Entire Issue (PDF)

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

Vol. 162 WASHINGTON, MONDAY, APRIL 4, 2016 No. 50 House of Representatives The House was not in session today. Its next meeting will be held on Monday, April 11, 2016, at 3:30 p.m. Senate MONDAY, APRIL 4, 2016

The Senate met at 3 p.m. and was to the Senate from the President pro our Nation and across the world. They called to order by the Honorable BILL tempore (Mr. HATCH). defend this symbol of our democracy, CASSIDY, a Senator from the State of The legislative clerk read the fol- and that means putting themselves in Louisiana. lowing letter: harm’s way day in and day out. Again, f U.S. SENATE, we thank them for it. PRESIDENT PRO TEMPORE, We also welcome Capitol Police Chief PRAYER Washington, DC, April 4, 2016. Matthew Verderosa. Chief Verderosa The Chaplain, Dr. Barry C. Black, of- To the Senate: comes to us with more than three dec- fered the following prayer: Under the provisions of rule I, paragraph 3, ades of law enforcement experience, Let us pray. of the Standing Rules of the Senate, I hereby and that is a good thing given that this Worthy God, unto whom all hearts appoint the Honorable BILL CASSIDY, a Sen- incident occurred just days into his are opened, all desires known, and from ator from the State of Louisiana, to perform new position. The Chief inherits an the duties of the Chair. whom no secrets are hidden, we praise able, brave team who works hard every Your Holy Name. You commanded ORRIN G. HATCH, President pro tempore. day to keep us safe. We look forward to light to shine out of darkness and gave continuing our close working relation- Mr. CASSIDY thereupon assumed the us the gift of this day. Lord, we borrow ship with the Capitol Police under his Chair as Acting President pro tempore. our heartbeats from You; great is Your leadership. faithfulness. f Help our lawmakers to take the long f view of their work and to not become RECOGNITION OF THE MAJORITY DEFEND TRADE SECRETS BILL LEADER weary in doing Your will. Teach them Mr. MCCONNELL. Mr. President, to trust Your wisdom, opening their The ACTING PRESIDENT pro tem- today the Senate will vote on the De- minds to the counsels of Your sacred pore. The Senate majority leader is fend Trade Secrets Act. This bipartisan Word. Give them the graciousness to recognized. legislation can help promote growth of humbly serve one another, following f the economy, help spur the increase Your example of lowliness. Lord, keep and retention of American jobs, and them always within the circle of Your THANKING OUR CAPITOL POLICE help protect American innovation in will. OFFICERS AND WELCOMING the global economy. It aims to do so by We pray in Your loving Name. Amen. CHIEF MATTHEW VERDEROSA providing tools for American compa- f Mr. MCCONNELL. Mr. President, I nies both small and large to effectively PLEDGE OF ALLEGIANCE welcome our colleagues back from protect some of their most valuable as- their State work periods. The Senate sets in today’s international economy. The Presiding Officer led the Pledge has gotten a lot done under the new American companies spend billions of Allegiance, as follows: majority, and we will continue our every year on research and develop- I pledge allegiance to the Flag of the work today. ment and in the creation of products United States of America, and to the Repub- lic for which it stands, one nation under God, First, I want to remember the daily we use every day. But some thieves indivisible, with liberty and justice for all. sacrifice of our Capitol Police in light would rather not go through the trou- of the incident last Monday. Incidents ble of developing products themselves; f like these remind us of the sacrifices they would rather just steal the fruits APPOINTMENT OF ACTING officers make on our behalf each and of others’ creativity and innovation. PRESIDENT PRO TEMPORE every day. These brave men and women That is more than just wrong; it puts The PRESIDING OFFICER. The protect all who work here. They pro- American jobs and the American econ- clerk will please read a communication tect the countless visitors from across omy at risk.

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

S1621

.

VerDate Sep 11 2014 01:25 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.000 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE S1622 CONGRESSIONAL RECORD — SENATE April 4, 2016 American businesses find themselves TERRORIST THREATS DEFEND TRADE SECRETS BILL increasingly under attack from a so- Mr. MCCONNELL. Mr. President, in Mr. REID. Mr. President, I under- phisticated effort to steal the very recent weeks we have again been re- stand why my friend the Republican things that give them a competitive minded of the pervasive threat posed leader is doing everything he can to edge in the 21st-century economy— by Islamic terrorists to the world. We shine a bright light on the Judiciary things such as codes, formulas, and have seen ghastly images in places as Committee. It is kind of hard to do confidential manufacturing processes. diverse as Brussels, Yemen, and La- that considering everything that is While it has never been easier for these hore. Attacks seem to be coming near- going on today. The bill that we will thieves to launch attacks on innova- ly weekly now, and it feels as if we vote on at 5:30 p.m. would have passed tion, sometimes armed with little more hear of a new one almost every time we with unanimous consent, and every- than a jump drive, many American flip on the news. body knows that. We don’t need to businesses now find themselves less Over the weekend, the chairman of take up the Senate’s time on a bill that able to protect their important assets the Intelligence Committee delivered would pass just like that. We are doing under current law. an address focused on the threat facing it because it focuses less attention on Senator HATCH knew we had to do us and what we can ultimately do to the inadequacy of the Judiciary Com- something about this. He knew it was overcome it. Senator BURR noted that mittee. The Defend Trade Secrets Act time to modernize our trade secret he could not remember a time when was easily reported out of committee. laws to keep pace with rapid advances the United States and its allies faced a There were no problems. It was a bill in technology and in criminal tech- greater array of threats across the on which everybody agreed. There may niques. He knew it was time to stream- world, which is why, as he put it, ‘‘we be some reasons for it, but I don’t see line and simplify the process for U.S. cannot simply focus our efforts on how why the Judiciary Committee should companies to effectively defend Amer- to best respond to attacks once they’ve be given a few pats on the back. The ican jobs, American growth, and the already happened.’’ Senator BURR problem is that the committee does not American innovation that is increas- spoke on the significance of working deserve any pats on the back at this ingly at the heart of our modern econ- with our allies to target threats at stage. every level. He talked about the impor- omy. Senator HATCH worked across the JUDICIAL NOMINATIONS tance of ensuring that law enforcement aisle with Senator COONS to develop Mr. REID. Mr. President, as U.S. the Defend Trade Secrets Act. This bi- has the tools and authorities needed to Senators we have a constitutional obli- keep Americans safe. He also under- partisan legislation eventually gained gation to consider nominees to impor- lined the need for President Obama to the cosponsorship of a majority of the tant positions. That is one of our con- do more in directly taking on ISIL and Senate. stitutional responsibilities. Judges made clear that doing so would require play an essential role in our society, This bipartisan legislation also leadership that reached beyond the ad- and we should give qualified nominees passed the Judiciary Committee unani- ministration’s current containment the fair shot they deserve. Sadly, the mously. That is impressive, and it strategy. Republican Senate has refused to do its wouldn’t have happened without the It is clear that defeating ISIL, Al job. They have a new standard: Unless able leadership of the chairman of that Qaeda, and its affiliates will require the judge-to-be passes the test on the committee, Senator GRASSLEY from concerted action by our military, the National Rifle Association, as stated Iowa. Since the new majority took of- intelligence community, and inter- by the Republican leader on national fice, Senator GRASSLEY has been a national partners around the globe. TV, they can’t vote for him. highly effective legislator as chairman That is why we have continued to press The Judiciary Committee has been of the Judiciary Committee. From the administration for a serious plan to hammered—and that is an understate- comprehensive legislation to address defeat these terrorist groups and not ment—day after day in the State of America’s opioid epidemic, to pro- simply attempt to contain them. In ad- Iowa, the home State of the chairman dition to the ongoing air campaign, the tecting the victims of modern slavery, of the committee. This is a headline President has lauded deploying special to today’s effort to support American from the largest newspaper in the operations forces to target and pursue innovation, he has received widespread State, the Des Moines Register: ISIL. It is a positive step, but a cred- praise from both sides of the aisle for ‘‘Grassley leads slowdown of judicial ible ground force will be needed to de- leading a very productive committee. confirmations.’’ Here is what this head- feat ISIL. Senator GRASSLEY is a hard worker, line is all about: and he is again winning kudos on this As Senator BURR put it, ‘‘We’re be- The Republican-controlled Senate Judici- bill. yond containment and must move deci- sively and with purpose to eliminate ary Committee and its Chairman, Senator The organization that represents Grassley, have fallen far behind any com- the Islamic State.’’ America’s tech sector said that ‘‘the parable Senate in confirming judicial nomi- ‘‘The President,’’ he continued, has nations. committee’s process has been very accurately stated ‘‘that ‘ISIL poses a open and thoughtful.’’ A broad cross threat to the entire civilized world.’ Reading directly from the Des section of American businesses wrote Now is the time for our strategy to Moines Register article: that ‘‘the approach to the bill has been match that threat.’’ Even before the current controversy over consensus-oriented.’’ This, they said, consideration of a Supreme Court justice, ac- ‘‘led to broad and enthusiastic support f tion on federal court nominations has slowed from a wide range of American organi- AMERICA’S SMALL BUSINESS TAX markedly since U.S. Senator Chuck Grassley zations and companies . . . rep- RELIEF ACT OF 2015—MOTION TO took control of the Senate Judiciary Com- PROCEED mittee. resenting the technology, medical de- Since Republicans won a Senate majority vice, agriculture, biotech, pharma- Mr. MCCONNELL. Mr. President, I in 2014, the number of President Obama’s ceutical, automobile, clean energy, move to proceed to H.R. 636, the vehi- nominees winning confirmation to the bench consumer products and manufacturing cle we will use for FAA reauthoriza- has fallen compared with previous years and sectors.’’ tion. long-term averages, as have the number ad- The ACTING PRESIDENT pro tem- vancing out of Grassley’s Judiciary Com- Here is what I say: Today’s trade se- mittee, according to data from the Congres- cret theft is high-tech. It is fast mov- pore. The clerk will report the motion. The legislative clerk read as follows: sional Research Service and the federal judi- ing, and it threatens America’s econ- ciary. omy, America’s jobs, and America’s in- Motion to proceed to Calendar No. 55, H.R. 636, to amend the Internal Revenue Code of The article also quotes Professor novation. 1986 to permanently extend increased expens- Sheldon Goldman, an expert on judicial I ask that my colleagues join me this ing limitations, and for other purposes. confirmations from the University of evening in voting to fight back on be- RECOGNITION OF THE MINORITY LEADER Massachusetts Amherst. He said: half of the American people. I ask them The ACTING PRESIDENT pro tem- ‘‘With Republicans taking over the to join me in supporting the bipartisan pore. The Democratic leader is recog- Senate, the strategy has been to ob- Defend Trade Secrets Act. nized. struct, delay and slow-walk these

VerDate Sep 11 2014 03:40 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G04AP6.002 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 4, 2016 CONGRESSIONAL RECORD — SENATE S1623 nominees at every stage of the proc- and powerful Judiciary Committee, es- want. They want Republicans to do ess.’’ tablished hundreds of years ago, has their constitutional duty and give Statistics from the nonpartisan Con- become a mere shadow of its former these judges due consideration. That is gressional Research Service confirmed self. He has turned the once powerful not asking too much. Professor Goldman’s assertion. Under and independent Judiciary Committee So I say to the chairman of the Judi- Chairman GRASSLEY’s leadership, the into an extension of the Republican ciary Committee: Stop blocking these Judiciary Committee is grinding the leader’s office. nominees. Do what other Judiciary nomination process to a halt. The num- This is the same gridlock the Repub- chairs have done for 200 years and ber of judicial nominations confirmed lican leader has imposed upon the Sen- move the process forward. These nomi- in this Congress is the worst. To date, ate for the last 8 years. Since his party nations are important. Or, put simply, this Republican-controlled Senate has assumed the majority in the Senate do your job. This—a historic slowdown confirmed only 16 judicial nomina- last January, the Republican leader’s of judicial confirmations—isn’t your tions. That is one judge a month. carefully orchestrated obstruction of job, and it is not what the people of Contrast that with the last years of judicial nominations has accelerated to Iowa sent you here to do, as indicated George W. Bush’s Presidency. We had a historical levels and judicial emer- by the Des Moines Register: ‘‘Grassley Democratic Senate and we had a Re- gencies have tripled. leads slowdown of judicial confirma- publican President. Then-Democratic My friend—we have served together tions.’’ Chair LEAHY and his Senate colleagues in the Senate for decades—can come to Mr. President, I see no one here confirmed 40 judges—40 confirmations the floor all the time to speak about wanting to speak. Would the Chair an- compared to 16 under Chairman GRASS- the success of the Senate. No matter nounce the business for the rest of the LEY. The numbers speak for them- how many times you say a falsehood, it day. selves. is still false. f But to better understand the dys- Senator MCCONNELL once declared function of Senator GRASSLEY’s com- himself the ‘‘proud guardian of grid- RESERVATION OF LEADER TIME mittee, we have to consider the slow lock.’’ Senator GRASSLEY has become The ACTING PRESIDENT pro tem- pace at which he and Republicans are his most willing disciple. It is dis- pore. Under the previous order, the reporting judicial nominations. We appointing that the senior Senator leadership time is reserved. have to go back more than six decades from Iowa has surrendered his com- f to find a Senate Judiciary Committee mittee to the Republican leader. that was less productive than Chair- The lack of progress on judges should MORNING BUSINESS man GRASSLEY’s committee is today. alarm Members of the Senate—even The ACTING PRESIDENT pro tem- Republicans will doubtless claim that Republican Senators. Take, for exam- pore. Under the previous order, the their committee has stopped working ple, the nomination of a man by the Senate will be in a period of morning because it is the last year of Obama’s name of Waverly Crenshaw, who was business until 5 p.m., with Senators Presidency. That is simply nonsense. recommended by Senators ALEXANDER permitted to speak therein for up to 5 In 1988—President Reagan’s last year— and CORKER to be a district judge in minutes each. the Senate Judiciary Committee re- the Middle District of Tennessee. Mr. Mr. REID. Mr. President, I suggest ported circuit and district court nomi- Crenshaw is a superb nominee who has the absence of a quorum. nations as late as October. The Senate broken barriers all of his life. He is cur- The ACTING PRESIDENT pro tem- considered President Reagan’s, Presi- rently a partner at a well-renowned pore. The clerk will call the roll. dent Clinton’s, and President George law firm in Nashville where he became The legislative clerk proceeded to W. Bush’s judicial nominations in the the first African-American partner in call the roll. eighth year of their terms, and many 1990. The senior Senator from Ten- Mr. DAINES. Mr. President, I ask other Presidents were treated the same nessee said that Mr. Crenshaw would be unanimous consent that the order for way. ‘‘an excellent federal district judge.’’ I the quorum call be rescinded. The Republican leader is on the agree. He was reported out of the Judi- The ACTING PRESIDENT pro tem- record advocating for the confirmation ciary Committee unanimously in July pore. Without objection, it is so or- of judicial nominees in a President’s of 2015—almost 10 months ago. dered. last year in office. This is what the Re- The vacancy in the Middle District of f publican leader said in July of 2008: Tennessee is a judicial emergency, REMEMBERING DR. JOSEPH ‘‘Even with lameduck Presidents, there meaning there are more cases than the MEDICINE CROW is a historical standard of fairness as to judges on the court can handle. The confirming judicial nominees, espe- junior Senator from Tennessee said: ‘‘I Mr. DAINES. Mr. President, yester- cially circuit court nominees.’’ Those know there is a tremendous load of day Dr. Joseph Medicine Crow passed are the Republican leader’s own words. work in the Nashville office that needs away after a long life at the age of 102. Yet now he refuses to extend that ‘‘his- to get done, and we’ve talked a great Dr. Joseph Medicine Crow leaves an un- torical standard of fairness’’ to Presi- deal with the other judges there and matched legacy as the Crow Tribe’s dent Obama’s nominees. Why are Re- know this position needs to be con- historian and storyteller, a decorated publicans changing the rules for Presi- firmed.’’ World War II veteran, and the first dent Obama’s nominees? Last month, the Senators from Mary- member of the Crow Tribe to ever ob- Given that the chairman of the Judi- land asked to bring the Crenshaw nom- tain a master’s degree. ciary Committee refused to attend to ination to a vote, but the assistant Re- Medicine Crow lived a life filled with the judiciary, how is the Republican publican leader objected. Both Sen- numerous accomplishments. He en- Committee spending its time? We know ators brought this forward. The objec- listed in the U.S. Army and joined the Chairman GRASSLEY’s committee is re- tion was the same. The senior Senator 103rd Infantry Division. As a proud fusing to consider President Obama’s from Texas said it will lead to ‘‘chaos’’ member of the Crow Tribe, he never Supreme Court nominee, Chief Judge to schedule a vote on Mr. Crenshaw. went into battle without his war paint Merrick Garland. We know Chairman Chaos is exactly what the Repub- beneath his uniform and a sacred Eagle GRASSLEY’s committee is refusing to licans are bringing to the judiciary. feather beneath his helmet. In fact, adequately report district and circuit From the Supreme Court, to the cir- during World War II he achieved the court nominees. cuit courts, to the district courts, our war deeds to be declared chief. In 2006 This much is clear: The Republican entire judicial branch of government is his personal memoir, ‘‘Counting Coup’’ Judiciary Committee is not doing its under siege by this Republican Senate. was published by National Geographic. job. Instead, the senior Senator from After they have crippled the judiciary, When he earned the Medal of Freedom Iowa is taking his marching orders the Republican leader and Chairman in 2009, our Nation’s highest civilian from the Republican leader and has in- GRASSLEY want to hand it over to Don- honor, the White House identified him stituted a blockade of judicial nomina- ald Trump. That would be disastrous. as both ‘‘a warrior and a living leg- tions at every level. The once proud That is not what the American people end.’’ He is considered one of the most

VerDate Sep 11 2014 01:25 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G04AP6.003 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE S1624 CONGRESSIONAL RECORD — SENATE April 4, 2016 celebrated Native American soldiers MADE-IN-MONTANA ENERGY hard these times are for millenials, due to his selfless service in World War Mr. DAINES. Mr. President, made-in- highlighting their median income II. Montana energy means good Montana across the United States. Montana Medicine Crow’s spirit, his humility, jobs that on average pay two to three ranked 50th, dead last, at a median in- and his life achievements leave a last- times more than the State average. In come of $18,000 a year for millenials. ing imprint on Montana’s history. I fact, Montana’s ability to create more We cannot forget that Montana coal personally will never forget the time I good-paying energy jobs is immense. provides tax revenues of $145 million a got to shake his hand and greet him Our State leads the Nation in recover- year which supports our teachers and and thank him for his service to our able coal deposits. We are the Nation’s our schools. Montana should lead the country. fifth largest producer of hydropower, world in developing clean coal tech- I wish to express my deepest condo- with 23 hydroelectric dams across the nology. We must continue to develop lences to Dr. Joseph Medicine Crow’s State, and we are fifth in wind energy renewable technologies that will store family and all of the Crow Nation. potential. the power created by wind. f In fact, Montana was center stage in The bottom line is, we should not REMEMBERING RUSS RITTER the national energy debate and pro- allow Washington, DC, and the Obama Mr. DAINES. Mr. President, I wish to vides our Nation a template of a true administration to dictate and regulate speak about Russ Ritter. ‘‘all of the above’’ energy portfolio. We coal and gas out of existence. We need This past week longtime Helena have coal, natural gas, oil, as well as more made-in-Montana energy, not mayor and dedicated public servant renewables such as hydro, wind, bio- more made-in-the-Middle-East energy. Russ Ritter passed away at the age of mass, and solar opportunities. Make no mistake, President Obama’s 83. What makes our State most valuable Environmental Protection Agency and Russ was one of those guys who real- are the people who make our energy their regulations are killing Montana ly made a notable difference in Mon- systems work—towns such as Colstrip, energy. tana, especially in our State capital of MT, that build communities around Our country’s future is very bright if Helena. He was a true inspiration for livelihoods that are reliant on good- we could unleash the power of innova- Montanans seeking public office, and paying energy jobs. That is the good tion and rein in the overregulation of he was the first person to inspire oth- news. Washington, DC. I couldn’t agree more ers to run for mayor, including our cur- Here is the bad news: Montana en- with what Darrin Old Coyote, chair- rent mayor, Jim Smith. ergy jobs are under assault. Over the man of the Crow Nation tribes, said in Russ was instrumental in the con- past 2 weeks, I heard from Montanans his keynote address at Montana En- struction of a 10-mile water treatment about the future and importance of ergy 2016 in Billings just last Thursday. plant. That was a big-ticket expendi- made-in-Montana energy and made-in- He said this: ‘‘All of Montana citizens ture on the part of the city, and all Montana good-paying jobs. During my need to work together for a better to- bonds are now paid off and the plant is week-long tour across our State, I once morrow: renewable energy, fossil en- up and running. I might suggest that again saw our vast natural resources ergy, conventional energy, Indian or Washington, DC, could take a few les- and our true energy potential, whether non-Indian, regardless of political af- sons from Russ Ritter. During Russ’s it was touring a wind farm near Baker, filiation, whether we are Democrats, time, Helena transformed the solid MT, on the far eastern side of our Republicans or Independents.’’ waste system, and he also helped auto- State, or seeing the hydropower facil- Montanans can find better solutions mate the system. He provided true ity at Helena’s Hauser Dam, or hosting than Washington, DC, bureaucrats. management of the city and improved a townhall at Colstrip. I was hearing Mr. President, I suggest the absence it for generations to come by helping directly from the community about the of a quorum. prevent the spread of diseases and cre- devastating impacts that President The ACTING PRESIDENT pro tem- ating a healthier Helena. Obama’s anti-coal regulations will pore. The clerk will call the roll. Russ also had a soft spot in his heart have on hard-working Montanans. The legislative clerk proceeded to for the USS Helena, the nuclear pow- My statewide energy tour culminated call the roll. ered submarine. He went to the chris- this past week at Montana Energy 2016, Mr. GRASSLEY. Mr. President, I ask tening of the launch in 1986 and spent 9 where over 600 people gathered in Bil- unanimous consent that the order for days on the USS Helena underwater. lings, MT, for a Montana family con- the quorum call be rescinded. Another great story about Russ was versation about our State’s energy fu- The ACTING PRESIDENT pro tem- reported recently in the Helena Inde- ture. During that 21⁄2-day summit, we pore. Without objection, it is so or- pendent Record: heard a consistent and powerful mes- dered. Russ met President Ronald Reagan in Bil- sage about the need to maximize our Mr. GRASSLEY. Mr. President, I ask lings on August 11, 1982. But this meeting, one for which their father had planned and opportunity for growth and expand unanimous consent to speak for 15 min- prepared his remarks, the children said, did made-in-Montana energy and the good- utes in morning business. not go as envisioned. Russ greeted the Presi- paying jobs it supports. The ACTING PRESIDENT pro tem- dent by saying, ‘‘Hello, mister mayor, I’m Montanans are leading American en- pore. Without objection, it is so or- the President of Helena,’’ to which Reagan ergy innovation; for example, Mon- dered. responded, ‘‘No, I think you’ve got that tanans such as Chrystal Cuniff, a Mon- f wrong,’’ Mike said. ‘‘This left their father a tana tech engineer from Choteau, who bit flustered,’’ Mike continued, adding that helped drill the deepest well in the Gulf INSPECTOR GENERAL Russ made his living talking to people and EMPOWERMENT ACT always knew the right thing to say. of Mexico, or Ryan Lance, a Montana native, a graduate of Montana Tech, Mr. GRASSLEY. Mr. President, this On behalf of Montanans and the peo- who is leading one of the largest oil body was last in session during Sun- ple of Helena, we thank Russ for his shine Week, but the principle of gov- selfless service and will never forget and gas companies in the world, or ernment transparency is one that does his legacy on the history of our State. Ashley Dennehey from Colstrip, who Mr. President, I suggest the absence highlighted how the boilermakers, op- not expire. So I would like to take a of a quorum. erators, and other hard-working labor few moments now to reiterate my sup- The ACTING PRESIDENT pro tem- groups in her community are working port for that timeless principle. pore. The clerk will call the roll. hard to keep the lights on in the face of Open government is good govern- The legislative clerk proceeded to adversity. ment. And Americans have a right to a call the roll. We must continue investing in our 2- government that is accountable to its Mr. DAINES. Mr. President, I ask year colleges that provide training in people. In 1978, following the lessons unanimous consent that the order for trades such as welding and heavy ma- learned from the Watergate scandal, the quorum call be rescinded. chine operations so we can keep our Congress created Inspectors General— The ACTING PRESIDENT pro tem- kids in Montana with good, high-pay- or IGs—to be our eyes and ears within pore. Without objection, it is so or- ing energy jobs. In fact, Business In- the executive branch. These inde- dered. sider released a map that shows how pendent watchdogs are designed to

VerDate Sep 11 2014 01:25 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G04AP6.005 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 4, 2016 CONGRESSIONAL RECORD — SENATE S1625 keep Congress and the public informed at least 61 votes—at least. If this bill to be clear: the bill also imposes limi- about waste, fraud, and abuse in gov- came up for a vote, it would certainly tations on the authority of IGs to re- ernment. But they also help agency pass easily. It was developed hand-in- quire testimony. leaders identify problems and ineffi- hand over many months with both There are several procedural protec- ciencies that they may not be aware of. Democrats and Republicans in the tions in place to ensure that this au- So IGs are critical to good governance House of Representatives, which is thority is exercised wisely. For exam- and to the rule of law. ready to move an identical bill as soon ple, the subpoena must first be ap- But in order for these watchdogs to as we act here in the Senate. proved by a majority of a designated do their jobs, IGs need access to agency So, on December 15, Senators MCCAS- panel of three other IGs. It is then re- records. That is why the law authorizes KILL, JOHNSON, and I attempted to pass ferred to the Attorney General. For IGs to access ‘‘all’’ records of the agen- this bill by a process known as a live those IGs that can already subpoena cy that they’re charged with over- unanimous consent. Our goal was to witness testimony, I am not aware of seeing. However, since 2010, more and pass the bill right then and there, and any instance in which it has been mis- more agencies have refused to comply we could have, had a Senator not ob- used. with this legal obligation. This ob- jected. However, the minority leader, In fact, the Inspector General for the struction has slowed down far too Senator REID stood up and objected. Department of Defense has established many important investigations—rang- The minority leader obstructed a bill a policy that spells out additional pro- ing from sexual assaults in the Peace sponsored by seven Senators of his own cedures and safeguards to ensure that Corps to the FBI’s exercise of anti-ter- party. Senator REID refused to give any subjects of subpoenas are treated fair- rorism authorities under the PATRIOT reason for obstructing this bipartisan ly. I am confident that the rest of the Act. bill, both at that time and later when IG community will be just as scru- Last July, the Justice Department’s questioned by reporters. All he would pulous in providing appropriate protec- Office of Legal Counsel aided and abet- say publicly was that a Senator on his tions for the use of this authority as ted the obstruction by issuing a memo side of the aisle had concerns. well. You see, we all win when IGs can defending it. That memo has given Apparently, Senator REID is now tell- do their jobs. And most importantly, cover to other agencies to follow the ing the press that his concerns relate the public is better served when IGs are FBI’s lead and withhold records from to provisions of the bill that give IGs able to shine light into government op- their IGs. the power to subpoena testimony from erations and stewardship of taxpayer According to OLC’s 66-page opinion, former federal employees. In a mo- dollars. Congress didn’t really mean to give IGs ment, I will explain why this authority This is a common sense, bipartisan access to ‘‘all records’’—even though is absolutely vital to the ability of IGs bill that should have passed by unani- that is literally what we spelled out in to conduct effective investigations. mous consent. It overturns an OLC the law. Think about that for a second. But before I do that, I want to make opinion that has been roundly criti- One unelected bureaucrat in the Jus- one thing crystal clear. My bipartisan cized by nearly everyone who has read tice Department thinks he can over- cosponsors and I have been working in it. For example, the New York Times turn the will of 535 elected officials in good faith to address these concerns for editorial board recently urged us to Congress and the President who signed 5 months—since November 2015. In pass this bill so that we can allow IGs the bill into law. That is unacceptable, those 5 months, we have offered at to do their jobs. But Senator REID is and Americans are tired of stunts like least half a dozen accommodations standing in the way of the Senate this that undermine democracy and the that would limit the subpoena author- doing its job. rule of law, and make a mockery of ity in question. So we have offered rea- The Washington Post editorial board government transparency. sonable compromises, but the one or and the Project on Government Over- The public deserves robust scrutiny two Senators who object to this provi- sight have also called on us to fix this of the federal government. So, since sion appear to be demanding it be re- IG access problem. At a Judiciary Com- September, a bipartisan group of Sen- moved from the bill entirely. mittee hearing in August, Senator ators and I have been working to over- Let me tell you why we cannot do LEAHY said that this access problem is turn the OLC opinion through S. 579, that. When employees of the U.S. gov- ‘‘blocking what was once a free flow of the Inspector General Empowerment ernment are accused of wrongdoing or information.’’ Senator LEAHY also Act. Among other things, this bill in- misconduct, IGs should be able to con- called for a permanent legislative solu- cludes further clarification that Con- duct a full and thorough investigation tion. gress intended IGs to access all agency of those allegations. Getting to the Even the Justice Department witness records, notwithstanding any other bottom of these allegations is nec- at that hearing disagreed with the re- provision of law, unless other laws spe- essary to restore the public trust. Un- sults of the OLC opinion and supported cifically state that IGs are not to re- fortunately, employees who may have legislative action to solve the problem. ceive such access. violated that trust are often allowed to But, to all of that, Senator REID said We attempted to pass this bill by evade the IG’s inquiry, by simply retir- ‘‘no.’’ unanimous consent in September. ing from the government. So the bill Make no mistake: by blocking this Since then, the cosponsors and I have empowers IGs to obtain testimony bipartisan, good-government bill, Sen- worked hard in good faith to accommo- from employees like this. ator REID is muzzling watchdogs, and date the concerns of any and all Sen- Similarly, the bill helps IGs better the public is being robbed of their right ators willing to work with us. As a re- expose waste, fraud, and abuse by those to an accountable government. What is sult, this bill now has a total of 17 co- who receive Federal funds. It enables it about independent Inspector General sponsors, including 7 of my esteemed IGs to require testimony from govern- oversight that the minority leader is Democratic colleagues: Senators ment contractors and subcontractors afraid of? Remember, the public is bet- MCCASKILL, CARPER, MIKULSKI, WYDEN, and grantees and sub-grantees. Cur- ter served when IGs are able to shine BALDWIN, MANCHIN, and PETERS. I want rently, most IGs can subpoena docu- light into government operations and to thank each and every one of them ments from entities from outside their stewardship of taxpayer dollars. for standing up with me for Inspectors agency. However, most cannot sub- And the public is beginning to take General and for the principles of good poena testimony, although a few can. notice of Senator REID’S obstruction. governance. For example, the Inspectors General Just last week, the Las Vegas Review- In December, we attempted to pass for the Defense Department and the Journal—which is the largest circu- this bipartisan bill by unanimous con- Department of Health and Human lating daily newspaper in the minority sent. The bill cleared the Republican Services already have this authority. leader’s home State—published an arti- side with no objection, but the bill was The ability to require witnesses out- cle discussing his obstruction. Let me objected to on the Democratic side. side the agency to talk to the IG can be just take a moment to read a quote So, let’s do the math. None of the 54 critical in carrying out an inspector from this article: Republican Senators objected. There general’s statutory duties or recov- U.S. Senate Democratic leader Harry Reid are seven Democrat cosponsors. That is ering wasted federal funds. But I want of Nevada received a government watchdog

VerDate Sep 11 2014 03:40 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.003 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE S1626 CONGRESSIONAL RECORD — SENATE April 4, 2016 group’s dubious honor... for blocking a bill pete globally. This bill will help pro- a Federal crime. Nearly 20 years later, to back inspectors general in their battles tect vital intellectual property, and I the threat of trade secret theft has against waste, fraud, abuse, and mismanage- am pleased to be a cosponsor. grown. Thumb drives and the cloud ment and refusing to provide a full expla- Trade secrets are the lifeblood of so have replaced file cabinets for storage nation on why he did so. many businesses in American. Stealing information, making stealing a trade Then, just over this weekend, the edi- those ideas can wipe out years of re- secret as easy as clicking a button or torial board of this same newspaper search by employees and development touching a screen. Trade secret theft wrote an opinion piece entitled, ‘‘Let and cost millions of dollars in losses threatens not just businesses but jobs the sun shine in.’’ Let me just read an because competitors—those that steal and, certainly, innovation. excerpt from this article: the secrets—reap the benefits of inno- Protecting the intellectual property Because Sen. Grassley’s bill has attracted vation without putting in any of the of American businesses needs 21st cen- bipartisan support, and because Republicans work. Although measuring the total tury solutions. The Defend Trade Se- and Democrats jointly have objected to ef- forts to thwart IGs from doing their jobs, cost of trade secret theft is difficult, crets Act demonstrates our commit- we’re confident that compromise is one study using multiple approaches ment at the Federal level to protect all possible.... We urge Sens. Reid and Grass- estimates the yearly cost at 1 to 3 per- forms of a business’s intellectual prop- ley to work together to pass this important cent of the U.S. gross domestic prod- erty. This balanced bill gives compa- legislation as quickly as possible. uct. nies two more tools to effectively pro- As I mentioned earlier, the bipar- Today, as much as 80 percent of com- tect their trade secrets. tisan group of cosponsors and I have al- panies’ assets are intangible, the ma- First, a party can seek an ex parte ready offered half a dozen accommoda- jority of them in the form of trade se- court order to seize stolen trade secrets tions to address the concerns related to crets. This includes everything from fi- to prevent their destruction or dissemi- the subpoena authority provision. All nancial, business, scientific, technical, nation. To prevent abuse, the require- of those offers are still on the table, economic, and engineering information ments to obtain an order are rigorous, and we stand ready to work with Sen- to formulas, designs, prototypes, proc- access to the seized material is limited, ator REID and the other Senator to get esses, procedures, and computer code. and it is only available in what are this bill done; in a way that improves Trade secret theft poses a particular considered ‘‘extraordinary cir- IG access to both documents and wit- risk for my home State of Minnesota, cumstances.’’ ness testimony. which has a strong tradition of innova- Second, the bill creates a Federal pri- Remember, the Inspector General tion and bringing technological ad- vate right of action for trade secret Act was passed in 1978, following one of vances to the marketplace. Our compa- theft. Companies will be able to rely on the worst political scandals in Amer- nies have brought the world everything a national standard to efficiently pro- ican history. Today, at least 61 Sen- from the pacemaker to the Post-it tect their intellectual property. ators, the Las Vegas Review-Journal, Notes. Protecting their intellectual Securing the trade secrets of Amer- the New York Times, the Washington property is critical to their economic ican businesses and their employees is Post, and good governance groups like success, critical to our businesses, and, a serious issue and needs to be ad- POGO and Citizens Against Govern- most importantly, critical to the work- dressed, and I urge my colleagues to ment Waste, all support restoring the ers and employees who make their liv- support the Defend Trade Secrets Act. intent of that act—through S. 579. This ing in American businesses. I yield the floor. bill would redeem the free flow of in- Here are some examples of what we I suggest the absence of a quorum. formation that Senator LEAHY advo- are talking about and the costs when The ACTING PRESIDENT pro tem- cated in August. And every day that trade secret thefts occur. pore. The clerk will call the roll. goes by without overturning the OLC In 2011 a former employee of the Min- The bill clerk proceeded to call the opinion is another day that watchdogs nesota agricultural company Cargill roll. across the government can be stole trade secrets of Cargill and Dow Mr. HATCH. Mr. President, I ask stonewalled. Chemical regarding a product and gave unanimous consent that the order for Let me be clear. Only one Senator is them to a Chinese university. The two the quorum call be rescinded. publicly standing in the way of fixing companies suffered combined losses of The ACTING PRESIDENT pro tem- this problem. Who is the obstructionist over $7 million. Fortunately, the pore. Without objection, it is so or- here? Who is not doing their job? We former employee was caught, con- dered. need to find a way to get this bill done. victed, and received 87 months in pris- f on—the strongest sentence possible. Especially now, we need to focus on the DEFEND TRADE SECRETS BILL things we can agree on. When there is But look at the loss that occurred—$7 something with this much bipartisan million. Mr. HATCH. Mr. President, later this support, it should be a no-brainer. One That same year, an employee of a evening, the Senate will vote on the or two Senators should not be allowed Minnesota paint company, Valspar, Defend Trade Secrets Act, a bill that to stand in the way. tried to steal $20 million worth of will enable U.S. businesses to protect I urge my colleagues to work with chemical formulas to give to a Chinese their trade secrets in Federal court. me to get S. 579 passed so that IGs can company in exchange for a high-rank- Senator CHRIS COONS and I have been resume doing the work that we asked ing job. That really happened. The au- working on this legislation in a bipar- them to do in 1978. thorities caught him before he com- tisan way for nearly 2 years, so it is Mr. President, I yield the floor. pleted his theft, and he received a sen- really satisfying to see the Senate The ACTING PRESIDENT pro tem- tence of 15 months in jail. poised to vote on this important bill. pore. The Senator from Minnesota. But too many thefts go To date, the legislation has 65 bipar- f unprosecuted, and the costs go beyond tisan cosponsors, including the distin- simply dollars and cents. Medical de- guished Senate Judiciary Committee DEFEND TRADE SECRETS BILL vice makers Medtronic and Boston Sci- chairman, CHUCK GRASSLEY, and rank- Ms. KLOBUCHAR. Mr. President, I entific hope to bring advanced care to ing member, the distinguished Senator rise today to speak in support of the patients in China. These companies PAT LEAHY. I appreciate their support Defend Trade Secrets Act, which is be- would like to do even more but fear for this bill. fore us today. I thank Senators HATCH they won’t be able to protect sensitive I also commend our House col- and COONS for their important work on proprietary technology, and that holds leagues, Representatives DOUG COLLINS this bill and Chairman GRASSLEY and them back. Stronger protection of and JERROLD NADLER, for their tireless Ranking Member LEAHY for their lead- trade secrets will benefit consumers efforts—and others over there as well. ership as well. across the world as well as trade secret They have been invaluable partners in Stolen trade secrets cost American owners. advancing this legislation in the House companies—and thus their workers— In 1996 Congress enacted the Eco- of Representatives. Working under the billions of dollars each year and threat- nomic Espionage Act, which made eco- capable leadership of my dear friend, en their ability to innovate and com- nomic espionage and trade secret theft House Judiciary Committee Chairman

VerDate Sep 11 2014 01:25 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.004 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 4, 2016 CONGRESSIONAL RECORD — SENATE S1627 BOB GOODLATTE, we have come to- was proposed in 1979. This next mixed In an op-ed published in The Hill, gether to right an inequity facing U.S. bag of differing legal regimes forces Aric Newhouse from the National Asso- businesses by creating a civil remedy victims of trade secret theft to wade ciation of Manufacturers states, ‘‘The for trade secret misappropriation. through a quagmire of procedural hur- [Defend Trade Secrets Act] encourages Trade secrets—such as customer dles in order to recover their losses. investment in cutting-edge research lists, formulas, algorithms, software For example, if an attorney needs and development and will have an im- codes, unique designs, industrial tech- testimony from a witness in another mediate, positive impact on our inno- niques, and manufacturing processes— State, she must first apply to her local vative sector, ultimately creating jobs are an essential form of intellectual court, asking that it request the other and opportunity in manufacturing in property. Other forms of intellectual State to issue its own subpoena for the the United States.’’ property, such as patents, copyrights, document or deposition. This process In a piece published by the Wash- and trademarks, are covered by Fed- can take weeks, which is an eternity in ington Times, David Hirschmann from eral civil law. Trade secrets, by con- a trade secret case. Under a uniform the U.S. Chamber of Commerce writes, trast, are the only form of U.S. intel- Federal standard, the process would be ‘‘The Defend Trade Secrets Act creates lectual property where the owner does far more efficient. That is because all a federal civil cause of action that cur- not have access to a Federal civil rem- Federal courts apply the Federal Rules rently does not exist. Creating a new edy for misuse or misappropriation. As of Civil Procedure, allowing attorneys federal civil cause of action will help a result, billions of dollars each year to obtain documents and testimony industry help itself.’’ are lost to trade secret theft, which sti- from a witness in another State with- In an op-ed in the Washington Exam- fles innovation by deterring companies out having to apply to that State’s iner, Mark Lauroesch from the Intel- from investing in research and develop- court system. Essentially, enabling lectual Property Owners Association ment. businesses to protect their trade se- writes, ‘‘Every day without this law, Currently, the only Federal vehicle crets in Federal court removes an un- our companies are losing millions of for trade secret protection is the 1996 necessary and time-consuming layer of dollars to trade secret theft.’’ Economic Espionage Act, which makes bureaucracy. Victoria Espinel from the BSA Soft- trade secret theft by foreign nationals Streamlining access to remedies is ware Alliance writes in the Huffington a criminal offense. But this remedy critical in trade secret cases where an Post, ‘‘The Defend Trade Secrets Act criminalizes only a small subset of expedited judicial process may be nec- would provide that important, missing trade secret theft and relies on the essary to deal with thieves who pose a remedy, and help usher in the har- thinly stretched resources of the De- flight risk. Unfortunately, once a com- monized system that will benefit not partment of Justice to investigate and pany’s intellectual property is leaked only software innovation but our en- and the information is made public, the prosecute such offenses. tire American economy.’’ One experienced trade secret practi- trade secret loses its legal protection. Guy Blalock from Utah’s IM Flash Put simply, State law is designed for tioner told me recently that the Jus- writes in the Salt Lake Tribune, ‘‘En- intrastate litigation and offers limited tice Department typically only con- acting the bill will have an immediate, practical recourse to victims of inter- siders prosecuting cases with more positive impact on innovative compa- state trade secret theft—the contrast than $100,000 in damages. This is be- nies that create jobs in this country.’’ between intrastate and interstate. cause trade secret investigations and In a joint op-ed published in the Salt Maintaining the status quo is woefully prosecutions are more resource inten- Lake Tribune, Rich Nelson from the insufficient to safeguard against mis- sive and complex than most other Fed- Utah Technology Council and Lane appropriation. U.S. companies must be eral crimes, requiring a deep techno- Beattie from the Salt Lake Chamber of able to protect their trade secrets in logical and scientific background. Commerce write that the Defend Trade Federal court. Given these constraints, the Justice The Defend Trade Secrets Act will do Secrets Act ‘‘equips business owners Department and the FBI are reluctant precisely that by providing trade secret with the tools they need to combat to commit scarce resources to inves- owners access to both a uniform na- trade secret theft.’’ tigate and prosecute a single matter, tional law and the ability to make Finally, Eli Lilly’s Michael Har- especially when the same effort could their case in Federal courts. Likewise, rington and Microsoft’s Erich Andersen result in the prosecution and convic- the bill allows victims of trade secret in an op-ed published in Forbes write, tion of other Federal crimes. theft to obtain a seizure order in ex- ‘‘This thoughtful and carefully consid- Therefore, it is not surprising that in traordinary circumstances. This type ered legislation will adapt America’s the 20 years since the Economic Espio- of order would allow misappropriated trade secret regime to reflect 21st Cen- nage Act became law, Federal prosecu- property to be seized so that it isn’t tury realities and will strengthen this tors have charged only about 300 de- abused during the pendency of litiga- critical form of intellectual property.’’ fendants for economic espionage or tion. To ensure that companies do not Mr. President, I ask unanimous con- trade secret theft. And because these use the seizure authority for anti-com- sent to have printed in the RECORD the cases frequently involve multiple de- petitive purposes, this legislation re- op-eds from which I have quoted fol- fendants, this equates to an average of quires those seeking redress to make a lowing my remarks. about 10 prosecutions annually. Clear- rigorous showing that they own the Throughout my 40 years of service, I ly, current Federal law is inadequate in trade secret, that the trade secret was have been a part of almost every sig- resolving the many challenges our stolen, and that third parties would not nificant intellectual property initia- businesses face in today’s innovation be harmed if an ex parte order were tive that has come before the Senate— economy. granted. The bill also allows for em- from the Digital Millennium Copyright State laws have proven inadequate to ployees to move from one job to an- Act, which sought to streamline our protect victims of trade secret theft. other without fear of being wrongfully copyright system for the digital era, to Since most businesses today operate charged with trade secret theft. the America Invents Act, which over- across one or more State lines, having In addition to the overwhelming bi- hauled our patent system to help en- a uniform set of standards that defines partisan support among my Senate col- sure American innovators’ property legal protections for trade secrets is leagues, more than 50 companies and rights are adequately protected in the crucial. That was the rationale behind associations have endorsed the Defend 21st century. creating the Uniform Trade Secrets Trade Secrets Act. Leaders in the tech- Legislating in the area of intellec- Act, which sought to achieve nation- nology, life sciences, manufacturing, tual property requires patience and wide uniformity in trade secret law. energy, automotive, agricultural, and perseverance. The bill on which we are But over time, most States have adopt- telecommunications sectors support voting tonight has been 2 years in the ed their own trade secret laws. In fact, this bill, among others. making. Initially, providing a Federal State laws today are perhaps even Many letters and opinion pieces have standard and civil remedies for trade more variable in their treatment of been written in support of the bill. Let secrets had little support. It took much trade secrets than they were at the me briefly share some of the comments effort not only to identify the precise time the Uniform Trade Secrets Act from our Nation’s business leaders. nature of the problem—a problem that

VerDate Sep 11 2014 01:25 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G04AP6.013 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE S1628 CONGRESSIONAL RECORD — SENATE April 4, 2016 amounts to hundreds of billions of dol- Defend Trade Secrets Act to a long list [From The Hill, Mar. 10, 2016] lars in economic loss for U.S. compa- of legislation the Senate has passed in US MANUFACTURERS TO CONGRESS: KEEP US nies annually—but also to develop a so- the last 15 months since the senior COMPETITIVE, PASS TRADE SECRETS LEGIS- lution that could garner the support of Senator from Kentucky assumed lead- LATION virtually all stakeholders. This re- ership of the U.S. Senate. This is yet (By Aric Newhouse) quired soliciting input from a broad another example that the Senate is Trade secrets, an essential form of intel- range of interests and working closely back to work for the American people. lectual property, are among the most valued I also want to take this moment to business assets for manufacturers. They can with dozens of trade associations, af- include everything from the special recipe fected businesses, and policymakers on thank the staff members who have for a food or beverage to the formula for a both sides of the aisle. The final been instrumental in getting us to this chemical or pharmaceutical. This propri- version of the legislation that the Sen- point. Let me start by thanking my etary information powers the innovation on ate will pass later this evening reflects senior judiciary counsel, Matt a shop floor, which drives job creation at fa- input and additions from a broad coali- Sandgren, whose relentless determina- cilities in communities across our country. tion of interested parties. tion helped make tonight a reality. I Trade secrets can comprise as much as 80 It also reflects a number of instances also thank my chief of staff, Rob Por- percent of the value of a company’s knowl- edge portfolio, and according to one esti- where a careful balance had to be ter, for his unmatchable leadership in mate, theft costs businesses in this country struck between competing interests. As shepherding this bill forward. To- some $250 billion a year. The current system has been true of several recent intellec- gether, Matt and Rob have been an in- desperately needs to be updated to provide tual property efforts, the interests of vincible team, working hand in glove the owners of trade secrets the ability to the technology sector and the pharma- throughout this process. I personally pursue intellectual property thieves aggres- ceutical industry are not always appreciate their excellent work. sively and efficiently, in full cooperation aligned. The same was true when it I also recognize my superb press with the federal government. came to trade secrets. Yet we worked team for their efforts, J.P. Freire, Matt While patent, copyright and trademark owners can protect their rights in federal hard to develop a solution that could Whitlock, and Sam Lyman. I am also court, trade secret owners must instead rely meet the needs of both. This balance is appreciative of my dedicated law on an array of state law remedies that were perhaps best exemplified by the joint clerks, Ryan Karr and Jaclyn designed with small-scale, intrastate theft in op-ed I mentioned a moment ago, coau- D’Esposito. mind. Although those laws may be sufficient thored by the general counsel of one of I also acknowledge the important and appropriate when, for example, an em- America’s leading pharmaceutical contributions of Senator COONS’ cur- ployee takes a former employer’s customer companies and a senior executive from rent and former staff: Ted Schroeder, list to a competitor down the street, they one of America’s prominent tech com- Andrew Crawford, Erica Songer, and are ill-suited for the fast-moving, multijuris- dictional cases in today’s global economy. panies. Jonathan Stahler. Fortunately, there is important, bipartisan As chairman of the Senate Repub- There are also several staff on the legislation that would fill this gap and assist lican High-Tech Task Force and co- Senate Judiciary Committee who have manufacturers in pursuing trade secret author of the Hatch-Waxman Act, I been instrumental in helping with this thieves and protecting intellectual property. know how critical it is to strike the key intellectual property bill: Rita The Defend Trade Secrets Act of 2016 right balance such that both high-tech Lari Jochum, Jonathan Nabavi, Alex- (DTSA)—a bipartisan, bicameral bill led by and life science industries can support andra Givens, Danielle Cutrona, Eric Sens. Orrin Hatch (R–Utah) and Chris Coons a bill. We have struck that balance Haren, Lee Holmes, Lartease Tiffith, (D–Del.) and Reps. Doug Collins (R–Ga.) and Jerrold Nadler (D–N.Y.)—creates a federal with the Defend Trade Secrets Act. Gary Barnett, Daniel Swanson, Ray civil cause of action for trade secret mis- Not only will we succeed in defending Starling, Ethan Arenson, Chad appropriation to unify trade secrets law na- the trade secrets of American busi- Rhoades, and Sam Simon. tionwide. The bill would also offer trade se- nesses, I hope the passage of the bill I also acknowledge the following crets owners the same legal options as own- will serve as a springboard to spur con- House staff for their hard work and ers of other forms of intellectual property. gressional action in other areas of in- commitment to this bill: Shelley Hus- The National Association of Manufacturers tellectual property, including patent band, Branden Ritchie, Jennifer has long supported a federal civil remedy for litigation reforms. I commend in par- trade secret theft and urges passage of Choudhry, Sally Larson, Jason Ever- DTSA. The consensus-oriented approach of ticular House Judiciary Committee ett, and David Greengrass. the legislation has drawn strong support Chairman BOB GOODLATTE for his Finally, I thank the many staff mem- from all industry groups and manufacturing steadfast work in this regard, and I bers from majority leader MITCH subsectors, including biotech, pharma- stand ready to do everything in my MCCONNELL and minority leader HARRY ceutical, medical device, automotive, agri- power to help him in this endeavor. REID who helped to make this bill’s culture and beyond. Tonight’s passage of fundamental passage a reality. I wish to especially Trade secrets are vital to the competitive- trade secret law reform would be a sig- thank Laura Dove, Sharon Soderstrom, ness of companies throughout our economy, nificant achievement at any time, let and the threat to these innovations is be- Hazen Marshall, John Abegg, Chris coming more serious and more complex. By alone in the challenging partisan envi- Tuck, and Ayesha Khanna. creating a strong, uniform body of trade se- ronment we face today. Indeed, today’s Enacting meaningful public policy crets law nationwide, the DTSA ensures that Senate vote is not only a watershed reform in the midst of a contentious our laws keep pace. moment for the intellectual property Presidential election is something to Congress should move quickly to pass this and business communities; it is also an celebrate. In very real ways, this bill important legislation because strong trade example of what Congress can accom- will help strengthen our economy and secrets protection is critical to the Amer- plish when we put our party politics allow businesses to grow and create ad- ican economy and to manufacturers’ com- petitive advantage in the global economy. aside and focus on areas of agreement. ditional jobs for hard-working Ameri- The DTSA encourages investment in cut- Throughout my Senate service, I have cans. I hope my colleagues will join me ting-edge research and development and will always sought, whenever possible, to in safeguarding American ingenuity by have an immediate, positive impact on our seek common ground in order to ad- voting for the Defend Trade Secrets innovative sector, ultimately creating jobs vance public policy priorities that will Act. They will not be sorry by doing and opportunity in manufacturing in the benefit the American people and the that. United States. American economy. With this bill, we I understand Senator COONS is here, [From the Washington Times, Mar. 17, 2016] have done just that. and I want to recognize him and all the PROTECTING AMERICAN INTELLECTUAL I want to thank Senate Majority work he has done with me on this bill. PROPERTY Leader MITCH MCCONNELL for leading He is a wonderful partner on the Judi- (By David Hirschmann) the Senate in such a way to make con- ciary Committee, and I personally ap- structive bipartisan legislating pos- American innovation has brought con- preciate him very much. sumers across the globe many of the cutting sible. I appreciate his support for this With that, I yield the floor. edge products and technologies that have, legislation and his willingness to de- There being no objection, the mate- quite literally, changed the world. From life- vote valuable floor time to help ensure rial was ordered to be printed in the saving medicines to computer software to in- its passage. Tonight we will add the RECORD, as follows: credibly efficient ways to generate energy,

VerDate Sep 11 2014 01:25 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G04AP6.014 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 4, 2016 CONGRESSIONAL RECORD — SENATE S1629 American companies are at the forefront of federal cause of action is not abused and em- federal court to protect their property and the ‘‘innovation economy’’ and the creators ployees are protected—including whistle- seek damages when their property has been of millions of domestic jobs. blowers. infringed, but trade secret owners do not But our position as a global leader in inno- In an increasingly competitive global mar- have access to such a federal remedy. This vation is under attack. Individuals, organiza- ketplace, it is critical that the right tools can prove unwieldy and ineffective when the tions and even some countries, want to take are in place to ensure that American ideas trade secret thief crosses state lines—and all shortcuts and gain a competitive edge by and jobs are not stolen and sold overseas. too often these thieves are ultimately head- stealing our ideas and manufacturing know- The U.S. Chamber of Commerce urges Con- ing overseas so that the unscrupulous can how—the ‘‘secret-sauce’’ that separates gress to move this much needed legislation unfairly exploit and profit from the fruits of American industry from those who seek to quickly so that it may become law and our American know how in the global economy. duplicate our success. This theft of Amer- industry and workers can remain at the fore- This can result in significant loss of Amer- ica’s trade secrets is a growing—and increas- front of the innovation economy. ican prosperity and jobs. ingly alarming—threat to our economic se- Our state-by-state system for trade secret curity. [From Forbes, Apr. 4, 2016] protection was simply not built with the dig- ital world in mind where one device con- What separates a Coca-Cola from a store- WE NEED TO SAFEGUARD THE SECRETS OF taining purloined information can literally brand counterpart is its secret formula, and AMERICA’S INNOVATION ECONOMY destroy a hard-earned competitive edge. In Kentucky Fried Chicken relies on its unique (By Michael Harrington and Erich Andersen) blend of 11 herbs and spices to distinguish today’s global economy, however, trade se- itself in the market. Both are examples of America has long been recognized as a crets are increasingly stored and used across trade secrets. world leader in innovation. Not only does the state line and even national borders. A uni- But trade secrets are also used to des- unending flow of new inventions make life form, national standard for protection will ignate propriety manufacturing processes or better for consumers, it also helps create greatly benefit innovative enterprises of all highly technical algorithms for biologic for- new jobs and opportunities for millions of sizes. We commend Senators Orrin Hatch and mulas that may one day be eligible for pat- American families. The ‘‘intellectual prop- Christopher Coons and Representatives Doug ent protections. This form of intellectual erty’’ associated with American innovation Collins and Jerrold Nadler for introducing property (IP) encompasses a wide range of is protected by a network of laws, including patents, copyrights, trademarks and trade the bipartisan Defend Trade Secrets Act. information and processes across virtually This thoughtful and carefully considered leg- every industry sector and among companies secrets. These legal protections are essential to reward innovation and encourage contin- islation will adapt America’s trade secret re- large and small. gime to reflect 21st Century realities and Trade secrets are often the crown-jewels of ued investment in American research and de- velopment. Unfortunately, trade secrets are will strengthen this critical form of intellec- a small, innovative start-up that has neither tual property. We urge favorable and expedi- the expertise nor budget to seek patent pro- the only form of intellectual property that do not receive robust federal protection. This tious consideration by both the Senate and tection because their limited capital is spent House. developing the next big idea and putting peo- needs to change. ple to work building the next must-have Trade secrets include secret formulas, cus- The PRESIDING OFFICER (Mr. product. tomer lists and methods of manufacturing COATS). The Senator from Delaware. The Defend Trade Secrets Act currently developed at great expense and that have sig- Mr. COONS. Mr. President, I begin under consideration in Congress would give nificant value to companies, which take my remarks by thanking my colleague, American companies another tool to fight steps to ensure their confidentiality. Amer- good friend, and the leader in this ef- trade secrets theft. ican businesses, regardless of size, must be fort to pass the Defend Trade Secrets This is a rare piece of legislation with able to continue to invest the enormous re- Act in the Senate today, the President sources required to develop the products of broad and diverse support. Introduced by pro tem of the Senate, Senator ORRIN Sens. Orrin Hatch, Utah Republican and the future, from the latest in cloud com- HATCH. In his four decades of service in Chris Coons, Delaware Democrat, and Reps. puting and artificial intelligence to the next Chris Collins, New York Republican and generation of life-saving medicines. The De- this body, Senator HATCH has become Jerrold Nadler, New York Democrat this is a fend Trade Secrets Act, bipartisan legisla- well known for his ability and willing- truly bipartisan and bicameral bill. Cur- tion pending before the Senate and House, ness to work across the aisle, to be a rently, the bill enjoys the support of 62 sen- would provide 21st century protection for genuine leader in intellectual property ators and 127 representatives, along with America’s trade secrets. It has the strong matters, and to fight tirelessly for thousands of companies, industry associa- support of our companies and scores of oth- America’s inventors and inventions. I tions, and think tanks. ers representing a diverse cross section of in- am grateful for the small role I have As well stated by White House Intellectual dustries. been able to play in partnering with Property Enforcement Coordinator Daniel In the digitally networked world, the need Senator HATCH to bring this important Marti, ‘‘Trade secret theft is a serious and for robust trade secret protection has only pervasive problem that threatens the eco- increased. Businesses no longer compete piece of legislation through the Judici- nomic health and competitiveness of this against the company across the street—they ary Committee and to the floor today. country. The Administration is committed sell products across the country and around Our country has long been the un- to protecting the innovation which drives the world. Gone are the days when a business questioned world leader in the creation the American economy and supports Amer- kept its know-how on paper—its business and production of innovative ideas. ican jobs.’’ plans, its manufacturing process, the secret Simply put, for over two centuries we Examples include foreign nationals digging sauce that gave the business a competitive understood the critical connection be- new hybrid seeds out of cornfields in the edge—and locked it in a desk drawer or a tween preserving intellectual property heartland, embedded employees walking out safe. Today, companies store their data and business-critical information electronically, rights and creating sustained economic the door with proprietary manufacturing growth. As a result, we are second to processes, and hackers downloading secret primarily in the cloud. Decentralization has research data. Once in possession of the allowed companies to rely on networks of none when it comes to innovation. Yet trade secret, criminals want to get out of manufacturers and service providers who a critical form of IP, intellectual prop- Dodge fast, and will typically flee the coun- must all be able to access, use and store this erty, has somehow slipped through the try to peddle these precious corporate assets trade secret information. The ability to cracks of Federal protection. Of course, to the highest bidder. To stop such theft, share secrets confidentially with such pro- I am talking about trade secrets, such companies must be able to act quickly and viders, with the knowledge they can be pro- as the secret formula for Coca-Cola, effectively. tected, is vital to the continuing growth of Kentucky Fried Chicken, customer the American economy. While digitalization Unfortunately, current remedies alone are lists, pricing strategies, and key stages not enough to prevent the flight of these of information has facilitated the access to thieves. While law enforcement is a willing trade secrets essential to the conduct of in a vital manufacturing process. They partner and often very helpful, too often business, it has also enabled anyone intent are the lifeblood of great companies they lack the bandwidth or resources to act on doing harm to purloin vast amounts of in- that can lead to the creation of prod- quickly enough and stop these criminals be- formation with no more than a computer ucts that make a company unique and fore it’s too late. key stroke to a thumb drive or the cloud. uniquely profitable. It should come as Currently, a patchwork of state laws and Trade secrets are also unique among forms no surprise that they are a major con- federal criminal penalties are available to of intellectual property in how they are le- tributor to our economy. By some esti- companies or individuals confronted with gally protected. They are governed under mates, trade secrets are worth $5 tril- trade secrets theft. The Defend Trade Se- state law rather than by federal statute. crets Act creates a federal civil cause of ac- That is, although it is a federal crime to lion to publicly listed American com- tion that currently does not exist. steal a trade secret, a business that has its panies alone. Creating a new federal civil cause of action trade secrets stolen must rely on state law Despite the importance of trade se- will help industry help itself. The bill has to pursue a civil remedy. Owners of copy- crets to our economy and our innova- many provisions to make sure that this new rights, patents, and trademarks can go to tion ecosystem, trade secrets remain

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.023 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE S1630 CONGRESSIONAL RECORD — SENATE April 4, 2016 the only form of intellectual property One day about 6 years ago—just 4 national law and to the reach of Fed- not protected from theft under Federal years after DuPont had developed this eral courts, which provide nationwide civil law. More specifically, a misuse of next-generation protective tech- service of process and execution of trade secrets doesn’t provide the owner nology—a rogue employee took the judgments. However, it is important to with a Federal private right of action trade secrets and the know-how behind know this bill does not preempt State to seek redress. This means companies manufacturing this new product and law because States are, of course, free today have to rely on State courts or went and gave it to a rival manufac- to continue to add further protections. on Federal prosecutors to protect their turing company in Korea by using In my view, this bill is a common- rights. The multi-State procedural and DuPont’s trade secrets. The potential sense solution to a very serious prob- jurisdictional issues and the hurdles loss to DuPont from this one instance lem. Senator HATCH and I first intro- you have to clear that arise in such of trade secret theft cost roughly $1 duced this bill in April of 2014, and we cases are oftentimes intensive, costly, billion. reintroduced it last July with just four and complicated. Not only does trade secret theft cost original cosponsors. The bill before us Meanwhile, the Department of Jus- American businesses revenue, which today now has 65 bipartisan cosponsors tice, currently empowered to protect puts American jobs at risk, but it also in the Senate. An identical version in trade secrets on the Federal level, discourages businesses from investing the House, introduced by DOUG COLLINS lacks the resources to prosecute many in critical research and development, of Georgia and JERRY NADLER of New of the cases that arise. By the time the and of all the sectors in the American York, now has 128 cosponsors. Con- existing protections catch up with bad economy, trade secrets are most cen- gressmen COLLINS and NADLER have actors who have taken off with a cus- tral for manufacturing and for manu- been great partners in this effort. Con- tomer list, formula, or recipe, it is facturing in advanced materials. If you gressman JOHN CONYERS has also pro- often too late. Unlike physical goods, know an employee can steal your com- vided invaluable support. you simply can’t take back trade se- pany’s trade secret, potentially result- In addition to the broad bipartisan crets once they have been shared with ing in a loss of up to $1 billion, that support we have collected on this bill the public. Once a trade secret is no trade secret that was the product of from our colleagues, we have gained longer secret, it loses its legal protec- years of research and development, as endorsements from dozens and dozens tion. was the case for DuPont with their of companies as diverse as Boeing, Cor- This glaring oversight in our Federal next-generation Kevlar, it becomes ning, Microsoft, and DuPont. I believe legal system has become increasingly harder and harder to justify investing it is also a testament to the hard work problematic in recent years as tech- substantial sums in the R&D needed to and esteem in which Senator HATCH is nology has made it easier and easier to continue to produce technological held by his colleagues. Senator HATCH steal trade secrets. Today a foreign breakthroughs and cutting-edge manu- has long been a leader in intellectual competitor can steal a vital trade se- facturing in the United States. property and has been able to lead a cret from an American manufacturer This trade secret theft can have a successful, open, and collaborative with just a few key strokes through a devastating, long-term impact on our process that has allowed us to move cyber attack. This hasn’t gone unno- country’s ability to innovate and com- the bill to this point today. ticed. The rate of cyber trade secret pete. It is also of particular concern in Many of our colleagues, Republicans theft is at an alltime high, and our for- my home State of Delaware, where and Democrats, had suggestions for eign competitors are stealing Amer- R&D is critical to our economy and ways to improve the original draft. I ican innovation with woefully inad- sustaining our manufacturing sector. am proud many of the Senators who equate repercussions. This uptick and These protections in today’s Defend originally raised concerns or questions steady rise in trade secret theft is af- Trade Secrets Act will only grow in im- have now become cosponsors of the bill fecting American businesses large and portance as our country continues to as a result of Senator HATCH’s leader- small across our country. Today the cultivate advanced manufacturing. ship and our collaboration. misappropriation of trade secrets is es- Delaware has a proud legacy of en- In today’s political climate, it is easy timated to cost American companies couraging cutting-edge science. We are to forget that to get things done, we between $160 and $480 billion annually. home to hundreds of basement inven- don’t have to agree on everything, we That money would be so much better tors who have tinkered, designed, and just have to agree on one thing. In this spent by investing in new products, perfected inventions. Some have be- case, we have all agreed that losing growing businesses, and creating jobs. come well known internationally, such hundreds of billions of dollars annually For example, my home State of Dela- as Kevlar, and others are not as well to trade secret theft and misappropria- ware has felt the impact of trade secret known but are critical to our economy. tion has been hurting American busi- theft. Many are familiar with DuPont’s That is why I introduced, along with nesses and our economy. signature product Kevlar, an extraor- my friend and senior colleague Senator This bill is truly bipartisan. Frankly, dinarily strong and lightweight syn- HATCH, the Defend Trade Secrets Act. it has united industry, practitioners, thetic fiber that is best known for its This bill creates a new Federal private and Members of this body in a way we use in lifesaving body armor. It is worn right of action for the misappropria- don’t see often enough today. I rarely by dedicated police officers and the tion of trade secrets. It uses an exist- have an opportunity to work closely brave men and women in our Armed ing Federal criminal law, the Eco- with the Heritage Foundation, the Na- Forces. It has literally saved thousands nomic Espionage Act, to define trade tional Association of Manufacturers, of lives, including more than 3,000 law secrets, and it draws heavily from the and intellectual property owners on enforcement officers across this coun- existing Uniform Trade Secrets Act the same bill, but good policy can try. which has been enacted by many make for unique partnerships. With the About 10 years ago, DuPont devel- States to define misappropriation. bill before us today, the good policy is oped a next generation of Kevlar, Simply put, our bill will harmonize a commonsense proposal that creates a which was even lighter and better able U.S. law. Each State has a slightly dif- clear national standard and facilitates to withstand penetrating trauma from ferent trade secret law, and they vary businesses’ protection of their trade se- a wide range of rifle rounds or IED-gen- in many different ways. Not all of crets in Federal court. erated shrapnel. This technology rep- these differences are major, but they I thank all of my colleagues who resented a real breakthrough in safety, affect the definition of what a trade se- have cosponsored and supported this but it cost millions upon millions to cret is or what an owner must do to bill. It has been a pleasure to work develop. You see, chemically the spun keep a secret or what constitutes mis- with them as we worked to ensure that polyaromatic fibers that make up appropriation or what damages and this final bill is bipartisan and Kevlar are not that complicated, but remedies are available. achieves our goal of protecting Amer- the fabrication and production method Our Defend Trade Secrets Act creates ican trade secrets. that give the fiber strength and flexi- a single national baseline, or a mini- The formula for how we, together, bility is incredibly difficult to develop mal level of protection, and gives trade got to this point is simple. Senator and then execute. secret owners access to both a uniform HATCH and I saw a problem, we found a

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G04AP6.016 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 4, 2016 CONGRESSIONAL RECORD — SENATE S1631 coalition that wanted to fix it, and we man High School, where he was val- for all of us in the U.S. Senate and all came together to find a solution. edictorian of his class. A bright young of us as citizens of the State of Ten- I thank former Senator Kohl, with man, Justin received an undergraduate nessee. whom I first discussed this issue when degree from Vanderbilt University be- There is so much on television today I came to the Senate. I thank him for fore attending Vanderbilt’s Owen Grad- that is horrible and violent and terror- his early interest and involvement in uate School of Management where he istic that we have become immune to trade secret protections. Of course, I met Stephanie, a native of Lexington, it. It is almost an unreality. We don’t am particularly grateful to Senator KY. want to believe any of it is true, until HATCH for his championship of this bill Justin and Stephanie’s journey is in- it hits home in Gatlinburg, TN, and and leadership in finding consensus. I spiring. Two young people from small happens to a bright young man whom wish to join him in thanking Chairman towns, they set out on a journey to ex- everyone in the community seems to GRASSLEY and Ranking Member LEAHY plore the world and to broaden their have known, one of those young men for their critical support and commend horizons. whom everybody looks at and says he my colleagues for their focus on this They moved to Brussels in 2014. Jus- is going to amount to something, we issue. I wish to specifically thank Sen- tin worked for Clarcor, a Franklin, TN, are going to watch him one day, and to ators WHITEHOUSE, FEINSTEIN, GRAHAM, manufacturing company, and Steph- a young woman from Lexington, KY, and FLAKE for their contributions to anie worked for Mars. They had a who met this young man at this bill that has strengthened it. bright future ahead of them—a future Vanderbilt’s graduate school of man- I would be remiss if I didn’t recognize that was stolen by terror. agement, not just in Sevier County, and thank the tremendous efforts our To their family members and to all TN, and not just in Lexington, where staff contributed together to get this who loved them, we offer our prayers so many people knew these two prom- bill to where it is today. Senator and deepest sympathies as we mourn ising young Americans, but also in HATCH has thanked many of the floor their passing. We also extend condo- Nashville and the Vanderbilt commu- staff, leadership staff, and staff in the lences to all of the families who lost nity. House, and I would like to add to my loved ones and to the people of Bel- This is actually the third promising thanks to Matt Sandgren in Senator gium. young life taken from the Vanderbilt HATCH’s office and to my tireless, dedi- I also thank the many individuals school family. Taylor Force, a student cated, and recently departed from my and organizations that were instru- there, was killed on a class visit to office chief counsel, Ted Schroeder, as mental in helping Justin’s and Steph- Israel a few weeks ago. At any time well as Jonathan Stahler, Andrew anie’s families in the aftermath of the that is a horrifying, terrible thought, Crawford, and Erica Songer on my attack. They include the State Depart- but this is a generation of young Amer- staff. ment, the FBI, the consulate in Brus- icans who have grown up with the idea This major achievement is the prod- sels, Delta Airlines, Justin’s and of living in the whole world, of making uct of many contributions, and that is Stephanie’s companies, Clarcor and a contribution to the entire world. how the Senate is supposed to work. Mars, and members of my staff, espe- That is what Justin and Stephanie Given the wide support this bill enjoys cially Bess McWherter. were doing when they went to Brussels today in the Senate and the fact that From Chattanooga to Paris, San with their companies, and now their there is already an identical House Bernardino, Brussels, and beyond, we lives are cut short by an evil act. version with bipartisan support, I am have seen unimaginable events unfold Our hearts go out to their families hopeful the House will act and pass before our eyes. It is clear the fight and to the communities from which this bill without delay. against evil will be a long-term strug- they come in Gatlinburg, in Lexington, I was pleased to learn earlier today gle. To protect our citizens, we must and in the Nashville Vanderbilt Owen that the administration has issued a deepen our partnership with Europe school community. My personal thanks Statement of Administration Policy and other allies to defeat ISIS and to Senator CORKER for doing what all urging the passage of this bill and its other terrorists so no more families of us want to do as well as we can, rapid enactment into law. The sooner will have to deal with the heartbreak which is to be helpful to the families this bill becomes law, the sooner Amer- Justin’s and Stephanie’s families face and express to them our appreciation ican businesses and companies can get today. for the lives of their children and our back to creating jobs and producing We mourn their passing, we honor sorrow at what has happened to them. new, life-changing products and serv- their lives, and we renew our commit- Thank you, Mr. President. ices. Our country’s legacy of innova- ment to fight against this evil. I yield the floor. tion depends on it. With that, I yield the floor to our dis- f With that, I yield the floor and thank tinguished senior Senator LAMAR CONCLUSION OF MORNING my colleague Senator HATCH. ALEXANDER. BUSINESS The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ator from Tennessee. ator from Tennessee. The PRESIDING OFFICER. Morning REMEMBERING JUSTIN AND STEPHANIE SHULTS Mr. ALEXANDER. Mr. President, I business is now closed. Mr. CORKER. Mr. President, I rise to join Senator CORKER in expressing to f honor the lives of Tennessean Justin the families of Justin and Stephanie DEFEND TRADE SECRETS ACT OF Shults and his wife Stephanie, who our deepest sympathy and our horror 2015 at what happened to them in Brussels. were killed in the attacks in Brussels, The PRESIDING OFFICER. Under I wish to thank Senator CORKER as Belgium, on the morning of March 22. the previous order, the Senate will pro- well. Because of his position as chair- I thank our senior Senator LAMAR ceed to the consideration of S. 1890, man of the Senate Foreign Relations ALEXANDER for joining me this after- which the clerk will report. Committee, he was able to do some noon. The bill clerk read as follows: We are heartbroken by this tragedy, things all of us would have liked to A bill (S. 1890) to amend chapter 90 of title which once again hit too close to home. have been able to do. He was able to 18, United States Code, to provide Federal ju- Not long ago, Senator ALEXANDER and help the family by being a liaison with risdiction for the theft of trade secrets, and I came to this body to mourn the loss the families and the State Department. for other purposes. of five American heroes we lost in a These are things he wouldn’t say about The Senate proceeded to consider the terror attack in my hometown of Chat- himself, but I would like to say. He and bill, which had been reported from the tanooga. We are here again today, his staff worked to help the family get Committee on the Judiciary, with an heartbroken that two more out- expedited passports, and they have amendment to strike all after the en- standing individuals were taken by stayed in touch with the families. I acting clause and insert in lieu thereof evil, and we are reminded that ter- hope the families of Justin and Steph- the following: rorism knows no borders or boundaries. anie will know that when Senator SECTION 1. SHORT TITLE. Justin Shults was a native of Gatlin- CORKER and his staff are in touch with This Act may be cited as the ‘‘Defend Trade burg, TN. He attended Gatlinburg-Pitt- them, that they are in touch with them Secrets Act of 2016’’.

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4637 Sfmt 6333 E:\CR\FM\G04AP6.017 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE S1632 CONGRESSIONAL RECORD — SENATE April 4, 2016

SEC. 2. FEDERAL JURISDICTION FOR THEFT OF ‘‘(II) provide that if access is granted by the ‘‘(ii) BURDEN OF PROOF.—At a hearing held TRADE SECRETS. court to the applicant or the person against under this subparagraph, the party who ob- (a) IN GENERAL.—Section 1836 of title 18, whom the order is directed, the access shall be tained the order under subparagraph (A) shall United States Code, is amended by striking sub- consistent with subparagraph (D); have the burden to prove the facts supporting section (b) and inserting the following: ‘‘(iv) provide guidance to the law enforcement the findings of fact and conclusions of law nec- ‘‘(b) PRIVATE CIVIL ACTIONS.— officials executing the seizure that clearly delin- essary to support the order. If the party fails to ‘‘(1) IN GENERAL.—An owner of a trade secret eates the scope of the authority of the officials, meet that burden, the seizure order shall be dis- that is misappropriated may bring a civil action including— solved or modified appropriately. under this subsection if the trade secret is re- ‘‘(I) the hours during which the seizure may ‘‘(iii) DISSOLUTION OR MODIFICATION OF lated to a product or service used in, or intended be executed; and ORDER.—A party against whom the order has for use in, interstate or foreign commerce. ‘‘(II) whether force may be used to access been issued or any person harmed by the order ‘‘(2) CIVIL SEIZURE.— locked areas; may move the court at any time to dissolve or ‘‘(A) IN GENERAL.— ‘‘(v) set a date for a hearing described in sub- modify the order after giving notice to the party ‘‘(i) APPLICATION.—Based on an affidavit or paragraph (F) at the earliest possible time, and who obtained the order. verified complaint satisfying the requirements of not later than 7 days after the order has issued, ‘‘(iv) DISCOVERY TIME LIMITS.—The court may this paragraph, the court may, upon ex parte unless the party against whom the order is di- make such orders modifying the time limits for application but only in extraordinary cir- rected and others harmed by the order consent discovery under the Federal Rules of Civil Pro- cumstances, issue an order providing for the sei- to another date for the hearing, except that a cedure as may be necessary to prevent the frus- zure of property necessary to prevent the propa- party against whom the order has issued or any tration of the purposes of a hearing under this gation or dissemination of the trade secret that person harmed by the order may move the court subparagraph. is the subject of the action. at any time to dissolve or modify the order after ‘‘(G) ACTION FOR DAMAGE CAUSED BY WRONG- ‘‘(ii) REQUIREMENTS FOR ISSUING ORDER.—The giving notice to the applicant who obtained the FUL SEIZURE.—A person who suffers damage by court may not grant an application under order; and reason of a wrongful or excessive seizure under clause (i) unless the court finds that it clearly ‘‘(vi) require the person obtaining the order to this paragraph has a cause of action against the appears from specific facts that— provide the security determined adequate by the applicant for the order under which such sei- ‘‘(I) an order issued pursuant to Rule 65 of court for the payment of the damages that any zure was made, and shall be entitled to the same the Federal Rules of Civil Procedure or another person may be entitled to recover as a result of relief as is provided under section 34(d)(11) of form of equitable relief would be inadequate to a wrongful or excessive seizure or wrongful or the Trademark Act of 1946 (15 U.S.C. achieve the purpose of this paragraph because excessive attempted seizure under this para- 1116(d)(11)). The security posted with the court the party to which the order would be issued graph. under subparagraph (B)(vi) shall not limit the would evade, avoid, or otherwise not comply ‘‘(C) PROTECTION FROM PUBLICITY.—The court recovery of third parties for damages. with such an order; shall take appropriate action to protect the per- ‘‘(H) MOTION FOR ENCRYPTION.—A party or a ‘‘(II) an immediate and irreparable injury will son against whom an order under this para- person who claims to have an interest in the occur if such seizure is not ordered; graph is directed from publicity, by or at the be- ‘‘(III) the harm to the applicant of denying hest of the person obtaining the order, about subject matter seized may make a motion at any the application outweighs the harm to the legiti- such order and any seizure under such order. time, which may be heard ex parte, to encrypt mate interests of the person against whom sei- ‘‘(D) MATERIALS IN CUSTODY OF COURT.— any material seized or to be seized under this zure would be ordered of granting the applica- ‘‘(i) IN GENERAL.—Any materials seized under paragraph that is stored on a storage medium. tion and substantially outweighs the harm to this paragraph shall be taken into the custody The motion shall include, when possible, the de- any third parties who may be harmed by such of the court. The court shall secure the seized sired encryption method. ‘‘(3) REMEDIES.—In a civil action brought seizure; material from physical and electronic access ‘‘(IV) the applicant is likely to succeed in during the seizure and while in the custody of under this subsection with respect to the mis- showing that— the court. appropriation of a trade secret, a court may— ‘‘(aa) the information is a trade secret; and ‘‘(ii) STORAGE MEDIUM.—If the seized material ‘‘(A) grant an injunction— ‘‘(bb) the person against whom seizure would includes a storage medium, or if the seized mate- ‘‘(i) to prevent any actual or threatened mis- be ordered— rial is stored on a storage medium, the court appropriation described in paragraph (1) on ‘‘(AA) misappropriated the trade secret of the shall prohibit the medium from being connected such terms as the court deems reasonable, pro- applicant by improper means; or to a network or the Internet without the consent vided the order does not— ‘‘(BB) conspired to use improper means to mis- of both parties, until the hearing required under ‘‘(I) prevent a person from entering into an appropriate the trade secret of the applicant; subparagraph (B)(v) and described in subpara- employment relationship, and that conditions ‘‘(V) the person against whom seizure would graph (F). placed on such employment shall be based on be ordered has actual possession of— ‘‘(iii) PROTECTION OF CONFIDENTIALITY.—The evidence of threatened misappropriation and ‘‘(aa) the trade secret; and court shall take appropriate measures to protect not merely on the information the person ‘‘(bb) any property to be seized; the confidentiality of seized materials that are knows; or ‘‘(VI) the application describes with reason- unrelated to the trade secret information or- ‘‘(II) otherwise conflict with an applicable able particularity the matter to be seized and, to dered seized pursuant to this paragraph unless State law prohibiting restraints on the practice the extent reasonable under the circumstances, the person against whom the order is entered of a lawful profession, trade, or business; identifies the location where the matter is to be consents to disclosure of the material. ‘‘(ii) if determined appropriate by the court, seized; ‘‘(iv) APPOINTMENT OF SPECIAL MASTER.—The requiring affirmative actions to be taken to pro- ‘‘(VII) the person against whom seizure would court may appoint a special master to locate tect the trade secret; and be ordered, or persons acting in concert with and isolate all misappropriated trade secret in- ‘‘(iii) in exceptional circumstances that render such person, would destroy, move, hide, or oth- formation and to facilitate the return of unre- an injunction inequitable, that conditions fu- erwise make such matter inaccessible to the lated property and data to the person from ture use of the trade secret upon payment of a court, if the applicant were to proceed on notice whom the property was seized. The special mas- reasonable royalty for no longer than the period to such person; and ter appointed by the court shall agree to be of time for which such use could have been pro- ‘‘(VIII) the applicant has not publicized the bound by a non-disclosure agreement approved hibited; requested seizure. by the court. ‘‘(B) award— ‘‘(B) ELEMENTS OF ORDER.—If an order is ‘‘(E) SERVICE OF ORDER.—The court shall ‘‘(i)(I) damages for actual loss caused by the issued under subparagraph (A), it shall— order that service of a copy of the order under misappropriation of the trade secret; and ‘‘(i) set forth findings of fact and conclusions this paragraph, and the submissions of the ap- ‘‘(II) damages for any unjust enrichment of law required for the order; plicant to obtain the order, shall be made by a caused by the misappropriation of the trade se- ‘‘(ii) provide for the narrowest seizure of prop- Federal law enforcement officer who, upon mak- cret that is not addressed in computing damages erty necessary to achieve the purpose of this ing service, shall carry out the seizure under the for actual loss; or paragraph and direct that the seizure be con- order. The court may allow State or local law ‘‘(ii) in lieu of damages measured by any other ducted in a manner that minimizes any inter- enforcement officials to participate, but may not methods, the damages caused by the misappro- ruption of the business operations of third par- permit the applicant or any agent of the appli- priation measured by imposition of liability for ties and, to the extent possible, does not inter- cant to participate in the seizure. At the request a reasonable royalty for the misappropriator’s rupt the legitimate business operations of the of law enforcement officials, the court may unauthorized disclosure or use of the trade se- person accused of misappropriating the trade se- allow a technical expert who is unaffiliated cret; cret; with the applicant and who is bound by a ‘‘(C) if the trade secret is willfully and mali- ‘‘(iii)(I) be accompanied by an order pro- court-approved non-disclosure agreement to ciously misappropriated, award exemplary dam- tecting the seized property from disclosure by participate in the seizure if the court determines ages in an amount not more than 2 times the prohibiting access by the applicant or the per- that the participation of the expert will aid the amount of the damages awarded under subpara- son against whom the order is directed, and pro- efficient execution of and minimize the burden graph (B); and hibiting any copies, in whole or in part, of the of the seizure. ‘‘(D) if a claim of the misappropriation is seized property, to prevent undue damage to the ‘‘(F) SEIZURE HEARING.— made in bad faith, which may be established by party against whom the order has issued or oth- ‘‘(i) DATE.—A court that issues a seizure order circumstantial evidence, a motion to terminate ers, until such parties have an opportunity to be shall hold a hearing on the date set by the court an injunction is made or opposed in bad faith, heard in court; and under subparagraph (B)(v). or the trade secret was willfully and maliciously

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4637 Sfmt 6333 E:\CR\FM\A04AP6.026 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 4, 2016 CONGRESSIONAL RECORD — SENATE S1633 misappropriated, award reasonable attorney’s misappropriation of a trade secret (as defined in (2) The extent to which theft of trade secrets fees to the prevailing party. section 1839 of title 18, United States Code, as occurring outside of the United States is spon- ‘‘(c) JURISDICTION.—The district courts of the amended by this section) for which any act oc- sored by foreign governments, foreign instru- United States shall have original jurisdiction of curs on or after the date of the enactment of mentalities, or foreign agents. civil actions brought under this section. this Act. (3) The threat posed by theft of trade secrets ‘‘(d) PERIOD OF LIMITATIONS.—A civil action (f) RULE OF CONSTRUCTION.—Nothing in the occurring outside of the United States. under subsection (b) may not be commenced amendments made by this section shall be con- (4) The ability and limitations of trade secret later than 3 years after the date on which the strued to modify the rule of construction under owners to prevent the misappropriation of trade misappropriation with respect to which the ac- section 1838 of title 18, United States Code, or to secrets outside of the United States, to enforce tion would relate is discovered or by the exercise preempt any other provision of law. any judgment against foreign entities for theft of reasonable diligence should have been discov- (g) APPLICABILITY TO OTHER LAWS.—This sec- of trade secrets, and to prevent imports based on ered. For purposes of this subsection, a con- tion and the amendments made by this section theft of trade secrets overseas. shall not be construed to be a law pertaining to tinuing misappropriation constitutes a single (5) A breakdown of the trade secret protec- intellectual property for purposes of any other claim of misappropriation.’’. tions afforded United States companies by each Act of Congress. (b) DEFINITIONS.—Section 1839 of title 18, country that is a trading partner of the United United States Code, is amended— SEC. 3. TRADE SECRET THEFT ENFORCEMENT. States and enforcement efforts available and (1) in paragraph (3)— (a) IN GENERAL.—Chapter 90 of title 18, undertaken in each such country, including a (A) in subparagraph (B), by striking ‘‘the United States Code, is amended— list identifying specific countries where trade se- (1) in section 1832(b), by striking ‘‘$5,000,000’’ public’’ and inserting ‘‘another person who can cret theft, laws, or enforcement is a significant and inserting ‘‘the greater of $5,000,000 or 3 obtain economic value from the disclosure or use problem for United States companies. of the information’’; and times the value of the stolen trade secret to the organization, including expenses for research (6) Instances of the Federal Government work- (B) by striking ‘‘and’’ at the end; ing with foreign countries to investigate, arrest, (2) in paragraph (4), by striking the period at and design and other costs of reproducing the trade secret that the organization has thereby and prosecute entities and individuals involved the end and inserting a semicolon; and in the theft of trade secrets outside of the (3) by adding at the end the following: avoided’’; and (2) in section 1835— United States. ‘‘(5) the term ‘misappropriation’ means— (7) Specific progress made under trade agree- ‘‘(A) acquisition of a trade secret of another (A) by striking ‘‘In any prosecution’’ and in- ments and treaties, including any new remedies by a person who knows or has reason to know serting the following: ‘‘(a) IN GENERAL.—In any prosecution’’; and enacted by foreign countries, to protect against that the trade secret was acquired by improper (B) by adding at the end the following: theft of trade secrets of United States companies means; or ‘‘(b) RIGHTS OF TRADE SECRET OWNERS.—The outside of the United States. ‘‘(B) disclosure or use of a trade secret of an- court may not authorize or direct the disclosure (8) Recommendations of legislative and execu- other without express or implied consent by a of any information the owner asserts to be a tive branch actions that may be undertaken to— person who— trade secret unless the court allows the owner (A) reduce the threat of and economic impact ‘‘(i) used improper means to acquire knowl- the opportunity to file a submission under seal edge of the trade secret; caused by the theft of the trade secrets of that describes the interest of the owner in keep- United States companies occurring outside of ‘‘(ii) at the time of disclosure or use, knew or ing the information confidential. No submission had reason to know that the knowledge of the the United States; under seal made under this subsection may be (B) educate United States companies regard- trade secret was— used in a prosecution under this chapter for any ‘‘(I) derived from or through a person who ing the threats to their trade secrets when taken purpose other than those set forth in this sec- outside of the United States; had used improper means to acquire the trade tion, or otherwise required by law. The provi- secret; (C) provide assistance to United States compa- sion of information relating to a trade secret to nies to reduce the risk of loss of their trade se- ‘‘(II) acquired under circumstances giving rise the United States or the court in connection to a duty to maintain the secrecy of the trade crets when taken outside of the United States; with a prosecution under this chapter shall not and secret or limit the use of the trade secret; or constitute a waiver of trade secret protection, ‘‘(III) derived from or through a person who (D) provide a mechanism for United States and the disclosure of information relating to a companies to confidentially or anonymously re- owed a duty to the person seeking relief to trade secret in connection with a prosecution maintain the secrecy of the trade secret or limit port the theft of trade secrets occurring outside under this chapter shall not constitute a waiver of the United States. the use of the trade secret; or of trade secret protection unless the trade secret ‘‘(iii) before a material change of the position SEC. 5. SENSE OF CONGRESS. owner expressly consents to such waiver.’’. of the person, knew or had reason to know (b) RICO PREDICATE OFFENSES.—Section It is the sense of Congress that— that— 1961(1) of title 18, United States Code, is amend- (1) trade secret theft occurs in the United ‘‘(I) the trade secret was a trade secret; and ed by inserting ‘‘sections 1831 and 1832 (relating States and around the world; ‘‘(II) knowledge of the trade secret had been to economic espionage and theft of trade se- (2) trade secret theft, wherever it occurs, acquired by accident or mistake; crets),’’ before ‘‘section 1951’’. harms the companies that own the trade secrets ‘‘(6) the term ‘improper means’— SEC. 4. REPORT ON THEFT OF TRADE SECRETS and the employees of the companies; ‘‘(A) includes theft, bribery, misrepresenta- OCCURRING ABROAD. (3) chapter 90 of title 18, United States Code tion, breach or inducement of a breach of a duty (a) DEFINITIONS.—In this section: (commonly known as the ‘‘Economic Espionage to maintain secrecy, or espionage through elec- (1) DIRECTOR.—The term ‘‘Director’’ means Act of 1996’’), applies broadly to protect trade tronic or other means; and the Under Secretary of Commerce for Intellec- secrets from theft; and ‘‘(B) does not include reverse engineering, tual Property and Director of the United States (4) it is important when seizing information to independent derivation, or any other lawful Patent and Trademark Office. balance the need to prevent or remedy misappro- means of acquisition; and (2) FOREIGN INSTRUMENTALITY, ETC.—The priation with the need to avoid interrupting ‘‘(7) the term ‘Trademark Act of 1946’ means terms ‘‘foreign instrumentality’’, ‘‘foreign the— the Act entitled ‘An Act to provide for the reg- agent’’, and ‘‘trade secret’’ have the meanings (A) business of third parties; and istration and protection of trademarks used in given those terms in section 1839 of title 18, (B) legitimate interests of the party accused of commerce, to carry out the provisions of certain United States Code. wrongdoing. international conventions, and for other pur- (3) STATE.—The term ‘‘State’’ includes the SEC. 6. BEST PRACTICES. poses, approved July 5, 1946 (15 U.S.C. 1051 et District of Columbia and any commonwealth, (a) IN GENERAL.—Not later than 2 years after seq.) (commonly referred to as the ‘‘Trademark territory, or possession of the United States. Act of 1946’’ or the ‘‘Lanham Act’’)’.’’. (4) UNITED STATES COMPANY.—The term the date of enactment of this Act, the Federal (c) EXCEPTIONS TO PROHIBITION.—Section 1833 ‘‘United States company’’ means an organiza- Judicial Center, using existing resources, shall of title 18, United States Code, is amended, in tion organized under the laws of the United develop recommended best practices for— the matter preceding paragraph (1), by inserting States or a State or political subdivision thereof. (1) the seizure of information and media stor- ‘‘or create a private right of action for’’ after (b) REPORTS.—Not later than 1 year after the ing the information; and ‘‘prohibit’’. date of enactment of this Act, and biannually (2) the securing of the information and media (d) CONFORMING AMENDMENTS.— thereafter, the Attorney General, in consulta- once seized. (1) The section heading for section 1836 of title tion with the Intellectual Property Enforcement (b) UPDATES.—The Federal Judicial Center 18, United States Code, is amended to read as Coordinator, the Director, and the heads of shall update the recommended best practices de- follows: other appropriate agencies, shall submit to the veloped under subsection (a) from time to time. ‘‘§ 1836. Civil proceedings’’. Committees on the Judiciary of the House of (c) CONGRESSIONAL SUBMISSIONS.—The Fed- Representatives and the Senate, and make pub- eral Judicial Center shall provide a copy of the (2) The table of sections for chapter 90 of title licly available on the Web site of the Depart- recommendations developed under subsection 18, United States Code, is amended by striking ment of Justice and disseminate to the public (a), and any updates made under subsection (b), the item relating to section 1836 and inserting through such other means as the Attorney Gen- to the— the following: eral may identify, a report on the following: (1) Committee on the Judiciary of the Senate; ‘‘1836. Civil proceedings.’’. (1) The scope and breadth of the theft of the and (e) EFFECTIVE DATE.—The amendments made trade secrets of United States companies occur- (2) Committee on the Judiciary of the House of by this section shall apply with respect to any ring outside of the United States. Representatives.

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4637 Sfmt 6333 E:\CR\FM\A04AP6.026 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE S1634 CONGRESSIONAL RECORD — SENATE April 4, 2016 SEC. 7. IMMUNITY FROM LIABILITY FOR CON- Mr. COONS. Mr. President, I suggest mittee, a modification added language FIDENTIAL DISCLOSURE OF A TRADE the absence of a quorum. that ex parte seizures would be granted SECRET TO THE GOVERNMENT OR IN A COURT FILING. The PRESIDING OFFICER. The under ‘‘extraordinary circumstances.’’ (a) AMENDMENT.—Section 1833 of title 18, clerk will call the roll. As I understand it, the ‘‘extraor- United States Code, is amended— The bill clerk proceeded to call the dinary circumstances’’ language was (1) by striking ‘‘This chapter’’ and inserting roll. not added to impose an additional re- ‘‘(a) IN GENERAL.—This chapter’’; Mr. COONS. Mr. President, I ask quirement for obtaining an ex parte (2) in subsection (a)(2), as designated by para- unanimous consent that the order for seizure, but to acknowledge the Judi- graph (1), by striking ‘‘the reporting of a sus- the quorum call be rescinded. ciary’s general disfavor of ex parte pro- pected violation of law to any governmental en- The PRESIDING OFFICER. Without cedures and to reinforce that par- tity of the United States, a State, or a political subdivision of a State, if such entity has lawful objection, it is so ordered. ticular circumstances are required to authority with respect to that violation’’ and in- Mr. COONS. Mr. President, I made utilize the seizure provisions but still serting ‘‘the disclosure of a trade secret in ac- long remarks earlier this afternoon, provide a much needed avenue for ex cordance with subsection (b)’’; and along with my colleague and friend parte seizures when necessary. (3) by adding at the end the following: Senator HATCH. The legislation specifically lists ‘‘(b) IMMUNITY FROM LIABILITY FOR CON- I want to briefly reiterate my thanks these requirements for issuing an ex FIDENTIAL DISCLOSURE OF A TRADE SECRET TO to the many staff who worked tire- parte seizure order. For example, this THE GOVERNMENT OR IN A COURT FILING.— lessly to make it possible for the De- authority is not available if an injunc- ‘‘(1) IMMUNITY.—An individual shall not be fense Trade Secrets Act to move for- tion under existing rules of civil proce- held criminally or civilly liable under any Fed- dure would be sufficient. The ex parte eral or State trade secret law for the disclosure ward today. I greatly appreciate the of a trade secret that— leadership and hard work of the chair- seizure provision is expected to be used ‘‘(A) is made— man and ranking member of the Judi- in instances in which a defendant is ‘‘(i) in confidence to a Federal, State, or local ciary Committee, Senators GRASSLEY seeking to flee the country or planning government official, either directly or indirectly, and LEAHY, for their hard work and to disclose the trade secret to a third or to an attorney; and their staffs’ work. party immediately or is otherwise not ‘‘(ii) solely for the purpose of reporting or in- I want to personally thank Ted amenable to the enforcement of the vestigating a suspected violation of law; or court’s orders. ‘‘(B) is made in a complaint or other document Schroeder, who was my chief counsel for many years, for his terrific work on Mr. HATCH. That is correct. We ex- filed in a lawsuit or other proceeding, if such pect the provision will be used in in- filing is made under seal. this bill and the dozens of staffs here in ‘‘(2) USE OF TRADE SECRET INFORMATION IN the Senate and the House and outside stances such as when a trade secret ANTI-RETALIATION LAWSUIT.—An individual who groups who have come together to misappropriator is seeking to flee the files a lawsuit for retaliation by an employer for make it possible for this strong bipar- country or planning to disclose a trade reporting a suspected violation of law may dis- tisan bill to move forward today. secret immediately. close the trade secret to the attorney of the indi- Thank you, Mr. President. Mr. GRASSLEY. I thank Senator vidual and use the trade secret information in With that, I yield the floor. HATCH for his helpful insights. the court proceeding, if the individual— Mr. President, today the Senate is ‘‘(A) files any document containing the trade The PRESIDING OFFICER. The Sen- ator from Iowa. poised to pass the Defend Trade Secrets secret under seal; and Act of 2016, a bill that offers practical ‘‘(B) does not disclose the trade secret, except EX PARTE SEIZURE PROVISION and necessary solutions to a growing pursuant to court order. Mr. GRASSLEY. Mr. President, as problem. ‘‘(3) NOTICE.— the Senate is prepared to vote on the I have recently had the opportunity ‘‘(A) IN GENERAL.—An employer shall provide Defend Trade Secrets Act, I rise today to speak about a number of bipartisan notice of the immunity set forth in this sub- to enter into a colloquy with my long- section in any contract or agreement with an bills that have passed out of the Judici- employee that governs the use of a trade secret time friend and colleague from Utah, ary Committee and that have been or other confidential information. Senator ORRIN HATCH. taken up here on the Senate floor. ‘‘(B) POLICY DOCUMENT.—An employer shall Does the Senator agree that the ex That is a testament to the fact that be considered to be in compliance with the no- parte seizure provision is a vital ele- the Judiciary Committee is working tice requirement in subparagraph (A) if the em- ment of the bill? hard through an open process to find ployer provides a cross-reference to a policy doc- Mr. HATCH. I thank my colleague thoughtful solutions to the problems ument provided to the employee that sets forth and longtime friend from Iowa, Senator the employer’s reporting policy for a suspected facing our country. In fact, we have CHUCK GRASSLEY, for the question. processed 24 bills out of the Judiciary violation of law. Indeed, the Defend Trade Secrets Act ‘‘(C) NON-COMPLIANCE.—If an employer does Committee, all in a bipartisan fashion. not comply with the notice requirement in sub- provides a trade secret owner with a Of these, 16 have passed the Senate and paragraph (A), the employer may not be award- right of action to go to court ex parte 6 have been signed into law by the ed exemplary damages or attorney fees under to have the trade secret seized and re- President. While any Member of this subparagraph (C) or (D) of section 1836(b)(3) in turned before the misappropriator can body can tell you that it isn’t always an action against an employee to whom notice divulge it and cause it to lose its pro- easy to find legislative agreement, the was not provided. tection or before significant destruc- American people deserve hardworking ‘‘(D) APPLICABILITY.—This paragraph shall tion of evidence. representatives in Washington who apply to contracts and agreements that are en- The provision is tailored to prevent tered into or updated after the date of enact- strive to get things accomplished. And ment of this subsection. abuse—balancing the need to recover a the record of the Judiciary Committee ‘‘(4) EMPLOYEE DEFINED.—For purposes of this stolen trade secret with the rights of shows that we have chosen to overcome subsection, the term ‘employee’ includes any in- defendants and third parties. gridlock and dysfunction to pass legis- dividual performing work as a contractor or We drafted the bill to require the lation that addresses problems that consultant for an employer. party seeking ex parte review to make American people face. ‘‘(5) RULE OF CONSTRUCTION.—Except as ex- a rigorous showing that they owned the Here are a few examples of the Judi- pressly provided for under this subsection, noth- secret, that it was stolen, and that ciary Committee’s legislative accom- ing in this subsection shall be construed to au- third parties would not be harmed if an thorize, or limit liability for, an act that is oth- plishments so far. Last month, the erwise prohibited by law, such as the unlawful order were granted. We required a hear- Senate overwhelmingly passed the bi- access of material by unauthorized means.’’. ing at the earliest possible date. We partisan Comprehensive Addiction and (b) TECHNICAL AND CONFORMING AMEND- also included damages for wrongful sei- Recovery Act, or CARA, by a vote of MENT.—Section 1838 of title 18, United States zure, including attorney’s fees. 94–1. In the face of a growing and dead- Code, is amended by striking ‘‘This chapter’’ Could the Senator discuss the intent ly epidemic of heroin and opioid pain- and inserting ‘‘Except as provided in section behind that language? killers, this bill addresses this crisis 1833(b), this chapter’’. Mr. GRASSLEY. I thank Senator comprehensively supporting preven- The PRESIDING OFFICER. Under HATCH. The Defend Trade Secrets Act tion, education, treatment, recovery, the previous order, there will be 30 is the product of bipartisan consensus, and law enforcement. minutes of debate equally divided in and as he will recall, before the bill was In the past few weeks, the Senate the usual form. approved in the Senate Judiciary Com- also passed the FOIA Improvement

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.026 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 4, 2016 CONGRESSIONAL RECORD — SENATE S1635 Act, a bill authored by Senators COR- mainly protected as a matter of state Under the previous order, the com- NYN and LEAHY that I worked to move law. Forty-seven states have enacted mittee-reported substitute amendment through the committee process. It some variation of the Uniform Trade is agreed to. codifies a presumption of openness for Secrets Act. Yet as we have learned The bill was ordered to be engrossed government agencies to follow when through hearings in the Judiciary for a third reading and was read the they respond to requests for govern- Committee and from companies who third time. ment records via the Freedom of Infor- have experienced trade secret theft, the Mr. GRASSLEY. Mr. President, I ask mation Act. In passing the FOIA Im- increasing use of technology by crimi- for the yeas and nays. provement Act—the Senate is helping nals and their ability to quickly travel The PRESIDING OFFICER. Is there a change the culture in government to- across state lines, means at times sufficient second? ward openness and transparency. these laws are inadequate. The existing There appears to be a sufficient sec- In February, the Judiciary Com- patchwork of state laws has become a ond. mittee reported out the bipartisan Jus- difficult procedural hurdle for victims The PRESIDING OFFICER. The bill tice Against Sponsors of Terrorism Act who must seek immediate relief before having been read the third time, the by a vote of 19–0. The bill, which has their valuable intellectual property is question is, Shall it pass? now been signed into law, holds spon- lost forever. The yeas and nays have been ordered. sors of terrorism accountable by pre- As the pace of trade secret theft has venting them from invoking ‘‘sov- The clerk will call the roll. soared, the Federal Bureau of Inves- The legislative clerk called the roll. ereign immunity’’ in cases involving tigation reports that their caseload for attacks within the United States. It Mr. CORNYN. The following Senators economic espionage and trade secret are necessarily absent: the Senator also allows civil suits to be filed theft cases has also increased more from New Hampshire (Ms. AYOTTE), the against foreign entities that have aided than 60% from 2009 to 2013. The Defend Senator from Texas (Mr. CRUZ), the or abetted terrorists. Trade Secrets Act will create a uni- Senator from Colorado (Mr. GARDNER), The committee has worked to protect form federal civil cause of action, with- families and children by passing bills the Senator from Utah (Mr. LEE), the out preempting state law, to provide such as the Amy and Vicky Child Por- Senator from Alaska (Ms. MURKOWSKI), clear rules and predictability for trade nography Victim Restitution Improve- the Senator from Alaska (Mr. SUL- secret cases. Victims of trade secret ment Act and the Adoptive Family Re- LIVAN), the Senator from Pennsylvania theft will now have another weapon in lief Act. The Amy and Vicky Child Por- (Mr. TOOMEY), and the Senator from their arsenal to combat trade secret nography Victim Restitution Improve- Louisiana (Mr. VITTER). theft, aside from criminal enforcement. ment Act reverses a Supreme Court de- Further, if present and voting, the This bill will provide certainty of the cision that limited the restitution that Senator from New Hampshire (Ms. rules, standards, and practices to stop victims of child pornography can seek AYOTTE) would have voted ‘‘yea’’, the trade secrets from being disseminated from any single perpetrator, ensuring Senator from Colorado (Mr. GARDNER) that victims can be fully compensated and losing their value, and will allow would have voted ‘‘yea’’, and the Sen- victims to move quickly to federal for these heinous crimes, and can focus ator from Alaska (Mr. SULLIVAN) would their attention on healing. The Adop- court to stop their trade secrets from have voted ‘‘yea’’. tive Family Relief Act was signed into being disseminated. By improving Mr. DURBIN. I announce that the trade secret protection, this bill will law in October of 2015, after passing the Senator from Delaware (Mr. CARPER), Judiciary Committee, and aims to help also help to incentivize future innova- the Senator from New York (Mrs. tion. families facing challenges with inter- GILLIBRAND), the Senator from Importantly, the Defend Trade Se- national adoptions. Vermont (Mr. LEAHY), the Senator crets Act codifies protections for whis- And once again today, we are set to from Maryland (Ms. MIKULSKI), and the tleblowers. An amendment that I au- approve another Judiciary Committee Senator from Vermont (Mr. SANDERS). thored with Ranking Member LEAHY, bill that is supported by folks across The PRESIDING OFFICER (Mr. which was included in Committee, the whole of the political spectrum. LANKFORD). Are there any other Sen- would create express protections for The support behind the Defend Trade ators in the Chamber desiring to vote? whistleblowers who disclose trade se- Secrets Act makes clear that the Sen- The result was announced—yeas 87, crets confidentially to the government ate and Judiciary Committee is work- nays 0, as follows: to report a violation of the law. There ing to find thoughtful solutions to [Rollcall Vote No. 39 Leg.] problems facing our country. This bi- is a longstanding and compelling pub- partisan legislation is authored by Sen- lic interest in safeguarding the ability YEAS—87 ators HATCH and COONS. It brings need- of whistleblowers to lawfully and ap- Alexander Feinstein Murray propriately disclose waste, fraud, and Baldwin Fischer Nelson ed uniformity to trade secret litigation Barrasso Flake Paul so creators and owners of trade secrets abuse that would otherwise never be Bennet Franken Perdue can more effectively address the grow- brought to light. As chairman, and one Blumenthal Graham Peters ing problem of trade secret theft. of the founding members of the Senate Blunt Grassley Portman Whistleblower Protection Caucus, I’ve Booker Hatch Reed It is estimated that the American Boozman Heinrich Reid economy loses 2.1 million jobs every seen how whistleblowers help hold Boxer Heitkamp Risch year because of trade secret theft. Fur- wrongdoers accountable and allow the Brown Heller Roberts ther, according to a recent report of government to recoup taxpayer money Burr Hirono Rounds Cantwell Hoeven Rubio the Commission on the Theft of Amer- that might otherwise be lost to fraud Capito Inhofe Sasse ican Intellectual Property, annual and other unlawful activities. The in- Cardin Isakson Schatz losses owing to trade secret theft are clusion of this whistleblower protec- Casey Johnson Schumer tion in the Defend Trade Secrets Act Cassidy Kaine Scott likely comparable to the current an- Coats King Sessions nual level of U.S. exports to Asia—over allows us to help make sure that those Cochran Kirk Shaheen $300 billion. who are best in a position to report il- Collins Klobuchar Shelby Back in Iowa we have seen this first- legal conduct can come forward. Coons Lankford Stabenow Corker Manchin Tester hand as innovative companies like Passing legislation to help Ameri- Cornyn Markey Thune Monsanto and DuPont-Pioneer have be- cans deal with a growing problem like Cotton McCain Tillis come targets for trade secret theft. In trade secret theft in a bipartisan fash- Crapo McCaskill Udall a well-publicized case, a naturalized ion is an important accomplishment. I Daines McConnell Warner Donnelly Menendez Warren citizen was indicted and convicted for am proud of the way the Judiciary Durbin Merkley Whitehouse engaging in a scheme with foreign na- Committee continues to get things Enzi Moran Wicker tionals to steal proprietary test seeds done. Ernst Murphy Wyden from Iowa fields to benefit foreign Mr. President, I yield back the re- NOT VOTING—13 companies. mainder of our time. Ayotte Gardner Lee Contrasted with other areas of intel- The PRESIDING OFFICER. All time Carper Gillibrand lectual property, trade secrets are is yielded back. Cruz Leahy

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.025 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE S1636 CONGRESSIONAL RECORD — SENATE April 4, 2016 Mikulski Sanders Toomey ing gap in current law, especially since Good, thoughtful work was done in Murkowski Sullivan Vitter Federal civil remedies are available to the Senate Judiciary Committee to The bill (S. 1890), as amended, was protect other forms of intellectual craft the bill we are voting on today, passed. property such as patents, trademarks, which builds on earlier versions intro- f and copyrights. duced in prior Congresses. It is a testa- The Defend Trade Secrets Act would AMERICA’S SMALL BUSINESS TAX ment to how the Judiciary Committee close this gap by creating a civil right can and should operate when it func- RELIEF ACT OF 2015—MOTION TO of action in Federal court for mis- PROCEED—Continued tions with regular order. We held a appropriation of a trade secret that is public hearing on the issue of trade se- The PRESIDING OFFICER. The ma- related to a product or service used in cret theft in the Subcommittee on jority leader is recognized. interstate or foreign commerce. Avail- Crime and Terrorism during the 113th Mr. MCCONNELL. Mr. President, able remedies would include injunc- Congress and another hearing in the what is the pending business? tions, damages, and in certain cases en- full committee this past December. The PRESIDING OFFICER. The mo- hanced damages. This broadly bipar- Senators suggested improvements to tion to proceed on H.R. 636. tisan bill has been carefully crafted to the bill, they debated them, and they CLOTURE MOTION empower companies to protect their voted on the legislation. Mr. MCCONNELL. Mr. President, I trade secrets through a process that Unfortunately, the regular order and send a cloture motion to the desk. will be both swift and fair. By helping fair consideration that was given to The PRESIDING OFFICER. The clo- American companies safeguard their this legislation is being denied for one ture motion having been presented essential trade secrets from theft, the of the Senate’s most important and under rule XXII, the Chair directs the bill will help keep innovation and jobs solemn responsibilities: considering clerk to read the motion. in America. the Supreme Court nomination pending The Defend Trade Secrets Act has The legislative clerk read as follows: in the Senate Judiciary Committee. been cosponsored by 65 Senators and is Americans by a 2-to-1 margin want the CLOTURE MOTION supported by groups and companies Senate to move forward with a full and We, the undersigned Senators, in accord- representing a broad swath of the fair process for Chief Judge Garland. ance with the provisions of rule XXII of the American economy, including numer- The Senate today is coming together Standing Rules of the Senate, do hereby ous employers based in my home State move to bring to a close debate on the mo- to pass trade secrets legislation, but of Illinois, such as Caterpillar and Illi- tion to proceed to Calendar No. 55, H.R. 636, that does nothing to absolve us from nois Tool Works. I am pleased that the an act to amend the Internal Revenue Code doing our jobs by considering the pend- Senate is moving forward with passage of 1986 to permanently extend increased ex- ing Supreme Court nominee.∑ pensing limitations, and for other purposes. of this legislation, and I hope the bill Mrs. FEINSTEIN. Mr. President, I Mitch McConnell, Orrin G. Hatch, Daniel will soon pass the House of Representa- wish to express my support for the De- Coats, Lamar Alexander, John Booz- tives and be signed into law. fend Trade Secrets Act and to explain man, James M. Inhofe, Chuck Grassley, (At the request of Mr. REID, the fol- Mike Crapo, Richard Burr, Thad Coch- lowing statement was ordered to be some of the changes that were made in ran, Johnny Isakson, Roy Blunt, Dean the Judiciary Committee to ensure the printed in the RECORD.) Heller, John Thune, John McCain, ∑ Mr. LEAHY. Today, the Senate voted bill does not adversely impact Cali- John Cornyn, Steve Daines. on legislation that will provide a valu- fornia. Mr. MCCONNELL. Mr. President, I able tool to protect against trade se- First, let me congratulate Senators ask unanimous consent that the man- cret theft. This legislation is supported HATCH and COONS on their work on this datory quorum call be waived. by businesses from diverse sectors of bill. This bill will help protect vital trade The PRESIDING OFFICER. Without our economy, including companies secrets of American companies by pro- objection, it is so ordered. large and small. viding a Federal cause of action for the f In Vermont, trade secrets protect the specialized knowledge of woodworkers theft of trade secrets. It will ensure MORNING BUSINESS who have made heirloom products for there is access to Federal courts in generations, and cutting-edge start-ups these cases. During consideration of the bill in the Judiciary Committee, DEFEND TRADE SECRETS BILL that are shaping the future of plastics, software, and green technology. Trade some members, including me, voiced Mr. DURBIN. Mr. President, I am secrets protect the recipes for Vermont concern that the injunctive relief au- pleased that the Senate voted today on craft brews and closely guarded cus- thorized under the bill could override the Defend Trade Secrets Act. I am tomer lists for our top tourist services. State law limitations that safeguard proud to be an original cosponsor of Today’s legislation provides an impor- the ability of an employee to move this legislation, which would create a tant tool to protect these innovative from one job to another. This is known Federal civil cause of action to help businesses in Vermont and across the as employee mobility. Some States, in- deter and remedy trade secret theft country. cluding California, have strong public that is costing American businesses The Defend Trade Secrets Act con- policies or laws in favor of employee hundreds of billions of dollars each tains a bipartisan provision I offered mobility. These are reflected in some year. with Senator GRASSLEY to ensure that State court precedent or in laws that Trade secrets, such as manufacturing employers and other entities cannot are on the books. processes, industrial techniques, and bully whistleblowers or other litigants When this bill came before the Judi- customer lists, are critical assets for by threatening them with a lawsuit for ciary Committee, there was a serious U.S. companies. However, American trade secret theft. The provision pro- concern that a Federal law without companies are increasingly being tar- tects disclosures made in confidence to similar limits would override the law geted by efforts to steal this propri- law enforcement or an attorney for the in those States and create impairments etary information, often by overseas purpose of reporting a suspected viola- on employees’ ability to move from job interests. Currently, there is no Fed- tion of law and disclosures made in the to job. If that were to happen, it could eral civil remedy available to compa- course of a lawsuit, provided that the be a major limitation on employee mo- nies to fight this theft, and the Justice disclosure is made under seal. It re- bility that does not exist today. To Department does not have the re- quires employers to provide clear no- prevent this, the bill now includes lan- sources to investigate and prosecute tice of this protection in any non- guage to preserve the law in California criminally all of the thefts that are disclosure agreements they ask indi- and elsewhere. Specifically, the bill taking place. While most States have viduals to sign. This commonsense pub- bars an injunction ‘‘to prevent a person passed civil trade secret laws, these lic policy amendment is supported by from entering into an employment re- laws are not well suited for remedying the Project on Government Oversight lationship,’’ period. In other words, re- interstate or foreign trade secret theft. and the Government Accountability lief under this bill cannot include an The lack of a Federal civil remedy for Project and builds upon valuable schol- injunction barring a person from start- trade secret misappropriation is a glar- arly work by Professor Peter Menell. ing a new job. As I understand it, this

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.027 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 4, 2016 CONGRESSIONAL RECORD — SENATE S1637 reflects the practice under current law DEFENSE SECURITY tives by enhancing the UK’s capabilities to in California. COOPERATION AGENCY, provide national defense and contribute to Secondly, any injunction that is Arlington, VA. NATO and coalition operations. Hon. BOB CORKER, The proposed sale will allow the UK to re- issued cannot be based ‘‘merely on the Chairman, Committee on Foreign Relations, establish its Maritime Surveillance Aircraft information the person knows.’’ This U.S. Senate, Washington, DC. (MSA) capability that it divested when it language makes clear that any injunc- DEAR MR. CHAIRMAN: Pursuant to the re- cancelled the Nimrod MRA4 Maritime Patrol tive relief must be based on real evi- porting requirements of Section 36(b)(1) of Aircraft (MPA) program. The United King- dence of a threat to the trade secrets, the Arms Export Control Act, as amended, dom has retained core skills in maritime pa- we are forwarding herewith Transmittal No. trol and reconnaissance following the retire- not simply on the employee’s knowl- ment of the Nimrod aircraft through Per- edge. 16–26, concerning the Department of the Navy’s proposed Letter(s) of Offer and Ac- sonnel Exchange Programs (PEPs). The MSA Third, the bill also includes language ceptance to the United Kingdom for defense has remained the United Kingdom’s highest to ensure that any injunction issued articles and services estimated to cost $3.2 priority unfunded requirement. The P–8A under the bill does not ‘‘otherwise con- billion. After this letter is delivered to your aircraft would fulfill this requirement. The flict with an applicable State law pro- office, we plan to issue a news release to no- UK will have no difficulty absorbing these tify the public of this proposed sale. aircraft into its armed forces. hibiting restraints on the practice of a The proposed sale of this equipment and Sincerely, lawful profession, trade, or business.’’ support will not alter the basic military bal- JENNIFER ZAKRISKI, This language will ensure that States ance in the region. (for J. W. Rixey, Vice Admiral, USN, are able to protect against the use of The prime contractor involved in this sale Director). is The Boeing Company, Seattle, WA. Imple- this bill to create unlawful restraints Enclosures. on business practices within their mentation of the proposed sale will require TRANSMITTAL NO. 16–26 approximately sixty-four (64) personnel hired States. In fact, California’s strong pub- Notice of Proposed Issuance of Letter of by Boeing to support the program in the lic policy in favor of employee mobility Offer Pursuant to Section 36(b)(1) of the United Kingdom. Additional contractors in- stems from such a law, which is located Arms Export Control Act, as amended clude: ViaSat, Carlsbad, CA. at section 16600 in the State’s business (i) Prospective Purchaser: United King- and professions code. This law states: GC Micro, Petaluma, CA. dom. Rockwell Collins, Cedar Rapids, IA. ‘‘Except as provided in this chapter, (ii) Total Estimated Value: Spirit Aero, Wichita, KS. every contract by which anyone is re- Major Defense Equipment * $1.8 billion. Raytheon, Waltham, MA. strained from engaging in a lawful pro- Other $1.4 billion. Telephonics, Farmingdale, NY. fession, trade, or business of any kind Total $3.2 billion. Pole Zero, Cincinnati, OH. Northrop Grumman Corp, Falls Church, is to that extent void.’’ (iii) Description and Quantity or Quan- tities of Articles or Services under Consider- VA. As I said in the markup of this bill in ation for Purchase: Exelis, McLean, VA. the Judiciary Committee and as is Major Defense Equipment (MDE). Terma, Arlington, VA. noted in the Judiciary Committee’s re- Nine (9) P–8A Patrol Aircraft, which in- Symmetrics, Canada. Arnprior Aerospace, Canada. port, if a State’s trade secrets law au- clude: Tactical Open Mission Software General Electric, UK. thorizes additional remedies beyond (TOMS), Electro-Optical (EO) and Infrared Martin Baker, UK. what this bill authorizes, those State (IR) MX–20HD, AN/AAQ–2(V)1 Acoustic Sys- There are no known offset agreements pro- law remedies will still be available. tem, AN/APY–10 Radar, ALQ–240 Electronic posed in connection with this potential sale. Support Measures (ESM). There will be no adverse impact on U.S. de- I felt it was important to protect Twelve (12) Multifunctional Informational fense readiness as a result of this proposed California, which has a vibrant and dy- Distribution System (MIDS) Joint Tactical sale. namic economy of almost 40 million Radio Systems (JTRS). TRANSMITTAL NO. 16–26 people in so many sectors. Twelve (12) Guardian Laser Transmitter Notice of Proposed Issuance of Letter of I am very grateful that Senators Assemblies (GLTA) for AN/AAQ–24(V)N. Offer Pursuant to Section 36(b)(1) of the Twelve (12) System Processors for AN/ HATCH and COONS were willing to ac- Arms Export Control Act, as amended AAQ–24(V)N. Annex Item No. vii commodate my concerns, and I am Twelve (12) Missile Warning Sensors for pleased to support this bill and to co- AN/AAR–54 (for AN/AAQ–24(V)N). (vii) Sensitivity of Technology: sponsor it. Nine (9) LN–251 with Embedded Global Po- 1. The P–8A aircraft is a militarized Thank you very much. sitioning Systems/Inertial Navigation Sys- version of the Boeing 737–800 Next Genera- tem (EGI). tion (NG) commercial aircraft. The P–8A is Non-Major Defense Equipment (Non-MDE): replacing the P–3C as the Navy’s long-range f anti-submarine warfare (ASW), anti-surface Associated training, training devices, and warfare (ASuW), intelligence, surveillance, support. and reconnaissance (ISR) aircraft capable of ARMS SALES NOTIFICATION (iv) Military Department: U.S. Navy (SAN, broad-area, maritime and littoral oper- Basic Aircraft Procurement Case; LVK, Mr. CORKER. Mr. President, section ations. Basic Training Devices Case; TGO, Basic 2. P–8A mission systems include: 36(b) of the Arms Export Control Act Training Case). requires that Congress receive prior no- (a) Tactical Open Mission Software (v) Prior Related Cases, if any: UK–P–FBF, (TOMS). TOMS functions include environ- tification of certain proposed arms total case value $5.6M, implemented January ment planning tactical aids, weapons plan- sales as defined by that statute. Upon 27, 2015. ning aids, and data correlation. TOMS in- such notification, the Congress has 30 (vi) Sales Commission, Fee. etc., Paid, Of- cludes an algorithm for track fusion which calendar days during which the sale fered, or Agreed to be Paid: None. automatically correlates tracks produced by may be reviewed. The provision stipu- (vii) Sensitivity of Technology Contained on-board and off-board sensors. in the Defense Article or Defense Services (b) Electro-Optical (EO) and Infrared (IR) lates that, in the Senate, the notifica- Proposed to be Sold: See attached Annex. tion of proposed sales shall be sent to MX–20HD. The EO/IR system processes visi- (viii) Date Report Delivered to Congress: ble EO and IR spectrum to detect and image the chairman of the Senate Foreign March 24, 2016. objects. Relations Committee. * As defined in Section 47(6) of the Arms (c) AN/AAQ–2(V)1 Acoustic System. The In keeping with the committee’s in- Export Control Act. Acoustic sensor system is integrated within tention to see that relevant informa- POLICY JUSTIFICATION the mission system as the primary sensor for the aircraft ASW missions. The system has tion is available to the full Senate, I United Kingdom—P–8A Aircraft and multi-static active coherent (MAC) 64 sono- Associated Support ask unanimous consent to have printed buoy processing capability and acoustic sen- in the RECORD the notifications which The Government of the United Kingdom sor prediction tools. have been received. If the cover letter (UK) has requested notification for the pos- (d) AN/APY–10 Radar. The aircraft radar is references a classified annex, then such sible procurement of up to nine (9) P–8A Pa- a direct derivative of the legacy AN/APS– annex is available to all Senators in trol Aircraft, associated major defense 137(V) installed in the P–3C. The radar capa- the office of the Foreign Relations equipment, associated training, and support. bilities include Global Positioning System Committee, room SD–423. The estimated cost is $3.2 billion. (GPS), selective availability anti-spoofing, The UK is a close ally and an important Synthetic Aperture Radar (SAR), and In- There being no objection, the mate- partner on critical foreign policy and defense verse Synthetic Aperture Radar (ISAR) im- rial was ordered to be printed in the issues. The proposed sale will enhance U.S. agery resolutions, and periscope detection RECORD, as follows: foreign policy and national security objec- mode.

VerDate Sep 11 2014 03:40 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G04AP6.012 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE S1638 CONGRESSIONAL RECORD — SENATE April 4, 2016 (e) ALQ–240 Electronic Support Measures public alert and warning system of the ment Agency to modernize the integrated (ESM). This system provides real time capa- United States, and for other purposes. public alert and warning system of the bility for the automatic detection, location, S. 2393. An act to extend temporarily the United States, and for other purposes. measurement, and analysis of Radio-Fre- extended period of protection for members of S. 2393. An act to extend temporarily the quency (RF) signals and modes. Real time re- uniformed services relating to mortgages, extended period of protection for members of sults are compared with a library of known mortgage foreclosures, and eviction, and for uniformed services relating to mortgages, emitters to perform emitter classification other purposes. mortgage foreclosures, and eviction, and for and specific emitter identification (SEI). The message further announced that other purposes. (f) Electronic Warfare Self Protection the House agreed to the amendment of Under the authority of the order of (EWSP). The aircraft EWSP consists of the the Senate of January 6, 2015, the en- ALQ–213 Electronic Warfare Management the Senate to the bill (H.R. 4721) to System (EWMS). ALE–47 Countermeasures amend title 49, United States Code, to rolled bills were signed on March 31, Dispensing System (CMDS), and the AN/ extend authorizations for the airport 2016, during the adjournment of the AAQ–24 Directional Infrared Counter- improvement program, to amend the Senate, by the Acting President pro measures (DIRCM)/AAR–54 Missile Warning Internal Revenue Code of 1986 to extend tempore (Mr. ALEXANDER). Sensors (MWS). The EWSP includes threat the funding and expenditure authority f information. of the Airport and Airway Trust Fund, 3. If a technologically advanced adversary and for other purposes. MESSAGE FROM THE HOUSE was to obtain access to the P–8A specific hardware and software elements, systems ENROLLED BILL SIGNED At 3:02 p.m., a message from the could be reverse engineered to discover U.S. Under the order of the Senate of Jan- House of Representatives, delivered by Navy capabilities and tactics. The con- uary 6, 2015, the Secretary of the Sen- Mr. Novotny, one of its reading clerks, sequences of the loss of this technology, to a ate, on March 22, 2016, during the ad- announced that the House has passed technologically advanced or competent ad- journment of the Senate, received a the following bills, in which it requests versary, could result in the development of message from the House of Representa- the concurrence of the Senate: countermeasures or equivalent systems, H.R. 482. An act to redesignate Ocmulgee which could reduce system effectiveness or tives announcing that the Speaker had signed the following enrolled bill: National Monument in the State of Georgia be used in the development of a system with and revise its boundary, and for other pur- H.R. 1831. An act to establish the Commis- similar advance capabilities. poses. sion on Evidence-Based Policymaking, and 4. A determination has been made that the H.R. 1670. An act to direct the Architect of for other purposes. United Kingdom can provide substantially the Capitol to place in the United States the same degree of protection for the tech- Under the authority of the order of Capitol a chair honoring American Prisoners nology being released as the U.S. Govern- the Senate of January 6, 2015, the en- of War/Missing in Action. ment. Support of the P–8A Patrol Aircraft to rolled bill was signed on March 24, 2016, H.R. 2745. An act to amend the Clayton Act the Government of the United Kingdom is and the Federal Trade Commission Act to necessary in the furtherance of the U.S. for- during the adjournment of the Senate, by the Acting President pro tempore provide that the Federal Trade Commission eign policy and national security objectives. shall exercise authority with respect to (Mr. COTTON). 5. All defense articles and services listed in mergers only under the Clayton Act and only this transmittal have been authorized for re- Under the order of the Senate of Jan- in the same procedural manner as the Attor- lease and export to the United Kingdom. uary 6, 2015, the Secretary of the Sen- ney General exercises such authority. f ate, on March 24, 2016, during the ad- H.R. 2857. An act to facilitate the addition journment of the Senate, received a of park administration at the Coltsville Na- MESSAGES FROM THE PRESIDENT message from the House of Representa- tional Historical Park, and for other pur- Messages from the President of the tives announcing that the House poses. United States were communicated to agreed to the following concurrent res- H.R. 4119. An act to authorize the exchange the Senate by Mr. Pate, one of his sec- olution, without amendment: of certain land located in Gulf Islands Na- retaries. tional Seashore, Jackson County, Mis- S. Con. Res. 34. Concurrent resolution pro- sissippi, between the National Park Service f viding for an adjournment of the House of and the Veterans of Foreign Wars, and for Representatives. EXECUTIVE MESSAGES REFERRED other purposes. ENROLLED BILL SIGNED H.R. 4314. An act to require a plan to com- As in executive session the Presiding Under the order of the Senate of Jan- bat international travel by terrorists and Officer laid before the Senate messages uary 6, 2015, the Secretary of the Sen- foreign fighters, accelerate the transfer of from the President of the United ate, on March 24, 2016, during the ad- certain border security systems to foreign partner governments, establish minimum States submitting sundry nominations journment of the Senate, received a and a withdrawal which were referred international border security standards, au- message from the House of Representa- thorize the suspension of foreign assistance to the appropriate committees. tives announcing that the Speaker had to countries not making significant efforts (The messages received today are signed the following enrolled bill: to comply with such minimum standards, printed at the end of the Senate pro- H.R. 4721. An act to amend title 49, United and for other purposes. ceedings.) States Code, to extend authorizations for the H.R. 4336. An act to amend title 38, United States Code, to provide for the burial in Ar- f airport improvement program, to amend the Internal Revenue Code of 1986 to extend the lington National Cemetery of the cremated MESSAGES FROM THE HOUSE funding and expenditure authority of the remains of certain persons whose service has RECEIVED DURING ADJOURNMENT Airport and Airway Trust Fund, and for been determined to be active service. other purposes. H.R. 4472. An act to amend title IV of the Under the order of the Senate of Jan- Social Security Act to require States to uary 6, 2015, the Secretary of the Sen- Under the authority of the order of adopt a centralized electronic system to help ate, on March 22, 2016, during the ad- the Senate of January 6, 2015, the en- expedite the placement of children in foster journment of the Senate, received a rolled bill was signed on March 24, 2016, care or guardianship, or for adoption, across message from the House of Representa- during the adjournment of the Senate, State lines, and to provide grants to aid tives announcing that the House has by the Acting President pro tempore States in developing such a system, and for passed the following bill, with an (Mr. COTTON). other purposes. H.R. 4742. An act to authorize the National ENROLLED BILLS SIGNED amendment, in which it requests the Science Foundation to support entrepre- concurrence of the Senate: Under the order of the Senate of Jan- neurial programs for women. S. 192. An act to reauthorize the Older uary 6, 2015, the Secretary of the Sen- H.R. 4755. An act to inspire women to enter Americans Act of 1965, and for other pur- ate, on March 31, 2016, during the ad- the aerospace field, including science, tech- poses. journment of the Senate, received a nology, engineering, and mathematics, The message also announced that the message from the House of Representa- through mentorship and outreach. House has passed the following bills, tives announcing that the Speaker pro f without amendment: tempore (Mr. MESSER) had signed the MEASURES REFERRED S. 1180. An act to amend the Homeland Se- following enrolled bills: curity Act of 2002 to direct the Adminis- S. 1180. An act to amend the Homeland Se- The following bills were read the first trator of the Federal Emergency Manage- curity Act of 2002 to direct the Adminis- and the second times by unanimous ment Agency to modernize the integrated trator of the Federal Emergency Manage- consent, and referred as indicated:

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.032 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 4, 2016 CONGRESSIONAL RECORD — SENATE S1639 H.R. 482. An act to redesignate Ocmulgee lowing reports of committees were sub- By Mr. BROWN: National Monument in the State of Georgia mitted on March 28, 2016: S. 2741. A bill to amend the Employee Re- and revise its boundary, and for other pur- tirement Income Security Act of 1974 to per- By Mr. THUNE, from the Committee on poses; to the Committee on Energy and Nat- mit the Pension Benefit Guaranty Corpora- Commerce, Science, and Transportation, ural Resources. tion and the Secretary of Labor to elect not with an amendment in the nature of a sub- H.R. 2745. An act to amend the Clayton Act to recoup benefits overpayments; to the stitute: and the Federal Trade Commission Act to Committee on Health, Education, Labor, and S. 806. A bill to amend section 31306 of title provide that the Federal Trade Commission Pensions. 49, United States Code, to recognize hair as shall exercise authority with respect to By Mr. ALEXANDER (for himself, Mrs. an alternative specimen for preemployment mergers only under the Clayton Act and only MURRAY, Mr. KIRK, and Ms. WARREN): and random controlled substances testing of in the same procedural manner as the Attor- S. 2742. A bill to amend title IV of the Pub- commercial motor vehicle drivers and for ney General exercises such authority; to the lic Health Service Act regarding the na- other purposes (Rept. No. 114–232). Committee on the Judiciary. tional research institutes, and for other pur- By Mr. THUNE, from the Committee on H.R. 2857. An act to facilitate the addition poses; to the Committee on Health, Edu- Commerce, Science, and Transportation, of park administration at the Coltsville Na- cation, Labor, and Pensions. without amendment: tional Historical Park, and for other pur- S. 1335. A bill to implement the Convention f poses; to the Committee on Energy and Nat- on the Conservation and Management of the ural Resources. High Seas Fisheries Resources in the North SUBMISSION OF CONCURRENT AND H.R. 4119. An act to authorize the exchange Pacific Ocean, as adopted at Tokyo on Feb- SENATE RESOLUTIONS of certain land located in Gulf Islands Na- ruary 24, 2012, and for other purposes (Rept. tional Seashore, Jackson County, Mis- The following concurrent resolutions No. 114–233). sissippi, between the National Park Service and Senate resolutions were read, and and the Veterans of Foreign Wars, and for f referred (or acted upon), as indicated: other purposes; to the Committee on Energy REPORTS OF COMMITTEES By Mr. MENENDEZ (for himself, Mr. and Natural Resources. REID, Mr. LEAHY, Mr. UDALL, Mr. H.R. 4314. An act to require a plan to com- The following reports of committees BENNET, Mr. DURBIN, Mr. MARKEY, bat international travel by terrorists and were submitted: Mr. BOOKER, Mrs. FEINSTEIN, Mr. foreign fighters, accelerate the transfer of By Mr. JOHNSON, from the Committee on SCHUMER, Mr. PETERS, Mr. SANDERS, certain border security systems to foreign Homeland Security and Governmental Af- Mrs. GILLIBRAND, Mrs. BOXER, Mr. partner governments, establish minimum fairs, with an amendment in the nature of a HEINRICH, and Ms. WARREN): international border security standards, au- substitute: S. Res. 410. A resolution honoring the ac- thorize the suspension of foreign assistance S. 1873. A bill to strengthen accountability complishments and legacy of Cesar Estrada to countries not making significant efforts for deployment of border security technology Chavez; to the Committee on the Judiciary. to comply with such minimum standards, at the Department of Homeland Security, By Mr. COONS (for himself, Mr. ALEX- and for other purposes; to the Committee on and for other purposes (Rept. No. 114–234). ANDER, and Mr. KIRK): Foreign Relations. By Mr. ALEXANDER, from the Committee S. Res. 411. A resolution expressing support H.R. 4336. An act to amend title 38, United on Health, Education, Labor, and Pensions, for the goals and ideals of the biennial USA States Code, to provide for the burial in Ar- with an amendment in the nature of a sub- Science & Engineering Festival in Wash- lington National Cemetery of the cremated stitute: ington, DC, and designating April 11 through remains of certain persons whose service has S. 800. A bill to improve, coordinate, and April 17, 2016, as ‘‘National Science and been determined to be active service; to the enhance rehabilitation research at the Na- Technology Week’’; considered and agreed Committee on Veterans’ Affairs. tional Institutes of Health. to. H.R. 4472. An act to amend title IV of the S. 849. A bill to amend the Public Health By Ms. KLOBUCHAR (for herself and Social Security Act to require States to Service Act to provide for systematic data Mr. FRANKEN): adopt a centralized electronic system to help collection and analysis and epidemiological S. Res. 412. A resolution honoring the life expedite the placement of children in foster research regarding Multiple Sclerosis (MS), and legacy of the Honorable Martin Olav care or guardianship, or for adoption, across Parkinson’s disease, and other neurological Sabo as an outstanding public servant dedi- State lines, and to provide grants to aid diseases. cated to the State of Minnesota and the States in developing such a system, and for By Mr. ALEXANDER, from the Committee United States; considered and agreed to. other purposes; to the Committee on Fi- on Health, Education, Labor, and Pensions, f nance. with an amendment in the nature of a sub- H.R. 4742. An act to authorize the National stitute and an amendment to the title: ADDITIONAL COSPONSORS Science Foundation to support entrepre- S. 1101. A bill to amend the Federal Food, neurial programs for women; to the Com- Drug, and Cosmetic Act to provide for the S. 192 mittee on Commerce, Science, and Transpor- regulation of patient records and certain de- At the request of Mr. ALEXANDER, the tation. cision support software. name of the Senator from Minnesota H.R. 4755. An act to inspire women to enter By Mr. ALEXANDER, from the Committee (Mr. FRANKEN) was added as a cospon- the aerospace field, including science, tech- on Health, Education, Labor, and Pensions, sor of S. 192, a bill to reauthorize the nology, engineering, and mathematics, with an amendment in the nature of a sub- through mentorship and outreach; to the Older Americans Act of 1965, and for stitute: other purposes. Committee on Commerce, Science, and S. 2014. A bill to demonstrate a commit- Transportation. ment to our Nation’s scientists by increasing S. 314 f opportunities for the development of our At the request of Mr. GRASSLEY, the ENROLLED BILLS PRESENTED next generation of researchers. name of the Senator from Colorado S. 2687. A bill to amend the Child Abuse (Mr. BENNET) was added as a cosponsor The Secretary of the Senate reported Prevention and Treatment Act to improve of S. 314, a bill to amend title XVIII of that on March 31, 2016, she had pre- plans of safe care for infants affected by ille- the Social Security Act to provide for gal substance abuse or withdrawal symp- sented to the President of the United coverage under the Medicare program States the following enrolled bills: toms, or a Fetal Alcohol Spectrum Disorder, and for other purposes. of pharmacist services. S. 1180. An act to amend the Homeland Se- S. 386 curity Act of 2002 to direct the Adminis- f At the request of Mr. THUNE, the trator of the Federal Emergency Manage- INTRODUCTION OF BILLS AND name of the Senator from Arkansas ment Agency to modernize the integrated JOINT RESOLUTIONS public alert and warning system of the (Mr. COTTON) was added as a cosponsor United States, and for other purposes. The following bills and joint resolu- of S. 386, a bill to limit the authority of S. 2393. An act to extend temporarily the tions were introduced, read the first States to tax certain income of em- extended period of protection for members of and second times by unanimous con- ployees for employment duties per- uniformed services relating to mortgages, sent, and referred as indicated: formed in other States. mortgage foreclosures, and eviction, and for other purposes. By Mr. KIRK (for himself, Mr. INHOFE, S. 578 Mr. GARDNER, Mr. MORAN, Mr. f At the request of Mr. SCHUMER, the LANKFORD, and Mr. HATCH): name of the Senator from Michigan S. 2740. A bill to prohibit the transfer or re- REPORTS OF COMMITTEES DURING (Ms. STABENOW) was added as a cospon- ADJOURNMENT lease of individuals detained at United States Naval Station, Guantanamo Bay, sor of S. 578, a bill to amend title XVIII Under the authority of the order of Cuba, to state sponsors of terrorism; to the of the Social Security Act to ensure the Senate of March 17, 2016, the fol- Committee on Armed Services. more timely access to home health

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.007 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE S1640 CONGRESSIONAL RECORD — SENATE April 4, 2016 services for Medicare beneficiaries Service Act to require group and indi- (Mr. DAINES) and the Senator from New under the Medicare program. vidual health insurance coverage and Mexico (Mr. HEINRICH) were added as S. 579 group health plans to provide for cov- cosponsors of S. 2219, a bill to require At the request of Mr. GRASSLEY, the erage of oral anticancer drugs on terms the Secretary of Commerce to conduct name of the Senator from Ohio (Mr. no less favorable than the coverage an assessment and analysis of the out- PORTMAN) was added as a cosponsor of provided for anticancer medications door recreation economy of the United S. 579, a bill to amend the Inspector administered by a health care provider. States, and for other purposes. General Act of 1978 to strengthen the S. 1715 S. 2283 independence of the Inspectors Gen- At the request of Mr. HOEVEN, the At the request of Mr. DAINES, the eral, and for other purposes. names of the Senator from North Caro- name of the Senator from Kansas (Mr. S. 682 lina (Mr. BURR) and the Senator from ROBERTS) was added as a cosponsor of At the request of Mr. DONNELLY, the Illinois (Mr. DURBIN) were added as co- S. 2283, a bill to ensure that small busi- name of the Senator from Iowa (Mrs. sponsors of S. 1715, a bill to require the ness providers of broadband Internet ERNST) was added as a cosponsor of S. Secretary of the Treasury to mint access service can devote resources to 682, a bill to amend the Truth in Lend- coins in commemoration of the 400th broadband deployment rather than ing Act to modify the definitions of a anniversary of the arrival of the Pil- compliance with cumbersome regu- mortgage originator and a high-cost grims. latory requirements. mortgage. S. 1726 S. 2311 S. 763 At the request of Mr. MERKLEY, the At the request of Mr. HELLER, the At the request of Mr. REED, the name name of the Senator from Hawaii (Mr. name of the Senator from Alaska (Ms. of the Senator from New York (Mrs. SCHATZ) was added as a cosponsor of S. MURKOWSKI) was added as a cosponsor GILLIBRAND) was added as a cosponsor 1726, a bill to create protections for de- of S. 2311, a bill to amend the Public of S. 763, a bill to amend title XII of pository institutions that provide fi- Health Service Act to authorize the the Public Health Service Act to reau- nancial services to marijuana-related Secretary of Health and Human Serv- thorize certain trauma care programs, businesses, and for other purposes. ices, acting through the Administrator and for other purposes. S. 1774 of the Health Resources and Services S. 804 At the request of Mr. BLUMENTHAL, Administration, to make grants to At the request of Mrs. SHAHEEN, the the name of the Senator from Oregon States for screening and treatment for name of the Senator from Maryland (Mr. MERKLEY) was added as a cospon- maternal depression. (Mr. CARDIN) was added as a cosponsor sor of S. 1774, a bill to amend title 11 of S. 2348 of S. 804, a bill to amend title XVIII of the United States Code to treat Puerto At the request of Mr. HATCH, the the Social Security Act to specify cov- Rico as a State for purposes of chapter name of the Senator from Rhode Island erage of continuous glucose monitoring 9 of such title relating to the adjust- (Mr. WHITEHOUSE) was added as a co- devices, and for other purposes. ment of debts of municipalities. sponsor of S. 2348, a bill to implement S. 843 S. 1890 the use of Rapid DNA instruments to At the request of Mr. BROWN, the At the request of Mr. HATCH, the inform decisions about pretrial release name of the Senator from Iowa (Mr. name of the Senator from Florida (Mr. or detention and their conditions, to GRASSLEY) was added as a cosponsor of NELSON) was added as a cosponsor of S. solve and prevent violent crimes and S. 843, a bill to amend title XVIII of the 1890, a bill to amend chapter 90 of title other crimes, to exonerate the inno- Social Security Act to count a period 18, United States Code, to provide Fed- cent, to prevent DNA analysis back- of receipt of outpatient observation eral jurisdiction for the theft of trade logs, and for other purposes. services in a hospital toward satisfying secrets, and for other purposes. S. 2358 the 3-day inpatient hospital require- S. 1982 At the request of Mr. BROWN, the ment for coverage of skilled nursing fa- At the request of Mr. CARDIN, the name of the Senator from Missouri cility services under Medicare. name of the Senator from Colorado (Mr. BLUNT) was added as a cosponsor S. 901 (Mr. GARDNER) was added as a cospon- of S. 2358, a bill to direct the Adminis- At the request of Mr. MORAN, the sor of S. 1982, a bill to authorize a Wall trator of the Environmental Protection names of the Senator from Vermont of Remembrance as part of the Korean Agency to carry out a pilot program to (Mr. LEAHY) and the Senator from West War Veterans Memorial and to allow work with municipalities that are Virginia (Mrs. CAPITO) were added as certain private contributions to fund seeking to develop and implement inte- cosponsors of S. 901, a bill to establish the Wall of Remembrance. grated plans to meet wastewater and in the Department of Veterans Affairs S. 2042 stormwater obligations under the Fed- a national center for research on the At the request of Mrs. MURRAY, the eral Water Pollution Control Act, and diagnosis and treatment of health con- name of the Senator from Minnesota for other purposes. ditions of the descendants of veterans (Ms. KLOBUCHAR) was added as a co- S. 2423 exposed to toxic substances during sponsor of S. 2042, a bill to amend the At the request of Mrs. SHAHEEN, the service in the Armed Forces that are National Labor Relations Act to name of the Senator from Ohio (Mr. related to that exposure, to establish strengthen protections for employees BROWN) was added as a cosponsor of S. an advisory board on such health con- wishing to advocate for improved 2423, a bill making appropriations to ditions, and for other purposes. wages, hours, or other terms or condi- address the heroin and opioid drug S. 979 tions of employment and to provide for abuse epidemic for the fiscal year end- At the request of Mr. NELSON, the stronger remedies for interference with ing September 30, 2016, and for other name of the Senator from Montana these rights, and for other purposes. purposes. (Mr. TESTER) was added as a cosponsor S. 2180 S. 2438 of S. 979, a bill to amend title 10, At the request of Mr. KIRK, the name At the request of Mr. BROWN, the United States Code, to repeal the re- of the Senator from New Hampshire name of the Senator from New York quirement for reduction of survivor an- (Ms. AYOTTE) was added as a cosponsor (Mrs. GILLIBRAND) was added as a co- nuities under the Survivor Benefit of S. 2180, a bill to amend the Age Dis- sponsor of S. 2438, a bill to amend titles Plan by veterans’ dependency and in- crimination in Employment Act of 1967 XI and XIX of the Social Security Act demnity compensation, and for other and other laws to clarify appropriate to establish a comprehensive and na- purposes. standards for Federal employment dis- tionwide system to evaluate the qual- S. 1566 crimination and retaliation claims, ity of care provided to beneficiaries of At the request of Mr. KIRK, the name and for other purposes. Medicaid and the Children’s Health In- of the Senator from Colorado (Mr. BEN- S. 2219 surance Program and to provide incen- NET) was added as a cosponsor of S. At the request of Mrs. SHAHEEN, the tives for voluntary quality improve- 1566, a bill to amend the Public Health names of the Senator from Montana ment.

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.013 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 4, 2016 CONGRESSIONAL RECORD — SENATE S1641

S. 2468 S. 2596 S. 2705 At the request of Mr. TESTER, the At the request of Mr. HELLER, the At the request of Ms. HIRONO, the name of the Senator from Minnesota name of the Senator from Delaware name of the Senator from Delaware (Mr. FRANKEN) was added as a cospon- (Mr. COONS) was added as a cosponsor (Mr. COONS) was added as a cosponsor sor of S. 2468, a bill to require the Sec- of S. 2596, a bill to amend title 10, of S. 2705, a bill to authorize Federal retary of the Interior to carry out a 5- United States Code, to permit veterans agencies to establish prize competi- year demonstration program to provide who have a service-connected, perma- tions for innovation or adaptation grants to eligible Indian tribes for the nent disability rated as total to travel management development relating to construction of tribal schools, and for on military aircraft in the same man- coral reef ecosystems and for other other purposes. ner and to the same extent as retired purposes. S. 2502 members of the Armed Forces entitled S. 2707 At the request of Mr. ISAKSON, the to such travel. At the request of Mr. SCOTT, the name of the Senator from Ohio (Mr. S. 2631 name of the Senator from Maine (Ms. COLLINS) was added as a cosponsor of S. PORTMAN) was added as a cosponsor of At the request of Mr. DURBIN, the 2707, a bill to require the Secretary of S. 2502, a bill to amend the Employee name of the Senator from Maryland Labor to nullify the proposed rule re- Retirement Income Security Act of (Mr. CARDIN) was added as a cosponsor garding defining and delimiting the ex- 1974 to ensure that retirement inves- of S. 2631, a bill to amend the Residen- emptions for executive, administrative, tors receive advice in their best inter- tial Lead-Based Paint Hazard Reduc- professional, outside sales, and com- ests, and for other purposes. tion Act of 1992 to define environ- puter employees, to require the Sec- S. 2505 mental intervention blood lead level, retary of Labor to conduct a full and At the request of Mr. KIRK, the name and for other purposes. complete economic analysis with im- of the Senator from Ohio (Mr. S. 2659 PORTMAN) was added as a cosponsor of proved economic data on small busi- At the request of Mr. BURR, the name S. 2505, a bill to amend the Internal nesses, nonprofit employers, Medicare of the Senator from Idaho (Mr. CRAPO) Revenue Code of 1986 to ensure that re- or Medicaid dependent health care pro- was added as a cosponsor of S. 2659, a tirement investors receive advice in viders, and small governmental juris- bill to reaffirm that the Environmental their best interests, and for other pur- dictions, and all other employers, and Protection Agency cannot regulate ve- poses. minimize the impact on such employ- hicles used solely for competition, and ers, before promulgating any substan- S. 2531 for other purposes. tially similar rule, and to provide a At the request of Mr. KIRK, the name S. 2662 rule of construction regarding the sal- of the Senator from New York (Mr. At the request of Mr. BROWN, the ary threshold exemption under the SCHUMER) was added as a cosponsor of name of the Senator from California Fair Labor Standards Act of 1938, and S. 2531, a bill to authorize State and for other purposes. local governments to divest from enti- (Mrs. FEINSTEIN) was added as a co- S. 2710 ties that engage in commerce-related sponsor of S. 2662, a bill to amend the Internal Revenue Code to include in in- At the request of Ms. HIRONO, the or investment-related boycott, divest- name of the Senator from Illinois (Mr. ment, or sanctions activities targeting come the unrepatriated earnings of DURBIN) was added as a cosponsor of S. Israel, and for other purposes. groups that include an inverted cor- poration. 2710, a bill to increase the participation S. 2541 S. 2679 of historically underrepresented demo- At the request of Mr. BLUMENTHAL, graphic groups in science, technology, At the request of Ms. KLOBUCHAR, the the names of the Senator from Rhode engineering, and mathematics edu- names of the Senator from Minnesota Island (Mr. REED) and the Senator from cation and industry. (Mr. FRANKEN) and the Senator from Massachusetts (Mr. MARKEY) were S. 2716 added as cosponsors of S. 2541, a bill to New York (Mrs. GILLIBRAND) were added as cosponsors of S. 2679, a bill to At the request of Mr. REED, the name amend the Lacey Act Amendments of of the Senator from Massachusetts amend title 38, United States Code, to 1981 to clarify provisions enacted by (Mr. MARKEY) was added as a cosponsor direct the Secretary of Veterans Af- the Captive Wildlife Safety Act to fur- of S. 2716, a bill to update the oil and fairs to establish within the Depart- ther the conservation of prohibited gas and mining industry guides of the ment of Veterans Affairs a center of ex- wildlife species. Securities and Exchange Commission. S. 2572 cellence in the prevention, diagnosis, mitigation, treatment, and rehabilita- S. 2726 At the request of Mr. TESTER, the At the request of Mr. KIRK, the name tion of health conditions relating to name of the Senator from Pennsyl- of the Senator from Pennsylvania (Mr. exposure to burn pits. vania (Mr. CASEY) was added as a co- TOOMEY) was added as a cosponsor of S. sponsor of S. 2572, a bill to make dem- S. 2693 2726, a bill to hold Iran accountable for onstration grants to eligible local edu- At the request of Mr. ALEXANDER, the its state sponsorship of terrorism and cational agencies or consortia of eligi- name of the Senator from Kansas (Mr. other threatening activities and for its ble local educational agencies for the ROBERTS) was added as a cosponsor of human rights abuses, and for other purpose of increasing the numbers of S. 2693, a bill to ensure the Equal Em- purposes. school nurses in public elementary ployment Opportunity Commission al- S. 2738 schools and secondary schools. locates its resources appropriately by At the request of Mr. GRASSLEY, the S. 2592 prioritizing complaints of discrimina- name of the Senator from New York At the request of Mr. MERKLEY, the tion before implementing the proposed (Mrs. GILLIBRAND) was added as a co- name of the Senator from Massachu- revision of the employer information sponsor of S. 2738, a bill to amend the setts (Ms. WARREN) was added as a co- report EEO–1, and for other purposes. Lobbying Disclosure Act of 1995 to re- sponsor of S. 2592, a bill to amend the S. 2697 quire the disclosure of political intel- Fair Credit Reporting Act by insti- At the request of Mrs. MURRAY, the ligence activities, to amend title 18, tuting a 180-day waiting period before names of the Senator from New York United States Code, to provide for re- medical debt will be reported on a con- (Mrs. GILLIBRAND) and the Senator strictions on former officers, employ- sumer’s credit report and removing from Michigan (Ms. STABENOW) were ees, and elected officials of the execu- paid-off and settled medical debts from added as cosponsors of S. 2697, a bill to tive and legislative branches regarding credit reports that have been fully paid amend the Fair Labor Standards Act of political intelligence contacts, and for or settled, to amend the Fair Debt Col- 1938 and the Portal-to-Portal Act of other purposes. lection Practices Act by providing for a 1947 to prevent wage theft and assist in S. RES. 394 timetable for verification of medical the recovery of stolen wages, to au- At the request of Mr. MENENDEZ, the debt and to increase the efficiency of thorize the Secretary of Labor to ad- names of the Senator from Maryland credit markets with more perfect infor- minister grants to prevent wage and (Mr. CARDIN), the Senator from Dela- mation, and for other purposes. hour violations, and for other purposes. ware (Mr. CARPER), the Senator from

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.015 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE S1642 CONGRESSIONAL RECORD — SENATE April 4, 2016 Delaware (Mr. COONS) and the Senator 1988, to call attention to the terrible working SENATE RESOLUTION 411—EX- from New York (Mrs. GILLIBRAND) were and living conditions of farm workers in the PRESSING SUPPORT FOR THE added as cosponsors of S. Res. 394, a United States; GOALS AND IDEALS OF THE BI- resolution recognizing the 195th anni- Whereas through his commitment to non- ENNIAL USA SCIENCE & ENGI- versary of the independence of Greece violence, Cesar Estrada Chavez brought dig- NEERING FESTIVAL IN WASH- and celebrating democracy in Greece nity and respect to organized farm workers INGTON, DC, AND DESIGNATING and became an inspiration to and a resource and the United States. APRIL 11 THROUGH APRIL 17, for individuals engaged in human rights 2016, AS ‘‘NATIONAL SCIENCE f struggles throughout the world; AND TECHNOLOGY WEEK’’ SUBMITTED RESOLUTIONS Whereas the influence of Cesar Estrada Chavez extends far beyond agriculture and Mr. COONS (for himself, Mr. ALEX- provides inspiration for individuals working ANDER, and Mr. KIRK) submitted the SENATE RESOLUTION 410—HON- to better human rights, empower workers, following resolution; which was consid- ORING THE ACCOMPLISHMENTS and advance the American Dream, which is ered and agreed to: AND LEGACY OF CESAR for all people of the United States; S. RES. 411 ESTRADA CHAVEZ Whereas Cesar Estrada Chavez died on Whereas science, technology, engineering, April 23, 1993, at the age of 66, in San Luis, and mathematics (referred to in this pre- Mr. MENENDEZ (for himself, Mr. Arizona, only miles from his birthplace; amble as ‘‘STEM’’) are essential to the fu- REID, Mr. LEAHY, Mr. UDALL, Mr. BEN- Whereas more than 50,000 individuals at- ture global competitiveness of the United NET, Mr. DURBIN, Mr. MARKEY, Mr. tended the funeral services of Cesar Estrada States; BOOKER, Mrs. FEINSTEIN, Mr. SCHUMER, Chavez in Delano, California; Whereas advances in technology have re- Mr. PETERS, Mr. SANDERS, Mrs. GILLI- Whereas Cesar Estrada Chavez was laid to sulted in significant improvement in the BRAND, Mrs. BOXER, Mr. HEINRICH, and rest at the headquarters of the United Farm daily life of each individual in the United States; Ms. WARREN) submitted the following Workers of America, known as ‘‘Nuestra Sen˜ ora de La Paz’’, located in the Tehachapi Whereas scientific discoveries are critical resolution; which was referred to the to curing diseases, solving global challenges, Committee on the Judiciary: Mountains in Keene, California; Whereas since the death of Cesar Estrada and an increased understanding of the world; S. RES. 410 Chavez, schools, parks, streets, libraries, and Whereas the future global economy re- quires a workforce that is educated in Whereas Cesar Estrada Chavez was born on other public facilities, as well as awards and science and engineering specialties; March 31, 1927, near Yuma, Arizona; scholarships, have been named in his honor; Whereas Cesar Estrada Chavez spent his Whereas educating a new generation of in- Whereas more than 10 States and dozens of dividuals in the United States in STEM is early years on a family farm; communities across the United States honor Whereas at the age of 10, Cesar Estrada crucial to ensure continued economic the life and legacy of Cesar Estrada Chavez growth; Chavez joined the thousands of migrant farm each year on March 31; workers laboring in fields and vineyards Whereas an increase in the interest of the Whereas March 31 is recognized as an offi- throughout the Southwest after a bank fore- next generation of students in the United cial State holiday in California, Colorado, closure resulted in the loss of the family States, particularly young women and and Texas, and there is growing support to farm; underrepresented minorities, in STEM is Whereas Cesar Estrada Chavez, after at- designate the birthday of Cesar Estrada Cha- necessary to maintain the global competi- tending more than 30 elementary and middle vez as a national day of service to memori- tiveness of the United States; Whereas science and engineering festivals schools and achieving an eighth grade edu- alize his heroism; have attracted millions of participants and cation, left school to work full time as a Whereas during his lifetime, Cesar Estrada inspired an effort throughout the United farm worker to help support his family; Chavez was a recipient of the Martin Luther States to promote science and engineering; Whereas at the age of 17, Cesar Estrada King, Jr., Peace Prize; Whereas thousands of institutions of high- Chavez entered the United States Navy and Whereas, on August 8, 1994, Cesar Estrada er education, museums, science centers, served the United States with distinction for Chavez was posthumously awarded the Presi- STEM professional societies, educational so- 2 years; dential Medal of Freedom; cieties, government agencies and labora- Whereas in 1948, Cesar Estrada Chavez re- Whereas, on October 8, 2012, the President tories, community organizations, elemen- turned from military service to marry Helen authorized the Secretary of the Interior to tary and secondary schools, volunteers, cor- Fabela, whom he had met while working in establish the Cesar Estrada Chavez National porate and private sponsors, and nonprofit the vineyards of central California; Monument in Keene, California; organizations come together to organize the Whereas Cesar Estrada Chavez and Helen Whereas the President honored the life and USA Science & Engineering Festival in Fabela had 8 children; service of Cesar Estrada Chavez by pro- Washington, DC, during April 2016; Whereas, as early as 1949, Cesar Estrada claiming March 31, 2015, to be ‘‘Cesar Chavez Whereas the USA Science & Engineering Chavez was committed to organizing farm Day’’ and by asking all people of the United Festival, through exhibits on topics includ- workers to campaign for safe and fair work- States to observe March 31 with service, ing human spaceflight, medicine, engineer- ing conditions, reasonable wages, livable community, and education programs to ing, biotechnology, physics, and astronomy— housing, and outlawing child labor; honor the enduring legacy of Cesar Estrada (1) reinvigorates the interest of young indi- Whereas, in 1952, Cesar Estrada Chavez Chavez; and viduals in the United States in STEM; and joined the Community Service Organization, (2) highlights the important contributions Whereas the United States should continue a prominent Latino civil rights group, and of science and engineering to the competi- worked with the organization to coordinate the efforts of Cesar Estrada Chavez to ensure tiveness of the United States; and voter registration drives and conduct cam- equality, justice, and dignity for all people Whereas scientific research is essential to paigns against discrimination in East Los of the United States: Now, therefore, be it the competitiveness of the United States, Angeles; Resolved, That the Senate— and an event such as the USA Science & En- Whereas Cesar Estrada Chavez served as (1) recognizes the accomplishments and ex- gineering Festival promotes the importance the national director of the Community ample of Cesar Estrada Chavez, a great hero of scientific research and development for Service Organization; of the United States; the future of the United States: Now, there- Whereas, in 1962, Cesar Estrada Chavez left (2) pledges to promote the legacy of Cesar fore, be it the Community Service Organization to es- Resolved, That the Senate— Estrada Chavez; and tablish the National Farm Workers Associa- (1) expresses support for the goals and (3) encourages the people of the United tion, which eventually became the United ideals of the USA Science & Engineering States to commemorate the legacy of Cesar Farm Workers of America; Festival to promote, as the cornerstones of Whereas under the leadership of Cesar Estrada Chavez and to always remember his innovation and competition in the United ≠ Estrada Chavez, the United Farm Workers of great rallying cry: ‘‘ Si, se puede!’’, which is States— America organized thousands of migrant Spanish for ‘‘Yes, we can!’’, as a symbol of (A) scholarship in science; and farm workers to fight for fair wages, health unity and hope for each individual who seeks (B) an interest in scientific research and care coverage, pension benefits, livable hous- justice. development; ing, and respect; (2) supports a festival, such as the USA Whereas Cesar Estrada Chavez was a Science & Engineering Festival, that focuses strong believer in the principles of non- on the importance of science and engineering violence practiced by Mahatma Gandhi and to the daily life of each individual in the Dr. Martin Luther King, Jr.; United States through exhibits on topics in- Whereas Cesar Estrada Chavez effectively cluding human spaceflight, medicine, engi- used peaceful tactics, including fasting for 25 neering, biotechnology, physics, and astron- days in 1968, 25 days in 1972, and 38 days in omy;

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.017 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 4, 2016 CONGRESSIONAL RECORD — SENATE S1643 (3) congratulates each individual or organi- (E) to promote agricultural production The PRESIDING OFFICER. Without zation the efforts of which make the USA and research; objection, it is so ordered. Science & Engineering Festival possible; (F) to establish the Department of Home- (4) recognizes that the USA Science & En- land Security; and f gineering Festival highlights the accom- (G) to strengthen the Department of De- NATIONAL SCIENCE AND plishments of the United States in science fense; TECHNOLOGY WEEK and engineering; Whereas Martin Olav Sabo served on the (5) encourages each family and child to Committee on the Budget of the House of Mr. MCCONNELL. Mr. President, I participate in 1 or more of the activities or Representatives for 8 years, including— ask unanimous consent that the Sen- exhibits of the USA Science & Engineering (1) 2 years as Ranking Member; and ate proceed to the immediate consider- Festival, which will occur— (2) 2 years as Chairman during the 103rd ation of S. Res. 411, submitted earlier (A) in Washington, DC; and Congress, a period during which Martin Olav today. (B) across the United States as satellite Sabo shepherded through enactment into law The PRESIDING OFFICER. The events; and on August 10, 1993, the Omnibus Budget Rec- clerk will report the resolution by onciliation Act of 1993 (Public Law 103–66), (6) designates April 11 through April 17, title. 2016, as ‘‘National Science and Technology which many contend paved the way to a bal- Week’’. anced budget in 1998, the first balanced budg- The legislative clerk read as follows: et of the United States since 1969; A resolution (S. Res. 411) expressing sup- f Whereas Martin Olav Sabo was concerned port for the goals and ideals of the biennial SENATE RESOLUTION 412—HON- with the growing disparity between workers USA Science & Engineering Festival in ORING THE LIFE AND LEGACY at the top of the income ladder and those at Washington, DC, and designating April 11 OF THE HONORABLE MARTIN the bottom and on October 13, 1993, Martin through April 17, 2016, as ‘‘National Science and Technology Week.’’ OLAV SABO AS AN OUT- Olav Sabo introduced H.R. 3278, 103rd Con- gress, entitled the ‘‘Income Equity Act of STANDING PUBLIC SERVANT There being no objection, the Senate 1993’’, and Martin Olav Sabo reintroduced proceeded to consider the resolution. DEDICATED TO THE STATE OF that legislation in each subsequent Congress Mr. MCCONNELL. Mr. President, I MINNESOTA AND THE UNITED in which he served; STATES Whereas Martin Olav Sabo was a long-time further ask unanimous consent that the resolution be agreed to, the pre- Ms. KLOBUCHAR (for herself and Mr. fan of baseball and the Minnesota Twins and wore a Minnesota Twins team uniform each amble be agreed to, and the motions to FRANKEN) submitted the following res- spring as a player on, and the manager of, reconsider be considered made and laid olution; which was considered and the Democratic team in the annual congres- upon the table with no intervening ac- agreed to: sional baseball game; tion or debate. S. RES. 412 Whereas the Martin Olav Sabo Bridge in The PRESIDING OFFICER. Without Whereas Martin Olav Sabo was born on Minneapolis, Minnesota, was named after objection, it is so ordered. February 28, 1938, in Crosby, North Dakota, Representative Sabo; The resolution (S. Res. 411) was Whereas Martin Olav Sabo retired from the and grew up in Alkabo, North Dakota; agreed to. Whereas Martin Olav Sabo attended Augs- House of Representatives in 2006 and later served as— The preamble was agreed to. burg College in Minneapolis, Minnesota, and (The resolution, with its preamble, is graduated in 1959; (1) co-chair of the National Transportation Whereas in 1960, at the age of 22 years, Policy Project of the Bipartisan Policy Cen- printed in today’s RECORD under ‘‘Sub- Martin Olav Sabo was first elected to the ter; and mitted Resolutions.’’) Minnesota House of Representatives and at (2) a member of the Minnesota Ballpark f that time, Martin Olav Sabo was the young- Authority; and est person ever elected to the Minnesota Whereas Martin Olav Sabo will be remem- HONORING THE LIFE AND LEGACY Legislature; bered as a strong, civil legislator with an un- OF THE HONORABLE MARTIN Whereas Martin Olav Sabo served in the derstated demeanor that earned him the rep- OLAV SABO utation of being able to work on a bipartisan Minnesota House of Representatives for 18 Mr. MCCONNELL. Mr. President, I years, including— basis to get things done for the fifth congres- sional district of Minnesota, the State of ask unanimous consent that the Sen- (1) 4 years as minority leader; and ate proceed to the consideration of S. (2) 6 years as the first member of the Minnesota, and the United States: Now, Democratic-Farmer-Labor Party to serve as therefore, be it Res. 412, submitted earlier today. Speaker of the Minnesota House of Rep- Resolved, That the Senate— The PRESIDING OFFICER. The resentatives; (1) honors the life and accomplishments of clerk will report the resolution by Whereas Martin Olav Sabo fought for the the Honorable Martin Olav Sabo; title. historic 1971 ‘‘Minnesota Miracle’’ that (2) remembers the work that Martin Olav The legislative clerk read as follows: Sabo accomplished to balance the Federal changed the way schools and localities were A resolution (S. Res. 412) honoring the life funded; budget, improve transportation and housing, and bring attention to the growing disparity and legacy of the Honorable Martin Olav Whereas Martin Olav Sabo was first elect- Sabo as an outstanding public servant dedi- ed to the House of Representatives in 1978 between high- and low-wage earners; and (3) recognizes the indelible legacy that cated to the State of Minnesota and the and he served 28 years as a Member of Con- United States. gress representing the fifth congressional Martin Olav Sabo has left on the State of district of Minnesota; Minnesota and the United States. There being no objection, the Senate Whereas in 1979, as a freshman legislator, f proceeded to consider the resolution. Mr. MCCONNELL. Mr. President, I Martin Olav Sabo was appointed to serve on AUTHORITY FOR COMMITTEES TO the Committee on Appropriations of the ask unanimous consent that the reso- MEET House of Representatives and he later be- lution be agreed to, the preamble be came Ranking Member of the Subcommit- COMMITTEE ON HOMELAND SECURITY AND agreed to, and the motions to recon- tees on Transportation and Homeland Secu- GOVERNMENTAL AFFAIRS sider be considered made and laid upon rity of the Committee on Appropriations of Mr. ALEXANDER. Mr. President, I the table with no intervening action or the House of Representatives; ask unanimous consent that the Com- Whereas Martin Olav Sabo— debate. (1) championed investments in roads and mittee on Homeland Security and Gov- The PRESIDING OFFICER. Without bridges, transit systems, aviation infrastruc- ernmental Affairs be authorized to objection, it is so ordered. ture, railways, nonmotorized corridors, and meet during the session of the Senate The resolution (S. Res. 412) was other transportation projects, including the on April 4, 2016, at 5:30 p.m. agreed to. first light rail transit line in Minnesota The PRESIDING OFFICER. Without The preamble was agreed to. (commonly known as the ‘‘Blue Line’’), the objection, it is so ordered. (The resolution, with its preamble, is Hennepin Avenue bridge, and the Midtown f printed in today’s RECORD under ‘‘Sub- Greenway; and mitted Resolutions.’’) (2) provided critical funding— PRIVILEGES OF THE FLOOR f (A) to foster economic development ini- Mr. COONS. Mr. President, I ask tiatives; unanimous consent that Daniel ORDERS FOR TUESDAY, APRIL 5, (B) to expand housing opportunities for 2016 low- and moderate-income families; Pedraza, a legal fellow in my office, be (C) to protect the environment; granted floor privileges for the remain- Mr. MCCONNELL. Mr. President, I (D) to support law enforcement; der of the day. ask unanimous consent that when the

VerDate Sep 11 2014 01:31 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\A04AP6.021 S04APPT1 smartinez on DSK6SPTVN1PROD with SENATE S1644 CONGRESSIONAL RECORD — SENATE April 4, 2016 Senate completes its business today, it IN THE ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- adjourn until 10 a.m., Tuesday, April 5; THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATED UNDER TITLE 10, U.S.C., SECTION 624: that following the prayer and pledge, IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be brigadier general the morning hour be deemed expired, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COL. KENNETH P. EKMAN the Journal of proceedings be approved To be general to date, and the time for the two lead- GEN. VINCENT K. BROOKS IN THE NAVY ers be reserved for their use later in IN THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the day; further, that following leader IN THE UNITED STATES NAVY RESERVE TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: remarks, the Senate resume consider- AS CHIEF OF THE NATIONAL GUARD BUREAU AND FOR ation of the motion to proceed to H.R. APPOINTMENT TO THE GRADE INDICATED IN THE RE- To be rear admiral (lower half) SERVE OF THE AIR FORCE UNDER TITLE 10, U.S.C., SEC- 636; finally, that the Senate recess TIONS 601 AND 10502: CAPT. RONALD R. FRITZEMEIER from 12:30 p.m. to 2:15 p.m. to allow for To be general the weekly conference meetings. IN THE COAST GUARD LT. GEN. JOSEPH L. LENGYEL The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS VICE COMMANDANT OF THE UNITED STATES COAST objection, it is so ordered. AS CHIEF OF THE AIR FORCE RESERVE AND APPOINT- GUARD AND TO THE GRADE INDICATED UNDER TITLE 14, MENT TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S.C., SECTION 47: f RESERVE OF THE AIR FORCE WHILE ASSIGNED TO A PO- SITION OF IMPORTANCE AND RESPONSIBILITY UNDER ADJOURNMENT UNTIL 10 A.M. TITLE 10, U.S.C., SECTIONS 601 AND 8038: To be admiral TOMORROW To be lieutenant general VICE ADM. CHARLES D. MICHEL Mr. MCCONNELL. Mr. President, if MAJ. GEN. MARYANNE MILLER there is no further business to come be- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f fore the Senate, I ask unanimous con- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE sent that it stand adjourned under the AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WITHDRAWAL previous order. 601: There being no objection, the Senate, To be lieutenant general Executive Message transmitted by at 6:12 p.m., adjourned until Tuesday, LT. GEN. BRADLEY A. HEITHOLD the President to the Senate on April 4, April 5, 2016, at 10 a.m. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 2016 withdrawing from further Senate STATES OFFICER FOR APPOINTMENT AS DIRECTOR, AIR f NATIONAL GUARD, AND FOR APPOINTMENT TO THE consideration the following nomina- GRADE INDICATED IN THE RESERVE OF THE AIR FORCE NOMINATIONS UNDER TITLE 10, U. S.C., SECTIONS 601 AND 10506: tion: To be lieutenant general NAVY NOMINATION OF REAR ADM. ELIZABETH L. Executive nominations received by TRAIN, TO BE VICE ADMIRAL, WHICH WAS SENT TO THE the Senate: MAJ. GEN. LEON S. RICE SENATE ON SEPTEMBER 15, 2015.

VerDate Sep 11 2014 03:42 Jul 22, 2016 Jkt 049060 PO 00000 Frm 00024 Fmt 4637 Sfmt 9801 E:\RECORD16\APR2016\S04AP6.REC S04AP6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 4, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E381 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS tion for fiscal year 2017 for the national 10 a.m. intelligence and military intelligence Committee on Appropriations Title IV of Senate Resolution 4, programs. Subcommittee on Departments of Labor, agreed to by the Senate of February 4, SVC–217 Health and Human Services, and Edu- 1977, calls for establishment of a sys- Committee on the Budget cation, and Related Agencies tem for a computerized schedule of all To hold hearings to examine the To hold hearings to examine proposed meetings and hearings of Senate com- unreliability of Federal financial data. budget estimates and justification for mittees, subcommittees, joint commit- SD–608 fiscal year 2017 for the National Insti- tees, and committees of conference. 2 p.m. tutes of Health. This title requires all such committees Committee on Armed Services SD–138 to notify the Office of the Senate Daily Subcommittee on SeaPower Committee on Banking, Housing, and Digest—designated by the Rules Com- To hold hearings to examine Navy ship- Urban Affairs building programs in review of the De- Business meeting to consider the nomi- mittee—of the time, place and purpose fense Authorization Request for fiscal of the meetings, when scheduled and nations of Jay Neal Lerner, of Illinois, year 2017 and the Future Years Defense to be Inspector General, Federal De- any cancellations or changes in the Program. posit Insurance Corporation, Amias meetings as they occur. SR–222 Moore Gerety, of Connecticut, to be an As an additional procedure along Committee on Small Business and Entre- Assistant Secretary, and Matthew with the computerization of this infor- preneurship Rhett Jeppson, of Florida, to be Direc- mation, the Office of the Senate Daily To hold hearings to examine Federal dis- tor of the Mint, both of the Depart- Digest will prepare this information for aster response and Small Business Ad- ment of the Treasury, and Lisa M. printing in the Extensions of Remarks ministration implementation of the Fairfax, of Maryland, and Hester Maria RISE Act. section of the CONGRESSIONAL RECORD Peirce, of Ohio, both to be a Member of SR–428A on Monday and Wednesday of each the Securities and Exchange Commis- 2:15 p.m. week. sion; to be immediately followed by a Committee on Foreign Relations hearing to examine the Consumer Fi- Meetings scheduled for Tuesday, To hold hearings to examine the stra- April 5, 2016 may be found in the Daily nancial Protection Bureau’s Semi-An- tegic implications of the United States nual Report to Congress. Digest of today’s RECORD. debt. SD–538 SD–419 Committee on Energy and Natural Re- MEETINGS SCHEDULED Committee on Indian Affairs sources To hold hearings to examine S. 2304, to To hold an oversight hearing to examine APRIL 6 provide for tribal demonstration 10 a.m. the United States Geological Survey. projects for the integration of early SD–366 Committee on Appropriations childhood development, education, in- Subcommittee on Department of the Inte- Committee on Environment and Public cluding Native language and culture, Works rior, Environment, and Related Agen- and related services, for evaluation of To hold hearings to examine the Federal cies those demonstration projects, S. 2468, role in keeping water and wastewater To hold hearings to examine proposed to require the Secretary of the Interior infrastructure affordable. budget estimates and justification for to carry out a 5-year demonstration SD–406 fiscal year 2017 for the Forest Service. program to provide grants to eligible Committee on Foreign Relations SD–124 Indian tribes for the construction of Committee on Commerce, Science, and tribal schools, S. 2580, to establish the Subcommittee on Africa and Global Health Transportation Indian Education Agency to streamline Policy To hold hearings to examine transpor- the administration of Indian education, To hold hearings to examine a progress tation security, focusing on protecting and S. 2711, to expand opportunity for report on the West Africa Ebola epi- passengers and freight. Native American children through ad- demic. SR–253 ditional options in education. SD–419 Committee on Environment and Public SD–628 Committee on the Judiciary Works 2:30 p.m. Business meeting to consider S. 247, to To hold an oversight hearing to examine Committee on Appropriations amend section 349 of the Immigration the President’s proposed budget re- Subcommittee on Department of Home- and Nationality Act to deem specified quest for fiscal year 2017 for the Nu- land Security activities in support of terrorism as re- clear Regulatory Commission. To hold hearings to examine research nunciation of United States nation- SD–406 and development efforts at the Depart- ality, S. 2390, to provide adequate pro- Committee on Health, Education, Labor, ment of Homeland Security. tections for whistleblowers at the Fed- and Pensions SD–138 eral Bureau of Investigation, S. 2613, to Business meeting to consider S. 2700, to Committee on Armed Services reauthorize certain programs estab- update the authorizing provisions re- To receive a closed briefing on the report lished by the Adam Walsh Child Pro- lating to the workforces of the Na- of the Military Justice Review Group. tection and Safety Act of 2006, S. 2614, tional Institutes of Health and the SR–232A Food and Drug Administration, S. 185, to amend the Violent Crime Control to create a limited population pathway Special Committee on Aging and Law Enforcement Act of 1994, to for approval of certain antibacterial To hold hearings to examine finding a reauthorize the Missing Alzheimer’s drugs, S. 2713, to provide for the imple- cure, focusing on assessing progress to- Disease Patient Alert Program, and to mentation of a Precision Medicine Ini- ward the goal of ending Alzheimer’s by promote initiatives that will reduce tiative, an original bill entitled, ‘‘NIH 2025. the risk of injury and death relating to Strategic Plan and Inclusion in Clin- SD–106 the wandering characteristics of some ical Research’’, and an original bill en- children with autism, and the nomina- titled, ‘‘Promoting Biomedical Re- APRIL 7 tions of Elizabeth J. Drake, of Mary- search and Public Health for Patients 9:30 a.m. land, Jennifer Choe Groves, of Virginia, Act’’. Committee on Armed Services and Gary Stephen Katzmann, of Massa- SH–216 To hold hearings to examine the Depart- chusetts, each to be a Judge of the 10:30 a.m. ment of the Army in review of the De- United States Court of International Committee on Appropriations fense Authorization Request for fiscal Trade, and Clare E. Connors, to be Subcommittee on Department of Defense year 2017 and the Future Years Defense United States District Judge for the To hold closed hearings to examine pro- Program. District of Hawaii. posed budget estimates and justifica- SD–G50 SD–226

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

VerDate Sep 11 2014 23:33 Apr 04, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M04AP8.000 E04APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E382 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 2016 10:30 a.m. 2 p.m. Committee on Energy and Natural Re- Committee on Appropriations Committee on Armed Services sources Subcommittee on Military Construction Subcommittee on SeaPower To hold an oversight hearing to examine and Veterans Affairs, and Related To hold hearings to examine Marine options for addressing the continuing Agencies Corps ground modernization in review lack of reliable emergency medical To hold hearings to examine proposed of the Defense Authorization Request transportation for the isolated commu- budget estimates and justification for for fiscal year 2017 and the Future nity of King Cove, Alaska. fiscal year 2017 for Department of De- Years Defense Program. SD–366 fense military construction and family SR–232A 2:30 p.m. housing. 2:15 p.m. Committee on Energy and Natural Re- SD–124 Committee on Indian Affairs sources 2 p.m. To hold hearings to examine S. 2205, to Subcommittee on Public Lands, Forests, Select Committee on Intelligence and Mining To hold closed hearings to examine cer- establish a grant program to assist tribal governments in establishing To hold an oversight hearing to examine tain intelligence matters. the Bureau of Land Management’s pro- SH–219 tribal healing to wellness courts, S. 2421, to provide for the conveyance of posed rule, entitled ‘‘Waste Prevention, Production Subject to Royalties, and certain property to the Tanana Tribal APRIL 12 Resources Conservation,’’ published in Council located in Tanana, Alaska, and 10 a.m. the Federal Register on February 8, 2016. to the Bristol Bay Area Health Cor- Committee on Energy and Natural Re- SD–366 sources poration located in Dillingham, Alas- To hold hearings to examine the status ka, S. 2564, to modernize prior legisla- APRIL 19 of innovative technologies in advanced tion relating to Dine College, S. 2643, to improve the implementation of the 10 a.m. manufacturing. Committee on Energy and Natural Re- SD–366 settlement agreement reached between sources 2:30 p.m. the Pueblo de Cochiti of New Mexico To hold hearings to examine challenges Committee on Armed Services and the Corps of Engineers, and S. 2717, and opportunities for oil and gas devel- Subcommittee on Emerging Threats and to improve the safety and address the opment in different price environ- Capabilities deferred maintenance needs of Indian ments. To hold hearings to examine the strategy dams to prevent flooding on Indian res- SD–366 and implementation of the Department ervations. of Defense’s technology offsets initia- SD–628 APRIL 20 tive in review of the Defense Author- 2:30 p.m. 2 p.m. ization Request for fiscal year 2017 and Committee on Armed Services Committee on Armed Services the Future Years Defense Program. Subcommittee on Strategic Forces SR–222 Subcommittee on SeaPower To hold hearings to examine ballistic Committee on Environment and Public To hold hearings to examine Navy and missile defense policies and programs Works Marine Corps aviation programs in re- in review of the Defense Authorization Subcommittee on Superfund, Waste Man- view of the Defense Authorization Re- Request for fiscal year 2017 and the Fu- agement, and Regulatory Oversight quest for fiscal year 2017 and the Fu- To hold hearings to examine American ture Years Defense Program. ture Years Defense Program. small businesses perspectives on Envi- SR–222 SR–232A ronmental Protection Agency regu- latory actions. APRIL 14 APRIL 27 SD–406 10 a.m. 2:15 p.m. Committee on Banking, Housing, and Committee on Indian Affairs APRIL 13 Urban Affairs To hold an oversight hearing to examine 9:30 a.m. Subcommittee on Economic Policy the Government Accountability Office Committee on Environment and Public Subcommittee on Securities, Insurance, report on ‘‘Telecommunications: Addi- Works and Investment tional Coordination and Performance To hold hearings to examine the role of To hold joint hearings to examine cur- Measurement Needed for High-Speed environmental policies on access to en- rent trends and changes in the fixed-in- Internet Access Programs on Tribal ergy and economic opportunity. come markets. Lands.’’ SD–406 SD–538 SD–628

VerDate Sep 11 2014 23:33 Apr 04, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\M04AP8.000 E04APPT1 SSpencer on DSK4SPTVN1PROD with REMARKS Monday, April 4, 2016 Daily Digest

HIGHLIGHTS Senate passed S. 1890, Defend Trade Secrets Act, as amended. Senate S. 2014, to demonstrate a commitment to our Chamber Action Nation’s scientists by increasing opportunities for Routine Proceedings, pages S1621–S1644 the development of our next generation of research- Measures Introduced: Three bills and three resolu- ers, with an amendment in the nature of a sub- tions were introduced, as follows: S. 2740–2742, and stitute. S. 2687, to amend the Child Abuse Prevention S. Res. 410–412. Page S1639 and Treatment Act to improve plans of safe care for Measures Reported: infants affected by illegal substance abuse or with- Reported on Monday, March 28, during the ad- drawal symptoms, or a Fetal Alcohol Spectrum Dis- journment: order, with an amendment in the nature of a sub- S. 806, to amend section 31306 of title 49, stitute. Page S1639 United States Code, to recognize hair as an alter- Measures Passed: native specimen for preemployment and random con- trolled substances testing of commercial motor vehi- Defend Trade Secrets Act: By a unanimous vote cle drivers and for other purposes, with an amend- of 87 yeas (Vote No. 39), Senate passed S. 1890, to ment in the nature of a substitute. (S. Rept. No. amend chapter 90 of title 18, United States Code, 114–232) to provide Federal jurisdiction for the theft of trade secrets, after agreeing to the committee amendment S. 1335, to implement the Convention on the in the nature of a substitute. Pages S1631–36 Conservation and Management of the High Seas Fisheries Resources in the North Pacific Ocean, as National Science and Technology Week: Senate adopted at Tokyo on February 24, 2012. (S. Rept. agreed to S. Res. 411, expressing support for the No. 114–233) goals and ideals of the biennial USA Science & Engi- Reported on Monday, April 4: neering Festival in Washington, DC, and desig- S. 1873, to strengthen accountability for deploy- nating April 11 through April 17, 2016, as ‘‘Na- ment of border security technology at the Depart- tional Science and Technology Week’’. Page S1643 ment of Homeland Security, with an amendment in Honoring the life and legacy of the Honorable the nature of a substitute. (S. Rept. No. 114–234) Martin Olav Sabo: Senate agreed to S. Res. 412, S. 800, to improve, coordinate, and enhance reha- honoring the life and legacy of the Honorable Mar- bilitation research at the National Institutes of tin Olav Sabo as an outstanding public servant dedi- Health, with an amendment in the nature of a sub- cated to the State of Minnesota and the United stitute. States. Page S1643 S. 849, to amend the Public Health Service Act Measures Considered: to provide for systematic data collection and analysis America’s Small Business Tax Relief Act— and epidemiological research regarding Multiple Agreement: Senate began consideration of the mo- Sclerosis (MS), Parkinson’s disease, and other neuro- tion to proceed to consideration of H.R. 636, to logical diseases, with an amendment in the nature of amend the Internal Revenue Code of 1986 to perma- a substitute. nently extend increased expensing limitations. S. 1101, to amend the Federal Food, Drug, and Pages S1622–23, S1636 Cosmetic Act to provide for the regulation of patient A motion was entered to close further debate on records and certain decision support software, with the motion to proceed to consideration of the bill, an amendment in the nature of a substitute. and, in accordance with the provisions of rule XXII D321

VerDate Sep 11 2014 02:10 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP6.REC D04APPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D322 CONGRESSIONAL RECORD — DAILY DIGEST April 4, 2016

of the Standing Rules of the Senate, a vote on clo- Enrolled Bills Presented: Page S1639 ture will occur on Wednesday, April 6, 2016. Additional Cosponsors: Pages S1639–42 Page S1636 A unanimous-consent agreement was reached pro- Statements on Introduced Bills/Resolutions: viding for further consideration of the motion to Pages S1642–43 proceed to consideration of the bill at approximately Authorities for Committees to Meet: Page S1643 10 a.m., on Tuesday, April 5, 2016. Pages S1643–44 Privileges of the Floor: Page S1643 Nominations Received: Senate received the fol- Record Votes: One record vote was taken today. lowing nominations: (Total—39) Pages S1635–36 5 Air Force nominations in the rank of general. 1 Army nomination in the rank of general. Adjournment: Senate convened at 3:00 p.m. and 1 Coast Guard nomination in the rank of admiral. adjourned at 6:12 p.m., until 10 a.m. on Tuesday, 1 Navy nomination in the rank of admiral. April 5, 2016. (For Senate’s program, see the re- Page S1644 marks of the Majority Leader in today’s Record on page S1644.) Nomination Withdrawn: Senate received notifica- tion of withdrawal of the following nomination: 1 Navy nomination in the rank of admiral. Committee Meetings Page S1644 (Committees not listed did not meet) Messages from the House: Page S1638 Measures Referred: Pages S1638–39 No committee meetings were held. h House of Representatives S. 1580, to allow additional appointing authorities Chamber Action to select individuals from competitive service certifi- The House was not in session today. The House cates. Signed on March 18, 2016. (Public Law is scheduled to meet in Pro Forma session at 3:30 p.m. on Monday, April 11, 2016, pursuant to the 114–137) provisions of S. Con. Res. 34. S. 1826, to designate the facility of the United States Postal Service located at 99 West 2nd Street in Fond du Lac, Wisconsin, as the Lieutenant Colo- Committee Meetings nel James ‘‘Maggie’’ Megellas Post Office. Signed on No hearings were held. March 18, 2016. (Public Law 114–138) S. 2426, to direct the Secretary of State to develop Joint Meetings a strategy to obtain observer status for Taiwan in the No joint committee meetings were held. International Criminal Police Organization. Signed f on March 18, 2016. (Public Law 114–139) H.R. 1831, to establish the Commission on Evi- NEW PUBLIC LAWS dence-Based Policymaking. Signed on March 30, (For last listing of Public Laws, see DAILY DIGEST, p. D241) 2016. (Public Law 114–140) H.R. 1755, to amend title 36, United States H.R. 4721, to amend title 49, United States Code, to make certain improvements in the congres- Code, to extend authorizations for the airport im- sional charter of the Disabled American Veterans. provement program, to amend the Internal Revenue Signed on March 18, 2016. (Public Law 114–135) Code of 1986 to extend the funding and expenditure S. 1172, to improve the process of presidential authority of the Airport and Airway Trust Fund. transition. Signed on March 18, 2016. (Public Law Signed on March 30, 2016. (Public Law 114–141) 114–136)

VerDate Sep 11 2014 00:06 Apr 06, 2016 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD16\D04AP6.REC D04AP6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 4, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D323 COMMITTEE MEETINGS FOR TUESDAY, House APRIL 5, 2016 No hearings are scheduled. (Committee meetings are open unless otherwise indicated) f Senate CONGRESSIONAL PROGRAM AHEAD Committee on Appropriations: Subcommittee on Financial Week of April 5 through April 8, 2016 Services and General Government, to hold hearings to ex- amine proposed budget estimates and justification for fis- cal year 2017 for the Federal Communications Commis- Senate Chamber sion, 10:30 a.m., SD–138. On Tuesday, at approximately 10 a.m., Senate will Subcommittee on Agriculture, Rural Development, continue consideration of the motion to proceed to Food and Drug Administration, and Related Agencies, to consideration of H.R. 636, America’s Small Business hold hearings to examine opportunities and benefits for Tax Relief Act. military veterans in agriculture, 2:30 p.m., SD–192. During the balance of the week, Senate may con- Committee on Armed Services: to hold hearings to examine sider any cleared legislative and executive business. United States Cyber Command in review of the Defense Authorization Request for fiscal year 2017 and the Future Senate Committees Years Defense Program; with the possibility of a closed session in SVC–217, following the open session, 9:30 (Committee meetings are open unless otherwise indicated) a.m., SH–216. Committee on Appropriations: April 5, Subcommittee on Subcommittee on Airland, to hold hearings to examine Financial Services and General Government, to hold hear- army modernization in review of the Defense Authoriza- ings to examine proposed budget estimates and justifica- tion Request for fiscal year 2017 and the Future Years tion for fiscal year 2017 for the Federal Communications Defense Program, 2:30 p.m., SR–232A. Commission, 10:30 a.m., SD–138. Subcommittee on Readiness and Management Support, April 5, Subcommittee on Agriculture, Rural Develop- to hold hearings to examine state and public shipyards to ment, Food and Drug Administration, and Related Agen- meet current mission needs and investment strategies to cies, to hold hearings to examine opportunities and bene- support future national security requirements in review of fits for military veterans in agriculture, 2:30 p.m., the Defense Authorization Request for fiscal year 2017 SD–192. and the Future Years Defense Program, 2:30 p.m., April 6, Subcommittee on Department of the Interior, SR–222. Environment, and Related Agencies, to hold hearings to Committee on Banking, Housing, and Urban Affairs: to examine proposed budget estimates and justification for hold hearings to examine the effects of consumer finance fiscal year 2017 for the Forest Service, 10 a.m., SD–124. regulations, 10 a.m., SD–538. April 6, Subcommittee on Department of Defense, to Committee on Energy and Natural Resources: to hold an hold closed hearings to examine proposed budget esti- oversight hearing to examine issues facing U.S.-affiliated mates and justification for fiscal year 2017 for the na- islands and S. 2360, to improve the administration of cer- tional intelligence and military intelligence programs, tain programs in the insular areas, S. 2360, to improve 10:30 a.m., SVC–217. the administration of certain programs in the insular April 6, Subcommittee on Department of Homeland areas, S. 2610, to approve an agreement between the Security, to hold hearings to examine research and devel- United States and the Republic of Palau, 10 a.m., opment efforts at the Department of Homeland Security, SD–366. 2:30 p.m., SD–138. Committee on Foreign Relations: to hold hearings to exam- April 7, Subcommittee on Departments of Labor, ine recent Iranian actions and implementation of the nu- Health and Human Services, and Education, and Related clear deal, 10 a.m., SD–419. Agencies, to hold hearings to examine proposed budget Committee on Homeland Security and Governmental Affairs: estimates and justification for fiscal year 2017 for the Na- to hold hearings to examine terror in Europe, focusing on tional Institutes of Health, 10 a.m., SD–138. safeguarding U.S. citizens at home and abroad, 10 a.m., April 7, Subcommittee on Military Construction and SD–342. Veterans Affairs, and Related Agencies, to hold hearings Committee on the Judiciary: Subcommittee on Antitrust, to examine proposed budget estimates and justification Competition Policy and Consumer Rights, to hold hear- for fiscal year 2017 for Department of Defense military ings to examine Section 5, focusing on methods of com- construction and family housing, 10:30 a.m., SD–124. petition, 2:15 p.m., SD–226. Committee on Armed Services: April 5, to hold hearings Select Committee on Intelligence: to hold closed hearings to to examine United States Cyber Command in review of examine certain intelligence matters, 2:30 p.m., SH–219. the Defense Authorization Request for fiscal year 2017 United States Senate Caucus on International Narcotics Con- and the Future Years Defense Program; with the possi- trol: to hold hearings to examine if the Department of bility of a closed session in SVC–217, following the open Justice is adequately protecting the public from the im- session, 9:30 a.m., SH–216. pact of state recreational marijuana legalization, 10 a.m., April 5, Subcommittee on Airland, to hold hearings to SD–226. examine army modernization in review of the Defense

VerDate Sep 11 2014 02:10 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP6.REC D04APPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D324 CONGRESSIONAL RECORD — DAILY DIGEST April 4, 2016

Authorization Request for fiscal year 2017 and the Future Committee on Foreign Relations: April 5, to hold hearings Years Defense Program, 2:30 p.m., SR–232A. to examine recent Iranian actions and implementation of April 5, Subcommittee on Readiness and Management the nuclear deal, 10 a.m., SD–419. Support, to hold hearings to examine state and public April 6, Full Committee, to hold hearings to examine shipyards to meet current mission needs and investment the strategic implications of the United States debt, 2:15 strategies to support future national security requirements p.m., SD–419. in review of the Defense Authorization Request for fiscal April 7, Subcommittee on Africa and Global Health year 2017 and the Future Years Defense Program, 2:30 Policy, to hold hearings to examine a progress report on p.m., SR–222. the West Africa Ebola epidemic, 10 a.m., SD–419. April 6, Subcommittee on SeaPower, to hold hearings Committee on Health, Education, Labor, and Pensions: April to examine Navy shipbuilding programs in review of the 6, business meeting to consider S. 2700, to update the Defense Authorization Request for fiscal year 2017 and authorizing provisions relating to the workforces of the the Future Years Defense Program, 2 p.m., SR–222. National Institutes of Health and the Food and Drug Ad- April 6, Full Committee, to receive a closed briefing ministration, S. 185, to create a limited population path- on the report of the Military Justice Review Group, 2:30 way for approval of certain antibacterial drugs, S. 2713, p.m., SR–232A. to provide for the implementation of a Precision Medicine April 7, Full Committee, to hold hearings to examine Initiative, an original bill entitled, ‘‘NIH Strategic Plan the Department of the Army in review of the Defense and Inclusion in Clinical Research’’, and an original bill Authorization Request for fiscal year 2017 and the Future entitled, ‘‘Promoting Biomedical Research and Public Years Defense Program, 9:30 a.m., SD–G50. Health for Patients Act’’, 10 a.m., SH–216. Committee on Banking, Housing, and Urban Affairs: April Committee on Homeland Security and Governmental Affairs: 5, to hold hearings to examine the effects of consumer fi- April 5, to hold hearings to examine terror in Europe, fo- nance regulations, 10 a.m., SD–538. cusing on safeguarding U.S. citizens at home and abroad, April 7, Full Committee, business meeting to consider 10 a.m., SD–342. the nominations of Jay Neal Lerner, of Illinois, to be In- Committee on Indian Affairs: April 6, to hold hearings spector General, Federal Deposit Insurance Corporation, to examine S. 2304, to provide for tribal demonstration Amias Moore Gerety, of Connecticut, to be an Assistant projects for the integration of early childhood develop- Secretary, and Matthew Rhett Jeppson, of Florida, to be ment, education, including Native language and culture, Director of the Mint, both of the Department of the and related services, for evaluation of those demonstration Treasury, and Lisa M. Fairfax, of Maryland, and Hester projects, S. 2468, to require the Secretary of the Interior Maria Peirce, of Ohio, both to be a Member of the Secu- to carry out a 5-year demonstration program to provide rities and Exchange Commission; to be immediately fol- grants to eligible Indian tribes for the construction of lowed by a hearing to examine the Consumer Financial tribal schools, S. 2580, to establish the Indian Education Protection Bureau’s Semi-Annual Report to Congress, 10 Agency to streamline the administration of Indian edu- a.m., SD–538. cation, and S. 2711, to expand opportunity for Native Committee on the Budget: April 6, to hold hearings to ex- American children through additional options in edu- amine the unreliability of Federal financial data, 10:30 cation, 2:15 p.m., SD–628. a.m., SD–608. Committee on Judiciary: April 5, Subcommittee on Anti- Committee on Commerce, Science, and Transportation: April trust, Competition Policy and Consumer Rights, to hold 6, to hold hearings to examine transportation security, fo- hearings to examine Section 5, focusing on methods of cusing on protecting passengers and freight, 10 a.m., competition, 2:15 p.m., SD–226. SR–253. April 7, Full Committee, business meeting to consider Committee on Energy and Natural Resources: April 5, to S. 247, to amend section 349 of the Immigration and hold an oversight hearing to examine issues facing U.S.- Nationality Act to deem specified activities in support of affiliated islands and S. 2360, to improve the administra- terrorism as renunciation of United States nationality, S. tion of certain programs in the insular areas, S. 2360, to 2390, to provide adequate protections for whistleblowers improve the administration of certain programs in the in- at the Federal Bureau of Investigation, S. 2613, to reau- sular areas, S. 2610, to approve an agreement between the thorize certain programs established by the Adam Walsh United States and the Republic of Palau, 10 a.m., Child Protection and Safety Act of 2006, S. 2614, to SD–366. amend the Violent Crime Control and Law Enforcement April 7, Full Committee, to hold an oversight hearing Act of 1994, to reauthorize the Missing Alzheimer’s Dis- to examine the United States Geological Survey, 10 a.m., ease Patient Alert Program, and to promote initiatives SD–366. that will reduce the risk of injury and death relating to Committee on Environment and Public Works: April 6, to the wandering characteristics of some children with au- hold an oversight hearing to examine the President’s pro- tism, and the nominations of Elizabeth J. Drake, of posed budget request for fiscal year 2017 for the Nuclear Maryland, Jennifer Choe Groves, of Virginia, and Gary Regulatory Commission, 10 a.m., SD–406. Stephen Katzmann, of Massachusetts, each to be a Judge April 7, Full Committee, to hold hearings to examine of the United States Court of International Trade, and the Federal role in keeping water and wastewater infra- Clare E. Connors, to be United States District Judge for structure affordable, 10 a.m., SD–406. the District of Hawaii, 10 a.m., SD–226.

VerDate Sep 11 2014 02:10 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP6.REC D04APPT1 SSpencer on DSK4SPTVN1PROD with DIGEST April 4, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D325

Committee on Small Business and Entrepreneurship: April 6, ward the goal of ending Alzheimer’s by 2025, 2:30 p.m., to hold hearings to examine Federal disaster response and SD–106. Small Business Administration implementation of the United States Senate Caucus on International Narcotics Con- RISE Act, 2 p.m., SR–428A. trol: April 5, to hold hearings to examine if the Depart- Select Committee on Intelligence: April 5, to hold closed ment of Justice is adequately protecting the public from hearings to examine certain intelligence matters, 2:30 the impact of state recreational marijuana legalization, 10 p.m., SH–219. a.m., SD–226. April 7, Full Committee, to hold closed hearings to ex- amine certain intelligence matters, 2 p.m., SH–219. House Committees Special Committee on Aging: April 6, to hold hearings to examine finding a cure, focusing on assessing progress to- No hearings are scheduled.

VerDate Sep 11 2014 02:10 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP6.REC D04APPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D326 CONGRESSIONAL RECORD — DAILY DIGEST April 4, 2016

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, April 5 3:30 p.m., Monday, April 11

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Monday: The House is scheduled to meet ation of the motion to proceed to consideration of H.R. in Pro Forma session at 3:30 p.m. on Monday, April 11, 636, America’s Small Business Tax Relief Act. 2016, pursuant to the provisions of S. Con. Res. 34. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Publishing Office, at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Publishing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Sep 11 2014 02:10 Apr 05, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0664 Sfmt 0664 E:\CR\FM\D04AP6.REC D04APPT1 SSpencer on DSK4SPTVN1PROD with DIGEST