting privilege requirements and just waiting to be nominated and con- law, HB2, in effect, so restricts the building specifications are unrelated to firmed by the Senate. I don’t know who availability of reproductive rights in health and safety and clearly create an it is, but I know this: I want them to be practical, real terms as to place an in- undue burden on women’s right to found by the next President of the surmountable burden for many women choose. That is the legal principle, the United States elected this November on the exercise of those rights. Those core tenant that needs to be upheld by and confirmed next January by this rights are prevented from being real for the U.S. Supreme Court. Senate. That is the right person. That them, for countless others, and they I joined with a number of my col- is the right way, and I submit that is will be put out of reach for countless leagues, and in fact led the amicus the way I recommend we do it. women across the country if this law is brief to the Supreme Court, which I yield back the remainder of my not struck down. urges them to reach the right result time. That is what we are asking the Su- and strike down this law. My hope is I suggest the absence of a quorum. preme Court to do: to strike down this that the outcome will not only be right The PRESIDING OFFICER. The law that under the pretense of pro- for Texas and the women of Texas—and clerk will call the roll. tecting women’s health, imposes re- the people of Texas because the right of The legislative clerk proceeded to strictions that deny rights, rights to privacy is not guaranteed only to call the roll. privacy that are basic to the human women, it is to men, and the decisions Mr. BLUMENTHAL. Mr. President, I condition. They are constitutional that women make affect families and ask unanimous consent that the order rights, but nothing is more basic than children as well as their spouses. I hope for the quorum call be rescinded. the right to control your own body. the Supreme Court finally does what The PRESIDING OFFICER (Mr. LEE). Nothing is more essential than protec- Roe v. Wade was thought to do in clear, Without objection, it is so ordered. tion of rights to decide when to have a bright-line text that will prevent WOMEN’S HEALTH PROTECTION ACT child. These issues of control over one’s States from intruding with these pre- Mr. BLUMENTHAL. Mr. President, body involve control over one’s faith, tense, ruse laws, supposedly protecting earlier today I joined a number of my rights of privacy, and power to make health when, in fact, all they do is re- colleagues outside the Supreme Court basic life decisions. strict the right to privacy. to work with advocates who were gath- That is what it means to have a right I am proud to join with my col- ered there, thousands of people, includ- to privacy. It is the right to be left leagues in fighting these attacks on ing many young people. Looking into alone—as one of our Supreme Court women’s health care. But I hope that their faces, I realized that for them Justices said, the right to be left alone the clerks, as I once was, in the Su- Roe v. Wade is history, but my mind from unwarranted and unnecessary preme Court will look from those win- went back to 1974, the year after Roe v. government intrusion. The Supreme dows today and think to themselves Wade, when I was a law clerk to Jus- Court will have to make a judgment that this case will, in fact, finally set- tice Blackmun. I heard similar voices about whether the burden placed on tle these issues, finally give women the from the serene, contemplative cham- that right is justified by this supposed assurance and security they need. bers of Justice Blackmun and thought protection of women’s health. There is no need to keep returning then—in fact all of us thought then— Anybody familiar with this case and relitigating these issues. There is that Roe v. Wade would settle for all knows that supposed reason for these no need for this body to consume time time, at least for the next decades, the laws that require many privileges for and energy on defunding Planned Par- reproductive rights of women in the doctors or particular widths of hall- enthood. There is no need for these United States of America, and we were ways in clinics is a ruse, a pretense, in kinds of repeated battles over rights wrong. We were wrong that the law fact, a falsehood. that should be secure and unchallenge- would be settled, that rights would be My view is the outcome should be able in 21st Century America. Rehash- protected, that Roe would be accepted, clear in this deliberative battle before ing this fight simply costs us in time and that privacy would become en- the Court, but the ramifications, the and other precious commodities that shrined as a matter of constitutional practical impacts, are severe for those we should be spending on jobs, eco- law or at least accepted politically. We women in Texas who would have no ac- nomic progress, veterans, national se- were wrong. cess to reproductive health care, and curity, investment in infrastructure, Today, in a historic case, the U.S. for women around the country because investment in our human capital, and Supreme Court heard arguments on a the simple stark fact is, since 2011, college affordability. All of the present challenge to the basic fundamental State legislatures have enacted 288 issues—those and others of this day— right of privacy with practical implica- laws like the one in Texas, designed to are what should occupy us on this floor tions that will alter the lives of women restrict access to reproductive rights. and occupy the country as we move in Texas, where the case rose, and We are not talking about a situation forward, hopefully guaranteeing that throughout the country. limited to Texas. In State after State, the rights in Roe will be real for every I know firsthand from my experience legislature after legislature, these American woman. as a law clerk, but even more so in the rights would be restricted by similar Thank you, Mr. President. decades since as an advocate for repro- laws. I yield the floor. ductive rights and women’s health That is the reason I have introduced I suggest the absence of a quorum. care, as U.S. attorney, as a member of the Women’s Health Protection Act, to The PRESIDING OFFICER. The the Connecticut General Assembly, stop this invasion—it is truly an inva- clerk will call the roll. first as a member of the House and sion—of women’s reproductive rights. The legislative clerk proceeded to then in the State Senate, and as our The measure I have introduced would, call the roll. State attorney general, working and in effect, strike down such measures, Mr. MANCHIN. Mr. President, I ask fighting to enshrine in State law the prevent them, so as to reduce, and unanimous consent that the order for rights protected by Roe v. Wade and hopefully even eliminate, the cost and the quorum call be dispensed with. then protect them from physical threat the time required for litigation chal- The PRESIDING OFFICER. Without and intrusion at the clinics where lenging them in State after State, like objection, it is so ordered. those rights were made real. what happened in Texas where women Mr. MANCHIN. Mr. President, I rise Those rights mean nothing if they have been denied the certain assurance, today to speak in support of the Com- are unprotected. If women need to the basic security of knowing that this prehensive Addiction and Recovery Act travel hundreds of miles, if women care will be available to them, because of 2015, which is bipartisan, I might

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.067 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1214 CONGRESSIONAL RECORD — SENATE March 2, 2016 add, and to discuss several amend- these dangerous drugs and cannot advice of your experts and why you ments that I have submitted. waiver from their stated goals. even subvert and basically pay no at- Mr. President, our country is facing a The language in my amendment is tention. prescription drug epidemic, and today similar to the language in the FDA’s The FDA plays a critical role in ad- is a good step toward addressing this current mission statement regarding dressing the opiate epidemic as the crisis. This is a crisis I have been deal- tobacco, and we all know the dev- agency overseeing the approval of ing with since my days as of astating effects of tobacco. The mis- these drugs. Under the FDA’s own the great State of West Virginia. sion statement says simply this: ‘‘FDA rules, they are supposed to convene a Opioid abuse is ravaging my State of also has the responsibility for regu- committee of scientific experts when a West Virginia and many other States. I lating the manufacturing, marketing, matter is of significant public interest, know the Presiding Officer has the and distribution of tobacco products to highly controversial, or in need of a same problem in Utah. Our State has protect the public health and to reduce specific type of expertise. With 51 peo- been hit harder than any other State in tobacco use by minors.’’ ple dying every day in the country the country. Drug overdose deaths If we think it is that serious that we from an overdose of prescription opi- have soared more than 700 percent put this in the mission statement for ates, it is clear that the approval of since 1999. We lost 627 West Virginians tobacco, why can’t we do it for opiates? opiates meets every one of these stand- to opioids last year alone. Mr. Presi- Tobacco kills hundreds of thousands of ards and that the FDA should seek the dent, 61,000 West Virginians used pre- Americans every year, and we have counsel of its expert panel and adhere scription pain medication for nonmed- rightly recognized this as a public to its recommendations with regard to ical purposes in 2014. This includes 6,000 health crisis. However, opiates killed approving dangerously addictive teenagers. Our State is not unique. more than 18,000 people just by the end opioids. Every day in our country, 51 Americans of 2014. That is 51 people every day. Unfortunately, this hasn’t happened. die from opioid abuse. Since 1999 we This, too, is a public health crisis. It is It truly hasn’t happened. Let me give have lost almost 200,000 Americans to absolutely ridiculous that the FDA has an example. It took us 3 years just to prescription opioid abuse. treated opiates like any other drug up get rescheduled from a schedule III to a The fact that we have with the bill in for approval. Schedule II all opiates—Zohydro, front of us is simply this: It is an im- To date, the agency has failed to con- Vicodin. These are the most widely portant first step. It will authorize sider the devastating public health im- prescribed opiates. It took us 3 years, $77.9 million in grant funding for pre- pact of their repeated decisions to ap- which what should have been a 3-week vention and recovery efforts, which we prove dangerously addictive opiates. turnaround. need, and expand prevention and edu- We have seen that in their resistance The week after they even approved cation efforts particularly aimed at to rescheduling hydrocodone, their ap- the taking down of these drugs from a teens, parents and other caretakers, proval of Zohydro against the advice of schedule III to a schedule II, which and aging populations. It will also pre- their own advisory committee, and took over 1 billion pills off the market, vent the abuse of opioids and heroin their refusal to consult an advisory they came right back and they rec- and promote treatment and recovery. committee on other dangerous opioid ommended a drug called Zohydro. This It will expand the availability of approvals, including their decision to is a drug that their expert panel had naloxone to law enforcement agencies allow the use of OxyContin in children basically advised 11 to 2 not to put on and other first responders to help in as young as 11 years old. Opioids are the market. They failed to seek their the reversal of overdoses to save lives. simply different from many types of council’s advice on the concerns with It will expand disposal sites for un- drugs the FDA oversees. As I noted be- the safety of this drug. wanted medication to keep them out of fore, they have killed almost 200,000 Since that time, three new extended- the hands of our children and adoles- people since 1999 and have ruined the release opioid medications—Targiniq, cents. It will also launch an evidence- lives of countless others. Hysingla, and Morphabond—have been based opioid and heroin treatment and The FDA must be held accountable approved without any advisory com- intervention program to expand best for their actions. Like our efforts to mittee meeting at all. Let me give my practices throughout the country. It protect the public—particularly chil- reasoning on why I think this hap- will strengthen prescription drug moni- dren—from the dangers of tobacco, the pened. There was so much pushback on toring programs to help States monitor U.S. Congress must take action to en- Zohydro from the Governors, Senators, and track prescription drug diversion. sure that the FDA does, in fact, do and Congress people for putting this While the bill is a good start and ad- what it has promised to do and take high-powered drug on the market dresses critical problems, there is more the devastating public health impact of against the advice of their own council that needs to be done. I have a few opiate addiction into account when ap- that they didn’t want to go through amendments I want to speak about and proving new drugs. It is putting it on that again, so basically they just explain that I think will improve the par with tobacco, that is all. In a mis- skipped it altogether and brought these bill by changing the FDA mission sion statement, one has more responsi- drugs right to market. They also ap- statement, providing grants for con- bility than just passing it through as a proved OxyContin for use in children as sumer education, and requiring pre- business plan. young as 11, again without seeking the scription prescriber training. My second amendment also relates to advice of a pediatric advisory com- First of all, I firmly believe we need the critical role the FDA plays in ad- mittee. This is a dangerous precedent cultural change at the FDA. That is dressing the opiate epidemic. It would and must stop. why I submitted the Changing the Cul- require the FDA to seek the advice of I am encouraged that in the FDA’s ture of the FDA Act as an amendment its advisory committee before approv- recent announcement on opioid approv- to this bill. This amendment would ing any new opiate medication. These als, the FDA has finally agreed that strengthen the actions that the FDA are experts, scientists, people who the approval of these powerful drugs recently announced that they were know the makeup and composites of must be subject to an advisory com- committed to taking into consider- these chemicals and what they do to mittee. I am very concerned, however, ation the public health impact of ap- human beings. If the FDA approves a that the FDA will continue to exempt proving opioid medications. Mind you, drug against the advice of the advisory abuse-deterrent opioids from this proc- what they said is that they were com- committee—that means if they do not ess and has not promised to abide by mitted to taking it into consideration. take the recommendation by their own the advice. They said they will take it I don’t think that is much of a change, experts and they wish to put this drug under consideration. They are not and it is definitely not a cultural on the market—the agency would be bound to take the advice of the advi- change. It is a movement in the right required to submit a report to us, the sory committee. direction, which I acknowledge. By so- people’s representatives, the Congress, While abuse-deterrent formulations, lidifying this commitment in the agen- justifying that decision. The approval which are harder to crush or liquify, cy’s mission statement, we ensure that will be delayed until the report is sub- have a role to play in reducing the im- the agency oversees the approval of mitted. Tell us why you won’t take the pact of this epidemic, these drugs are

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.069 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1215 no less addictive than traditional opi- cent increase in the number of pre- extended family or a close friend—who ates. In addition, in the real world, we scriptions since 1999. In a little over a has been affected, but we say nothing. have seen these so-called abuse-deter- decade, there has been a 400-percent in- Use and abuse of prescription drugs rent properties easily overcome. The crease, and we are pumping out more cost the country an estimated $53.4 bil- tragic HIV outbreak we saw in Scott pills, thinking this is going to cure lion a year in lost productivity. These County, IN, last year occurred after America. This is without a cor- are people who can’t function, who hundreds of people in that community responding increase in reported pain. can’t work, and are basically drawing shared needles to shoot up Opana. They They are not complaining any more off of their unemployment or off of used the same needle to shoot up about pain; they are just getting more their insurance. Opana—something that should have pills. But it has come with a cor- Medical costs and criminal justice not been possible if it were truly abuse- responding 400-percent increase in costs—you name it. You talk to any deterrent. overdose deaths. So if overdose deaths law enforcement anywhere in the This amendment would solidify the are related to the increase of pills on United States of America and they will FDA’s commitment to seek the advice the market, don’t you think we ought all tell you a minimum of 80 percent of of an advisory committee when approv- to do something about it? It is pretty the crimes that are reported that they ing opioid medications and would simple. have to go and serve are drug related— strengthen it by extending that com- I have too many stories from my con- 80 percent. So the cost is probably even mitment to all opioids and by holding stituents that they receive signifi- higher than that. the FDA accountable. The FDA does cantly more pain medication than they This amendment provides $15 million not listen to its own experts. This is need to treat their pain, and those a year to help prevent these costs in such a reasonable request and such a extra pills increase the risk of addic- the first place. It makes sense. That is reasonable amendment to protect all tion for individuals and are dangerous $15 million. OK, you are going to say: the people in all of our States. It is a for society if diverted. Someone can Oh, that is a lot of money. commonsense measure that would en- get their teeth worked on, get their Let me just tell say that as a society sure that the FDA is fully considering teeth extracted, and they will get 30 we regularly invest in efforts to pre- the public health impact and the many days of pain pills when they may only vent unnecessary deaths. We already lives lost as a result of these dangerous need them for 1 or 2 days. It is ridicu- have done that, and we continue to do opioid medications. lous. that. Thirty thousand people died in Another amendment I have is on I hear from physicians themselves car accidents in 2013, and we invested mandatory prescriber education. This that they do not receive enough train- $668 million in motor vehicle safety epidemic is one that needs to be fought ing. These are doctors telling us it is and accident prevention. That is more on all fronts, but most importantly, we not in their basic education as they go than $22,000 per death that we have in- need to fight it on the frontlines with through medical school—prescribing vested trying to prevent people from prescribers, which is precisely what my these drugs—or even after they leave getting killed in automobile accidents, third amendment seeks to do. It re- medical school. There is no continuing driving safely, DUI, everything. With quires medical practitioners, our doc- education demanded about this. Until 28,000 people dying of prescription tors—the people we trust—it basically we ensure that every prescriber has a opioid or heroin overdose in 2014, this requires them to receive training. You strong understanding of the state of $15 million funding represents an in- would think they are getting training opiate prescribing practices and the vestment of $500 per person for a life on this now, but they are not. There is very great risk of opiate addiction, that we could save. We spend $22,000 no specific training, going through abuse, and overdose deaths, we will trying to prevent accidents in auto- school or at any other time, on the safe continue to see too many people pre- mobiles. prescribing of opiates prior to receiv- scribed these dangerous drugs which As to opiates, all we are asking for is ing and renewing their DEA license to can lead them down the tragic path of a $500 investment to save their lives. prescribe a controlled substance. That addiction. We have to put our priorities where our is all we are saying. This training must Finally, we must improve our con- values are, and we can do that. The include information on safe opioid pre- sumer education efforts. My fourth grants that would be authorized under scribing guidelines, the risks of over- amendment would establish consumer this amendment would help those on prescribing opioid medication, pain education grants through SAMHSA to the frontlines of this terrible epidemic management, early detection of opiate raise awareness about the risks of opi- to provide their communities with the addiction, and the treatment of opiate- ate addiction and overdose. There are information they need to help stop the dependent patients. This is something 2.1 million Americans addicted to opi- spread of opioid addiction and to help only the doctors can do. These are the ates. Many of these individuals began people seek treatment. This funding people writing on their prescription the road to addiction with a seemingly will better enable us to educate indi- pads, sending them to the pharmacists, innocent prescription and little or no viduals about the dangers of opioid and fulfilling all of our prescriptions. warning about the danger from a physi- abuse. We are asking for them to have that cian. They weren’t told they could be There are practices to prevent opioid type of required training when they get addicted. They weren’t told they would abuse, including the safe disposal of their DEA license and renew their DEA be hooked and it would change their unused medication and how to detect license. life forever. Or it began when a friend the warnings of early addiction. I This must be fought on all fronts, but offered a pill that they thought would venture to say that most people most importantly we need to fight it couldn’t be that dangerous because a do not know how to look at their chil- on the frontlines with the prescribers. doctor had given it to them: Here, I dren and know that there is a chance According to the National Institutes of have got something that will help you. that they may get addicted or are get- Health, more than 259 million prescrip- Try this. ting addicted. It is sometimes too late. tions were written in 2012. Think about And they get started. There is simply It will help us save lives by raising that—259 million prescriptions were too little understanding about the dan- awareness about the dangers of pre- written in 2012 just in the United gers of these drugs, and too many get scription opioid medications to prevent States for opiate painkillers. That sucked into opioid addiction because opioid addiction in the first place and equals one bottle of pain pills for every they don’t understand the risk and be- ensuring that loved ones know how to adult in the United States of America. cause the people close to them don’t help when a friend or family member We are the most addicted country on know how to recognize the signs of ad- becomes addicted. planet Earth. With a population of less diction or know how to access the re- This amendment that we are asking than 5 percent of us living in this great sources to help their loved ones. for, this amendment that I am asking country of ours, we consume 80 percent It is the silent killer. It is the one we for is one that really makes sense. If of the opiates produced in the world. all keep quiet—every one of us. Every we can’t educate the public, then we The other 6.7 billion people don’t use one of us in America knows some- have little chance of ever curing this what we use. Why? That is a 400-per- body—either in our immediate family, epidemic.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.073 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1216 CONGRESSIONAL RECORD — SENATE March 2, 2016 We have had a lot of talk about the and dear to our States and to the peo- am not asking for any other program funds and how much money we are ple in our States is having trouble. I to be sacrificed at all. So I think this spending. We just had a final amend- am not asking to take away from an- is responsible. This one penny. That is ment that I would like to address, as other one. I am asking that this one all I am asking for—one penny. there is a great need for funding to pay penny per milligram of opioids that are I am pleased the Senate is addressing for substance abuse treatment. produced in this country would give us this epidemic. It is in a bipartisan way. Well, I strongly agree with my col- permanent funding to start having the We have the CARA package in front of leagues who supported Senator SHA- treatment centers that we so des- us. I appreciate that, and I know we all HEEN’s amendment to provide $600 mil- perately need. I don’t know of any have a great passion for trying to cure lion in funding, which we desperately other way to do it in a more compas- this. need to support Federal programs that sionate way. We do it for cigarettes; we This is how we need to work to solve work to prevent opioid abuse and pro- do it for alcohol. We have opiates kill- the major challenges in our country vide much needed treatment. ing more than all of that. I am just that face us. I am pleased to see we are If you look at the amount of money asking for that dialog, that consider- going through regular order. We have it is costing now for incarceration, all ation. It could be something of a bipar- amendments that we are able to put on the lost time, all of the drug-related tisan movement, because this silent and talk about. I think it is worthy to crimes that have been committed, it killer—opiates—doesn’t have a par- have these discussions. We must pro- would have been an investment well tisan home. It is not Democratic. It is vide the critical resources needed, and made, but I know there are people who not Republican. It is not Independent. I think we have a solution to that. I believe differently. It is killing Americans—all of us. hope we can have that discussion. I In 2014, 42,000 West Virginians, in- The substance abuse prevention and hope all of us can have an adult discus- cluding 4,000 youths, sought treatment treatment block grant goes to the sion about how we save Americans, for illegal drug use but failed to receive States to pay for critical substance how we save our families, our children, it. There was no place to get it. In your abuse treatment programs. The new and the next generations to come. State and my State people are looking. funding raised, which is based on past I look forward to working with all of Sometimes they are looking for this, opiate sales—I am basing it on past my colleagues and with you to see if there is a better way we can strengthen and there is no place to put them. If opiate sales—could be anywhere be- and make a piece of legislation better you have day courts or drug courts in tween $1.5 billion to $2 billion a year, your State, they will tell you: We have than what it is. and all the States will be able to par- I yield the floor. no place to put them. There is no place ticipate. Every State would participate The PRESIDING OFFICER. The Sen- to get the treatment to cure a person in these moneys that would be avail- ator from Ohio. who truly is looking for a cure. This is able. They could be used by States to Mr. BROWN. Mr. President, I appre- just unacceptable. There are people establish new addiction treatment fa- ciate the comments from my friend who recognize that they need it, and cilities, to improve access to drug from West Virginia and his work on they beg for it. They have been turned courts, to operate support programs for this issue that has hit West Virginia away because there simply weren’t recovering addicts, to care for babies and, particularly, southeast Ohio kind enough facilities, beds or health care born with neonatal abstinence syn- of first and hardest. But it has spread providers in their community. drome or to meet any other treatment to so many other places and caused so But we spend money every year need that your State or my State much heartache and so much family building new prisons all over the coun- might face. These treatments save disruption—not just for the young men try. We have a backlog, and we have an lives and strengthened communities. or women, in the case of young people overcrowding prison population. We We are losing a generation, a whole who are addicted, but the whole family. know from long experience that when a generation. As one mother of a teenager said to me person asks for help, that is our oppor- Opioid producers have made billions in Youngstown, OH, or in Warren, OH, tunity. If we turn them away, they will of dollars selling their drugs over the one day, this is really a family affair. never come back. They just don’t when past several decades. I am not here I am pleased to see bipartisan sup- they are turned away. That is why I railing against the pharmaceuticals. port for finally tackling the opioid ad- wish to introduce this amendment, and They do a lot of good for our country diction epidemic. It has touched every I would like a very vigorous discussion and save a lot of lives too. This is one State and almost every community in on it. that doesn’t, and this one has been our country. In 2014, more people died We have tobacco, which we know is proven that it is a killer. from drug overdoses than any year on very dangerous and kills people. It is This amendment asks them to con- record, with 2,482 in Ohio. That is a harmful, and we spend a lot of money tribute a small portion of their profits record number of prescription drug trying to prevent people from using it to help pay for this treatment. Every- overdoses and a record 1,177 overdoses and young people from starting to use one says: They are going to pass it on. related to heroin. People often start it. We even tax it. We tax it so that ba- Don’t worry; you will be paying more. with pain medication, sometimes over- sically we can deter the use of it. This is one time, one penny—one penny prescribed prescription medicine that We have alcohol. We know alcohol a milligram. That is all we are asking. will, in far too many cases, lead to her- can be very addictive and, basically, it For the 2.1 million Americans who oin addiction. Heroin is cheaper to buy ruins people’s lives. We know that and are addicted to their products, my on the street than for people to get we tax that. We have nothing on amendment also provides exemptions. I OxyContin or oxycodone or Percocet or opioids—nothing. am talking about the exemptions now any number of legal morphine pain What we are asking for is consider- because I know people are going to say: medications. ation of a 1-cent fee on every milligram What about our veterans? What about These numbers mean that in 1 year of opiates that are produced—one those in severe chronic pain? What alone, 2,500 Ohioan families lost a loved penny per milligram. This fee would be about those who are terminally ill? one to addiction. What those numbers levied on the pharmaceutical company, We have, basically, exemptions built don’t account for are the thousands of and the money raised will be used to into this amendment for those people, other families and hundreds of other create a permanent funding stream to so they are not put into hardship, and communities that continue to struggle strengthen the substance abuse preven- for the neediest in our country. They with opioid abuse. It should not be tion and treatment block grant. are not going to be put in a hardship. easier for Americans to get their hands I know so many people have taken a This is a cost that if we look at it, I on opioids than it is for them to get pledge: We are not going to pass any don’t know of any other way to fix it. help to treat their addiction. It should new taxes. I really don’t. I know people have not be easier for Americans to get their I understand that. We are really at a taken pledges: We are not going to do hands on opioids than it is to get help crunch. We basically have cut back, this, not going to do that, not going to to treat their addiction. and our military is struggling. Every consider it. Well, you ought to consider Addiction is not an individual prob- part of a program that we think is near the damage that is doing to America. I lem. It surely is not a character flaw,

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.074 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1217 as many people half a generation ago The amendment will ensure that a wealthy people, and they can afford liked to say when it was people who small number of seniors who receive continuing to pump money into expen- didn’t look like them. But the fact is it high doses of addictive opioids from sive weapons systems, but they will was not a character flaw then and it is multiple doctors get those painkillers not spend money to address probably not a character flaw now. It is a chron- from one doctor and one pharmacist. It the most serious public health crisis we ic disease. is what we did on so-called Medicaid have seen in this country in years. When left untreated, it places a mas- lock-in—for people who were abusing Once again, I say that it should not sive burden on our health care system the system on purpose or more likely be easier for Americans to get their and a terrible, terrible cost on families those who sort of fell into this trap and hands on opioids than it is to get help who have an addicted family member. went from doctor to doctor, pharmacist to treat their addiction. This Senate When we think about this epidemic, we to pharmacist, in some sense doctor should get serious about this. We have in our minds a young worker who shopping or pharmacy shopping—so should pass this bill, to be sure, but turned to painkillers after a back in- that practice would end. We have done there is so much else. I am distressed jury or a car accident, someone who the same sort of thing now with so- my colleagues chose not to step up to started with oxycodone—maybe as a called Medicare lock-in. It would save the plate and do what deep down they party drug—and then turned to heroin. taxpayers $100 million over the next know we should do. This problem is bigger than that. decade. It will reduce overprescribing, VOTE EXPLANATION Our national conversation forgets the and it will crack down on fraud. Mr. REID. Mr. President, earlier hundreds of thousands of seniors who I am pleased we have bipartisan sup- today, I missed the vote on the Sha- often are given unsafe and duplicative port for this commonsense measure, heen amendment No. 3345. If I had prescriptions for opioids. It is not un- but this amendment and this bill are a voted, I would have voted yea. common for seniors to be treated by step. We need a comprehensive ap- (At the request of Mr. REID, the fol- multiple specialists and physicians. proach that addresses the entire spec- lowing statement was ordered to be Doctors may not know they are pre- trum of addiction from crisis to recov- printed in the RECORD.) scribing duplicative painkillers, mean- ery. I have introduced the Heroin and ∑ Mrs. MCCASKILL. Mr. President, I ing this doctor prescribed a pain- Prescription Drug Abuse Prevention was necessarily absent for today’s killer—maybe oxycodone or OxyContin and Reduction Act. It will boost pre- amendment votes in relation to S. 524, or Vicodin or another—and this other vention efforts, it will improve tools the Comprehensive Addiction and Re- doctor may have done the same thing. for crisis response, it will expand ac- covery Act of 2015. They weren’t communicating, and cess to treatment, and it will provide On amendment No. 3362 by Senator didn’t know. Seniors find it difficult to support for lifelong recovery. FEINSTEIN, I would have voted yea. manage all of their different prescrip- Addiction is chronic. It doesn’t mean tions far too often. that when somebody overcomes their On the motion to waive the Budget Take, for example, Ohioan Dennis addiction and seems to defeat it, it Act with respect to amendment No. Michelson. I met him at the Benjamin won’t come back later in life. If we are 3395 by Senator WYDEN, I would have Rose Institute on Aging in Cleveland serious about fighting this epidemic, voted yea. last August. He is one of the estimated we have to make sure we provide a se- On the motion to waive the Budget 170,000 Medicare beneficiaries who re- rious investment that will deliver re- Act with respect to amendment No. cently battled an addiction to pain sults long term. 3345 by Senator SHAHEEN, I would have ∑ medication. My colleagues, Senator SHAHEEN of voted yea. He was prescribed pain medication by New Hampshire and Senator WHITE- Mrs. FEINSTEIN. Mr. President, his doctor to manage chronic mi- HOUSE of Rhode Island, introduced an today I wish to join my colleagues in graines. When his primary care doctor amendment that would have provided supporting the Comprehensive Addic- sought to wean him off the medication, $600 million to fight this epidemic. It tion and Recovery Act. he went to other doctors and phar- would have gone directly to public This bipartisan legislation takes a macists to obtain those opioids. He was health workers, directly to law en- strong and balanced approach to tack- eventually arrested and charged with forcement officials who are working on ling the prescription drug and heroin felonies for tampering with prescrip- the frontlines of this battle every day. epidemic our Nation faces, and I am tions. He has since recovered. He is It would have shown constituents we proud to be a cosponsor. now an advocate for reform to address are serious about addressing this crisis. I would like to note the hard work by the prescription drug epidemic. I was disappointed this body was un- many of my colleagues and their After hearing his story, it strikes me willing and unable to find the money staffs—Senators WHITEHOUSE, AYOTTE, that if a patient with legitimate and necessary to address these problems. COONS, KIRK, KLOBUCHAR, and sometimes complex medical needs This legislation is a good bill. Without PORTMAN. Their States have been espe- winds up getting pain medication from the money, it is a good bill, but it is cially hard hit by this epidemic, and several different doctors—you could see really only half a good bill because my this bill would help alleviate some of how that would happen; none of those colleagues are simply unwilling— the suffering. doctors know about one another—the maybe it is the tea party influence, We are all well aware of the sobering system has failed the patient. maybe they are afraid of a Republican statistics. Drug overdoses kill more It is why I worked with Senator rightwing primary, whatever it is—to than 120 Americans each day—more TOOMEY from Pennsylvania to intro- ante up the dollars that would fully than motor vehicle crashes or gunshot duce the Stopping Medication Abuse help us deal with this epidemic. We wounds. Opioid and heroin overdoses and Protecting Seniors Act. I was can’t do this without an investment. account for more than half of these proud to see this body support it as an I met with a number of tuberculosis deaths. According to the Centers for amendment today. We already have a experts in my office today. We have Disease Control and Prevention, in proven tool to address the problem of been successful in this country with 2014, 25,760 people died from prescrip- patients getting duplicative opioids eliminating smallpox, eliminating tion drugs, and of that, 18,893 deaths from multiple doctors and pharmacists. polio, and keeping Ebola from being were caused by opioid painkillers. Her- It is called Patient Review & Restric- contracted in the United States and oin caused an additional 10,574 deaths. tion Programs. But despite their suc- killing any Americans. We have done These numbers have continually in- cess in State Medicaid programs and all of that because we invested in a creased over the past 15 years, and commercial plans, these programs public health system. We can’t address today we are in the midst of an epi- aren’t available in Medicare prescrip- this opioid epidemic without dollars. demic. That is why we need this bill. tions under current law. That is the Yet my colleagues will simply always We need a comprehensive response to a purpose of the Toomey-Brown amend- back off and say: Well, we can’t afford problem that has touched every State ment and what we are trying to fix. to do this. They can afford tax cuts for of our country.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.076 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1218 CONGRESSIONAL RECORD — SENATE March 2, 2016 The Comprehensive Addiction and filled, as well as the number of days per The pain and sorrow of drug addic- Recovery Act strengthens our sub- prescription, both increased. tion knows no limits. This is a tragedy stance abuse prevention, treatment, re- All of this shows there are simply too that impacts families from all back- covery, and law enforcement infra- many pills available for diversion and grounds, including our servicemembers structure. While it focuses on prescrip- abuse, and I believe better prescribing and veterans. There is substantial evi- tion opioid abuse and heroin use, it practices can play an important role in dence that prescription drug use and also has the potential to help other reducing excess supply. abuse is a major contributing factor to drug problems that we face. Specifi- Our doctors and health care providers military and veteran suicides. This has cally, it authorizes a number of pro- must improve the way they prescribe been a concern of mine for several grams to: ensure access to appropriate, these opioids, to ensure safe and effec- years, and I was proud to work with my evidence-based medical treatment; ad- tive pain relief, but also to prevent colleagues in 2013 to ensure that mili- dress local and emerging drug threats misuse and overdose. At the same time, tary and veterans hospitals were in- and trends; equip first responders with we must also maintain appropriate ac- cluded in the Drug Enforcement Ad- lifesaving tools, such as Naloxone, an cess for legitimate medical needs. ministration’s prescription drug opioid overdose-reversal drug; and Updated guidelines, such as those the takeback efforts so that our military strengthen prescription drug moni- Centers for Disease Control and Pre- personnel, veterans, and their families toring programs to reduce overpre- vention will soon release, will help im- could voluntarily dispose of unwanted scribing, doctor shopping, and ulti- prove prescribing practices. Increased or unused prescription drugs. mately overdose deaths. The bill also prescriber education can also help. However, much more must be done to I am also looking into the possibility establishes an interagency task force combat this epidemic. To address this of responsibly regulating initial opioid on pain management and opioid pain- emergency fully and effectively, we prescriptions to reduce risk for misuse, need to provide immediate funding to killer prescribing. The overprescription addiction, and diversion. In my view, a and overuse of these drugs are a major the key grant programs included in the patient who has a simple dental proce- Comprehensive Addiction and Recov- factor in this epidemic. dure does not need a 30-day supply of Lastly, to examine ways to improve ery Act, CARA. I applaud Senator SHA- Vicodin. This is the type of prescribing access to drug treatment, the bill re- HEEN and Senator WHITEHOUSE for in- that I believe we need to fix. Second, a quires a Government Accountability troducing an amendment to give the bill like this can only have a positive Department of Justice, DOJ, and the Office study on the 16-bed limit for impact if its programs are actually Medicaid reimbursement to drug treat- Department of Health and Human funded. Services, HHS, the tools they need to ment programs, also known as the In- My colleague from New Hampshire, fund the essential prevention, treat- stitutions for Mental Disease exclu- Senator SHAHEEN, has introduced an ment, and law enforcement programs sion. amendment that would provide emer- The holistic nature of this bill is a gency funding for the programs author- to help the families and communities clear step in the right direction. It also ized in this bill, and I urge its passage. torn apart by drug abuse. supports the administration’s efforts to I do not need to tell you that opioid American lives are on the line, and confront this epidemic and can help ac- and heroin abuse are very serious prob- we cannot wait to act. I urge my col- complish the goals laid out in the 2015 lems, but today we have an oppor- leagues to support this legislation. Mr. BROWN. Mr. President, I suggest National Drug Control Strategy. tunity to address the issue head-on and However, there are two things that I the absence of a quorum. save lives. I encourage my colleagues The PRESIDING OFFICER (Mr. believe would have made this com- to join me in voting for this important prehensive bill even more effective: 1, TILLIS). The clerk will call the roll. bill. The legislative clerk proceeded to addressing the sheer volume and avail- Thank you. call the roll. ability of opioid painkillers; and 2, full Mrs. BOXER. Mr. President, the Mr. MCCONNELL. Mr. President, I funding. United States is in the midst of a full- ask unanimous consent that the order First, on the widespread availability blown drug crisis. More people died of prescription opioids, I would like to for the quorum call be rescinded. from drug overdoses in 2014 than any The PRESIDING OFFICER. Without outline a few often-cited facts from the previous year on record, claiming more objection, it is so ordered. Centers for Disease Control and Pre- lives than car accidents across the vention. Health care providers wrote country. Since 2000, there has been a f 259 million prescriptions for opioid 200 percent increase in the rate of over- MORNING BUSINESS painkillers in 2012. This was enough for dose deaths involving opioid pain re- Mr. MCCONNELL. Mr. President, I every American adult to have their lievers and heroin, with 61 percent of ask unanimous consent that the Sen- own bottle of pills. Since 1999, the sale all drug overdose deaths in 2014 involv- ate be in a period of morning business, of prescription opioid painkillers has ing some type of opioid. with Senators permitted to speak increased by 300 percent. At the same These tragedies are proof of the therein for up to 10 minutes each. time, there has been no change in the fierce bonds of addiction, and it seems The PRESIDING OFFICER. Without amount of pain patients reported. Dur- no State has been spared from the objection, it is so ordered. opioid epidemic. In my State of Cali- ing this same time period, deaths from f overdose of prescription opioid pain- fornia, deaths involving prescription killers quadrupled. pain medications have increased by 16.5 WHOLE WOMAN’S HEALTH V. Additionally, according to the Na- percent since 2006. In fact, there were HELLERSTEDT tional Institute on Drug Abuse, 20 per- more than 1,800 opioid-related deaths Mr. REID. Mr. President, today the cent of people ages 12 and older have in 2012 alone, and 72 percent of those Supreme Court heard the oral argu- used prescription drugs nonmedically involved prescription pain medications. ments in Whole Woman’s Health v. at least once. The majority of those We cannot ignore the opioid crisis Hellerstedt. At issue in this case is a who abuse prescription opioids get anymore. This is not a problem for Texas law that puts restrictions on them for free from a friend or relative, only the local communities or State of- women’s health clinics and providers. often from legitimate prescriptions ficials. This is a nationwide crisis and Contrary to what proponents claim, written in excess. addressing it requires a multi-pronged these restrictions do not enhance wom- And, over the past 5 years, the Drug response at all levels of government. en’s health in any way. They are medi- Enforcement Administration has col- Last year, California was one of only 16 cally unnecessary, according to groups lected more than 5.5 million pounds of States selected to receive funding from like the American Medical Association unused or unwanted drugs, including the Centers for Disease Control and and the American College of Obstetri- opioids. Prevention, CDC to help improve safe cians and Gynecologists. Instead, these Moreover, data from Express Scripts prescribing of opioid painkillers, an restrictions serve just one purpose: to shows that while there are fewer indi- important step forward in tackling the restrict women’s access to clinics. viduals filling prescriptions for opioids, root cause of this debilitating drug cri- If the Texas law stands, nearly three- the overall number of prescriptions sis. quarters of the State’s clinics will be

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.041 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1219 forced to close. That would leave just gians, and it affords opportunities for ported annexation of Crimea and its 10 clinics statewide to serve 5.4 million advocacy membership and volun- use of force in Ukraine, continue to Texan women of reproductive age. But teering. pose an unusual and extraordinary unfortunately, this is the type of thing The Georgia Public Policy Founda- threat to the national security and for- we have come to expect from the State tion helps shape meaningful policy on eign policy of the United States. There- of Texas. The Texas Legislature and education, the environment, criminal fore, I have determined that it is nec- Governor have already passed laws justice, government reform, health essary to continue the national emer- that infringe on its citizens’ constitu- care, legal reform, regulation, spend- gency declared in Executive Order 13660 tional rights. ing, taxes, transportation, and welfare with respect to Ukraine. For example, the State has passed reform. And it walks the walk on edu- BARACK OBAMA. laws that limit victims’ ability to re- cation, too—its members donate to the THE WHITE HOUSE, March 2, 2016. cover much-deserved damages after ac- Student Outreach Scholarship Pro- cidents. And they have passed one of gram, providing assistance for lower- CONTINUATION OF THE NATIONAL the strictest voter ID laws in the Na- income students to attend college and EMERGENCY ORIGINALLY DE- tion. We are seeing the results of the learn about public policy issues. CLARED IN EXECUTIVE ORDER State’s pattern of undermining their The Georgia Public Policy Founda- 13288 ON MARCH 6, 2003, WITH RE- citizens’ constitutional rights. Just tion has forged over the years many SPECT TO THE ACTIONS AND yesterday it was reported that more positive changes in Georgia in its non- POLICIES OF CERTAIN MEMBERS than half a million registered voters in partisan but very specific way. It raises OF THE GOVERNMENT OF Texas can’t even vote. issues of importance above political ZIMBABWE AND OTHER PERSONS This is the pattern of disenfranchise- rhetoric to a point where politicians TO UNDERMINE ZIMBABWE’S ment Texas is engaged in. The State’s focus on the true merits and ulti- DEMOCRATIC PROCESSES OR IN- women are, sadly, the latest example of mately make quality decisions. STITUTIONS—PM 44 Texas infringing on important con- For all the Georgia Public Policy The PRESIDING OFFICER laid be- stitutional rights. Though it is not en- Foundation has done on behalf of my fore the Senate the following message tirely surprising that the radical Re- home State over the last 25 years, I from the President of the United publicans in Texas have targeted wom- honor the foundation today.∑ States, together with an accompanying en’s health, it is nonetheless dis- f report; which was referred to the Com- appointing. I hope the Supreme Court mittee on Banking, Housing, and will choose to protect women’s health MESSAGES FROM THE PRESIDENT Urban Affairs: and strike down this disastrous Texas Messages from the President of the To the Congress of the United States: law. United States were communicated to Section 202(d) of the National Emer- f the Senate by Mr. Pate, one of his sec- gencies Act (50 U.S.C. 1622(d)) provides ADDITIONAL STATEMENTS retaries. for the automatic termination of a na- f tional emergency unless, within 90 days prior to the anniversary date of RECOGNIZING THE GEORGIA PRESIDENTIAL MESSAGES its declaration, the President publishes PUBLIC POLICY FOUNDATION in the Federal Register and transmits to the Congress a notice stating that the ∑ Mr. ISAKSON. Mr. President, today I CONTINUATION OF THE NATIONAL emergency is to continue in effect be- am honored to recognize a great leader EMERGENCY ORIGINALLY DE- yond the anniversary date. In accord- in Georgia politics, a leader that stud- CLARED IN EXECUTIVE ORDER ies hard, presents ideas, and analyzes ance with this provision, I have sent to 13660 ON MARCH 6, 2014, WITH RE- the Federal Register for publication the State public policy issues to educate SPECT TO UKRAINE—PM 43 citizens and enhance economic oppor- enclosed notice stating that the na- The PRESIDING OFFICER laid be- tunity. This leader is not a person but tional emergency originally declared in fore the Senate the following message an organization that is celebrating its Executive Order 13288 of March 6, 2003, from the President of the United 25th anniversary in 2016: the Georgia and renewed every year since then, is States, together with an accompanying Public Policy Foundation. to continue in effect beyond March 6, report; which was referred to the Com- Established in 1991, the foundation is 2016. mittee on Banking, Housing, and The threat constituted by the actions an independent, State-focused think Urban Affairs: and policies of certain members of the tank that proposes market-oriented ap- Government of Zimbabwe and other proaches to public policy to improve To the Congress of the United States: persons to undermine Zimbabwe’s Section 202(d) of the National Emer- the lives of Georgians. Whether they democratic processes or institutions, are aware of it or not, Georgians have gencies Act (50 U.S.C. 1622(d)) provides contributing to the deliberate break- benefitted from the positive line of in- for the automatic termination of a na- down in the rule of law, to politically fluential leaders of this organization, tional emergency unless, within 90 motivated violence and intimidation, including my good friend Rogers Wade. days prior to the anniversary date of and to political and economic insta- It was founded by a great Georgian, its declaration, the President publishes bility in the southern African region, Hank McCamish, and today is led by a in the Federal Register and transmits to has not been resolved. These actions Georgian who will leave another great the Congress a notice stating that the and policies continue to pose an un- legacy of his own, Kelly McCutcheon. emergency is to continue in effect be- usual and extraordinary threat to the Through dozens of events each year, yond the anniversary date. In accord- foreign policy of the United States. For facilitating discussions between State ance with this provision, I have sent to these reasons, I have determined that members and political, education, the Federal Register for publication the it is necessary to continue this na- media, and business leaders, the Geor- enclosed notice stating that the na- tional emergency and to maintain in gia Public Policy Foundation has lived tional emergency declared in Executive force the sanctions to respond to this up to its motto: ‘‘Changing Georgia Order 13660 of March 6, 2014, is to con- threat. Policy, Changing Georgians’ Lives tinue in effect beyond March 6, 2016. BARACK OBAMA. since 1991.’’ The actions and policies of persons THE WHITE HOUSE, March 2, 2016. The Georgia Public Policy Founda- that undermine democratic processes f tion performs scholarly research and and institutions in Ukraine; threaten analysis of State public policy issues its peace, security, stability, sov- MESSAGE FROM THE HOUSE and works to educate citizens, policy- ereignty, and territorial integrity; and At 10:32 a.m., a message from the makers, and the media. It maintains a contribute to the misappropriation of House of Representatives, delivered by State-focused, independent, non- its assets, as well as the actions and Mrs. Cole, one of its reading clerks, an- partisan, and market-oriented ap- policies of the Government of the Rus- nounced that the House has passed the proach to improve the lives of Geor- sian Federation, including its pur- following bill, without amendment:

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.051 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1220 CONGRESSIONAL RECORD — SENATE March 2, 2016 S. 1596. An act to designate the facility of rial Post Office Building’’; to the Committee EC–4546. A communication from the Dep- the United States Postal Service located at on Homeland Security and Governmental Af- uty Assistant Secretary for Export Adminis- 2082 Stringtown Road in Grove City, Ohio, as fairs. tration, Bureau of Industry and Security, the ‘‘Specialist Joseph W. Riley Post Office H.R. 2347. An act to amend the Federal Ad- Department of Commerce, transmitting, pur- Building’’. visory Committee Act to increase the trans- suant to law, the report of a rule entitled The message also announced that the parency of Federal advisory committees, and ‘‘Addition of Certain Persons and Modifica- for other purposes; to the Committee on tion of Certain Entries to the Entity List; House has passed the following bills, in Homeland Security and Governmental Af- and Removal of Certain Persons from the which it requests the concurrence of fairs. Entity List’’ (RIN0694–AG81) received in the the Senate: H.R. 2458. An act to designate the facility Office of the President of the Senate on Feb- H.R. 136. An act to designate the facility of of the United States Postal Service located ruary 29, 2016; to the Committee on Banking, the United States Postal Service located at at 5351 Lapalco Boulevard in Marrero, Lou- Housing, and Urban Affairs. 1103 USPS Building 1103 in Camp Pendleton, isiana, as the ‘‘Lionel R. Collins, Sr. Post Of- EC–4547. A communication from the Direc- California, as the ‘‘Camp Pendleton Medal of fice Building’’; to the Committee on Home- tor of Congressional Affairs, Nuclear Regu- Honor Post Office’’. land Security and Governmental Affairs. latory Research, Nuclear Regulatory Com- H.R. 1132. An act to designate the facility H.R. 2814. An act to name the Department mission, transmitting, pursuant to law, the of the United States Postal Service located of Veterans Affairs community-based out- report of a rule entitled ‘‘Probabilistic Risk at 1048 West Robinhood Drive in Stockton, patient clinic in Sevierville, Tennessee, the Assessment and Severe Accident Evaluation California, as the ‘‘W. Ronald Coale Memo- Dannie A. Carr Veterans Outpatient Clinic; for New Reactors’’ (NUREG–0800, SRP Sec- rial Post Office Building’’. to the Committee on Veterans’ Affairs. tion 19.0) received in the Office of the Presi- H.R. 2347. An act to amend the Federal Ad- H.R. 3082. An act to designate the facility dent of the Senate on February 29, 2016; to visory Committee Act to increase the trans- of the United States Postal Service located the Committee on Environment and Public parency of Federal advisory committees, and at 5919 Chef Menteur Highway in New Orle- Works. for other purposes. ans, Louisiana, as the ‘‘Daryle Holloway EC–4548. A communication from the Direc- H.R. 2458. An act to designate the facility Post Office Building’’; to the Committee on tor of Congressional Affairs, Nuclear Regu- of the United States Postal Service located Homeland Security and Governmental Af- latory Research, Nuclear Regulatory Com- at 5351 Lapalco Boulevard in Marrero, Lou- fairs. mission, transmitting, pursuant to law, the isiana, as the ‘‘Lionel R. Collins, Sr. Post Of- H.R. 3274. An act to designate the facility report of a rule entitled ‘‘Chapter 11, Radio- fice Building’’. of the United States Postal Service located active Waste Management’’ (NUREG–0800, H.R. 2814. An act to name the Department at 4567 Rockbridge Road in Pine Lake, Geor- SRP Branch Technical Positions 11–3; 11–5; of Veterans Affairs community-based out- gia, as the ‘‘Francis Manuel Ortega Post Of- and 11–6) received in the Office of the Presi- patient clinic in Sevierville, Tennessee, the fice’’; to the Committee on Homeland Secu- dent of the Senate on February 29, 2016; to Dannie A. Carr Veterans Outpatient Clinic. rity and Governmental Affairs. the Committee on Environment and Public H.R. 3082. An act to designate the facility H.R. 3601. An act to designate the facility Works. of the United States Postal Service located of the United States Postal Service located EC–4549. A communication from the Direc- at 5919 Chef Menteur Highway in New Orle- at 7715 Post Road, North Kingstown, Rhode tor of Congressional Affairs, Nuclear Regu- ans, Louisiana, as the ‘‘Daryle Holloway Island, as the ‘‘Melvoid J. Benson Post Office latory Research, Nuclear Regulatory Com- Post Office Building’’. Building’’; to the Committee on Homeland mission, transmitting, pursuant to law, the H.R. 3274. An act to designate the facility Security and Governmental Affairs. report of a rule entitled ‘‘Chapter 11, Radio- of the United States Postal Service located H.R. 3735. An act to designate the facility active Waste Management’’ (NUREG–0800, at 4567 Rockbridge Road in Pine Lake, Geor- of the United States Postal Service located SRP Sections 11.1; 11.2; 11.3; 11.4; and 11.5) re- gia, as the ‘‘Francis Manuel Ortega Post Of- at 200 Town Run Lane in Winston Salem, ceived in the Office of the President of the fice’’. North Carolina, as the ‘‘Maya Angelou Me- Senate on February 29, 2016; to the Com- H.R. 3601. An act to designate the facility morial Post Office’’; to the Committee on mittee on Environment and Public Works. of the United States Postal Service located Homeland Security and Governmental Af- EC–4550. A communication from the Chief at 7715 Post Road, North Kingstown, Rhode fairs. of the Publications and Regulations Branch, Island, as the ‘‘Melvoid J. Benson Post Office H.R. 4046. An act to designate the facility Internal Revenue Service, Department of the Building’’. of the United States Postal Service located Treasury, transmitting, pursuant to law, the H.R. 3735. An act to designate the facility at 220 East Oak Street, Glenwood City, Wis- report of a rule entitled ‘‘Update of Weighted of the United States Postal Service located consin, as the Second Lt. Ellen Ainsworth Average Interest Rates, Yield Curves, and at 200 Town Run Lane in Winston Salem, Memorial Post Office; to the Committee on Segment Rates’’ (Notice 2016–18) received North Carolina, as the ‘‘Maya Angelou Me- Homeland Security and Governmental Af- during adjournment of the Senate in the Of- morial Post Office’’. fairs. fice of the President of the Senate on Feb- H.R. 4046. An act to designate the facility f ruary 26, 2016; to the Committee on Finance. of the United States Postal Service located EC–4551. A communication from the Chief at 220 East Oak Street, Glenwood City, Wis- EXECUTIVE AND OTHER of the Publications and Regulations Branch, consin, as the Second Lt. Ellen Ainsworth COMMUNICATIONS Internal Revenue Service, Department of the Memorial Post Office. The following communications were Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Amendments to the The message further announced that laid before the Senate, together with pursuant to section 4703(b) of the Barry Low-Income Housing Credit Compliance- accompanying papers, reports, and doc- Monitoring Regulations’’ ((RIN1545–BL84) Goldwater Scholarship and Excellence uments, and were referred as indicated: in Education Act (20 U.S.C. 4703), the (TD 9753)) received during adjournment of EC–4543. A communication from the Under the Senate in the Office of the President of Minority Leader appoints the following Secretary, Rural Utilities Service, Depart- the Senate on February 26, 2016; to the Com- Member of the House of Representa- ment of Agriculture, transmitting, pursuant mittee on Finance. tives to the Board of Trustees of the to law, the report of a rule entitled ‘‘Envi- EC–4552. A communication from the Chief Barry Goldwater Scholarship and Ex- ronmental Policies and Procedures’’ of the Publications and Regulations Branch, cellence in Education Foundation: Mr. (RIN0575–AC56) received during adjournment Internal Revenue Service, Department of the John B. Larson of Connecticut. of the Senate in the Office of the President Treasury, transmitting, pursuant to law, the of the Senate on February 26, 2016; to the report of a rule entitled ‘‘Qualified Zone f Committee on Agriculture, Nutrition, and Academy Bond Allocations for 2015 and 2016’’ MEASURES REFERRED Forestry. (Notice 2016–20) received during adjournment of the Senate in the Office of the President The following bills were read the first EC–4544. A communication from the Sec- retary of Defense, transmitting a report on of the Senate on February 26, 2016; to the and the second times by unanimous the approved retirement of Lieutenant Gen- Committee on Finance. consent, and referred as indicated: eral Bennet S. Sacolick, United States EC–4553. A communication from the Chief H.R. 136. An act to designate the facility of Army, and his advancement to the grade of of the Publications and Regulations Branch, the United States Postal Service located at lieutenant general on the retired list; to the Internal Revenue Service, Department of the 1103 USPS Building 1103 in Camp Pendleton, Committee on Armed Services. Treasury, transmitting, pursuant to law, the California, as the ‘‘Camp Pendleton Medal of EC–4545. A communication from the Acting report of a rule entitled ‘‘Reporting of Speci- Honor Post Office’’; to the Committee on Principal Deputy Under Secretary of Defense fied Foreign Financial Assets’’ ((RIN1545– Homeland Security and Governmental Af- (Personnel and Readiness), transmitting a BM54) (TD 9752)) received during adjourn- fairs. report on the approved retirement of General ment of the Senate in the Office of the Presi- H.R. 1132. An act to designate the facility John F. Campbell, United States Army, and dent of the Senate on February 26, 2016; to of the United States Postal Service located his advancement to the grade of general on the Committee on Finance. at 1048 West Robinhood Drive in Stockton, the retired list; to the Committee on Armed EC–4554. A communication from the Chief California, as the ‘‘W. Ronald Coale Memo- Services. of the Publications and Regulations Branch,

VerDate Sep 11 2014 07:37 Jun 17, 2016 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD16\MAR2016\S02MR6.REC S02MR6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1221 Internal Revenue Service, Department of the Internal Revenue Service, Department of the EC–4575. A communication from the Attor- Treasury, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the ney-Advisor, U.S. Coast Guard, Department report of a rule entitled ‘‘PATH Act Changes report of a rule entitled ‘‘Regulations Gov- of Homeland Security, transmitting, pursu- to Section 1445’’ ((RIN1545–BN22) (TD 9751)) erning Organization of the Joint Board for ant to law, the report of a rule entitled received during adjournment of the Senate the Enrollment of Actuaries’’ ((RIN1545– ‘‘Regulated Navigation Area; Kill Van Kull in the Office of the President of the Senate BM81) (TD 9749)) received during adjourn- and Newark Bay; Bayonne, NJ, NY’’ on February 26, 2016; to the Committee on ment of the Senate in the Office of the Presi- ((RIN1625–AA11) (Docket No. USCG–2014– Finance. dent of the Senate on February 26, 2016; to 0002)) received in the Office of the President EC–4555. A communication from the Chief the Committee on Health, Education, Labor, of the Senate on February 25, 2016; to the of the Publications and Regulations Branch, and Pensions. Committee on Commerce, Science, and Internal Revenue Service, Department of the EC–4566. A communication from the Sec- Transportation. Treasury, transmitting, pursuant to law, the retary of the Treasury, transmitting, pursu- EC–4576. A communication from the Attor- report of a rule entitled ‘‘Applicable Federal ant to law, a report entitled ‘‘Financial Re- ney-Advisor, U.S. Coast Guard, Department Rates—March 2016’’ (Rev. Rul. 2016–07) re- port of the United States Government for of Homeland Security, transmitting, pursu- ceived during adjournment of the Senate in Fiscal Year 2015’’; to the Committee on ant to law, the report of a rule entitled the Office of the President of the Senate on Homeland Security and Governmental Af- ‘‘Regulated Navigation Area; Reporting Re- February 26, 2016; to the Committee on Fi- fairs. quirements for Barges Loaded with Certain nance. EC–4567. A communication from the Rail- Dangerous Cargoes, Inland Rivers, Eighth EC–4556. A joint communication from the road Retirement Board, transmitting, pursu- Coast Guard District; Expiration of Stay Secretary of Health and Human Services and ant to law, the Board’s calendar year 2015 (Suspension) and Administrative Changes’’ the Attorney General, transmitting, pursu- Annual Report; to the Committee on Home- ((RIN1625–AA11) (Docket No. USCG–2013– ant to law, an annual report relative to the land Security and Governmental Affairs. 0760)) received in the Office of the President Health Care Fraud and Abuse Control Pro- EC–4568. communication from the Chair- of the Senate on February 25, 2016; to the gram for fiscal year 2015; to the Committee man, Merit Systems Protection Board, Committee on Commerce, Science, and on Finance. transmitting, pursuant to law, a report enti- Transportation. EC–4557. A communication from the Senior tled ‘‘U.S. Merit Systems Protection Board EC–4577. A communication from the Attor- Counsel for Regulatory Affairs, Office of Fis- Annual Performance Report for FY 2015 and ney-Advisor, U.S. Coast Guard, Department cal Assistant Secretary, Department of the Annual Performance Plan for FY 2016 (Final) of Homeland Security, transmitting, pursu- Treasury, transmitting, pursuant to law, the and FY 2017 (Proposed)’’; to the Committee ant to law, the report of a rule entitled report of a rule entitled ‘‘Uniform Adminis- on Homeland Security and Governmental Af- ‘‘Regulated Navigation Area; Reporting Re- trative Requirements, Cost Principles, and fairs. quirements for Barges Loaded with Certain Audit Requirements for Federal Awards’’ EC–4569. A communication from the Direc- Dangerous Cargoes, Illinois Waterway Sys- (RIN1505–AC48) received in the Office of the tor, Office of Government Ethics, transmit- tem located within the Ninth Coast Guard President of the Senate on February 29, 2016; ting, pursuant to law, the Explanatory District; Expiration of Stay (Suspension) and to the Committee on Finance. Notes, Annual Performance Plan, and An- Administrative Changes’’ ((RIN1625–AA11) EC–4558. A communication from the Assist- nual Performance Report for the Office of (Docket No. USCG–2013–0849)) received in the ant Secretary, Legislative Affairs, Depart- Government Ethics for fiscal year 2017; to ment of State, transmitting, pursuant to Office of the President of the Senate on Feb- the Committee on Homeland Security and law, a report relative to section 36(c) of the ruary 25, 2016; to the Committee on Com- Governmental Affairs. Arms Export Control Act (DDTC 15–134); to merce, Science, and Transportation. EC–4570. A communication from the Chair- EC–4578. A communication from the Attor- the Committee on Foreign Relations. man of the Occupational Safety and Health EC–4559. A communication from the Assist- ney-Advisor, U.S. Coast Guard, Department Review Commission, transmitting, pursuant ant Secretary, Legislative Affairs, Depart- of Homeland Security, transmitting, pursu- to law, the Commission’s Buy American Act ment of State, transmitting, pursuant to ant to law, the report of a rule entitled Report for fiscal year 2015; to the Committee law, a report relative to section 36(c) of the ‘‘Safety Zone; Circle Line Sightseeing Fire- Arms Export Control Act (DDTC 15–100); to on Homeland Security and Governmental Af- works, Liberty Island, Upper New York Bay, the Committee on Foreign Relations. fairs. Manhattan, NY’’ ((RIN1625–AA00) (Docket EC–4560. A communication from the Assist- EC–4571. A communication from the Attor- No. USCG–2015–1048)) received in the Office of ant Secretary, Legislative Affairs, Depart- ney-Advisor, U.S. Coast Guard, Department the President of the Senate on February 25, ment of State, transmitting, pursuant to of Homeland Security, transmitting, pursu- 2016; to the Committee on Commerce, law, a report relative to section 36(c) of the ant to law, the report of a rule entitled Science, and Transportation. Arms Export Control Act (DDTC 15–052); to ‘‘Drawbridge Operation Regulation; EC–4579. A communication from the Attor- the Committee on Foreign Relations. Duwamish Waterway, Seattle, WA’’ ney-Advisor, U.S. Coast Guard, Department EC–4561. A communication from the Assist- ((RIN1625–AA09) (Docket No. USCG–2015– of Homeland Security, transmitting, pursu- ant Legal Adviser for Treaty Affairs, Depart- 0285)) received in the Office of the President ant to law, the report of a rule entitled ment of State, transmitting, pursuant to the of the Senate on February 25, 2016; to the ‘‘Safety Zone; Pleasure Beach Bridge, Case-Zablocki Act, 1 U.S.C. 112b, as amended, Committee on Commerce, Science, and Bridgeport, CT’’ ((RIN1625–AA00) (Docket No. the report of the texts and background state- Transportation. USCG–2015–1088)) received in the Office of the ments of international agreements, other EC–4572. A communication from the Attor- President of the Senate on February 25, 2016; than treaties (List 2016–0022—2016–0025); to ney-Advisor, U.S. Coast Guard, Department to the Committee on Commerce, Science, the Committee on Foreign Relations. of Homeland Security, transmitting, pursu- and Transportation. EC–4562. A communication from the Chief ant to law, the report of a rule entitled EC–4580. A communication from the Attor- of the Publications and Regulations Branch, ‘‘Drawbridge Operation Regulation; Lake ney-Advisor, U.S. Coast Guard, Department Internal Revenue Service, Department of the Pontchartrain, Slidell, LA’’ ((RIN1625–AA09) of Homeland Security, transmitting, pursu- Treasury, transmitting, pursuant to law, the (Docket No. USCG–2015–0814)) received in the ant to law, the report of a rule entitled ‘‘Se- report of a rule entitled ‘‘Mid-Year Changes Office of the President of the Senate on Feb- curity Zone; Kailua Bay, Oahu, HI’’ to Safe Harbor Plans and Safe Harbor No- ruary 25, 2016; to the Committee on Com- ((RIN1625–AA87) (Docket No. USCG–2015– tices’’ (Notice 2016–16) received during ad- merce, Science, and Transportation. 1030)) received in the Office of the President journment of the Senate in the Office of the EC–4573. A communication from the Attor- of the Senate on February 25, 2016; to the President of the Senate on February 26, 2016; ney-Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and to the Committee on Finance. of Homeland Security, transmitting, pursu- Transportation. EC–4563. A communication from the Assist- ant to law, the report of a rule entitled EC–4581. A communication from the Attor- ant Secretary for Legislation, Department of ‘‘Drawbridge Operation Regulation; ney-Advisor, U.S. Coast Guard, Department Health and Human Services, transmitting, Missiouri River, Atchison, KS’’ ((RIN1625– of Homeland Security, transmitting, pursu- pursuant to law, a report entitled ‘‘2014 AA09) (Docket No. USCG–2014–0358)) received ant to law, the report of a rule entitled Progress Report on Understanding the Long- in the Office of the President of the Senate ‘‘Safety Zone; Closure of Morro Bay Harbor Term Health Effects of Living Organ Dona- on February 25, 2016; to the Committee on Bar Entrance; Morro Bay, CA’’ ((RIN1625– tion’’; to the Committee on Health, Edu- Commerce, Science, and Transportation. AA00) (Docket No. USCG–2015–1083)) received cation, Labor, and Pensions. EC–4574. A communication from the Attor- in the Office of the President of the Senate EC–4564. A communication from the Assist- ney-Advisor, U.S. Coast Guard, Department on February 25, 2016; to the Committee on ant Secretary for Legislation, Department of of Homeland Security, transmitting, pursu- Commerce, Science, and Transportation. Health and Human Services, transmitting, ant to law, the report of a rule entitled EC–4582. A communication from the Attor- pursuant to law, the Food and Drug Adminis- ‘‘Drawbridge Operation Regulation; ney-Advisor, U.S. Coast Guard, Department tration’s (FDA) report to Congress on the Acushnet River, New Bedford and Fairhaven, of Homeland Security, transmitting, pursu- study on raising the minimum age to pur- MA’’ ((RIN1625–AA09) (Docket No. USCG– ant to law, the report of a rule entitled chase tobacco products; to the Committee on 2016–0058)) received in the Office of the Presi- ‘‘Safety Zone; New Years Eve Firework Dis- Health, Education, Labor, and Pensions. dent of the Senate on February 25, 2016; to plays, Chicago River, Chicago, IL’’ EC–4565. A communication from the Chief the Committee on Commerce, Science, and ((RIN1625–AA00) (Docket No. USCG–2015– of the Publications and Regulations Branch, Transportation. 1074)) received in the Office of the President

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.020 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1222 CONGRESSIONAL RECORD — SENATE March 2, 2016 of the Senate on February 25, 2016; to the EC–4591. A communication from the Attor- Arkansas Valley Conduit, Colorado; to the Committee on Commerce, Science, and ney-Advisor, U.S. Coast Guard, Department Committee on Energy and Natural Re- Transportation. of Homeland Security, transmitting, pursu- sources. EC–4583. A communication from the Attor- ant to law, the report of a rule entitled By Mr. CORNYN: ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Navy UNDET, Apra Outer S. 2617. A bill to provide for the develop- of Homeland Security, transmitting, pursu- Harbor, GU’’ ((RIN1625–AA00) (Docket No. ment of a United States strategy for greater ant to law, the report of a rule entitled USCG–2015–1096)) received in the Office of the human space exploration, and for other pur- ‘‘Safety Zone; Transit Restrictions, Lower President of the Senate on February 25, 2016; poses; to the Committee on Commerce, Mississippi River Mile Marker 365.0–361.0’’ to the Committee on Commerce, Science, Science, and Transportation. ((RIN1625–AA00) (Docket No. USCG–2016– and Transportation. By Mr. GRASSLEY: 0014)) received in the Office of the President EC–4592. A communication from the Attor- S. 2618. A bill to amend title XIX of the So- of the Senate on February 25, 2016; to the ney-Advisor, U.S. Coast Guard, Department cial Security Act to require States to pub- Committee on Commerce, Science, and of Homeland Security, transmitting, pursu- lish a Medicaid fee-for service provider direc- Transportation. ant to law, the report of a rule entitled tory; to the Committee on Finance. EC–4584. A communication from the Attor- ‘‘Moving Security Zone; Escorted Vessels; By Ms. HEITKAMP: ney-Advisor, U.S. Coast Guard, Department MM 90.0—106.0, Lower Mississippi River; New S. 2619. A bill to require the Secretary of of Homeland Security, transmitting, pursu- Orleans, LA’’ ((RIN1625–AA87) (Docket No. Commerce to carry out a pilot program on ant to law, the report of a rule entitled USCG–2014–0995)) received in the Office of the the award of financial assistance to local ‘‘Safety Zone; Bayou Chene beginning at President of the Senate on February 25, 2016; governments to support the development of mile 130.0 on the Atchafalaya River extend- to the Committee on Commerce, Science, startup businesses, and for other purposes; to ing through the Bayou Chene ending at Mile and Transportation. the Committee on Commerce, Science, and 85.0 on the Intercoastal Waterway Morgan EC–4593. A communication from the Attor- Transportation. City, LA’’ ((RIN1625–AA00) (Docket No. ney-Advisor, U.S. Coast Guard, Department By Mr. BLUMENTHAL (for himself and USCG–2016–0016)) received in the Office of the of Homeland Security, transmitting, pursu- Mr. MURPHY): President of the Senate on February 25, 2016; ant to law, the report of a rule entitled S. 2620. A bill to facilitate the addition of to the Committee on Commerce, Science, ‘‘Safety Zone; Intracoastal Waterway; Lake park administration at the Coltsville Na- and Transportation. Charles, LA’’ ((RIN1625–AA00) (Docket No. tional Historical Park, and for other pur- EC–4585. A communication from the Attor- USCG–2015–1086)) received in the Office of the poses; to the Committee on Energy and Nat- ney-Advisor, U.S. Coast Guard, Department President of the Senate on February 25, 2016; ural Resources. of Homeland Security, transmitting, pursu- to the Committee on Commerce, Science, By Mr. MERKLEY (for himself, Mr. ant to law, the report of a rule entitled and Transportation. LEAHY, Mr. TESTER, Mrs. FEINSTEIN, ‘‘Safety Zone; Transit Restrictions, Lower EC–4594. A communication from the Attor- Mississippi River Mile Marker 311.0–319.0’’ and Mr. SANDERS): ney-Advisor, U.S. Coast Guard, Department ((RIN1625–AA00) (Docket No. USCG–2016– S. 2621. A bill to amend the Federal Food, of Homeland Security, transmitting, pursu- 0023)) received in the Office of the President Drug, and Cosmetic Act with respect to ge- ant to law, the report of a rule entitled of the Senate on February 25, 2016; to the netically engineered food transparency and ‘‘Moving Security Zone; Escorted Vessels; Committee on Commerce, Science, and uniformity; to the Committee on Health, MM 90.0—106.0, Lower Mississippi River; New Transportation. Education, Labor, and Pensions. EC–4586. A communication from the Attor- Orleans, LA’’ ((RIN1625–AA87) (Docket No. f ney-Advisor, U.S. Coast Guard, Department USCG–2014–0995)) received in the Office of the of Homeland Security, transmitting, pursu- President of the Senate on February 25, 2016; SUBMISSION OF CONCURRENT AND ant to law, the report of a rule entitled to the Committee on Commerce, Science, SENATE RESOLUTIONS and Transportation. ‘‘Safety Zone; Upper Mississippi River and Il- The following concurrent resolutions linois River, MO and IL’’ ((RIN1625–AA00) EC–4595. A communication from the Chief of Staff, Media Bureau, Federal Communica- and Senate resolutions were read, and (Docket No. USCG–2015–1121)) received in the referred (or acted upon), as indicated: Office of the President of the Senate on Feb- tions Commission, transmitting, pursuant to ruary 25, 2016; to the Committee on Com- law, the report of a rule entitled ‘‘Expansion By Ms. COLLINS (for herself, Mr. merce, Science, and Transportation. of Online Public File Obligations To Cable REED, Mr. COCHRAN, Mr. KAINE, Mr. EC–4587. A communication from the Attor- and Satellite TV Operators and Broadcast DURBIN, and Mrs. CAPITO): ney-Advisor, U.S. Coast Guard, Department and Satellite Radio Licensees’’ ((MB Docket S. Res. 384. A resolution designating March of Homeland Security, transmitting, pursu- No. 14–127) (FCC 16–4)) received in the Office 2, 2016, as ‘‘Read Across America Day’’; con- ant to law, the report of a rule entitled of the President of the Senate on February sidered and agreed to. ‘‘Safety Zone; RICHLAND, Apra Harbor/Phil- 29, 2016; to the Committee on Commerce, f ippine Sea, GU’’ ((RIN1625–AA00) (Docket No. Science, and Transportation. USCG–2015–1101)) received in the Office of the EC–4596. A communication from the Chief ADDITIONAL COSPONSORS of Staff, Media Bureau, Federal Communica- President of the Senate on February 25, 2016; S. 425 to the Committee on Commerce, Science, tions Commission, transmitting, pursuant to and Transportation. law, the report of a rule entitled ‘‘Expanding At the request of Mr. BOOZMAN, the EC–4588. A communication from the Attor- Consumers’ Video Navigation Choices; Com- name of the Senator from Oklahoma ney-Advisor, U.S. Coast Guard, Department mercial Availability of Navigation Devices’’ (Mr. INHOFE) was added as a cosponsor of Homeland Security, transmitting, pursu- ((MB Docket No. 16–42, CS Docket No. 97–80) of S. 425, a bill to amend title 38, ant to law, the report of a rule entitled (FCC 16–18)) received in the Office of the United States Code, to provide for a ‘‘Safety Zone; James River, Newport News, President of the Senate on February 29, 2016; five-year extension to the homeless VA’’ ((RIN1625–AA00) (Docket No. USCG– to the Committee on Commerce, Science, veterans reintegration programs and to 2016–0044)) received in the Office of the Presi- and Transportation. provide clarification regarding eligi- dent of the Senate on February 25, 2016; to f the Committee on Commerce, Science, and bility for services under such pro- Transportation. REPORTS OF COMMITTEES grams. EC–4589. A communication from the Attor- The following reports of committees S. 707 ney-Advisor, U.S. Coast Guard, Department At the request of Mr. MARKEY, the of Homeland Security, transmitting, pursu- were submitted: ant to law, the report of a rule entitled By Mr. BARRASSO, from the Committee name of the Senator from Connecticut ‘‘Safety Zone; Bayou Petite Caillou, on Indian Affairs, without amendment: (Mr. BLUMENTHAL) was added as a co- Boudreax Canal Floodgate, Chauvin, LA’’ S. 817. A bill to provide for the addition of sponsor of S. 707, a bill to provide cer- ((RIN1625–AA00) (Docket No. USCG–2015– certain real property to the reservation of tain protections from civil liability 1125)) received in the Office of the President the Siletz Tribe in the State of Oregon (Rept. with respect to the emergency adminis- of the Senate on February 25, 2016; to the No. 114–219). tration of opioid overdose drugs. Committee on Commerce, Science, and f Transportation. S. 743 EC–4590. A communication from the Attor- INTRODUCTION OF BILLS AND At the request of Mr. BOOZMAN, the ney-Advisor, U.S. Coast Guard, Department JOINT RESOLUTIONS name of the Senator from South Da- of Homeland Security, transmitting, pursu- The following bills and joint resolu- kota (Mr. THUNE) was added as a co- ant to law, the report of a rule entitled tions were introduced, read the first sponsor of S. 743, a bill to amend title ‘‘Safety Zone; Hudson River, Anchorage 38, United States Code, to recognize the Ground 19-W’’ ((RIN1625–AA00) (Docket No. and second times by unanimous con- USCG–2016–0028)) received in the Office of the sent, and referred as indicated: service in the reserve components of President of the Senate on February 25, 2016; By Mr. GARDNER: the Armed Forces of certain persons by to the Committee on Commerce, Science, S. 2616. A bill to modify certain cost-shar- honoring them with status as veterans and Transportation. ing and revenue provisions relating to the under law, and for other purposes.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.022 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1223 S. 849 (Mr. MURPHY) was added as a cosponsor (Mr. CASSIDY) was added as a cosponsor At the request of Mr. ISAKSON, the of S. 2496, a bill to provide flexibility of amendment No. 3369 intended to be name of the Senator from Florida (Mr. for the Administrator of the Small proposed to S. 524, a bill to authorize NELSON) was added as a cosponsor of S. Business Administration to increase the Attorney General to award grants 849, a bill to amend the Public Health the total amount of general business to address the national epidemics of Service Act to provide for systematic loans that may be guaranteed under prescription opioid abuse and heroin data collection and analysis and epide- section 7(a) of the Small Business Act. use. miological research regarding Multiple S. 2531 AMENDMENT NO. 3376 Sclerosis (MS), Parkinson’s disease, At the request of Mr. KIRK, the and other neurological diseases. names of the Senator from Florida (Mr. At the request of Mr. KAINE, the S. 1659 RUBIO) and the Senator from New Jer- name of the Senator from Colorado At the request of Mr. LEAHY, the sey (Mr. MENENDEZ) were added as co- (Mr. BENNET) was added as a cosponsor name of the Senator from California sponsors of S. 2531, a bill to authorize of amendment No. 3376 intended to be (Mrs. BOXER) was added as a cosponsor State and local governments to divest proposed to S. 524, a bill to authorize of S. 1659, a bill to amend the Voting from entities that engage in com- the Attorney General to award grants Rights Act of 1965 to revise the criteria merce-related or investment-related to address the national epidemics of for determining which States and polit- boycott, divestment, or sanctions ac- prescription opioid abuse and heroin ical subdivisions are subject to section tivities targeting Israel, and for other use. 4 of the Act, and for other purposes. purposes. S. 1887 S. 2571 f At the request of Mr. CASEY, the At the request of Mr. PETERS, the name of the Senator from Michigan name of the Senator from North Da- STATEMENTS ON INTRODUCED (Mr. PETERS) was added as a cosponsor kota (Mr. HOEVEN) was added as a co- BILLS AND JOINT RESOLUTIONS of S. 1887, a bill to protect and preserve sponsor of S. 2571, a bill to provide for international cultural property at risk the eligibility for airport development By Mr. CORNYN: due to political instability, armed con- grants of airports that enter into cer- S. 2617. A bill to provide for the de- flict, or natural or other disasters, and tain leases with components of the velopment of a United States strategy for other purposes. Armed Forces. for greater human space exploration, S. 2067 AMENDMENT NO. 3290 and for other purposes; to the Com- At the request of Mr. WICKER, the At the request of Mr. ALEXANDER, the mittee on Commerce, Science, and name of the Senator from Illinois (Mr. name of the Senator from Oregon (Mr. Transportation. KIRK) was added as a cosponsor of S. WYDEN) was added as a cosponsor of Mr. CORNYN. Mr. President, I ask 2067, a bill to establish EUREKA Prize amendment No. 3290 intended to be pro- unanimous consent that the text of the Competitions to accelerate discovery posed to S. 2012, an original bill to pro- bill be printed in the RECORD. and development of disease-modifying, vide for the modernization of the en- preventive, or curative treatments for ergy policy of the United States, and There being no objection, the text of Alzheimer’s disease and related demen- for other purposes. the bill was ordered to be printed in ECORD tia, to encourage efforts to enhance de- AMENDMENT NO. 3330 the R , as follows: tection and diagnosis of such diseases, At the request of Mr. DURBIN, the S. 2617 or to enhance the quality and effi- name of the Senator from Maine (Ms. Be it enacted by the Senate and House of Rep- ciency of care of individuals with such COLLINS) was added as a cosponsor of resentatives of the United States of America in diseases. amendment No. 3330 intended to be pro- Congress assembled, S. 2216 posed to S. 524, a bill to authorize the SECTION 1. SHORT TITLE. At the request of Ms. COLLINS, the Attorney General to award grants to name of the Senator from New Hamp- address the national epidemics of pre- This Act may be cited as the ‘‘Mapping a New and Innovative Focus on Our Explo- shire (Ms. AYOTTE) was added as a co- scription opioid abuse and heroin use. ration Strategy for Human Spaceflight Act sponsor of S. 2216, a bill to provide im- AMENDMENT NO. 3345 of 2016’’ or the ‘‘MANIFEST for Human munity from suit for certain individ- At the request of Mrs. SHAHEEN, the Spaceflight Act of 2016’’. uals who disclose potential examples of names of the Senator from Wisconsin SEC. 2. REAFFIRMATION OF POLICY AND FIND- financial exploitation of senior citi- (Ms. BALDWIN), the Senator from Penn- INGS. zens, and for other purposes. sylvania (Mr. CASEY), the Senator from (a) REAFFIRMATION OF POLICY.—Congress S. 2307 Maine (Mr. KING), the Senator from reaffirms that the long-term goal of the At the request of Mrs. SHAHEEN, the New York (Mr. SCHUMER), the Senator human space flight and exploration efforts of names of the Senator from Illinois (Mr. from Oregon (Mr. WYDEN), the Senator the National Aeronautics and Space Admin- DURBIN) and the Senator from Idaho from Massachusetts (Ms. WARREN) and istration shall be to expand permanent (Mr. RISCH) were added as cosponsors of the Senator from Washington (Ms. human presence beyond low-Earth orbit and S. 2307, a bill to promote the strength- CANTWELL) were added as cosponsors of to do so, where practical, in a manner in- ening of the private sector in Bosnia amendment No. 3345 proposed to S. 524, volving international partners, as stated in and Herzegovina. a bill to authorize the Attorney Gen- section 202(a) of the National Aeronautics and Space Administration Authorization Act S. 2424 eral to award grants to address the na- of 2010 (42 U.S.C. 18312(a)). At the request of Mr. PORTMAN, the tional epidemics of prescription opioid name of the Senator from Mississippi abuse and heroin use. (b) FINDINGS.—Congress makes the fol- lowing findings: (Mr. COCHRAN) was added as a cospon- At the request of Mr. PORTMAN, his sor of S. 2424, a bill to amend the Pub- name was added as a cosponsor of (1) In accordance with section 204 of the National Aeronautics and Space Administra- lic Health Service Act to reauthorize a amendment No. 3345 proposed to S. 524, tion Authorization Act of 2010 (Public Law program for early detection, diagnosis, supra. 111–267; 124 Stat. 2813), the National Academy and treatment regarding deaf and hard- AMENDMENT NO. 3362 of Sciences, through its Committee on of-hearing newborns, infants, and At the request of Mrs. FEINSTEIN, the Human Spaceflight, conducted a review of young children. names of the Senator from New Hamp- the goals, core capabilities, and direction of S. 2426 shire (Ms. AYOTTE) and the Senator human space flight, and published the find- At the request of Mr. GRASSLEY, his from Washington (Ms. CANTWELL) were ings and recommendations in a 2014 report name was added as a cosponsor of S. added as cosponsors of amendment No. entitled ‘‘Pathways to Exploration: Ration- 2426, a bill to direct the Secretary of 3362 proposed to S. 524, a bill to author- ales and Approaches for a U.S. Program of State to develop a strategy to obtain ize the Attorney General to award Human Space Exploration’’. (2) The Committee on Human Spaceflight observer status for Taiwan in the grants to address the national included leaders from the aerospace, sci- International Criminal Police Organi- epidemics of prescription opioid abuse entific, security, and policy communities. zation, and for other purposes. and heroin use. With input from the public, the Committee S. 2496 AMENDMENT NO. 3369 on Human Spaceflight concluded that many At the request of Mr. COONS, the At the request of Mr. CORNYN, the practical and aspirational rationales to- name of the Senator from Connecticut name of the Senator from Louisiana gether constitute a compelling case for

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.026 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1224 CONGRESSIONAL RECORD — SENATE March 2, 2016 human space exploration. These rationales ties for scientific discovery and techno- By Ms. HEITKAMP: include economic benefits, national security, logical excellence, sustain United States S. 2619. A bill to require the Sec- national prestige, inspiring students and competitiveness and leadership, and address retary of Commerce to carry out a other citizens, scientific discovery, human critical national security considerations and pilot program on the award of financial survival, and a sense of shared destiny. requirements; and (3) The Committee on Human Spaceflight (iii) the flexibility of such architectures assistance to local governments to sup- affirmed that Mars is the appropriate long- and approaches to adjust to evolving tech- port the development of startup busi- term goal for the human space flight pro- nologies, partners, priorities, and budget nesses, and for other purposes; to the gram. projections and constraints; Committee on Commerce, Science, and (4) The Committee on Human Spaceflight (G) measures for setting standards for en- Transportation. recommended that the National Aeronautics suring crew health and safety, including lim- Ms. HEITKAMP. Mr. President, I am and Space Administration define a series of its regarding radiation exposure and coun- introducing the Startup Entrepreneur termeasures necessary to meet those limits, sustainable steps and conduct mission plan- Empowerment Delivery, SEED, Act ning and technology development as needed means and methods for addressing urgent to achieve the long-term goal of placing hu- medical conditions or injuries, and other today to address the challenges faced mans on the surface of Mars. such safety, health, and medical issues that by startup businesses in , SEC. 3. HUMAN EXPLORATION STRATEGY. can be anticipated in the conduct of the mis- as well as other rural States and small sions identified under paragraph (1); (a) HUMAN EXPLORATION OF MARS.—Section cities, by helping them get the early (H) a description of crew training needs 202(b) of the National Aeronautics and Space stage funding they need to grow their and capabilities (including space suits and Administration Authorization Act of 2010 (42 business. life support systems) necessary to support U.S.C. 18312(b)) is amended— Access to capital is one of the single the conduct of missions identified under (1) in paragraph (3), by striking ‘‘and’’ at paragraph (1); largest barriers between startup busi- the end; (I) a detailed plan for prioritizing and phas- nesses and success. This bill addresses (2) in paragraph (4), by striking the period ing near-term intermediate destinations and the unique needs of startup companies at the end and inserting ‘‘; and’’; and missions identified under paragraph (1); in our country’s more rural States by (3) by adding at the end the following: (J) an assessment of the recommendations creating a pilot program through the ‘‘(5) to achieve human exploration of Mars, of the report prepared in compliance with including the establishment of a capability U.S. Department of Commerce aimed section 204 of the National Aeronautics and at providing small amounts of capital to extend human presence to the surface of Space Administration Authorization Act of Mars.’’. 2010 (Public Law 111–267; 124 Stat. 2813), in- to qualifying startups. (b) EXPLORATION STRATEGY.— cluding a detailed explanation of how the Innovation does not just happen in (1) IN GENERAL.—In accordance with this Administrator has ensured such rec- Silicon Valley or at our country’s big- subsection, the Administrator of the Na- ommendations have been, to the extent prac- gest research institutions. Innovative tional Aeronautics and Space Administra- ticable, incorporated into the strategy under ideas are blooming in our heartland tion shall submit an interim report and final paragraph (1); and report setting forth a strategy to achieve the and startups are forming on our main (K) technical information as needed to streets making the entrepreneurial objective in paragraph (5) of section 202(b) of identify interest from potential stakeholder the National Aeronautics and Space Admin- or partner communities. ecosystem of our smaller cities strong- istration Authorization Act of 2010, as (3) INDEPENDENT REVIEW.— er than ever before. But too often, we amended by subsection (a) of this section, (A) IN GENERAL.—The Administrator shall hear the same challenges from startups through a series of successive, sustainable, enter into an arrangement with the National and small businesses that they are try- free-standing, but complementary missions Academy of Sciences to review and comment ing to fit a square peg into a round making robust utilization of cis-lunar space on each interim report pursuant to para- hole, meaning they run into the barrier and employing the Space Launch System, graph (1). Under the arrangement, the Na- of not being able to qualify for Federal Orion crew capsule, and other capabilities tional Academy of Sciences shall review provided under titles III, IV, V, and IX of each interim report on the strategy de- support or Federal programs because that Act (42 U.S.C. 18301 et seq.). scribed in paragraph (1) and identify the fol- they are asking for too little funding. (2) STRATEGY REQUIREMENTS.—In devel- lowing: We can’t let these innovators slip oping the strategy under paragraph (1), the (i) Matters in such interim report agreed through the cracks. Administrator shall include— upon by the National Academy of Sciences. The Startup Entrepreneur Empower- (A) the utility of an expanded human pres- (ii) Matters in such interim report raising ment Delivery, SEED, Act would grant ence in cis-lunar space toward enabling mis- concerns for the National Academy of financial assistance to ten small sized sions to various lunar orbits, the lunar sur- Sciences. cities across the country which then face, asteroids, Mars, the moons of Mars, and (iii) Such further recommendations with other destinations of interest for future respect to matters covered by such interim would make awards directly to human exploration and development; report as the National Academy of Sciences startups to use for marketing, infra- (B) the utility of an expanded human pres- considers appropriate. structure, recruitment and hiring re- ence in cis-lunar space for economic, sci- (B) TIMING OF REVIEW AND COMMENT.—The sources. This bill directly addresses the entific, and technological advances; Administrator shall ensure that the review concerns that I continue to hear from (C) the opportunities for collaboration and comment on an interim report provided startups in North Dakota and will help with— for pursuant to subparagraph (A) is con- drive them to success and reinvest and (i) international partners; ducted in a timely manner to comply with (ii) private industry; and the requirements of this subsection and, to diversify the local economies of our (iii) other Federal agencies, including mis- the maximum extent practicable, to facili- Nation’s more rural areas. sions relevant to national security or sci- tate the incorporation of the comments of With my SEED Act, we can invest in entific needs; the National Academy of Sciences pursuant small cities, in rural States, like North (D) the opportunities specifically afforded to subparagraph (A) into the applicable final Dakota, helping drive startups to suc- by the International Space Station (ISS) to report required by this subsection. cess. Just like anyone from a small or support high priority scientific research and (4) DEADLINES.— rural town, we know how to make a lit- technological developments useful in ex- (A) INTERIM REPORTS.—Not later than 90 tle go a long way, and this bill will panding and sustaining a human presence in days after the date of the enactment of this help make that possible. The SEED Act cis-lunar space and beyond; Act, and not less than every five years there- (E) a range of exploration mission archi- after, the Administrator shall submit to the will allow the Federal Government to tectures and approaches for the missions National Academy of Sciences an interim re- continue its priority of investing in in- identified under paragraph (1), including ca- port on the strategy required by paragraph novation and will ensure those invest- pabilities for the Orion crew capsule and the (1) in order to facilitate the independent re- ments are felt in America’s heartland. Space Launch System; view and comment on the strategy as pro- (F) a comparison of architectures and ap- vided for by paragraph (3). By Mr. MERKLEY (for himself, proaches based on— (B) FINAL REPORTS.—Not later than one Mr. LEAHY, Mr. TESTER, Mrs. (i) assessed value of factors including cost year after the date of the enactment of this FEINSTEIN, and Mr. SANDERS): effectiveness, schedule resiliency, safety, Act, and not less than every five years there- S. 2621. A bill to amend the Federal sustainability, and opportunities for inter- after, the Administrator shall submit to Food, Drug, and Cosmetic Act with re- national collaboration; Congress a final report on the strategy re- (ii) the extent to which certain architec- quired by paragraph (1), which shall include spect to genetically engineered food tures and approaches may enable new mar- and incorporate the response of the National transparency and uniformity; to the kets and opportunities for United States pri- Academy of Sciences to the most recent in- Committee on Health, Education, vate industry, provide compelling opportuni- terim report pursuant to paragraph (3). Labor, and Pensions.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.031 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1225 Mr. MERKLEY. Mr. President, the modified crops grown in the United it has contributed to a crash in this genius of America was a government States have been altered to confer re- population. designed, as President Lincoln so elo- sistance to a chemical herbicide known To summarize, you have many poten- quent summarized, ‘‘Of the people, by as glyphosate. I was looking at a chart. tial positive impacts of genetic engi- the people, for the people.’’ I do not have it to display, but I will neering, and you have many potential I will be rising periodically to ad- describe it. After the introduction of concerns from genetically engineered dress issues that affect Americans these GMO crops in the early 1990s, the crops.So there are considerations that across our country and that this Cham- amount of acreage that has been plant- need to be balanced. Some individuals ber should be addressing. This week I ed with glyphosate-resistant crops has hear that and are not concerned at all. am using my speech to highlight the gone to nearly 100 percent. With soy- They say: It is fine. I want to buy prod- labeling of genetically modified foods. beans, it went to 100 percent by about ucts that are genetically engineered or This is truly a ‘‘We the people’’ versus 2005—just about every soybean plant in I would like to buy these and not ‘‘We the Titans’’ battle because citi- America. Glyphosate-resistant cotton, those. Others say: I am really con- zens routinely poll in very high num- virtually all cotton, falls into that cat- cerned about a specific feature of ge- bers about their desire to know what is egory, and a great deal of the corn, the netically modified crops, and I don’t in their food, and they like the idea of vast majority of the corn planted in want to use my dollars to buy that being alerted when their food contains our country falls into that category. crop and contribute to the problem I genetically modified organisms or So now we have millions of acres am concerned about. This is an adult GMOs, but that is not necessarily the being sprayed with glyphosate. At first conversation. It is a complex conversa- consequence, as when we go through glance, one might say: Well, that is a tion. There are benefits and there are the legislative process, often the ‘‘We great thing because it is an easy way disadvantages and there are more stud- the people’s’’ commonsense vision is to reduce weeds—but often Mother Na- ies to be done to discover just how lost in favor of pressures applied by ture is complicated. For example, when much the concern should be. Some in- powerful interest groups. We are in the you have all of that glyphosate being dividuals are concerned that with this middle of a debate like that right now. sprayed on acre after acre, millions of huge amount of biphosphate being So that is why I thought it appropriate acres, the weeds start to evolve a re- sprayed—and biphosphate is now a to rise at this moment to address this. sistance to it. Then that resistance known carcinogen—is there any res- This is a debate about whether you means you have to put more herbicides idue that stays on the crops that peo- believe that in a democracy, citizens on than before. So that is a concern or, ple harvest and eat. So they are con- have a right to know or whether that for example, as you put more cerned about that. right to know is going to be taken glyphosate on, you have more That is why labeling is leveling the away from them. I guess it goes to glyphosate runoff, and that runoff be- field. It allows those who are concerned whether you feel that citizens have the comes a concern because you have her- to know what is going on. It allows minds they are put on this Earth with bicides running off into our waterways, those who are not concerned to not pay to make decisions of their own versus and that can have an impact on sen- attention. My daughter happens to like being told what decisions to make by a sitive aquatic species, including fish, to look at ingredient lists and tries not Federal Government. mussels, amphibians, microorganisms. to consume high-fructose corn syrup. It This debate over genetically modified So it merits study, but it is certainly is helpful to her to know what is in it, organisms is a debate that gets com- something to be concerned about. and she can exercise her consumer pref- plicated because there are tremendous You can also have the impact of erence. Other folks don’t want to have differences in the types of genetic going to a separate item in which you excessive salt or maybe they are aller- changes in plants. Let me give you have, as I mentioned as a positive, the gic to peanuts, so peanuts are on the some examples. You might have a crop fact that plants have been genetically ingredients list, and it is helpful to where the crop has been modified ge- modified to resist certain bugs that at- them to be able to make that decision. netically in the laboratory to produce tack the roots. Western corn rootworm Honoring our citizens’ right to know natural toxins that defend plants is an example of that, but now it ap- seems to be disappearing on Capitol against root-dwelling insect pests. Per- pears to be evolving to eat the corn Hill because we have powerful special haps as a result of that, the farmers that was bioengineered to kill it be- interests that don’t want to let citizens can reduce the amount of synthetic cause, over time, with millions and make these judgments, make these pesticides they apply to crop lands. millions of acres, there is some genetic evaluations, between the advantages That might be a very positive thing. It change, and some worm that would and the disadvantages. Last summer, a might save a lot of money, and it also have been killed because it has a ge- few hundred yards from here in the might save a lot of runoff of pesticides. netic diversity and genetic changes is House of Representatives, the majority That is one example. now resistant. It produces offspring, voted for a law that blocks States from Other crops have been modified to and suddenly you have a bug that is passing laws to provide this type of in- fortify foods with vitamins and nutri- sometimes referred to as superbugs formation on a label. ents. For example, golden rice, devel- that are evolving to be resistant to pes- Just yesterday in the Senate, the oped by the International Rice Insti- ticides. What is the impact of that? Senate Agricultural Committee voted tute, provides greater amounts of vita- Let me give you another example. We out a law to block the rights of citizens min A to reduce the deficiency of this had a huge drop in the population of to know whether GMOs are in their essential vitamin in our diets. There Monarch butterflies, magnificent crea- food. That is an outrageous—out- are other positive impacts. For exam- tures. I think humans just see a Mon- rageous—bill. It would halt any ple, you have transgenic carrots—car- arch and they fall in love, just seeing progress in ensuring that consumers rots that have been modified geneti- one beautiful butterfly. Of course, can simply and easily access informa- cally to produce drugs inside the carrot these butterflies manage to travel tion about GMO ingredients through to treat the genetic disorder known as thousands of miles in the course of labeling. Goucher’s disease. Other genetic modi- their lives, which is just stunning that This bill that was passed out of com- fications have been used to attempt to such a fragile, beautiful, little creature mittee also included a proposal that increase crop yields through more effi- could travel so far to go way south in the Secretary of Agriculture do an edu- cient photosynthesis. order to reproduce and come way back cation campaign touting the economic, So that is a whole variety of different north. When we apply huge amounts of nutritional, humanitarian, and sci- ways of trying to make plants con- glyphosate herbicides, one of the side entific benefits of GMOs, but the bill tribute better to our nutrition and cer- effects is that it kills a lot of the didn’t say—and educate consumers tainly in terms of the dynamics to the plants; that is, the milkweed, that the about the substantial concerns the sci- farming environment, but there are Monarch eats. So you have an attack entific community has, about the im- also changes that are made that raise on the Monarch. That is not the only pact on the evolution of weeds, about concerns among some of our citizens. impact on the Monarch, but it is a con- the impact on the evolution of bugs, For example, most of the genetically tributing factor, and the result is that about potential residues that are on

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.046 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1226 CONGRESSIONAL RECORD — SENATE March 2, 2016 the crops, about the runoff that is in Japan, plus Australia, plus China, plus the product, through a quick response our waterways affecting how healthy Brazil, already require mandatory GM code, and get more details. That range our waterways are and the organisms labeling. Has it come to the point that of flexibility is where the compromise that live in our streams and in our riv- we in America are denying information can be honoring a citizen’s right to ers. that is routinely required in China for know, while not taking up a lot of So this is a very unbalanced presen- consumers? Is that the point we are space on a package or not doing any- tation to the American public. It is the coming to on this bill, this DARK Act, thing on the front of the package that type of thing that government Denying Americans the Right to Know says that this product is healthy or shouldn’t be involved in—basically, Act? This is not the direction we unhealthy or otherwise. It means the running a promotional campaign on should be going. share of Americans who want this in- taxpayers’ dollars to not create a bal- Instead, we believe in our American formation—just as there is a share of anced understanding of an issue but in- citizens, we believe in education, we Americans who want to know if there stead an unbalanced understanding of believe in individual decisionmaking, is high-fructose corn syrup, there is a an issue. and consumer information on the label share of Americans who want to know The truth is, all Americans have the honors that. Blocking States from if fish is farmed or wild fish—can in right to know what is in their food. being able to provide information that fact find this out. They are buying food to feed their chil- those State legislators or those State This also addresses the big issue dren. They have the right to know the citizens, by initiative, say they want, manufacturers have been raising. They ingredients so they can make respon- that is an overstepping of Federal au- don’t want a patchwork across the sible decisions. Providing information thority to crush States’ rights on an country of 50 different States having regarding genetically modified ingredi- issue important to citizens. different labeling laws. Our supply in- ents is a commonsense way to empower That is why today I am introducing a ventory doesn’t work that way. We consumers to make their own personal compromise bill, a bill trying to bring don’t have a warehouse that only decisions on issues they care about on this conversation to a commonsense serves one State. Quite frankly, it gets the food they purchase. It is a pretty compromise. It is called the Bio- very complicated and even more so on emotional issue when you start talking technology Food Labeling and Uni- the East Coast, where the States are about the food you are putting in your formity Act. I am introducing this bill all packed together, than it does back own mouth or the food you are feeding today with Senator TESTER and Sen- home in Oregon. That is a legitimate your children. ator LEAHY. It would give the FDA the concern. So there are big concerns. Campbell’s Soup has begun taking authority to develop a uniform Federal About 50 different versions of the law steps to voluntarily disclose on all of standard for on-package disclosure of or maybe counties even having dif- their soups whether the products con- genetically modified ingredients. ferent laws is addressed. tain genetically modified ingredients. I have met with industry groups. I I am going to simply conclude with Why are they doing this? They say have met with the pro-label groups. I this understanding: Citizens have a they have a relationship of integrity tried to find that area of compromise right to know in a free society what is with their customers. They want their between the two. What I found is a in their food. Let’s honor that. Should customers to know full information great deal of flexibility on the labeling the DARK Act—the Deny Americans about their products and let the cus- groups. Those groups said there doesn’t the Right to Know Act that passed out tomer decide what the customer wants, have to be information on the front of of the Agriculture Committee—come and they will provide information the package. It is OK if it is on the in- to this floor, many of us will stand up about the type of genetic modifications gredients list on the back of the can or to fight it in every possible way. It and what they mean so the customer the back of the package. It doesn’t shortchanges American citizens, denies will have enough information to make have to be in supersized print. It is OK them critical information, and takes a decision. There are advantages and if it is in the same small print that the the right of a fundamental privilege in disadvantages to GMO ingredients. ingredients are printed in. In fact, they our society. It strips our States. It is a Our Federal Government already re- are open to many different versions of Federal overreach, and it is an assault quires the labeling of ingredients and how a company discloses this informa- on consumer information and con- basic nutritional information in order tion, as long as a person can go to the sumer rights. It is just wrong, and we to protect the public and guard against store, pick up the package, turn it will oppose it vigorously. false product marketing. These food la- over, and quickly find out if there is a f bels tell consumers many things. They GMO impact. are supposed to tell how many calories. These are some of the ideas—and SUBMITTED RESOLUTIONS They tell how much there is of a vari- there are a variety—that are accept- ety of vitamins. They list the ingredi- able to the labeling side of the world. SENATE RESOLUTION 384—DESIG- ents and do so in order of how promi- One is on the ingredients area. After NATING MARCH 2, 2016, AS ‘‘READ nent they are in the product. Our label- the ingredient, it could either say it is ACROSS AMERICA DAY’’ ing laws even say that when fish are genetically modified or put in a code Ms. COLLINS (for herself, Mr. REED sold in large supermarkets, they have like GM—it doesn’t take up much of Rhode Island, Mr. COCHRAN, Mr. to state whether a fish is farm raised space, it is on the list of ingredients— KAINE, Mr. DURBIN, and Mrs. CAPITO) or wild caught. Why do we require su- or if there are several ingredients and submitted the following resolution; permarkets to label the fish as farm you would rather use an asterisk, you which was considered and agreed to: raised or wild caught? Because our con- would rather put an asterisk and put sumers care about that. There are im- what the asterisk means: ‘‘This ingre- S. RES. 384 plications of whether a product was dient has been genetically modified,’’ Whereas reading is a basic requirement for grown in an artificial lake or whether or ‘‘May contain genetically modified quality education and professional success ingredients.’’ So a simple phrase at the and is a source of pleasure throughout life; it was caught in the wild. Consumers Whereas the people of the United States want to know and use their own minds bottom or a symbol. Brazil uses a sym- must be able to read if the United States is to make these decisions. That is some- bol. They use a T. This is an example of to remain competitive in the global econ- thing about being in a free society— using a symbol T for transgenic—not omy; you get to make your own decisions all of them at once, just each of them Whereas Congress has placed great empha- based on disclosure. We make the infor- would be fine. It will take effort for sis on reading intervention and providing ad- mation available. consumers to look and see it. It is not ditional resources for reading assistance, in- This type of labeling about genetic upfront. They have to pick up the prod- cluding through the programs authorized by modifications or genetically modified uct. They have to look. It can be typed the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and organisms in the ingredients is routine in small print, but it gives a person through annual appropriations for library around the world. Sixty-five other who cares the ability to get to the bot- and literacy programs; and countries, including twenty-eight tom of the question. Then, if they Whereas more than 50 national organiza- members of the European Union, plus want, they can look up at the Web site tions concerned about reading and education

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.047 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1227 have joined with the National Education As- bill S. 524, supra; which was ordered to lie on SA 3406. Mr. THUNE (for himself and Mr. sociation to designate March 2, the anniver- the table. BARRASSO) submitted an amendment in- sary of the birth of Theodor Geisel (com- SA 3395. Mr. WYDEN (for himself, Mr. tended to be proposed to amendment SA 3378 monly known as ‘‘Dr. Seuss’’), as a day to SCHUMER, and Mrs. MURRAY) submitted an proposed by Mr. GRASSLEY (for himself, Mr. celebrate reading: Now, therefore, be it amendment intended to be proposed to LEAHY, Mr. WHITEHOUSE, Mr. PORTMAN, Ms. Resolved, That the Senate— amendment SA 3378 proposed by Mr. GRASS- KLOBUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. (1) designates March 2, 2016, as ‘‘Read LEY (for himself, Mr. LEAHY, Mr. WHITE- COONS, Mr. CORNYN, and Mr. DURBIN) to the Across America Day’’; HOUSE, Mr. PORTMAN, Ms. KLOBUCHAR, Ms. bill S. 524, supra; which was ordered to lie on (2) honors Theodor Geisel (commonly AYOTTE, Mr. GRAHAM, Mr. COONS, Mr. COR- the table. known as ‘‘Dr. Seuss’’) for his success in en- NYN, and Mr. DURBIN) to the bill S. 524, supra. SA 3407. Mr. MCCAIN submitted an amend- couraging children to discover the joy of SA 3396. Mr. WICKER (for himself, Mr. ment intended to be proposed to amendment reading; BROWN, and Mr. COCHRAN) submitted an SA 3378 proposed by Mr. GRASSLEY (for him- (3) celebrates the 19th anniversary of Read amendment intended to be proposed to self, Mr. LEAHY, Mr. WHITEHOUSE, Mr. Across America Day; amendment SA 3378 proposed by Mr. GRASS- PORTMAN, Ms. KLOBUCHAR, Ms. AYOTTE, Mr. (4) encourages parents to read with their LEY (for himself, Mr. LEAHY, Mr. WHITE- GRAHAM, Mr. COONS, Mr. CORNYN, and Mr. children for at least 30 minutes on Read HOUSE, Mr. PORTMAN, Ms. KLOBUCHAR, Ms. DURBIN) to the bill S. 524, supra; which was Across America Day in honor of the commit- AYOTTE, Mr. GRAHAM, Mr. COONS, Mr. COR- ordered to lie on the table. ment of the Senate to building a country of NYN, and Mr. DURBIN) to the bill S. 524, supra; SA 3408. Mr. MCCAIN submitted an amend- readers; and which was ordered to lie on the table. ment intended to be proposed by him to the (5) encourages the people of the United SA 3397. Mr. HATCH (for himself and Mr. bill S. 524, supra; which was ordered to lie on States to observe Read Across America Day WHITEHOUSE) submitted an amendment in- the table. with appropriate ceremonies and activities. tended to be proposed to amendment SA 3378 SA 3409. Ms. COLLINS (for herself and Mr. proposed by Mr. GRASSLEY (for himself, Mr. f LANKFORD) submitted an amendment in- LEAHY, Mr. WHITEHOUSE, Mr. PORTMAN, Ms. tended to be proposed to amendment SA 3378 KLOBUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. AMENDMENTS SUBMITTED AND proposed by Mr. GRASSLEY (for himself, Mr. COONS, Mr. CORNYN, and Mr. DURBIN) to the PROPOSED LEAHY, Mr. WHITEHOUSE, Mr. PORTMAN, Ms. bill S. 524, supra; which was ordered to lie on KLOBUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. SA 3386. Mr. COCHRAN submitted an the table. COONS, Mr. CORNYN, and Mr. DURBIN) to the amendment intended to be proposed to SA 3398. Mr. UDALL submitted an amend- bill S. 524, supra; which was ordered to lie on amendment SA 3378 proposed by Mr. GRASS- ment intended to be proposed by him to the the table. LEY (for himself, Mr. LEAHY, Mr. WHITE- bill S. 524, supra; which was ordered to lie on SA 3410. Mr. REID submitted an amend- HOUSE, Mr. PORTMAN, Ms. KLOBUCHAR, Ms. the table. ment intended to be proposed to amendment AYOTTE, Mr. GRAHAM, Mr. COONS, Mr. COR- SA 3399. Ms. HEITKAMP submitted an SA 3378 proposed by Mr. GRASSLEY (for him- NYN, and Mr. DURBIN) to the bill S. 524, to au- amendment intended to be proposed by her thorize the Attorney General to award to the bill S. 524, supra; which was ordered to self, Mr. LEAHY, Mr. WHITEHOUSE, Mr. grants to address the national epidemics of lie on the table. PORTMAN, Ms. KLOBUCHAR, Ms. AYOTTE, Mr. prescription opioid abuse and heroin use; SA 3400. Mr. CORNYN (for himself and Mr. GRAHAM, Mr. COONS, Mr. CORNYN, and Mr. which was ordered to lie on the table. KIRK) submitted an amendment intended to DURBIN) to the bill S. 524, supra; which was SA 3387. Mr. THUNE (for himself and Mr. be proposed to amendment SA 3378 proposed ordered to lie on the table. BARRASSO) submitted an amendment in- by Mr. GRASSLEY (for himself, Mr. LEAHY, SA 3411. Mr. TESTER submitted an amend- tended to be proposed to amendment SA 3378 Mr. WHITEHOUSE, Mr. PORTMAN, Ms. KLO- ment intended to be proposed to amendment proposed by Mr. GRASSLEY (for himself, Mr. BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. SA 3378 proposed by Mr. GRASSLEY (for him- LEAHY, Mr. WHITEHOUSE, Mr. PORTMAN, Ms. COONS, Mr. CORNYN, and Mr. DURBIN) to the self, Mr. LEAHY, Mr. WHITEHOUSE, Mr. KLOBUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. bill S. 524, supra; which was ordered to lie on PORTMAN, Ms. KLOBUCHAR, Ms. AYOTTE, Mr. COONS, Mr. CORNYN, and Mr. DURBIN) to the the table. GRAHAM, Mr. COONS, Mr. CORNYN, and Mr. bill S. 524, supra; which was ordered to lie on SA 3401. Mr. CORNYN (for himself and Mr. DURBIN) to the bill S. 524, supra; which was the table. KIRK) submitted an amendment intended to ordered to lie on the table. SA 3388. Mr. MARKEY (for himself and Ms. be proposed to amendment SA 3378 proposed SA 3412. Mr. MERKLEY submitted an AYOTTE) submitted an amendment intended by Mr. GRASSLEY (for himself, Mr. LEAHY, amendment intended to be proposed to to be proposed by him to the bill S. 524, Mr. WHITEHOUSE, Mr. PORTMAN, Ms. KLO- amendment SA 3378 proposed by Mr. GRASS- supra; which was ordered to lie on the table. BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. LEY (for himself, Mr. LEAHY, Mr. WHITE- SA 3389. Mr. WYDEN submitted an amend- COONS, Mr. CORNYN, and Mr. DURBIN) to the HOUSE, Mr. PORTMAN, Ms. KLOBUCHAR, Ms. ment intended to be proposed by him to the bill S. 524, supra; which was ordered to lie on AYOTTE, Mr. GRAHAM, Mr. COONS, Mr. COR- bill S. 524, supra; which was ordered to lie on the table. NYN, and Mr. DURBIN) to the bill S. 524, supra; the table. SA 3402. Mr. WYDEN submitted an amend- which was ordered to lie on the table. SA 3390. Mr. DAINES submitted an amend- ment intended to be proposed to amendment SA 3413. Mr. SCHATZ (for himself, Mr. ment intended to be proposed to amendment SA 3378 proposed by Mr. GRASSLEY (for him- HATCH, Mr. TESTER, Mr. COCHRAN, and Ms. SA 3378 proposed by Mr. GRASSLEY (for him- self, Mr. LEAHY, Mr. WHITEHOUSE, Mr. COLLINS) submitted an amendment intended self, Mr. LEAHY, Mr. WHITEHOUSE, Mr. PORTMAN, Ms. KLOBUCHAR, Ms. AYOTTE, Mr. to be proposed by him to the bill S. 524, PORTMAN, Ms. KLOBUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. COONS, Mr. CORNYN, and Mr. supra; which was ordered to lie on the table. GRAHAM, Mr. COONS, Mr. CORNYN, and Mr. DURBIN) to the bill S. 524, supra; which was SA 3414. Mr. BARRASSO submitted an DURBIN) to the bill S. 524, supra; which was ordered to lie on the table. amendment intended to be proposed by him ordered to lie on the table. SA 3403. Mr. THUNE (for himself and Mr. to the bill S. 524, supra; which was ordered to SA 3391. Mr. DAINES (for himself and Mr. BARRASSO) submitted an amendment in- lie on the table. PETERS) submitted an amendment intended tended to be proposed to amendment SA 3378 SA 3415. Mr. BARRASSO submitted an to be proposed to amendment SA 3378 pro- proposed by Mr. GRASSLEY (for himself, Mr. amendment intended to be proposed by him posed by Mr. GRASSLEY (for himself, Mr. LEAHY, Mr. WHITEHOUSE, Mr. PORTMAN, Ms. to the bill S. 524, supra; which was ordered to LEAHY, Mr. WHITEHOUSE, Mr. PORTMAN, Ms. KLOBUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. lie on the table. KLOBUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. COONS, Mr. CORNYN, and Mr. DURBIN) to the SA 3416. Mr. BARRASSO submitted an COONS, Mr. CORNYN, and Mr. DURBIN) to the bill S. 524, supra; which was ordered to lie on amendment intended to be proposed by him bill S. 524, supra; which was ordered to lie on the table. to the bill S. 524, supra; which was ordered to the table. SA 3404. Mr. THUNE (for himself and Mr. lie on the table. SA 3392. Mr. BLUNT (for himself and Ms. BARRASSO) submitted an amendment in- f STABENOW) submitted an amendment in- tended to be proposed to amendment SA 3378 tended to be proposed to amendment SA 3378 proposed by Mr. GRASSLEY (for himself, Mr. TEXT OF AMENDMENTS LEAHY, Mr. WHITEHOUSE, Mr. PORTMAN, Ms. proposed by Mr. GRASSLEY (for himself, Mr. SA 3386. Mr. COCHRAN submitted an LEAHY, Mr. WHITEHOUSE, Mr. PORTMAN, Ms. KLOBUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. amendment intended to be proposed to KLOBUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. COONS, Mr. CORNYN, and Mr. DURBIN) to the COONS, Mr. CORNYN, and Mr. DURBIN) to the bill S. 524, supra; which was ordered to lie on amendment SA 3378 proposed by Mr. bill S. 524, supra; which was ordered to lie on the table. GRASSLEY (for himself, Mr. LEAHY, Mr. the table. SA 3405. Mr. THUNE (for himself and Mr. WHITEHOUSE, Mr. PORTMAN, Ms. KLO- SA 3393. Mr. MERKLEY (for himself, Mr. BARRASSO) submitted an amendment in- BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. PAUL, Mr. REID, Mr. BENNET, Mr. WYDEN, tended to be proposed to amendment SA 3378 COONS, Mr. CORNYN, and Mr. DURBIN) to Mrs. MURRAY, and Ms. WARREN) submitted proposed by Mr. GRASSLEY (for himself, Mr. the bill S. 524, to authorize the Attor- LEAHY, Mr. WHITEHOUSE, Mr. PORTMAN, Ms. an amendment intended to be proposed by ney General to award grants to address him to the bill S. 524, supra; which was or- KLOBUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. dered to lie on the table. COONS, Mr. CORNYN, and Mr. DURBIN) to the the national epidemics of prescription SA 3394. Mr. LEAHY submitted an amend- bill S. 524, supra; which was ordered to lie on opioid abuse and heroin use; which was ment intended to be proposed by him to the the table. ordered to lie on the table; as follows:

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.034 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1228 CONGRESSIONAL RECORD — SENATE March 2, 2016 At the end of title II, add the following: (2) Deaths from drug overdose, largely as of a date certain, to any civil actions cov- SEC. 205. ATTORNEY GENERAL COORDINATION from prescription pain relievers, have tripled ered by this title; and WITH NATIONAL GUARD. among men and increased fivefold among (C) containing no other provisions. The Attorney General shall coordinate women over the past decade. SEC. 805. LIMITATION ON CIVIL LIABILITY FOR with the Chief of the National Guard Bureau (3) Nationwide, drug overdoses now claim HEALTH CARE PROFESSIONALS WHO to maximize the utilization and support of more lives than car accidents. PROVIDE OPIOID OVERDOSE DRUGS. existing training facilities and programs of (4) Overdose deaths from heroin and other (a) LIMITATION ON LIABILITY.— the National Guard, including counterdrug opioids can be prevented if the person who (1) IN GENERAL.—Notwithstanding any training centers, in carrying out this title, overdosed is timely administered an opioid other provision of law, a health care profes- including by giving priority to entities seek- overdose drug. sional who prescribes or provides an opioid ing grants made under this title that utilize (5) Medical personnel as well as non-med- overdose drug to an individual at risk of ex- the National Guard training facilities and ical personnel can be trained to administer periencing an opioid overdose, or who pre- programs. opioid overdose drugs safely and effectively. scribed or provided an opioid overdose drug (6) On April 13, 2014, the Food and Drug Ad- to a family member, friend, or other indi- SA 3387. Mr. THUNE (for himself and ministration approved a prescription opioid vidual in a position to assist an individual at Mr. BARRASSO) submitted an amend- overdose drug hand-held auto-injector for risk of experiencing an opioid overdose, shall ment intended to be proposed to use by family members and caregivers to not be liable for harm caused by the use of amendment SA 3378 proposed by Mr. treat a person known or suspected to have the opioid overdose drug if the individual to GRASSLEY (for himself, Mr. LEAHY, Mr. had an opioid overdose. whom such drug is prescribed or provided has WHITEHOUSE, Mr. PORTMAN, Ms. KLO- (7) Several States, including Massachu- been educated in accordance with paragraph (2) about opioid overdose prevention and BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. setts, have established programs allowing for the administration of opioid overdose drugs treatment by the health care professional or COONS, Mr. CORNYN, and Mr. DURBIN) to by non-medical personnel, and those pro- as part of an opioid overdose program. the bill S. 524, to authorize the Attor- grams have saved lives. (2) EDUCATION REQUIREMENTS.—For pur- ney General to award grants to address (8) The willingness of medical and non- poses of paragraph (1), an individual who has the national epidemics of prescription medical personnel to administer opioid over- been educated in accordance with this para- opioid abuse and heroin use; which was dose drugs may be deterred by potential civil graph shall have been trained on— ordered to lie on the table; as follows: liability, and the willingness of physicians to (A) when to administer the opioid overdose At the end of title VII, add the following: prescribe opioid overdose drugs to persons drug; SEC. 7ll. GAO REPORT ON GRANTS TO INDIAN other than a patient may also be deterred by (B) how to administer the opioid overdose TRIBES. potential civil liability. drug; and (a) DEFINITIONS.—In this section: (b) PURPOSE.—The purpose of this title is (C) the steps that need to be taken after (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ to save the lives of people who intentionally administration of the opioid overdose drug. has the meaning given the term in section 4 or inadvertently overdose on heroin or other (b) EXCEPTION.—Subsection (a) shall not of the Indian Health Care Improvement Act opioids by providing certain protections apply to a health care professional if the (25 U.S.C. 1603). from civil liability with respect to the emer- harm was caused by the gross negligence or (2) TRIBAL ORGANIZATION.—The term ‘‘trib- gency administration of opioid overdose reckless misconduct of the health care pro- al organization’’ has the meaning given the drugs. fessional. term in section 4 of the Indian Self-Deter- SEC. 803. DEFINITIONS. SEC. 806. LIMITATION ON CIVIL LIABILITY FOR mination and Education Assistance Act (25 In this title— INDIVIDUALS WORKING FOR OR U.S.C. 450b). VOLUNTEERING AT A STATE OR (1) the term ‘‘health care professional’’ LOCAL AGENCY OPIOID OVERDOSE (b) REPORT.—Not later than 250 days after means a person licensed by a State to pre- PROGRAM. the date of enactment of this Act, the Comp- scribe prescription drugs; (a) IN GENERAL.—Notwithstanding any troller General of the United States shall (2) the term ‘‘opioid overdose drug’’ means other provision of law, except as provided in submit to Congress a report— a drug that, when administered, reverses in subsection (b), no individual who provides an (1) listing each Federal grant relating to whole or part the pharmacological effects of opioid overdose drug shall be liable for harm mental health or substance abuse available an opioid overdose in the human body; and caused by the emergency administration of to an Indian tribe or a tribal organization; (3) the term ‘‘opioid overdose program’’ an opioid overdose drug by another indi- (2) describing the number of Indian tribes means a program operated by a local health vidual if the individual who provides such and tribal organizations receiving a grant department, community-based organization, drug— described in paragraph (1); substance abuse treatment organization, law (1) works for or volunteers at an opioid (3) listing each Indian tribe and tribal or- enforcement agency, fire department, other overdose program; and ganization that received a grant described in first responder department, or voluntary as- (2) provides the opioid overdose drug as paragraph (1) during the period beginning on sociation or a program funded by a Federal, part of the opioid overdose program to an in- October 1, 2011, and ending on the date of en- State, or local government that works to dividual authorized by the program to re- actment of this Act; prevent opioid overdoses by in part providing ceive an opioid overdose drug. (4) identifying areas in which Federal opioid overdose drugs and education to indi- (b) EXCEPTION.—Subsection (a) shall not agencies can increase coordination and col- viduals at risk of experiencing an opioid apply if the harm was caused by the gross laboration to improve the ability of an In- overdose or to an individual in a position to negligence or reckless misconduct of the in- dian tribe or tribal organization to receive a assist another individual at risk of experi- dividual who provides the drug. grant described in paragraph (1); and encing an opioid overdose. (5) identifying barriers that Indian tribes SEC. 807. LIMITATION ON CIVIL LIABILITY FOR SEC. 804. PREEMPTION AND ELECTION OF STATE INDIVIDUALS WHO ADMINISTER or tribal organizations frequently encounter NONAPPLICABILITY. OPIOID OVERDOSE DRUGS. when seeking a grant described in paragraph (a) PREEMPTION.—Except as provided in (a) IN GENERAL.—Notwithstanding any (1). subsection (b), this title preempts the law of other provision of law, except as provided in Mr. MARKEY (for himself a State to the extent that such law is incon- subsection (b), no individual shall be liable SA 3388. sistent with this title, except that this title for harm caused by the emergency adminis- and Ms. AYOTTE) submitted an amend- shall not preempt any State law that pro- tration of an opioid overdose drug to an indi- ment intended to be proposed by him vides additional protection from liability re- vidual who has or reasonably appears to have to the bill S. 524, to authorize the At- lating to the administration of opioid over- suffered an overdose from heroin or other torney General to award grants to ad- dose drugs or that shields from liability any opioid, if— dress the national epidemics of pre- person who provides or administers opioid (1) the individual who administers the scription opioid abuse and heroin use; overdose drugs. opioid overdose drug— which was ordered to lie on the table; (b) ELECTION OF STATE REGARDING NON- (A) obtained the drug from a health care as follows: APPLICABILITY.—Sections 805, 806, and 807 professional or as part of an opioid overdose shall not apply to any civil action in a State program; or At the end, add the following: court against a person who administers (B) is doing so pursuant to a prescription TITLE VIII—OPIOID OVERDOSE opioid overdose drugs if— for an opioid overdose drug under section 505 REDUCTION ACT (1) all parties to the civil action are citi- of the Federal Food, Drug, and Cosmetic Act SEC. 801. SHORT TITLE. zens of the State in which such action is (21 U.S.C. 355) or is licensed under section 351 This title may be cited as the ‘‘Opioid brought; and of the Public Health Service Act (42 U.S.C. Overdose Reduction Act of 2016’’. (2) the State enacts legislation in accord- 262); and SEC. 802. FINDINGS AND PURPOSE. ance with State requirements for enacting (2) was educated in accordance with sec- (a) FINDINGS.—Congress finds the fol- legislation— tion 805(a)(2) by the health care professional lowing: (A) citing the authority of this subsection; or an opioid overdose program. (1) Overdoses from opioids have increased (B) declaring the election of the State that (b) EXCEPTION.—Subsection (a) shall not dramatically in the United States. such sections 805, 806, and 807 shall not apply, apply to an individual if the harm was

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Mr. WYDEN submitted an information regarding drug management was identified under this paragraph to be an amendment intended to be proposed by program for at-risk beneficiaries (similar to at-risk beneficiary for prescription drug him to the bill S. 524, to authorize the the information provided by the Secretary in abuse under a prescription drug plan in Attorney General to award grants to other standardized notices to part D eligible which such individual was previously en- address the national epidemics of pre- individuals enrolled in prescription drug rolled and such identification has not been scription opioid abuse and heroin use; plans under this part); and terminated under subparagraph (F). ‘‘(VII) notice that the beneficiary has a which was ordered to lie on the table; ‘‘(ii) EXEMPTED INDIVIDUAL DESCRIBED.—An right to an appeal pursuant to subparagraph exempted individual described in this clause as follows: (E). is an individual who— At the appropriate place, insert the fol- ‘‘(iii) SECOND NOTICE.—A second written no- ‘‘(I) receives hospice care under this title; lowing: tice described in this clause is a notice that ‘‘(II) resides in a long-term care facility, a SEC. ll. PROGRAMS TO PREVENT PRESCRIP- provides to the beneficiary notice— TION DRUG ABUSE UNDER THE ‘‘(I) that the PDP sponsor has identified facility described in section 1905(d), or other MEDICARE PROGRAM. the beneficiary as an at-risk beneficiary for facility under contract with a single phar- (a) DRUG MANAGEMENT PROGRAM FOR AT- prescription drug abuse; macy; or RISK BENEFICIARIES.— ‘‘(II) that such beneficiary has been sent, ‘‘(III) the Secretary elects to treat as an (1) IN GENERAL.—Section 1860D–4(c) of the or informed of, such identification in the ini- exempted individual for purposes of clause Social Security Act (42 U.S.C. 1395w–104(c)) is tial notice and is now subject to the require- (i). amended by adding at the end the following: ments of the drug management program for ‘‘(iii) PROGRAM SIZE.—The Secretary shall ‘‘(5) DRUG MANAGEMENT PROGRAM FOR AT- at-risk beneficiaries established by such establish policies, including the criteria de- RISK BENEFICIARIES.— PDP sponsor for such plan; veloped under clause (i)(I) and the exemp- ‘‘(A) AUTHORITY TO ESTABLISH.—A PDP ‘‘(III) of the prescriber and pharmacy se- tions under clause (ii)(III), to ensure that the sponsor may establish a drug management lected for such individual under subpara- population of enrollees in a drug manage- program for at-risk beneficiaries under graph (D); ment program for at-risk beneficiaries oper- which, subject to subparagraph (B), the PDP ‘‘(IV) of, and information about, the right ated by a prescription drug plan can be effec- sponsor may, in the case of an at-risk bene- of the beneficiary to a reconsideration and tively managed by such plans. ficiary for prescription drug abuse who is an an appeal under subsection (h) of such identi- ‘‘(iv) CLINICAL CONTACT.—With respect to enrollee in a prescription drug plan of such fication and the prescribers and pharmacies each at-risk beneficiary for prescription drug PDP sponsor, limit such beneficiary’s access selected; abuse enrolled in a prescription drug plan of- to coverage for frequently abused drugs ‘‘(V) that the beneficiary can, in the case fered by a PDP sponsor, the PDP sponsor under such plan to frequently abused drugs that the beneficiary has not previously sub- shall contact the beneficiary’s providers who that are prescribed for such beneficiary by a mitted to the PDP sponsor preferences for have prescribed frequently abused drugs re- prescriber (or prescribers) selected under which prescribers and pharmacies the bene- garding whether prescribed medications are subparagraph (D), and dispensed for such ficiary would prefer the PDP sponsor select appropriate for such beneficiary’s medical beneficiary by a pharmacy (or pharmacies) under subparagraph (D), submit such pref- conditions. selected under such subparagraph. erences to the PDP sponsor; and ‘‘(D) SELECTION OF PRESCRIBERS.— ‘‘(B) REQUIREMENT FOR NOTICES.— ‘‘(VI) that includes clear instructions that ‘‘(i) IN GENERAL.—With respect to each at- ‘‘(i) IN GENERAL.—A PDP sponsor may not explain how the beneficiary can contact the risk beneficiary for prescription drug abuse limit the access of an at-risk beneficiary for PDP sponsor in order to submit to the PDP enrolled in a prescription drug plan offered prescription drug abuse to coverage for fre- sponsor the preferences described in sub- by such sponsor, a PDP sponsor shall, based quently abused drugs under a prescription clause (V). on the preferences submitted to the PDP drug plan until such sponsor— ‘‘(iv) TIMING OF NOTICES.— sponsor by the beneficiary pursuant to ‘‘(I) provides to the beneficiary an initial ‘‘(I) IN GENERAL.—Subject to subclause (II), clauses (ii)(III) and (iii)(V) of subparagraph notice described in clause (ii) and a second a second written notice described in clause (B) if applicable, select— notice described in clause (iii); and (iii) shall be provided to the beneficiary on a ‘‘(I) one, or, if the PDP sponsor reasonably ‘‘(II) verifies with the providers of the ben- date that is not less than 30 days after an determines it necessary to provide the bene- eficiary that the beneficiary is an at-risk initial notice described in clause (ii) is pro- ficiary with reasonable access under clause beneficiary for prescription drug abuse, as vided to the beneficiary. (ii), more than one, individual who is author- described in subparagraph (C)(iv). ‘‘(II) EXCEPTION.—In the case that the PDP ized to prescribe frequently abused drugs (re- ‘‘(ii) INITIAL NOTICE.—An initial written no- sponsor, in conjunction with the Secretary, ferred to in this paragraph as a ‘prescriber’) tice described in this clause is a notice that determines that concerns identified through who may write prescriptions for such drugs provides to the beneficiary— rulemaking by the Secretary regarding the for such beneficiary; and ‘‘(I) notice that the PDP sponsor has iden- health or safety of the beneficiary or regard- tified the beneficiary as potentially being an ing significant drug diversion activities re- ‘‘(II) one, or, if the PDP sponsor reasonably at-risk beneficiary for prescription drug quire the PDP sponsor to provide a second determines it necessary to provide the bene- abuse; notice described in clause (iii) to the bene- ficiary with reasonable access under clause ‘‘(II) information, when possible, describ- ficiary on a date that is earlier than the date (ii), more than one, pharmacy that may dis- ing State and Federal public health re- described in subclause (II), the PDP sponsor pense such drugs to such beneficiary. sources that are designed to address pre- may provide such second notice on such ear- ‘‘(ii) REASONABLE ACCESS.—In making the scription drug abuse to which the beneficiary lier date. selection under this subparagraph, a PDP may have access, including substance use ‘‘(III) FORM OF NOTICE.—The written no- sponsor shall ensure, taking into account ge- disorder treatment services, addiction treat- tices under clauses (ii) and (iii) shall be in a ographic location, beneficiary preference, ment services, mental health services, and format determined appropriate by the Sec- impact on cost-sharing, and reasonable trav- other counseling services; retary, taking into account beneficiary pref- el time, that the beneficiary continues to ‘‘(III) a request for the beneficiary to sub- erences. have reasonable access to drugs described in mit to the PDP sponsor preferences for ‘‘(C) AT-RISK BENEFICIARY FOR PRESCRIP- subparagraph (G), including— which prescribers and pharmacies the bene- TION DRUG ABUSE.— ‘‘(I) for individuals with multiple resi- ficiary would prefer the PDP sponsor to se- ‘‘(i) IN GENERAL.—For purposes of this dences; and lect under subparagraph (D) in the case that paragraph, the term ‘at-risk beneficiary for ‘‘(II) in the case of natural disasters and the beneficiary is identified as an at-risk prescription drug abuse’ means a part D eli- similar emergency situations. beneficiary for prescription drug abuse as de- gible individual who is not an exempted indi- ‘‘(iii) BENEFICIARY PREFERENCES.— scribed in clause (iii)(I); vidual described in clause (ii) and— ‘‘(I) IN GENERAL.—If an at-risk beneficiary ‘‘(IV) an explanation of the meaning and ‘‘(I) who is identified through criteria de- for prescription drug abuse submits pref- consequences of the identification of the veloped by the Secretary in consultation erences for which in-network prescribers and beneficiary as potentially being an at-risk with PDP sponsors and other stakeholders pharmacies the beneficiary would prefer the beneficiary for prescription drug abuse, in- described in subsection section ll(g)(2)(A) PDP sponsor select in response to a notice cluding an explanation of the drug manage- of the Comprehensive Addiction and Recov- under subparagraph (B), the PDP sponsor ment program established by the PDP spon- ery Act of 2016 based on clinical factors indi- shall— sor pursuant to subparagraph (A); cating misuse or abuse of prescription drugs ‘‘(aa) review such preferences; ‘‘(V) clear instructions that explain how described in subparagraph (G), including dos- ‘‘(bb) select or change the selection of a the beneficiary can contact the PDP sponsor age, quantity, duration of use, number of and prescriber or pharmacy for the beneficiary in order to submit to the PDP sponsor the reasonable access to prescribers, and number based on such preferences; and preferences described in subclause (IV) and of and reasonable access to pharmacies used ‘‘(cc) inform the beneficiary of such selec- any other communications relating to the to obtain such drug; or tion or change of selection.

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‘‘(II) EXCEPTION.—In the case that the PDP health information, about the decision to ‘‘(E) A utilization management tool to pre- sponsor determines that a change to the se- impose such limitations and the limitations vent drug abuse (as described in paragraph lection of a prescriber or pharmacy under imposed by the PDP sponsor under this part. (5)(A)).’’; and item (bb) by the PDP sponsor is contributing ‘‘(ii) DATA TO REDUCE FRAUD, ABUSE, AND (2) by adding at the end the following new or would contribute to prescription drug WASTE.—The Secretary shall establish rules paragraph: abuse or drug diversion by the beneficiary, and procedures to require PDP sponsors op- ‘‘(6) UTILIZATION MANAGEMENT TOOL TO PRE- the PDP sponsor may change the selection of erating a drug management program for at- VENT DRUG ABUSE.— a prescriber or pharmacy for the beneficiary. risk beneficiaries under this paragraph to ‘‘(A) IN GENERAL.—A tool described in this If the PDP sponsor changes the selection provide the Secretary with such data as the paragraph is any of the following: pursuant to the preceding sentence, the PDP Secretary determines appropriate for pur- ‘‘(i) A utilization tool designed to prevent sponsor shall provide the beneficiary with— poses of identifying patterns of prescription the abuse of frequently abused drugs by indi- ‘‘(aa) at least 30 days written notice of the drug utilization for plan enrollees that are viduals and to prevent the diversion of such change of selection; and outside normal patterns and that may indi- drugs at pharmacies. ‘‘(bb) a rationale for the change. cate fraudulent, medically unnecessary, or ‘‘(ii) Retrospective utilization review to ‘‘(III) TIMING.—An at-risk beneficiary for unsafe use. identify— prescription drug abuse may choose to ex- ‘‘(I) SHARING OF INFORMATION FOR SUBSE- ‘‘(I) individuals that receive frequently press their prescriber and pharmacy pref- QUENT PLAN ENROLLMENTS.—The Secretary abused drugs at a frequency or in amounts erence and communicate such preference to shall establish procedures under which PDP that are not clinically appropriate; and their PDP sponsor at any date while enrolled sponsors who offer prescription drug plans ‘‘(II) providers of services or suppliers that in the program, including after a second no- shall share information with respect to indi- may facilitate the abuse or diversion of fre- tice under subparagraph (B)(iii) has been viduals who are at-risk beneficiaries for pre- quently abused drugs by beneficiaries. provided. scription drug abuse (or individuals who are ‘‘(iii) Consultation with the contractor de- ‘‘(iv) CONFIRMATION.—Before selecting a potentially at-risk beneficiaries for prescrip- scribed in subparagraph (B) to verify if an in- prescriber or pharmacy under this subpara- tion drug abuse) and enrolled in a prescrip- dividual enrolling in a prescription drug plan graph, a PDP sponsor must notify the pre- offered by a PDP sponsor has been previously scriber and pharmacy that the beneficiary tion drug plan and who subsequently disenroll from such plan and enroll in an- identified by another PDP sponsor as an in- involved has been identified for inclusion in dividual described in clause (ii)(I). the drug management program for at-risk other prescription drug plan offered by an- other PDP sponsor. ‘‘(B) REPORTING.—A PDP sponsor offering a beneficiaries and that the prescriber and prescription drug plan in a State shall sub- pharmacy has been selected as the bene- ‘‘(J) PRIVACY ISSUES.—Prior to the imple- mentation of the rules and procedures under mit to the Secretary and the Medicare drug ficiary’s designated prescriber and phar- integrity contractor with which the Sec- macy. this paragraph, the Secretary shall clarify privacy requirements, including require- retary has entered into a contract under sec- ‘‘(E) APPEALS.—The identification of an in- tion 1893 with respect to such State a report, dividual as an at-risk beneficiary for pre- ments under the regulations promulgated pursuant to section 264(c) of the Health In- on a monthly basis, containing information scription drug abuse under this paragraph, a on— coverage determination made under a drug surance Portability and Accountability Act ‘‘(i) any provider of services or supplier de- management program for at-risk bene- of 1996 (42 U.S.C. 1320d–2 note), related to the scribed in subparagraph (A)(ii)(II) that is ficiaries, and the selection of a prescriber or sharing of data under subparagraphs (H) and identified by such plan sponsor during the 30- pharmacy under subparagraph (D) with re- (I) by PDP sponsors. Such clarification shall day period before such report is submitted; spect to such individual shall be subject to provide that the sharing of such data shall and an expedited reconsideration and appeal pur- be considered to be protected health infor- ‘‘(ii) the name and prescription records of suant to subsection (h). mation in accordance with the requirements individuals described in paragraph (5)(C). ‘‘(F) TERMINATION OF IDENTIFICATION.— of the regulations promulgated pursuant to ‘‘(C) CMS COMPLIANCE REVIEW.—The Sec- ‘‘(i) IN GENERAL.—The Secretary shall de- such section 264(c). retary shall ensure that plan sponsor annual velop standards for the termination of iden- ‘‘(K) EDUCATION.—The Secretary shall pro- compliance reviews and program audits in- tification of an individual as an at-risk bene- vide education to enrollees in prescription clude a certification that utilization man- ficiary for prescription drug abuse under this drug plans of PDP sponsors and providers re- agement tools under this paragraph are in paragraph. Under such standards such identi- garding the drug management program for compliance with the requirements for such fication shall terminate as of the earlier of— at-risk beneficiaries described in this para- ‘‘(I) the date the individual demonstrates tools.’’. graph, including education— (c) TREATMENT OF CERTAIN COMPLAINTS FOR that the individual is no longer likely, in the ‘‘(i) provided through the improper pay- PURPOSES OF QUALITY OR PERFORMANCE AS- absence of the restrictions under this para- ment outreach and education program de- SESSMENT.—Section 1860D–42 of the Social graph, to be an at-risk beneficiary for pre- scribed in section 1874A(h); and Security Act (42 U.S.C. 1395w–152) is amended scription drug abuse described in subpara- ‘‘(ii) through current education efforts by adding at the end the following new sub- graph (C)(i); or (such as State health insurance assistance section: ‘‘(II) the end of such maximum period of programs described in subsection (a)(1)(A) of ‘‘(d) TREATMENT OF CERTAIN COMPLAINTS identification as the Secretary may specify. section 119 of the Medicare Improvements for FOR PURPOSES OF QUALITY OR PERFORMANCE ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in Patients and Providers Act of 2008 (42 U.S.C. ASSESSMENT.—In conducting a quality or clause (i) shall be construed as preventing a 1395b–3 note)) and materials directed toward performance assessment of a PDP sponsor, plan from identifying an individual as an at- such enrollees. the Secretary shall develop or utilize exist- risk beneficiary for prescription drug abuse ‘‘(L) CMS COMPLIANCE REVIEW.—The Sec- ing screening methods for reviewing and con- under subparagraph (C)(i) after such termi- retary shall ensure that existing plan spon- sidering complaints that are received from nation on the basis of additional information sor compliance reviews and audit processes enrollees in a prescription drug plan offered on drug use occurring after the date of no- include the drug management programs for by such PDP sponsor and that are com- tice of such termination. at-risk beneficiaries under this paragraph, plaints regarding the lack of access by the ‘‘(G) FREQUENTLY ABUSED DRUG.—For pur- including appeals processes under such pro- individual to prescription drugs due to a poses of this subsection, the term ‘frequently grams.’’. drug management program for at-risk bene- abused drug’ means a drug that is deter- (2) INFORMATION FOR CONSUMERS.—Section ficiaries.’’. mined by the Secretary to be frequently 1860D–4(a)(1)(B) of the Social Security Act (42 (d) SENSE OF CONGRESS REGARDING USE OF abused or diverted and that is— U.S.C. 1395w–104(a)(1)(B)) is amended by add- TECHNOLOGY TOOLS TO COMBAT FRAUD.—It is ‘‘(i) a Controlled Drug Substance in Sched- ing at the end the following: the sense of Congress that MA organizations ule CII; or ‘‘(v) The drug management program for at- and PDP sponsors should consider using e- ‘‘(ii) within the same class or category of risk beneficiaries under subsection (c)(5).’’. prescribing and other health information drugs as a Controlled Drug Substance in (3) DUAL ELIGIBLES.—Section 1860D– technology tools to support combating fraud Schedule CII, as determined through notice 1(b)(3)(D) of the Social Security Act (42 under MA-PD plans and prescription drug and comment rulemaking. U.S.C. 1395w–101(b)(3)(D)) is amended by in- plans under parts C and D of the Medicare ‘‘(H) DATA DISCLOSURE.— serting ‘‘, subject to such limits as the Sec- Program. ‘‘(i) DATA ON DECISION TO IMPOSE LIMITA- retary may establish for individuals identi- (e) GAO STUDY AND REPORT.— TION.—In the case of an at-risk beneficiary fied pursuant to section 1860D–4(c)(5)’’ after (1) STUDY.—The Comptroller General of the for prescription drug abuse (or an individual ‘‘the Secretary’’. United States shall conduct a study on the who is a potentially at-risk beneficiary for implementation of the amendments made by prescription drug abuse) whose access to cov- (b) UTILIZATION MANAGEMENT PROGRAMS.— this section, including the effectiveness of erage for frequently abused drugs under a Section 1860D–4(c) of the Social Security Act the at-risk beneficiaries for prescription prescription drug plan has been limited by a (42 U.S.C. 1395w–104(c)), as amended by sub- drug abuse drug management programs au- PDP sponsor under this paragraph, the Sec- section (a)(1), is amended— thorized by section 1860D–4(c)(5) of the Social retary shall establish rules and procedures to (1) in paragraph (1), by inserting after sub- Security Act (42 U.S.C. 1395w–10(c)(5)), as require such PDP sponsor to disclose data, paragraph (D) the following new subpara- added by subsection (a)(1). Such study shall including necessary individually identifiable graph: include an analysis of—

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(A) the impediments, if any, that impair (B) TOPICS DESCRIBED.—The topics de- ‘‘(3) SELECTION.—The Secretary shall select the ability of individuals described in sub- scribed in this subparagraph are the topics a limited number of Medicare part D regions paragraph (C) of such section 1860D–4(c)(5) to of— in which to the model, giving priority to re- access clinically appropriate levels of pre- (i) the impact on cost-sharing and ensuring gions based on the number of total opioid scription drugs; accessibility to prescription drugs for enroll- prescriptions in the region. (B) the effectiveness of the reasonable ac- ees in prescription drug plans of PDP spon- ‘‘(4) REQUIREMENTS FOR PROGRAM.—Under cess protections under subparagraph (D)(ii) sors who are at-risk beneficiaries for pre- an opioid abuse treatment program, the PDP of such section 1860D–4(c)(5), including the scription drug abuse (as defined in paragraph sponsor offering the plan shall— impact on beneficiary access and health; (5)(C) of section 1860D–4(c) of the Social Se- ‘‘(A) establish a care team that includes at (C) how best to define the term ‘‘des- curity Act (42 U.S.C. 1395w–10(c))); least— ignated pharmacy’’, including whether the (ii) the use of an expedited appeals process ‘‘(i) a pharmacist; definition of such term should include an en- under which such an enrollee may appeal an ‘‘(ii) a physician; and tity that is comprised of a number of loca- identification of such enrollee as an at-risk ‘‘(iii) an individual licenced in a State with tions that are under common ownership and beneficiary for prescription drug abuse under expertise in behavioral health (as deter- that electronically share a real-time, online such paragraph (similar to the processes es- mined by the Secretary), which may be the database and whether such a definition tablished under the Medicare Advantage pro- physician described in clause (ii); and would help to protect and improve bene- gram under part C of title XVIII of the So- ‘‘(B) develop, in consultation with the ap- ficiary access; cial Security Act); plicable enrollee and with input from the (D) the types of— (iii) the types of enrollees that should be prescriber to the extent necessary and prac- (i) individuals who, in the implementation treated as exempted individuals, as described ticable, a care plan for the applicable en- of such section, are determined to be individ- in clause (ii) of such paragraph; rollee that is intended to treat the applicable uals described in such subparagraph; and (iv) the manner in which terms and defini- enrollee’s pain and limit any unnecessary (ii) prescribers and pharmacies that are se- tions in paragraph (5) of such section 1860D– opioid prescriptions when possible. lected under subparagraph (D) of such sec- 4(c) should be applied, such as the use of clin- ‘‘(5) PAYMENT.— tion; ical appropriateness in determining whether ‘‘(A) IN GENERAL.—Under the model under (E) the extent of prescription drug abuse an enrollee is an at-risk beneficiary for pre- this subsection, the Secretary shall make a beyond Controlled Drug Substances in scription drug abuse as defined in subpara- monthly payment to the PDP sponsor offer- Schedule CII in parts C and D of the Medi- graph (C) of such paragraph (5); ing the prescription drug plan for each appli- care program; and (v) the information to be included in the cable enrollee who receives services under (F) other areas determined appropriate by notices described in subparagraph (B) of such the opioid abuse treatment program. the Comptroller General. section and the standardization of such no- ‘‘(B) SHARED SAVINGS.—Under the model under this subsection, the Secretary shall (2) REPORT.—Not later than July 1, 2019, tices; the Comptroller General of the United States (vi) with respect to a PDP sponsor that es- (using a methodology determined appro- shall submit to the appropriate committees tablishes a drug management program for priate by the Secretary) make payments (in of jurisdiction of Congress a report on the at-risk beneficiaries under such paragraph addition to the payments under subpara- graph (A)) to the PDP sponsor offering the study conducted under paragraph (1), to- (5), the responsibilities of such PDP sponsor prescription drug plan if the Secretary deter- gether with recommendations for such legis- with respect to the implementation of such mines that total spending under parts A, B, lation and administrative action as the program; and D of title XVIII (and including the pay- Comptroller General determines to be appro- (vii) notices for plan enrollees at the point ments under subparagraph (A)) for applicable priate. of sale that would explain why an at-risk enrollees who receive services under the beneficiary has been prohibited from receiv- (f) REPORT BY SECRETARY.— opioid abuse treatment program is less than ing a prescription at a location outside of (1) IN GENERAL.—Not later than 12 months a historical benchmark of total spending the designated pharmacy; after the date of the enactment of this Act, under such parts A, B, and D for such enroll- (viii) evidence-based prescribing guidelines the Secretary of Health and Human Services ees or similar enrollees. Such benchmark shall submit to the appropriate committees for opiates; and shall be adjusted at the Secretary’s discre- of jurisdiction of Congress a report on ways (ix) the sharing of claims data under parts tion for changes in law or regulation, unfore- to improve upon the appeals process for A and B with PDP sponsors. seen circumstances, or advances in medical Medicare beneficiaries with respect to pre- (C) RULEMAKING.—The Secretary of Health practice. and Human Services shall, taking into ac- scription drug coverage under part D of title ‘‘(6) QUALITY.—Under the model under this XVIII of the Social Security Act. Such re- count the input gathered pursuant to sub- subsection, the Secretary shall measure the port shall include an analysis comparing ap- paragraph (A) and after providing notice and quality of care furnished by opioid abuse peals processes under parts C and D of such an opportunity to comment, promulgate reg- treatment programs, including elements re- title XVIII. ulations to carry out the provisions of, and lated to access to care, the unnecessary use (2) FEEDBACK.—In development of the re- amendments made by subsections (a) and (b). of opioids, pain management, and the deliv- port described in paragraph (1), the Sec- SEC. ll. INCREASED ANTI-KICKBACKS PEN- ery of behavioral health services. ALTIES. retary of Health and Human Services shall ‘‘(7) APPLICABLE ENROLLEE.—In this sub- solicit feedback on the current appeals proc- Paragraphs (1) and (2) of section 1128B(b) of section, the term ‘applicable enrollee’ means ess from stakeholders, such as beneficiaries, the Social Security Act (42 U.S.C. 1320a– an individual who is, with respect to a pre- consumer advocates, plan sponsors, phar- 7b(b)) are each amended by inserting ‘‘(or, scription drug plan— beginning January 1, 2017, $50,000)’’ after macy benefit managers, pharmacists, pro- ‘‘(A) enrolled with the plan; and ‘‘$25,000’’. viders, independent review entity evaluators, ‘‘(B) an at-risk beneficiary for prescription and pharmaceutical manufacturers. SEC. ll. CENTER FOR MEDICARE AND MED- drug abuse (as defined in section 1860D– ICAID INNOVATION TESTING OF FFECTIVE ATE (g) E D .— OPIOID ABUSE TREATMENT PRO- 4(c)(5)(C)). (1) IN GENERAL.—Except as provided in sub- GRAM MODEL FOR PART D PRE- ‘‘(8) MODEL NOT APPLICABLE TO MA–PD section (d)(2), the amendments made by this SCRIPTION DRUG PLAN ENROLLEES. PLANS.—The model under this subsection section shall apply to prescription drug plans Section 1115A of the Social Security Act shall not apply to MA–PD plans or enrollees for plan years beginning on or after January (42 U.S.C. 1315a) is amended— of such plans. 1, 2018. (1) in subsection (b)(2)(A), by adding at the ‘‘(9) CLARIFICATION OF APPLICATION.—For (2) STAKEHOLDER MEETINGS PRIOR TO EFFEC- end the following new sentence: ‘‘The models purposes of the preceding provisions of this TIVE DATE.— selected under this subparagraph shall in- section (including paragraphs (3) and (4) of (A) IN GENERAL.—Not later than January 1, clude the model described in subsection subsection (b) and subsections (d) and (f)), 2017, the Secretary of Health and Human (h).’’; and the model under this subsection shall be Services shall convene stakeholders, includ- (2) by adding at the end the following new deemed to be a model under subsection (b).’’. ing individuals entitled to benefits under subsection: part A of title XVIII of the Social Security ‘‘(h) OPIOID ABUSE TREATMENT PROGRAM SA 3390. Mr. DAINES submitted an Act or enrolled under part B of such title of MODEL.— amendment intended to be proposed to such Act, advocacy groups representing such ‘‘(1) IN GENERAL.—The Secretary shall test amendment SA 3378 proposed by Mr. individuals, clinicians, plan sponsors, phar- a model requiring prescription drug plans GRASSLEY (for himself, Mr. LEAHY, Mr. macists, retail pharmacies, entities dele- under part D of title XVIII to have in place, WHITEHOUSE, Mr. PORTMAN, Ms. KLO- gated by plan sponsors, and biopharma- directly or through appropriate arrange- BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. ceutical manufacturers for input regarding ments, an opioid abuse treatment program COONS, Mr. CORNYN, and Mr. DURBIN) to the topics described in subparagraph (B). The for applicable enrollees in lieu of the medica- input described in the preceding sentence tion therapy management program under the bill S. 524, to authorize the Attor- shall be provided to the Secretary in suffi- section 1860D–4(c)(2) with respect to such ap- ney General to award grants to address cient time in order for the Secretary to take plicable enrollees. the national epidemics of prescription such input into account in promulgating the ‘‘(2) START DATE.—The model under this opioid abuse and heroin use; which was regulations pursuant to subparagraph (C). subsection shall start in plan year 2018. ordered to lie on the table; as follows:

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.041 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1232 CONGRESSIONAL RECORD — SENATE March 2, 2016 On page 8, after line 25, insert the fol- (3) recommend, incentivize, or encourage a SEC. l06. DEFINITIONS. lowing: depository institution not to offer financial In this title: (19) Veterans with post-traumatic stress services to an individual, or to downgrade or (1) DEPOSITORY INSTITUTION.—The term disorder are also at a high risk of substance cancel the financial services offered to an in- ‘‘depository institution’’ means— abuse. According to the Department of Vet- dividual solely because— (A) a depository institution as defined in erans Affairs, more than 20 percent of vet- (A) the individual is a manufacturer or section 3(c) of the Federal Deposit Insurance erans with post-traumatic stress disorder producer, or is the owner or operator of a Act (12 U.S.C. 1813(c)); also have a substance abuse disorder. marijuana-related legitimate business; (B) a Federal credit union as defined in (B) the individual later becomes an owner section 101 of the Federal Credit Union Act SA 3391. Mr. DAINES (for himself or operator of a marijuana-related legiti- (12 U.S.C. 1752); or and Mr. PETERS) submitted an amend- mate business; or (C) a State credit union as defined in sec- ment intended to be proposed to (C) the depository institution was not tion 101 of the Federal Credit Union Act (12 U.S.C. 1752). amendment SA 3378 proposed by Mr. aware that the individual is the owner or op- erator of a marijuana-related legitimate (2) FEDERAL BANKING REGULATOR.—The GRASSLEY (for himself, Mr. LEAHY, Mr. business; and term ‘‘Federal banking regulator’’ means WHITEHOUSE, Mr. PORTMAN, Ms. KLO- (4) take any adverse or corrective super- each of the Board of Governors of the Fed- BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. visory action on a loan to an owner or oper- eral Reserve System, the Bureau of Con- COONS, Mr. CORNYN, and Mr. DURBIN) to ator of— sumer Financial Protection, the Federal De- the bill S. 524, to authorize the Attor- (A) a marijuana-related legitimate busi- posit Insurance Corporation, the Office of ney General to award grants to address ness solely because the business owner or op- the Comptroller of the Currency, the Na- the national epidemics of prescription erator is a marijuana-related business; or tional Credit Union Administration, or any (B) real estate or equipment that is leased Federal agency or department that regulates opioid abuse and heroin use; which was banking or financial services, as determined ordered to lie on the table; as follows: to a marijuana-related legitimate business solely because the owner or operator of the by the Secretary of the Treasury. On page 66, strike line 5 and insert the fol- real estate or equipment leased the equip- (3) FINANCIAL SERVICE.—The term ‘‘finan- lowing: ment or real estate to a marijuana-related cial service’’ means a financial product or disorder, service-connected post-traumatic legitimate business. service as defined in section 1002 of the Dodd- stress disorder, military sexual trauma, or a SEC. l03. PROTECTIONS UNDER FEDERAL LAW. Frank Wall Street Reform and Consumer service-connected traumatic brain injury, as (a) IN GENERAL.—In a State or political Protection Act (12 U.S.C. 5481). determined on a case-by-case basis.’’. subdivision that allows the cultivation, pro- (4) MANUFACTURER.—The term ‘‘manufac- turer’’ means a person who manufactures, SA 3392. Mr. BLUNT (for himself and duction, manufacturing, transportation, dis- play, dispensing, distribution, sale, or pur- compounds, converts, processes, prepares, or Ms. STABENOW) submitted an amend- chase of marijuana pursuant to a law (in- packages marijuana or marijuana products. ment intended to be proposed to cluding regulations) of the State or political (5) MARIJUANA-RELATED LEGITIMATE BUSI- amendment SA 3378 proposed by Mr. subdivision, a depository institution and the NESS.—The term ‘‘marijuana-related legiti- GRASSLEY (for himself, Mr. LEAHY, Mr. officers, director, and employees of the de- mate business’’ means a manufacturer, pro- ducer, or any person that— WHITEHOUSE, Mr. PORTMAN, Ms. KLO- pository institution that provides financial (A) participates in any business or orga- BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. services to a marijuana-related legitimate business may not be held liable pursuant to nized activity that involves handling mari- COONS, Mr. CORNYN, and Mr. DURBIN) to juana or marijuana products, including cul- the bill S. 524, to authorize the Attor- any Federal law (including regulations)— (1) solely for providing the financial serv- tivating, producing, manufacturing, selling, ney General to award grants to address ices pursuant to the law (including regula- transporting, displaying, dispensing, distrib- the national epidemics of prescription tions) of the State or political subdivision; uting, or purchasing marijuana or marijuana opioid abuse and heroin use; which was or products; and ordered to lie on the table; as follows: (2) for further investing any income de- (B) engages in such activity pursuant to a law established by a State or a political sub- At the end of title VII, add the following: rived from the financial services. division of a State. SEC. 705. EXPANSION OF THE EXCELLENCE IN (b) FORFEITURE.—A depository institution that has a legal interest in the collateral for (6) MARIJUANA.—The term ‘‘marijuana’’ MENTAL HEALTH ACT. has the meaning given the term ‘‘mari- Section 223(d)(3) of the Protecting Access a loan made to an owner or operator of a marijuana-related legitimate business, or to huana’’ in section 102 of the Controlled Sub- to Medicare Act of 2014 (42 U.S.C. 1396a note) stances Act (21 U.S.C. 802). is amended by striking ‘‘8’’ and inserting an owner or operator of real estate or equip- (7) MARIJUANA PRODUCT.—The term ‘‘mari- ‘‘24’’. ment that is leased to a marijuana-related legitimate business, shall not be subject to juana product’’ means any article which con- criminal, civil, or administrative forfeiture tains marijuana, including an article which SA 3393. Mr. MERKLEY (for himself, is a concentrate, an edible, a tincture, a Mr. PAUL, Mr. REID, Mr. BENNET, Mr. of that legal interest pursuant to any Fed- eral law for providing the loan. marijuana-infused product, or a topical. WYDEN, Mrs. MURRAY, and Ms. WAR- (8) PRODUCER.—The term ‘‘producer’’ SEC. l04. RULE OF CONSTRUCTION. REN) submitted an amendment in- means a person who plants, cultivates, har- Nothing in this title shall require a deposi- vests, or in any way facilitates the natural tended to be proposed by him to the tory institution to provide financial services growth of marijuana. bill S. 524, to authorize the Attorney to a marijuana-related legitimate business. General to award grants to address the (9) STATE.—The term ‘‘State’’ means each SEC. l05. REQUIREMENTS FOR FILING SUS- of the several States, the District of Colum- national epidemics of prescription PICIOUS ACTIVITY REPORTS. bia, Puerto Rico, and any territory or pos- Section 5318(g) of title 31, United States opioid abuse and heroin use; which was session of the United States. ordered to lie on the table; as follows: Code, is amended by adding at the end the At the appropriate place, insert the fol- following: SA 3394. Mr. LEAHY submitted an EQUIREMENTS FOR MARIJUANA-RE- lowing: ‘‘(5) R amendment intended to be proposed by LATED BUSINESSES.—A financial institution TITLE ll—MARIJUANA BUSINESSES or any director, officer, employee, or agent him to the bill S. 524, to authorize the ACCESS TO BANKING of a financial institution that reports a sus- Attorney General to award grants to SEC. l01. SHORT TITLE. picious transaction pursuant to a marijuana- address the national epidemics of pre- This title may be cited as the ‘‘Marijuana related legitimate business (as defined in scription opioid abuse and heroin use; Businesses Access to Banking Act of 2016’’. section 6 of the Marijuana Businesses Access which was ordered to lie on the table; SEC. l02. SAFE HARBOR FOR DEPOSITORY INSTI- to Banking Act of 2016) shall comply with ap- as follows: TUTIONS. propriate guidance issued by the Financial At the appropriate place, insert the fol- A Federal banking regulator may not— Crimes Enforcement Network. The Secretary lowing: (1) terminate or limit the deposit insur- shall ensure that the guidance is consistent SEC. ll. OPIOID ADDICTION TREATMENT. ance or share insurance of a depository insti- with the purpose and intent of the Marijuana Section 303(g)(2)(B)(ii) of the Controlled tution under the Federal Deposit Insurance Businesses Access to Banking Act of 2016 and Substances Act (21 U.S.C. 823(g)(2)(B)(ii)) is Act (12 U.S.C. 1811 et seq.) or the Federal does not inhibit the provision of financial amended by adding at the end the following: Credit Union Act (12 U.S.C. 1751 et seq.) sole- services to a marijuana-related legitimate ‘‘Not later than 2 years after the date of en- ly because the depository institution pro- business in a State or political subdivision of actment of the Comprehensive Addiction and vides or has provided financial services to a a State that has allowed the cultivation, Recovery Act of 2016, the federally regulated marijuana-related legitimate business; production, manufacturing, transportation, opioid addiction treatment infrastructure (2) prohibit, penalize, or otherwise discour- display, dispensing, distribution, sale, or shall be organized according to the hub and age a depository institution from providing purchase of marijuana pursuant to law or spoke model, so that the following goals are financial services to a marijuana-related le- regulation of the State or political subdivi- met without causing undue burden on physi- gitimate business; sion.’’. cian practices:

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.040 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1233 ‘‘(I) Opioid addicted individuals who are mined by the Secretary), which may be the (1) by striking ‘‘and’’ before ‘‘(H)’’; and patients in a federally regulated opioid ad- physician described in clause (ii); and (2) by inserting before the period at the end diction treatment program should be edu- ‘‘(B) develop, in consultation with the ap- the following: ‘‘, and (I) in the case of cov- cated about all treatment options and strat- plicable enrollee and with input from the ered compounded drugs that are prepared by egies. prescriber to the extent necessary and prac- a pharmacy for a specific individual, are dis- ‘‘(II) Each patient shall be offered an indi- ticable, a care plan for the applicable en- pensed, directly or indirectly, to the indi- vidualized assessment, followed by a treat- rollee that is intended to treat the applicable vidual, are necessary for the effective use of, ment plan developed with the patient’s in- enrollee’s pain and limit any unnecessary or therapeutic benefit from, an implanted in- volvement. opioid prescriptions when possible. fusion pump (regardless who refills the ‘‘(III) Patient compliance and progress ‘‘(5) PAYMENT.— pump), and are billed directly by the phar- should be monitored to protect against medi- ‘‘(A) IN GENERAL.—Under the model under macy, payment shall be made to the phar- cation diversion and to guide changes to the this subsection, the Secretary shall make a macy’’. treatment plan as needed. monthly payment to the PDP sponsor offer- (b) EFFECTIVE DATE.—The amendments ‘‘(IV) All practitioners participating in a ing the prescription drug plan for each appli- made by subsection (a) shall apply to drugs federally regulated opioid addiction treat- cable enrollee who receives services under dispensed on or after the date of the enact- ment program shall offer, either directly or the opioid abuse treatment program. ment of this Act. by referral, the treatments that are most ap- ‘‘(B) SHARED SAVINGS.—Under the model propriate for the patient. under this subsection, the Secretary shall SA 3397. Mr. HATCH (for himself and ‘‘(V) Substance Abuse and Mental Health (using a methodology determined appro- Mr. WHITEHOUSE) submitted an amend- Services shall ensure training on all avail- priate by the Secretary) make payments (in ment intended to be proposed to able treatments as well as treatments that addition to the payments under subpara- amendment SA 3378 proposed by Mr. graph (A)) to the PDP sponsor offering the may become available in the future.’’. GRASSLEY (for himself, Mr. LEAHY, Mr. prescription drug plan if the Secretary deter- WHITEHOUSE, Mr. PORTMAN, Ms. KLO- SA 3395. Mr. WYDEN (for himself, mines that total spending under parts A, B, BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. Mr. SCHUMER, and Mrs. MURRAY) sub- and D of title XVIII (and including the pay- COONS, Mr. CORNYN, and Mr. DURBIN) to mitted an amendment intended to be ments under subparagraph (A)) for applicable enrollees who receive services under the the bill S. 524, to authorize the Attor- proposed to amendment SA 3378 pro- opioid abuse treatment program is less than ney General to award grants to address posed by Mr. GRASSLEY (for himself, a historical benchmark of total spending the national epidemics of prescription Mr. LEAHY, Mr. WHITEHOUSE, Mr. under such parts A, B, and D for such enroll- opioid abuse and heroin use; which was PORTMAN, Ms. KLOBUCHAR, Ms. AYOTTE, ees or similar enrollees. Such benchmark ordered to lie on the table; as follows: Mr. GRAHAM, Mr. COONS, Mr. CORNYN, shall be adjusted at the Secretary’s discre- At the end, add the following: and Mr. DURBIN) to the bill S. 524, to tion for changes in law or regulation, unfore- authorize the Attorney General to seen circumstances, or advances in medical TITLE VIII—ENSURING PATIENT ACCESS AND EFFECTIVE DRUG ENFORCEMENT award grants to address the national practice. ‘‘(6) QUALITY.—Under the model under this ACT epidemics of prescription opioid abuse subsection, the Secretary shall measure the SEC. 801. SHORT TITLE. and heroin use; as follows: quality of care furnished by opioid abuse This title may be cited as the ‘‘Ensuring At the appropriate place, insert the fol- treatment programs, including elements re- Patient Access and Effective Drug Enforce- lowing: lated to access to care, the unnecessary use ment Act of 2016’’. SEC. ll. INCREASED ANTI-KICKBACKS PEN- of opioids, pain management, and the deliv- SEC. 802. REGISTRATION PROCESS UNDER CON- ALTIES. ery of behavioral health services. TROLLED SUBSTANCES ACT. Paragraphs (1) and (2) of section 1128B(b) of ‘‘(7) APPLICABLE ENROLLEE.—In this sub- (a) DEFINITIONS.— the Social Security Act (42 U.S.C. 1320a– section, the term ‘applicable enrollee’ means (1) FACTORS AS MAY BE RELEVANT TO AND 7b(b)) are each amended by inserting ‘‘(or, an individual who is, with respect to a pre- CONSISTENT WITH THE PUBLIC HEALTH AND beginning January 1, 2017, $50,000)’’ after scription drug plan— SAFETY.—Section 303 of the Controlled Sub- ‘‘$25,000’’. ‘‘(A) enrolled with the plan; and stances Act (21 U.S.C. 823) is amended by SEC. ll. CENTER FOR MEDICARE AND MED- ‘‘(B) an at-risk beneficiary for prescription adding at the end the following: ICAID INNOVATION TESTING OF drug abuse (as defined in section 1860D– ‘‘(j) In this section, the phrase ‘factors as OPIOID ABUSE TREATMENT PRO- 4(c)(5)(C)). may be relevant to and consistent with the GRAM MODEL FOR PART D PRE- ‘‘(8) MODEL NOT APPLICABLE TO MA–PD public health and safety’ means factors that SCRIPTION DRUG PLAN ENROLLEES. PLANS.—The model under this subsection are relevant to and consistent with the find- Section 1115A of the Social Security Act shall not apply to MA–PD plans or enrollees ings contained in section 101.’’. (42 U.S.C. 1315a) is amended— of such plans. (2) IMMINENT DANGER TO THE PUBLIC HEALTH (1) in subsection (b)(2)(A), by adding at the ‘‘(9) CLARIFICATION OF APPLICATION.—For OR SAFETY.—Section 304(d) of the Controlled end the following new sentence: ‘‘The models purposes of the preceding provisions of this Substances Act (21 U.S.C. 824(d)) is amend- selected under this subparagraph shall in- section (including paragraphs (3) and (4) of ed— clude the model described in subsection subsection (b) and subsections (d) and (f)), (A) by striking ‘‘(d) The Attorney General’’ (h).’’; and the model under this subsection shall be and inserting ‘‘(d)(1) The Attorney General’’; (2) by adding at the end the following new deemed to be a model under subsection (b).’’. and subsection: (B) by adding at the end the following: ‘‘(h) OPIOID ABUSE TREATMENT PROGRAM SA 3396. Mr. WICKER (for himself, ‘‘(2) In this subsection, the phrase ‘immi- MODEL.— Mr. BROWN, and Mr. COCHRAN) sub- nent danger to the public health or safety’ ‘‘(1) IN GENERAL.—The Secretary shall test mitted an amendment intended to be means that, due to the failure of the reg- a model requiring prescription drug plans proposed to amendment SA 3378 pro- istrant to maintain effective controls under part D of title XVIII to have in place, against diversion or otherwise comply with posed by Mr. GRASSLEY (for himself, directly or through appropriate arrange- the obligations of a registrant under this ments, an opioid abuse treatment program Mr. LEAHY, Mr. WHITEHOUSE, Mr. title or title III, there is a substantial likeli- for applicable enrollees in lieu of the medica- PORTMAN, Ms. KLOBUCHAR, Ms. AYOTTE, hood of an immediate threat that death, se- tion therapy management program under Mr. GRAHAM, Mr. COONS, Mr. CORNYN, rious bodily harm, or abuse of a controlled section 1860D–4(c)(2) with respect to such ap- and Mr. DURBIN) to the bill S. 524, to substance will occur in the absence of an im- plicable enrollees. authorize the Attorney General to mediate suspension of the registration.’’. ‘‘(2) START DATE.—The model under this award grants to address the national (b) OPPORTUNITY TO SUBMIT CORRECTIVE subsection shall start in plan year 2018. epidemics of prescription opioid abuse ACTION PLAN PRIOR TO REVOCATION OR SUS- ‘‘(3) SELECTION.—The Secretary shall select and heroin use; which was ordered to PENSION.—Subsection (c) of section 304 of the a limited number of Medicare part D regions lie on the table; as follows: Controlled Substances Act (21 U.S.C. 824) is in which to the model, giving priority to re- amended— gions based on the number of total opioid At the appropriate place, insert the fol- (1) by striking the last three sentences; prescriptions in the region. lowing: (2) by striking ‘‘(c) Before’’ and inserting ‘‘(4) REQUIREMENTS FOR PROGRAM.—Under SEC. ll. MEDICARE DIRECT PAYMENT TO PHAR- ‘‘(c)(1) Before’’; and an opioid abuse treatment program, the PDP MACIES FOR CERTAIN COM- (3) by adding at the end the following: sponsor offering the plan shall— POUNDED DRUGS THAT ARE PRE- ‘‘(2) An order to show cause under para- PARED BY THE PHARMACIES FOR A ‘‘(A) establish a care team that includes at SPECIFIC BENEFICIARY FOR USE graph (1) shall— least— THROUGH AN IMPLANTED INFUSION ‘‘(A) contain a statement of the basis for ‘‘(i) a pharmacist; PUMP. the denial, revocation, or suspension, includ- ‘‘(ii) a physician; and (a) IN GENERAL.—The first sentence of sec- ing specific citations to any laws or regula- ‘‘(iii) an individual licenced in a State with tion 1842(b)(6) of the Social Security Act (42 tions alleged to be violated by the applicant expertise in behavioral health (as deter- U.S.C. 1395u(b)(6)) is amended— or registrant;

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.044 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1234 CONGRESSIONAL RECORD — SENATE March 2, 2016 ‘‘(B) direct the applicant or registrant to (5) Hospitals, physicians, and other health ability of each applicable Indian health pro- appear before the Attorney General at a time care providers. gram (as defined in section 4 of the Indian and place stated in the order, but not less (6) State attorneys general. Health Care Improvement Act (25 U.S.C. than 30 days after the date of receipt of the (7) Federal, State, local, and tribal law en- 1603)) with the prescription drug monitoring order; and forcement agencies. program of the applicable State. ‘‘(C) notify the applicant or registrant of (8) Health insurance providers and entities (c) GAO STUDY.—Not later than 1 year the opportunity to submit a corrective ac- that provide pharmacy benefit management after the date of enactment of this Act, the tion plan on or before the date of appear- services on behalf of a health insurance pro- Comptroller General of the United States ance. vider. shall study and submit to the Committee on ‘‘(3) Upon review of any corrective action (9) Wholesale drug distributors. Indian Affairs of the Senate and the Com- plan submitted by an applicant or registrant (10) Veterinarians. mittee on Natural Resources of the House of pursuant to paragraph (2), the Attorney Gen- (11) Professional medical societies and Representatives a report identifying barriers eral shall determine whether denial, revoca- boards. to, and potential solutions to improve, co- tion, or suspension proceedings should be (12) State and local public health authori- ordination between— discontinued, or deferred for the purposes of ties. (1) each applicable Indian health program modification, amendment, or clarification to (13) Health services research organizations. (as defined in section 4 of the Indian Health such plan. Care Improvement Act (25 U.S.C. 1603)); and ‘‘(4) Proceedings to deny, revoke, or sus- SA 3398. Mr. UDALL submitted an (2) prescription drug monitoring programs pend shall be conducted pursuant to this sec- amendment intended to be proposed by in the United States. tion in accordance with subchapter II of him to the bill S. 524, to authorize the chapter 5 of title 5, United States Code. Such Attorney General to award grants to SA 3400. Mr. CORNYN (for himself proceedings shall be independent of, and not address the national epidemics of pre- and Mr. KIRK) submitted an amend- in lieu of, criminal prosecutions or other ment intended to be proposed to proceedings under this title or any other law scription opioid abuse and heroin use; which was ordered to lie on the table; amendment SA 3378 proposed by Mr. of the United States. GRASSLEY (for himself, Mr. LEAHY, Mr. ‘‘(5) The requirements of this subsection as follows: WHITEHOUSE, Mr. PORTMAN, Ms. KLO- shall not apply to the issuance of an imme- At the appropriate place, insert the fol- BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. diate suspension order under subsection lowing: COONS, Mr. CORNYN, and Mr. DURBIN) to (d).’’. SEC. ll. PRESCRIPTION DRUG ABUSE TRAINING SEC. 803. REPORT TO CONGRESS. AND SCREENING PROGRAMS. the bill S. 524, to authorize the Attor- (a) IN GENERAL.—Not later than 1 year A practitioner who registers or renews a ney General to award grants to address after the date of enactment of this Act, the registration under section 303(f) of the Con- the national epidemics of prescription Secretary of Health and Human Services, trolled Substances Act (21 U.S.C. 823(f)) opioid abuse and heroin use; which was acting through the Commissioner of Food shall, at the time of registering, certify to ordered to lie on the table; as follows: and Drugs, the Administrator of the Sub- the Attorney General that such practitioner At the appropriate place, insert the fol- stance Abuse and Mental Health Services has completed continuing medical education lowing: Administration, the Director of the Agency or nursing continuing education, as applica- SEC. lll. HIGH INTENSITY DRUG TRAFFICKING for Healthcare Research and Quality, and the ble— AREAS PROGRAM. Director of the Centers for Disease Control (1) in the case of a practitioner registering Section 707 of the Office of National Drug and Prevention, in coordination with the Ad- for the first time, with respect to prescrip- Control Policy Reauthorization Act of 1998 ministrator of the Drug Enforcement Admin- tion drug abuse; and (21 U.S.C. 1706) is amended— istration and in consultation with the Sec- (2) in the case of a practitioner renewing a (1) in subsection (o)— retary of Defense and the Secretary of Vet- registration, with respect to medical under- (A) in paragraph (1), by inserting ‘‘, heroin, erans Affairs, shall submit a report to the standing of the proper use of all drugs listed opioid, and synthetic drugs’’ after ‘‘meth- Committee on the Judiciary of the House of in the schedules under section 202 of the Con- amphetamine’’; and Representatives, the Committee on Energy trolled Substances Act (21 U.S.C. 812). (B) in paragraph (2)— and Commerce of the House of Representa- (i) in subparagraph (A), by inserting ‘‘, her- tives, the Committee on the Judiciary of the SA 3399. Ms. HEITKAMP submitted oin, opioid, and synthetic drug’’ after ‘‘meth- Senate, and the Committee on Health, Edu- an amendment intended to be proposed amphetamine’’; cation, Labor, and Pensions of the Senate by her to the bill S. 524, to authorize (ii) in subparagraph (B), by inserting ‘‘, identifying— the Attorney General to award grants heroin, opioids, synthetic drugs,’’ after (1) obstacles to legitimate patient access to address the national epidemics of ‘‘methamphetamine’’; and to controlled substances; prescription opioid abuse and heroin (iii) in subparagraph (C), by inserting ‘‘, (2) issues with diversion of controlled sub- heroin, opioids, synthetic drugs,’’ after stances; use; which was ordered to lie on the table; as follows: ‘‘methamphetamine’’; (3) how collaboration between Federal, (2) in subsection (p)(5), by striking ‘‘fiscal State, local, and tribal law enforcement At the end of title VI, add the following: year 2011’’ and inserting ‘‘fiscal years 2016 agencies and the pharmaceutical industry SEC. 602. COORDINATION OF PRESCRIPTION through 2020’’; and can benefit patients and prevent diversion DRUG MONITORING PROGRAMS (3) by adding at the end the following: WITH THE INDIAN HEALTH SERVICE. and abuse of controlled substances; ‘‘(r) HEROIN AND OPIOID RESPONSE STRAT- (4) the availability of medical education, (a) DEFINITION OF ELIGIBLE ENTITY.—In this EGY IMPLEMENTATION.—Using discretionary training opportunities, and comprehensive section, the term ‘‘eligible entity’’ means— funds made available under this section, the clinical guidance for pain management and (1) a State; or Director, in consultation with the official in opioid prescribing, and any gaps that should (2) an Indian tribe (as defined in section 4 charge of each high intensity drug traf- be addressed; of the Indian Self-Determination and Edu- ficking area, is authorized to implement a (5) beneficial enhancements to State pre- cation Assistance Act (25 U.S.C. 450b)). heroin and opioid response strategy in high scription drug monitoring programs, includ- (b) GRANTS FOR COORDINATION PILOT PRO- intensity drug trafficking areas on a nation- ing enhancements to require comprehensive GRAMS.— wide basis by— prescriber input and to expand access to the (1) IN GENERAL.—The Attorney General, ‘‘(1) coordinating multi-disciplinary efforts programs for appropriate authorized users; subject to the availability of appropriations, to address the threat of heroin and opioids; and may award grants to eligible entities under ‘‘(2) increasing data sharing among public (6) steps to improve reporting require- the Harold Rogers Prescription Drug Moni- safety and public health officials concerning ments so that the public and Congress have toring Program established under the De- heroin and opioid abuse trends and related more information regarding prescription partments of Commerce, Justice, and State, crime; and opioids, such as the volume and formulation the Judiciary, and Related Agencies Appro- ‘‘(3) enabling collaborative deployment of of prescription opioids prescribed annually, priations Act, 2002 (Public Law 107–77; 115 intervention, enforcement, and prevention the dispensing of such prescription opioids, Stat. 748) to carry out a pilot program de- resources to address heroin and opioid addic- and outliers and trends within large data scribed in paragraph (2). tion and heroin and opioid trafficking.’’. sets. (2) REQUIREMENTS.—An eligible entity (b) CONSULTATION.—The report under sub- awarded a grant under paragraph (1) to carry SA 3401. Mr. CORNYN (for himself section (a) shall incorporate feedback and out a pilot program shall coordinate with 1 and Mr. KIRK) submitted an amend- recommendations from the following: or more service units of the Indian Health ment intended to be proposed to (1) Patient groups. Service in the State or on the applicable In- (2) Pharmacies. dian land and meaningfully consult and en- amendment SA 3378 proposed by Mr. (3) Drug manufacturers. gage in a timely manner with Indian tribes GRASSLEY (for himself, Mr. LEAHY, Mr. (4) Common or contract carriers and ware- served by the service units to improve the WHITEHOUSE, Mr. PORTMAN, Ms. KLO- housemen. connection, coordination, and interoper- BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.042 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1235 COONS, Mr. CORNYN, and Mr. DURBIN) to prohibiting Federal financial participation the bill S. 524, to authorize the Attor- the bill S. 524, to authorize the Attor- for medical assistance for items or services ney General to award grants to address ney General to award grants to address that are provided to the woman outside of the national epidemics of prescription the national epidemics of prescription the institution.’’. opioid abuse and heroin use; which was (b) EFFECTIVE DATE.— opioid abuse and heroin use; which was (1) IN GENERAL.—Except as provided in ordered to lie on the table; as follows: ordered to lie on the table; as follows: paragraph (2), the amendment made by sub- In section 201(a)(1), strike ‘‘Indian tribe,’’ At the appropriate place, insert the fol- section (a) shall take effect on the date of and insert the following: ‘‘Indian tribe (as lowing: enactment of this Act. defined in section 901(a) of title I of the Om- SEC. lll. HEROIN RESPONSE STRATEGY. (2) RULE FOR CHANGES REQUIRING STATE nibus Crime Control and Safe Streets Act of Section 707 of the Office of National Drug LEGISLATION.—In the case of a State plan 1968 (42 U.S.C. 3791(a))),’’. In section 201(b)(2), strike ‘‘between State Control Policy Reauthorization Act of 1998 under title XIX of the Social Security Act criminal justice systems and State substance (21 U.S.C. 1706) is amended— which the Secretary of Health and Human abuse systems’’ and insert ‘‘between State or (1) in subsection (o)— Services determines requires State legisla- tribal criminal justice systems and State or (A) in paragraph (1), by inserting ‘‘, heroin, tion (other than legislation appropriating funds) in order for the plan to meet the addi- tribal substance abuse systems’’. opioid, and synthetic drugs’’ after ‘‘meth- In section 201(c)(2)(A), insert ‘‘, or in the tional requirements imposed by the amend- amphetamine’’; and case of an Indian tribe, Federal or tribal ment made by subsection (a), the State plan (B) in paragraph (2)— agencies,’’ after ‘‘local government agen- shall not be regarded as failing to comply (i) in subparagraph (A), by inserting ‘‘, her- cies’’. oin, opioid, and synthetic drug’’ after ‘‘meth- with the requirements of such title solely on In section 201(c)(2)(B), insert ‘‘if feasible,’’ amphetamine’’; the basis of its failure to meet these addi- before ‘‘demonstrate’’. (ii) in subparagraph (B), by inserting ‘‘, tional requirements before the first day of In section 201(c)(2)(C), insert ‘‘, or in the heroin, opioids, synthetic drugs,’’ after the first calendar quarter beginning after the case of an Indian tribe, a tribal criminal jus- ‘‘methamphetamine’’; and close of the first regular session of the State tice planning agency’’ after ‘‘agency’’. (iii) in subparagraph (C), by inserting ‘‘, legislature that begins after the date of the heroin, opioids, synthetic drugs,’’ after enactment of this Act. For purposes of the SA 3405. Mr. THUNE (for himself and ‘‘methamphetamine’’; and previous sentence, in the case of a State that Mr. BARRASSO) submitted an amend- (2) by adding at the end the following: has a 2-year legislative session, each year of ment intended to be proposed to ‘‘(r) HEROIN AND OPIOID RESPONSE STRAT- such session shall be deemed to be a separate amendment SA 3378 proposed by Mr. regular session of the State legislature. EGY IMPLEMENTATION.—Using discretionary GRASSLEY (for himself, Mr. LEAHY, Mr. funds made available under this section, the WHITEHOUSE, Mr. PORTMAN, Ms. KLO- Director, in consultation with the official in SA 3403. Mr. THUNE (for himself and charge of each high intensity drug traf- Mr. BARRASSO) submitted an amend- BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. ficking area, is authorized to implement a ment intended to be proposed to COONS, Mr. CORNYN, and Mr. DURBIN) to heroin and opioid response strategy in high amendment SA 3378 proposed by Mr. the bill S. 524, to authorize the Attor- intensity drug trafficking areas on a nation- GRASSLEY (for himself, Mr. LEAHY, Mr. ney General to award grants to address wide basis by— WHITEHOUSE, Mr. PORTMAN, Ms. KLO- the national epidemics of prescription ‘‘(1) coordinating multi-disciplinary efforts BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. opioid abuse and heroin use; which was to address the threat of heroin and opioids; ordered to lie on the table; as follows: ‘‘(2) increasing data sharing among public COONS, Mr. CORNYN, and Mr. DURBIN) to the bill S. 524, to authorize the Attor- In section 201(h)(1), insert after ‘‘between safety and public health officials concerning the agencies,’’ the following: ‘‘or between the heroin and opioid abuse trends and related ney General to award grants to address agencies and tribal governments,’’. crime; and the national epidemics of prescription In section 201(h), insert after paragraph (1) ‘‘(3) enabling collaborative deployment of opioid abuse and heroin use; which was the following: intervention, enforcement, and prevention ordered to lie on the table; as follows: (2) a State, unit of local government, or resources to address heroin and opioid addic- In section 2997(a)(2)(A) of title I of the Om- nonprofit organization that submits an ap- tion and heroin and opioid trafficking.’’. nibus Crime Control and Safe Streets Act of plication that proposes to use grant funds to 1968, as added by section 103 of the bill, in- facilitate or enhance planning and collabora- SA 3402. Mr. WYDEN submitted an tion with Indian tribes; and amendment intended to be proposed to sert after ‘‘1997’’ the following: ‘‘, or is an In- dian tribe’’. amendment SA 3378 proposed by Mr. In section 2997(a)(2)(B) of title I of the Om- SA 3406. Mr. THUNE (for himself and GRASSLEY (for himself, Mr. LEAHY, Mr. nibus Crime Control and Safe Streets Act of Mr. BARRASSO) submitted an amend- WHITEHOUSE, Mr. PORTMAN, Ms. KLO- 1968, as added by section 103 of the bill, in the ment intended to be proposed to BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. matter preceding clause (i), insert ‘‘or trib- amendment SA 3378 proposed by Mr. COONS, Mr. CORNYN, and Mr. DURBIN) to al’’ after ‘‘local’’. GRASSLEY (for himself, Mr. LEAHY, Mr. the bill S. 524, to authorize the Attor- In section 2997(a)(3)(A) of title I of the Om- WHITEHOUSE, Mr. PORTMAN, Ms. KLO- ney General to award grants to address nibus Crime Control and Safe Streets Act of BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. 1968, as added by section 103 of the bill, in- COONS, Mr. CORNYN, and Mr. DURBIN) to the national epidemics of prescription sert ‘‘or tribal’’ after ‘‘local’’. opioid abuse and heroin use; which was In section 2997(a)(3)(B) of title I of the Om- the bill S. 524, to authorize the Attor- ordered to lie on the table; as follows: nibus Crime Control and Safe Streets Act of ney General to award grants to address At the end of title VII, add the following: 1968, as added by section 103 of the bill, in- the national epidemics of prescription SEC. 705. MEDICAID COVERAGE PROTECTION sert ‘‘or tribal’’ after ‘‘local’’. opioid abuse and heroin use; which was FOR PREGNANT AND POST-PARTUM In section 2997 of title I of the Omnibus ordered to lie on the table; as follows: WOMEN WHILE RECEIVING INPA- Crime Control and Safe Streets Act of 1968, In section 2999(b) of title I of the Omnibus TIENT TREATMENT FOR A SUB- as added by section 103 of the bill, redesig- Crime Control and Safe Streets Act of 1968, STANCE USE DISORDER. nate subsections (e), (f), and (g) as sub- as added by section 204, in the matter pre- (a) MEDICAID STATE PLAN.—Section 1905(a) sections (f), (g), and (h), respectively, and in- ceding paragraph (1), strike ‘‘State law en- of the Social Security Act (42 U.S.C. 1396d(a)) sert after subsection (d) the following: forcement agencies’’ and insert ‘‘State, trib- is amended by adding at the end the fol- ‘‘(e) GEOGRAPHIC DISTRIBUTION.—The Attor- al, or local law enforcement agencies, or In- lowing new sentence: ‘‘In the case of a ney General shall ensure that, to the extent dian tribes served by the Bureau of Indian woman who is eligible for medical assistance practicable, the geographical distribution of Affairs,’’. on the basis of being pregnant (including grants under this section is equitable and in- through the end of the month in which the cludes a grant to an eligible entity in— SA 3407. Mr. MCCAIN submitted an 60-day period beginning on the last day of ‘‘(1) each State; her pregnancy ends),who is a patient in an ‘‘(2) rural, suburban, and urban areas; and amendment intended to be proposed to institution for mental diseases for purposes ‘‘(3) tribal jurisdictions. amendment SA 3378 proposed by Mr. of receiving treatment for a substance use GRASSLEY (for himself, Mr. LEAHY, Mr. disorder, and who was enrolled for medical SA 3404. Mr. THUNE (for himself and WHITEHOUSE, Mr. PORTMAN, Ms. KLO- assistance under the State plan immediately Mr. BARRASSO) submitted an amend- BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. before becoming a patient in an institution ment intended to be proposed to COONS, Mr. CORNYN, and Mr. DURBIN) to for mental diseases or who becomes eligible amendment SA 3378 proposed by Mr. the bill S. 524, to authorize the Attor- to enroll for such medical assistance while such a patient, the exclusion from the defini- GRASSLEY (for himself, Mr. LEAHY, Mr. ney General to award grants to address tion of ‘medical assistance’ set forth in the WHITEHOUSE, Mr. PORTMAN, Ms. KLO- the national epidemics of prescription subdivision (B) following paragraph (29) of BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. opioid abuse and heroin use; which was the first sentence shall not be construed as COONS, Mr. CORNYN, and Mr. DURBIN) to ordered to lie on the table; as follows:

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.043 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1236 CONGRESSIONAL RECORD — SENATE March 2, 2016 At the end of title VII, add the following: ‘‘SEC. 295. UNLAWFULLY HINDERING IMMIGRA- SEC. ll. EVALUATION OF THE HOSPITAL CON- SEC. 705. REFUGEES AND UNACCOMPANIED TION, BORDER, AND CUSTOMS CON- SUMER ASSESSMENT OF ALIEN CHILDREN. TROLS. HEALTHCARE PROVIDERS AND SYS- TEMS (HCAHPS) SURVEY; MORATO- (a) EQUITABLE TREATMENT OF UNACCOM- ‘‘(a) ILLICIT SPOTTING.—Any person who RIUM ON THE USE OF PAIN MANAGE- PANIED ALIEN CHILDREN.— knowingly transmits, by any means, to an- MENT MEASURES TO ASSESS HOS- (1) IN GENERAL.—Section 235(a)(2) of the other person the location, movement, or ac- PITAL PERFORMANCE SCORES William Wilberforce Trafficking Victims tivities of any Federal, State, local, or tribal UNDER THE MEDICARE VBP PRO- Protection Reauthorization Act of 2008 (8 law enforcement agency with the intent to GRAM IN ORDER TO ALLOW TIME U.S.C. 1232(a)) is amended— further a Federal crime relating to United FOR EVALUATION. (A) by striking the paragraph heading and States immigration, customs, controlled (a) EVALUATION.—The Secretary of Health inserting ‘‘RULES FOR UNACCOMPANIED ALIEN substances, agriculture, monetary instru- and Human Services (in this section referred CHILDREN.—’’; ments, or other border controls shall be fined to as the ‘‘Secretary’’) shall conduct an eval- (B) in subparagraph (A), by striking ‘‘who under title 18, imprisoned not more than 10 uation of the Hospital Consumer Assessment is a national or habitual resident of a coun- years, or both. of Healthcare Providers and Systems (HCAHPS) survey, including items on such try that is contiguous with the United ‘‘(b) DESTRUCTION OF UNITED STATES BOR- survey related to pain management. Such States’’; and DER CONTROLS.—Any person who knowingly (C) in subparagraph (C)— evaluation shall include an analysis of— and without lawful authorization destroys, (1) any implications of using such survey (i) by striking the subparagraph heading alters, or damages any fence, barrier, sensor, under the Medicare hospital value-based pur- and inserting ‘‘AGREEMENTS WITH FOREIGN camera, or other physical or electronic de- chasing program under section 1886(o) of the COUNTRIES.—’’; and vice deployed by the Federal Government to Social Security Act (42 U.S.C. 1395ww) on (ii) by striking ‘‘countries contiguous to control the border or a port of entry or oth- opioid prescribing practices; the United States’’ and inserting ‘‘Canada, erwise seeks to construct, excavate, or make (2) how best to revise such survey and any El Salvador, Guatemala, Honduras, Mexico, any structure intended to defeat, cir- effect that such revisions may have on qual- and any other foreign country that the Sec- cumvent, or evade any such fence, barrier, ity of care; and retary determines appropriate’’. sensor camera, or other physical or elec- (3) other areas determined appropriate by (2) APPLICABILITY.—The amendments made tronic device deployed by the Federal Gov- the Secretary. by subsection (a) shall apply to any unac- ernment to control the border or a port of (b) INPUT.—As part of conducting the eval- companied alien child who was apprehended entry— uation under subsection (a), the Secretary on or after October 1, 2015. ‘‘(1) shall be fined under title 18, impris- shall convene a group that includes the (b) EXPEDITED REMOVAL AUTHORITY FOR oned not more than 10 years, or both; and Interagency Pain Research Coordinating UNACCOMPANIED ALIEN CHILDREN FROM CER- ‘‘(2) if, at the time of the offense, the per- Committee, hospital representatives, physi- TAIN COUNTRIES.—Section 235(a)(5)(D) of the son uses or carries a firearm or who, in fur- cians and other health care providers, ex- William Wilberforce Trafficking Victims therance of any such crime, possesses a fire- perts in the fields of pain research and addic- Protection Reauthorization Act of 2008 (8 arm, that person shall be fined under title 18, tion research, and representatives of the ad- U.S.C. 1232(a)(5)(D)) is amended— imprisoned not more than 20 years, or both. diction community, pain management pro- (1) by striking the subparagraph heading ‘‘(c) CONSPIRACY AND ATTEMPT.—Any per- fessional organizations, and pain advocacy and inserting ‘‘EXPEDITED REMOVAL FOR UN- son who attempts or conspires to violate groups to provide the Secretary with input ACCOMPANIED ALIEN CHILDREN.—’’; subsection (a) or (b) shall be punished in the on the items to be evaluated. (2) in the matter preceding clause (i)— same manner as a person who completes a (c) REPORT.—Not later than March 1, 2017, (A) by inserting ‘‘described in paragraph violation of such subsection.’’. the Secretary shall submit to Congress a re- (2)(A) who is’’ after ‘‘Any unaccompanied (2) CLERICAL AMENDMENT.—The table of port on the evaluation conducted under sub- alien child’’; and contents in the first section of the Immigra- section (a), together with recommendations (B) by striking ‘‘, except for an unaccom- tion and Nationality Act is amended by in- for such legislation and administrative ac- panied alien child from a contiguous country serting after the item relating to section 294 tion as the Secretary determines to be ap- propriate. subject to exceptions under subsection the following: (a)(2),’’; and (d) MORATORIUM ON THE USE OF PAIN MAN- (3) by amending clause (i) to read as fol- ‘‘Sec. 295. Unlawfully hindering immigra- AGEMENT MEASURES TO ASSESS HOSPITAL lows: tion, border, and customs con- PERFORMANCE SCORES UNDER THE MEDICARE ‘‘(i) placed in an expedited removal pro- trols.’’. VBP PROGRAM IN ORDER TO ALLOW TIME FOR ceeding in accordance with section 235 of the (c) PROHIBITING CARRYING OR USE OF A EVALUATION.—Section 1886(o)(5)of the Social Immigration and Nationality Act (8 U.S.C. FIREARM DURING AND IN RELATION TO AN Security Act (42 U.S.C. 1395ww(o)(5)) is 1225);’’. ALIEN SMUGGLING CRIME.—Section 924(c) of amended— (c) INCREASING THE NUMBER OF REFUGEE title 18, United States Code, is amended— (1) in the first sentence of subparagraph ADMISSIONS FROM CERTAIN COUNTRIES.—Not- (1) in paragraph (1)— (A), by striking ‘‘subparagraph (B)’’ and in- withstanding any other provision of law, the (A) in subparagraph (A), by inserting ‘‘, serting ‘‘subparagraphs (B) and (C)’’; and President, in determining the number of ref- alien smuggling crime,’’ after ‘‘crime of vio- (2) by adding at the end the following new ugees who may be admitted under section lence’’ each place that term appears; and subparagraph: 207(a) for fiscal years 2016 and 2017, shall au- (B) in subparagraph (D)(ii), by inserting ‘‘, ‘‘(C) MORATORIUM ON USE MEASURES OF PAIN thorize the admission, in each such fiscal alien smuggling crime,’’ after ‘‘crime of vio- MANAGEMENT TO ASSESS HOSPITAL PERFORM- year, of— lence’’; and ANCE SCORES.— (1) up to 5,000 refugees from El Salvador; (2) by adding at the end the following: ‘‘(i) IN GENERAL.—With respect to pay- ments for discharges occurring during fiscal (2) up to 5,000 refugees from Guatemala; ‘‘(6) For purposes of this subsection, the year 2017, the performance of a hospital on and term ‘alien smuggling crime’ means any fel- (3) up to 5,000 refugees from Honduras. measures of pain management during the ony punishable under section 274(a), 277, or performance period for such fiscal year shall 278 of the Immigration and Nationality Act SA 3408. Mr. MCCAIN submitted an not be used in assessing the hospital per- (8 U.S.C. 1324(a), 1327, and 1328).’’. formance score of the hospital for such per- amendment intended to be proposed by (d) STATUTE OF LIMITATIONS.—Section 3298 him to the bill S. 524, to authorize the formance period. of title 18, United States Code, is amended by ‘‘(ii) NO AFFECT ON REPORTING OF SELECTED Attorney General to award grants to inserting ‘‘, 295, 296, or 297’’ after ‘‘274(a)’’. MEASURES.—Nothing in the clause (i) shall address the national epidemics of pre- affect the requirement for a hospital to re- scription opioid abuse and heroin use; SA 3409. Ms. COLLINS (for herself port measures selected under paragraph (2), which was ordered to lie on the table; and Mr. LANKFORD) submitted an including any measures related to pain man- as follows: amendment intended to be proposed to agement.’’. At the end of the amendment, add the fol- amendment SA 3378 proposed by Mr. lowing: SA 3410. Mr. REID submitted an GRASSLEY (for himself, Mr. LEAHY, Mr. amendment intended to be proposed to SEC. 705. UNLAWFULLY HINDERING IMMIGRA- WHITEHOUSE, Mr. PORTMAN, Ms. KLO- TION, BORDER, AND CUSTOMS CON- amendment SA 3378 proposed by Mr. TROLS. BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. GRASSLEY (for himself, Mr. LEAHY, Mr. (a) SHORT TITLE.—This section may be COONS, Mr. CORNYN, and Mr. DURBIN) to WHITEHOUSE, Mr. PORTMAN, Ms. KLO- cited as the ‘‘Transnational Criminal Organi- the bill S. 524, to authorize the Attor- BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. zation Illicit Spotter Prevention and Elimi- ney General to award grants to address COONS, Mr. CORNYN, and Mr. DURBIN) to nation Act’’. the national epidemics of prescription the bill S. 524, to authorize the Attor- (b) ENHANCED PENALTIES.— opioid abuse and heroin use; which was (1) IN GENERAL.—Chapter 9 of title II of the ney General to award grants to address Immigration and Nationality Act (8 U.S.C. ordered to lie on the table; as follows: the national epidemics of prescription 1351 et seq.) is amended by adding at the end At the appropriate place, insert the fol- opioid abuse and heroin use; which was the following: lowing: ordered to lie on the table; as follows:

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.046 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1237 At the end of title I, add the following: (I) significantly higher than the national U.S.C. 3797cc et seq.) (as added by section SEC. ll. SUPPORT FOR STATE RESPONSE TO average as determined by the Secretary (in- 401), strike the period at the end and insert SUBSTANCE ABUSE PUBLIC HEALTH cluding appropriate consideration of the re- ‘‘or tribal organization.’’. CRISIS AND URGENT MENTAL sults of the Monitoring the Future Survey In section 2999D(b)(5) of the Omnibus Crime HEALTH NEEDS. published by the National Institute on Drug Control and Safe Streets Act of 1968 (42 (a) IN GENERAL.—There are authorized to Abuse and the National Survey on Drug Use U.S.C. 3797cc et seq.) (as added by section be appropriated, and are appropriated, out of and Health published by the Substance 401), insert ‘‘Tribal Colleges and Universities monies in the Treasury not otherwise obli- Abuse and Mental Health Services Adminis- (as defined in section 316(b) of the Higher gated, $750,000,000 for each of fiscal years 2016 tration); or Education Act of 1965 (20 U.S.C. 1059c(b)))’’ and 2017, to the Secretary of Health and (II) higher than the national average, as after ‘‘universities,’’. Human Services (referred to in this section determined by the Secretary (including ap- In section 402(b)(2)(B)(i), insert ‘‘Indian af- as the ‘‘Secretary’’) to award grants to propriate consideration of the results of the fairs,’’ after ‘‘employment,’’. States to address the substance abuse public In subsection (r)(3)(B) of section 508 of the health crisis or to respond to urgent mental surveys described in subclause (I)), over a Public Health Service Act (42 U.S.C. 290bb–1) health needs within the State. In awarding sustained period of time; or (as amended by section 501(b)(2)), insert ‘‘In- grants under this section, the Secretary may (B) is a tribal organization (as defined in dian tribes and tribal organizations,’’ after give preference to States with an incidence section 4 of the Indian Health Care Improve- ‘‘agencies,’’. or prevalence of substance use disorders that ment Act (25 U.S.C. 1603)); In section 2999E of the Omnibus Crime Con- is substantial relative to other States or to In section 201(b)(1)(B)(vii), strike ‘‘and vet- States that identify mental health needs erans treatment courts’’ and insert ‘‘vet- trol and Safe Streets Act of 1968 (42 U.S.C. within their communities that are urgent erans treatment courts, and tribal courts’’. 3797cc et seq.) (as added by section 702), relative to such needs of other States. Funds In section 201(b)(2), insert ‘‘and tribal’’ strike the period at the end and insert ‘‘, of appropriated under this subsection shall re- after ‘‘State criminal’’. which not less than 5 percent shall be made main available until expended. In section 201(c)(2)(A), strike ‘‘State and’’ available to Indian tribes and tribal organi- (b) USE OF FUNDS.—Grants awarded to a and insert ‘‘State, tribal, and’’. zations (as defined in section 4 of the Indian State under subsection (a) shall be used for In section 201(c)(2)(D), strike ‘‘and’’ at the Health Care Improvement Act (25 U.S.C. one or more of the following public health- end. 1603)).’’. related activities: In section 201(c)(2)(E), strike the period at (1) Improving State prescription drug mon- the end and insert ‘‘; and’’. SA 3412. Mr. MERKLEY submitted an itoring programs. At the end of section 201(c)(2), add the fol- amendment intended to be proposed to (2) Implementing prevention activities, lowing: amendment SA 3378 proposed by Mr. (F) demonstrate consultation with affected and evaluating such activities to identify ef- GRASSLEY (for himself, Mr. LEAHY, Mr. Indian tribes. fective strategies to prevent substance WHITEHOUSE, Mr. PORTMAN, Ms. KLO- abuse. At the end of section 201, add the fol- BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. (3) Training for health care practitioners, lowing: such as best practices for prescribing opioids, (k) TRIBAL SET-ASIDE.—Not less than 5 per- COONS, Mr. CORNYN, and Mr. DURBIN) to pain management, recognizing potential cent of the amounts made available to carry the bill S. 524, to authorize the Attor- cases of substance abuse, referral of patients out this section for a fiscal year shall be ney General to award grants to address to treatment programs, and overdose preven- made available to Indian tribes and tribal or- the national epidemics of prescription tion. ganizations (as defined in section 4 of the In- opioid abuse and heroin use; which was (4) Supporting access to health care serv- dian Health Care Improvement Act (25 U.S.C. ordered to lie on the table; as follows: ices provided by Federally certified opioid 1603)). treatment programs or other appropriate At the end of section 203, add the fol- At the appropriate place, insert the fol- health care providers to treat substance use lowing: lowing: disorders or mental health needs. (c) TRIBAL SET-ASIDE.—Not less than 5 per- SEC. ll. IMPROVING MEDICARE COVERAGE FOR (5) Other public health-related activities, cent of the amounts made available to carry BENEFICIARIES WITH DRUG AND AL- COHOL ADDICTIONS. as the State determines appropriate, related out this section for a fiscal year shall be to addressing the substance abuse public made available to Indian tribes and tribal or- (a) ENSURING COVERAGE OF OPIOID DETOXI- health crisis or responding to urgent mental ganizations (as defined in section 4 of the In- FICATION UNDER MEDICARE PART A.— health needs within the State. dian Health Care Improvement Act (25 U.S.C. (1) IN GENERAL.—Section 1812 of the Social 1603)). Security Act (42 U.S.C. 1395d) is amended by SA 3411. Mr. TESTER submitted an In section 2999(b) of the Omnibus Crime adding at the end the following new sub- amendment intended to be proposed to Control and Safe Streets Act of 1968 (42 section: amendment SA 3378 proposed by Mr. U.S.C. 3797cc et seq.) (as added by section ‘‘(h) Coverage for opioid detoxification (as 204), in the matter preceding paragraph (1), defined by the Secretary) shall be available GRASSLEY (for himself, Mr. LEAHY, Mr. under this part in a similar manner as the WHITEHOUSE, Mr. PORTMAN, Ms. KLO- insert ‘‘and tribal’’ after ‘‘State’’. In section 302(e)(1), strike ‘‘and’’ at the coverage for alcohol detoxification is avail- BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. end. able under this part.’’. COONS, Mr. CORNYN, and Mr. DURBIN) to In section 302(e)(2)(B), strike the period at (2) EFFECTIVE DATE.—The amendment the bill S. 524, to authorize the Attor- the end and insert ‘‘; and’’. made by paragraph (1) shall apply to dis- ney General to award grants to address At the end of section 302(e), add the fol- charges occurring on or after October 1, 2016. the national epidemics of prescription lowing: (b) INCLUSION OF METHADONE AS A COVERED opioid abuse and heroin use; which was (3) consults with affected Indian tribes. PART D DRUG.— ordered to lie on the table; as follows: At the end of section 302, add the fol- (1) IN GENERAL.—Section 1860D–2(e)(1) of the Social Security Act (42 U.S.C. 1395w– In section 101(c)(1), strike subparagraphs lowing: 102(e)(1)) is amended— (H) and (I) and insert the following: (i) TRIBAL SET-ASIDE.—Not less than 5 per- (A) in subparagraph (A), by striking ‘‘or’’ (H) the National Institutes of Health; cent of the amounts made available to carry at the end; (I) the Office of National Drug Control Pol- out this section for a fiscal year shall be (B) in subparagraph (B), by striking the icy; and made available to Indian tribes and tribal or- comma at the end and inserting ‘‘; or’’; and (J) the Indian Health Service; ganizations (as defined in section 4 of the In- In section 101(d)(1)(C), strike ‘‘State and’’ dian Health Care Improvement Act (25 U.S.C. (C) by inserting after subparagraph (B) the and insert ‘‘State, tribal, and’’. 1603)). following new subparagraph: In section 101(f)(2), strike the period at the In section 2999B(a)(1)(D) of the Omnibus ‘‘(C) methadone for the treatment of opioid end and insert ‘‘and the Indian Health Serv- Crime Control and Safe Streets Act of 1968 dependence,’’. ice.’’. (42 U.S.C. 3797cc et seq.) (as added by section (2) EFFECTIVE DATE.—The amendments In section 2997(a) of the Omnibus Crime 303), strike ‘‘or’’ at the end. made by paragraph (1) shall apply to plan Control and Safe Streets Act of 1968 (42 In section 2999B(a)(1)(E) of the Omnibus year 2017 and subsequent plan years. U.S.C. 3797cc et seq.) (as amended by section Crime Control and Safe Streets Act of 1968 (c) PERMITTING SUBSTANCE ABUSE COUN- 103), strike paragraph (2) and insert the fol- (42 U.S.C. 3797cc et seq.) (as added by section SELORS TO FURNISH ALCOHOL AND DRUG lowing: 303), strike the period at the end and insert ABUSE THERAPY SERVICES UNDER MEDICARE (2) the term ‘‘eligible entity’’ means an or- ‘‘; or’’. PART B.— ganization that— At the end of section 2999B(a)(1) of the Om- (1) IN GENERAL.—Section 1842(b)(18)(C) of (A)(i) on or before the date of submitting nibus Crime Control and Safe Streets Act of the Social Security Act (42 U.S.C. an application for a grant under this section, 1968 (42 U.S.C. 3797cc et seq.) (as added by 1395u(b)(18)(C)) is amended by adding at the receives or has received a grant under the section 303), add the following: end the following new clause: Drug-Free Communities Act of 1997; and (F) a Bureau of Indian Education-funded ‘‘(vii) A substance abuse counselor (as de- (ii) has documented, using local or tribal school. fined by the Secretary) with respect to the data, rates of abuse of opioids or In section 2999D(a) of the Omnibus Crime furnishing of alcohol and drug abuse therapy methamphetamines at levels that are— Control and Safe Streets Act of 1968 (42 services (as defined by the Secretary) that

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.047 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1238 CONGRESSIONAL RECORD — SENATE March 2, 2016 such counselor is authorized to furnish under (3) consults with affected Indian tribes. mittee on Foreign Relations be author- State law.’’. In section 508(r)(3)(B) of the Public Health ized to meet during the session of the (2) EFFECTIVE DATE.—The amendment Service Act (42 U.S.C. 290bb–1) (as amended Senate on March 2, 2016, at 10 a.m., to made by paragraph (1) shall apply to items by section 501(b)(2)), insert ‘‘Indian tribes,’’ conduct a hearing entitled ‘‘Economic and services furnished on or after January 1, after ‘‘agencies,’’. 2017. In section 601(b)(4)(C)(vi), insert ‘‘and af- and Geopolitical Implications of Low fected Indian tribes’’ before ‘‘; and’’. Oil.’’ SA 3413. Mr. SCHATZ (for himself, In section 601(b)(5)(E), strike ‘‘and’’ at the The PRESIDING OFFICER. Without Mr. HATCH, Mr. TESTER, Mr. COCHRAN, end. objection, it is so ordered. In section 601(b)(5)(F), strike the period at and Ms. COLLINS) submitted an amend- COMMITTEE ON HOMELAND SECURITY AND the end and insert ‘‘; and’’. GOVERNMENTAL AFFAIRS ment intended to be proposed by him In section 601(b)(5), add at the end the fol- to the bill S. 524, to authorize the At- lowing: Mr. MCCONNELL. Mr. President, I torney General to award grants to ad- (G) ensures consultation with affected In- ask unanimous consent that the Com- dress the national epidemics of pre- dian tribes. mittee on Homeland Security and Gov- scription opioid abuse and heroin use; ernmental Affairs be authorized to which was ordered to lie on the table; SA 3416. Mr. BARRASSO submitted meet during the session of the Senate as follows: an amendment intended to be proposed on March 2, 2016. At the end of title I of the bill, add the fol- by him to the bill S. 524, to authorize The PRESIDING OFFICER. Without lowing: the Attorney General to award grants objection, it is so ordered. SEC. 104. ENHANCING BASIC AND APPLIED RE- to address the national epidemics of COMMITTEE ON VETERANS’ AFFAIRS SEARCH ON PAIN TO DISCOVER prescription opioid abuse and heroin THERAPIES, INCLUDING ALTER- Mr. MCCONNELL. Mr. President, I use; which was ordered to lie on the ask unanimous consent that the Com- NATIVES TO OPIOIDS, FOR EFFEC- table; as follows: TIVE PAIN MANAGEMENT. mittee on Veterans’ Affairs be author- (a) IN GENERAL.—Out of any money appro- In section 402(a), strike ‘‘or State’’ and in- ized to meet during the session of the priated to the National Institutes of Health sert ‘‘, State, or tribal’’. Senate on March 2, 2016, at 10 a.m., in In section 402(b)(2)(B)(iii), strike ‘‘State (referred to in this section as the ‘‘NIH’’) not room SD–G50 of the Dirksen Senate Of- otherwise obligated, the Director of the NIH and’’ and insert ‘‘State, tribal, and’’. may intensify and coordinate fundamental, In section 402(c)(1)(A), strike ‘‘or State’’ fice Building. translational, and clinical research of the and insert ‘‘, State, or tribal’’. The PRESIDING OFFICER. Without NIH with respect to— f objection, it is so ordered. (1) the understanding of pain; (2) the discovery and development of thera- AUTHORITY FOR COMMITTEES TO f pies for chronic pain; and MEET (3) the development of alternatives to COMMITTEE ON COMMERCE, SCIENCE, AND PRIVILEGES OF THE FLOOR opioids for effective pain treatments. TRANSPORTATION Mr. MERKLEY. Mr. President, I ask (b) PRIORITY AND DIRECTION.—The Mr. MCCONNELL. Mr. President, I prioritization and direction of the Federally unanimous consent that Tim Brown, a funded portfolio of pain research studies ask unanimous consent that the Com- research follow on my team, be allowed shall consider recommendations made by the mittee on Commerce, Science, and privileges of the floor. Interagency Pain Research Coordinating Transportation be authorized to meet The PRESIDING OFFICER. Without Committee in concert with the Pain Manage- during the session of the Senate on objection, it is so ordered. ment Best Practices Inter-Agency Task March 2, 2016, at 10 a.m., in room SR– Mr. BOOZMAN. Mr. President, I ask Force, and in accordance with the National 253 of the Russell Senate Office Build- unanimous consent that Jennifer Pain Strategy, the Federal Pain Research ing to conduct a hearing entitled DeVito, a fellow in my office, be grant- Strategy, and the NIH-Wide Strategic Plan ‘‘Oversight of the Federal Communica- for Fiscal Years 2016-2020, the latter which ed the privilege of the floor for the du- calls for the relative burdens of individual tions Commission.’’ ration of consideration of S. 524. diseases and medical disorders to be regarded The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without as crucial considerations in balancing the objection, it is so ordered. objection, it is so ordered. priorities of the Federal research portfolio. COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS f SA 3414. Mr. BARRASSO submitted Mr. MCCONNELL. Mr. President, I an amendment intended to be proposed ask unanimous consent that the Com- READ ACROSS AMERICA DAY by him to the bill S. 524, to authorize mittee on Environment and Public Mr. MCCONNELL. Mr. President, I the Attorney General to award grants Works be authorized to meet during ask unanimous consent that the Sen- to address the national epidemics of the session of the Senate on March 2, ate proceed to the consideration of S. prescription opioid abuse and heroin 2016, at 9:30 a.m., in room SD–406 of the Res. 384, submitted earlier today. use; which was ordered to lie on the Dirksen Senate Office Building, to con- The PRESIDING OFFICER. The table; as follows: duct a hearing entitled ‘‘Economic Op- clerk will report the resolution by In section 101(d)(1)(C), strike ‘‘and local’’ portunities from Land Cleanup Pro- title. and insert ‘‘, tribal, and local’’. grams and a Legislative Hearing on S. The legislative clerk read as follows: In section 101(f)(2), insert ‘‘and the Indian 1479, Brownfields Utilization, Invest- Health Service’’ before the period at the end. A resolution (S. Res. 384) designating ment, and Local Development Act of March 2, 2016, as ‘‘Read Across America SA 3415. Mr. BARRASSO submitted 2015, S. 2446, Improving Coal Combus- Day.’’ an amendment intended to be proposed tion Residuals Regulation Act of 2016 There being no objection, the Senate by him to the bill S. 524, to authorize and Discussion Draft of Good Samari- proceeded to consider the resolution. the Attorney General to award grants tan Cleanup of Orphan Mines Act of Mr. MCCONNELL. Mr. President, I to address the national epidemics of 2016.’’ ask unanimous consent that the reso- prescription opioid abuse and heroin The PRESIDING OFFICER. Without lution be agreed to, the preamble be use; which was ordered to lie on the objection, it is so ordered. agreed to, and the motions to recon- table; as follows: COMMITTEE ON FINANCE sider be considered made and laid upon In section 302(c)(2)(A), insert ‘‘or, in the Mr. MCCONNELL. Mr. President, I the table with no intervening action or case of an Indian tribe, Federal or tribal ask unanimous consent that the Com- debate. agencies’’ before ‘‘; and’’. mittee on Finance be authorized to The PRESIDING OFFICER. Without In section 302(e)(1), strike ‘‘and’’ at the meet during the session of the Senate objection, it is so ordered. end. on March 2, 2016. The resolution (S. Res. 384) was In section 302(e)(2), strike subparagraph (B) The PRESIDING OFFICER. Without agreed to. and insert the following: objection, it is so ordered. (B) concluded that the law described in The preamble was agreed to. subparagraph (A) provides adequate civil li- COMMITTEE ON FOREIGN RELATIONS (The resolution, with its preamble, is ability protection applicable to such persons; Mr. MCCONNELL. Mr. President, I printed in today’s RECORD under ‘‘Sub- and ask unanimous consent that the Com- mitted Resolutions.’’)

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MR6.051 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE March 2, 2016 CONGRESSIONAL RECORD — SENATE S1239 ORDERS FOR THURSDAY, MARCH When a vacancy arises, the President other work, the Senate’s consideration 3, 2016 shall nominate a replacement and the of Supreme Court nominees has been Mr. MCCONNELL. Mr. President, I Senate shall advise and consent by vot- remarkably expeditious. On average, ask unanimous consent that when the ing on that nominee. That is what the the Senate has voted 70 days after the Senate completes its business today, it plain language of the Constitution re- President’s nomination. When Justice adjourn until 9:30 a.m. tomorrow, quires, and that is what Presidents and Scalia died, 342 days remained in the Thursday, March 3; that following the the Senate have done throughout our President’s term—nearly a full quarter prayer and pledge, the morning hour be history. That is why, in the past 100 of his final term in office. Why has the years, the Senate has taken action on deemed expired, the Journal of pro- Senate, notorious for its glacial slow- every single Supreme Court nominee— ceedings be approved to date, and the ness, historically acted with such de- even those made during a Presidential time for the two leaders be reserved for liberate speed when it comes to our election year. Throughout our history, their use later in the day; further, that consideration of Supreme Court Jus- there have been at least 17 nominees following leader remarks, the Senate tices? confirmed by the Senate in Presi- resume consideration of S. 524. I suspect there are three principal dential election years. The last of these The PRESIDING OFFICER. Is there reasons: first, the constitutional clar- was Justice Kennedy in 1988. ity that commands us; second, the objection? This history reveals that when the unique nature of the responsibility—no Without objection, it is so ordered. chairman of the Judiciary Committee one else, including the House of Rep- f said last week that ‘‘[t]he fact of the resentatives, can exercise it; and third, matter is that it’s been standard prac- ORDER FOR ADJOURNMENT the essential importance of the Su- tice over the last 80 years to not con- Mr. MCCONNELL. Mr. President, if preme Court’s composition. firm Supreme Court nominees during a there is no further business to come be- With respect to the Supreme Court’s fore the Senate, I ask unanimous con- presidential election year,’’ he was in- correct. The fact of the matter is that composition, no less of an authority sent that it stand adjourned under the since the founding of this country, the than Justice Scalia himself explained previous order, following the remarks Senate has done its job even in an elec- it well. Asked to recuse himself from a of Senators CASEY and BENNET. case involving Vice President Cheney, The PRESIDING OFFICER. Without tion year. In fact, during one election year, the Senate voted to confirm not Justice Scalia rejected the suggestion objection, it is so ordered. that he should ‘‘resolve any doubts in The Senator from Colorado. just one but three Justices to fill va- cancies on the Court. The President favor of recusal.’’ He observed that f was none other than George Wash- such a standard might be appropriate if FILLING THE SUPREME COURT ington, and he was in the fourth year of he were on the court of appeals, where VACANCY his second term when that happened. his ‘‘place would be taken by another judge, and the case would proceed nor- Mr. BENNET. Mr. President, I am That Senate included some of our mally. On the Supreme Court, however, here tonight to discuss the Supreme Founders, delegates to the Constitu- the consequence is different: The court Court vacancy caused by Justice tional Convention. But, come to think proceeds with eight Justices, raising Antonin Scalia’s death. about it, what did they really know the possibility that, by reason of a tie First, I think it is important to re- about the Constitution? vote, it will find itself unable to re- flect on Justice Scalia’s life and pro- On that subject, by the way, it has solve the significant legal issue pre- found contribution and influence on been incredible in the truest sense of sented by the case.’’ the Court and our country. He was one the word to hear people—Senators and of the longest serving Justices in our even candidates for President who Justice Scalia then quoted the Su- Nation’s history, and, as far as I can claim to be, as Justice Scalia surely preme Court’s own recusal policy ob- tell, every single day he served, he ap- was, constitutional originalists or serving that, ‘‘[e]ven one unnecessary textualists—willfully ignore the plain plied his considerable intellect, integ- recusal impairs the functioning of the meaning of the Constitution in favor of rity, and wit to the work before him. Court.’’ If even one unnecessary Although I disagreed with many of this so-called standard practice. That recusal impairs the Court, imagine his decisions, I never doubted his com- is not a form of constitutional inter- what a 14-month vacancy would do. pretation with which I am familiar, but mitment to the rule of law. He was a Imagine if, in 2016, we had a repeat of it seems to be guiding the majority principled originalist. He was loyal to 2000, when the Supreme Court decided leader and the chairman of the Judici- his country. By all accounts, including Bush v. Gore, except with only eight ary Committee away from the text moving testimony from his children, he Justices on the bench. Imagine the they claim to revere. They wrote to- was devoted to his family and to his constitutional crisis our Nation would gether in the Washington Post: friends, including to Justice Ruth have to endure. It is today the American people, I know it has become fashionable for Bader Ginsburg, with whom he often rather than a lame-duck President disagreed. Washington politicians to tear down whose priorities and policies they just rather than work to improve the demo- Judge Scalia’s judicial philosophy rejected in the most-recent national was well understood when President cratic institutions that generations of election, who should be afforded the op- Americans have built. But to impair so Reagan nominated him to the Supreme portunity to replace Justice Scalia. cavalierly the judicial branch of our Court in 1986. Many Senators then op- I have a chart. I redlined the actual government is pathetic. It is a stand- posed his judicial approach, but in an words of the Constitution with the echoing indictment of today’s Senate claim of the majority leader and the ard one would expect of a lawless na- and its partisanship, 30 years ago the chairman of the Judiciary Committee. tion, rather than a nation committed U.S. Senate confirmed Justice Scalia We can see they bear no relationship to to the rule of law. It is the behavior of 98 to 0—a vote that testifies to Justice one another. In fact, only seven a petty kangaroo court, not of the U.S. Scalia’s qualifications and to the in- words—the black words—remain from Senate. And it threatens to deny jus- tegrity of Members of this body who the original constitutional text, in- tice to millions of Americans in the disagreed with his vision of the Con- cluding in those seven words a conjunc- name of petty politics. It is time for stitution but, exercising their constitu- tion, a definite article, and a preposi- the Senate to do its job, as every Sen- tional duty, refused to withhold their tion—otherwise known as ‘‘and,’’ ate before us has done. support for a qualified nominee. ‘‘the,’’ and ‘‘of.’’ I am not asking my colleagues to Here is what article II, section 2, Oh, and by the way, if we want to support the nominee. That is a matter clause 2 says about our and the Presi- talk about a real standard practice, the of conscience for each of us. But what dent’s duty: The President ‘‘shall President becomes a lameduck only is unconscionable is that the majority, nominate, and by and with the Advice after the election that is coming up if it keeps its word, will have no hear- and Consent of the Senate, shall ap- and only until the inauguration. ing, will hold no vote, and refuse even point . . . Judges of the supreme When we look at the history, it is the courtesy of a meeting with the Court.’’ telling that, unlike almost all our President’s nominee.

VerDate Sep 11 2014 07:08 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MR6.080 S02MRPT1 SSpencer on DSK9F6TC42PROD with SENATE S1240 CONGRESSIONAL RECORD — SENATE March 2, 2016 Speaking of doing our job, in view of Mr. CASEY. Mr. President, I ask nal intent of the Framers in this situa- the seriousness of the Court’s nomina- unanimous consent to speak as in tion. Often those same Republican Sen- tion, we should reconsider the major- morning business. ators come to the floor and make floor ity’s proposed 7-week summer recess The PRESIDING OFFICER. Without statements inciting the Constitution, for the Senate. In July and August objection, it is so ordered. but now they would completely ignore alone, we are barely in session for 8 Mr. CASEY. Mr. President, I, too, a constitutional directive. days. Unlike our responsibility to vote rise this evening to discuss the vacancy The Constitution is also clear with on Supreme Court nominees, the Sen- on the Supreme Court and the need for respect to the Senate’s duty to advise ate schedule is not enshrined in the the Senate to do its job and give fair and consent on the President’s nomi- Constitution. It is set by the majority. consideration to any nominee made by nee. No sincere reading could lead to In that connection, I am glad to in- President Obama to fill this seat on the the conclusion that the Senate would vite any of my colleagues to my office Supreme Court. Many of my Repub- be within its rights and upholding its to watch a video of a constituent of lican colleagues have vowed to block responsibility if it refused any poten- mine whom I met 2 weeks ago in Pueb- any nominee out of hand, and every tial nominee fair consideration. My Re- lo West. She manages a retail store and single Republican member of the Judi- publican colleagues argue they are ab- struggles every month to keep it going. ciary Committee has likewise vowed to solved of their responsibility to give Unlike the Senate, she has 22 vacation refuse any nominee a fair hearing. The fair consideration to a nominee simply days a year, not a month. Instead, she Senate majority leader, along with sev- because the Senate is constitutionally works a second job to pay for childcare eral other Republican Senators, went allowed to withhold its consent. so she can keep her main job. Millions as far to say they would not even meet That is one argument. It doesn’t of Americans are watching the Senate with the nominee. I am not sure I ever make sense, but that is the argument take the entire summer off and claim heard anything like that in my 9 years they make. The other argument is that there isn’t time to do our job. That in the Senate, going on 10. This is in- ‘‘we should let the American people de- doesn’t meet the standard of a great consistent, totally inconsistent with cide’’ by refusing to consider any nomi- nation or a great parliamentary body. our duty as U.S. Senators. nee until the next President takes of- What is worse is that this whole cha- Let me start tonight by saying to my fice. This denies precedent. Justice rade has become an extension of play- Republican colleagues, respectfully: Do Kennedy was confirmed in the last year ground politics, the childish pettiness your job. Do your job, consider this of President Ronald Reagan’s final that has metastasized in this Presi- nominee, and then vote whichever way term under a Democratic Senate, and dential primary season. you want. the Senate has confirmed 17 Supreme How far have we drifted from our We know the Supreme Court cannot Court nominees in Presidential elec- simple constitutional obligations when permanently function as the Constitu- tion years. one side refuses to even meet with any tion intends with only eight members. This point of view also neglects the prospective nominee? What message Last week I asked questions of a panel obvious fact that the American people does that send to the people of Colo- of experts, constitutional scholars, in- already decided in twice electing rado and across the country? Where I cluding Georgetown law professor Barack Obama to be our President. come from, taking your ball and going Peter Edelman at a steering committee Both the President and his office de- home isn’t acceptable behavior on the hearing in the Senate. These constitu- serve to be treated with respect. Deny- playground. How could it possibly be tional experts confirmed that because ing the President’s legitimate author- acceptable in the U.S. Senate? split decisions defer to the holding of ity to nominate a candidate for Su- Senate greatness, the national inter- the lower court, it is entirely possible preme Court is more than just an irre- est as a legislative guide, maturity, we could see a string of split decisions sponsible attempt to score political and comity will not be restored over- that would undermine the primary pur- points; it is a distortion of the separa- night or with a single decision. It has pose of the Supreme Court; that is, to tion of powers unprecedented in mod- taken far too long for us to travel down resolve differences in the opinions com- ern times. this destructive road to deadlock, ideo- Senate Republicans have not been logical rigidity, and bitter partisanship ing out of the various circuit courts granted authority to prematurely ter- for restoration of greatness to the Sen- across the country. This is no doubt why the Constitu- minate Presidential powers. They have ate to occur quickly, but we should tion provides specific instructions on not been granted that authority. The begin—we must begin, and we can filling Supreme Court vacancies. Arti- Senate has taken action on every Su- begin—with our treatment of some of preme Court nominee in the last 100 our most serious, even sacred duties: cle II, section 2 of the Constitution years, regardless of whether the nomi- the confirmation of the next Justice of states, in part, ‘‘[The President] shall nation was made in a Presidential elec- the Supreme Court. nominate, and by and with the Advice We are not here to pacify a political and Consent of the Senate, shall Ap- tion year, and not since the Civil War base or satisfy one or more special con- point . . . Judges of the Supreme has the Senate taken longer than a stituencies or rally our political par- Court.’’ year to fill a Supreme Court vacancy. ties. We are here to elevate our Repub- In both instances, the word ‘‘shall’’ is These nominees have always been seen lic, to make it a beacon for the world, used. There is no equivocation. It as entitled to timely consideration as to demonstrate how mature represent- doesn’t say ‘‘shall appoint at a certain well. Since 1975, the Senate has taken atives of sovereign States govern a ma- time in a presidency’’ or ‘‘may ap- an average of just 70 days from the ture nation. point.’’ It is very clear from the Con- date of nomination to the date of con- This Supreme Court nomination is stitution what the Senate must do and firmation. not a test of strength between the ex- what the President must do. Like many Senators here—virtually ecutive and legislative branches. It is a Barack Obama is the President of the every Senator who serves in this body test of our strength as leaders with an United States. According to the Con- receives mail all the time from our honorable history and a heritage of stitution, in the event of a vacancy on constituents. On this issue, I have re- wisdom and maturity. How we manage the U.S. Supreme Court, the President ceived thousands of letters urging the our constitutional duty to provide seri- of the United States shall nominate a Senate to fulfill its duty and give fair ous consideration and deliberation to a replacement. Nothing more needs to be consideration to the Supreme Court rare appointment to the Nation’s high- said to counter the, what I would nominee that the President chooses. est judicial office will determine argue, outrageous calls for the Presi- One particular letter came from a whether we deserve the respect of dent to refrain from nominating a re- woman by the name of Jane from Americans who rightly expect us to ex- placement simply because his 323 days Southeastern Pennsylvania, a commu- hibit dignity, mutual respect, and wis- left in office are fewer than 365 days. nity outside of Philadelphia. The letter dom on their behalf. To refrain would violate the letter of Jane sent me was profound in its sim- I yield the floor. the Constitution. plicity. Jane said that having an The PRESIDING OFFICER. The Sen- Republican Senators, for whatever understaffed Court would be ‘‘unfair to ator from Pennsylvania. reason, seem to disagree with the origi- the process of justice.’’

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LIONEL R. COLLINS, SR. POST Col. Miguel Encinias, who passed away on To put this remarkable feat in perspective, OFFICE BUILDING February 20th in Albuquerque at the age of Stephen Hoitt, Scout Executive of the Seneca 92. Waterways Council of the Boy Scouts of SPEECH OF A native of Las Vegas, New Mexico, Dr. America, has been involved with the organiza- HON. STEVE SCALISE Encinias served in World War II, the Korean tion for twenty-four years and notes that John OF LOUISIANA War, and the Vietnam War during his long and is the first Scout under his tutelage to com- IN THE HOUSE OF REPRESENTATIVES distinguished military career. After joining the plete all of the merit badges. With this Tuesday, March 1, 2016 New Mexico National Guard at the age of 16, achievement, John H. Folwell IV joins the elite in the heart of the Great Depression, he ap- number of approximately 270 Scouts nation- Mr. SCALISE. Madam Speaker, I rise in plied for and was accepted to the air cadet wide who have earned every merit badge of- support of H.R. 2458 and thank my colleague academy following the fered by the organization. and friend Congressman CEDRIC RICHMOND for in 1941, where he was one of the very few Joining the Boy Scouts of America was a his leadership in bringing this important bill to Hispanic pilots in the academy. Dr. Encinias natural step for John. His father, John H. the House floor. The Honorable Lionel R. Col- was shot down over Italy in 1944 and became Folwell III, in fact serves as a Scoutmaster for lins Sr. is a true Louisiana and American hero, a German prisoner of war until the Russians Troop 31. Mr. Folwell has dutifully guided his and this bill honors his life and achievements liberated his camp in 1945. He also flew in the son throughout this journey, including the Cy- with a fitting tribute. cling badge. In addition to several other biking Judge Collins served on the bench in the Korean and Vietnam Wars before retiring as a excursions, the Folwells traveled along the 24th Judicial District Court in Gretna, Lou- lieutenant colonel in 1971. During his career, isiana and was the first African-American he earned the Distinguished Flying Cross, two historic Erie Canal for fifty miles, completing elected to public office in my home parish of Purple Hearts, and fourteen Air Medals, mak- their trip in the required time of eight hours, Jefferson, Louisiana. He also led the efforts to ing him one of New Mexico’s most decorated despite a flat tire. Equally impressive is the level of determina- integrate Jefferson Medical Center and helped veterans. integrate Jefferson Parish public schools. Dr. Encinias continued to serve his country tion put forth by John to maximize his experi- Judge Collins had an innate sense of jus- after his time in the Air Force when President ences as a Boy Scout. Stating he ‘‘didn’t want tice. His colleagues described him as a ‘hard- Clinton asked him to join the World War II Me- to leave Scouting knowing that I had not done working, fair and honest judge . . . tough morial Advisory Board in 1995, where he it to its fullest,’’ his quest has taken him in when he had to be tough, but he had a sense helped oversee the creation of the World War many directions. He traveled to the Philmont of fairness.’ II Memorial, a Washington, D.C. landmark that Scout Ranch in New Mexico where he earned While we can never fully repay Lionel Col- reminds us of the bravery, triumph, and sac- the backpacking badge, appeared on stage in lins for his distinguished public service, we rifice of our soldiers who fought for our free- the role of Jud Fry in Oklahoma!, and instead can honor his life and legacy as a pioneering dom. of relaxing over a holiday break, created a civil rights attorney and an education cham- Dr. Encinias was also a passionate scholar, Morse code telegraph for the Signaling badge. pion in southeast Louisiana by passing this studying at Georgetown, the Institute of Polit- Clearly, John represents the spirit and te- legislation. Judge Collins made meaningful im- ical Studies in Paris, and earning his doctorate nacity of the 25th Congressional District of pacts that advanced equality, justice, health in Hispanic literature and Education at the Uni- New York, and I’m proud to represent him and care, and access to quality education. In fact, versity of New Mexico. He taught throughout all my constituents in the Rochester area. the Ames Montessori elementary school in the state of New Mexico and helped develop f Marrero was renamed Judge Lionel R. Collins New Mexico’s Bilingual Education program. RECOGNIZING THE 100TH ANNIVER- Elementary in 2011. He also wrote several books on the rich his- SARY OF THE OCKLAWAHA Our community is better for the life and tory of New Mexico. service of Judge Collins. CHAPTER, DAUGHTERS OF THE I want to personally thank Dr. Encinias for AMERICAN REVOLUTION I urge my colleagues to join me in support his many decades of service to his country of this measure to memorialize a respected and his state. His bravery on the battlefield, defender of civil liberties, and I urge passage HON. DANIEL WEBSTER passion for New Mexico, and love for his fam- of this legislation by Congressman RICHMOND. OF FLORIDA ily and friends will be sorely missed. I extend IN THE HOUSE OF REPRESENTATIVES f my sincere condolences to Dr. Encinias’ fam- PERSONAL EXPLANATION ily—Jeannine, his wife of 52 years; his three Wednesday, March 2, 2016 children; and four grandchildren—and hope Mr. WEBSTER of Florida. Mr. Speaker, I HON. PETER J. VISCLOSKY that during this sad time they find comfort in rise today to acknowledge a special occasion OF INDIANA the enduring legacy that Dr. Encinias leaves for the Ocklawaha Chapter, Daughters of the IN THE HOUSE OF REPRESENTATIVES behind. American Revolution of Eustis, Florida. In 1916, the Ocklawaha Chapter, named after Wednesday, March 2, 2016 f the area Ocklawaha River basin, was estab- Mr. VISCLOSKY. Mr. Speaker, on February RECOGNIZING JOHN H. FOLWELL lished and this year they celebrate their 100th 25, 2016, I regret that I was otherwise de- IV FOR EARNING ALL 141 BOY anniversary. It is my pleasure to recognize tained and unable to cast a vote on roll call SCOUTS OF AMERICA MERIT them on their Centennial. vote no. 88, on the motion to recommit with in- BADGES Since their establishment on March 31, structions H.R. 3624, the Fraudulent Joinder 1916, the Ocklawaha Chapter’s goal and Prevention Act. Had I been present, I would HON. LOUISE McINTOSH SLAUGHTER focus of serving the community through efforts have voted yes. OF NEW YORK of volunteerism, patriotism and education has f IN THE HOUSE OF REPRESENTATIVES remained constant. The Ocklawaha Chapter is HONORING DR. MIGUEL ENCINIAS dedicated to supporting local schools with do- Wednesday, March 2, 2016 nations and awards, and since their inception ´ Ms. SLAUGHTER. Mr. Speaker, I rise today has awarded hundreds of Good Citizen HON. BEN RAY LUJAN to acknowledge John H. Folwell IV of Fairport, Awards to local high school students, ROTC OF NEW MEXICO NY. John is currently a senior at McQuaid awards to cadets, and donated to National So- IN THE HOUSE OF REPRESENTATIVES Jesuit High School and is a member of Troop ciety Daughters of the American Revolution Wednesday, March 2, 2016 31 of the Boy Scouts of America who has founded schools. They donate American flags Mr. BEN RAY LUJA´ N of New Mexico. Mr. completed all 141 merit badges, and I rise to organizations such as post offices, court- Speaker, I rise today in memory of Dr. and Lt. today to recognize that achievement. houses, schools, and veterans’ groups, in

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

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.001 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS E258 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2016 need of our flag. In 1976, the Ocklawaha Yes on Roll Call No. 103—H.R. 136, To as a police officer in the Town of Hudson be- Chapter created and presented Bicentennial designate the facility of the United States fore joining the New Hampshire State Police. flags to the cities of Eustis, Mount Dora, and Postal Service located at 1103 USPS Building As his family, friends, neighbors and fellow Tavares. 1103 in Camp Pendleton, California, as the police officers knew, Geraghty was really one The Ocklawaha Chapter is dedicated to pro- Camp Pendleton Medal of Honor Post Office. of a kind. The dedication and compassion he moting patriotism, preserving American his- Yes on Roll Call No. 104—The Motion to demonstrated during his years of service are tory, and safeguarding America’s future Suspend the Rules and Pass H.R. 3735, the not—and will not—be forgotten. through better education for children. Their Maya Angelou Memorial Post Office. It takes a remarkable individual like James motto encapsulates that philosophy: ‘‘for God, f Geraghty to risk their life daily to keep us safe Home, and Country.’’ Through the strong lead- and protect us from harm. So let us take a ership displayed by the Ocklawaha Chapter, COLONY MEADOWS ELEMENTARY moment today and pause, reflect, and cele- they have earned both state and national rec- SCHOOL CELEBRATES 25 YEARS brate the life and valor of Lt. Geraghty. He put ognition. They have been honored with many his life on the line to protect the Granite State, awards including DAR Project Patriot, Cele- HON. PETE OLSON and we are forever grateful. brate America Award, Chapter Achievement OF TEXAS f Level 1 and 2, Bronze Honoring the Flag, IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO INDEPENDENT State and National Honor Roll, Literacy Pro- Wednesday, March 2, 2016 NEWSGROUP EDITOR BILL motion, Service for Veterans, and American CONSTINE History. Mr. OLSON. Mr. Speaker, I rise today to The excellence with which the Ocklawaha congratulate Colony Meadows Elementary Chapter serves the Central Florida community School on 25 years of nurturing and educating HON. JOHN R. MOOLENAAR is evident from their history and recognitions. our young children. OF MICHIGAN I commend them for their many achievements For the past quarter of a century, teachers IN THE HOUSE OF REPRESENTATIVES and I am pleased to congratulate them on the and educators at Colony Meadows in Sugar Wednesday, March 2, 2016 Land, TX, have helped to develop the bright celebration of their 100th anniversary. May Mr. MOOLENAAR. Mr. Speaker, I rise today minds of students in a fun and educational at- their leadership, service and patriotism inspire to pay tribute to the late Independent mosphere. many to follow in their footsteps. Newsgroup editor, Bill Constine. As the son of A lot has changed since this school opened f Vincent and Veronica, the husband of Beth its doors 25 years ago but one thing has re- and the father of Mindy, Chad and Kevin, Bill HONORING NEW HAMPSHIRE mained the same—Colony Meadows commit- made many contributions to Owosso, STATE REPRESENTATIVE ROB- ment to excellence. It has remained a great Shiawassee County and the great state of ERT A. LUTHER FOLLOWING HIS place for our future leaders to learn and grow. PASSING ON FEBRUARY 20, 2016 Michigan. Thank you to the many teachers and faculty Bill’s news career began in 1973 at WOAP, members who’ve worked so hard to make HON. FRANK C. GUINTA where he started as a DJ and became a pop- CMES great throughout the years. ular radio personality. Under his leadership as OF NEW HAMPSHIRE On behalf of the Twenty-Second Congres- news director, the station was recognized by IN THE HOUSE OF REPRESENTATIVES sional District of Texas, congratulations to Col- the Michigan for its excel- Wednesday, March 2, 2016 ony Meadows Elementary School on 25 suc- lence. Bill would go on to work at The Flint Mr. GUINTA. Mr. Speaker, I rise today to cessful years of educating our leaders of to- Journal and then WJSZ, a local radio station honor New Hampshire State Representative morrow. that he owned until 1994. For the past 25 Robert Luther of Laconia, New Hampshire. f years, Bill worked as a reporter and editor at On February 20, 2016, the State of New PERSONAL EXPLANATION the Independent Newsgroup, which publishes Hampshire lost a true public servant with Rob- local weekly and biweekly papers in ert’s passing. During this time of great sad- Shiawassee County, bringing our communities ness, we remember and celebrate the life of HON. XAVIER BECERRA the local news they need. not only a dedicated law enforcement officer OF CALIFORNIA As a leader, Bill challenged his employees and legislator, but also a father, husband and IN THE HOUSE OF REPRESENTATIVES to go out of their comfort zone, but never al- friend. Wednesday, March 2, 2016 lowed them to fail. He took people under his Representative Luther devoted his life to wing and helped them discover a love for writ- serving our communities and protecting our Mr. BECERRA. Mr. Speaker, I was unable ing. Known for his great attention to detail, en- families, first as a member of the U.S. Navy to cast my floor vote on roll call vote number thusiasm for pursuing stories, caring manner from 1965–1968, then as a police officer and 102. Had I been present for the vote, I would for his staff and his passion for Shiawassee security officer in the Laconia area from 1973– have voted ‘‘yes’’ on roll call vote number 102. County history, Bill’s positive impact on the 2009. A devoted public servant, he stayed en- f community will be felt for generations. gaged in local and state issues, serving as a HONORING NEW HAMPSHIRE On behalf of the Fourth Congressional Dis- member of the Laconia City Council and most STATE POLICE LT. JAMES ‘JIM’ trict of Michigan, I am honored today to recog- recently as a member of the New Hampshire GERAGHTY AFTER HIS PASSING nize Bill Constine for his lifetime of work as an House of Representatives. ON FEBRUARY 27, 2016 editor and community leader. As his family, friends, neighbors and all who f knew Robert would say, he was really one of a kind. The dedication and compassion he HON. FRANK C. GUINTA IN RECOGNITION OF MEDAL OF demonstrated during his years of service are OF NEW HAMPSHIRE HONOR RECIPIENT SENIOR CHIEF not—and will not—be forgotten. So let us take IN THE HOUSE OF REPRESENTATIVES SPECIAL WARFARE OPERATOR (SEAL) EDWARD C. BYERS, JR., a moment today and pause, reflect, and cele- Wednesday, March 2, 2016 brate the life of Representative Robert Luther. UNITED STATES NAVY Mr. GUINTA. Mr. Speaker, I rise today to f honor Granite State hero and fallen state po- HON. ROBERT E. LATTA PERSONAL EXPLANATION lice officer Lt. James Geraghty of Bedford, OF OHIO New Hampshire. IN THE HOUSE OF REPRESENTATIVES On February 27, 2016, the State of New HON. GRACE F. NAPOLITANO Wednesday, March 2, 2016 OF CALIFORNIA Hampshire lost a true Granite State hero when Lt. Geraghty succumbed to cancer. During this Mr. LATTA. Mr. Speaker, it is my privilege IN THE HOUSE OF REPRESENTATIVES time of great sadness, we remember and cele- to recognize United States Navy Senior Chief Wednesday, March 2, 2016 brate the life of not only a tremendous police Special Warfare Operator (SEAL) and Ohio Mrs. NAPOLITANO. Mr. Speaker, I was ab- officer, but also a father, husband and friend. native, Edward Byers, as the recipient of the sent on Tuesday, March 1, 2016. Had I been Geraghty devoted his life to protecting our Medal of Honor for his brave and heroic ac- present, I would have voted in the following families and our communities through his mili- tions during Operation Enduring Freedom on ways: tary service with the U.S. Army, and his time December 8–9, 2012.

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K02MR8.004 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS March 2, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E259 The citation for the Medal of Honor states: Colonel Nott received his commission as an RECOGNIZING CONNIE HUNT’S 80TH ‘‘For conspicuous gallantry and intrepidity at Infantry Officer in May 1986 and served one BIRTHDAY AND HER POLITICAL the risk of his life above and beyond the call year in the Iowa National Guard. He entered ACTIVISM of duty as Hostage Rescue Force Team Mem- active duty in April 1987 and served in Ger- ber in Afghanistan in support of Operation EN- many with the 1st Battalion, 41st Infantry HON. BLAKE FARENTHOLD DURING FREEDOM on 8–9 December 2012. Regiment. He next served on the 1st Brigade OF TEXAS As the rescue force approached the target staff and then Commander of B Company, 1st IN THE HOUSE OF REPRESENTATIVES building, an enemy sentry detected them and Battalion, 22nd Infantry Regiment within the darted inside to alert his fellow captors. The 10th Mountain Division. From 1995 to 1998 he Wednesday, March 2, 2016 sentry quickly reemerged, and the lead was a Military Science Instructor at Lehigh Mr. FARENTHOLD. Mr. Speaker, I rise assaulter attempted to neutralize him. Chief University Military Science Department. Nott today to recognize the 80th birthday of Ms. Byers with his team sprinted to the door of the entered the Active Guard Reserve program in Connie Hunt. Born on March 7, 1936, Connie target building. As the primary breacher, Chief 1999 with the 98th Division (Institutional Train- spent her career in civil service. She served Byers stood in the doorway fully exposed to ing) in Rochester, N.Y. In 2003 he was as- the government at every post where she, and enemy fire while ripping down six layers of signed to the 99th Regional Readiness Com- her husband lived until her retirement in 1986. heavy blankets fastened to the inside ceiling mand in Pittsburgh, Pa., as the Training Offi- She has also been active in the Calhoun and walls to clear a path for the rescue force. cer. In 2005 he was assigned to the 166th County Republican Party for over 20 years, The first assaulter pushed his way through the Aviation Brigade, Fort Riley, Kan., as the Bri- serving as Chairman or Vice Chairman for 18 blankets, and was mortally wounded by gade Executive Officer. From 2007 to 2009 he of those years. While volunteering as a tutor enemy small arms fire from within. Chief served as Commander, United States Army for high school students, she worked tirelessly Byers, completely aware of the imminent Garrison, Fort Devens, Mass. Nott became the to bring civics to life for Calhoun High School threat, fearlessly rushed into the room and en- Senior Operations Officer within the Office of students with the Calhoun High School Young gaged an enemy guard aiming an AK–47 at the Chief Army Reserve Employer Partnership Republican Club. him. He then tackled another adult male who Office, Washington, D.C. in 2010. Connie Hunt is a proud Texan and a tre- had darted towards the corner of the room. Colonel Nott deployed to Operations Desert mendous friend to the conservative cause. During the ensuing hand-to-hand struggle, Shield/Storm in Iraq, Hurricane Andrew Relief She has been an enthusiastic supporter of the Chief Byers confirmed the man was not the in Florida, Operation Restore Hope in Soma- principles that make our country what it is, and hostage and engaged him. As other rescue lia, and Operations Restore and Uphold De- her dedication and achievements are the team members called out to the hostage, mocracy in Haiti. types of things that make the United States so Chief Byers heard a voice respond in English Colonel Nott has committed his life to serv- exceptional. I am so proud to have constitu- and raced toward it. He jumped atop the ents like Connie. Happy birthday. American hostage and shielded him from the ing our country and has received many de- f high volume of fire within the small room. serving awards and decorations, including the While covering the hostage with his body, Purple Heart, Meritorious Service Medal with CONGRATULATING ANNAMARIE Chief Byers immobilized another guard with seven Oak Leaf Clusters, Army Commenda- GULINO GENTILE his bare hands, and restrained the guard until tion Medal with three Oak Leaf Clusters, Army a teammate could eliminate him. His bold and Achievement Medal with three Oak Leaf Clus- HON. DANIEL M. DONOVAN, JR. decisive actions under fire saved the lives of ters, National Defense Service Medal with OF NEW YORK the hostage and several of his teammates. By Bronze Service Star, Armed Forces Expedi- IN THE HOUSE OF REPRESENTATIVES his undaunted courage, intrepid fighting spirit, tionary Medal with Bronze Service Star, and unwavering devotion to duty in the face of Southwest Asia Service Medal with two Wednesday, March 2, 2016 near certain death, Chief Petty Officer Byers Bronze Service Stars, Global War on Ter- Mr. DONOVAN. Mr. Speaker, I rise today to reflected great credit upon himself and upheld rorism Medal, Humanitarian Service Medal congratulate Annamarie Gulino Gentile on re- the highest traditions of the United States with Bronze Service Star, United Nations ceiving the Community Service Award from Naval Service.’’ Medal (Somalia), Kuwait Liberation Medals, the Italian American Women of Staten Island. I extend my deepest thanks to Chief Byers Combat Infantry Badge, Expert Infantry Ms. Gentile graduated magna cum laude on his service to our nation and upon his re- Badge, Joint Meritorious Unit Award, the Val- from the State University of New York at Al- ceiving our nation’s highest military award, the orous Unit Award, and the Army Staff Identi- bany and received her J.D. from Brooklyn Law Medal of Honor. fication Badge. School. She then rose to become the Super- f Under Colonel Nott’s outstanding leader- vising Partner at Angiuli & Gentile, LLP, where ship, Fort McCoy has taken it to the next level she handles matters such as real estate, fam- CONGRATULATING COLONEL STE- as one of the most capable and desirable Re- VEN W. NOTT FOR HIS YEARS OF ily and matrimonial law, personal injury law, serve Component training installations in the and, particularly, elder law. With her extensive SERVICE AT FORT MCCOY, WIS- Army, providing stellar base operations sup- CONSIN background as an elder law attorney, port to over 150,000 Soldiers annually. During Annamarie advises families in the event that a his tenure, Colonel Nott focused on the impor- loved one requires long-term care. HON. RON KIND tance of Fort McCoy’s Strategic Plan and en- As a member of the National Academy of OF WISCONSIN suring that the base was a good neighbor and Elder Law Attorneys (NAELA) and as a De- IN THE HOUSE OF REPRESENTATIVES community partner. Thanks to Colonel Nott, partment of Veterans Affairs-Accredited Attor- Wednesday, March 2, 2016 Fort McCoy is well positioned for the future. ney, Annamarie has worked tirelessly to give Mr. KIND. Mr. Speaker, I rise today to honor It has been an honor for me to serve as our local veterans any and all legal advice the distinguished service of Colonel Steven W. U.S. Representative for Wisconsin’s Third they may need. Moreover, she is a passionate Nott, whose tenure as Garrison Commander Congressional District during Colonel Nott’s volunteer for various causes in support of sen- at Fort McCoy, Wisconsin, concludes March tenure at Fort McCoy. I know Colonel Nott’s ior citizens and those with special needs. But 11, 2016. Colonel Nott assumed his duties as leadership will be greatly missed at the base her service to the community doesn’t stop Garrison Commander on February 29, 2012. and surrounding communities, but I am thank- there. She is also the Chair of the Board of Di- Colonel Nott’s 31 years of dedicated service ful for his leadership and contributions to en- rectors of the Staten Island Chamber of Com- in the U.S. Army is noteworthy in every re- suring that Fort McCoy remains a shining star merce as well as Chair of the Community spect. He earned a bachelor’s degree in His- in the nation’s military training infrastructure. Agency for Senior Citizens (CASC). Ms. Gen- tory from the University of Wisconsin— On behalf of my constituents in Wisconsin tile was also a recipient of the Staten Island Platteville; a master’s degree in Education and a grateful nation, I would like to thank and Friends for Hospice Care Couple of the Year from Lehigh University, Bethlehem, Pa.; and a commend Colonel Steven W. Nott for his Award, and was an honoree of the Garibaldi’s master’s degree in Strategic Studies from the years of dedicated service in the U.S. Army Meucci Annual Luncheon for her involvement Army War College, Carlisle Barracks, Pa. His and in particular as Garrison Commander at as an Italian American in the Staten Island military education includes Ranger School, Air- Fort McCoy. I wish him, his wife Charlotte and community. borne School, Air Assault School, the Infantry their children Christian, Elissa, Bethany and Mr. Speaker, I can think of no one more de- Officer Advanced Course, and the Command Ethan the very best as they turn the page on serving of this award than Annamarie Gulino and General Staff College. the next chapter of their lives. Gentile. I thank her for all she has done for

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K02MR8.008 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS E260 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2016 our community, and I am proud to call her my group that preserves the legacy of the nation’s best teams in the NFL. Go Panthers and Keep constituent. first African American Marines, and was elect- Pounding! f ed the group’s first Vice President. Sgt. Jones f went on to found and head the Cincinnati ISIS chapter of the association. KELVIN ZHANG SPELLS HIS WAY Sadly, Sgt. Jones passed away on Sep- TO A WIN HON. TED POE tember 29, 1988 at the age of 70. But the im- OF TEXAS pact of his service lives on. HON. PETE OLSON IN THE HOUSE OF REPRESENTATIVES The freedom that our nation now enjoys is OF TEXAS due in large part to the sacrifices made by so IN THE HOUSE OF REPRESENTATIVES Wednesday, March 2, 2016 many individuals, like Sgt. Jones, who have Wednesday, March 2, 2016 Mr. POE of Texas. Mr. Speaker, the defini- committed themselves to our nation through tion of genocide is clear: it is the deliberate service in our Armed Forces. On behalf of a Mr. OLSON. Mr. Speaker, I rise today to and systematic destruction of a racial or cul- grateful nation, I sincerely thank Sgt. Jones congratulate Kelvin Zhang for winning the tural group. ISIS has been specifically and in- and all of the Montford Point Marines for their 2016 Alvin Independent School District (ISD) tentionally targeting Christians and other mi- commitment to protecting us and our free- Spelling Bee. norities for extermination for the past five doms. Kelvin, a fifth-grader at York Elementary School, competed against 18 other students years. Genocide is exactly what ISIS is doing. f ISIS is trying to destroy all those that do not from 4th through 8th grade within the Alvin conform to its beliefs. RECOGNIZING CAROLINA PAN- ISD. Over the course of 36 rounds, Kelvin won ISIS has already forced hundreds of thou- THERS HEAD COACH RON RI- his Spelling Bee title by perfectly spelling the sands of Christians to leave their ancestral VERA FOR BEING NAMED THE word ‘‘toboggan.’’ He advances to the Houston homes. For the first time since the time of 2015 NATIONAL FOOTBALL Public Media Spelling Bee on April 2nd. We Christ, there are almost no Christians left in LEAGUE COACH OF THE YEAR are very proud of Kelvin and wish him luck at some of these areas. Some of those who the Houston Public Media Spelling Bee. could not get out before ISIS came in have HON. RICHARD HUDSON On behalf of the Twenty-Second Congres- sional District of Texas, congratulations again been tortured, crucified, and executed. ISIS OF NORTH CAROLINA to Kelvin for winning the Alvin ISD Spelling has also targeted the Yezidi community of IN THE HOUSE OF REPRESENTATIVES Iraq. It slaughtered almost all the men of one Bee. Keep up the great work. Wednesday, March 2, 2016 community on Mount Sinjar and sold the f Mr. HUDSON. Mr. Speaker, I rise today to women and girls to satisfy the evil desires of PERSONAL EXPLANATION their fighters. honor Carolina Panthers Head Coach Ron Ri- ISIS is proud of these horrible atrocities. vera, who was named the National Football ISIS fighters post videos and pictures online of League Coach of the Year for the second time HON. AL GREEN their barbaric beheadings of Christians and in three years. Coach Rivera did an out- OF TEXAS others who refuse to bow to their ideology. standing job this year leading the Carolina IN THE HOUSE OF REPRESENTATIVES They hate, kidnap, and murder because Chris- Panthers, and he should be extremely proud Wednesday, March 2, 2016 tians and other ancient minority communities of this impressive distinction he has so rightly Mr. AL GREEN of Texas. Mr. Speaker, due will not renounce their faith. earned. to unforeseen circumstances, I missed the fol- Before this NFL season started, few people The world, including the United States, lowing votes: needs to be clear about what ISIS is doing. expected the Carolina Panthers to win enough H.R. 136—To designate the facility of the America must denounce murder because of a games to seriously compete for a spot in the United States Postal Service located at 1103 person’s religious belief. postseason playoffs. However, Coach Rivera USPS Building 1103 in Camp Pendleton, Cali- I am a cosponsor of H. Con. Res. 75 and never let the detractors get in the way of pre- fornia, as the ‘‘Camp Pendleton Medal of support its passage. Justice demands that paring his team to focus only on the challenge Honor Post Office’’. Had I been present, I ISIS be held accountable and justice is what directly in front of them. What happened over would have voted ‘‘YES’’ on this bill. must be done because justice is what we do the course of the season is almost unbeliev- H.R. 3735—To designate the facility of the in America. able, even to the most devoted Panthers fans. United States Postal Service located at 200 And that’s just the way it is. The Panthers won 15 of 16 games during the Town Run Lane in Winston Salem, North f regular season, making the Panthers only the Carolina, as the ‘‘Maya Angelou Memorial seventh team in NFL history to win 15 games, WILLIAM G. JONES Post Office’’. Had I been present, I would have and set a franchise record for the most vic- voted ‘‘YES’’ on this bill. tories in a single season. In the postseason, HON. BRAD R. WENSTRUP the Panthers hosted the NFC Championship in f OF OHIO Charlotte for the first time in the franchise’s NORWOOD VIEW ELEMENTARY IN THE HOUSE OF REPRESENTATIVES history and earned a spot in the Super Bowl SCHOOL CENTENNIAL for only the second time since the team’s first Wednesday, March 2, 2016 season in 1995. Needless to say, this was a HON. BRAD R. WENSTRUP Mr. WENSTRUP. Mr. Speaker, on behalf of fantastic season that will long be remembered OF OHIO the and the Second by the players, coaches and fans. IN THE HOUSE OF REPRESENTATIVES District of Ohio, I wish to commemorate the Coach Rivera deserves much of the credit life of Sgt. William G. Jones and recognize his for the Panthers’ success this year, and this Wednesday, March 2, 2016 receipt of the Montford Point Marines Con- award is a testament to the outstanding job he Mr. WENSTRUP. Mr. Speaker, on behalf of gressional Gold Medal. did preparing for each game and putting his the United States Congress and the Second A Virginia native, Sgt. William Jones moved players in the best position to achieve suc- District of Ohio, I congratulate the students to southern Ohio as a young man to attend cess. While he already had a reputation as a and teachers, past and present, of Norwood the University of Cincinnati, where he studied tough player and as one of the top defensive View Elementary School on their 100th anni- Business Administration. Upon graduation Sgt. minds in the sport, I believe this award, along versary. Jones spent a few years in the workforce, but with the continued success of the Panthers Providing a first-rate education for America’s was soon called to serve his country. During during his tenure as head coach, shows youth is one of our greatest responsibilities the height of World War II from 1942–1945, Coach Rivera is quickly becoming known as and is essential to creating the educated, pro- Sgt. Jones proudly served in the United States one of the finest coaches in the game. ductive, and innovative citizens who will shape Marine Corps, one of the first 100 African Mr. Speaker, please join me in congratu- our nation. Americans to do so. lating Carolina Panthers Head Coach Ron Ri- For the past 100 years, Norwood View Ele- When he returned to the United States, Sgt. vera for earning the 2015 NFL Coach of the mentary School has demonstrated a strong Jones continued to serve his country and his Year award. I look forward to seeing Coach commitment to the children in our community. community. He became a member of the Rivera build upon this historic season and fur- Thousands of students have graduated with a Montford Point Marine Association, a veterans’ ther cement the Panthers’ status as one of the quality education and countless memories.

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K02MR8.011 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS March 2, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E261 I sincerely thank the school for their con- through her love and positive attitude. Thank gins to show—something she once had to do tribution to the Norwood community, and I look you for making the community of Fort Bend a in Wisconsin—she can credit John, who suc- forward to their continued success in the years safer place for its residents. cessfully fought that policy all the way to the to come. On behalf of the Twenty-Second Congres- Supreme Court in 1971. That was precisely f sional District of Texas, congratulations again the kind of battle and victory he relished. to Dana Clement for being named Child Advo- John’s career began as an English and his- IN RECOGNITION OF EXETER BOR- cate of the Year. We appreciate all of her self- tory teacher in his native state of , OUGH POLICE CHIEF JOHN less and hard work. where his grandfather was a Supreme Court ‘‘MAXIE’’ MCNEIL FOR FORTY- f justice. He immediately became involved in his ONE YEARS OF PUBLIC SERVICE union and started, as he puts it, ‘‘raising a little RECOGNIZING THE GATHERING hell,’’ in contract negotiations over health in- HON. MATT CARTWRIGHT PLACE surance. Six years later, he was in the middle OF PENNSYLVANIA of a primary race to serve in the Montana IN THE HOUSE OF REPRESENTATIVES HON. EARL L. ‘‘BUDDY’’ CARTER House of Representatives when he withdrew OF GEORGIA his candidacy because he was offered the op- Wednesday, March 2, 2016 IN THE HOUSE OF REPRESENTATIVES portunity to pursue his true passion as execu- Mr. CARTWRIGHT. Mr. Speaker, I rise Wednesday, March 2, 2016 tive director of Madison Teachers Inc. (And no today to honor the distinguished career of Ex- one who knows John will be surprised to eter, Pennsylvania’s Police Chief John Mr. CARTER of Georgia. Mr. Speaker, I rise hear—he won that race anyway). ‘‘Maxie’’ McNeil, as he celebrates his retire- today to recognize The Gathering Place in At that time in 1968, MTI had 900 mem- ment from an extensive career in law enforce- Brunswick, Georgia and to congratulate them bers—it now has more than 4,000. Other vic- ment. Chief McNeil will be honored by friends on their 35th anniversary. tories John secured on behalf of the teachers and family on March 5, 2016. For forty-one Started by college students from the Univer- and other educational workers he represents years, Chief McNeil dedicated his life to ensur- sity of Georgia in 1979, this year marks the included the right to take time off for their reli- ing the safety and welfare of the people of Ex- 35th anniversary that The Gathering Place has gious holidays. In 1976, he led workers in a eter, thirty-two years as police chief. served the spiritual growth and development teachers’ strike that cemented his reputation Chief McNeil led his department with dedi- of youth in Glynn County. as a fierce advocate and fighter on behalf of The Gathering Place was originally known cation, honesty, and integrity. Over the years, the people and causes he represents. As Cap- as ‘‘Sunday Night Live at 8:45,’’ and after 2 he guided his beloved police department from ital Times Editor Emeritus Dave Zweifel put it successful summers of singing, skits, and a small town force into a skilled and mobile when John’s retirement was announced: ‘‘No messages about Jesus, the college students law enforcement agency capable of providing one I’ve known has been more committed to expanded the program and officially founded safety and security to the residents of a public education and what it means to Amer- The Gathering Place in June, 1981. changing Exeter. Under his leadership, he has ican democracy than Matthews.’’ He not only The Gathering Place has expanded since helped make Exeter and the surrounding com- stood up for his members, he served the chil- 1981 developing into a year round leadership munities a safer place for everyone. dren and families of our community sitting on development youth ministry with a highly di- I am grateful for Chief McNeil and the Exe- the board of such groups as Fair Wisconsin, verse group of attendees. Beginning with ter Police Department for their dedicated serv- Citizens Against Handgun Violence, Fighting around 100 participants, The Gathering Place ice. These courageous individuals face each Bob Fest, the Social Justice Center and the now has approximately 1,000 people attending moment not knowing for certain of the peril Citizens Utility Board. ‘‘The Main Event,’’ taking place each summer that may wait with the next challenge of the Yet John seeks to meet and converse with night which includes lights, music, videos, job. Yet they carry on, made strong by a re- opponents in an open and friendly fashion, gifts, speakers, and more. making regular lunch or coffee dates with ad- solve to protect and serve. Police officers, be The ministry of The Gathering Place has ac- they big city beat cops or small town sheriffs, versaries. The day former Madison Schools complished major spiritual achievements in the Superintendent Art Rainwater stepped into defend what is dear to us, including our loved youth of coastal Georgia as the organization’s ones, and we owe them a great deal of grati- that job, he phoned John right away that goal is to reach students with the word of morning to talk about building bridges and tude for standing as a shield from harm. Jesus Christ, equip them to be Christian lead- It is an honor to recognize John for his con- asked when they could get together. John ers, and to then send the students to spir- tribution to the safety of his community. I am quickly replied: ‘‘How about noon?’’ In articles itually impact their local communities. announcing his planned January 2016 retire- immensely thankful for his many contributions I am thankful to have The Gathering Place to the security of Exeter throughout his long ment, glowing quotes of praise for his work in the First Congressional District of Georgia came as frequently from his adversaries as career of public service. I wish him all the best and am proud to recognize the impact that it in retirement. from his allies. Anyone who has worked with is making in young Georgians’ lives. him also knows him to be a caring, warm f f friend with a great wit and deep dedication to DANA CLEMENT CHILD ADVOCATE RECOGNITION OF THE CAREER his colleagues and friends. OF THE YEAR AND RETIREMENT OF MR. JOHN It is an honor to recognize five decades of MATTHEWS dedication, passion and advocacy in John’s HON. PETE OLSON career with MTI. Anyone who knows John will not be at all surprised to hear that when asked OF TEXAS HON. MARK POCAN by reporters what he plans to do in his retire- IN THE HOUSE OF REPRESENTATIVES OF WISCONSIN ment, he answered that he would remain com- Wednesday, March 2, 2016 IN THE HOUSE OF REPRESENTATIVES mitted to social justice issues and helping peo- Mr. OLSON. Mr. Speaker, I rise today to Wednesday, March 2, 2016 ple. After all, it’s what he’s been doing for the congratulate Dana Clement for being named Mr. POCAN. Mr. Speaker, I rise today to past 50 years. the 2015 Child Advocate of the Year at the honor the career of a respected advocate and f Child Advocates of Fort Bend’s Annual Volun- relentless fighter for public education in my RECOGNIZING CAROLINA PAN- teer Celebration. district. For nearly half a century, John Mat- THERS QUARTERBACK CAM NEW- The non-profit agency, Child Advocates of thews has been at the helm of Madison TON FOR BEING NAMED THE 2015 Fort Bend, aims to serve as many children Teachers Inc. (MTI), steering the union NATIONAL FOOTBALL LEAGUE within their community as possible. Their mis- through such volatile events as the 1976 MOST VALUABLE PLAYER sion is to stop child abuse in its tracks and teachers’ strike, the recent public uprising help give these children a voice. The 200 against Act 10 and everything in between. HON. RICHARD HUDSON trained volunteers they have make it possible It is a testament to John’s work and what OF NORTH CAROLINA to help serve more than 400 kids on a monthly his union has continually done for them that in IN THE HOUSE OF REPRESENTATIVES basis. Dana is a critical volunteer for this November, Madison teachers voted over- agency thanks to her dedication through her whelmingly to recertify their union. Wednesday, March 2, 2016 time, energy and resources. We are so proud Today, when a pregnant teacher does not Mr. HUDSON. Mr. Speaker, I rise today to of Dana for helping to serve these kids have to resign her job as her pregnancy be- honor Carolina Panthers Quarterback Cam

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.009 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS E262 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2016 Newton, who was named the 2015 National have made selfless investments to meet the prestigious scholarships are funded by the Football League Most Valuable Player (MVP). humanitarian needs of the Syrian people and State Department through their Bureau of In his fifth season at the helm of the Carolina must be applauded for these efforts. Educational and Cultural Affairs. The Critical Panthers offense, Cam has become one of In addition to our strong geopolitical ties, Language Scholarship program aims to the NFL’s best players and has established economic cooperation is increasingly becom- spread diversity and critical language skills to himself as a leader his teammates trust and ing a major aspect of the Turkey-U.S. bilateral all of its awardees. We are proud of Joy for all depend upon. relationship. Turkey has become an indispen- of her hard work, and congratulate her on her Throughout the season, Cam played a cru- sable U.S. trading partner, constituting a large scholarship. cial role in the team’s success. With Cam as and growing market for United States exports. On behalf of the Twenty-Second Congres- quarterback, the Panthers were one of the In 2015, Turkey was identified as Europe’s sional District of Texas, congratulations again best offenses in the league—averaging over third-fastest growing economy, and its increas- to Joy for winning the Critical Language Schol- 30 points per game—and set a franchise ing energy demand makes it an appealing arship Award. Keep up the great work. record for most wins in a regular season after market for continued U.S. investment. winning 15 of their 16 games. Cam also led Mr. Speaker, with the continuing threat of f the Panthers to their second NFC Champion- the Islamic State, the uncertainty of the situa- ship with a commanding 49–15 victory over tion in Syria, and an ever increasingly IN HONOR OF DOMENIC LALLI OF the Arizona Cardinals, completing 19 of his 28 globalized economy it is now more important WATERTOWN, MA passes for 335 yards and two touchdowns than ever to reaffirm our commitment to, and while also scoring two touchdowns running the cooperation with, the Republic of Turkey. I football. This performance demonstrated look forward to strengthening and growing the HON. STEPHEN F. LYNCH Cam’s importance to the team and is a clear U.S.-Turkey relationship in the years ahead. OF MASSACHUSETTS example of why he deserved the league’s f MVP award. IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF THE PEOPLE In addition to his outstanding performance Wednesday, March 2, 2016 and exceptional leadership on the field, Cam OF NAGORNO-KARABAKH has been an active member of the community Mr. LYNCH. Mr. Speaker, I rise today in and has made public service an important pri- HON. DAVID G. VALADAO honor of Domenic Lalli in recognition of his ority in his life. Shortly after arriving in the OF CALIFORNIA outstanding contributions to the Xaverian NFL, he established the Cam Newton Founda- IN THE HOUSE OF REPRESENTATIVES Brothers High School in Westwood, Massa- tion to help the young people of Charlotte, and Wednesday, March 2, 2016 chusetts, and to commend him for forty years in his hometown of Atlanta. Through this foun- of dedication to the education of young men. Mr. VALADAO. Mr. Speaker, I rise today dation, Cam has been able to provide many An accomplished athlete, Mr. Lalli excelled with my colleague, Representative DEVIN young people the resources and support they in football at Watertown High School, and was NUNES, to recognize the people of Nagorno- need to pursue their childhood dreams and inducted into the Watertown High School Hall Karabakh. ambitions. of Fame. He served as football coach there as Over the course of the past century, the Ar- While Cam earned this award by distin- well. Further, Mr. Speaker, Mr. Lalli was cap- menian people have been subject to some of guishing himself as one of the most gifted tain of the football team at Boston University, the worst treatment in modern history. From players in the game today, and his dedication and he was the USA Natural Bodybuilding the Armenian genocide and the repressive to helping others and serving as a role model Champion in 1991. He went on to win the Mr. years under Soviet rule, to the pogroms com- to young people across the country further ex- Massachusetts Master’s Division in 2004. emplifies why he is a champion both on and mitted against Armenians in the cities of off the field. I look forward to seeing Cam Sumgait, Kirovabad, and Baku, the tragic Mr. Lalli received a Bachelor of Science in back on the field next season, building off this plight of the Armenian people in their search Human Movement Health and Leisure from historic season and further establishing him- for freedom cannot be overstated. Boston University and earned a Master’s in self as one of the most elite quarterbacks in As a nation built on the concept of freedom, Education from Boston State College. He is the game. the United States must support those who put also a graduate of the Catholic Schools Lead- Mr. Speaker, please join me in congratu- their safety on the line in the pursuit of that ership Program at Boston College. lating Carolina Panthers Quarterback Cam most basic human right. The people of Mr. Lalli began his career at Xaverian in Newton for being named the 2015 NFL MVP, Nagorno-Karabakh have suffered enough 1976, teaching Physical Education and coach- and thanking him for his continued service to under Azerbaijan’s aggressive policies, and it ing track and football. In 1984, he was ap- the people of our community. Go Panthers is time for the international community to rec- pointed as the Administrator of Students. Mr. and Keep Pounding! ognize their right to self-determination. Lalli was appointed Principal of Xaverian in f Today, I rise to recognize the Armenian 1991, the same year that Brother Daniel people, especially the people of Nagorno- Skala, C.F.X. became Headmaster. U.S.-TURKEY BILATERAL Karabakh, who struggle for the same things Mr. Speaker, Mr. Lalli has influenced sev- RELATIONS the United States fought for over 200 years eral generations of young men and is beloved ago: life, liberty, and the pursuit of happiness. by countless alumni, parents, and trustees. An HON. ALCEE L. HASTINGS f outstanding leader, he has shaped a strong OF FLORIDA JOY GASSAMA WINS CRITICAL community where respect for everyone, no IN THE HOUSE OF REPRESENTATIVES LANGUAGE SCHOLARSHIP AWARD matter their differences, is the norm. He has Wednesday, March 2, 2016 served as an extraordinary role model in his care and concern for all. Throughout his ten- Mr. HASTINGS. Mr. Speaker, I rise today to HON. PETE OLSON ure at Xaverian, Mr. Lalli has touched the lives recognize the strong and important relation- OF TEXAS of 7,951 students, in addition to the current ship between the Republic of Turkey and the IN THE HOUSE OF REPRESENTATIVES student body of 950. United States. For years, Turkey has been an indispensable strategic, geopolitical and eco- Wednesday, March 2, 2016 Mr. Lalli was born and raised in Watertown, nomic partner of the U.S. Mr. OLSON. Mr. Speaker, I rise today to MA where he lives today with his wife Lydia. Turkey is a significant ally in confronting the congratulate Joy Gassama of Sugar Land, TX They are the proud parents of two children, challenges of the 21st century, such as inter- for winning a U.S. State Department Critical Daniel, a graduate of Xaverian, and Victoria, national terrorism, ethnic and religious extre- Language Scholarship (CLS) Award for 2015. and they are blessed with two grandchildren, mism, energy security, and the proliferation of Joy is currently a student at the University Connor and Colbie. weapons of mass destruction. Ankara is a of Texas-Austin. Through her CLS scholar- Mr. Speaker, it is my distinct honor to take central stakeholder in the ongoing efforts to ship, she was hosted in Meknes Morocco, the floor of the House today to join with resolve the Syrian Civil War and aid its vic- where she became proficient in Advanced Be- Domenic Lalli’s family, friends, and contem- tims. I witnessed this firsthand when I visited ginning level Arabic. CLS recipients, like Joy, poraries to thank him for his forty years of re- a refugee camp in Kilis, Turkey. The Turkish are sent abroad to study the language and the markable service to Xaverian Brothers High government and other surrounding nations culture of the region they are hosted in. These School.

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MR8.014 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS March 2, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E263 PERSONAL EXPLANATION State Department through their Bureau of ger is the direct result of persistent poverty Educational and Cultural Affairs. The Critical and continued cuts to vital safety net pro- HON. XAVIER BECERRA Language Scholarship program aims to grams. OF CALIFORNIA spread diversity and critical language skills to As a young mother, I struggled to keep food IN THE HOUSE OF REPRESENTATIVES all of its awardees. We are proud of Sofia for on the table for my two little boys. Food all of her hard work, and congratulate her on stamps, or SNAP as we call it now, was a Wednesday, March 2, 2016 her scholarship. bridge over troubled water for my family. Mr. BECERRA. Mr. Speaker, I was unable On behalf of the Twenty-Second Congres- Thanks to this safety net, I was able to get my to cast my floor vote on roll call vote numbers sional District of Texas, congratulations again degree, start a small business, and eventually 92, 93, 94, 95, 96, 97, 98, 99, 100 and 101. to Sofia for winning the Critical Language be elected to Congress. Had I been present for the vote, I would Scholarship Award. Keep up the great work. Surely we should be providing these bene- have voted ‘‘no’’ on roll call vote numbers 95, f fits for all families? 96, 97, 98, and 101. Programs like SNAP, housing vouchers, HUNGER Had I been present for the vote, I would , Medicaid and Pell Grants help have voted ‘‘yes’’ on roll call vote numbers 92, families lift themselves out of poverty and 93, 94, 99, and 100. HON. BARBARA LEE were critical to President Johnson’s War on OF CALIFORNIA f Poverty. IN THE HOUSE OF REPRESENTATIVES And SNAP—which is our nation’s first line of RECOGNIZING MS. DIXIE WHIT- Wednesday, March 2, 2016 defense against hunger—is also a critical tool MAN’S WORK FOR THE MILITARY Ms. LEE. Mr. Speaker, I thank Congress- in the fight against poverty. In 2015, it kept WORKING DOG TEAM SUPPORT nearly 5 million Americans—including 2.2 mil- ASSOCIATION man MCGOVERN for the tireless work he does every day for hungry families and children. lion children—out of poverty in 2014. I rise as Chair of the Democratic Whip’s We should be strengthening these programs HON. TOM PRICE Task Force on Poverty, Income Inequality, and instead of cutting them. Mr. Speaker, we need real solutions to OF GEORGIA Opportunity, which Congressman MCGOVERN IN THE HOUSE OF REPRESENTATIVES is also a member of and I want to thank him these very real problems. My legislation, the Half in Ten Act (H.R. 258), would develop a Wednesday, March 2, 2016 for that and for our SNAP challenge almost 3 years ago. That was truly an eye opener and national strategy to cut poverty in half over the Mr. TOM PRICE of Georgia. Mr. Speaker, so important to make sure we stop any cuts next decade. That’s more than 23 million today I would like to speak in honor of Dixie from this critical program. Americans lifted out of poverty and into the Whitman. The organization she cofounded, Mr. Speaker, persistent hunger is truly a middle class in just the next 10 years. Military Working Dog Team Support Associa- stain on our nation. We must recognize that addressing food in- tion, Inc., supports American military working Fourteen percent of households in Amer- security in America is a critical first step in this canines and their handlers. ica—that’s nearly one in seven—are food in- ongoing war on poverty. We can do this, and Ms. Whitman started the organization ten secure. we can do so much more. years ago in her garage, back when it was These are people, who despite working full f only a group of a few neighbors and friends in time, simply don’t earn enough to feed their PERSONAL EXPLANATION Georgia. Under Ms. Whitman’s leadership and families. For these families, putting food on through her tireless work the non-profit has the table is a constant struggle. expanded to eight more states. All of the It is truly a disgrace that in the richest and HON. GEORGE HOLDING workers are volunteers who are united in the most powerful nation, that this many families OF NORTH CAROLINA common good of serving both human and ca- are going hungry every day. IN THE HOUSE OF REPRESENTATIVES nine soldiers. Since the founding in 2006, And this burden is hard on children. More Wednesday, March 2, 2016 MWDTSA has sent over 3,500 care packages than 15.3 million American children are living to currently deployed Military Working Dog in food-insecure households today. Let me say Mr. HOLDING. Mr. Speaker, on roll call No. teams. These packages contain everything that again: more than 15 million kids are at 99, I would have voted ‘‘Nay’’ on roll call vote from dog treats and boots for the dogs to risk of going to bed hungry—every night. No. 99, on the Huffman Amendment to H.R. DVDs for the handlers. And hunger is far from color blind. 2406, to protect and enhance opportunities for Mr. Speaker, Dixie had to step down from We know that communities of color are dis- recreational hunting, fishing, and shooting, and the organization that she poured her heart and proportionately affected by hunger. For exam- for other purposes, on February 26, 2016. I soul into this year but she will continue to be ple in 2014: missed the vote due to being unavoidably de- the heartbeat of the Military Working Dog One in four African American households tained. Team Support Association. On behalf of the and f Sixth District of Georgia, I would like to thank One in five Latino families were food inse- GRAZIA ITALIAN KITCHEN HAS Ms. Whitman for supporting and being a voice cure. for human and canine soldiers alike. And for rural families, food insecurity is cou- THE ‘‘BEST BITES’’ f pled with other barriers including lack of ac- cess to transportation and limited job opportu- HON. PETE OLSON SOFIA AHMED WINS CRITICAL nities. More than 17% of rural households— OF TEXAS LANGUAGE SCHOLARSHIP AWARD that’s 3.3 million households—are food inse- IN THE HOUSE OF REPRESENTATIVES cure. Wednesday, March 2, 2016 HON. PETE OLSON We know that hunger is a problem that af- OF TEXAS fects people in every zip code. It is endemic Mr. OLSON. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES in our counties, rural communities, urban congratulate the Pearland Restaurant, Grazia streets and suburban neighborhoods. Italian Kitchen, for winning both Reserve Wednesday, March 2, 2016 I’ve seen its impact in my community, Ala- Grand Champion in the People’s Choice Mr. OLSON. Mr. Speaker, I rise today to meda County, where one in five residents Award category and the Rookie Award at the congratulate Sofia Ahmed of Katy, TX for win- have turned to our local food bank for help. ‘‘Rodeo Uncorked! Roundup and Best Bites ning a U.S. State Department Critical Lan- These families are forced to make impossible Competition’’ at the Houston Livestock Show guage Scholarship (CLS) Award for 2015. choices to feed their children. Many must de- and Rodeo. Sofia is currently a student at the University cide between food and medicine, food and Grazia’s Chef, Steve Haug, former chef at of Texas–San Antonio. Through her CLS school clothes, or food and paying the electric Del Frisco’s Double Eagle Steakhouse, cre- scholarship, she was hosted in Beijing, China, bill. ated a dish that pleased not only the judges, where she became proficient in Advanced One Alameda County mother, Claire, said but 5,500 guests as well. The Houston Ro- level Chinese. CLS recipients, like Sofia, are ‘‘My kids need milk, but we can’t afford it. So, deo’s Best Bites Competition this year con- sent abroad to study the language and the I buy condensed milk and water it down.’’ sisted of 102 competing restaurants at the culture of the region they are hosted in. These This is the tragic reality of millions of fami- NRG Center on February 21, and sold-out due prestigious scholarships are funded by the lies in our country. And this epidemic of hun- to its overwhelming attendance. The Best

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.019 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS E264 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2016 Bites Competition is the kick-off to the Hous- cent to Fort Knox, to Freeman Field because Texas on February 19th and 20th. Senior Tay- ton Rodeo, one of the most popular and at- of the latter’s better flight facilities. Tensions lor Rosario has a standing record of 40–1, tended attractions in Houston. We are so between the 477th and the white command Senior Charlotte Fowler’s record is 48–1, Sen- proud of Grazia’s and can’t wait to taste their structure on the base were tense as soon as ior Queena Chen’s record is 41–15, and fi- delicious meals for ourselves. the 477th arrived, and shortly thereafter, an in- nally, Sophomore Kayla De Leon has a record On behalf of the Twenty-Second Congres- cident occurred unparalleled in Air Corps his- of 49–0. These talented students have made sional District of Texas, congratulations again tory. the Katy community proud. to the entire team at Grazia Italian Kitchen for Upon their arrival at Freeman, the com- On behalf of the Twenty-Second Congres- being recognized at the Houston Rodeo manding officer of the base, Colonel Robert R. sional District of Texas, congratulations again Roundup Best Bites Competition. Selway, moved quickly to set up and enforce to Queena, Charlotte, Taylor, and Kayla for f a segregated system. The group was housed winning the UIL 6A State Championship. We in a dilapidated building. Col. Selway also cre- can’t wait to see what these talented ladies do OUR UNCONSCIONABLE NATIONAL ated a novel system to deny the Airmen entry next. DEBT into the officers’ club. He classified the Black f airmen as ‘‘trainees,’’ even though they had all HON. MIKE COFFMAN finished flight school, and therefore were all TRIBUTE TO REPRESENTATIVE DIANA HOPPE OF COLORADO commissioned officers. As trainees, they were IN THE HOUSE OF REPRESENTATIVES forced to use a rundown, former noncommis- sioned officers club nicknamed ‘‘Uncle Tom’s Wednesday, March 2, 2016 HON. KEN BUCK Cabin.’’ This all occurred despite an order OF COLORADO Mr. COFFMAN. Mr. Speaker, on January issued in 1940 issued by President Roosevelt IN THE HOUSE OF REPRESENTATIVES 20, 2009, the day President Obama took of- himself that no officer should be denied ac- Wednesday, March 2, 2016 fice, the national debt was cess to any officer’s club. On April 5, 1945 a $10,626,877,048,913.08. group of the Airmen peacefully entered the of- Mr. BUCK. Mr. Speaker, it is with a heavy Today, it is $19,125,455,057,425.90. We’ve ficers’ club in protest. Sixty-one were arrested heart that I rise today to recognize the passing added $8,498,578,008,512.82 to our debt in 6 within 24 hours. This act of disobedience later of Representative Diane Hoppe on February years. This is over $8 trillion in debt our na- became known as the Freeman Field Mutiny. 27th, 2016. Rep. Hoppe was a beloved and tion, our economy, and our children could Hotesse perished later that year in an acci- distinguished community leader and longtime have avoided with a balanced budget amend- dental plane crash. His obituary in a Domini- state lawmaker. ment. can newspaper lists his cause of death as a Rep. Hoppe grew up in Sterling and de- f B–25 crash in the Ohio River in Indiana. voted her life to improving Colorado. In 1999 Esteban (Stephen) Hotesse was born on she was elected to House District 65 of the PERSONAL EXPLANATION February 2, 1919 in Moca, Dominican Repub- Colorado House of Representatives, where lic, and he came to the U.S. at the age of 4 she served through 2006. During her service HON. MICHAEL E. CAPUANO with his mother, Clara Pacheco, who at the she was Chair of the House Agriculture, Live- OF MASSACHUSETTS time was 25 years old. Hotesse was also ac- stock & Natural Resources Committee; Chair IN THE HOUSE OF REPRESENTATIVES companied by his sister Irma Hotesse, age 2. of the Water Resources Review Committee; and House Minority Whip. Wednesday, March 2, 2016 They came through the famous port of Ellis Is- land and, like many Dominicans at the time, In addition to her leadership in the Colorado Mr. CAPUANO. Mr. Speaker, this week I went to live in my Congressional District within legislature, Governor Hickenlooper appointed missed a roll call vote. I wish to state how I Upper Manhattan. At the time of his enlist- her to the Colorado Water Conservation Board would have voted had I been present: Roll ment, he was living with his wife, Iristella Lind, in 2012. She was later elected as Chair in Call No. 102—‘‘yes.’’ who was Puerto Rican. They applied for U.S. 2015. In addition, she was presented the Col- f citizenship in April 1943 after he’d served al- orado Water Congress 2013 Wayne N. most a year. The couple had two daughters Aspinall Award for Outstanding Water Leader. TRIBUTE TO AIR FORCE 2ND LIEU- Rep. Hoppe’s limitless knowledge of agri- TENANT ESTEBAN HOTESSE, before he enlisted. Today, one of his daugh- ters, Mary Lou Hotesse, resides in New York culture and water has made a lasting impact TUSKEGEE AIRMAN, DOMINICAN- on Colorado. AMERICAN City and two granddaughters, one named Iris Rivera, live in the South. It is the hard work Rep. Hoppe embodied Mr. Speaker, I ask that you and our distin- throughout her life that makes Colorado an ex- HON. CHARLES B. RANGEL guished colleagues join me in paying tribute to ceptional place to live. She has shown true OF NEW YORK one of our nation’s heroes. In life, he immi- service to her industry and community. I ex- IN THE HOUSE OF REPRESENTATIVES grated to our shores to join ranks with our mili- tend my deepest sympathies to Rep. Hoppe’s Wednesday, March 2, 2016 tary force in the advancement of peace, jus- family and friends. tice, and freedom here and abroad. Mr. Speaker, it is an honor to recognize Mr. RANGEL. Mr. Speaker, as Dominican- f Representative Diane Hoppe for her commit- Americans across our great nation celebrated ment to family, community, and the State of their heritage and their compatriots commemo- DON’T WRESTLE WITH CINCO Colorado. She will be sorely missed. rated Dominican Independence Day over the RANCH GIRLS f weekend, on February 27th, today I rise to posthumously honor and pay tribute to HON. PETE OLSON THE RULES OF THE U.S. HOUSE DENY MEMBERS THE ABILITY Tuskegee Airman Second Lieutenant Esteban OF TEXAS TO FULFILL OUR CONSTITU- (Stephen) Hotesse (Service Number IN THE HOUSE OF REPRESENTATIVES 32218759). TIONAL ROLE Esteban Hotesse, a Dominican native who Wednesday, March 2, 2016 immigrated to the country as a child, enlisted Mr. OLSON. Mr. Speaker, I rise today to HON. BETTY McCOLLUM during World War II, and served in the lauded congratulate Queena Chen, Charlotte Fowler, OF MINNESOTA Tuskegee Airmen brigade. Though his team Taylor Rosario, and Kayla De Leon for win- IN THE HOUSE OF REPRESENTATIVES was scheduled to go into battle, they never ning the state championship 6A trophy at the saw combat abroad. As a member of the all- University Interscholastic League (UIL) Girls Wednesday, March 2, 2016 black unit, Hotesse was among a group of 101 Wrestling Championships. Ms. MCCOLLUM. Mr. Speaker, the rules of Tuskegee Airmen officers arrested for refusing Queena, Charlotte, Taylor and Kayla are the U.S. House prohibit congressionally di- to follow Jim Crow orders from a white com- students at Cinco Ranch High School in the rected spending. This prohibition undermines manding officer at a base near Seymour, Indi- Katy Independent School District. The four the ability of Members of Congress to rep- ana, where the KKK had a strong presence. Lady Cougars racked up a total of 87 points, resent their constituents, denies Members the In March 1945, the last of the Tuskegee all placing in the top four; a new achievement. opportunity to respond to critical needs that groups, the 477th Medium Bombardment The 2016 UIL State Wrestling Championships are in the national interest, and it strips Mem- Group, was moved from Godman Field, adja- were held at the Berry Center in Cypress, bers of their authority pursuant to Article 1,

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.024 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS March 2, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E265 section 9, clause 7 of the U.S. Constitution— and particularly Appropriators, under the 100TH ANNIVERSARY OF THE the authority to appropriate funds. Members of Constitution, to fund critically significant UNITED METHODIST CHURCH OF Congress are not even allowed the opportunity federal investments in our communities. ELLINGTON, MO to offer amendments to a bill to be voted on Congress, by giving up the authority to di- by a committee or the Committee of the rect spending and projects, has conceded a vital authority to the Administration. This HON. JASON SMITH Whole on a construction project or research OF MISSOURI Military Construction, Veterans Affairs bill program deemed to be in contrary to the rule. IN THE HOUSE OF REPRESENTATIVES What the ban on congressionally directed makes it clear that the House and the Appro- spending does do is empower the Executive priations Committee now takes its guidance Wednesday, March 2, 2016 Branch to dictate to Congress projects, pro- from Administration staff and the Office of Mr. SMITH of Missouri. Mr. Speaker, I rise grams and priorities without input from Mem- Management and Budget, which I find unac- today to honor the 100th anniversary of the bers. It denies Members the ability to advance ceptable. Meanwhile the representatives United Methodist Church of Ellington, MO. The elected by the American people, including alternatives to the President’s priorities that occasion was marked by four services held at Appropriators, are denied the opportunity to better reflect the needs of states, communities the church: a morning Dedication Service, an and constituents. With this rule, Congress has advance vital projects unless granted per- mission by the Executive Branch. Afternoon Service, a Youth Service, and an unilaterally diminished our own power and Evangelistic Service held later in the evening, ceded excessive power to the President. The Therefore, I will not be submitting any re- presided over by Pastor Sandy Estes. House of Representatives’ ‘‘power of the quests to the Subcommittee on Military United Methodist Church was founded in purse’’ must be more than simply rubber Construction, Veterans Affairs and Related 1887 by five trustees, Marian Copeland, Leon stamping funding for whatever project or pro- Agencies because if I were to advocate for Daniels, P.B. Smith, U.G. Barnes, and Jeffer- gram the President proposes. the members of the Minnesota Army Na- son Wadlow. It was originally located on Cem- tional Guard and attempt to get funding re- My attached letter to the House Appropria- etery Hill on land donated by Copeland. As instated in this year’s appropriations bill, I tions Subcommittee on Military Construction, the church grew, so did the congregation, Veterans Affairs and Related Agencies high- would presumably be in violation of the ban on congressionally directed spending. eventually surpassing the capacity of the origi- lights an example of how the ban on congres- nal property. sionally directed spending denies me—a It is time to change this flawed system. In 1909, the church founded the Women’s Sincerely, member of the Appropriations Committee—the Missionary Society, who purchased the land opportunity to advocate for a project that has BETTY MCCOLLUM, Member of Congress. on which the current church stands today. The been approved by the Department of Defense, cornerstone of the church was laid in 1913, in the Department’s funding queue, and is now f and the construction concluded with a Dedica- delayed for arbitrary budget reasons without tion Ceremony on August 20, 1916. Although any consultation with Congress. House rules KAY THACKER the building has since been renovated, much deny me the opportunity to amend this deci- of the Sanctuary is original, including the sion. I find this outrageous and a clear exam- stained glass and bell tower, which still rings ple of how this Congress cedes power to HON. CARLOS CURBELO every Sunday service. unelected federal officials in the Executive The surnames of the five original trustees Branch. OF FLORIDA are still common to the Ellington area, a true It is time to change the rules, repeal the testament to the enduring legacy of the United prohibition on congressionally directed spend- IN THE HOUSE OF REPRESENTATIVES Methodist Church. The church has long ing, and allow Members of Congress to do our Wednesday, March 2, 2016 job on behalf of the people who elected us. served as a staple in the local community, of- fering a valuable service and place of worship HOUSE OF REPRESENTATIVES, Mr. CURBELO of Florida. Mr. Speaker, Washington, DC, March 1, 2016. for citizens. Thus, it is my pleasure to recog- today we honor the life of Kay Thacker, a nize its impressive history before the House of Hon. CHARLIE DENT, woman who worked to make politics nobler Chair, Subcommittee on Military Construction, Representatives. Veterans Affairs and Related Agencies, and spent every hour of her life dedicated to f Washington, DC. helping others. As a visitor to the Keys since Hon. SANFORD BISHOP, childhood and a 27-year resident, we will miss TRIBUTE TO SOSY ROBINSON Ranking Member, Subcommittee on Military Kay Thacker tremendously. She was a woman Construction, Veterans Affairs and Related who embodied the heart of the small and tight- HON. KEN CALVERT Agencies, Washington, DC. OF CALIFORNIA DEAR CHAIR DENT AND RANKING MEMBER knit community that we are. IN THE HOUSE OF REPRESENTATIVES BISHOP: I am extremely concerned that the Though born in Kentucky, Kay spent much President’s FY2017 budget proposal has failed Wednesday, March 2, 2016 to fund a shovel ready Minnesota Army Na- of her life in Indiana. In the late 1960s and tional Guard project that has been in the into the early 1970s she ran her own salon, Mr. CALVERT. Mr. Speaker, I rise today to pipeline since the release of the FY13 budget Casa de Kay. She received her degree from honor and pay tribute to an individual whose for FY17. The $39,000,000 for the Army Na- the University of Indiana and then proceeded dedication and contributions to the community tional Guard Readiness Center in Arden to earn the title of Vice President of Sales for of Canyon Lake in Riverside County, Cali- Hills, MN (Project Number 270132 in the De- Metal Honing Inc. Thankfully, she then de- fornia are exceptional. On Friday, March 11th, partment of the Army, Army National Guard Sosy Robinson will be honored as the Citizen FY17 Military Construction budget) now has cided to make Key Largo her home where she been moved to FY18. This delay will directly embodied the role of a passionate civic activ- of the Year by the Canyon Lake Chamber of affect the ability of members of the Min- ist. Commerce. nesota National Guard to train effectively Born in Pasadena, California, Sosy Robin- and carry out their duties to their utmost Tenacious and firm in her principles, Kay son was the first American citizen in her family potential. stood proudly as an environmental conserva- which migrated to this country from the Middle This facility is necessary to house the tionist, advocate for the Arts and a staunch East. Sosy’s family moved to Canyon Lake in Headquarters and Headquarters Company overseer of spending by public agencies. Even 2012 from Orange County and she went on to and Company A 34th Infantry Division cur- rently assigned to the Rosemount, MN Read- in the face of fierce adversity, Kay was a graduate from Temescal Canyon High School. iness Center, and Company B 34th Infantry woman who refused to back down. Well Sosy and her husband, A.J., have six children, Division currently assigned to the Inver known for her stubbornness, Kay knew when whose ages range from two to 25 years old. Grove Heights, MN Readiness Center. Both to put her foot down and fight for her beliefs, In Canyon Lake, Sosy is serving for the sec- of these facilities are undersized and seri- all the while never making that fight personal. ond consecutive year as President of the ously lacking in critical areas that support Family Matters Club. The club hosted over 38 mission readiness. The construction of the Kay Thacker’s impact on our community is events, meetings and family meet-ups last Readiness Center in Arden Hills is long over- far reaching and universally appreciated, even year alone. Sosy is also a member of the due and necessary to relieve over population from those that she stood up to. She will for- in other aging National Guard facilities in Canyon Lake Lioness Club, serves as the offi- the Twin Cities metropolitan area. ever be remembered for her unyielding devo- cial bingo caller at the Canyon Lake Senior What is truly outrageous is that this Con- tion to the community that we are all fortunate Center, and graciously delivers groceries for gress has ceded the authority of Members, to call our own. homebound seniors in need. The nomination

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.030 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS E266 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2016 of Sosy for the Citizen of the Year award Mr. Speaker, I ask my colleagues to join me TRIBUTE TO NEW YORK’S 7TH summed it up well: ‘‘Our community is made today to honor my friend Jim Perry for his 35 CONGRESSIONAL DISTRICT HOL- a much, much better place because of Sosy years of service to our communities. I thank OCAUST SURVIVORS and all her hard work and dedication.’’ him for his leadership and wish him many In light of all that Sosy has done for the more years of success. HON. NYDIA M. VELA´ ZQUEZ community of Riverside County and the city of OF NEW YORK Canyon Lake, it is only fitting to honor her as f IN THE HOUSE OF REPRESENTATIVES Citizen of the Year. Sosy has contributed im- mensely to the betterment of our region and I INTRODUCTION OF THE NO LEAD Wednesday, March 2, 2016 am proud to call her a fellow community mem- IN THE AIR ACT Ms. VELA´ ZQUEZ. Mr. Speaker, I rise today ber, American and a constituent of the 42nd to pay tribute to a special group of my neigh- Congressional District. I add my voice to the bors who are an incredible part of the Wil- many who will be congratulating Sosy Robin- HON. ELEANOR HOLMES NORTON liamsburg, Brooklyn community—Holocaust son on being named Citizen of the Year by survivors. I am privileged to represent approxi- OF THE DISTRICT OF COLUMBIA the Canyon Lake Chamber of Commerce. mately one thousand Holocaust survivors in f IN THE HOUSE OF REPRESENTATIVES New York’s 7th Congressional District. These individuals arrived from across East- IN RECOGNITION OF JIM PERRY’S Wednesday, March 2, 2016 SERVICE TO OUR COMMUNITY ern Europe fleeing unspeakable horrors. Many Ms. NORTON. Mr. Speaker, I rise to intro- of them had lost their mothers, fathers, broth- HON. DEBBIE DINGELL duce the No Lead in the Air Act. The bill pro- ers and sisters during one of the darkest peri- hibits the use of lead in aircraft fuel by 2021. ods in our history. They survived concentration OF MICHIGAN camps and came to the U.S. as refugees look- IN THE HOUSE OF REPRESENTATIVES Lead exposure can have harmful effects on ing to launch a fresh start, rebuild anew and children as well as adults. Since 1980, the Wednesday, March 2, 2016 escape the horrific crimes they had suffered in amount of lead in the air has decreased 89 Mrs. DINGELL. Mr. Speaker, I rise today to their pasts. percent, but while lead gas for automobiles recognize Mr. Jim Perry for his 35 years of From a small group of survivors that arrived has been banned since 1995, the piston-en- distinguished service at the Downriver Com- after World War II in Williamsburg, this com- gine aircraft industry and airports that supply munity Conference located in Southeast Michi- munity has grown and flourished by tens of gan. Jim’s commitment to the downriver com- their fuel continue to use leaded aircraft fuel. thousands. From meager beginnings, they re- munity has touched the lives of many and is Without a federal ban, they will continue to do built their families, religion and traditions, and significantly responsible for this regions collec- so and put our communities and children at established a wonderful part of our City that, tive and coordinated success. risk. to this day, contributes to New York’s diverse The Downriver Community Conference Lead particles from airplane exhaust can fall cultural mosaic. Their accomplishments are a (DCC) is one of the oldest and most success- widely during flight and there may be high testament to the perseverance and persist- ful interlocal agreements in the State of Michi- concentrations of lead near airports. It is esti- ence of the Holocaust survivors. gan and the United States. Representing mated that 16 million people live and three In 1966, Holocaust survivors created the twenty communities in Wayne County, the million children go to school within a half-mile United Jewish Organizations (UJO) of Wil- DCC coordinates and supports a vast array of of airports that sell leaded aircraft fuel, called liamsburg which is celebrating its 50th year of initiatives for its communities including; Eco- avgas. The health effects of lead in children service to the community. The UJO was con- nomic Development, Job Training and Place- include behavioral and learning problems, ceived as a vehicle to help the Yiddish-Speak- ment, Veterans Services, Public Safety Co- lower IQ, hyperactivity, slowed growth, hearing ing population adapt to life in the United ordination, Transportation, Weatherization, En- problems, and anemia. Lead exposure can States, participate in the civic sphere and en- ergy Assistance, Senior Support Programs, cause premature births and spontaneous sure access to public benefits. and Youth Support Programs. In addition to abortions in pregnant women, and adults can Throughout their jubilee of activity the UJO these programs, the DCC also acts as a crit- suffer from increased blood pressure, de- has put the needs of Holocaust survivors at ical voice in the region, advocating for the in- creased kidney function, and reproductive the forefront. They work closely with the terests of its communities with elected officials problems. Claims Conference and the NYC Department and government agencies. It is a model na- for the Aging to help survivors age gracefully tionwide for communities working together on Seventy-five percent of piston-engined air- and independently with a wide array of social many issues to the benefit of the entire region. craft already operate safely with fuel that does services and in-home care. They have truly The DCC is a remarkable success story, and not use lead. However, small airports continue evolved into a community anchor for all of Jim Perry has been a critical component of to only sell leaded avgas for these piston-en- Brooklyn and New York. I salute their many that success for the last 35 years. Humble in gine aircraft. But small airports will have to achievements. his success, he reminds me that it is only by comply if the federal government bans the use Mr. Speaker, I urge my colleagues to join putting together an extraordinary team that he of leaded fuel. The U.S. Environmental Protec- me in acknowledging all that our nation’s Hol- can do great things. I entirely agree with that, tion Agency (EPA), which implements the ocaust Survivors have not only endured, but and I stand here today to say that Jim Perry Clean Air Act, announced plans in 2010 to also accomplished. We must never forget the is a remarkable recruiter, coach and leader. phase out leaded aviation fuel, but in the inter- horrors they underwent, but, likewise, we must Jim was born and raised in Allen Park, MI, vening six years we still have not seen a pro- also honor the achievements they secured in graduated from Allen Park High School, and posed rule. The Federal Aviation Administra- the face of enormous adversity. Their spirit went on to play basketball at the University of tion (FAA) has created a task force of govern- and strength are a credit to the Williamsburg Houston, where he excelled. He returned to ment and aviation industry stakeholders to community, to our City and, indeed, to our en- Michigan and in 1981, began working at the study alternative fuels for piston-engine aircraft tire nation. DCC and has worked there ever since. In the that do not use lead, and the agency has indi- f year 2000, Jim was named executive director cated it may certify lead-free aviation fuel of the DCC, making him the youngest person sometime in 2018. CLERMONT COUNTY to have served in that role. He has given so COMMISSIONER BOB PROUD With so much evidence of the harmful im- much of his time and talent to our region, serving on a wide variety of boards and com- pacts of lead exposure, we can no longer put HON. BRAD R. WENSTRUP missions including; the Michigan Department our communities at risk. My bill would give enough time for a full phase-out of lead in air- OF OHIO of Human Services Board where he served as IN THE HOUSE OF REPRESENTATIVES chair, the Southeast Michigan Substance craft fuel—five years—by directing the FAA Abuse Services Board, Wayne County Head Administrator, in consultation with the EPA Ad- Wednesday, March 2, 2016 Start Board, and the Detroit-Wayne Mental ministrator, to issue regulations prohibiting the Mr. WENSTRUP. Mr. Speaker, I wish to Health Authority Board, and the Allen Park use of leaded fuel in aircraft in U.S. airspace congratulate Clermont County Commissioner Parks and Recreation Commission. Jim gives beginning January 1, 2021. Bob Proud on a distinguished career serving his time because it is who he is, and it is what I urge my colleagues to support this legisla- the residents of Clermont County and south- our community needs. tion. ern Ohio.

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.033 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS March 2, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E267 A seven-term Clermont County Commis- RECOGNIZING THE CAROLINA PAN- support members of the armed services, vet- sioner, Bob has effectively guided Clermont THERS FOR THEIR NFC CHAM- erans and their families. County into the 21st Century. Involved in ev- PIONSHIP VICTORY Clearly, the Carolina Panthers are a first- erything from the construction of a new class organization both on and off the field. Clermont County Animal Shelter in 2002, to HON. RICHARD HUDSON This can be attributed to one man, Carolina the reclamation of the former Ford trans- OF NORTH CAROLINA Panthers’ founder and owner Jerry Richard- mission plant on State Route 32, to his service IN THE HOUSE OF REPRESENTATIVES son. Mr. Richardson is the epitome of dignity and class, and is one of the finest men I have for senior citizens as a Meals on Wheels vol- Wednesday, March 2, 2016 unteer, to his work on the Coalition for a Drug- ever known. In everything he does, Mr. Rich- Free Clermont County, Bob has served Mr. HUDSON. Mr. Speaker, I rise today to ardson carries himself as a true professional Clermont with integrity and class. honor my hometown team, the Carolina Pan- and Southern gentleman. He always looks for Bob is also a champion for our troops, both thers, for representing the National Football opportunities to give back to the community he at home and abroad. He has been nationally Conference in Super Bowl 50 after winning the loves and to assist those who are in need. Mr. recognized for his work on behalf of our mili- NFC Championship. I would like to congratu- Richardson is a loyal and patient man who tary and has even founded a local military late the entire Panthers organization on this genuinely cares about those who work for him, family support group. outstanding accomplishment and thank them and I would argue he is one of the finest own- For the last twenty-five years, Bob has for the excitement the team brought the entire ers in NFL history. Without Mr. Richardson, served as Chairman of the Ohio Valley Re- Panthers fan base this season. there would be no Carolina Panthers and the gional Development Commission (OVRDC), a Before this NFL season started, few people success this franchise has achieved on the public regional planning commission that expected the Carolina Panthers to win enough field and the superior culture established with- serves twelve southern Ohio counties, the ma- games to seriously compete for a spot in the in the organization would not be possible. jority of which are in Ohio’s Second Congres- postseason playoffs. However, Head Coach There is no one more deserving of this cham- sional District. As he prepares to retire from Ron Rivera and star quarterback Cam Newton pionship than Mr. Richardson, and I look for- this position, I commend him for his hard work led the Panthers to victory in 15 of their 16 ward to him leading the Carolina Panthers to and leadership to make Southern Ohio a bet- games during the regular season, making the even greater success in the future. ter place to live and work. Panthers only the seventh team in NFL history Mr. Speaker, please join me again in con- Thank you Bob, and God bless you. to win 15 games and set a franchise record gratulating the Carolina Panthers for their NFC for the most victories in a single season. In Championship victory, and thanking Mr. Rich- f the postseason, the Panthers hosted the NFC ardson and the entire Panthers organization Championship in Charlotte for the first time in for their tireless efforts to better our commu- IN HONOR OF T&M ASSOCIATES the franchise’s history and earned a spot in nity. Go Panthers and Keep Pounding! the Super Bowl for only the second time since f HON. DONALD NORCROSS the team organized in 1995. Needless to say, OF NEW JERSEY this was a fantastic season that will long be CINCO RANCH SWIM TEAM RACES TO STATE IN THE HOUSE OF REPRESENTATIVES remembered by the players, coaches and fans. Wednesday, March 2, 2016 While the team’s success on the football HON. PETE OLSON Mr. NORCROSS. Mr. Speaker, I rise today field this season is certainly extraordinary, OF TEXAS to offer my congratulations to T&M Associates what is even more impressive about the Caro- IN THE HOUSE OF REPRESENTATIVES of New Jersey on the occasion of their 50th lina Panthers is the culture of the organization. Wednesday, March 2, 2016 anniversary and for their tireless work meeting The Carolina Panthers are one of the most the engineering needs of communities highly respected organizations in the National Mr. OLSON. Mr. Speaker, I rise today to throughout New Jersey and the United States. Football League; filled with high-character indi- congratulate the Cinco Ranch High School On March 21, 1966, Richard T. Noble and viduals who continually display an active com- Swimming Program from Katy, TX for earning Richard M. Schulz founded T&M Associates mitment to community service. A great exam- Gold, Silver and Bronze medals and for set- and over the past five decades it has grown ple of their community-centered focus is the ting a state record at the 2016 Division 6A from a seven-person local operation to a na- grant fund the Carolina Panthers established finals of the University Interscholastic League tionally-recognized professional services firm, after the historic flooding that took place in (UIL) Swimming and Diving Championships. with 400 professionals stationed in offices South Carolina during October of 2015. This The Cinco Ranch Cougars took home three throughout the Northeast, Mid-Atlantic and fund awarded $250,000 in grants to assist 19 gold medals, two silver, and three bronze in Midwestern states. Even with this remarkable high school athletic departments in the region addition to a State Record for the 200-yard growth, the enduring mission of T&M Associ- repair or replace damaged or lost athletic freestyle relay at the UIL State Competition on ates has remained the same: to improve qual- equipment, supplies and infrastructure. This is February 20th, 2016. In addition to this im- ity of life and create sustainable value for their just one of the many ways the Carolina Pan- pressive standing, both girls and boys teams employees, clients and partner communities. thers give back to their community through were in the top 10 ranking within the division Over the years, T&M Associates has dem- charitable acts and community service pro- 6A tier; how impressive. Athletes compete in onstrated a remarkable commitment to pro- grams. the Breaststroke, Medley, Freestyle, Diving, viding high-value consulting, technical and en- In addition to their long list of charitable acts Butterfly, and Backstroke categories. We are gineering solutions to promote the vitality of and dedication to serving the community off proud of our Cinco Ranch Cougars and can’t their community and business partners. This the field, the Carolina Panthers are frequently wait to see what they do next. commitment to community improvement goes recognized as having players and coaches On behalf of the Twenty-Second Congres- beyond just business interests, as dem- who play the game with character and integ- sional District of Texas, congratulations again onstrated by their ‘‘50 Ways of Giving’’ com- rity. This year alone, several players have to the Cinco Ranch High School Swimming munity service campaign—a company wide ef- been recognized for their sportsmanship and Program for all of their success at the UIL fort to bring employees together to participate leadership on the field. Cam Newton was rec- meet. Keep up the great work. in 50 acts of volunteerism that give back to ognized as the league’s Most Valuable Player f their communities. Through its reputation for and Thomas Davis, a linebacker on the Pan- IN RECOGNITION OF RICHARD excellence and commitment to community im- thers’ defense, was awarded the Bart Starr ‘‘RICK’’ D. DEGRAW provement, T&M Associates has proven itself Award, given to a player who exemplifies to be a source of pride for New Jersey and a character and leadership on and off the field. HON. KYRSTEN SINEMA true asset to the New Jersey business com- Head Coach Ron Rivera was also recognized OF ARIZONA munity. as the league’s Coach of the Year and was IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I join with all of New Jersey in honored by the Panthers for two consecutive congratulating T&M Associates on their Gold- years as its Salute to Service Award nominee. Wednesday, March 2, 2016 en Anniversary and encouraging them to con- This award is given by the NFL in partnership Ms. SINEMA. Mr. Speaker, I rise today to tinue providing quality consulting, engineering, with the United Services Automobile Associa- recognize the retirement of an Arizona political and technical services throughout the United tion to a member of the NFL community who legend, a recognized business leader, an ad- States. demonstrates a commitment to honor and vocate for worker’s rights and a dedicated

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.037 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS E268 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2016 husband and father. Richard ‘‘Rick’’ DeGraw The senseless murder of Jimmie Lee Jack- As an additional procedure along has been a fixture in Arizona public service for son served as the catalyst for the voting rights with the computerization of this infor- three decades, working for Governor Bruce movement in Selma. Jimmie Lee Jackson de- mation, the Office of the Senate Daily Babbitt, the Arizona Legislature and the Mari- serves to have his proper place in American Digest will prepare this information for copa County Community College District. history as a true agent of change. Likewise, I printing in the Extensions of Remarks Mr. DeGraw is now retiring after serving as was honored to sponsor the National Park section of the CONGRESSIONAL RECORD the Executive Vice President and Chief Ad- Service efforts that led to the City of Marion on Monday and Wednesday of each ministrative Officer at CopperPoint Mutual In- being added to the Selma to Montgomery His- week. surance Company, Arizona’s largest provider toric Trail as the starting point of the historic Meetings scheduled for Thursday, of worker’s compensation insurance. Mr. road of the Voting Rights Movement. March 3, 2016 may be found in the Daily DeGraw came to CopperPoint in 2006 to cre- So today, March 2, 2016, it is befitting that Digest of today’s RECORD. ate and oversee the Communications and the State of Alabama would honor Jimmie Lee Public Affairs Division. In this role he oversaw Jackson with the installation of a historic mark- MEETINGS SCHEDULED the successful rebranding of the company and er at the front of the courthouse in Marion. MARCH 8 was responsible for the Legal Division, Human The marker will commemorate the bravery and Resources, Facilities, Real Estate Operations, 9:30 a.m. sacrifice of Jimmie Lee Jackson, and will also Committee on Armed Services Security, Public Affairs, Legislative Affairs, serve as a reminder for generations to come To hold hearings to examine United Community Development, Corporate Outreach that freedom is not free—but rather freedom is States Central Command, United and Executive Administration and Support. paid for at a hefty cost. States Africa Command, and United In addition to his more than full-time job, Mr. The senseless killing of Jimmie Lee Jackson States Special Operations Command. DeGraw spearheaded the effort to build a me- shocked the consciousness of the American SD–G50 morial honoring the 119 fallen firefighters and public and galvanized the local folks to be 10 a.m. paramedics who have died in the line of duty Committee on Appropriations even more resolved to fight against the in- Subcommittee on Financial Services and in Arizona. Mr. DeGraw has long been an ad- equalities in voting. Jimmie Lee Jackson’s vocate and friend to the Professional Fire General Government death helped reignite the push for federal vot- To hold hearings to examine proposed Fighters of Arizona, even earning their cov- ing protections and led James Bevel of the budget estimates and justification for eted award of Honorary Fire Fighter many SCLC to organize the Selma to Montgomery fiscal year 2017 for the Department of years ago, one of only ten individuals in the march. the Treasury. State of Arizona to earn the title. On February 24, 2016, the United States SD–138 Mr. DeGraw has been an advisor and a Congress awarded the Congressional Gold Committee on Energy and Natural Re- mentor for generations of Arizona elected offi- Medal to the Foot Soldiers who participated in sources To hold hearings to examine the Presi- cials and their staff on both sides of the aisle. the 1965 Voting Rights Marches from Selma He has worked on over 100 political cam- dent’s proposed budget request for fis- to Montgomery. While Jimmie Lee Jackson did paigns and is credited with helping create true cal year 2017 for the Forest Service. not live to participate in the Selma to Mont- political change in Phoenix and across Ari- SD–366 gomery March, he was there in spirit. It was Committee on Foreign Relations zona. Mr. DeGraw is also a social worker and his spirit that gave strength to the weak, that To hold hearings to examine State De- served as a pastor and a Chaplain in his gave courage to the scared, and that gave partment reauthorization, focusing on youth. I can personally attest to Rick’s political hope to the hopeless. an opportunity to strengthen and genius, calming warmth, and dedication to To the family of Jimmie Lee Jackson, I say streamline United States diplomacy. SD–419 public service. I am proud to call him my this Nation owes a debt of gratitude for your friend and I know he will continue to bring Committee on Homeland Security and personal sacrifice for which we will never be Governmental Affairs positive change to our community for many able to fully repay. My hope is that the na- years to come. To hold hearings to examine the Presi- tional recognition of the special role that dent’s proposed budget request for fis- f Jimmie Lee Jackson played and today’s his- cal year 2017 for the Department of CELEBRATING THE INSTALLATION toric marker by the State of Alabama is a pow- Homeland Security. OF A HISTORIC MARKER FOR erful tribute to his life and the significance of SD–342 his sacrifice. 2:30 p.m. JIMMIE LEE JACKSON Committee on Appropriations Today we celebrate Jimmie Lee Jackson, Subcommittee on Department of Home- HON. TERRI A. SEWELL but we are also reminded that the fight for vot- land Security OF ALABAMA ing rights still continues. Jimmie Lee Jackson To hold hearings to examine measuring IN THE HOUSE OF REPRESENTATIVES did not stand on the sidelines, waiting patiently results and proposed budget estimates for justice to come. Nor should we. We must and justification for fiscal year 2017 for Wednesday, March 2, 2016 continue the fight to renew the full protections Customs and Border Protection and Ms. SEWELL of Alabama. Mr. Speaker, of the Voting Rights Act, to ensure that every Immigration and Customs Enforce- today, the Alabama Tourism Department will eligible voter is able to cast their ballot, and ment. SD–138 honor the life of Voting Rights martyr, Jimmie that every vote matters. Lee Jackson, by installing a historic marker in Committee on Armed Services Jimmie Lee Jackson recognized the impor- Subcommittee on Airland front of the courthouse in Marion, Alabama. I tance of the vote. He recognized the power To hold hearings to examine Air Force want to join in acknowledging this great honor that the ballot box held. Accordingly, we owe modernization in review of the Defense and the tremendous personal sacrifice of the it to ourselves and to the memory of Jimmie Authorization Request for fiscal year family of Jimmie Lee Jackson who lost his life Lee Jackson to continue his fight. 2017 and the Future Years Defense Pro- in the fight for voter equality in America. f gram. At the age of 26, Jimmie Lee Jackson, a SR–222 Marion, Alabama native, was brutally killed at SENATE COMMITTEE MEETINGS Committee on Armed Services the hands of an Alabama State Trooper on Title IV of Senate Resolution 4, Subcommittee on Personnel agreed to by the Senate of February 4, To hold hearings to examine military February 18, 1965. He was killed while trying personnel posture in review of the De- to protect his mother and 82 year old grand- 1977, calls for establishment of a sys- fense Authorization Request for fiscal father after attending a voting rights rally. The tem for a computerized schedule of all year 2017 and the Future Years Defense state trooper confronted the family at Mack’s meetings and hearings of Senate com- Program. Cafe´ in Marion and shot Jimmie Lee Jackson mittees, subcommittees, joint commit- SH–216 at point blank range for simply shielding his tees, and committees of conference. Committee on Commerce, Science, and family from the intimidation and retribution This title requires all such committees Transportation being carried out by law enforcement. It is to notify the Office of the Senate Daily Subcommittee on Surface Transportation Digest—designated by the Rules Com- and Merchant Marine Infrastructure, heartbreaking to think that it was the audacity Safety and Security of this young man and his family to peacefully mittee—of the time, place and purpose To hold hearings to examine the state of protest for their constitutional rights that led to of the meetings, when scheduled and the United States maritime industry, his brutal murder at the hands of law enforce- any cancellations or changes in the focusing on the Federal role. ment. meetings as they occur. SR–253

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MR8.041 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS March 2, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E269 3 p.m. with respect to combination products, view of the Defense Authorization Re- Committee on Appropriations S. 1597, to enhance patient engagement quest for fiscal year 2017 and the Fu- Subcommittee on Legislative Branch in the medical product development ture Years Defense Program. To hold hearings to examine proposed process, S. 2512, to expand the tropical SVC–217 budget estimates and justification for disease product priority review voucher fiscal year 2017 for the Government Ac- program to encourage treatments for MARCH 10 Zika virus, and the nomination of John countability Office and the Congres- 2:30 p.m. sional Budget Office. B. King, of New York, to be Secretary Committee on Appropriations SD–192 of Education. SD–106 Subcommittee on Transportation, Housing and Urban Development, and Related MARCH 9 10:30 a.m. Committee on Appropriations Agencies 9:30 a.m. Subcommittee on Department of Defense To hold hearings to examine proposed Committee on Environment and Public To hold hearings to examine proposed budget estimates and justification for Works budget estimates and justification for fiscal year 2017 for the Department of To hold hearings to examine cooperative fiscal year 2017 for the Defense Health Housing and Urban Development. federalism, focusing on state perspec- Program. tives on Environmental Protection SD–192 SD–192 Agency regulatory actions and the role 2 p.m. MARCH 15 of states as co-regulators. Committee on Appropriations 10 a.m. SD–406 Subcommittee on Agriculture, Rural De- Committee on the Judiciary velopment, Food and Drug Administra- Committee on Armed Services To hold an oversight hearing to examine tion, and Related Agencies Subcommittee on Readiness and Manage- the Department of Justice. To hold hearings to examine proposed ment Support SD–226 budget estimates and justification for To hold hearings to examine the current 10 a.m. fiscal year 2017 for the Department of state of readiness of United States Committee on Appropriations Agriculture. forces in review of the Defense Author- Subcommittee on Department of the Inte- SD–124 ization Request for fiscal year 2017 and rior, Environment, and Related Agen- Committee on the Judiciary the Future Years Defense Program. cies Subcommittee on Antitrust, Competition SR–222 To hold hearings to examine proposed Policy and Consumer Rights budget estimates and justification for To hold an oversight hearing to examine MARCH 16 fiscal year 2017 for the Indian Health the enforcement of the antitrust laws. 10 a.m. Service. SD–226 SD–124 2:15 p.m. Committee on Veterans’ Affairs Committee on Armed Services Committee on Indian Affairs To hold a joint hearing with the House To hold hearings to examine the nomina- To hold an oversight hearing to examine Committee on Veterans’ Affairs to ex- tions of General Joseph L. Votel, USA, the President’s proposed budget re- amine the legislative presentation of for reappointment to the grade of gen- quest for fiscal year 2017 for Indian multiple Veterans Service Organiza- eral and to be Commander, United Country. tions. States Central Command, and Lieuten- SD–628 SD–G50 ant General Raymond A. Thomas III, 2:30 p.m. 2:15 p.m. USA, to be general and Commander, Committee on Appropriations Committee on Indian Affairs United States Special Operations Com- Subcommittee on Energy and Water Devel- To hold an oversight hearing to examine mand. opment the Government Accountability Office SD–G50 To hold hearings to examine proposed report on telecommunications, focus- Committee on Health, Education, Labor, budget estimates and justification for ing on the need for additional coordina- and Pensions fiscal year 2017 for the Department of tion and performance measurement for Business meeting to consider S. 1878, to Energy. high-speed Internet access programs on extend the pediatric priority review SD–138 tribal lands. voucher program, S. 1077, to provide for Committee on Armed Services SD–628 expedited development of and priority Subcommittee on Emerging Threats and review for breakthrough devices, S. Capabilities MARCH 17 1101, to amend the Federal Food, Drug, To hold hearings to examine the Depart- and Cosmetic Act to provide for the ment of Defense security cooperation 9:30 a.m. regulation of patient records and cer- and assistance programs and authori- Committee on Armed Services tain decision support software, S. 2055, ties. To hold hearings to examine the Depart- to amend the Public Health Service SR–232A ment of Defense budget posture in re- Act and the Federal Food, Drug, and Committee on Armed Services view of the Defense Authorization Re- Cosmetic Act with respect to national Subcommittee on Strategic Forces quest for fiscal year 2017 and the Fu- health security, S. 1767, to amend the To hold closed hearings to examine mili- ture Years Defense Program. Federal Food, Drug, and Cosmetic Act tary space threats and programs in re- SD–G50

VerDate Sep 11 2014 05:29 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\M02MR8.000 E02MRPT1 smartinez on DSK4VPTVN1PROD with REMARKS Wednesday, March 2, 2016 Daily Digest Senate Grassley (for Donnelly/Capito) Modified Amend- Chamber Action ment No. 3374 (to Amendment No. 3378), to pro- Routine Proceedings, pages S1169–S1241 vide follow-up services to individuals who have re- Measures Introduced: Six bills and one resolution ceived opioid overdose reversal drugs. Page S1206 were introduced, as follows: S. 2616–2621, and S. During consideration of this measure today, Senate Res. 384. Page S1222 also took the following action: By 46 yeas to 50 nays (Vote No. 29), three-fifths Measures Reported: of those Senators duly chosen and sworn not having S. 817, to provide for the addition of certain real voted in the affirmative, Senate rejected the motion property to the reservation of the Siletz Tribe in the to waive all applicable sections of the Congressional State of Oregon. (S. Rept. No. 114–219) Page S1222 Budget Act of 1974, with respect to Wyden/Schu- Measures Passed: mer Amendment No. 3395 (to Amendment No. Read Across America Day: Senate agreed to S. 3378), to provide for comprehensive provisions for Res. 384, designating March 2, 2016, as ‘‘Read the prevention and enforcement of opioid abuse and Across America Day’’. Page S1238 treatment of opioid addiction. Subsequently, a point of order that pursuant to Section 302(f) of the Con- Measures Considered: gressional Budget Act of 1974 the amendment Comprehensive Addiction and Recovery Act— would cause the underlying legislation to exceed the Agreement: Senate began consideration of S. 524, to authorizing committee’s section 302(a) allocation of authorize the Attorney General to award grants to new budget authority or outlays was sustained, and address the national epidemics of prescription opioid the amendment fell. Pages S1192–94, S1204 abuse and heroin use, after agreeing to the motion By 48 yeas to 47 nays (Vote No. 30), three-fifths to proceed, withdrawing the committee-reported of those Senators duly chosen and sworn not having substitute amendment, and taking action on the fol- voted in the affirmative, Senate rejected the motion lowing amendments proposed thereto: to waive all applicable sections of the Congressional Pages S1171–S1217 Budget Act of 1974 and applicable budget resolu- Adopted: tions with respect to Shaheen/Whitehouse Amend- By a unanimous vote of 94 yeas, 1 responding ment No. 3345 (to Amendment No. 3378), to make present (Vote No. 28), Grassley (for Feinstein/Grass- appropriations to address the heroin and opioid drug ley) Amendment No. 3362 (to Amendment No. abuse epidemic for the fiscal year ending September 3378), to provide the Department of Justice with 30, 2016. Subsequently, a point of order that pursu- additional tools to target extraterritorial drug traf- ant to Section 311(a)(2)(A) of the Congressional ficking activity. (A unanimous-consent agreement Budget Act of 1974 the amendment would cause the was reached providing that the amendment, having aggregate level of budget authority and outlays for achieved 60 affirmatives votes, be agreed to.) fiscal year 2016 as established in the most recently Pages S1180, S1203 agreed to concurrent resolution on the budget, S. Grassley (for Toomey) Amendment No. 3367 (to Con. Res. 11, to be exceeded was sustained, and the Amendment No. 3378), to establish a life-saving amendment fell. Pages S1181–83, S1202–03, S1205–06 program to prevent drug and opioid abuse in Medi- A unanimous-consent agreement was reached pro- care. (A unanimous-consent agreement was reached viding for further consideration of the bill at ap- providing that the requirement of a 60 affirmative proximately 9:30 a.m., on Thursday, March 3, 2016. vote threshold, be vitiated.) Pages S1192, S1204 Page S1239 Pending: Messages from the President: Senate received the Grassley Amendment No. 3378, in the nature of following messages from the President of the United a substitute. Page S1180 States: D204

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and Liability Act of 1980 to modify provisions relat- implications of low oil and gas prices, after receiving ing to grants, and an original bill entitled, ‘‘Good testimony from Timothy D. Adams, Institute of Samaritan Cleanup of Orphan Mines Act of 2016’’, International Finance, and Robert Kahn, Council on after receiving testimony from Patrick Kirby, West Foreign Relations, both of Washington, D.C. Virginia University Brownfields Assistance Center, Morgantown; Chip Merriam, Orlando Utilities Com- NOMINATIONS mission, Orlando, Florida, on behalf of the American Public Power Association; Steve Moyer, Trout Un- Committee on Homeland Security and Governmental Af- limited, Arlington, Virginia; Frank Holleman, fairs: Committee concluded a hearing to examine the Southern Environmental Law Center, Chapel Hill, nominations of Patrick Pizzella, of Virginia, to be a North Carolina; and Jennifer Krill, Earthworks, Member of the Federal Labor Relations Authority, Washington, D.C. and Julie Helene Becker, Steven Nathan Berk, and Elizabeth Carroll Wingo, each to be an Associate LOW OIL AND GAS PRICES ECONOMIC AND Judge of the Superior Court of the District of Co- GEOPOLITICAL IMPLICATIONS lumbia, after the nominees testified and answered Committee on Foreign Relations: Committee concluded questions in their own behalf. a hearing to examine the economic and geopolitical h House of Representatives Recess: The House recessed at 10:41 a.m. and re- Chamber Action convened at 12 noon. Page H1092 Public Bills and Resolutions Introduced: 17 pub- Recess: The House recessed at 12:51 p.m. and re- lic bills, H.R. 4660–4676; and 4 resolutions, H.J. convened at 1:01 p.m. Page H1097 Res. 831–84; H. Con. Res. 122; and H. Res. 634 were introduced. Pages H1115–17 Ensuring Removal of Terminated Providers from Medicaid and CHIP Act: The House passed H.R. Additional Cosponsors: Pages H1117–18 3716, to amend title XIX of the Social Security Act Reports Filed: Reports were filed today as follows: to require States to provide to the Secretary of H.R. 4119, to authorize the exchange of certain Health and Human Services certain information with land located in Gulf Islands National Seashore, Jack- respect to provider terminations, by a yea-and-nay son County, Mississippi, between the National Park vote of 406 yeas with none voting ‘‘nay’’, Roll No. Service and the Veterans of Foreign Wars, and for 105. Pages H1095–H1103, H1104 other purposes, with an amendment (H. Rept. Pursuant to the Rule, an amendment in the na- 114–441); ture of a substitute consisting of the text of Rules H.R. 482, to redesignate Ocmulgee National Committee Print 114–45 shall be considered as an Monument in the State of Georgia and revise its original bill for the purpose of amendment under the boundary, and for other purposes, with an amend- five-minute rule, in lieu of the amendment in the ment (H. Rept. 114–442); and nature of a substitute recommended by the Com- H. Res. 635, providing for consideration of the mittee on Energy and Commerce now printed in the bill (H.R. 4557) to allow for judicial review of any bill. Page H1101 final rule addressing national emission standards for Agreed to: hazardous air pollutants for brick and structural clay Buschon amendment (No. 1 printed in H. Rept. products or for clay ceramics manufacturing before 114–440), as modified, that makes technical changes requiring compliance with such rule, and providing to the bill; changes the short title to better capture for proceedings during the period from March 4, both sections of the bill and changes the effective 2016, through March 11, 2016 (H. Rept. 114–443). dates throughout the bill to ensure that states and Page H1115 the Secretary of Health and Human Services have the Speaker: Read a letter from the Speaker wherein he time necessary to correctly implement the provisions; appointed Representative Jody B. Hice (GA) to act adds a requirement for the Inspector General of the as Speaker pro tempore for today. Page H1087 Department of Health and Human Services to report on implementation of the requirements regarding

VerDate Sep 11 2014 04:40 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MR6.REC D02MRPT1 smartinez on DSK4VPTVN1PROD with DIGEST March 2, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D207 providers disenrolled for reasons related to fraud, in- fairs; David J. Shulkin, M.D., Under Secretary for tegrity and quality; clarifies that the fee-for-service Health, Veterans Health Administration; Danny G.I. provider directory is to include physicians and, at Pummill, Acting Under Secretary for Benefits, Vet- state option, other providers; and provides other in- erans Benefits Administration; Ronald E. Walters, formation that could be included in the directory. Interim Under Secretary for Memorial Affairs, Na- Pages H1102–03 tional Cemetery Administration; Edward Joseph H. Res. 632, the rule providing for consideration Murray, Interim Assistant Secretary for Management, of the bill (H.R. 3716) was agreed to by voice vote, Interim Chief Information Officer, Office of Manage- after the previous question was ordered by voice ment; and LaVerne H. Council, Assistant Secretary vote. Page H1103 for Information and Technology, Chief Information Recess: The House recessed at 1:38 p.m. and recon- Officer, Office of Information and Technology. vened at 5:15 p.m. Page H1103 APPROPRIATIONS—AIR FORCE Meeting Hour: Agreed by unanimous consent that Committee on Appropriations: Subcommittee on Defense when the House adjourns today, it adjourn to meet held a budget hearing on the Air Force. Testimony at 9 a.m. tomorrow, March 3. Page H1105 was heard from Deborah Lee James, Secretary, U.S. Presidential Messages: Read a message from the Air Force; and General Mark A. Welsh III, Chief of President wherein he notified Congress that the na- Staff, U.S. Air Force. tional emergency declared in Executive Order 13660 APPROPRIATIONS—SUBSTANCE ABUSE with respect to Ukraine is to continue in effect be- AND MENTAL HEALTH SERVICES yond March 6, 2016—referred to the Committee on ADMINISTRATION Foreign Affairs and ordered to be printed (H. Doc. 114–112). Pages H1104–05 Committee on Appropriations: Subcommittee on Labor, Read a message from the President wherein he no- Health and Human Services, and Education held a tified Congress that the national emergency declared budget hearing on Substance Abuse and Mental with respect to the actions and policies of certain Health Services Administration. Testimony was members of the Government of Zimbabwe and other heard from Kana Enomoto, Acting Administrator, persons to undermine Zimbabwe’s democratic proc- Substance Abuse and Mental Health Services Admin- esses or institutions is to continue in effect beyond istration. March 6, 2016—referred to the Committee on For- APPROPRIATIONS—DEPARTMENT OF eign Affairs and ordered to be printed (H. Doc. ENERGY, APPLIED ENERGY 114–113). Page H1105 Committee on Appropriations: Subcommittee on Energy Quorum Calls—Votes: One yea-and-nay vote de- and Water Development held a budget hearing on veloped during the proceedings of today and appears Department of Energy, Applied Energy. Testimony on page H1104. There were no quorum calls. was heard from the following Department of Energy Adjournment: The House met at 10 a.m. and ad- officials: Franklin Orr, Under Secretary for Science journed at 6:52 p.m. and Energy; John Kotek, Acting Assistant Secretary for Nuclear Energy; Christopher Smith, Assistant Committee Meetings Secretary for Fossil Energy; and Patricia Hoffman, Assistant Secretary for Electricity Delivery and En- PAST, PRESENT, AND FUTURE OF SNAP: ergy Reliability. EXAMINING STATE OPTIONS Committee on Agriculture: Full Committee held a hear- APPROPRIATIONS—DEPARTMENT OF THE ing entitled ‘‘Past, Present, and Future of SNAP: Ex- INTERIOR amining State Options’’. Testimony was heard from Committee on Appropriations: Subcommittee on Inte- Stephanie Muth, Deputy Executive Commissioner for rior, Environment, and Related Agencies held a the Office of Social Services, Texas Health and budget hearing on the Department of the Interior. Human Services Commission; and public witnesses. Testimony was heard from Sally Jewell, Secretary, APPROPRIATIONS—DEPARTMENT OF Department of the Interior. VETERANS AFFAIRS APPROPRIATIONS—DEPARTMENT OF Committee on Appropriations: Subcommittee on Mili- ENERGY, SCIENCE tary Construction, Veterans Affairs, and Related Committee on Appropriations: Subcommittee on Energy Agencies held a budget hearing on Department of and Water Development held a budget hearing on Veterans Affairs. Testimony was heard from Robert Department of Energy, Science. Testimony was heard A. McDonald, Secretary, Department of Veterans Af- from Franklin Orr, Under Secretary for Science and

VerDate Sep 11 2014 04:40 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MR6.REC D02MRPT1 smartinez on DSK4VPTVN1PROD with DIGEST D208 CONGRESSIONAL RECORD — DAILY DIGEST March 2, 2016 Energy, Department of Energy; and Cherry Murray, opment Command; Brigadier General Joe Shrader, Director of the Office of Science, Department of En- USMC, Commander, Marine Corps Systems Com- ergy. mand; and Bill Taylor, Program Executive Officer Land Systems, U.S. Marine Corps. APPROPRIATIONS—HOUSE OF REPRESENTATIVES FISCAL YEAR 2017 BUDGET REQUEST FOR Committee on Appropriations: Subcommittee on Legisla- DEPARTMENT OF DEFENSE NUCLEAR tive Branch held a budget hearing on House of Rep- FORCES resentatives. Testimony was heard from Will Plaster, Committee on Armed Services: Subcommittee on Stra- Chief Administrative Officer; Karen L. Haas, Clerk; tegic Forces held a hearing entitled ‘‘Fiscal Year and Paul D. Irving, Sergeant at Arms. 2017 Budget Request for Department of Defense Nuclear Forces’’. Testimony was heard from Robert APPROPRIATIONS—TRANSPORTATION Scher, Assistant Secretary of Defense for Strategy, SECURITY ADMINISTRATION Plans, and Capabilities, Department of Defense; Ar- Committee on Appropriations: Subcommittee on Home- thur Hopkins, performing the duties of the Assistant land Security held a budget hearing on Transpor- Secretary of Defense for Nuclear, Chemical, and Bio- tation Security Administration. Testimony was heard logical Defense Programs, Department of Defense; from Peter Neffenger, Administrator, Transportation General Robin Rand, USAF, Commander, Air Force Security Administration. Global Strike Command; and Vice Admiral Terry APPROPRIATIONS—FEDERAL AVIATION Benedict, USN, Director, Navy Strategic Systems ADMINISTRATION Programs. Committee on Appropriations: Subcommittee on Trans- THE FISCAL YEAR 2017 DOE BUDGET portation, Housing and Urban Development, and Committee on Energy and Commerce: Subcommittee on Related Agencies held a budget hearing on Federal Energy and Power held a hearing entitled ‘‘The Fis- Aviation Administration. Testimony was heard from cal Year 2017 DOE Budget’’. Testimony was heard Michael Huerta, Administrator, Federal Aviation from Ernest J. Moniz, Secretary, Department of En- Administration. ergy. APPROPRIATIONS—LIBRARY OF EXAMINING THE U.S. PUBLIC HEALTH CONGRESS RESPONSE TO THE ZIKA VIRUS Committee on Appropriations: Subcommittee on Legisla- Committee on Energy and Commerce: Subcommittee on tive Branch held a budget hearing on the Library of Oversight and Investigations held a hearing entitled Congress. Testimony was heard from David S. Mao, ‘‘Examining the U.S. Public Health Response to the Acting Librarian; Robert R. Newlen, Chief of Staff; Zika Virus’’. Testimony was heard from Luciana and Maria A. Pallante, Register and Director. Borio, Assistant Commissioner for Counterterrorism WORLD WIDE THREATS Policy, Food and Drug Administration; Anthony Fauci, Director, National Institute of Allergy and In- Committee on Armed Services: Full Committee held a fectious Diseases, National Institutes of Health; hearing entitled ‘‘World Wide Threats’’. Testimony Thomas R. Frieden, Director, Centers for Disease was heard from Lieutenant General Vincent R. Stew- Control and Prevention; Nicole Lurie, Assistant Sec- art, USMC, Director, Defense Intelligence Agency; retary for Preparedness and Response, Department of and Major General James Marrs, USAF, Director for Health and Human Services; and Timothy M. Per- Intelligence, J–2, Joint Staff. sons, Chief Scientist, Government Accountability Of- GROUND FORCE MODERNIZATION fice; and public witnesses. BUDGET REQUEST BIOETHICS AND FETAL TISSUE Committee on Armed Services: Subcommittee on Tac- Committee on Energy and Commerce: Select Investigative tical Air and Land Forces held a hearing entitled Panel of the Committee on Energy and Commerce ‘‘Ground Force Modernization Budget Request’’. held a hearing entitled ‘‘Bioethics and Fetal Tissue’’. Testimony was heard from Lieutenant General Mi- Testimony was heard from public witnesses. chael E. Williamson, USA, Principal Military Dep- uty to the Assistant Secretary of the Army for Ac- MISCELLANEOUS MEASURES quisition, Logistics and Technology; Lieutenant Gen- Committee on Financial Services: Full Committee held eral John M. Murray, USA, Deputy Chief of Staff, a markup on H.R. 2121, the ‘‘SAFE Transitional Li- G–8; Lieutenant General Robert S. Walsh, USMC, censing Act of 2015’’; H.R. 2896, the ‘‘Taking Ac- Commanding General, Marine Corps Combat Devel- count of Institutions with Low Operation Risk Act

VerDate Sep 11 2014 04:40 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MR6.REC D02MRPT1 smartinez on DSK4VPTVN1PROD with DIGEST March 2, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D209 of 2015’’; H.R. 2901, the ‘‘Flood Insurance Market THE IMPACT OF THE PRESIDENT’S FY 2017 Parity and Modernization Act’’; H.R. 3798, the BUDGET ON THE ENERGY AND MINERAL ‘‘Due Process Restoration Act of 2015’’; H.R. 4096, LEASING AND PRODUCTION MISSIONS OF the ‘‘Investor Clarity and Bank Parity Act’’; H.R. THE BUREAU OF OCEAN ENERGY 4139, the ‘‘Fostering Innovation Act of 2015’’; H.R. MANAGEMENT, THE BUREAU OF SAFETY 4166, the ‘‘Expanding Proven Financing for Amer- AND ENVIRONMENTAL ENFORCEMENT, ican Employers Act’’; H.R. 4498, the ‘‘Helping An- AND THE BUREAU OF LAND gels Lead Our Startups Act’’; H.R. 4620, the ‘‘Pre- MANAGEMENT serving Access to CRE Capital Act of 2016’’; and Committee on Natural Resources: Subcommittee on En- H.R. 4638, the ‘‘Main Street Growth Act’’. The fol- ergy and Mineral Resources held a hearing entitled lowing bills were ordered reported, as amended: ‘‘The Impact of the President’s FY 2017 Budget on H.R. 2901, H.R. 2121, H.R. 4166, and H.R. 4638. the Energy and Mineral Leasing and Production Mis- The following bills were ordered reported, without sions of the Bureau of Ocean Energy Management amendment: H.R. 4096, H.R. 2896, H.R. 4139, (BOEM), the Bureau of Safety and Environmental H.R. 4498, H.R. 4620, and H.R. 3798. Enforcement (BSEE), and the Bureau of Land Man- agement (BLM)’’. Testimony was heard from the fol- MISCELLANEOUS MEASURES lowing Department of the Interior officials: Abigail Committee on Foreign Affairs: Full Committee held a Hopper, Director, Bureau of Ocean Energy Manage- markup on H. Con. Res. 75, expressing the sense of ment; Neil Kornze, Director, Bureau of Land Man- Congress that those who commit or support atroc- agement; and Brian Salerno, Director, Bureau of ities against Christians and other ethnic and reli- Safety and Environmental Enforcement. gious minorities, including Yezidis, Turkmen, GEOLOCATION TECHNOLOGY AND Sabea-Mandeans, Kaka’e, and Kurds, and who target PRIVACY them specifically for ethnic or religious reasons, are committing, and are hereby declared to be commit- Committee on Oversight and Government Reform: Full ting, ‘‘war crimes’’, ‘‘crimes against humanity’’, and Committee held a hearing entitled ‘‘Geolocation ‘‘genocide’’; and H. Con. Res. 121, expressing the Technology and Privacy’’. Testimony was heard from sense of the Congress condemning the gross viola- Richard Downing, Acting Deputy Assistant Attor- tions of international law amounting to war crimes ney General, Criminal Division, Department of Jus- and crimes against humanity by the Government of tice; and public witnesses. Syria, its allies, and other parties to the conflict in FIREARMS LOST: GSA’S ADMINISTRATION Syria, and asking the President to direct his Ambas- OF THE SURPLUS FIREARM DONATION sador at the United Nations to promote the estab- PROGRAM lishment of a war crimes tribunal where these crimes Committee on Oversight and Government Reform: Sub- could be addressed. H. Con. Res. 75 was ordered re- committee on Government Operations held a hear- ported, as amended. H. Con. Res. 121 was ordered ing entitled ‘‘Firearms Lost: GSA’s Administration of reported, without amendment. the Surplus Firearm Donation Program’’. Testimony THE GROWING THREAT OF CHOLERA AND was heard from Carol Ochoa, Inspector General, OTHER DISEASES IN THE MIDDLE EAST General Services Administration; William Sisk, Act- ing Assistant Commissioner, Office of General Sup- Committee on Foreign Affairs: Subcommittee on Africa, plies and Services, General Services Administration; Global Health, Global Human Rights, and Inter- and a public witness. national Organizations held a hearing entitled ‘‘The Growing Threat of Cholera and Other Diseases in BLOCKING REGULATORY INTERFERENCE the Middle East’’. Testimony was heard from public FROM CLOSING KILNS ACT OF 2016 witnesses. Committee on Rules: Full Committee held a hearing on H.R. 4557, the ‘‘Blocking Regulatory Interference THE TRANSPORTATION SECURITY from Closing Kilns Act of 2016’’. The committee ADMINISTRATION’S FY2017 BUDGET granted, by record vote of 5–3, a closed rule for REQUEST H.R. 4557. The rule provides one hour of debate Committee on Homeland Security: Subcommittee on equally divided and controlled by the chair and Transportation Security held a hearing entitled ‘‘The ranking minority member of the Committee on En- Transportation Security Administration’s FY2017 ergy and Commerce. The rule waives all points of Budget Request’’. Testimony was heard from Peter order against consideration of the bill. The rule pro- V. Neffenger, Administrator, Transportation Security vides that the bill shall be considered as read. The Administration, Department of Homeland Security. rule waives all points of order against provisions in

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Subcommittee on Commerce, Justice, Science, and Re- Committee on Veterans’ Affairs: to hold a joint hearing lated Agencies, to hold hearings to examine proposed with the House Committee on Veterans’ Affairs to exam- budget estimates and justification for fiscal year 2017 for ine the legislative presentation of multiple Veterans Serv- the Department of Commerce, 10:30 a.m., SD–192. ice Organizations, 10 a.m., 345, Cannon Building. Subcommittee on Military Construction and Veterans Select Committee on Intelligence: to receive a closed brief- Affairs, and Related Agencies, to hold hearings to exam- ing on certain intelligence matters, 2 p.m., SH–219. ine proposed budget estimates and justification for fiscal year 2017 and fiscal year 2018 for the Veterans Health House Administration and Veterans Benefits Administration, 11 Committee on Appropriations, Subcommittee on Interior, a.m., SD–124. Environment, and Related Agencies, budget hearing on Committee on Armed Services: to hold hearings to examine Office of Surface Mining Reclamation and Enforcement, the posture of the Department of the Air Force in review 9 a.m., B–308 Rayburn. of the Defense Authorization Request for fiscal year 2017 Subcommittee on Military Construction, Veterans Af- and the Future Years Defense Program, 9:30 a.m., fairs, and Related Agencies, budget hearing on Installa- SD–G50. tions, Environment, Energy and BRAC, 9:30 a.m., Committee on Banking, Housing, and Urban Affairs: Sub- HVC–210. committee on Securities, Insurance, and Investment, to Subcommittee on Defense, budget hearing on the hold hearings to examine regulatory reforms to improve Army, 10 a.m., H–140 Capitol. equity market structure, 10 a.m., SD–538. Subcommittee on Homeland Security, budget hearing Committee on Commerce, Science, and Transportation: busi- on the Coast Guard, 10 a.m., 2359 Rayburn. ness meeting to consider S. 2555, to provide opportuni- Subcommittee on Interior, Environment, and Related ties for broadband investment, the nomination of Thomas F. Scott Darling III, of Massachusetts, to be Adminis- Agencies, budget hearing on Bureau of Land Manage- trator of the Federal Motor Carrier Safety Administration, ment, 10 a.m., B–308 Rayburn. Department of Transportation, and routine lists in the Subcommittee on Agriculture, Rural Development, Coast Guard, 10 a.m., SR–253. Food and Drug Administration, and Related Agencies, Committee on Energy and Natural Resources: to hold hear- budget hearing on Department of Agriculture, Marketing ings to examine the President’s proposed budget request and Regulatory Programs, 10:15 a.m., 2362–A Rayburn. for fiscal year 2017 for the Department of Energy, 9:45 Subcommittee on Commerce, Justice, Science, and Re- a.m., SD–366. lated Agencies, budget hearing on National Aeronautics Committee on Finance: to hold hearings to examine free and Space Administration, Ocean Worlds, 10:30 a.m., trade agreement implementation, focusing on lessons H–309 Capitol. from the past, 10 a.m., SD–215. Committee on Armed Services, Subcommittee on Readi- Committee on Foreign Relations: to hold hearings to exam- ness, hearing entitled ‘‘The Marine Corps 2017 Operation ine the path forward in Libya, 10 a.m., SD–419. and Maintenance Budget Request and Readiness Pos- Committee on Homeland Security and Governmental Affairs: ture’’, 10:30 a.m., 2118 Rayburn. to hold hearings to examine the dogs of the Department Committee on Energy and Commerce, Subcommittee on of Homeland Security, focusing on how canine programs Commerce, Manufacturing, and Trade, hearing entitled contribute to homeland security, 10 a.m., SD–342. ‘‘Disrupter Series: Wearable Devices’’, 10 a.m., 2123 Committee on the Judiciary: business meeting to consider Rayburn. S. 247, to amend section 349 of the Immigration and Committee on Science, Space, and Technology, Subcommittee Nationality Act to deem specified activities in support of on Energy; and Subcommittee on Oversight, joint hearing terrorism as renunciation of United States nationality, S. entitled ‘‘Department of Energy Oversight: The DOE 2390, to provide adequate protections for whistleblowers Loan Guarantee Program’’, 9:30 a.m., 2318 Rayburn. at the Federal Bureau of Investigation, and the nomina- Permanent Select Committee on Intelligence, Full Com- tions of Elizabeth J. Drake, of Maryland, Jennifer Choe mittee, hearing on Fiscal Year 2017 ODNI Budget, 9 Groves, of Virginia, and Gary Stephen Katzmann, of a.m., HVC–304. This hearing will be closed. Massachusetts, each to be a Judge of the United States Court of International Trade, and Clare E. Connors, to be Joint Meetings United States District Judge for the District of Hawaii, Joint Hearing: Senate Committee on Veterans’ Affairs, 10 a.m., SD–226. to hold a joint hearing with the House Committee on Committee on Small Business and Entrepreneurship: to hold Veterans’ Affairs to examine the legislative presentation of hearings to examine the impacts of Federal fisheries man- multiple Veterans Service Organizations, 10 a.m., 345, agement on small businesses, 10 a.m., SR–428A. Cannon Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 3 9 a.m., Thursday, March 3

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 4557— ation of S. 524, Comprehensive Addiction and Recovery Blocking Regulatory Interference from Closing Kilns Act Act. of 2016 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Holding, George, N.C., E263 Poe, Ted, Tex., E260 Hudson, Richard, N.C., E260, E261, E267 Price, Tom, Ga., E263 Becerra, Xavier, Calif., E258, E263 Kind, Ron, Wisc., E259 Rangel, Charles B., N.Y., E264 Buck, Ken, Colo., E264 Latta, Robert E., Ohio, E258 Scalise, Steve, La., E257 Calvert, Ken, Calif., E265 Lee, Barbara, Calif., E263 Sewell, Terri A., Ala., E268 Capuano, Michael E., Mass., E264 Luja´ n, Ben Ray, N.M., E257 Carter, Earl L. ‘‘Buddy’’, Ga., E261 Lynch, Stephen F., Mass., E262 Sinema, Kyrsten, Ariz., E267 Cartwright, Matt, Pa., E261 McCollum, Betty, Minn., E264 Slaughter, Louise McIntosh, N.Y., E257 Coffman, Mike, Colo., E264 Moolenaar, John R., Mich., E258 Smith, Jason, Mo., E265 Curbelo, Carlos, Fla., E265 Napolitano, Grace F., Calif., E258 Valadao, David G., Calif., E262 Dingell, Debbie, Mich., E266 Norcross, Donald, N.J., E267 Vela´ zquez, Nydia M., E266 Donovan, Daniel M., Jr, N.Y., E259 Norton, Eleanor Holmes, The District of Columbia, Visclosky, Peter J., Ind., E257 Farenthold, Blake, Tex., E259 E266 Webster, Daniel, Fla., E257 Green, Al, Tex., E260 Olson, Pete, Tex., E258, E260, E261, E262, E263, E263, Wenstrup, Brad R., Ohio, E260, E260, E266 Guinta, Frank C., N.H., E258, E258 E264, E267 Hastings, Alcee L., Fla., E262 Pocan, Mark, Wisc., E261

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