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

Vol. 161 WASHINGTON, FRIDAY, DECEMBER 18, 2015 No. 185 Senate The Senate met at 9:30 a.m. and was that Your sovereignty is far above any PLEDGE OF ALLEGIANCE called to order by the President pro conceivable command, authority, or The President pro tempore led the tempore (Mr. HATCH). control. May this knowledge of Your Pledge of Allegiance, as follows: f unstoppable providence motivate them I pledge allegiance to the Flag of the PRAYER to contribute to peace in our time. United States of America, and to the Repub- Bless the members of our military lic for which it stands, one nation under God, The Chaplain, Dr. Barry C. Black, of- indivisible, with liberty and justice for all. fered the following prayer: and their families, surrounding them Let us pray. all with the shield of Your Divine f Merciful God, enthroned far above all favor. Lord, bless also those who are ill powers, thank You for the gift of an- and in pain, poor and in need, worried other day. Help us to use this borrowed RECOGNITION OF THE MAJORITY and in distress, discouraged and in de- time wisely. Forgive us when we forget LEADER that You are still on Your throne and spair, tempted and in danger. The PRESIDING OFFICER (Mrs. that the hearts of humanity are in We pray in Your merciful Name. CAPITO). The majority leader is recog- Your hands. Remind our lawmakers Amen. nized.

NOTICE If the 114th Congress, 1st Session, adjourns sine die on or before December 24, 2015, a final issue of the Congres- sional Record for the 114th Congress, 1st Session, will be published on Thursday, December 31, 2015, to permit Members to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 30. The final issue will be dated Thursday, December 31, 2015, and will be delivered on Monday, January 4, 2016. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster.senate.gov/secretary/ Departments/ReporterslDebates/resources/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at https://housenet.house.gov/legislative/research-and-reference/transcripts-and-records/electronic-congressional-record-inserts. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Publishing Office, on 512– 0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. GREGG HARPER, Chairman.

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VerDate Sep 11 2014 02:25 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A18DE6.000 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8838 CONGRESSIONAL RECORD — SENATE December 18, 2015 INTERNATIONAL MEGAN’S LAW TO financing a bailout of ObamaCare It is now clear that it will take a new PREVENT DEMAND FOR CHILD means we are likely to speed up Amer- President—a new President—to achieve SEX TRAFFICKING ica’s day of liberation from ObamaCare those things for the American people. Mr. MCCONNELL. Madam President, as well. But we are proving that you can still So here is my view. This legislation I ask unanimous consent that notwith- get a lot done with a President from a helps our economy, helps our national standing passage of H.R. 515, the com- different party. We are proving you can security, and strikes more blows to a mittee-reported title amendment be actually enact significant, long-term partisan health law that hurts the mid- agreed to. reforms, achieve conservative policy dle class. I think it is legislation worth The PRESIDING OFFICER. Without goals, and get them signed into law. supporting. objection, it is so ordered. I am proud of what the new Senate The committee-reported title amend- f has accomplished. I wish to thank the ment was agreed to, as follows: SENATE ACCOMPLISHMENTS many friends across the aisle who joined us in passing so many bipartisan Amend the title so as to read: ‘‘An Act to Mr. MCCONNELL. Madam President, reforms for the American people. We protect children and others from sexual before I leave the floor, I would like to abuse and exploitation, including sex traf- are not only putting the Senate back say something about last year. The to work; we are putting it back on the ficking and sex tourism, by providing ad- American people voted for a new ma- vance notice of intended travel by registered side of the American people. jority last November. We were humbled sex offenders outside the United States to f the government of the country of destina- to have their support and take the Sen- tion, requesting foreign governments to no- ate in a new direction. The Senate has RECOGNITION OF THE MINORITY tify the United States when a known sex of- made great strides in the year since. I LEADER fender is seeking to enter the United States, think we have shown how the Senate The PRESIDING OFFICER. The and for other purposes.’’. can not only get back to work, but also Democratic leader is recognized. f return to a place of higher purpose. We have committees working again. f OMNIBUS LEGISLATION We opened up the legislative process. OMNIBUS LEGISLATION Mr. MCCONNELL. Madam President, We gave Senators from both parties Mr. REID. Madam President, the ac- we know our constituents are deeply more of a say. As a result, we have got- complishments of the first session of concerned about America’s struggling ten a lot done for the American people. this Senate has been a demonstration economy. So let’s take steps, as the There are numbers that help tell the of what can happen when the minority legislation we will consider proposes, story, such as the fact that this Senate is not trying to block everything. to support more jobs, more oppor- allowed 200 rollcall votes compared to There has been no need this last year tunity, and more economic growth. just 15 last year. But it is the sub- for scores and scores of cloture peti- stance of what we passed that truly Let’s enact permanent tax relief for tions being filed because we didn’t shows what a new and more open Sen- American families and small busi- block things; we rarely did that. In the ate can achieve for the American peo- nesses. Let’s set the table for pro- past, of course, it was done all the ple: replacing No Child Left Behind growth tax reform. Let’s permanently time. So we have demonstrated that it with the most significant K–12 edu- eliminate an energy policy from the is important to have a minority that is cation reform in more than a dozen 1970s that not only costs American jobs responsible. years; addressing crumbling roads and but also strengthens America’s adver- Of course, we know the issues that bridges with the first long-term Trans- saries like Iran and Russia. This will have passed this year are issues that portation bill in a decade; a balanced end the absurd position we are in now, we worked on for a number of years budget for the first time since 2001; where the Iranians, as a result of the and that had been blocked by Repub- help for our veterans; hope for the vic- President’s deal, can export oil and the licans. We are glad to have been part of tims of modern slavery; modernizing United States can’t. changes for our military and its acqui- this Congress and able to move forward Here is something else. We know our sition systems; and notable, bipartisan on a number of issues that have been constituents are deeply concerned reforms for programs like Medicare— languishing for a long time. about America’s national security. So reforms that set a precedent for further Of course, next year we need to do let’s take steps, as the legislation we positive action in the future. more for the middle class. There are will consider proposes, to strengthen We brought a permanent end to more lots of things that we haven’t been able our national security in a dangerous of Washington’s artificial cliffs and to do and should do—minimum wage, world. Let’s help ensure our military manufactured dramas by working to- making sure that my daughter and my has more of the funding it needs to ward real reform instead of just tem- granddaughter are paid the same as a train, equip, and confront the threats porary patches, and we will do that man who does the same work. that face us from literally every corner again today. We will enact permanent We also have to understand that the of the globe. Let’s bolster the FBI’s tax relief for families and small busi- lack of college affordability is crushing ability to confront terror within our nesses. We will bring an end to a job- our country. It is often said it is a larg- borders. Let’s bring badly needed re- destroying, 40-year ban on energy ex- er debt than credit cards, and we have form to the Visa Waiver Program. The ports. We will finally pass landmark to do something to relieve that pres- last provision is especially important. cyber security legislation after years of sure on the American people. Let’s prevent the transfer of dangerous Senate inaction. And just last night, It is often said that legislation is the terrorists from Guantanamo’s secure we passed the first significant environ- art of compromise, and I know that is detention center into America’s com- mental reform bill in decades, one that true. Crafting bipartisan legislation is munities. Let’s provide the people we will create more certainty for busi- hard, tedious work. It requires a com- represent with some long overdue pro- nesses and ensure uniform safety plex calibration of competing interests, tection from cyber attacks. Let’s honor standards for products our families use. needs, and realities. The legislation our veterans and enact critical reforms This is all very good news for the that will soon be before this body, the to help address the crises we have seen American people. Nearly all the poli- combined omnibus spending bill and at the VA. cies I mentioned were, or will be, tax extenders package, is a perfect ex- The legislation we will consider signed into law by the President. ample of a bipartisan compromise today would take steps to strengthen Others, while important, do not have wrought in good faith. our economy and strengthen our na- his support. That includes legislation It wasn’t easy. In fact, coming to an tional security. It would also bolster to rescue the middle class from the agreement on this package was a pains- the First Amendment. It would attack pain of ObamaCare, to support Key- taking endeavor by Senate and House key pillars of ObamaCare and prevent a stone’s energy jobs, and to protect leaders and by House and Senate Mem- taxpayer bailout of this partisan law. Kentucky’s small businesses and coal bers, but it was especially hard for our That last provision is especially impor- families from Washington’s regulatory staffs. I am so appreciative of their ex- tant. Protecting the middle class from assault. ceptionally good work. I know it meant

VerDate Sep 11 2014 02:25 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.001 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8839 long hours, late nights and weekends ronmental problems. This legislation is Caren Street spent weeks on the EB– spent here in the Capitol. Without one of the greatest investments in re- 5 visa issue. I found her to be someone their diligent efforts, we wouldn’t be newable energy in American history. It who is very intelligent and always here voting on this legislation today. is amazing what we have done in this available. I appreciate her good work On my leadership staff, no one legislation. The writing of this legisla- and her wonderful smile. worked harder than my chief of staff, tion was done by Alex. This work that Bruce King is stunningly smart. He is Drew Willison. He was my lead nego- has been done on this bill dealing with a Stanford person. He is my adviser, tiator, and he did an admirable job—a renewable energy—picture 65 coal-fired my confidant on issues relating to tremendous job. He worked very, very powerplants with an average megawatt budget and finance. He is formerly staff hard. I won’t go into all the hard work production, let’s say, of 800 megawatts. director of the Budget Committee. He that he did, but I remember one night Sixty-five coal-fired plants would be worked on all budget components of I was having trouble dozing off. I called gone, and they will be gone. That is this bill and there were lots of them. I him at midnight, and he responded on how much pollution from fossil fuel admire his soft speaking and his direct- the phone. For the next three hours I will be saved as a result of the work ness. I really like him as a person. still didn’t do too well sleeping, so I done here. If you don’t like that exam- Jason Unger is my legislative direc- called him at 3 a.m. He still responded. ple, try 50 million automobiles will be tor. I have such admiration for him. He He was here at the Capitol working— taken off the roads—not 5 million, 50 also is quiet and very effective. He is a working to make this agreement a re- million. person who believes in public service. ality. In all his years here, I have found Alex, I appreciate your good work This young man, who graduated with that Drew, a congressional fellow who very much. This legislation wouldn’t high honors from UCLA, decided he came in from the Environmental Pro- be what it is today without Alex. wanted to do something in public serv- tection Agency, was so good that I Gavin Parke, my senior policy ad- ice, so he taught for the Teach For wouldn’t let him leave, and he has been viser and counsel was here working America Program for 5 years in Comp- a Senate person since then. He was se- hard on banking and financial in this ton, CA. It is a very difficult job. He lected by me to be Assistant Sergeant legislation. He worked like everyone: taught little kids, and I bet he did a at Arms. In everything he has been long, hard hours on very complicated wonderful job, as he has done in the asked to do, he has done a remarkably banking issues, housing issues. I appre- Capitol working with me as my legisla- good job. So I wasn’t surprised at all ciate and admire his good work and his tive director. that he was able to do the work he did pleasant personality. He was assisted My staffers were not alone in their on these bills with tremendously dif- by Sammi Swing, who worked with efforts. They were helped tremendously ficult legislative issues that will be be- him on some housing issues that were by staff from other offices. The four fore this body shortly. extremely difficult in this bill. principal leadership negotiators were, I want to speak for just a minute My brilliant chief counsel, Ayesha as I mentioned, Drew Willison, my about Gary Myrick, Secretary for the Khanna, oversaw cyber security, sur- chief of staff; Hazen Marshall from minority. He has been my floor general veillance, and all kinds of things when Senator MCCONNELL’s staff; Dick and my chief of staff. I depend on his I needed a good legal mind to help me expertise on the issues now before us, Meltzer from Leader PELOSI’s staff; work my way through understanding Austin Smythe; and Cindy Herrle from which soon will be before us, and on ev- these issues. I appreciate her tireless Speaker RYAN’s office. They worked erything we do here in the Senate. He efforts. well together. I am sure once in a while is an expert on Senate rules, and I ap- My senior adviser, Tyler Moran, I they would raise their voices with one preciate very much his good work. don’t think there is anyone in Wash- Bill Dauster, my deputy chief of ington who understands immigration another, but it worked out real well. It staff—nobody on Capitol Hill better un- issues more than Tyler. She worked in was a good team, and we have the re- derstands policy or legislation than the White House. I was able to coax her sult to prove it. As I indicated, these were tough ne- Bill. Anytime legislative staff—not into coming from the White House to gotiations, but these five individuals just mine, but anyone’s staff in the work with us, and she has done an out- worked very hard. They made tough Senate—has an issue dealing with leg- standing job on everything dealing choices and brought them to their prin- islation, they know Bill will be avail- with immigration—whether it is the able. I admire him. He is a fine man. I DREAMers, whether it is litigation cipal and decisions were made. It was so appreciate the example he sets in that followed the President doing an amazingly cooperative. It was done in a being good to everybody. Executive order, helping the DREAM- collegial manner. I believe that all the Kate Leone is my senior health coun- ers’ parents, whatever it is, children leaders were exceptionally well rep- sel. To say she does an exceptional job coming across the border, all related resented by these men and women. I would be remiss not to mention is an understatement. Kate is probably issues, including refugees and visas. the world’s leading expert on Jessica Lewis is one of the most BARBARA MIKULSKI’s outstanding ap- ObamaCare, and she is an absolute ex- pleasant, nicest people I have ever propriations team. The entire staff de- pert on all health policy issues. She known. She is my national security ad- serves our thanks but especially Staff brought her expertise to this agree- visor. I so appreciate her demeanor, her Director Chuck Kieffer, who is an insti- ment in full force with the able assist- intellect, and her hard work. Late yes- tution of the U.S. Senate. He is a fine ance of McKenzie Bennett, who also terday, when we finished work here, we person, a hard worker, and no one un- works on health care issues for me. went to one of the secure rooms in the derstands the appropriations process Again, I appreciate very much her hard Capitol, and we spent time with her better than he does, and of course Dep- work. telling me what is going on around the uty Staff Director Jean Eisen, who has Ellen Doneski, my chief tax policy world. A lot of it is not very pleasant, been remarkably involved. adviser, deserves praise. Tax policy is but that is her job. I appreciate her This leaves me to say a word about difficult. I took a couple of courses in work on foreign policy and intelligence BARBARA MIKULSKI. When the history law school on tax policy. To be honest issues. She is assisted by my deputy books are written of what has taken with you, it didn’t interest me very national security advisor, Julie Klein, place in the U.S. Senate during the last much, but for my lack of interest, who is also a good person and knows 40 years, she will be a principal of that Ellen has been stupendous. Even while foreign policy. history. I had the good fortune of being not feeling well, she has worked her Sara Moffat worked on interior-re- able to come to the Senate with her. way through the last few weeks ex- lated issues and many other environ- We served on the same committees. We hausted, working with Democrats, Re- mental issues but especially wild have served on the Appropriations publican counterparts, and making in- horses, sage grouse, and many other Committee for sure and enjoyed our re- tricate tax decisions and putting intri- environmental issues that kept pop- lationship. There is no one I have cate tax provisions in the agreement ping up on this bill. served with in public office I have more that is before this body. George Holman helped me to fend off respect for than BARBARA MIKULSKI. I Alex McDonough, my senior policy attacks on campaign finance reform admire her. I admire how she has been adviser, handles my energy and envi- and other issues as they arose. so dynamic in the U.S. Senate. She is

VerDate Sep 11 2014 04:18 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.003 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8840 CONGRESSIONAL RECORD — SENATE December 18, 2015 one of the finest orators we have ever RESERVATION OF LEADER TIME allowed it to serve the Republic for so had in the Senate while I have been The PRESIDING OFFICER. Under well for so long were left, in my opin- here. She does it in a unique way, but the previous order, the leadership time ion, in severe disrepair. The then-ma- we all listen. is reserved. jority leadership curtailed debate on an BARBARA MIKULSKI, thank you very unprecedented scale, moving to cut off f much. debate before this body could even We also had to work hard with the MORNING BUSINESS begin considering legislation. The lead- Finance Committee. I extend my ap- The PRESIDING OFFICER. Under er also used the so-called nuclear op- preciation to our ranking member, RON the previous order, the Senate will be tion to permanently weaken the oppor- WYDEN. He and I have served together in a period of morning business, with tunity to debate nominations, includ- in Congress for a long time, more than Senators permitted to speak therein ing crucial lifetime nominations to the three decades, but not only do I appre- for up to 10 minutes each. Federal court. In all of last year, the ciate his work but also his staff direc- Mr. HATCH addressed the Chair. Senate voted on only 15 amendments, tor, Josh Sheinkman. I may not pro- The PRESIDING OFFICER. The Sen- with the majority leadership refusing nounce his name just right, but every- ator from Utah. to countenance any amendment it did body knows Josh. I want the Finance Mr. REID. Madam President, will my not support. The 113th Congress set a Committee and all of their staff to friend allow me to interrupt for just a record for bills that bypassed commit- know how much we appreciate this second? tees—this institution’s incubators of product that they were responsible for Mr. HATCH. I will be happy to yield. consensus. Instead of adhering to the piecing together. f committee process, the legislation was I already talked a day or so ago crafted in the back rooms of leadership COMMENDING SENATOR HATCH about Dennis McDonough, the Presi- offices and brought directly to the dent’s Chief of Staff. He is a remark- Mr. REID. Madam President, I had it floor. ably fine man. in my notes, but I didn’t do it. Thanks to this institutional degrada- Brian Deese, Senior Adviser to the I wish to express my appreciation for tion, the Senate became a wasteland of President, was one of the reasons we the majority staff on the Finance Com- partisan warfare. Much of the time got the great agreement we got out of mittee. The chairman of this powerful spent in session was wasted on voting Paris with those accords dealing with Finance Committee is ORRIN HATCH. on the previous majority’s messaging the environment. We have served together in the Senate bills. This legislation had no chance of Katie Beirne Fallon, President for these many years. There is not a passing the Senate and was designed Obama’s Legislative Affairs Director, I finer gentleman in the Senate than simply to buttress the majority’s elec- have already laid out on the record ORRIN HATCH. I apologize for reading tion-year arguments. The time that what a wonderful person she is. over my notes. I appreciate very much was not spent on this political games- Jason Furman, Chairman of the his friendship and his leadership. manship was otherwise wasted largely Council of Economic Advisers, I extend Mr. HATCH. I thank the leader, and I on rushing through President Obama’s my appreciation to him and his entire feel the same way toward him. He and nominees at a breakneck pace. family whom I know. I are dear friends, and we are going to Our new majority has thus faced the Marty Paone, I talked about him. continue to be dear friends, despite our daunting task of restoring the Senate We really care a great deal about differences. to its proper function so this body can them. f resume its rightful role as the source of There are many others who helped wise legislation. These efforts have PROPER OPERATION OF THE craft this compromise. produced some impressive statistics. SENATE From the Republican Leader’s office: This year, the Senate has held al- Brendan Dunn and Scott Rabb. Mr. HATCH. Madam President, I rise most 200 votes on amendments of indi- From Speaker RYAN’s office: George to discuss the state of the U.S. Senate. vidual Senators. That figure is nearly 9 Callas and Matt Hoffman. My 39 years of service in this body have times as many as last year. Earlier this From Leader PELOSI’s office: Kath- given me an increasingly unique van- year, the Senate brought up more erine Monge and Wendell Primus. tage point to reflect upon this institu- amendments in a single week than all From Senator CORNYN’s office: tion. Over the years, I have seen the of last year. Monica Popp. Senate both at its best—rising to meet Debate has also flourished. The Sen- From the Senate Finance Com- the lofty expectations of the Framers— ate spent over 25 percent more days in mittee: Ryan Abraham, Brett Baker, and, unfortunately, I have seen it at its session than last year. The majority Kim Brandt, Chris Campbell, Adam worst. leader has greatly curtailed the prac- Carrasco, Anne Dwyer, Karen Fisher, Last year I came to the floor repeat- tice of filing cloture as soon as debate Liz Jurinka, Matt Kazan, Jay Khosla, edly to speak out against what I begins, restricting it to rare occasions Jim Lyons, Juan Machado, Todd viewed as the abuse of the Senate by that involve time-sensitive measures Metcalf, Matt Prater, Josh Sheinkman, the previous majority, under which and, particularly, sensitive bipartisan Katie Simeon, Tiffany Smith, and Todd this great body fell into great dysfunc- legislation. Wooten. tion. In addition to identifying these Furthermore, our committees are all From the Senate HELP Committee: abuses, I did my best to lay out a vi- back to work. With only a few excep- Nick Bath and Andi Fristedt. sion for how the Senate ought to func- tions, the legislation passed by the From the Senate Banking Com- tion—how we could best live up to the Senate has been crafted by the com- mittee: Mark Powden. best traditions of our forebearers. mittee rather than by leadership. The From the Senate Committee on Envi- Over the past year, since my selec- close, collaborative environment that ronment and Natural Resources: An- tion as President pro tempore, I have the committees foster helps build bi- gela Becker-Dippmann and Sam endeavored to continue to offer what partisan consensus, even in these po- Fowler. lessons I have learned and what accu- larizing times. In fact, many of our From Senator SCHUMER’s office: mulated knowledge I have acquired committees posted impressive statis- Meghan Taira. over my nearly four decades here to tics of bipartisan legislating. The Fi- From Senator GILLIBRAND’s office: help our new Republican majority to nance Committee—the accomplish- Brooke Jamison. get the Senate working again. After a ments of which I spoke on yesterday— From Congressman LEVIN’s office: year of hard work, I can report a sig- has passed 37 bills, all bipartisan. The Karen McAffe. nificant degree of success. Under the Homeland Security and Governmental I realize I may be missing some peo- leadership of our new majority leader Affairs Committee has passed 71 bills, ple. So to everyone who helped push and his team, the Senate is back to all bipartisan. The Health, Education, this legislation across the finish line, work for the American people. Labor, and Pensions Committee has thank you. You have done America a By the end of last Congress, these passed 10 pieces of legislation, and all great service. best traditions of the Senate that have but one was bipartisan.

VerDate Sep 11 2014 04:18 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.005 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8841 According to the Re´sume´ of Congres- issues that affect Americans’ lives in why PoltiFact awarded the minority sional Activity, as of December 1, the crucial ways—from our commutes to leader three Pinocchios for his accusa- Senate had passed 391 measures as our health care to our children’s edu- tions that the Senate, under our new compared to 290 in 2014 and 246 in 2013. cation. This year Congress has taken a Republican majority, has been unpro- While this year’s number compares fa- number of crucial steps to end this ductive by historical standards. While vorably to the two previous years, the cycle of irresponsible delays. Instead of there have been, no doubt, many bumps Senate’s productivity is best measured passing yet another patch to the high- in the road—and we still need more not by a simple count of measures way trust fund, we passed the first mutual restraint of both the minority passed, in which a post office naming long-term highway bill in a decade; in- and the majority—there should be no counts the same as a comprehensive stead of leaving seniors in a lurch with doubt that our new Republican major- budget for the entire Federal Govern- yet another doc fix, we permanently ity has the Senate back to work for the ment, but instead by the sort and sub- fixed how Medicare reimburses physi- American people. stance of measures passed. This meas- cians and passed a real down payment I thank the Presiding Officer for the ure paints by far the best picture of the on real entitlement reform; instead of extra time. good work done by the Senate in the consigning ourselves to a backseat role f first year of our new Republican Sen- in shaping the international economy ate majority. of the future, we passed the first trade BUDGETARY REVISIONS Instead of wasting the Senate’s pre- promotion authority legislation since Mr. ENZI. Madam President, on No- cious time on political show votes, the 2002; instead of waiting until the last vember 2, 2015, the President signed the new majority leadership has focused minute to pass another extension of Bipartisan Budget Act of 2015 into law, the Senate’s consideration on measures critical tax breaks, we have struck a H.R. 1314, P.L. 114–74. This bill passed that can actually pass, which almost deal to make much important tax re- the House of Representatives by a vote always require bipartisan support. We lief permanent and provide multiyear of 266 to 167 and the Senate by a vote have also made sure to fulfill extensions of others, providing vital of 64 to 35. Section 101 of H.R. 1314 rede- Congress’s most basic fiscal manage- certainty to business and family budg- fined the term ‘‘discretionary spending ment responsibilities. We passed the ets; and instead of leaving our schools limit’’ to add $50 billion in budget au- first bicameral budget since 2009 and webbed in by No Child Left Behind and thority for fiscal year 2016. This in- the first budget that balances in 14 the Obama administration’s condi- crease was split evenly between defense years. Based on that budget blueprint, tioned waivers, we passed the Every and nondefense spending. More specifi- the Appropriations Committee passed Student Succeeds Act, which the Wall cally it increased the fiscal year 2016 all 12 appropriations bills for the first Street Journal called the greatest discretionary spending limit for the re- time since 2009. While the minority un- devolution of power to the States in a vised security category to $548.091 bil- fortunately chose to block numerous quarter century. lion in new budget authority and the attempts we made to pass these bills Moreover, we pushed against the revised nonsecurity category to $518.491 on the floor through regular order, we Obama administration’s most egre- billion in new budget authority. Sec- struck a multiyear bipartisan budget gious overreach, preparing the way to tion 3404 of the fiscal year 2016 budget deal to last through the rest of the reverse them under a future President. resolution provides me with the au- Obama administration. Passing this We passed Congressional Review Act thority to adjust levels and allocations legislation warded off the threat of an- resolutions to repeal the President’s for such changes in definitions in en- other shutdown or a disastrous default most onerous and job-killing labor and acted legislation. I am therefore ad- on our debt. We have also struck a deal environmental regulations, and most justing the allocation to the Com- on an omnibus spending bill for next importantly, we passed the Senate’s mittee on Appropriations and the budg- year that, while imperfect, makes im- first repeal of ObamaCare. etary aggregates to reflect the spend- portant progress in a number of areas, Finally, after the turmoil in the con- ing limits of the Bipartisan Budget Act such as repealing the antiquated oil ex- firmation process in recent years, we of 2015. port ban to create jobs at home and have moved at a deliberate pace in ex- In addition to the changes triggered ward off the influences of Vladimir amining the President’s nominees. De- by P.L. 114–74, section 251 of the Bal- Putin and other dangerous rogues spite the spurious claims of some on anced Budget and Emergency Deficit abroad, increasing resources for our the other side, our record on confirma- Control Act of 1985, BBEDCA, allows military at a time of great threat, tions fits favorably within historical for various adjustments to the discre- norms. As of December 10, 316 of Presi- strengthening the Visa Waiver Pro- tionary spending limits, while sections dent Obama’s judicial nominees have gram to protect against terrorists, and 302 and 314(a) of the Congressional been confirmed, constituting more provisions to bar the transfer of Guan- Budget Act of 1974 allow the chairman than 37 percent of the actual active tanamo detainees to American soil. of the Budget Committee to establish As we look forward to next year, our Federal bench. and make revisions to allocations, ag- The PRESIDING OFFICER. The Sen- leadership has built a pathway to re- gregates, and levels consistent with ator’s time has expired. turn to regular order in the appropria- Mr. HATCH. Madam President, I ask those adjustments. The Senate will tions process, allowing Congress to ful- unanimous consent to finish my state- soon consider H.R. 2029, the Consoli- fill our constitutional duty to oversee ment. dated Appropriations Act, 2016. This the executive branch through the The PRESIDING OFFICER. Without bill includes numerous provisions that power of the purse. objection, it is so ordered. meet the terms laid out in section 251 The Senate also overcame a bitter Mr. HATCH. I thank the Presiding of BBEDCA to generate a change in the partisan dispute to pass the annual Na- Officer. discretionary spending limits. As such, tional Defense Authorization Act to By comparison, only 292 of President this spending is eligible for an adjust- further our most basic responsibility to George W. Bush’s nominees had been ment under the Congressional Budget provide for the common defense. Under confirmed at the same point in his ten- Act. the leadership of our Armed Services ure, constituting less than 35 percent Earlier this year I made adjustments Committee, with colleagues on both of the active judiciary. There are only to budgetary aggregates and the Com- sides, we passed into law a bill that 65 judicial vacancies today. Vacancies mittee on Appropriations’ allocation to contains a wide variety of critical de- have been lower in only 13 of the 83 reflect provisions in appropriations fense items, from acquisition reform to months, or less than 16 percent of the bills that qualified for cap adjustments aid to Ukraine. Moreover, among the time, that this President has held of- under BBEDCA that were being consid- most important accomplishments of fice. During 2015, the average number ered on the Senate floor. The adjust- the year have been the long-term chal- of judicial vacancies has been 58, the ments I make today take these adjust- lenges tackled by the Senate. Over the lowest average for any year of the ments into consideration and reflect past few years, Congress earned a well- Obama Presidency. the appropriate level for adjustments deserved reputation for kicking the can This is a record of achievement that for considering this Omnibus appro- down the road on a number of key speaks for itself, one that easily shows priations bill.

VerDate Sep 11 2014 04:18 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.007 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8842 CONGRESSIONAL RECORD — SENATE December 18, 2015 Section 3102 of S. Con. Res. 11 pro- lion. I am increasing the fiscal year There being no objection, the mate- vides a separate allocation to the Com- 2016 non-OCO/GWOT allocations to the rial was ordered to be printed in the mittee on Appropriations for overseas Appropriations Committee by $25,000 RECORD, as follows: contingency operations, OCO/global million in budget authority for defense, war on terrorism, GWOT, spending. revised security category, $33,666 mil- REVISION TO BUDGETARY AGGREGATES Furthermore, the budget resolution lion in budget authority for non-de- (Pursuant to Section 311 of the Congressional Budget Act of 1974 and Sec- provides the chairman of the Com- tion 3404 of S. Con. Res. 11, the Concurrent Resolution on the Budget for fense, revised nonsecurity category, Fiscal Year 2016) mittee on the Budget the authority to and $15,722 million in general purpose change levels, aggregates, and alloca- outlays. I am also reducing the OCO/ $s in millions 2016 tions related to OCO/GWOT based on GWOT allocation to the Committee on new information. As such, I am making Current Spending Aggregates: Appropriations by $22,594 million in Budget Authority ...... 3,009,557 the appropriate adjustments to bring budget authority and $16,719 million in Outlays ...... 3,067,943 allocation levels in line with the outlays. Adjustments: amounts provided in H.R. 2029. Budget Authority ...... 36,072 As a result, I am increasing the budg- I ask unanimous consent that the ac- Outlays ...... ¥997 Revised Spending Aggregates: etary aggregate for 2016 by $36,072 mil- companying tables, which provide de- Budget Authority ...... 3,045,629 lion in budget authority and reducing tails about the adjustment, be printed Outlays ...... 3,066,946 the aggregate for outlays by $997 mil- in the RECORD. REVISION TO SPENDING ALLOCATION TO THE COMMITTEE ON APPROPRIATIONS FOR FISCAL YEAR 2016 (Pursuant to Sections 302 and 314(a) of the Congressional Budget Act of 1974 and Section 3404 of S. Con. Res 11, the Concurrent Resolution on the Budget for Fiscal Year 2016)

$s in millions 2016

Current Allocation* : Revised Security Discretionary Budget Authority ...... 523,091 Revised Nonsecurity Category Discretionary Budget Authority ...... 494,191 General Purpose Outlays ...... 1,157,345 Adjustments: Revised Security Discretionary Budget Authority ...... 25,000 Revised Nonsecurity Category Discretionary Budget Authority ...... 33,666 General Purpose Outlays ...... 15,722 Revised Allocation* : Revised Security Discretionary Budget Authority ...... 548,091 Revised Nonsecurity Category Discretionary Budget Authority ...... 527,857 General Purpose Outlays ...... 1,173,067

* Excludes amounts designated for Overseas Contingency Operations/Global War on Terrorism pursuant to Section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Memorandum: Detail of Adjustments Made Above Regular Program Integrity Disaster Relief Emergency Total

Revised Security Discretionary Budget Authority ...... 25,000 0 0 0 25,000 Revised Nonsecurity Category Discretionary Budget Authority ...... 25,000 1,523 7,143 0 33,666 General Purpose Outlays ...... 13,788 1,311 388 235 15,722

REVISION TO OVERSEAS CONTINGENCY OPERATIONS/ Mr. COCHRAN, and I worked across the out for the food that they need to buy GLOBAL WAR ON TERRORISM ALLOCATION TO THE aisle to get the job done. I thank him in their commissaries. COMMITTEE ON APPROPRIATIONS FOR FISCAL YEAR for the leadership he provided the com- We know that protecting America is 2016 mittee, for his professionalism, and for not only accomplished in the Defense (Pursuant to Section 3102 of S. Con. Res. 11, the Concurrent Resolution on the ability and the fact that we could Department. It also lies in the impor- the Budget for Fiscal Year 2016) work, both he and I, together. I thank tant agencies that do the tough work. We have adequately capitalized the $s in millions 2016 both of our staffs for working with ci- vility and candor. State Department and provided money Current OCO/GWOT Allocation: For the third year in a row, we left for embassy security so we can protect Budget Authority ...... 96,287 Outlays ...... 48,798 no appropriations bill behind. We nego- our embassies and those who work with Adjustments: tiated and we compromised. We com- them abroad. We have also funded Budget Authority ...... ¥22,594 Outlays ...... ¥16,719 promised without capitulation of our Homeland Security. We have approved Revised OCO/GWOT Allocation: principles, which has always been a close to $11 billion so that the Coast Budget Authority ...... 73,693 Outlays ...... 32,079 strong tradition of the Appropriations Guard can protect our ports and water- Committee. ways, and we have added $50 million in f As we bring this bill to the floor, I new grants to counter violent extre- OMNUBUS LEGISLATION urge all of my colleagues to vote for mism. We also made sure that we have this bill. I want to do it on the basis of given TSA, or the Transportation Se- Ms. MIKULSKI. Madam President, I content and on the basis of merit. curity Administration, the equipment rise to speak on the Consolidated Ap- Now, I will tell you what this bill and people it needs to protect travelers propriations Act of 2016, otherwise does. First of all, it does a lot to pro- with all of the airport screeners that known as the omnibus bill. tect the United States of America. We have been requested. At the same time, I wish to report to my colleagues in know that right now America feels on we have funded the FBI, which is doing the Senate that the House has passed edge. We know our leadership needs to such an able job of rooting out the ter- the bill this morning with a robust provide clarity, consistency, and speci- rorists, including the lone wolf threats vote of 316 to 113. Three months ago it ficity, but most of all, we need to pro- that are emerging in our own country. was unclear if we would be at this posi- vide the resources that our institutions I want to particularly do a shout-out tive point. We were uncertain if we need so they can protect our country. to the FBI in the Baltimore district for could get a budget deal that would lift This bill provides $606 billion for the uncovering a plot in our own home the caps for defense and nondefense national defense of the United States State of Maryland where someone was spending, it was unclear if we could of America and to support, train, and organizing and planning a lone wolf ef- cancel sequester, and it was unclear if equip our troops; to deal with the new fort. we could avoid a government shut- threats of biosecurity and the rising ef- I also wish to thank my colleagues down. forts of ISIL so we can follow through for what we did in the budget deal. I am happy to say today that we have with our vow to defeat and destroy This bill provides $65 billion more to completed our work, and we have done them. meet our national security needs, sup- it in the traditional style of this insti- We have a must-do list to make sure port compelling human needs, and pro- tution and also of the Appropriations our troops have the best weapons and mote the middle class. We made sure Committee and by working on a bipar- know that the troops and families are we kept our promises to our veterans. tisan basis. The chairman of the com- supported. We looked out for their We have a $1.3 billion increase for vet- mittee, the Senator from Mississippi, health care and Tricare, and we looked erans health care to meet their health

VerDate Sep 11 2014 04:18 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.023 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8843 needs, the educational needs we prom- taken care of, and we looked out for I also thank the very able staff mem- ised them, and to deal with this back- the environment. bers of the committee who have been log of disability benefits. The appropriations bills are good very diligent and professional through- We are not only looking to the past, bills, and I could go over more items, out this process. They are a credit to we are looking to the future. We have but I see that the chairman of the com- the Senate. made robust funds available in our in- mittee is on the floor. I again reiterate Madam President, I urge approval of novation area, whether it was the De- my appreciation to Senator COCHRAN the bill. partment of Energy or the National In- and his very able staff. The PRESIDING OFFICER. The Sen- stitutes of Health, which is in my home I also want to comment about the ator from Arizona. State. On our committee and across other side of the dome. Working with f the aisle—Senator PATTY MURRAY, the Congressman HAL ROGERS, the chair- UNANIMOUS CONSENT REQUEST— ranking member, and Senator ROY man of the Appropriations Committee, S. 145 BLUNT, the chairman of the HHS com- and Ranking Member NITA LOWEY has mittee—we renamed the National In- indeed been a very professional rela- Mr. FLAKE. Madam President, I ask stitutes of Health the ‘‘National Insti- tionship. I wish that now, with new unanimous consent that the Senate tutes of Hope’’ because of what it does leadership in the House, they could proceed to the immediate consider- to find the cures and the break- function like the Appropriations Com- ation of Calendar No. 204, S. 145; that throughs for Alzheimer’s, on which we mittee. Do we disagree? Yes. The Pre- the bill be read a third time and have almost doubled the research in siding Officer is a member of that com- passed; and that the motion to recon- order to break the code on how we can mittee, and she knows we are ready to sider be made and laid upon the table. find a cure or a cognitive stretch-out. duke it out when we have to. But we The PRESIDING OFFICER. Is there We have added $2 billion because we put it all out on the table. We discuss objection? worked together, because we know that it. We debate it. f when we want to find the cure for can- We had an open process with amend- UNANIMOUS CONSENT REQUEST— cer, Alzheimer’s, autism, we need to be ments in our committee. We have S. 145, S. 403, S. 521, S. 593, S. 610, able to do that. worked to resolve conflict by actually S. 873, S. 1103, S. 1104, S. 1240, S. We looked also at working out other meeting and discussing with each 1305, AND S. 1483 compelling needs, such as Head Start, other. We need the same thing with our child care and development grants in colleagues on the other side of the Mr. CARDIN. Madam President, re- which we have added more money, and dome. That is what we mean when we serving the right to object, the bill we make the first payment to fund the say we want to get back to regular Senator FLAKE is referring to, S. 145— programs for elementary, middle, and order. a bill I support—is part of a package of high school. Thanks to the budget deal we have 11 bills that have been approved by the We also meet the physical infrastruc- now, I do hope that next year we can Energy and Natural Resources Com- ture needs, where we have increased bring bills up one at a time for debate, mittee known as the lands bills. By the our funding in the T-HUD bill for Tran- discussion, and amendment. I hope we way, of the 11 bills, 7 of the principal sit New Starts to $2.2 billion. can do that. But I also hope the tone of sponsors are Republican and 4 are We increased the funding for the the Appropriations Committee is Democrats. S. 403 by Senator KLO- HOME Program. Instead of cutting it adopted. We can make sure we advo- BUCHAR is on that list, which includes by 90 percent, we increased it by $50 cate for our States and for our view- the North Country National Scenic million, to $950 million. points, but we can do it in a way that Trail; S. 521 that I introduced con- We have also looked out for our it gets done. cerning the President’s Station in Bal- ports, creating jobs by keeping goods I want to conclude by thanking my timore; S. 593 by Senator BARRASSO moving through the full funding of the entire staff, Chuck Kieffer and Jean that includes the Bureau of Reclama- harbor maintenance trust fund and the Toal Eisen, the staff on the other side tion report on their infrastructure as- Army Corps of Engineers. of the dome, and all of those who sets; S. 610 that I introduced dealing This is about jobs. This isn’t about worked for me. I want to recognize with P.S. 103, which is Thurgood Mar- money; this is about jobs. In my own Shannon Kula and Rachel MacKnight, shall Elementary School; S. 873 by the home State of Maryland, the Port of as well as Brigid Houton and Mara chair, Senator MURKOWSKI, to des- Baltimore is an incubator for jobs. It Stark Alcala and Jean Kwon. ignate wilderness within the Lake keeps people going, whether it is the Madam President, I yield the floor. Clark National Park and Preserve; two people who work to bring the ships in, The PRESIDING OFFICER. The Sen- bills, S. 1103 and S. 1104, by Senator whether it is the longshoremen, the ator from Mississippi. DAINES extending deadlines; S. 1240 by tugboat operators, or those who benefit Mr. COCHRAN. Madam President, I Senator HEINRICH designating the from the goods and services coming am pleased to recommend approval of Cerro del Yuta and Rio San Antonio into our port or leaving our port. It is the Omnibus appropriations and tax re- wilderness areas in New Mexico; S. 1305 the ports that create our jobs, and we lief bill that will soon be considered by by Senator BARRASSO concerning the in Maryland are ready for the new the Senate. This bill is consistent with Colorado River Storage Project Act; ships coming through the newly built the Budget Act that was enacted in No- and, lastly, S. 1483 by Senator ALEX- Panama Canal. We know this is a big vember. It funds the operations of the ANDER that would direct a feasibility deal that could help our communities Federal Government for the remainder study for designating the James K. all over America if we invest in our of this fiscal year. It provides funding Polk Home in Columbia, TN, as a unit ports. for the Department of Defense and the of the National Park System. I know many of our colleagues also State Department, along with the FBI, So therefore I ask unanimous con- want to know about riders. We faced Customs and Border Protection, and sent that the request by Senator FLAKE hundreds of policy riders, some of U.S. immigration enforcement provi- be modified so that the Senate proceed which were highly controversial. We sions. It provides a $2 billion increase to the immediate consideration of the did the best we could with them. But for the National Institutes of Health. It following calendar items en bloc: Cal- while everybody talks about one item also funds improvements to our Na- endar No. 204, S. 145; Calendar No. 205, or this item, I want to talk about some tion’s water and surface transportation S. 403; Calendar No. 206, S. 521; Cal- of the ones we were able to deal with. infrastructure. endar No. 208, S. 593; Calendar No. 209, We prevented double-trailer trucks I deeply appreciate the good work S. 610; Calendar No. 211, S. 873; Cal- from taking over our highways. We and active leadership of our commit- endar No. 212, S. 1103; Calendar No. 213, protected women’s health against dev- tee’s vice chairwoman, the distin- S. 1104; Calendar No. 214, S. 1240; Cal- astating riders. We also made sure guished Senator from Maryland. She endar No. 215, S. 1305; and Calendar No. those who regulate our financial insti- has been a pleasure to work with. She 216, S. 1483; that the applicable com- tutions so that we never have another has been very helpful in producing this mittee-reported amendments be agreed meltdown like we had 8 years ago are bill. to, the bills, as amended, if amended,

VerDate Sep 11 2014 02:25 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.008 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8844 CONGRESSIONAL RECORD — SENATE December 18, 2015 be read a third time and passed, and Resolved, That the House agree to the ly to identify the heritage of specific provi- the motions to reconsider be consid- amendment of the Senate to the bill (H.R. sions. ered made and laid upon the table with 2029) entitled ‘‘An Act making appropria- The classified Schedule of Authorizations no intervening action or debate. tions for military construction, the Depart- is incorporated into the bill pursuant to Sec- That would be the list I just men- ment of Veterans Affairs, and related agen- tion 102. It has the status of law. The classi- cies for the fiscal year ending September 30, fied annex supplements and adds detail to tioned, the lands bills that have been 2016, and for other purposes,’’ with amend- clarify the authorization levels found in the reported out unanimously by the En- ments. bill and the classified Schedule of Authoriza- ergy and Natural Resources Com- MOTION TO CONCUR tions. The classified annex shall have the mittee. Mr. MCCONNELL. I move to concur same legal force as the report to accompany The PRESIDING OFFICER. Does the in the House amendments to the Sen- the bill. Senator so modify his request? ate amendment to H.R. 2029. PART II: SELECT UNCLASSIFIED Mr. FLAKE. I have no objection to CONGRESSIONAL DIRECTION the modification. Mr. BURR. Madam President, I ask unanimous consent that the Joint Ex- Enhancing Geographic and Demographic Diver- The PRESIDING OFFICER. The Sen- sity ator from Texas. planatory Statement for Division M— Mr. CRUZ. Madam President, reserv- Intelligence Authorization Act for Fis- The Agreement directs the Office of the Di- cal Year 2016 be printed in the RECORD. rector for National Intelligence (ODNI) to ing the right to object, as the ranking conduct an awareness, outreach, and recruit- member of the Foreign Affairs Com- There being no objection, the mate- rial was ordered to be printed in the ment program to rural, under-represented mittee is well aware, in July I told Sec- colleges and universities that are not part of retary Kerry in a written letter that if RECORD, as follows: the IC Centers of Academic Excellence (IC the administration sent to the United JOINT EXPLANATORY STATEMENT TO CAE) program. Further, the Agreement di- Nations this catastrophic Iranian nu- ACCOMPANY THE INTELLIGENCE AU- rects that ODNI shall increase and formally clear deal before submitting it to the THORIZATION ACT FOR FISCAL YEAR track the number of competitive candidates U.S. Congress, that the consequence 2016 for IC employment or internships who stud- would be that each and every political The following consists of the joint explana- ied at IC CAE schools and other scholarship programs supported by the IC. appointee to the State Department tory statement to accompany the Intel- ligence Authorization Act for Fiscal Year Additionally, the Agreement directs that would be held. Secretary Kerry none- 2016. ODNI, acting through the Executive Agent theless decided to disregard the con- This joint explanatory statement reflects for the IC CAE program, the IC Chief Human tents of that letter, submitted it to the the status of negotiations and disposition of Capital Officer, and the Chief, Office of IC United Nations in derogation of U.S. issues reached between the House Permanent Equal Opportunity & Diversity, as appro- sovereignty, and accordingly, I have Select Committee on Intelligence and the priate, shall: been blocking those political nominees. Senate Select Committee on Intelligence 1. Add a criterion to the IC CAE selection Mr. CARDIN. Will the Senator yield (hereinafter, ‘‘the Agreement’’). The joint process that applicants must be part of a for one moment? explanatory statement shall have the same consortium or actively collaborate with Mr. CRUZ. Yes. effect with respect to the implementation of under-resourced schools in their area; Mr. CARDIN. I think this request this Act as if it were a joint explanatory 2. Work with CAE schools to reach out to deals with the lands bills, not the polit- statement of a committee of conference. rural and under-resourced schools, including The joint explanatory statement comprises by inviting such schools to participate in the ical appointments. I just wanted to three parts: an overview of the application of annual IC CAE colloquium and IC recruit- point that out. These are the bills that the annex to accompany this statement; un- ment events; came out of the Energy and Natural classified congressional direction; and a sec- 3. Increase and formally track the number Resources Committee that deal with tion-by-section analysis of the legislative of competitive IC internship candidates from designating certain lands. We will have text. IC CAE schools, starting with Fiscal Year a chance later on the nominations. PART I: APPLICATION OF THE CLASSIFIED 2016 IC summer internships, and provide a re- Mr. CRUZ. Well, reserving the right ANNEX port, within 180 days of the enactment of this to object to that one, I would simply The classified nature of U.S. intelligence Act, on its plan to do so; say we were going to do both. I thought activities prevents the congressional intel- 4. Develop metrics to ascertain whether IC you were doing the first one, but you ligence committees from publicly disclosing CAE, the Pat Roberts Intelligence Scholars are doing the other. many details concerning the conclusions and Program, the Louis Stokes Educational recommendations of the Agreement. There- Scholarship Program, and the Intelligence On that as well, in my view, there is Officer Training Program reach a diverse de- far too much Federal land in the fore, a classified Schedule of Authorizations and a classified annex have been prepared to mographic and serve as feeders to the IC United States that is under the control describe in detail the scope and intent of the workforce; of the Federal Government. I was just congressional intelligence committees’ ac- 5. Include in the annual report on minority yesterday in the State of Nevada, tions. The Agreement authorizes the Intel- hiring and retention a breakdown of the stu- where some 84 percent of the State of ligence Community to obligate and expend dents participating in these programs who Nevada is controlled by the Federal funds not altered or modified by the classi- serve as IC interns, applied for full-time IC Government. We do not need the Fed- fied Schedule of Authorizations as requested employment, received offers of employment, eral Government becoming the largest in the President’s budget, subject to modi- and entered on duty in the IC; landlord in the United States. There- fication under applicable reprogramming 6. Conduct a feasibility study with nec- procedures. essary funding levels regarding how the IC fore, I object. CAE could be better tailored to serve under- The PRESIDING OFFICER. Does the The classified annex is the result of nego- tiations between the House Permanent Se- resourced schools, and provide such study to Senator so modify his request? lect Committee on Intelligence and the Sen- the congressional intelligence committees Mr. FLAKE. Yes, I so modify. ate Select Committee on Intelligence. It rec- within 180 days of the enactment of this Act; The PRESIDING OFFICER. Objec- onciles the differences between the commit- 7. Publicize all IC elements’ recruitment tion was heard to the modification. tees’ respective versions of the bill for the activities, including the new Applicant Gate- Is there objection to the original re- National Intelligence Program (NIP) and the way and the IC Virtual Career Fair, to rural quest? Homeland Security Intelligence Program for schools, Historically Black Colleges and Uni- Mr. CARDIN. I object. Fiscal Year 2016. The Agreement also makes versities, and other minority-serving institu- The PRESIDING OFFICER. Objec- recommendations for the Military Intel- tions that have been contacted by IC recruit- tion is heard. ligence Program (MIP), and the Information ers; The majority leader. Systems Security Program, consistent with 8. Contact new groups with the objective of the National Defense Authorization Act for expanding the IC Heritage Community Liai- f Fiscal Year 2016, and provides certain direc- son Council; and CONSOLIDATED APPROPRIATIONS tion for these two programs. 9. Ensure that IC elements add such activi- ACT, 2016 The Agreement supersedes the classified ties listed above that may be appropriate to annexes to the reports accompanying H.R. their recruitment plans for Fiscal Year 2016. Mr. MCCONNELL. Madam President, 4127, as passed by the House on December 1, ODNI shall provide an interim update to I ask the Chair to lay before the Senate 2015, H.R. 2596, as passed by the House on the congressional intelligence committees the message to accompany H.R. 2029. June 16, 2015, and S. 1705, as reported by the on its efforts within 90 days of the enact- The Presiding Officer laid before the Senate Select Committee on Intelligence on ment of this Act and include final results in Senate the following message from the July 7, 2015. All references to the House- its annual report on minority hiring and re- House of Representatives: passed and Senate-reported annexes are sole- tention.

VerDate Sep 11 2014 04:18 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.021 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8845 Analytic Duplication & Improving Customer Im- threats based on numbers of investigations Section 103. Personnel ceiling adjustments pact over the past 5 years. The report should be Section 103 is intended to provide addi- The congressional intelligence committees submitted in unclassified form but may in- tional flexibility to the Director of National are concerned about potential duplication in clude a classified annex. Intelligence in managing the civilian per- finished analytic products. Specifically, the Investigations of Minors Involved in sonnel of the Intelligence Community. Sec- congressional intelligence committees are Radicalization tion 103 provides that the Director may au- concerned that contemporaneous publication The Agreement directs the FBI to provide thorize employment of civilian personnel in of substantially similar intelligence prod- a briefing to the congressional intelligence Fiscal Year 2016 in excess of the number of ucts fosters confusion among intelligence committees within 180 days of enactment of authorized positions by an amount not ex- customers (including those in Congress), im- this Act on investigations in which minors ceeding three percent of the total limit ap- pedes analytic coherence across the IC, and are encouraged to turn away from violent ex- plicable to each Intelligence Community ele- wastes time and effort. The congressional in- tremism rather than take actions that would ment under Section 102. The Director may do telligence committees value competitive lead to Federal terrorism indictments. This so only if necessary to the performance of analysis, but believe there is room to reduce briefing should place these rates in the con- important intelligence functions. duplicative analytic activity and improve text of all investigations of minors for vio- Section 104. Intelligence Community Manage- customer impact. lent extremist activity and should describe ment Account Therefore, the Agreement directs ODNI to any FBI engagement with minors’ families, Section 104 authorizes appropriations for pilot a repeatable methodology to evaluate law enforcement, or other individuals or the Intelligence Community Management potential duplication in finished intelligence groups connected to the minor during or Account (ICMA) of the Director of National analytic products and to report the findings after investigations. Intelligence and sets the authorized per- to the congressional intelligence committees Furthermore, the Agreement directs the sonnel levels for the elements within the within 60 days of the enactment of this Act. FBI to include how often undercover agents ICMA for Fiscal Year 2016. In addition, the Agreement directs ODNI to pursue investigations based on a location of Section 105. Clarification regarding authority report to the congressional intelligence com- interest related to violent extremist activity for flexible personnel management among mittees within 180 days of enactment of this compared to investigations of an individual elements of intelligence community Act on how it will revise analytic practice, or group believed to be engaged in such ac- tradecraft, and standards to ensure cus- Section 105 clarifies that certain Intel- tivity. Included should be the number of lo- ligence Community elements may make hir- tomers can clearly identify how products cations of interest associated with a reli- that are produced contemporaneously and ing decisions based on the excepted service gious group or entity. This briefing also designation. cover similar topics differ from one another should include trend analysis covering the in their methodological, informational, or last five years describing violent extremist TITLE II—CENTRAL INTELLIGENCE AGENCY temporal aspects, and the significance of activity in the U.S. RETIREMENT AND DISABILITY SYSTEM Section 201. Authorization of appropriations those differences. This report is not intended Declassification Review of Video of the 2012 to cover operationally urgent analysis or Benghazi Terrorist Attacks Section 201 authorizes appropriations in current intelligence. the amount of $514,000,000 for Fiscal Year Numerous investigations have been con- 2016 for the Central Intelligence Agency Re- Countering Violent Extremism and the Islamic ducted regarding the 2012 terrorist attack tirement and Disability Fund. State of Iraq and the Levant against U.S. facilities in Benghazi. The Sen- The Agreement directs ODNI, within 180 ate Select Committee on Intelligence pro- TITLE III—GENERAL PROVISIONS days of enactment of this Act and in con- duced one of the first declassified Congres- Section 301. Increase in employee compensation sultation with appropriate interagency part- sional reports and continues to believe that and benefits authorized by law ners, to brief the congressional intelligence the public should have access to information Section 301 provides that funds authorized committees on how intelligence agencies are about the attacks, so long as it does not to be appropriated by the Act for salary, pay, supporting both (1) the Administration’s jeopardize intelligence sources and methods. retirement, and other benefits for federal Countering Violent Extremism (CVE) pro- The closed circuit television videos from employees may be increased by such addi- gram first detailed in the 2011 White House the Temporary Mission Facility (TMF) cap- tional or supplemental amounts as may be strategy Empowering Local Partners to Pre- tured some of the activity that took place at necessary for increases in compensation or vent Violent Extremism in the United the State Department facility on September benefits authorized by law. States, which was expanded following the 11, 2012, and their release would contribute Section 302. Restriction on conduct of intel- January 2015 White House Summit on Coun- to the public’s understanding of the event ligence activities tering Violent Extremism, and (2) the Ad- without compromising sources or methods. Section 302 provides that the authorization ministration’s Strategy to Counter the Is- Therefore, the Agreement directs the Di- of appropriations by the Act shall not be lamic State of Iraq and the Levant, which rector of National Intelligence, or the appro- deemed to constitute authority for the con- was announced in September 2014. priate federal official, to conduct a declas- duct of any intelligence activity that is not sification review and to facilitate the release Analytic Health Reports otherwise authorized by the Constitution or to the public of the declassified closed cir- The Agreement directs the Defense Intel- laws of the United States. cuit television videos of the September 11, ligence Agency (DIA) to provide Analytic 2012, terrorist attack on the TMF in Section 303. Provision of information and assist- Health Reports to the congressional intel- Benghazi, Libya, consistent with the protec- ance to Inspector General of the Intelligence ligence committees on a quarterly basis, in- tion of sources and methods, not later than Community cluding an update on the specific effect of 120 days after the enactment of this Act. Section 303 amends the National Security analytic modernization on the health of the Act of 1947 to clarify the Inspector General PART III: SECTION-BY-SECTION ANALYSIS AND Defense Intelligence Analysis Program of the Intelligence Community’s authority EXPLANATION OF LEGISLATIVE TEXT (DIAP) and its ability to reduce analytic to seek information and assistance from fed- risk. The following is a section-by-section anal- eral, state, and local agencies, or units All-Source Analysis Standards ysis and explanation of the Intelligence Au- thereof. thorization Act for Fiscal Year 2016. The Agreement directs DIA to conduct a Section 304. Inclusion of Inspector General of comprehensive evaluation of the Defense In- TITLE I—INTELLIGENCE ACTIVITIES Intelligence Community in Council of In- telligence Enterprise’s all-source analysis Section 101. Authorization of appropriations spectors General on Integrity and Efficiency capability and production in Fiscal Year Section 101 lists the United States Govern- Section 304 amends Section 11(b)(1)(B) of 2015. The evaluation should assess the ana- ment departments, agencies, and other ele- the Inspector General Act of 1978 to reflect lytic output of both NIP and MW funded all- ments for which the Act authorizes appro- the correct name of the Office of the Inspec- source analysts, separately and collectively, priations for intelligence and intelligence-re- tor General of the Intelligence Community. and apply the following four criteria identi- lated activities for Fiscal Year 2016. The section also clarifies that the Inspector fied in the ODNI Strategic Evaluation Re- Section 102. Classified Schedule of Authoriza- General of the Intelligence Community is a port for all-source analysis: 1) integrated, 2) tions member of the Council of the Inspectors Gen- objective, 3) timely, and 4) value-added. The Section 102 provides that the details of the eral on Integrity and Efficiency. results of this evaluation shall be included as amounts authorized to be appropriated for Section 305. Clarification of authority of Pri- part of the Fiscal Year 2017 congressional intelligence and intelligence-related activi- vacy and Civil Liberties Oversight Board budget justification book. ties and the applicable personnel levels by Section 305 amends the Intelligence Re- Terrorism Investigations program for Fiscal Year 2016 are contained in form and Terrorism Prevention Act of 2004 The Agreement directs the Federal Bureau the classified Schedule of Authorizations and (IRTPA) to clarify that nothing in the stat- of Investigation (FBI) to submit to the con- that the classified Schedule of Authoriza- ute authorizing the Privacy and Civil Lib- gressional intelligence committees, within tions shall be made available to the Commit- erties Oversight Board should be construed 180 days of enactment of this Act, a report tees on Appropriations of the Senate and to allow that Board to gain access to infor- detailing how FBI has allocated resources House of Representatives and to the Presi- mation regarding an activity covered by sec- between domestic and foreign terrorist dent. tion 503 of the National Security Act of 1947.

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.007 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8846 CONGRESSIONAL RECORD — SENATE December 18, 2015 Section 306. Enhancing government personnel Section 312. Strategy for comprehensive inter- spectors General to request assistance and security programs agency review of the United States national information from federal, state, and local Section 306 directs the Director of National security overhead satellite architecture agencies or units thereof. Intelligence to develop and implement a plan Section 312 requires the Director of Na- Section 412. Prior congressional notification of for eliminating the backlog of overdue peri- tional Intelligence, in collaboration with the transfers of funds for certain intelligence odic investigations, and further requires the Secretary of Defense, and the Chairman of activities Director to direct each agency to implement the Joint Chiefs of Staff, to develop a strat- Section 412 requires notification to the a program to provide enhanced security re- egy, with milestones and benchmarks, to en- congressional intelligence committees before view to individuals determined eligible for sure that there is a comprehensive inter- transferring funds from the Joint Improvised access to classified information or eligible to agency review of policies and practices for Explosive Device Defeat Fund or the hold a sensitive position. planning and acquiring national security Counterterrorism Partnerships Fund that These enhanced personnel security pro- satellite systems and architectures, includ- are to be used for intelligence activities. grams will integrate information relevant ing the capabilities of commercial systems TITLE V—MATTERS RELATING TO FOREIGN and appropriate for determining an individ- and partner countries, consistent with the COUNTRIES ual’s suitability for access to classified infor- National Space Policy issued on June 28, mation or eligibility to hold a sensitive posi- 2010. Where applicable, this strategy shall ac- SUBTITLE A—MATTERS RELATING TO RUSSIA tion; be conducted at least 2 times every 5 count for the unique missions and authori- Section 501. Notice of deployment or transfer of years; and commence not later than 5 years ties vested in the Department of Defense and Club-K container missile system by the Rus- after the date of enactment of the Fiscal the Intelligence Community. sian Federation Year 2016 Intelligence Authorization Act, or Section 313. Cyber attack standards of measure- Section 501 requires the Director of Na- the elimination of the backlog of overdue tional Intelligence to submit written notice periodic investigations, whichever occurs ment study to the appropriate congressional committees first. Section 313 directs the Director of National if the Intelligence Community receives intel- Section 307. Notification of changes to retention Intelligence, in consultation with the Sec- retary of Homeland Security, the Director of ligence that the Russian Federation has de- of call detail record policies ployed, or is about to deploy, the Club-K con- Section 307 requires the Director of Na- the Federal Bureau of Investigation, and the Secretary of Defense, to carry out a study to tainer missile system through the Russian tional Intelligence to notify the congres- military, or transferred or sold, or intends to sional intelligence committees in writing determine the appropriate standards to measure the damage of cyber incidents. transfer or sell, such system to another state not later than 15 days after learning that an or non-state actor. TITLE IV—MATTERS RELATING TO ELEMENTS electronic communication service provider Section 502. Assessment on funding of political that generates call detail records in the ordi- OF THE INTELLIGENCE COMMUNITY parties and nongovernmental organizations nary course of business has changed its pol- SUBTITLE A—OFFICE OF THE DIRECTOR OF by the Russian Federation icy on the retention of such call details NATIONAL INTELLIGENCE records to result in a retention period of less Section 502 requires the Director of Na- Section 401. Appointment and confirmation of tional Intelligence to submit an Intelligence than 18 months. Section 307 further requires the National Counterintelligence Executive the Director to submit to the congressional Community assessment to the appropriate Section 401 makes subject to Presidential intelligence committees within 30 days of en- congressional committees concerning the appointment and Senate confirmation, the actment a report identifying each electronic funding of political parties and nongovern- executive branch position of National Coun- communication service provider (if any) that mental organizations in the former Soviet terintelligence Executive (NCIX), which was has a current policy in place to retain call States and Europe by the Russian Security created by the 2002 Counterintelligence En- detail records for 18 months or less. Services since January 1, 2006, not later than hancement Act. Effective December 2014, the 180 days after the enactment of the Fiscal Section 308. Personnel information notification NCIX was also dual-hatted as the Director of Year 2016 Intelligence Authorization Act. policy by the Director of National Intel- the National Counterintelligence and Secu- Section 503. Assessment on the use of political ligence rity Center. Section 308 requires the Director of Na- assassinations as a form of statecraft by the Section 402. Technical amendments relating to tional Intelligence to establish a policy to Russian Federation pay under title 5, United States Code ensure timely notification to the congres- Section 503 requires the Director of Na- sional intelligence committees of the identi- Section 402 amends 5 U.S.C. § 5102(a)(1) to tional Intelligence to submit an Intelligence ties of individuals occupying senior level po- expressly exclude the Office of the Director Community assessment concerning the use sitions within the Intelligence Community. of National Intelligence (ODNI) from the of political assassinations as a form of Section 309. Designation of lead intelligence of- provisions of chapter 51 of title 5, relating to statecraft by the Russian Federation to the ficer for tunnels position classification, pay, and allowances appropriate congressional committees, not for General Schedule employees, which does later than 180 days after the enactment of Section 309 requires the Director of Na- not apply to ODNI by virtue of the National the Fiscal Year 2016 Intelligence Authoriza- tional Intelligence to designate an official to Security Act. This proposal would have no tion Act. manage the collection and analysis of intel- substantive effect. ligence regarding the tactical use of tunnels SUBTITLE B—MATTERS RELATING TO OTHER by state and nonstate actors. Section 403. Analytic Objectivity Review COUNTRIES Section 310. Reporting process for tracking The Office of the Director of National Section 511. Report of resources and collection country clearance requests Intelligence’s Analytic Integrity and Stand- posture with regard to the South China Sea Section 310 requires the Director of Na- ards (AIS) office was established in response and East China Sea tional Intelligence to establish a formal re- to the requirement in the Intelligence Re- Section 511 requires the Director of Na- porting process for tracking requests for form and Terrorism Prevention Act of 2004 tional Intelligence to submit to the appro- country clearance submitted to overseas Di- (IRTPA) for the designation of an entity re- priate congressional committees an Intel- rector of National Intelligence representa- sponsible for ensuring that the Intelligence ligence Community assessment on Intel- tives. Section 310 also requires the Director Community’s finished intelligence products ligence Community resourcing and collec- to brief the congressional intelligence com- are timely, objective, independent of polit- tion posture with regard to the South China mittees on its progress. ical considerations, based upon all sources of Sea and East China Sea, not later than 180 available intelligence, and demonstrative of Section 311. Study on reduction of analytic du- days after the enactment of the Fiscal Year the standards of proper analytic tradecraft. 2016 Intelligence Authorization Act. plication Consistent with responsibilities prescribed Section 512. Use of locally employed staff serv- Section 311 requires the Director of Na- under IRTPA, Section 403 requires the AIS ing at a United States diplomatic facility in tional Intelligence to carry out a study to Chief to conduct a review of finished intel- Cuba identify duplicative analytic products and ligence products produced by the CIA to as- the reasons for such duplication, ascertain sess whether the reorganization of the Agen- Section 512 requires the Secretary of State, the frequency and types of such duplication, cy, announced publicly on March 6, 2015, has not later than 1 year after the date of the en- and determine whether this review should be resulted in any loss of analytic objectivity. actment of this Act, to ensure that key su- considered a part of the responsibilities as- The report is due no later than March 6, 2017. pervisory positions at a United States diplo- signed to the Analytic Integrity and Stand- matic facility in Cuba are occupied by citi- SUBTITLE B—CENTRAL INTELLIGENCE AGENCY ards office inside the Office of the Director of zens of the United States who have passed a AND OTHER ELEMENTS National Intelligence. Section 311 also re- thorough background check. Further, not quires the Director to provide a plan for re- Section 411. Authorities of the Inspector General later than 180 days after the date of the en- vising analytic practice, tradecraft, and for the Central Intelligence Agency actment of this Act, the provision requires standards to ensure customers are able to Section 411 amends Section 17 of the Cen- the Secretary of State, in coordination with readily identify how analytic products on tral Intelligence Agency Act of 1949 to con- other appropriate government agencies, to similar topics that are produced contem- solidate the Inspector General’s personnel submit to the appropriate congressional poraneously differ from one another and authorities and to provide the Inspector Gen- committees a plan to further reduce the reli- what is the significance of those differences. eral with the same authorities as other In- ance on locally employed staff in United

VerDate Sep 11 2014 04:18 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.008 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8847 States diplomatic facilities in Cuba. The requires information on the total number of Section 712. Inclusion of certain minority-serv- plan shall, at a minimum, include cost esti- foreign fighters who have traveled to Syria ing institutions in grant program to en- mates, timelines, and numbers of employees or Iraq, the total number of United States hance recruiting of intelligence community to be replaced. persons who have traveled or attempted to workforce Section 513. Inclusion of sensitive compart- travel to Syria or Iraq, the total number of Section 712 amends the National Security mented information facilities in United foreign fighters in Terrorist Identities Act of 1947 to include certain minority-serv- States diplomatic facilities in Cuba Datamart Environment, the total number of ing institutions in the intelligence officer foreign fighters who have been processed Section 513 requires that each United training programs established under Section with biometrics, any programmatic updates States diplomatic facility in Cuba—in which 1024 of the Act. to the foreign fighter report, and a world- classified information will be processed or in Mr. BURR. Madam President, I ask wide graphic that describes foreign fighter which classified communications occur— flows to and from Syria. unanimous consent that the Joint Ex- that is constructed, or undergoes a construc- planatory Statement for Division N— tion upgrade, be constructed to include a Section 703. Report on strategy, efforts, and re- Cybersecurity Act of 2015 be printed in sensitive compartmented information facil- sources to detect, deter, and degrade Islamic the RECORD. ity. State revenue mechanisms There being no objection, the mate- Section 514. Report on use by Iran of funds Section 703 requires the Director of Na- rial was ordered to be printed in the made available through sanctions relief tional Intelligence to submit a report on the RECORD, as follows: Section 514 requires the Director of Na- strategy, efforts, and resources of the Intel- JOINT EXPLANATORY STATEMENT TO tional Intelligence, in consultation with the ligence Community that are necessary to de- ACCOMPANY THE CYBERSECURITY Secretary of the Treasury, to submit to the tect, deter, and degrade the revenue mecha- ACT OF 2015 appropriate congressional committees a re- nisms of the Islamic State. The following consists of the joint explana- port assessing the monetary value of any di- Section 704. Report on United States counterter- tory statement to accompany the Cybersecu- rect or indirect form of sanctions relief Iran rorism strategy to disrupt, dismantle, and rity Act of 2015. has received since the Joint Plan of Action defeat the Islamic State, al-Qa’ida, and (JPGA) entered into effect, and how Iran has This joint explanatory statement reflects their affiliated groups, associated groups, the status of negotiations and disposition of used funds made available through such and adherents sanctions relief. This report shall be sub- issues reached between the Senate Select mitted every 180 days while the JPOA is in Section 704 requires the President to sub- Committee on Intelligence, the House Per- effect, and not later than 1 year after an mit to the appropriated congressional com- manent Select Committee on Intelligence, agreement relating to Iran’s nuclear pro- mittees a comprehensive report on the the Senate Committee on Homeland Secu- gram takes effect, and annually thereafter counterterrorism strategy to disrupt, dis- rity and Governmental Affairs, and the while that agreement remains in effect. mantle, and defeat the Islamic State, al- House Committee on Homeland Security. Qa’ida, and their affiliated groups associated The joint explanatory statement shall have TITLE VI—MATTERS RELATING TO UNITED groups, and adherents. the same effect with respect to the imple- STATES NAVAL STATION, GUANTANAMO BAY, mentation of this Act as if it were a joint ex- CUBA Section 705. Report on effects of data breach of Office of Personnel Management planatory statement of a committee of con- Section 601. Prohibition on use of funds for ference. transfer or release of individual detained at Section 705 requires the President to trans- The joint explanatory statement comprises United States Naval Station, Guantanamo mit to the congressional intelligence com- an overview of the bill’s background and ob- Bay, Cuba, to the United States munities a report on the data breach of the jectives, and a section-by-section analysis of Section 601 states that no amounts author- Office of Personnel Management. Section 705 the legislative text. ized to be appropriated or otherwise made requires information on the impact of the PART I: BACKGROUND AND NEED FOR available to an element of the Intelligence breach on Intelligence Community oper- LEGISLATION ations abroad, in addition to an assessment Community may be used to transfer or re- Cybersecurity threats continue to affect of how foreign persons, groups, or countries lease individuals detained at Guantanamo our nation’s security and its economy, as may use data collected by the breach and Bay to or within the United States, its terri- losses to consumers, businesses, and the gov- what Federal Government agencies use best tories, or possessions. ernment from cyber attacks, penetrations, practices to protect sensitive data. Section 602. Prohibition on use of funds to con- and disruptions total billions of dollars. This struct or modify facilities in the United Section 706. Report on hiring of graduates of legislation is designed to create a voluntary States to house detainees transferred from Cyber Corps Scholarship Program by intel- cybersecurity information sharing process United States Naval Station, Guantanamo ligence community that will encourage public and private sector Bay, Cuba Section 706 requires the Director of Na- entities to share cyber threat information, Section 602 states that no amounts author- tional Intelligence to submit to the congres- without legal barriers and the threat of un- ized to be appropriated or otherwise made sional intelligence committees a report on founded litigation—while protecting private available to an element of the Intelligence the employment by the Intelligence Commu- information. This in turn should foster Community may be used to construct or nity of graduates of the Cyber Corps Scholar- greater cooperation and collaboration in the modify facilities in the United States, its ship Program. Section 706 requires informa- face of growing cybersecurity threats to na- territories, or possessions to house detainees tion on the number of graduates hired by tional and economic security. transferred from Guantanamo Bay. each element of the Intelligence Community, This legislation also includes provisions to improve Federal network and information Section 603. Prohibition on use of funds for the recruitment process for each element of the Intelligence Community, and the Direc- system security, provide assessments on the transfer or release to certain countries of in- Federal cybersecurity workforce, and pro- dividuals detained at United States Naval tor recommendations for improving the hir- ing process. vide reporting and strategies on cybersecu- Station, Guantanamo Bay, Cuba rity industry-related and criminal-related Section 603 states that no amounts author- Section 707. Report on use of certain business matters. The increased information sharing ized to be appropriated or otherwise made concerns enabled by this bill is a critical step toward available to an element of the Intelligence Section 707 requires the Director of Na- improving cybersecurity in America. Community may be used to transfer or re- tional Intelligence to submit to the congres- PART II: SECTION-BY-SECTION ANALYSIS AND lease an individual detained at Guantanamo sional intelligence committees a report of EXPLANATION OF LEGISLATIVE TEXT Bay to the custody or control of any coun- covered business concerns—including minor- The following is a section-by-section anal- try, or any entity within such country, as ity-owned, women-owned, small disadvan- ysis and explanation of the Cybersecurity follows: Libya, Somalia, Syria, or Yemen. taged, service-enabled veteran-owned, and Act of 2015. TITLE VII—REPORTS AND OTHER MATTERS veteran-owned small businesses—among con- TITLE I—CYBERSECURITY INFORMATION tractors that are awarded contracts by the SUBTITLE A—REPORTS SHARING Intelligence Community for goods, equip- Section 701. Repeal of certain reporting require- ment, tools and services. Section 101. Short title. ments Section 101 states that Title I may be cited Section 701 repeals certain reporting re- SUBTITLE B—OTHER MATTERS as the ‘‘Cybersecurity Information Sharing quirements. Section 711. Use of homeland security grant Act of 2015.’’ Section 702. Reports on foreign fighters funds in conjunction with Department of Section 102. Definitions. Section 702 requires the Director of Na- Energy national laboratories Section 102 defines for purposes of this tional Intelligence to submit a report every Section 711 amends Section 2008(a) of the title key terms such as ‘‘cybersecurity pur- 60 days for the three years following the en- Homeland Security Act of 2002 to clarify pose,’’ ‘‘cybersecurity threat,’’ ‘‘cyber threat actment of this Act to the congressional in- that the Department of Energy’s national indicator,’’ ‘‘defensive measure,’’ and ‘‘mon- telligence committees on foreign fighter laboratories may seek access to homeland itor.’’ The definition of ‘‘cybersecurity pur- flows to and from Syria and Iraq. Section 702 security grant funds. pose’’ is meant to include a broad range of

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.009 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8848 CONGRESSIONAL RECORD — SENATE December 18, 2015 activities taken to protect information and Section 105. Sharing of cyber threat indicators threat information or a duty to warn or act information systems from cybersecurity and defensive measures with the Federal based on receiving cyber threat information. threats. The authorizations under this Act Government. At the same time, nothing in Title I broad- are tied to conduct undertaken for a ‘‘cyber- Section 105 directs the Attorney General ens, narrows, or otherwise affects any exist- security purpose,’’ which both clarifies their and Secretary of Homeland Security to ing duties that might be imposed by other scope and ensures that the authorizations jointly develop policies and procedures to law; Title I also does not limit any common cover activities that can be performed in govern how the Federal Government shares law or statutory defenses. conjunction with one another. For instance, information about cyber threats, including Section 107. Oversight of Government activities. a private entity conducting monitoring ac- via an automated real-time process that al- Section 107 requires reports and rec- tivities to determine whether it should use lows for information systems to exchange ommendations on implementation, compli- an authorized ‘‘defensive measure’’ would be identified cyber threat information without ance, and privacy assessments by agency monitoring for a ‘‘cybersecurity purpose.’’ manual efforts, subject to limited exceptions heads, Inspectors General, and the Comp- Significantly, the authorization for ‘‘defen- that must be agreed upon in advance. Sec- troller General of the United States, to en- sive measures’’ does not include activities tion 105 also directs the Attorney General sure that cyber threat information is prop- that are generally considered ‘‘offensive’’ in and Secretary of Homeland Security, in co- erly received, handled, and shared by the nature, such as unauthorized access of, or ordination with heads of appropriate Federal Federal Government. execution of computer code on, another enti- entities and in consultation with certain pri- Section 108. Construction and preemption. ty’s information systems, such as ‘‘hacking vacy officials and relevant private entities, Section 108 contains Title I construction back’’ activities, or any actions that would to jointly issue and make publicly available provisions regarding lawful disclosures; substantially harm another private entity’s final privacy and civil liberties guidelines for whistleblower protections; protection of information systems, such as violations of Federal entity-based cyber information shar- sources and methods; relationship to other section 1030, of title 18, United States Code. ing. Section 105 directs the Secretary of Home- laws; prohibited conduct, such as anti-com- Section 103. Sharing of information by the Fed- petitive activities; information sharing rela- eral Government. land Security, in coordination with heads of appropriate Federal entities, to develop, im- tionships; preservation of contractual rights Section 103 requires the Director of Na- plement, and certify the capability and proc- and obligations; anti-tasking restrictions, tional Intelligence, the Secretary of Home- ess through which the Federal Government including conditions on cyber threat infor- land Security, the Secretary of Defense, and receives cyber threat information shared by mation sharing; information use and reten- the Attorney General to jointly develop and a non-Federal entity with the Federal Gov- tion; Federal preemption of State laws that issue procedures for the timely sharing of ernment. This section also provides the restrict or regulate Title I activities, exclud- classified and unclassified cyber threat indi- President with the authority to designate an ing those concerning the use of authorized cators and defensive measures (hereinafter appropriate Federal entity, other than the law enforcement practices and procedures; referenced collectively in this joint explana- Department of Defense (including the Na- regulatory authorities; the Secretary of De- tory statement as, ‘‘cyber threat informa- tional Security Agency), to develop and im- fense’s authorities to conduct certain cyber tion’’) with relevant entities. plement an additional capability and process operations; and Constitutional protections in These procedures must also ensure the following a certification and explanation to criminal prosecutions. Federal Government maintains: a real-time Congress, as described in this section. The Section 109. Report on cybersecurity threats. sharing capability; a process for notifying capability and process at the Department of Section 109 requires the Director of Na- entities that have received cyber threat in- Homeland Security, or at any additional ap- tional Intelligence, with the heads of other formation in error; protections against unau- propriate Federal entity designated by the appropriate Intelligence Community ele- thorized access; and procedures to review President, does not prohibit otherwise lawful ments, to submit a report to the congres- and remove, prior to sharing cyber threat in- disclosures of information related to crimi- sional intelligence committees on cybersecu- formation, any information not directly re- nal activities, Federal investigations, or rity threats, including cyber attacks, theft, lated to a cybersecurity threat known at the statutorily or contractually required disclo- and data breaches. time of sharing to be personal information of sures. However, this section does not pre- a specific individual or that identifies a spe- Section 110. Exception to limitation on authority clude the Department of Defense, including cific individual, or to implement a technical of Secretary of Deftnse to disseminate cer- the National Security Agency from assisting capability to do the same. These procedures tain information. in the development and implementation of a must be developed in consultation with ap- Section 110 clarifies that, notwithstanding capability and process established consistent propriate Federal entities, including the Section 393(c)(3) of title 10, United States with this title. It also shall not be read to Small Business Administration and the Na- Code, the Secretary of Defense may author- preclude any department or agency from re- tional Laboratories. ize the sharing of cyber threat indicators and questing technical assistance or staffing a defensive measures pursuant to the policies, Section 104. Authorizations for preventing, de- request for technical assistance. procedures, and guidelines developed or tecting, analyzing, and mitigating cyberse- Section 105 further provides that cyber issued under this title. curity threats. threat information shared with the Federal Section 111. Effective period. Section 104 authorizes private entities to Government does not waive any privilege or monitor their information systems, operate protection, may be deemed proprietary infor- Section 111 establishes Title I and the defensive measures, and share and receive mation by the originating entity, and is ex- amendments therein are effective during the cyber threat information. Private entities empt from certain disclosure laws. Cyber period beginning on the date of enactment of must, prior to sharing cyber threat informa- threat information may be used by the Fed- this Act and ending on September 30, 2025. tion, review and remove any information not eral government for: cybersecurity purposes; The provisions of Title I will remain in effect directly related to a cybersecurity threat identifying a cybersecurity threat or vulner- however, for action authorized by Title I or known at the time of sharing to be personal ability; responding to, preventing, or miti- information obtained pursuant to action au- information of a specific individual or that gating a specific threat of death, a specific thorized by Title I, prior to September 30, identifies a specific individual, or to imple- threat of serious bodily harm, or a specific 2025. ment and utilize a technical capability to do threat of serious economic harm, including a TITLE II—NATIONAL CYBERSECURITY the same. terrorist act or a use of a weapon of mass de- ADVANCEMENT Section 104 permits non-Federal entities to struction; responding to, investigating, pros- SUBTITLE A—NATIONAL CYBERSECURITY AND use cyber threat information for cybersecu- ecuting, preventing, or mitigating a serious COMMUNICATIONS INTEGRATION CENTER rity purposes, to monitor, or to operate de- threat to a minor; or preventing, inves- Section 201. Short title. tigating, disrupting, or prosecuting an of- fensive measures on their information sys- Section 201 establishes that Title II, Sub- fense arising out of certain cyber-related tems or on those of another entity (upon title A may be cited as the ‘‘National Cyber- written consent). Cyber threat information criminal activities. Finally, Section 105 provides that cyber security Protection Advancement Act of shared by an entity with a State, tribal, or 2015’’. local department or agency may be used for threat information shared with the Federal Section 202. Definitions. the purpose of preventing, investigating, or Government shall not be used by any Fed- prosecuting any of the offenses described in eral, State, tribal, or local government to Section 202 defines for purposes of Title II, Section 105, below. Cyber threat information regulate non-Federal entities’ lawful activi- Subtitle A, the terms ‘‘appropriate congres- is exempt from disclosure under any State, ties. sional committees,’’ ‘‘cybersecurity risk,’’ tribal, local, or freedom of information or Section 106. Protection from liability. ‘‘incident,’’ ‘‘cyber threat indicator,’’ ‘‘defen- similar law. Section 106 provides liability protection sive measure,’’ ‘‘Department,’’ and ‘‘Sec- Section 104 further provides that two or for private entities that monitor, share, or retary.’’ more private entities are not in violation of receive cyber threat information in accord- Section 203. Information sharing structure and antitrust laws for exchanging or providing ance with Title I, notwithstanding any other processes. cyber threat information, or for assisting provision of Federal, State, local, or tribal Section 203 enhances the functions of the with the prevention, investigation, or miti- law. Section 106 further clarifies that noth- Department of Homeland Security’s Na- gation of a cybersecurity threat. ing in Title I creates a duty to share cyber tional Cybersecurity and Communications

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.024 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8849 Integration Center, established in section 227 Section 206. Report on reducing cybersecurity is expected to ensure that the policies and of the Homeland Security Act of 2002 (redes- risks in DHS data centers. procedures developed under section 230 ap- ignated by this Act). It designates the Center Section 206 requires the Secretary of the propriately restrict and limit Department as a Federal civilian interface for multi-di- Department of Homeland Security to submit access, use, retention, and handling of such rectional and cross-sector information shar- a report to Congress not later than 1 year information to protect the privacy and con- ing related to cybersecurity risks, incidents, after the date of the enactment of this Act fidentiality of such information, including analysis and warnings for Federal and non- on the feasibility of using ensuring that the Department protects such Federal entities, including the implementa- compartmentalization between systems to sensitive data from disclosure, and trains ap- tion of Title I of this Act. This section re- create conditions conducive to reduced cy- propriate staff accordingly. quires the Center to engage with inter- bersecurity risks in data centers. Section 223(b) mandates that agencies de- national partners; conduct information shar- ploy and adopt those capabilities within one Section 207. Assessment. ing with Federal and non-Federal entities; year for all network traffic traveling to or participate in national exercises; and assess Section 207 requires the Comptroller Gen- from each information system owned or op- and evaluate consequence, vulnerability and eral of the United States not later than 2 erated by the agency, or two months after threat information regarding cyber incidents years after the date of enactment of this Act the capabilities are first made available to to public safety communications. Addition- to submit a report on the implementation of the agency, whichever is later. The sub- ally, this section requires the Center to col- Title II, including increases in the sharing of section also requires that agencies adopt im- laborate with state and local governments cyber threat indicators at the National Cy- provements added to the intrusion detection on cybersecurity risks and incidents. The bersecurity and Communications Integration and prevention capabilities six months after Center will comply with all policies, regula- Center and throughout the United States. they are made available. Improvements is in- tions, and laws that protect the privacy and Section 208. Multiple simultaneous cyber inci- tended to be read broadly to describe expan- civil liberties of United States persons, in- dents at critical infrastructure. sion of the capabilities, new systems, and cluding by working with the Privacy Officer Section 208 requires the appropriate De- added technologies, for example: non-signa- to ensure the Center follows the privacy poli- partment of Homeland Security Under Sec- ture based detection systems such as cies and procedures established by title I of retary to draft and submit to Congress not heuristic- and behavior-based detection, new this Act. later than 1 year after the date of enactment countermeasures to block malicious traffic Section 203 requires the Department of of this Act a report on the feasibility of pro- beyond e-mail filtering and Domain Name Homeland Security, in coordination with in- ducing a risk-informed plan to address the System (DNS)-sinkholing, and scanning dustry and other stakeholders, to develop an risks of multiple simultaneous cyber inci- techniques that allow scanning of encrypted automated capability for the timely sharing dents affecting critical infrastructure as well traffic. of cyber threat indicators and defensive as cascade effects. Section 224. Advanced internal defenses. measures. It is critical for the Department to develop an automated system and sup- Section 209. Report on cybersecurity Section 224 directs the Secretary of Home- porting processes for the Center to dissemi- vulnerabilities of United States ports. land Security to add advanced network secu- nate cyber threat indicators and defensive Section 209 requires the Secretary of rity tools to the Continuous Diagnostics and measures in a timely manner. Homeland Security not later than 180 days Mitigation program; develop and implement This section permits the Center to enter after the date of enactment of this Act to a plan to ensure agency use of advanced net- into voluntary information sharing relation- submit to Congress a report on the vulner- work security tools; and, with the Director ships with any consenting non-Federal enti- ability of United States ports to cybersecu- of the Office of Management and Budget, ty for the sharing of cyber threat indicators, rity incidents, as well as potential mitiga- prioritize advanced security tools and update defensive measures, and information for cy- tions. metrics used to measure security under the Federal Information Security Management bersecurity purposes. This section is in- Section 210. Prohibition on new regulatory au- Act of 2002. tended to provide the Department of Home- thority. Section 225. Federal cybersecurity requirements. land Security additional options to enter Section 210 clarifies that the Secretary of into streamlined voluntary information Homeland Security does not gain any addi- Section 225 adds a statutory requirement sharing agreements. This section allows the tional regulatory authorities in this subtitle. for the head of each agency not later than 1 Center to utilize standard and negotiated year after the date of the enactment of this Section 211. Termination of reporting require- agreements as the types of agreements that Act to implement several standards on their ments. non-Federal entities may enter into with the networks to include identification of sen- Center. However, it makes clear that agree- Section 211 adds a 7-year sunset on the re- sitive and mission critical data, use of ments are not limited to just these types, porting requirements in Title II, Subtitle A. encryption, and multi-factor authentication. and preexisting agreements between the Cen- SUBTITLE B—FEDERAL CYBERSECURITY Section 226. Assessment; reports. ter and the non-Federal entity will be in ENHANCEMENT Section 226 includes a requirement for a compliance with this section. Section 221. Short title. Section 203 requires the Director of the Government Accountability Office study to Center to report directly to the Secretary for Section 221 establishes that Title II, Sub- be conducted on the effectiveness of this ap- significant cybersecurity risks and inci- title B may be cited as the ‘‘Federal Cyberse- proach and strategy. It also requires reports dents. This section requires the Secretary to curity Enhancement Act of 2015’’. from the Department of Homeland Security, submit to Congress a report on the range of Section 222. Definitions. Federal Chief Information Officer, and the Office of Management and Budget. Required efforts underway to bolster cybersecurity Section 222 defines for purposes of Title II, reporting includes an annual report from the collaboration with international partners. Subtitle B, the terms ‘‘agency,’’ ‘‘agency in- Department of Homeland Security on the ef- Section 203 allows the Secretary to develop formation system,’’ ‘‘appropriate congres- fectiveness and privacy controls of the intru- and adhere to Department policies and pro- sional committees,’’ ‘‘cybersecurity risk,’’ sion detection and prevention capabilities; cedures for coordinating vulnerability dis- ‘‘information system,’’ ‘‘Director,’’ ‘‘intel- information on adoption of the intrusion de- closures. ligence community,’’ ‘‘national security sys- tection and capabilities at agencies in the Section 204. Information sharing and analysis tem,’’ and ‘‘Secretary.’’ Office of Management and Budget’s annual organizations. Section 223. Improved Federal network security. Federal Information Security Management Section 204 amends Section 212 of the Section 223 amends the Homeland Security Act report; an assessment by the Federal Homeland Security Act to clarify the func- Act of 2002 by amending Section 228, as re- Chief Information Officer within two years of tions of Information Sharing and Analysis designated, to require an intrusion assess- enactment as to continued value of the in- Organizations (ISAOs) to include cybersecu- ment plan for Federal agencies and adding a trusion detection and prevention capabili- rity risk and incident information beyond Section 230 to authorize a federal intrusion ties; and a Government Accountability re- that pertaining to critical infrastructure. detection and prevention capabilities’’ for port in three years on the effectiveness of ISAOs, including Information Sharing and Federal agencies. Federal agencies’ approach to securing agen- Analysis Centers (ISAOs) have an important Section 230 of the Homeland Security Act cy information systems. role to play in facilitating information shar- of 2002, as added by Section 223(a) of the bill, Section 227. Termination. ing going forward and has clarified their authorizes the Secretary of Homeland Secu- Section 227 creates a 7-year sunset for the functions as defined in the Homeland Secu- rity to employ the Department’s intrusion authorization of the intrusion detection and rity Act. detection and intrusion prevention capabili- prevention capabilities in Section 230 of the Section 205. National response framework. ties, operationally implemented under the Homeland Security Act of 2002, as added by Section 205 amends the Homeland Security ‘‘EINSTEIN’’ programs, to scan agencies’ Section 223(a). Act of 2002 to require the Secretary of the network traffic for malicious activity and Department of Homeland Security, with block it. The Secretary and agencies with Section 228. Identification of information sys- proper coordination, to regularly update the sensitive data are expected to confer regard- tems relating to national security. Cyber Incident Annex to the National Re- ing the sensitivity of, and statutory protec- Section 228 requires the Director of Na- sponse Framework of the Department of tions otherwise applicable to, information on tional Intelligence and the Director of the Homeland Security. agency information systems. The Secretary Office of Management, in coordination with

VerDate Sep 11 2014 04:49 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.025 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8850 CONGRESSIONAL RECORD — SENATE December 18, 2015 other agencies, not later than 180 days after enactment of this Act to produce a com- Mr. HATCH. Madam President, the the date of enactment of this Act to identify prehensive strategy relating to United bill we are considering today contains unclassified information systems that could States international policy with regard to a provision in section 305 providing for reveal classified information, and submit a cyberspace, to include a review of actions some tax relief for refiners whose costs report assessing the risks associated with a taken by the Secretary of State in support of breach of such systems and the costs and im- the President’s International Strategy for will increase as a result of the repeal of pact to designate such systems as national Cyberspace and a description of threats to the ban on oil exports. This provision security systems. United States national security in cyber- permits refiners to modify the calcula- Section 229. Direction to agencies. space. tion of production activities income to Section 229 authorizes the Secretary of Section 403. Apprehension and prosecution of lessen the impact of high transpor- Homeland Security to issue an emergency di- international cyber criminals. tation costs in bringing crude oil to rective to the head of an agency to take any Section 403 requires the Secretary of State, their refineries. The provision permits lawful action with respect to the operation or a designee, to consult with countries in adjusting such activities income for of an information system for the purpose of which international cyber criminals are properly allocable transportation protecting such system from an information physically present and extradition to the security threat. In situations in which the costs. Many times transportation costs United States is unlikely, to determine what are embedded within an invoice and Secretary has determined there is an immi- efforts the foreign country has taken to ap- nent threat to an agency, the Secretary may prehend, prosecute, or otherwise prevent the not broken out as a separate line item, authorize the use of intrusion detection and carrying out of cybercrimes against United such as included in the delivered price prevention capabilities in accordance with States persons or interests. Section 403 fur- of crude. These are clearly transpor- established procedures, including notice to ther requires an annual report that includes tation costs intended to be taken into the affected agency. statistics and extradition status about such account for purposes of this section. TITLE III—FEDERAL CYBERSECURITY international cyber criminals. Mr. REID. Madam President, in Sec- WORKFORCE ASSESSMENT Section 404. Enhancement of emergency services. tion 303 of the House amendment No. 1 Section 301. Short title. Section 404 requires the Secretary of to the Senate amendment to H.R. 2029, Section 301 establishes Title III may be Homeland Security not later than 90 days the text of the Consolidated Appropria- cited as the ‘‘Federal Cybersecurity Work- after the date of the enactment of this Act tions Act, 2016, the section 48 Invest- force Assessment Act of 2015’’. to establish a process by which a Statewide Section 302. Definitions. ment Tax Credit, 26 U.S.C. section 48, Interoperability Coordinator may report is extended for 5 years, beginning on Section 302 defines for purposes of Title III data on any cybersecurity risk or incident January 1, 2017, and phased down to 26 the terms ‘‘appropriate congressional com- involving any information system or net- mittees,’’ ‘‘Director,’’ ‘‘National Initiative work used by emergency response providers percent in 2020 and 22 percent in 2021. for Cybersecurity Education,’’ and ‘‘work within the state. Reported data will be ana- Section 303 inadvertently only extends roles.’’ lyzed and used in developing information and the credit for solar energy tech- Section 303. National cybersecurity workforce recommendations on security and resilience nologies, rather than all of the tech- measurement initiative. on measures for information systems and nologies currently eligible to receive Section 303 requires the head of each Fed- networks used by state emergency response the credit. eral agency to identify all positions within providers. The intention of the agreement that the agency that require the performance of Section 405. Improving cybersecurity in the I reached with the majority leader was cybersecurity or other cyber-related func- health care industry. to extend the section 48 Investment tions, and report the percentage of personnel Section 405 requires the Secretary of Tax Credit for all of the eligible tech- in such positions holding the appropriate Health and Human Services to establish a certifications, the level of preparedness of nologies for 5 years and to treat each task force and not later than 1 year after the technology eligible for a 30 percent personnel without certifications to take cer- date of enactment of the task force to sub- tification exams, and a strategy for miti- mit a report on the Department of Health credit the same with respect to a phase gating any identified certification and train- and Human Services and the health care in- down in the years 2020 and 2021. The ing gaps. dustry’s preparedness to respond to cyberse- permanent 10 percent credit for eligible Section 304. Identification of cyber-related work curity threats. In support of the report, the technologies under section 48 will re- roles of critical need Secretary of Health and Human Services will main in place. Section 304 requires the head of each Fed- convene health care industry stakeholders, The majority leader and I hope to ad- eral agency to identify information tech- cybersecurity experts, and other appropriate dress this early next year in an appro- nology, cybersecurity, or other cyber-related entities, to establish a task force for ana- roles of critical need in the agency’s work- priate legislative vehicle. lyzing and disseminating information on in- Mr. DURBIN. Madam President, for force, and substantiate as such in a report to dustry-specific cybersecurity challenges and the Director of the Office of Personnel Man- solutions. several weeks, negotiations have been agement. Section 304 also requires the Direc- Consistent with subsection (e), it is ongoing on a multitude of controver- tor of the Office of Personnel Management to Congress’s intention to allow Health and sial provisions relating to the omnibus. submit a subsequent report not later than 2 Human Services the flexibility to leverage While those debates were raging in dif- years after the date of the enactment of this and incorporate ongoing activities as of the ferent parts of the Capitol, work on the Act, on critical needs for information tech- day before the date of enactment of this act Defense appropriations bill continued nology, cybersecurity, or other cyber-related to accomplish the goals set forth for this workforce across all Federal agencies, and quietly and efficiently. task force. I believe many Americans would be the implementation of this section. Section 406. Federal computer security. Section 305. Government Accountability Office surprised to know about the exemplary Section 406 requires the Inspector General level of bipartisanship that went into status reports. of any agency operating a national security Section 305 requires the Comptroller Gen- crafting this legislation, which pro- system, or a Federal computer system that vides the funding to take care of the eral of the United States to analyze and provides access to personally identifiable in- monitor the implementation of sections 303 formation, not later than 240 days after the women and men serving our country in and 304 and not later than 3 years after the date of enactment of this Act to submit a re- uniform. date of the enactment of this Act submit a port regarding the federal computer systems This bill provides for the pay and report on the status of such implementation. of such agency, to include information on benefits of each member of the Armed TITLE IV—OTHER CYBER MATTERS the standards and processes for granting or Forces, equips them with the tools Section 401. Study on mobile device security. denying specific requests to obtain and use they need, and develops the next gen- Section 401 requires the Secretary of information and related information proc- eration of technology to improve our Homeland Security not later than 1 year essing services, and a description of the data national security. after the date of the enactment of this Act security management practices used by the Neither the chairman of the Defense agency. to conduct a study on threats relating to the Appropriations Subcommittee, Senator security of the mobile devices used by the Section 407. Stopping the fraudulent sale of fi- Federal Government, and submit a report de- nancial information of people of the United COCHRAN, nor I got everything we tailing the findings and recommendations States. wanted out of this bill. Tough decisions arising from such study. Section 407 amends 18 U.S. Code § 1029 by had to be made. Section 402. Department of State international enabling the Federal Government to pros- Chairman COCHRAN supported a num- cyberspace policy strategy. ecute overseas criminals who profit from fi- ber of my suggestions for the bill, we Section 402 requires the Secretary of State nancial information that has been stolen worked together on others, and we dis- not later than 90 days after the date of the from Americans. agreed on a few. The end result is a

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.026 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8851 good bill that meets the needs of our lethal aid to the Ukraine security serv- This large and complex bill amounts national security. ices. The bill also includes $412 million to half of the discretionary budget of The Defense appropriations bill pro- to fully fund upgrades to the Army’s the United States. It is essential to our vides all the needed resources for ongo- Stryker fleet because of the threat national security, and this bill im- ing military operations, including the from Russia. proves on DOD’s budget proposals in funds requested by the President to However, the agreement takes a many ways. carry out anti-ISIL operations in Syria more cautious view of DOD’s program Once again, I would like to thank my and Iraq. to train the Syrian opposition. It is one friend, Chairman COCHRAN, for his It adds $1.2 billion to the request to of many programs for which the De- steady hand in moving this legislation account for maintaining a larger pres- partment can request funds by re- forward in a constructive and bipar- ence in Afghanistan through 2016. And programming from the Counterterror- tisan manner. The Defense Sub- because the situation in Afghanistan, ism Partnerships Fund. This process committee has a long history of strong Syria, and Iraq is so fluid, it includes improves congressional oversight as partnerships, and I am pleased that additional OCO reprogramming author- well as places the onus on DOD to jus- this tradition carries on today. ity—a total of $4.5 billion—to respond tify further expenses for the Syrian Mr. LEAHY. Madam President, hard- to unexpected events. training program. working Americans deserve more than We also maintain robust funding for The bill includes a long list of in- living paycheck to paycheck, worrying intelligence collection on traditional creases to defense programs that were about having to choose between paying and nontraditional threats to this underfunded in the President’s request. an electric bill or putting healthy food on the table. This appropriations law country, so that our Nation can con- These programs are essential to main- ends a year of continuing budget uncer- tinue to be a step ahead of threats to taining the military advantage against tainty and extends tax credits for mil- Americans and our allies. our opponents and also support a lions of hard-working families. We The DOD has a long history of sci- strong and stable defense industrial have kept out harmful riders that entific innovation for the purpose of base. would have undermined everything keeping our troops safe and providing Some of the highlights include: $1 from Wall Street reform to clean air an edge over our adversaries. We also billion for an additional DDG–51 de- and water laws. There are many steps know that millions of Americans who stroyer, 12 additional F–18 aircraft, 11 forward in this bill for Vermonters and have never served in uniform often ben- additional F–35 Joint Strike Fighters, all Americans, but we need stronger efit from these defense breakthroughs. $300 million for the Navy’s UCLASS steps. We need to carry this into the This bill provides a total of $1.94 billion drone, sufficient funding to keep the A– new year and strengthen it, to help lift for DOD medical research programs, 10 operating for another year, and $1 the middle class and to protect the which is 5 percent real growth over last billion for the National Guard and Re- most vulnerable among us. year’s funding level. serve Equipment Account. We need much more progress in cre- The medical research funding in this Finally, the bill includes a provision ating well-paying jobs in rural areas bill is directed toward competition, to guarantee competition for the like Vermont, not just in the Nation’s whether it is the $667 million in core launch of DOD satellites. I have stud- urban centers. We need to do more to research funding, the $278 million in ied the history of DOD’s space launch protect Social Security and Medicare the Peer-Reviewed Medical Research programs, and it is a testament to how and other programs in the safety net. Program, the $120 million for breast poor oversight leads to taxpayers being We need to do more to make college af- cancer research, or the variety of other stuck with an expensive bill. fordable for students and families. research programs provided in the leg- In the mid-2000s, United Launch Alli- This bill will let Congress begin the islation. ance gained a monopoly on satellite new year with focusing on America’s I have heard criticism that medical launches. Over a few short years, the middle class, taking stronger steps to research doesn’t belong in a defense cost of its rockets escalated by 65 per- help working families. By standing to- bill. cent. Just this year, SpaceX was cer- gether, Senate Democrats have made it Defense medical research is rel- tified to compete against ULA. These possible to cancel the harmful seques- atively small—NIH research funding is competitions have barely begun, and ter and to lift caps to make invest- 15 times larger—but DOD has made im- already we are seeing large savings in ments possible that will make a dif- portant breakthroughs that help serv- launch costs. But provisions in the De- ference in communities across icemembers, their families, and all fense Authorization Act are threat- Vermont—from cleanup efforts on Americans. ening to create a new launch monop- Lake Champlain, to ramping up our As one example, Army researchers oly, this time with SpaceX in charge. fight against opioid addiction, to have developed E75, a vaccine that cuts The issue is that ULA uses a Russian equipping our police officers with life- in half the chance that breast cancer rocket engine, and a new American- saving bulletproof vests. will return. Women around the country made engine will not be ready to com- This omnibus spending bill is good benefited from that breakthrough, in- pete until 2022. During that time, DOD news for my home State of Vermont, cluding those in uniform and those in wants to compete 37 launches, but too. It includes important funds for the military families seeking care at DOD under Defense authorization bills, ULA EPA’s Lake Champlain Geographic hospitals. is only allowed to win four of those Program, which will be critical as The bill also provides $2.3 billion for contracts. Vermont and the EPA take on ambi- nonmedical basic research, a $220 mil- We all want to eliminate reliance on tious new work and regulations to ad- lion increase over the President’s re- Russian engines. This bill adds $144 dress water quality and phosphorus quest. These funds help expand our million to make a new U.S.-built rock- levels in Lake Champlain. As much as knowledge of the universe in a variety et a reality as soon as possible. Vermonters and millions of visitors to of disciplines and may eventually lead I must remind Senators that NASA our State enjoy Lake Champlain, we to the next technology breakthrough and NOAA are not restricted from know that business as usual simply that will enrich our lives. using Russian engines for its satellites. will not cut it. We need serious action, The bill includes $487 million for Why should we agree to a double stand- measurable work on the ground, and U.S.-Israeli cooperative missile defense ard—a looming monopoly for national strong Federal resources in order to programs, fully funding the request security space launches but full and make real progress to clean up Lake from the Government of Israel. open competition for scientific mis- Champlain. That is why I made sup- We provide for a strong stand against sions? porting the EPA’s geographic programs Russian aggression in Europe. The Eu- The provision in this bill simply a top priority for fiscal year 2016. That ropean Reassurance Initiative, which guarantees that the Air Force for the this final bill maintains the strong increases U.S. troop presence and next year will live under the same Federal investments that were made training in more than a dozen coun- rules as NASA and NOAA, while a new last year reflects a real partnership tries, is fully funded. An additional $250 American-made rocket is developed among Federal, State, and local part- million is provided for lethal and non- and will hopefully be ready in 2022. ners.

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.073 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8852 CONGRESSIONAL RECORD — SENATE December 18, 2015 The omnibus makes essential invest- possible through the Treasury Depart- that this critical conservation pro- ments to help States and local munici- ment’s Community Development Fi- gram—which supports projects in every palities fight the scourge of opioid and nancial Institutions Fund, CDFI. Com- State, in every corner of our country— heroin addiction, which continues to munity Capital of Vermont is one of receives permanent authorization and devastate too many communities. our State’s organizations that have le- full funding—all at no expense to the Vermont has been a national leader in veraged CDFI funds and the SBA’s taxpayer. calling attention to this problem and microloan program to help neighbor- Important, too, is that this omnibus bringing together communities to find hood businesses—such as Barrio Bak- rejects efforts by industry giants to solutions. This spending package in- ery in the Old North End of Burlington, block Vermont’s Act 120, which re- cludes a number of programs that will Patchwork Farm Bakery in Hardwick, quires the labeling of genetically engi- continue to support those efforts. We Liberty Chocolates in Montpelier, and neered foods. Vermonters support their know that it will require strong Fed- Bent Hill Brewery in Randolph. This law, because they believe—as do I— eral support to join State and local ef- year we were able to increase funding that consumers have the right to know forts to address this heroin crisis. In for the CDFI program, while also in- what is in the food they are eating. An particular, this omnibus package in- creasing access to healthy food and ex- omnibus spending bill is no place to cludes funding for the Anti-Heroin panding work in rural areas. make national policy that undermines Task Force Program that began last Vermont is a northern border State, carefully crafted laws at the state year to provide support to State law and the connection we share with our level. enforcement efforts like those of the Canadian neighbors is an important As ranking member of the Depart- Vermont Drug Task Force in disman- one for our cultural and economic iden- ment of State and Foreign Operations tling supply chains trafficking heroin tity. Senators from neighboring States Appropriations Subcommittee, I want into our States. know well that some communities have to thank Chairman LINDSEY GRAHAM, Because we know that enforcement experienced unique economic chal- Chairwoman KAY GRANGER, and Rank- alone cannot solve this problem, this lenges, and that is why we worked to- ing Member NITA LOWEY for the way bill also includes increased funding for gether to create the Northern Border they worked with me and my staff to grants to expand medication assisted Regional Commission, NBRC. I appre- reach agreement on the State and for- treatment programs, and funding to eign operations title of this omnibus distribute lifesaving naloxone to pre- ciate their support and joining with me bill. Their expertise was invaluable in vent overdoses. It offers continued sup- to increase the NBRC budget to $7.5 producing a bill that provides funding port for drug court programs that pre- million for the coming year. In the for important diplomatic, develop- vent individuals suffering from addic- short time the commission has existed, ment, security, and humanitarian pri- tion from needlessly entering our it has helped companies like Superior orities of the United States and that criminal justice system and instead Technical Ceramics in St. Albans de- velop a plan to increase their exports; reflect our Nation’s values. helps set them on a path towards treat- Division K of the omnibus, for the ment and recovery. I am proud to sup- the Vermont Sustainable Jobs Fund is Department of State and foreign oper- port for funding these critical pro- helping grow Vermont’s wood products ations, provides a total of $52.7 billion grams that provide a lifeline to com- sector; an industrial park in Franklin in discretionary budget authority. This munities struggling to eliminate this County has received funds for improve- funding helps protect U.S. personnel, opioid crisis. ments to entice Canadian companies to This omnibus bill will grow jobs in expand in the United States; and—a including our diplomats, working over- Vermont and across the country. When jewel of the Northeast Kingdom— seas; funds programs to combat traf- I walk down the street in Montpelier or Willoughby Lake, will have increased ficking in persons, wildlife poaching, talk to people at the grocery store in amenities resulting in more travel and and drug smuggling; provides historic Waterbury, I hear too many stories tourism. levels of funding to combat HIV/AIDS, from Vermonters who are working two, As a result of the Bipartisan Budget tuberculosis, malaria, and other dis- even three jobs to make ends meet. Act Congress approved in October, crit- eases that threaten hundreds of mil- Congress needs to do more to spur job ical funding was restored to the HOME lions of people around the world; sup- growth, and I believe this bill will program, which helps States and com- ports key allies in countering ISIL and make a measurable impact. munities preserve existing and produce other terrorist organizations; provides The heart and soul of Vermont’s new units of affordable housing. The funds to promote renewable energy and economy are our small businesses. In Senate-passed Transportation, Housing protect the environment; and funds re- fact, over 90 percent of the employers and Urban Development bill decimated lief programs for refugees and other in Vermont are small businesses, em- the HOME program, providing a paltry victims of conflict and natural disas- ploying more than half of all $66 million. Because of the Bipartisan ters. These are just a few examples. Di- Vermonters that work in the private Budget Act, in fiscal year 2016, the vision K also includes important provi- sector. So naturally, the Small Busi- HOME program will receive $950 mil- sions to ensure transparency, combat ness Administration, SBA, and the pro- lion—an increase of $50 million over corruption, and prevent assistance to grams it supports are critically impor- 2015 funding—which will help every and encourage accountability for those tant to ensuring that Vermont busi- State, including Vermont, address crit- who would misuse U.S. assistance by nesses have access to the capital they ical housing needs. violating human rights or engaging in need to expand. Year after year, we see The National Institutes of Health, corruption or other financial crimes. all sectors of the Vermont economy the Nation’s leading medical research I am particularly pleased that the utilizing SBA programs from manufac- hub, will receive a $2 billion increase in bill includes increased funding for turing, to agriculture, clean energy, funding, which will benefit research in- agent orange remediation and health and even craft brewing. Vermont Preci- stitutions like the University of and disability programs in Vietnam; sion Tools in Swanton, which manufac- Vermont. the Leahy War Victims Fund to assist tures high-quality burs for the medical The bill continues to support commu- innocent victims of war, clear device industry, is one such example. nity health centers that will be funded unexploded bombs in Southeast Asia Pete’s Greens, a certified organic vege- at just over $5 billion next year. In and other parts of the world; and edu- table farm that has been a leader in Vermont alone, 11 federally qualified cational and cultural exchange pro- Vermont’s agricultural renaissance, is community health centers with 56 de- grams including the amount requested another. This past year, the SBA had livery sites provided care over the past for the Fulbright exchange program. In its highest level of lending in Vermont, 2 years to nearly 200,000 patients. These addition, authority is provided to help backing more than $53 million in loans. health centers employ over 900 people. threatened scholars around the world This omnibus bill will ensure that The omnibus reauthorizes for 3 years find academic institutions where they Vermonters have access to just as the Land and Water Conservation can continue their work in safety. much capital in 2016. Fund, and provides needed funding to The bill also supports programs that Another critical source of capital for support it. Early next year, I hope Con- directly benefit Vermonters, including Vermont’s businesses has been made gress will redouble its efforts to ensure the amount requested for the Peace

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.037 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8853 Corps and funding above the amount unnecessary. Congress should have the Government Accountability Office, requested for the Great Lakes Fishery been given an opportunity to study, de- and the Department of Homeland Secu- Commission to support additional sea bate, and vote on a bill of this mag- rity Office of Inspector General have lamprey control in the Great Lakes nitude under regular order—not choose all raised concerns. and the Lake Champlain Basin. between this bill and a government While the program’s flaws are obvi- I am disappointed that a provision I shutdown. I hope that, when the Senate ous to anyone paying attention, the authored, which was included in the returns next year, we can consider leg- necessary fixes are as well. I have long Senate bill, to enable the U.S. to pro- islation to mitigate the potential harm worked to improve the regional center vide technical assistance to support in- of this legislation. program, and my EB–5 amendment to vestigations, apprehensions, and pros- Of course, with this omnibus spend- the Senate’s comprehensive immigra- ecutions of those who commit genocide ing bill, the Senate will consider the tion reform bill in the last Congress and other crimes against humanity, Protecting Americans from Tax Hikes, was unanimously approved in the Judi- was not included. There are also some PATH, Act. Last year, in the closing ciary Committee. This Congress, I au- things that I wish were not in this bill, days of Congress, I opposed a 1-year, thored far-reaching reforms with including a provision carried from last retroactive extension of expiring tax Chairman GRASSLEY and House Judici- year that would weaken limits on car- credits, not because I do not support ary Chairman GOODLATTE and Ranking bon emissions from projects financed those credits, but because our small Member CONYERS. We had the support by the Export-Import Bank and Over- businesses, middle-class families, and of by far the largest trade association seas Private Investment Corporation. entrepreneurs need more certainty. representing the EB–5 industry, as well No bill is perfect, and we will undoubt- The PATH Act provides that in some as the civil rights community. We edly revisit these and other issues next instances through 2016 and in other in- pushed hard to include our reforms in year. stances with permanency. the omnibus, but some congressional I have heard from many Vermonters I am pleased that the PATH Act ex- leaders inexcusably rejected these vital concerned that controversial policy tends permanently the earned income reforms. provisions were to be included in this tax credit, EITC, and the child tax We have a comprehensive, bipartisan final spending bill. While I am grateful credit, CTC. These credits have helped reform bill that the chairmen and this final bill does not include many of Vermont families recover from the re- ranking members of both the House the poison pill policy riders included in cession. Vermont was one of the first and Senate Judiciary Committees sup- the House and Senate passed bills— States in the nation to supplement fed- port. These reforms would address the measures that would have eroded eral EITC dollars. In 2013, low-income many troubles that plague this pro- health care services, repealed Dodd- families in Vermont received an esti- gram, including increasing oversight Frank, and threatened key environ- mated $2,400 in State and Federal tax and transparency, protecting investors, mental protections, among other credits that year. For the many fami- and promoting investment and job issues—I am concerned that it includes lies who qualify for these programs, growth in underserved communities as a giveaway to Big Oil by lifting the these credits provide a significant in- Congress always intended. We cannot decades-long ban on crude oil exports. crease in take-home pay. This not only again squander this opportunity. We While I understand that, in exchange has the potential to lift families out of should act on our bill when we return for lifting the ban, the omnibus is free poverty, it also motivates many to re- in January to ensure integrity and to of several proposed policy riders that turn to the workforce. While I would demand ongoing oversight of the pro- would undermine Clean Air Act and have preferred that these extensions be gram. Clean Water Act regulations and ex- paired with an indexing proposal, ex- Mr. SESSIONS. Madam President, tends several environmental and re- tending permanency to them is wel- the bill before us today represents a co- newable energy tax measures, I share comed news for millions of American lossal addition to our Nation’s debt, the concerns of many environmental- families. which currently stands at $18.4 trillion. ists that lifting this ban will result in The PATH Act also supports small Earlier this year, the Budget Com- increased oil development and we could businesses by encouraging hiring, pro- mittee worked hard to develop a budg- see higher gasoline prices in New Eng- moting investment in low-income et plan that would balance in the next land. areas, promoting domestic renewable 10 years by saving money, cutting I am disappointed that the omnibus energy development, and encouraging costs, and examining inefficient pro- includes two policy riders that will fur- research and development. I am grate- grams and provisions. It was not easy ther wear away transparency and ac- ful that the bill includes a permanently to find the cuts necessary to achieve countability in our campaign finance extension of the charitable deduction the goals laid out in that proposal. But system. These provisions will only pro- for contributions of food inventory. I the tax extenders bill costs are a large mote the spending of dark money in have long championed this deduction. step away from getting our Nation Federal elections and further erode the It helps organizations like the back on a sound fiscal footing and ac- trust of the American people in their Vermont Food Bank and encourages complishing the objectives laid out in political system. donors to support food shelfs across the the budget plan. I am also disappointed that the omni- country. When the Joint Committee on Tax- bus is being used to jam cyber security Finally, I am deeply disappointed ation, JCT, scored the bill, they found information sharing legislation that, despite bipartisan, bicameral that in just the next year, it will add through Congress. This is not the way agreement, needed reforms to the EB–5 $157 billion to the debt, and that cost to pass major legislation, particularly regional center program were not in- will swell to $622 billion over the next one that threatens to significantly cluded in this final bill. On Tuesday 10 years. The government will have to harm Americans’ privacy rights. This evening, just hours before the bill be- borrow this money; we do not have it new version of the cyber security infor- came public, congressional leaders to spend. The Committee for a Respon- mation sharing bill—which was nego- inexplicably decided to extend the EB– sible Federal Budget, CRFB, headed by tiated behind closed doors by leaders of 5 program without any reform. The Maya MacGuiness, took an inde- the Senate and House Intelligence program was given a free pass despite pendent look at these tax provisions. Committees—rolls back a number of broad, bipartisan agreement that it is According to the CRFB, the United significant consumer and privacy pro- in urgent need of an overhaul. Time States will have to pay an additional tections that were included in the Sen- and again, concerns have been raised $130 billion in interest charges over the ate-passed bill and over which the Ju- about the regional center program’s next 10 years on the money borrowed to diciary Committee has primary juris- susceptibility to fraud, its lack of over- finance this legislation. Maya’s organi- diction, including language that could sight and transparency, and the ramp- zation makes one more important affect the scope of liability protections ant abuse of its incentives to invest in point that many here in Congress have and that would expand Federal preemp- underserved communities—under- not sufficiently considered. The $622 tion of State FOIA and transparency mining a core premise of the program. billion advertised cost will balloon laws. These changes are dangerous and Homeland Security Secretary Johnson, even further to $2 trillion over the next

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.037 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8854 CONGRESSIONAL RECORD — SENATE December 18, 2015 two decades. Certainly, many of the ets gimmicks to set policy is the oppo- developed by American workers. The provisions in this package are good, site of what we should be doing. It is a deal lifts the 40-year old ban on export but President Obama and Congress strategy that is unsustainable and of U.S. crude oil, which will create need to recognize there are limits. must be addressed if we are to properly American jobs. The deal extends wind The bill also extends costly tax cred- manage our finances. and solar tax incentives for 5 years. its that are scored rightly by the Con- In 2013, on the heels of the dev- The deal also hikes funding for the gressional Budget Office as support astating government shutdown, Con- Land and Water Conservation Fund by payments, not tax deductions; and al- gress passed the Bipartisan Budget Act 50 percent this year, which will support lows tax credits, earned income tax of 2013 to reduce uncertainty, adjust open space preservation efforts around credits, for illegal aliens favored by the budget caps to reflect current the country and in Virginia at Rappa- President Obama’s Executive amnesty needs, and put the idea of another gov- hannock River Valley National Wild- and the additional income tax credit, ernment shutdown behind us. That deal life Refuge, George Washington and which allows billions to go to illegal was a bipartisan compromise, heralded Thomas Jefferson National Forests, aliens. These provisions are unwise and by Members from both sides of the the Captain John Smith Chesapeake need serious reform before extending. aisle. We learned from that exercise National Historical Trail, and else- There are indeed some good provi- that both parties can come together to where. Finally, it includes assistance sions in this bill. Businesses across the give budget certainty to families and for U.S. oil refineries, while stopping nation will benefit by the research and businesses. virtually all policy riders seeking to development and section 179 bonus de- This year, we faced the prospect of undermine critical air and water pollu- preciation tax credits being made per- another harmful episode of sequestra- tion laws. manent. Many businesses in my State tion whereby Congress’s priority set- This bill is by no means perfect. In rely on the credits and making them ting was once again to be determined particular, while I agree with many of permanent provides consistency for by the budget law passed in 2011. Once the tax provisions included in this bill, better planning. But the $611 billion again, lawmakers came together, and a must-pass government funding bill is cost in new expenditures and lost reve- we passed the Bipartisan Budget Act of not the place to have the important nues is huge. This Congress has to 2015, another 2-year bill which set ap- tax policy debates facing this country. know that a $2 trillion addition to the propriate spending targets and gave ap- By passing this bill with so many tax debt over the next 20 years is simply propriators time to write full appro- provisions with little debate, we put off too much. This is a step away not to- priations bills for the remainder of this a broader agreement on comprehensive wards fiscal responsibility. fiscal year, thereby avoiding the risk of tax reform. I do agree with many as- It is these kinds of rationalizations shutdowns or fiscal cliffs at the end of pects of this tax deal. But by taking that can cause a country to go broke. the year. this action now, we leave other critical For perspective, Congress struggled Because of all that activity, we find tax policy decisions on the table with mightily to find $77 billion above the ourselves here today with this bill. no debate on how we as a body should gas tax to pay for the 5-year highway Within this bill there is a lot of good: prioritize these issues. bill. This tax package is so huge it will strong funding for Defense Department And I am struck by the irony that all make the highway bill costs look insig- priorities like shipbuilding and the year long we debated how to provide nificant. Ohio-class replacement; strong funding sequester relief of about $100 billion for Colleagues, we cannot be in denial for educational programs like Head our national security and for education about how much this bill costs. We all Start, Preschool Development Grants, and health and research funding that have a strong desire for tax cuts and and Teacher Quality Partnership will improve our economy. Those poli- tax reform. I have supported such bills Grants; strong funding for State De- cies needed offsets. But this tax pack- many times in the past, but this bill partment embassy security training age will increase the deficit by nearly has little reform and great cost. I am programs; strong funding for military $700 billion, and there has not been dis- disappointed that I cannot support this construction projects around Virginia; cussion of offsetting this cost. That bill. strong commitments for the environ- seems to me to be a bad precedent and Mr. KAINE. Madam President, I want ment such as the American Battlefield an unfair distinction. In an era domi- to speak today about the Omnibus ap- Protection Act, Chesapeake Bay Pro- nated by conversations about our na- propriations and tax bill. First, I want gram, and the Army Corps programs in tional debt and deficits, we should do to applaud my colleagues who have Norfolk; strong funding for the Na- better to seek ways address these worked tirelessly towards this deal for tional Park Service and for NASA’s changes in a fiscally responsible way. over a year now. Our leadership and programs at Wallops Island; and strong In the end, I choose to support this the leaders of our Appropriations, Fi- funding for Plan Central America. bill. The good in this legislation and nance, and Budget Committees have This bill also includes critically im- the need for our Federal agencies to be been setting the stage for this action portant programs on the revenue side. able to plan and set the priorities of and I want to thank them. Three critical low- and middle-income this country makes support the right This bill, H.R. 2029, the Consolidated tax programs—the child tax credit, decision. And the bipartisan character Appropriations Act, 2016, addresses earned income tax credit, and Amer- of the agreement will hopefully encour- many priorities that I have been fight- ican opportunity tax credit—have been age more such cooperation. ing for since joining the Senate in 2013. made permanent in this bill, so has the Ms. COLLINS. Madam President, the It comes on the heels of the Bipartisan research and development tax credit, cyber security bill included in the om- Budget Act we passed in October of along with an expansion in this credit nibus is a first step towards improving this year, which addressed for 2 years for startups championed by Senator our Nation’s dangerously inadequate the arbitrary budget caps set by se- COONS that I have cosponsored. Also defenses against cyber attacks. I know questration and implements the first made permanent are tax programs for that the chairman and vice chairman year of that agreement. teachers, for conservation, and for of the Senate Intelligence Committee First enacted as part of the Bipar- military families. We have made other worked hard to ensure that a cyber se- tisan Budget Control Act of 2011, these programs last for another 5 years. And curity bill passed this year. arbitrary budget caps have been hurt- others will be extended for 2 years, a Unfortunately, however, the Amer- ing our national defense and domestic step forward for these programs we ican people and economy will remain priorities since sequestration went into have been extending for only 1 year at vulnerable to a catastrophic cyber at- effect in 2013 by arbitrarily forcing a time. tack against our critical infrastructure critical agencies such as the Depart- This package also contains energy even after this bill becomes law. ment of Defense to set strategy and policy that will advance our national Critical infrastructure refers to enti- policy based on artificial caps. As a goal of generating energy cleaner to- ties that are vital to the safety, health, former mayor and Governor I have a morrow than today, while ensuring and economic well-being of the Amer- lot of experience with budgets and de- that our short-term need for fossil ican people, such as the major utilities cisionmaking. I understand using budg- fuels is met by American supplies and that run the Nation’s electric grid, the

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.036 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8855 national air transportation system ample evidence, both classified and un- There being no objection, the mate- that moves passengers and cargo safely classified, that demonstrates the rial was ordered to be printed in the from one location to another, and the threat facing critical infrastructure RECORD, as follows: elements of the financial sector that and the deficiencies in the cyber secu- U.S. SENATE, ensure the $14 trillion in payments rity capability to defend them. Washington, DC, November 30, 2015. made every day are securely routed The Director of National Intel- Hon. RICHARD BURR, through the banking system. ligence, Jim Clapper, has testified that Chairman, Senate Select Committee on Intel- The Senate-passed cyber bill included the greatest threat facing our country ligence, Washington DC. an important provision I authored with Hon. MICHAEL T. MCCAUL, is in cyber space. He has stated before House Committee on Homeland Security, the support of Senators MIKULSKI, the Armed Services Committee that Washington, DC. COATS, REED, WARNER, HEINRICH, KING, the number one cyber challenge that Hon. DEVIN NUNES, HIRONO, and WYDEN that would have re- concerns him the most is an attack on House Permanent Select Committee on Intel- quired the Department of Homeland our Nation’s critical infrastructure. ligence, Washington, DC. Security, in conjunction with the ap- His assessment is backed up by sev- Hon. DIANNE FEINSTEIN propriate Federal agencies, to under- eral intrusions into the industrial con- Vice Chairman, Senate Select Committee on In- take an assessment of the fewer than 65 trols of critical infrastructure. Since telligence, Washington, DC. critical infrastructure entities at Hon. BENNIE G. THOMPSON, 2009, the Wall Street Journal has pub- House Committee on Homeland Security, greatest risk of causing catastrophic lished reports regarding efforts by for- harm if they were the targets of a suc- Washington, DC. eign adversaries, such as China, Russia, Hon. ADAM B. SCHIFF, cessful cyber attack. and Iran, to leave behind software on House Permanent Select Committee on Intel- By ‘‘catastrophic harm,’’ the Depart- American critical infrastructure and to ligence, Washington, DC. ment of Homeland Security means a disrupt U.S. banks through cyber in- DEAR CHAIRMAN BURR, VICE CHAIRMAN single cyber attack that would likely trusions. FEINSTEIN, CHAIRMAN MCCAUL, RANKING result in 2,500 deaths, $50 billion in eco- Multiple natural gas pipeline compa- MEMBER THOMPSON, CHAIRMAN NUNES, AND nomic damage, or a severe degradation RANKING MEMBER SCHIFF: We strongly sup- of our national security. In other nies were the target of a sophisticated port the enactment of a voluntary cyberse- words, if one of these entities upon cyber intrusion campaign beginning in curity information sharing bill, which will which we depend each day were at- December 2011, and Saudi Arabia’s oil promote better communication between the tacked, the results would be dev- company, Aramco, was subject to a de- private sector and the federal government on astating. structive cyber attack in 2012. cyber threats and vulnerabilities. For 99 per- Following the assessment, the provi- When I asked Admiral Rogers, the cent of businesses, the voluntary informa- Director of the National Security tion sharing framework established in law sion then required a report to Congress should be sufficient to avoid catastrophic describing the steps that could be Agency with responsibility for cyber harm. taken to lessen the vulnerability of space, how prepared our country was It would be a mistake, however, to treat these entities and to decrease the risk for a cyber attack against our critical the country’s most critical infrastructure, of catastrophic harm resulting from infrastructure in a hearing this sum- upon which our people and our economy de- such a cyber attack against our crit- mer, he replied that we are at a ‘‘5 or pend, the same way as a retail business, such ical infrastructure. 6.’’ as a chain of small ice cream shops. That is Inexplicably, this provision, which Last month, the Deputy Director of why Section 407 of S. 754, the Cybersecurity was supported by a majority of the the NSA, Richard Ledgett, was asked Information Sharing Act (CISA) appro- members of the Senate Intelligence during a CNN interview if foreign ac- priately distinguishes between the vast ma- Committee, was eliminated in the ne- jority of businesses and those entities al- tors already have the capability of ready designated by the federal government gotiations between the leaders of the shutting down key U.S. infrastructure, as critical infrastructure at greatest risk. House and Senate Intelligence Com- such as the financial sector, energy, Unless Section 407 of S. 754, the Cybersecu- mittees. transportation, and air traffic control. rity Information Sharing Act (CISA) is re- I am told that this important provi- His response? ‘‘Absolutely.’’ tained in the final cybersecurity bill, these sion was dropped because of opposition When it comes to cyber security, ig- very different entities will be treated exactly from certain industry groups that norance is not bliss. The least we the same way under this legislation. claimed that the current investment should do is to ask DHS and the appro- Critical infrastructure refers to entities that are vital to the safety, health, and eco- and regulatory structure is sufficient priate Federal agencies to describe to protect our critical infrastructure; nomic wellbeing of the American people, what more could be done to prevent a such as the major utilities that run the na- yet our provision explicitly included catastrophic cyber attack on critical existing regulators in the assessment tion’s electrical grid. Section 407, however, infrastructure that could cause thou- only applies to the fewer than 65 entities process and required no new mandates. sands of deaths and/or a devastating that have already been designated by the De- Compromise language that would have blow to our economy or national de- partment of Homeland Security (DHS) as the made this even clearer was also re- fense. critical infrastructure entities where a cyber jected. attack would likely result in catastrophic Congress has missed an opportunity Our provision appropriately distin- harm. By catastrophic harm, DHS means a to improve our Nation’s cyber pre- guished between the vast majority of single cyber attack that would likely result businesses, such as a retail store or a paredness by refusing to even ask DHS in 2,500 deaths, $50 billion in economic dam- chain of small ice cream shops, and the or the appropriate Federal agencies to age, or a severe degradation of our national fewer than 65 critical infrastructure understand and identify what more security. entities that could debilitate the U.S. could be done to prevent a catastrophic Given these devastating consequences, we cyber attack on the fewer than 65 crit- urge you to retain Section 407 of CISA. economy or our way of life if attacked; Ample evidence, both classified and unclassi- yet the final version of the cyber bill ical infrastructure entities. A cyber attack on our critical infra- fied, testifies to the threat facing critical in- treats these very different entities in frastructure and the deficiencies in the cy- exactly the same way. structure is not a matter of ‘‘if,’’ but a bersecurity capability to defend them. Since I ask unanimous consent that a No- matter of ‘‘when.’’ We are at Sep- 2009, the Wall Street Journal has published vember 30, 2015, letter sent from a ma- tember 10 levels in terms of cyber pre- reports regarding efforts by foreign adver- jority of the Senators on the Senate In- paredness—a sentiment expressed by saries, such as China, Russia, and Iran, to telligence Committee to the chairmen former Secretary of Defense Leon Pa- leave behind software on American critical and vice chairmen of the House and netta in 2012 and in the 9/11 Commis- infrastructure or to disrupt U.S. banks Senate Intelligence Committees that sion’s 10th anniversary report released through cyber intrusions. Multiple natural last year. gas pipeline companies were the target of a corrects the RECORD on what this pro- sophisticated cyber intrusion campaign be- vision does and why it is necessary be We cannot afford to wait for a ‘‘cyber ginning in December 2011, and Saudi Arabia’s printed in the RECORD following my re- 9/11’’ before protecting our critical in- oil company, Aramco, was subject to a de- marks. frastructure. By rejecting this provi- structive cyber attack in 2012. These fewer than 65 entities warrant sion, this Congress has elected to take Admiral Mike Rogers, the Director of the our special attention because there is just such a risk. National Security Agency, has said publicly

VerDate Sep 11 2014 04:49 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.056 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8856 CONGRESSIONAL RECORD — SENATE December 18, 2015 that ‘‘We have . . . observed intrusions into If you have any questions, please do not to keep rural communities connected industrial control systems . . . what con- hesitate to contact us. to the transportation network. It will cerns us is that . . . capability can be used Sincerely, ease future congestion and help reduce by nation-states, groups or individuals to SUSAN M. COLLINS. delays for travelers in U.S. airspace. take down the capability of the control sys- DANIEL COATS. tems.’’ MARTIN HEINRICH. The bill provides funding for FAA pro- grams at 99.97 percent of the budget re- At a recent Senate Armed Services Com- MAZIE K. HIRONO. mittee hearing on cybersecurity, the Direc- BARBARA A. MIKULSKI. quest to ensure FAA’s operations and tor of National Intelligence was asked what MARK R. WARNER. safety workforce are fully funded, one cyber challenge concerned him the most. ANGUS S. KING, JR. which includes 14,500 air traffic con- He testified that it was a large-scale cyber JACK REED. trollers and more than 25,000 engineers, attack against the United States’ infrastruc- Ms. COLLINS. Madam President, I maintenance technicians, safety in- ture. At a subsequent open hearing of the rise today to speak on the fiscal year spectors, and operational support per- Senate Select Committee on Intelligence, 2016 Omnibus appropriations bill. I sonnel. Senator Collins asked Admiral Mike Rogers want to highlight the Transportation In addition to aviation safety, the how prepared our country was for such an at- tack against our critical infrastructure. His and Housing and Urban Development bill provides $50 million in rail safety answer, on a scale of 1–10, was that we are at division of the bill, which is critically grants in response to the devastating a ‘‘5 or 6’’. That is a failing grade that we important to meeting the housing rail accidents in recent years. These cannot ignore. needs of low-income, disabled, and grants will support infrastructure im- Section 407 has been mischaracterized in older Americans, to shelter the home- provements and safety technology, in- correspondence we have received, so we less, and to boost our economy and cre- cluding positive train control. would also like to clarify some key facts ate jobs through much needed infra- There are also several provisions to about it. First, Section 407 is not counter to structure investments in our roads, enhance truck safety on our Nation’s the overall voluntary nature of CISA, and it bridges, railroads, transit systems, and highways. For example, the bill re- does not impose new incident reporting re- airports. quires the Department of Transpor- quirements on the fewer than 65 covered en- tation to publish a proposed rule on tities. Of course, many critical infrastruc- Let me begin by thanking Chairman ture entities, such as those in the electrical COCHRAN and Vice Chairwoman MIKUL- speed governors, which limits the speed sector, are already subject to mandatory in- SKI for their leadership in advancing at which these trucks can operate. The cident reporting to their federal regulators. these appropriations bills. Department continues to delay this Section 407 simply requires DHS to under- I also want to acknowledge Senator rulemaking, which was initially peti- take an assessment of the critical infrastruc- JACK REED, the ranking member of the tioned by the industry itself. It is time ture that it has identified where a single cat- subcommittee, who worked closely to get this important safety rule com- astrophic cyber attack could cause deaths with me in our negotiations with the pleted and implemented. and devastation and then report to Congress House. The bill also protects critical housing what actions could be taken to lessen their I would be remiss if I did not also ac- programs by preserving existing rental vulnerability and to decrease the risk of cat- knowledge the tireless efforts staff assistance for vulnerable families and astrophic harm resulting from such an at- tack. have put into this bill throughout the individuals, including our seniors, and entire process. My staff: Heideh strengthens the Federal response to Despite claims to the contrary, Section 407 is also consistent with existing government Shahmoradi, Ken Altman, Jason the problem of youth homelessness. authority, regulations, and programs. The Woolwine, Rajat Mathur, Lydia Col- Sufficient funding is provided to keep text of the provision clearly states that the lins, and Gus Maples have made enor- pace with the rising cost of housing report and strategy required by DHS must be mous contributions. vulnerable families, ensuring that produced ‘‘in conjunction with the appro- I also want to thank Dabney Hegg, more than 4.7 million individuals and priate agency head . . .’’ Appropriate agency Rachel Milberg, Christina Monroe, and families currently receiving assistance head means the head of the existing sector- Jordan Stone on Senator REED’s staff. will not have to worry about losing specific agency for such an entity or the ex- This bill represents priorities from their housing. Without this assistance, isting federal regulator for that entity. Members on both sides of the aisle in many of these families might other- Section 407 will also likely reduce, rather both Chambers. Through considerable wise become homeless. than increase, the existing liability risk for the critical infrastructure entities that have negotiation and compromise, we have Youth homelessness is especially already been identified as being at greatest crafted a bipartisan bill that targets troubling and warrants more attention. risk of cyber attack. Liability risk is in- limited resources to meet our most es- Reflecting this concern, our bill pro- curred when an entity actually fails to miti- sential transportation and housing vides $42.5 million to expand efforts to gate cyber vulnerabilities that they should needs while ensuring effective over- reduce youth homelessness. These ef- have known about and addressed. Rather sight of these important programs. forts build on our success in reducing than increasing this risk, Section 407 seeks The bill makes important invest- veterans homelessness, which has been to share the burden of defending critical in- ments, supporting millions of jobs and reduced by 36 percent since 2010. This frastructure against the most sophisticated cyber attacks by requiring the Secretary of economic development. It invests in bill continues that effort by providing Homeland Security to conduct an assess- our Nation’s transportation infrastruc- an additional 8,000 vouchers for our ment of the cybersecurity of only the fewer ture by continuing to provide $500 mil- homeless veterans despite the adminis- than 65 entities. Following this assessment, lion for the TIGER Program. This tration’s failure to request funding for Section 407 would require the Secretary to highly competitive program creates this critically important program. develop a strategy to mitigate the risk of jobs and supports economic growth in To support local development, we catastrophic effects. The least we should do every one of our home States. provide $3 billion for the Community is to ask DHS and the appropriate federal The bill provides increased funding Development Block Grants Program. agencies to describe what more could be done for our Nation’s highway, transit, and This is an extremely popular program to prevent a catastrophic cyber attack on critical infrastructure that could cause thou- safety programs, consistent with the with the States and communities be- sands of deaths and/or a devastating blow to recently enacted highway authoriza- cause it allows them to tailor the Fed- our economy or national defense. tion bill, the FAST Act. State DOTs eral funds to support local economic Finally, we urge you to review the list of are also provided with the flexibility to and job creation projects. entities that are, in fact, covered by Section repurpose approximately $2 billion in I appreciate the opportunity to speak 407. Ironically, many of the trade associa- old, unused congressionally directed about this legislation, and I urge my tions who oppose this provision do not rep- spending and direct it toward infra- colleagues to support final passage of resent a single entity that would be covered structure projects that are of higher the omnibus. by this amendment because none of their priority today within the same geo- SECTION 702 IN DIVISION O members has been designated as critical in- Mr. BROWN. Madam President, frastructure at greatest risk. The list of en- graphic location of the original des- tities and the classified intelligence regard- ignation. today I wish to discuss section 702 in ing the threats to critical infrastructure Turning to air travel, the aviation division O of the Omnibus appropria- have been provided to your respective com- investments will continue to modernize tions bill. It is a provision that would mittees. our nation’s air traffic system and help prohibit the Treasury Department

VerDate Sep 11 2014 04:18 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.029 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8857 from selling, transferring or otherwise purpose of a conservatorship is to pre- of the authors that no grants be pro- disposing of the senior preferred shares serve and conserve the assets of the en- vided through this fund for the cre- of Fannie Mae and Freddie Mac for 2 tities in conservatorship until they are ation or federal implementation of any years. in a safe and solvent condition as de- of these programs or policies. With spe- In 2008, Treasury Secretary Hank termined by their regulator. cific regard to the National Ocean Pol- Paulson and Federal Housing Finance There being no objection, the mate- icy, its creation has already occurred Agency Director James Lockhart rial was ordered to be printed in the by Executive order, and its implemen- placed Fannie Mae and Freddie Mac RECORD, as follows: tation is the responsibility of the Na- into conservatorship and created an DEPARTMENT OF THE TREASURY, tional Ocean Council. It is the expecta- agreement that gave the Treasury De- Washington, DC, December 17, 2015. tion of the authors that no funds would partment senior preferred shares in Hon. HARRY REID, be used to support the activities of the both entities. Since that time, the Democratic Leader, U.S. Senate, National Ocean Council. GSEs helped stabilize the housing mar- Washington, DC. Mr. THUNE. Thank you, Senator DEAR MR. LEADER: In response to your re- ket by ensuring that families had ac- WHITEHOUSE, for inviting me to join quest for our view, the Treasury Department cess to 30-year fixed-rate mortgages at interprets the language of Section 702 of Di- you today to discuss the National reasonable rates and lenders had access vision O of the Military Construction and Oceans and Coastal Security Act. I to a functioning secondary market. Veterans Affairs and Related Agencies Ap- know the creation of an ocean fund has While the government was initially propriations Act, 2016, to mean that sub- been a longstanding priority of yours. forced to inject $188 billion into shor- section (b) imposes a prohibition that is I share Senator WHITEHOUSE’s under- ing up these two agencies, it has since binding until January 1, 2018. It would not be standing of the eligible uses for money collected $241 billion. Taxpayers have binding after that date. granted from the fund. It is also worth thus earned $53 billion during the con- Sincerely, noting that the National Fish and ANNE WALL, servatorship. Assistant Secretary for Legislative Affairs. Wildlife Foundation, a congressionally Mr. SCHUMER. Madam President, chartered nonprofit organization, is ex- TITLE IX will the Senator yield for a question? I plicitly prohibited in its authorizing am concerned that someone could read Mr. WHITEHOUSE. Madam Presi- legislation from providing grants that the provision as limiting a future ad- dent, I am joined by Senator THUNE, support litigation or advocacy. ministration’s authority to end the the chair of the Commerce, Science, Mr. WHITEHOUSE. Thank you for conservatorship after the 2-year prohi- and Transportation Committee, to dis- making that important point. I would bition absent congressional action. cuss title IX—National Oceans and like to further highlight that the legis- Does the provision prohibit a future ad- Coastal Security, of Division O of the lation authorizes two grant programs. ministration from taking any action Consolidated Appropriations Act, 2016. The first would direct funding to coast- after January 1, 2018, if it is in the best The legislation on which this title was al States, Indian tribes, and U.S. terri- interest of the housing market, tax- based, the National Oceans and Coastal tories. The other would create a na- payers or the broader economy? Security Act, S. 2025, is a bill I intro- tional competitive grant program open Mr. BROWN. I will say to my col- duced earlier this year, which was re- to States, local governments, and In- league from New York that it does not. ferred to the Senate Commerce Com- dian tribes, as well as associations, That is not the effect of the language. mittee. I appreciate the assistance nongovernmental organizations, pub- Any number of decisions could be made Senator THUNE and his committee staff lic-private partnerships, and academic after that date, when a new Congress have provided on this legislation. institutions to support oceans and and a new President will be in place. The National Oceans and Coastal Se- coastal research and restoration ef- Nor does this provision have any effect curity Act establishes a fund to sup- forts. on the court cases and settlements cur- port research, conservation, and res- Mr. THUNE. Thank you for that clar- rently underway challenging the valid- toration projects on our coasts and in ification. our oceans and Great Lakes. The Na- ity of the third amendment. As the CLOTURE MOTION tional Fish and Wildlife Foundation Senator from Tennessee said yester- Mr. MCCONNELL. I have a cloture and National Oceanic and Atmospheric day, ‘‘this legislation does not preju- motion at the desk. Administration—two organizations dice’’ any of those cases. The PRESIDING OFFICER. The clo- with significant expertise in ocean, Mr. REID. I associate myself with ture motion having been presented coastal, and Great Lakes issues, as well the comments of the Senator from under rule XXII, the Chair directs the as managing grants—will coordinate Ohio, Mr. BROWN. If it turns out to be clerk to read the motion. the grant programs supported by the in the best interest of borrowers, the The senior assistant legislative clerk fund. economy or to protect taxpayers, the read as follows: next administration could elect to end I thank Senator THUNE for joining CLOTURE MOTION the conservatorship on January 2, 2018. me today to help clarify this important This is the view of the Treasury De- legislation. We, the undersigned Senators, in accord- As you know, our coastal commu- ance with the provisions of rule XXII of the partment as well. I would like to sub- Standing Rules of the Senate, do hereby mit a letter written to me on this issue nities and marine economies depend move to bring to a close debate on the mo- that states that the provision binds the upon healthy oceans and Great Lakes. tion to concur in the House amendments to Treasury only until January 1, 2018, The projects supported by this fund the Senate amendment to H.R. 2029, an act and has no effect after that. will provide the science and on-the- making appropriations for military con- The agreement for this language to ground action that will help ensure a struction, the Department of Veterans Af- be included in the omnibus was that healthy environment and vibrant econ- fairs, and related agencies for the fiscal year the prohibition would sunset after 2 omy for generations to come. ending September 30, 2016, and for other pur- Any money appropriated or other- poses. years and not create a perpetual con- Mitch McConnell, John Cornyn, Thom servatorship. As then-Secretary wise made available to the fund will be Tillis, Bob Corker, Richard Burr, Lisa Paulson described, conservatorship was used to ‘‘support programs and activi- Murkowski, Roger F. Wicker, John meant to be a ‘‘time out’’ not an indefi- ties intended to better understand and Hoeven, Roy Blunt, James M. Inhofe, nite state of being. utilize ocean and coastal resources and Orrin G. Hatch, Mark Kirk, Thad Coch- Madam President, I ask unanimous coastal infrastructure, including base- ran, Kelly Ayotte, Susan M. Collins, consent that the Treasury letter be line scientific research, ocean observ- Daniel Coats. printed in the RECORD at the conclu- ing, and other programs and activi- Mr. MCCONNELL. I ask unanimous sion of the remarks by Senator BROWN. ties.’’ consent that the mandatory quorum Mr. BROWN. Madam President, I Funds may not be used for litigation under rule XXII be waived. thank the Majority Leader. The FHFA or advocacy, or the creation of na- The PRESIDING OFFICER. Without and Treasury Department could have tional marine monuments, marine pro- objection, it is so ordered. placed the GSEs into receivership if tected areas, marine spatial plans, or a There is 2 minutes of debate on this the intent was to liquidate them. The National Ocean Policy. It is the intent motion.

VerDate Sep 11 2014 04:49 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.028 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8858 CONGRESSIONAL RECORD — SENATE December 18, 2015 Who yields time? NAYS—26 NAYS—67 Mr. MCCONNELL. I yield back the Boozman Flake Scott Alexander Franken Murphy time on this side. Cassidy Lee Sessions Ayotte Gillibrand Murray Cotton Manchin Shelby Baldwin Graham Nelson The PRESIDING OFFICER. Without Crapo McCain Sullivan Barrasso Hatch Perdue objection, it is so ordered. Cruz Moran Tester Bennet Heinrich Peters Daines Paul Blumenthal Heitkamp CLOTURE MOTION Thune Reed Enzi Risch Toomey Blunt Hirono Reid The PRESIDING OFFICER. Under Ernst Sanders Vitter Booker Hoeven Roberts Fischer Sasse Brown Inhofe the previous order, pursuant to rule Rounds Cantwell Isakson Schatz XXII, the Chair lays before the Senate NOT VOTING—2 Capito Johnson Schumer the pending cloture motion, which the Boxer Rubio Cardin Kaine Shaheen clerk will state. Carper King The PRESIDING OFFICER. On this Casey Kirk Stabenow The senior assistant legislative clerk vote, the yeas are 72, the nays are 26. Coats Klobuchar Tester read as follows: Three-fifths of the Senators duly cho- Cochran Leahy Tillis Collins Markey Udall CLOTURE MOTION sen and sworn having voted in the af- Coons McCaskill Warner We, the undersigned Senators, in accord- firmative, the motion is agreed to. Corker McConnell Warren ance with the provisions of rule XXII of the Cloture having been invoked, under Cornyn Menendez Whitehouse Standing Rules of the Senate, do hereby the previous order, all postcloture time Donnelly Merkley Wicker move to bring to a close debate on the mo- Durbin Mikulski Wyden is yielded back. Feinstein Murkowski tion to concur in the House amendments to The majority leader. the Senate amendment to H.R. 2029, an act NOT VOTING—2 Mr. MCCONNELL. Madam President, making appropriations for military con- Boxer Rubio struction, the Department of Veterans Af- I am going to ask everybody to take their seats. I am going to ask everyone The motion was rejected. fairs, and related agencies for the fiscal year The PRESIDING OFFICER. The Sen- ending September 30, 2016, and for other pur- to sit in their seat. ator from West Virginia. poses. I ask unanimous consent for the next Mr. MANCHIN. Madam President, I Mitch McConnell, John Cornyn, Thom votes to be 10 minutes, which I think raise a point of order that the pending Tillis, Bob Corker, Richard Burr, Lisa would be widely applauded, if anybody motion to concur violates section Murkowski, Roger F. Wicker, John is listening. Hoeven, Roy Blunt, James M. Inhofe, 311(a)(2)(B) of the Congressional Budget Orrin G. Hatch, Mark Kirk, Thad Coch- The PRESIDING OFFICER. Without Act of 1974. ran, Kelly Ayotte, Susan M. Collins, objection, it is so ordered. The PRESIDING OFFICER. The Sen- Daniel Coats. MOTION TO TABLE ator from Oregon. The PRESIDING OFFICER. By unan- Mr. MCCONNELL. I move to table Mr. WYDEN. Madam President, pur- imous consent, the mandatory quorum the first House amendment to the Sen- suant to section 904 of the Congres- call has been waived. ate amendment to H.R. 2029 and ask for sional Budget Act of 1974 and the waiv- The question is, Is it the sense of the the yeas and nays. er provisions of applicable budget reso- Senate that debate on the motion to Is there a sufficient second? lutions, I move to waive all applicable concur in the House amendments to There is a sufficient second. sections of that act and applicable the Senate amendment to H.R. 2029 Under the previous order, there is 2 budget resolutions for purposes of the shall be brought to a close? minutes of debate equally divided. House message to accompany H.R. 2029, The yeas and nays are mandatory Who yields time? and I ask for the yeas and nays. under the rule. Mr. MCCONNELL. I yield back. The PRESIDING OFFICER. Is there a sufficient second? The clerk will call the roll. The PRESIDING OFFICER. The Sen- ator from Maryland. There appears to be a sufficient sec- The senior assistant legislative clerk ond. called the roll. Ms. MIKULSKI. Madam President, I urge a ‘‘no’’ vote on the motion to The yeas and nays were ordered. Mr. CORNYN. The following Senator table. This is the time to avoid a shut- The PRESIDING OFFICER. There is necessarily absent: the Senator from down or a slow time. It is time to pass are 2 minutes of debate on the motion. Florida (Mr. RUBIO). The Senator from West Virginia. the omnibus, protect America, help the Mr. MANCHIN. Madam President, all Mr. DURBIN. I announce that the middle class, and meet our constitu- Senator from California (Mrs. BOXER) I am asking for in raising this point of tional responsibilities. order—the tax extender legislation will is necessarily absent. Vote no on the motion to table, and The PRESIDING OFFICER. Are there reduce revenues below the fiscal year let’s get on with the bill. 2016 budget agreement and would vio- any other Senators in the Chamber de- The PRESIDING OFFICER. The siring to vote? late section 311. All I am asking for is question is on agreeing to the motion. to separate the votes. If you are proud The yeas and nays resulted—yeas 72, The clerk will call the roll. nays 26, as follows: and you want to vote for the extender, Mr. CORNYN. The following Senator please do so. Voting no on this sepa- [Rollcall Vote No. 336 Leg.] is necessarily absent: the Senator from rates it, so you will have a vote on the YEAS—72 Florida (Mr. RUBIO). extenders and a vote on the omnibus Alexander Franken Merkley Mr. DURBIN. I announce that the bill. Go home and explain it. There are Ayotte Gardner Mikulski Senator from California (Mrs. BOXER) good things in both. But give us a Baldwin Gillibrand Murkowski is necessarily absent. chance—basically, those who don’t Barrasso Graham Murphy The PRESIDING OFFICER. Are there Bennet Grassley Murray agree—and do not take the cowardly Blumenthal Hatch Nelson any other Senators in the Chamber de- way out by putting them all into one. Blunt Heinrich Perdue siring to vote? That is all we are doing. Booker Heitkamp Peters The result was announced—yeas 31, Brown Heller Portman If Tom Brokaw writes his new book Burr Hirono Reed nays 67, as follows: after ‘‘The Greatest Generation,’’ we Cantwell Hoeven Reid [Rollcall Vote No. 337 Leg.] are going to be the worst generation by Capito Inhofe Roberts Cardin Isakson Rounds YEAS—31 saddling this debt on our children and Carper Johnson Schatz Boozman Gardner Sanders grandchildren. What we are doing here Casey Kaine Schumer Burr Grassley Sasse is something unconscionable—2,200 Coats King Shaheen Cassidy Heller Scott pages all wrapped into one. Cochran Kirk Stabenow Cotton Lankford Sessions All I am asking for is a ‘‘no’’ vote so Collins Klobuchar Tillis Crapo Lee Shelby Coons Lankford Udall Cruz Manchin Sullivan we can separate it, go home, and ex- Corker Leahy Warner Daines McCain Thune plain it. I think we owe that to the Cornyn Markey Warren Enzi Moran Toomey Donnelly McCaskill Whitehouse Ernst Paul people. Vitter Durbin McConnell Wicker Fischer Portman We are at 16 percent now. We can’t go Feinstein Menendez Wyden Flake Risch much lower, but we are trying, I know

VerDate Sep 11 2014 04:18 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.024 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8859 that. So I appreciate that very much. I Brown Heinrich Perdue [Rollcall Vote No. 339 Leg.] encourage a ‘‘no’’ vote on this. We will Cantwell Heitkamp Peters YEAS—65 Capito Heller Reed separate the two, vote them up or Cardin Hirono Reid Alexander Feinstein Mikulski down, go home and explain them, and Casey Hoeven Roberts Ayotte Franken Murkowski Coats Inhofe Rounds Baldwin Gardner Murphy be proud of what we are doing in the Barrasso Gillibrand Cochran Isakson Schatz Murray Senate. Bennet Graham Collins Johnson Schumer Nelson Coons Kaine Blumenthal Hatch The PRESIDING OFFICER. The Sen- Scott Perdue Corker Kirk Blunt Heinrich ator from Oregon. Shaheen Peters Cornyn Klobuchar Booker Heitkamp Reed Mr. WYDEN. Madam President, col- Stabenow Brown Heller Cotton Leahy Reid Sullivan Cantwell Hirono leagues, this bipartisan package is the Donnelly Markey Roberts Durbin McCain Thune Capito Hoeven biggest tax cut for working families Rounds Ernst McConnell Tillis Cardin Inhofe Schatz and the biggest anti-poverty plan Con- Feinstein Merkley Toomey Carper Isakson Schumer gress has moved forward in decades, Franken Mikulski Udall Casey Johnson and it is the biggest bipartisan tax Gardner Moran Vitter Coats Kaine Shaheen Stabenow agreement in 15 years. Gillibrand Murkowski Whitehouse Cochran King Graham Murphy Wicker Collins Kirk Tillis All together, 50 million Americans Grassley Murray Wyden Coons Klobuchar Udall are going to benefit from the child tax Hatch Nelson Corker Lankford Warner credit and the expanded earned-income Cornyn Leahy Warren NAYS—25 Donnelly McConnell Whitehouse tax credit because they are made per- Durbin Menendez Wicker manent. And on a permanent basis, Burr King Sanders Carper Lankford Sasse NAYS—33 students will be able to count on the Cassidy Lee Sessions Boozman Grassley Sanders Crapo Manchin American opportunity tax credit to Shelby Burr Lee Sasse Cruz McCaskill cover up to $10,000 of a 4-year college Tester Cassidy Manchin Scott Daines Menendez Warner Cotton Markey Sessions education. That is a lot of money they Enzi Paul Warren Crapo McCain Shelby won’t have to borrow. Fischer Portman Cruz McCaskill Sullivan Flake Risch This also includes a permanent tax Daines Merkley Tester break for research and development, NOT VOTING—2 Enzi Moran Thune which for the first time will be avail- Ernst Paul Toomey Boxer Rubio Fischer Portman Vitter able on a widespread basis to help Flake Risch Wyden small businesses and startups pay The PRESIDING OFFICER. On this wages—a booster shot for the innova- vote, the yeas are 73, the nays are 25. NOT VOTING—2 tion economy in America. There will Three-fifths of the Senators duly cho- Boxer Rubio be permanent small business expensing sen and sworn having voted in the af- The motion was agreed to. that is going to help our employers in- firmative, the motion to waive is f vest and grow. agreed to. MORNING BUSINESS To just wrap up, it will include per- MOTION TO CONCUR manent small business expensing to The PRESIDING OFFICER. The ma- help many employers invest and grow The PRESIDING OFFICER. The jority leader. and create new highways and high- question now occurs on the motion to f concur. skilled jobs for our people. I believe, fi- PATIENT ACCESS AND MEDICARE nally, this clears the deck for us to There is 2 minutes for debate equally PROTECTION ACT move to comprehensive bipartisan tax divided. Mr. MCCONNELL. Mr. President, I reform because it provides the breath- The majority’s time is yielded back. ask unanimous consent that the Sen- ing room Congress needs to throw the The Senator from Maryland. ate now proceed to the consideration of broken Tax Code into the trash can and Ms. MIKULSKI. Madam President, S. 2425. get bipartisan tax reform. this is a bill that protects America. It The PRESIDING OFFICER. The So I urge my colleagues to waive the rebuilds it and invests in the future. I clerk will report the bill by title. budget point of order, give millions of think it is a great bill, as a result of bi- The senior assistant legislative clerk families across this country the pre- partisan effort. read as follows: dictability and certainty they need on Let’s vote for it, and may the force A bill (S. 2425) to amend titles XVIII and their taxes, and put this Congress on a XIX of the Social Security Act to improve be with us. path toward achieving bipartisan com- payments for complex rehabilitation tech- prehensive tax reform in the days Mr. MENENDEZ. I ask for the yeas nology and certain radiation therapy serv- ahead. and nays. ices, to ensure flexibility in applying the The PRESIDING OFFICER. Is there a hardship exception for meaningful use for I yield the floor. the 2015 EHR reporting period for 2017 pay- The PRESIDING OFFICER. The sufficient second? ment adjustments, and for other purposes. question is on agreeing to the motion. There appears to be a sufficient sec- There being no objection, the Senate The yeas and nays have been ordered. ond. proceeded to consider the bill. The clerk will call the roll. The question is on agreeing to the Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk motion to concur. ask unanimous consent that the bill be called the roll. The clerk will call the roll. read a third time. Mr. CORNYN. The following Senator The legislative clerk called the roll. The PRESIDING OFFICER. Without is necessarily absent: the Senator from objection, it is so ordered. Mr. CORNYN. The following Senator The bill was ordered to be engrossed Florida (Mr. RUBIO). is necessarily absent: the Senator from Mr. DURBIN. I announce that the for a third reading and was read the Florida (Mr. RUBIO). third time. Senator from California (Mrs. BOXER) Further, if present and voting, the Mr. MCCONNELL. I know of no fur- is necessarily absent. Senator from Florida (Mr. RUBIO) ther debate on this measure. The PRESIDING OFFICER. Are there would have voted ‘‘No.’’ The PRESIDING OFFICER. If there any other Senators in the Chamber de- Mr. DURBIN. I announce that the is no further debate, the bill having siring to vote? been read the third time, the question The yeas and nays resulted—yeas 73, Senator from California (Mrs. BOXER) is necessarily absent. is, Shall the bill pass? nays 25, as follows: The bill (S. 2425) was passed, as fol- [Rollcall Vote No. 338 Leg.] The PRESIDING OFFICER (Mr. lows: COATS). Are there any other Senators YEAS—73 S. 2425 in the Chamber desiring to vote? Alexander Barrasso Blunt Be it enacted by the Senate and House of Rep- Ayotte Bennet Booker The result was announced—yeas 65, resentatives of the United States of America in Baldwin Blumenthal Boozman nays 33, as follows: Congress assembled,

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.028 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8860 CONGRESSIONAL RECORD — SENATE December 18, 2015 SECTION 1. SHORT TITLE. SEC. 3. TRANSITIONAL PAYMENT RULES FOR SEC. 6. STRENGTHENING MEDICAID PROGRAM This Act may be cited as the ‘‘Patient Ac- CERTAIN RADIATION THERAPY INTEGRITY THROUGH FLEXIBILITY. SERVICES UNDER THE MEDICARE cess and Medicare Protection Act’’. PHYSICIAN FEE SCHEDULE. Section 1936 of the Social Security Act (42 U.S.C. 1396u–6) is amended— SEC. 2. NON-APPLICATION OF MEDICARE FEE (a) IN GENERAL.—Section 1848 of the Social (1) in subsection (a), by inserting ‘‘, or oth- SCHEDULE ADJUSTMENTS FOR Security Act (42 U.S.C. 1395w–4) is amended— erwise,’’ after ‘‘entities’’; and WHEELCHAIR ACCESSORIES AND (1) in subsection (b), by adding at the end SEAT AND BACK CUSHIONS WHEN (2) in subsection (e)— the following new paragraph: FURNISHED IN CONNECTION WITH (A) in paragraph (1), in the matter pre- ‘‘(11) SPECIAL RULE FOR CERTAIN RADIATION COMPLEX REHABILITATIVE POWER ceding subparagraph (A), by inserting ‘‘(in- THERAPY SERVICES.—The code definitions, WHEELCHAIRS. cluding the costs of equipment, salaries and the work relative value units under sub- (a) NON-APPLICATION.— benefits, and travel and training)’’ after section (c)(2)(C)(i), and the direct inputs for (1) IN GENERAL.—Notwithstanding any ‘‘Program under this section’’; and the practice expense relative value units other provision of law, the Secretary of (B) in paragraph (3), by striking ‘‘by 100’’ under subsection (c)(2)(C)(ii) for radiation Health and Human Services shall not, prior and inserting ‘‘by 100, or such number as de- treatment delivery and related imaging serv- to January 1, 2017, use information on the termined necessary by the Secretary to ices (identified in 2016 by HCPCS G-codes payment determined under the competitive carry out the Program,’’. acquisition programs under section 1847 of G6001 through G6015) for the fee schedule es- the Social Security Act (42 U.S.C. 1395w–3)) tablished under this subsection for services SEC. 7. ESTABLISHING MEDICARE ADMINISTRA- furnished in 2017 and 2018 shall be the same TIVE CONTRACTOR ERROR REDUC- to adjust the payment amount that would TION INCENTIVES. otherwise be recognized under section as such definitions, units, and inputs for 1834(a)(1)(B)(ii) of such Act (42 U.S.C. such services for the fee schedule established (a) IN GENERAL.—Section 1874A(b)(1)(D) of 1395m(a)(1)(B)(ii)) for wheelchair accessories for services furnished in 2016.’’; and the Social Security Act (42 U.S.C. 1395kk– (including seating systems) and seat and (2) in subsection (c)(2)(K), by adding at the 1(b)(1)(D)) is amended— back cushions when furnished in connection end the following new clause: (1) by striking ‘‘QUALITY.—The Secretary’’ with Group 3 complex rehabilitative power ‘‘(iv) TREATMENT OF CERTAIN RADIATION and inserting ‘‘QUALITY.— wheelchairs. THERAPY SERVICES.—Radiation treatment de- ‘‘(i) IN GENERAL.—Subject to clauses (ii) (2) IMPLEMENTATION.—Notwithstanding any livery and related imaging services identi- and (iii), the Secretary’’; and other provision of law, the Secretary may fied under subsection (b)(11) shall not be con- (2) by inserting after clause (i), as added by implement this subsection by program in- sidered as potentially misvalued services for paragraph (1), the following new clauses: struction or otherwise. purposes of this subparagraph and subpara- ‘‘(ii) IMPROPER PAYMENT RATE REDUCTION graph (O) for 2017 and 2018.’’. INCENTIVES.—The Secretary shall provide in- (b) GAO STUDY AND REPORT.— (b) REPORT TO CONGRESS ON ALTERNATIVE centives for medicare administrative con- (1) STUDY.— PAYMENT MODEL.—Not later than 18 months tractors to reduce the improper payment (A) IN GENERAL.—The Comptroller General after the date of the enactment of this Act, error rates in their jurisdictions. of the United States shall conduct a study on the Secretary of Health and Human Services ‘‘(iii) INCENTIVES.—The incentives provided wheelchair accessories (including seating shall submit to Congress a report on the de- for under clause (ii)— systems) and seat and back cushions fur- velopment of an episodic alternative pay- ‘‘(I) may include a sliding scale of award nished in connection with Group 3 complex ment model for payment under the Medicare fee payments and additional incentives to rehabilitative power wheelchairs. Such study program under title XVIII of the Social Se- medicare administrative contractors that ei- shall include an analysis of the following curity Act for radiation therapy services fur- ther reduce the improper payment rates in with respect to such wheelchair accessories nished in nonfacility settings. their jurisdictions to certain thresholds, as and seat and back cushions in each of the determined by the Secretary, or accomplish groups described in clauses (i) through (iii) SEC. 4. ENSURING FLEXIBILITY IN APPLYING tasks, as determined by the Secretary, that of subparagraph (B): HARDSHIP EXCEPTION FOR MEAN- further improve payment accuracy; and (i) The item descriptions and associated INGFUL USE FOR 2015 EHR REPORT- ING PERIOD FOR 2017 PAYMENT AD- ‘‘(II) may include substantial reductions in HCPCS codes for such wheelchair accessories JUSTMENTS. award fee payments under cost-plus-award- and seat and back cushions. (a) ELIGIBLE PROFESSIONALS.—Section fee contracts, for medicare administrative (ii) A breakdown of utilization and expend- 1848(a)(7)(B) of the Social Security Act (42 contractors that reach an upper end im- itures for such wheelchair accessories and U.S.C. 1395w–4(a)(7)(B)) is amended, in the proper payment rate threshold or other seat and back cushions under title XVIII of first sentence, by inserting ‘‘(and, with re- threshold as determined by the Secretary, or the Social Security Act. spect to the payment adjustment under sub- fail to accomplish tasks, as determined by (iii) A comparison of the payment amount paragraph (A) for 2017, for categories of eligi- the Secretary, that further improve payment under the competitive acquisition program ble professionals, as established by the Sec- accuracy.’’. under section 1847 of such Act (42 U.S.C. retary and posted on the Internet website of 1395w–3) with the payment amount that (b) EFFECTIVE DATE.— the Centers for Medicare & Medicaid Serv- would otherwise be recognized under section (1) IN GENERAL.—The amendments made by ices prior to December 15, 2015, an applica- 1834 of such Act (42 U.S.C. 1395m), including subsection (a) shall apply to contracts en- tion for which must be submitted to the Sec- beneficiary cost sharing, for such wheelchair tered into or renewed on or after the date retary by not later than March 15, 2016)’’ accessories and seat and back cushions. that is 3 years after the date of enactment of after ‘‘case-by-case basis’’. (iv) The aggregate distribution of such this Act. (b) ELIGIBLE HOSPITALS.—Section wheelchair accessories and seat and back (2) APPLICATION TO EXISTING CONTRACTS.— 1886(b)(3)(B)(ix) of the Social Security Act (42 cushions furnished under such title XVIII In the case of contracts in existence on or U.S.C. 1395ww(b)(3)(B)(ix)) is amended— within each of the groups described in sub- after the date of the enactment of this Act (1) in the first sentence of subclause (I), by paragraph (B). and that are not subject to the effective date striking ‘‘(n)(6)(A)’’ and inserting ‘‘(n)(6)’’; (v) Other areas determined appropriate by under paragraph (1), the Secretary of Health and the Comptroller General. and Human Services shall, when appropriate (2) in subclause (II), in the first sentence, (B) GROUPS DESCRIBED.—The following and practicable, seek to apply the incentives by inserting ‘‘(and, with respect to the appli- groups are described in this subparagraph: provided for in the amendments made by cation of subclause (I) for fiscal year 2017, for (i) Wheelchair accessories and seat and subsection (a) through contract modifica- categories of subsection (d) hospitals, as es- back cushions furnished predominantly with tions. tablished by the Secretary and posted on the Group 3 complex rehabilitative power wheel- Internet website of the Centers for Medicare SEC. 8. STRENGTHENING PENALTIES FOR THE IL- chairs. LEGAL DISTRIBUTION OF A MEDI- & Medicaid Services prior to December 15, (ii) Wheelchair accessories and seat and CARE, MEDICAID, OR CHIP BENE- 2015, an application for which must be sub- back cushions furnished predominantly with FICIARY IDENTIFICATION OR BILL- mitted to the Secretary by not later than power wheelchairs that are not described in ING PRIVILEGES. April 1, 2016)’’ after ‘‘case-by-case basis’’. clause (i). Section 1128B(b) of the Social Security Act (iii) Other wheelchair accessories and seat (c) IMPLEMENTATION.—Notwithstanding (42 U.S.C. 1320a–7b(b)) is amended by adding and back cushions furnished with either any other provision of law, the Secretary of at the end the following: power wheelchairs described in clause (i) or Health and Human Services shall implement ‘‘(4) Whoever without lawful authority (ii). the provisions of, and the amendments made knowingly and willfully purchases, sells or by, subsections (a) and (b) by program in- (2) REPORT.—Not later than June 1, 2016, distributes, or arranges for the purchase, the Comptroller General of the United States struction, such as through information on sale, or distribution of a beneficiary identi- shall submit to Congress a report containing the Internet website of the Centers for Medi- fication number or unique health identifier the results of the study conducted under care & Medicaid Services. for a health care provider under title XVIII, paragraph (1), together with recommenda- SEC. 5. MEDICARE IMPROVEMENT FUND. title XIX, or title XXI shall be imprisoned tions for such legislation and administrative Section 1898(b)(1) of the Social Security for not more than 10 years or fined not more as the Comptroller General determines to be Act (42 U.S.C. 1395iii(b)(1)) is amended by than $500,000 ($1,000,000 in the case of a cor- appropriate. striking ‘‘$5,000,000’’ and inserting ‘‘$0’’. poration), or both.’’.

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.018 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8861 SEC. 9. IMPROVING THE SHARING OF DATA BE- The PRESIDING OFFICER. The But local action isn’t enough to solve a TWEEN THE FEDERAL GOVERNMENT clerk will report the bill by title. nationwide problem like this—not AND STATE MEDICAID PROGRAMS. (a) IN GENERAL.—The Secretary of Health The senior assistant legislative clerk when so many communities in different and Human Services (in this section referred read as follows: States are connected by the same bod- to as the ‘‘Secretary’’) shall establish a plan A bill (H.R. 1321) to amend the Federal ies of water—because no one is immune to encourage and facilitate the participation Food, Drug, and Cosmetic Act to prohibit when our waterways are contaminated. of States in the Medicare-Medicaid Data the manufacture and introduction or deliv- Congress had a responsibility to act— Match Program (commonly referred to as ery for introduction into interstate com- to stop the flow of microbeads into our the ‘‘Medi-Medi Program’’) under section merce of rinse-off cosmetics containing in- waterways. 1893(g) of the Social Security Act (42 U.S.C. tentionally-added plastic microbeads. And today we are doing our job in 1395ddd(g)). There being no objection, the Senate (b) PROGRAM REVISIONS TO IMPROVE MEDI- passing this Federal ban on these prod- proceeded to consider the bill. MEDI DATA MATCH PROGRAM PARTICIPATION ucts. BY STATES.—Section 1893(g)(1)(A) of the So- Mrs. GILLIBRAND. Mr. President, The Microbead-Free Waters Act of cial Security Act (42 U.S.C. 1395ddd(g)(1)(A)) across the country, many State and 2015 will prohibit the manufacture of is amended— local governments, including counties rinse-off cosmetic products containing (1) in the matter preceding clause (i), by in New York, have moved to ban prod- plastic microbeads starting in 2017 and inserting ‘‘or otherwise’’ after ‘‘eligible enti- ucts that contain plastic microbeads. ties’’; will ensure that they are off retail Because of their leadership and be- shelves by 2018. (2) in clause (i)— cause of the advocacy from scientists (A) by inserting ‘‘to review claims data’’ And while this bill preempts States after ‘‘algorithms’’; and and others who have shown us the dam- from regulating rinse-off products con- (B) by striking ‘‘service, time, or patient’’ age that microbeads can do, Congress taining plastic microbeads differently and inserting ‘‘provider, service, time, or pa- came together to unanimously ban from the Federal ban, individual States tient’’; plastic microbeads from rinse-off cos- will still have the ability to restrict (3) in clause (ii)— metic products. microbeads in other types of products. (A) by inserting ‘‘to investigate and re- This is a great bill, and it shows that cover amounts with respect to suspect Additionally, the preemption lan- we can pass smart environmental legis- guage in this bill restricts their manu- claims’’ after ‘‘appropriate actions’’; and lation here in Washington. (B) by striking ‘‘; and’’ and inserting a facture and distribution in interstate semicolon; Plastic microbeads are the tiny commerce and should not prevent (4) in clause (iii), by striking the period pieces of plastic that we often see in States or local governments from regu- and inserting‘‘ ; and’’; and toothpaste, hand lotion, or various lating how microbeads are disposed of (5) by adding at the end the following new other personal care products. under laws such as the Clean Water clause: When we brush our teeth and wash Act. ‘‘(iv) furthering the Secretary’s design, de- our face, most of us don’t consider States can also co-enforce the Fed- velopment, installation, or enhancement of these acts to be harmful in any way. an automated data system architecture— eral ban by enacting identical laws. But plastic microbeads are smaller This is a great bipartisan bill. And it ‘‘(I) to collect, integrate, and assess data than 5 millimeters in size, which means for purposes of program integrity, program is a smart step forward, as we look for oversight, and administration, including the they are too small to be captured by new ways to protect our environment. Medi-Medi Program; and the filtration systems in our water Mr. MCCONNELL. Mr. President, I ‘‘(II) that improves the coordination of re- treatment centers. ask unanimous consent that the bill be quests for data from States.’’. So these plastic microbeads end up read a third time and passed, and the (c) PROVIDING STATES WITH DATA ON IM- leaching into our lakes, our rivers, our PROPER PAYMENTS MADE FOR ITEMS OR SERV- motion to reconsider be considered streams, our bays, and even our drink- made and laid upon the table. ICES PROVIDED TO DUAL ELIGIBLE INDIVID- ing water supplies. UALS.— The PRESIDING OFFICER. Without It might be surprising that a piece of (1) IN GENERAL.—The Secretary shall de- objection, it is so ordered. velop and implement a plan that allows each plastic so small can cause such out- The bill (H.R. 1321) was ordered to a State agency responsible for administering a sized damage. third reading, was read the third time, State plan for medical assistance under title But we have heard from a wide range and passed. XIX of the Social Security Act access to rel- of constituents and business groups evant data on improper or fraudulent pay- that all recognize the damage, and all f ments made under the Medicare program recommended that Congress act to re- ELECTRIFY AFRICA ACT OF 2015 under title XVIII of the Social Security Act move plastic microbeads from the mar- (42 U.S.C. 1395 et seq.) for health care items Mr. MCCONNELL. Mr. President, I ketplace. or services provided to dual eligible individ- ask unanimous consent that the Sen- We have heard it from the fishing in- uals. ate proceed to the immediate consider- dustry, from the tourism industry, (2) DUAL ELIGIBLE INDIVIDUAL DEFINED.—In ation of Calendar No. 291, S. 2152. from the culinary industry. Even the this section, the term ‘‘dual eligible indi- The PRESIDING OFFICER. The vidual’’ means an individual who is entitled cosmetics industry is supportive of this clerk will report the bill by title. to, or enrolled for, benefits under part A of ban. Many cosmetics companies have The senior assistant legislative clerk title XVIII of the Social Security Act (42 already voluntarily stopped using read as follows: U.S.C. 1395c et seq.), or enrolled for benefits microbeads themselves. under part B of title XVIII of such Act (42 When tiny plastic microbeads get A bill (S. 2152) to establish a comprehen- U.S.C. 1395j et seq.), and is eligible for med- into the water, they attract pollutants sive United States Government policy to en- ical assistance under a State plan under title courage the efforts of countries in sub-Saha- XIX of such Act (42 U.S.C. 1396 et seq.) or that are already in the water, and they ran Africa to develop an appropriate mix of under a waiver of such plan. concentrate these pollutants to poten- power solutions, including renewable energy, Mr. MCCONNELL. I ask unanimous tially dangerous levels. for more broadly distributed electricity ac- consent that the motion to reconsider Fish don’t know what microbeads cess in order to support poverty reduction, be considered made and laid upon the are, so they eat them and end up in- promote development outcomes, and drive economic growth, and for other purposes. table. gesting all of the pollutants stuck on The PRESIDING OFFICER. Without the microbeads. There being no objection, the Senate objection, it is so ordered. This disrupts the food chain, it con- proceeded to consider the bill, which f taminates huge portions of the wildlife had been reported from the Committee population, and it hurts our commer- on Foreign Relations, with amend- MICROBEAD-FREE WATERS ACT OF cial and recreational fishing industries, ments. 2015 because they can’t sell—and we can’t (Omit the parts in boldface brackets Mr. MCCONNELL. Mr. President, I eat—fish that are filled with toxic plas- and insert the parts printed in italic.) ask unanimous consent that the Sen- tic. S. 2152 ate proceed to the immediate consider- Many of our counties, cities, and Be it enacted by the Senate and House of Rep- ation of H.R. 1321, which was received States took the lead on this issue, and resentatives of the United States of America in from the House. they should be commended for that. Congress assembled,

VerDate Sep 11 2014 04:18 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.018 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8862 CONGRESSIONAL RECORD — SENATE December 18, 2015 SECTION 1. SHORT TITLE. (1) The objectives of the strategy and the (8) A description of the mechanisms to be This Act may be cited as the ‘‘Electrify Af- criteria for determining the success of the established for— rica Act of 2015’’. strategy. (A) selection of partner countries for fo- SEC. 2. PURPOSE. (2) A general description of efforts in sub- cused engagement on the power sector; Saharan Africa to— (B) monitoring and evaluating increased The purpose of this Act is to encourage the (A) increase power production; access to, and reliability and affordability efforts of countries in sub-Saharan Africa to (B) strengthen electrical transmission and of, power in sub-Saharan Africa; improve access to affordable and reliable distribution infrastructure; (C) maximizing the financial sustainability electricity in Africa in order to unlock the (C) provide for regulatory reform and of power generation, transmission, and dis- potential for inclusive economic growth, job transparent and accountable governance and tribution in sub-Saharan Africa; creation, food security, improved health, oversight; (D) establishing metrics to demonstrate education, and environmental outcomes, and (D) improve the reliability of power; progress on meeting goals relating to access poverty reduction. (E) maintain the affordability of power; to power, power generation, and distribution SEC. 3. STATEMENT OF POLICY. (F) maximize the financial sustainability in sub-Saharan Africa; and It is the policy of the United States to of the power sector; and (E) terminating unsuccessful programs. partner, consult, and coordinate with the (G) improve øaccess to power¿ non-discrimi- (9) A description of how the President in- governments of sub-Saharan African coun- natory access to power that is done in consulta- tends to promote trade in electrical equip- tries, international financial institutions, tion with affected communities. ment with countries in sub-Saharan Africa, and African regional economic communities, (3) A description of plans to support efforts including a description of how the govern- cooperatives, and the private sector, in a of countries in sub-Saharan Africa to in- ment of each country receiving assistance concerted effort to— crease access to power in urban and rural pursuant to the strategy— (1) promote first-time access to power and areas, including a description of plans de- (A) plans to lower or eliminate import tar- power services for at least 50,000,000 people in signed to address commercial, industrial, iffs or other taxes for energy and other sub-Saharan Africa by 2020 in both urban and and residential needs. power production and distribution tech- rural areas; (4) A description of plans to support efforts nologies destined for sub-Saharan Africa, in- (2) encourage the installation of at least to reduce waste and corruption, ensure local cluding equipment used to provide energy 20,000 additional megawatts of electrical community consultation, and improve existing access, including solar lanterns, solar home power in sub-Saharan Africa by 2020 using a power generation through the use of a broad systems, and micro and mini grids; and broad mix of energy options to help reduce power mix, including fossil fuel and renew- (B) plans to protect the intellectual prop- poverty, promote sustainable development, able energy, distributed generation models, erty of companies designing and manufac- and drive inclusive economic growth; energy efficiency, and other technological turing products that can be used to provide (3) promote non-discriminatory reliable, af- innovations, as appropriate. energy access in sub-Saharan Africa. fordable, and sustainable power in urban (5) An analysis of existing mechanisms for (10) A description of how the President in- areas (including small urban areas) to pro- ensuring, and recommendations to pro- tends to encourage the growth of distributed mote economic growth and job creation; mote— renewable energy markets in sub-Saharan (4) promote policies to facilitate public-pri- (A) commercial cost recovery; Africa, including off-grid lighting and power, vate partnerships to provide non-discrimina- (B) commercialization of electric service that includes— tory reliable, sustainable, and affordable elec- through distribution service providers, in- (A) an analysis of the state of distributed trical service to rural and underserved popu- cluding cooperatives, to consumers; renewable energy in sub-Saharan Africa; lations; (C) improvements in revenue cycle man- (B) a description of market barriers to the (5) encourage the necessary in-country re- agement, power pricing, and fees assessed for deployment of distributed renewable energy forms, including facilitating public-private service contracts and connections; technologies both on- and off-grid in sub-Sa- partnerships specifically to support elec- (D) reductions in technical losses and com- haran Africa; tricity access projects to make such expan- mercial losses; and (C) an analysis of the efficacy of efforts by (E) non-discriminatory access to power, in- sion of power access possible; the Overseas Private Investment Corpora- cluding recommendations on the creation of (6) promote reforms of power production, tion and the United States Agency for Inter- new service provider models that mobilize delivery, and pricing, as well as regulatory national Development to facilitate the fi- community participation in the provision of reforms and transparency, to support long- nancing of the importation, distribution, power services. term, market-based power generation and sale, leasing, or marketing of distributed re- (6) A description of the reforms being un- distribution; newable energy technologies; and dertaken or planned by countries in sub-Sa- (7) promote policies to displace kerosene (D) a description of how bolstering distrib- haran Africa to ensure the long-term eco- lighting with other technologies; and uted renewable energy can enhance the over- nomic viability of power projects and to in- (8) promote an all-of-the-above energy de- all effort to increase power access in sub-Sa- crease access to power, including— velopment strategy for sub-Saharan Africa haran Africa. (A) reforms designed to allow third parties (11) A description of plans to ensure that that includes the use of oil, natural gas, to connect power generation to the grid; small and medium enterprises based in sub- coal, hydroelectric, wind, solar, and geo- (B) policies to ensure there is a viable and Saharan Africa can fairly compete for en- thermal power, and other sources of energy. independent utility regulator; ergy development and energy access opportu- SEC. 4. DEVELOPMENT OF COMPREHENSIVE, (C) strategies to ensure utilities become or nities associated with this Act. MULTIYEAR STRATEGY. remain creditworthy; (c) INTERAGENCY WORKING GROUP.— (a) STRATEGY REQUIRED.— (D) regulations that permit the participa- (1) IN GENERAL.—The President may, as ap- (1) IN GENERAL.—The President shall estab- tion of independent power producers and pri- propriate, establish an Interagency Working lish a comprehensive, integrated, multiyear vate-public partnerships; Group to coordinate the activities of rel- strategy to encourage the efforts of coun- (E) policies that encourage private sector evant United States Government depart- tries in sub-Saharan Africa to implement na- and cooperative investment in power genera- ments and agencies involved in carrying out tional power strategies and develop an ap- tion; the strategy required under this section. propriate mix of power solutions to provide (F) policies that ensure compensation for (2) FUNCTIONS.—The Interagency Working access to sufficient reliable, affordable, and power provided to the electrical grid by on- Group may, among other things— sustainable power in order to reduce poverty site producers; (A) seek to coordinate the activities of the and drive economic growth and job creation (G) policies to unbundle power services; United States Government departments and consistent with the policy stated in section (H) regulations to eliminate conflicts of in- agencies involved in implementing the strat- 3. terest in the utility sector; egy required under this section; (2) FLEXIBILITY AND RESPONSIVENESS.—The (I) efforts to develop standardized power (B) ensure efficient and effective coordina- President shall ensure that the strategy re- purchase agreements and other contracts to tion between participating departments and quired under paragraph (1) maintains suffi- ø ¿ streamline project development; and agencies; and cient flexibility for and remains responsive (J) efforts to negotiate and monitor com- (C) facilitate information sharing, and co- to concerns and interests of affected local com- pliance with power purchase agreements and ordinate partnerships between the United munities and technological innovation in the other contracts entered into with the private States Government, the private sector, and power sector. ø ¿ sector. sector; and other development partners to achieve the (b) REPORT REQUIRED.—Not later than 180 (K) policies that promote local community goals of the strategy. days after the date of the enactment of this consultation with respect to the development of SEC. 5. PRIORITIZATION OF EFFORTS AND AS- Act, the President shall transmit to the power generation and transmission projects. SISTANCE FOR POWER PROJECTS IN Committee on Foreign Relations of the Sen- (7) A description of plans to ensure mean- SUB-SAHARAN AFRICA BY KEY ate and the Committee on Foreign Affairs of ingful local consultation, as appropriate, in UNITED STATES INSTITUTIONS. the House of Representatives a report that the planning, long-term maintenance, and (a) IN GENERAL.—In pursuing the policy contains the strategy required under sub- management of investments designed to in- goals described in section 3, the Adminis- section (a) and includes a discussion of the crease access to power in sub-Saharan Afri- trator of the United States Agency for Inter- following elements: ca. national Development, the Director of the

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.019 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8863 Trade and Development Agency, the Over- (1) A report on United States programs On page 10, between lines 17 and 18, insert seas Private Investment Corporation, and supporting implementation of policy and leg- the following: the Chief Executive Officer and Board of Di- islative changes leading to increased power (12) A description of how United States in- rectors of the Millennium Challenge Cor- generation and access in sub-Saharan Africa, vestments to increase access to energy in poration should, as appropriate, prioritize including a description of the number, type, sub-Saharan Africa may reduce the need for and expedite institutional efforts and assist- and status of policy, regulatory, and legisla- foreign aid and development assistance in ance to facilitate the involvement of such in- tive changes initiated or implemented as a the future. stitutions in power projects and markets, result of programs funded or supported by (13) A description of policies or regula- both on- and off-grid, in sub-Saharan Africa the United States in countries in sub-Saha- tions, both domestically and internationally, and partner with other investors and local ran Africa to support increased power gen- that create barriers to private financing of institutions in sub-Saharan Africa, including eration and access after the date of the en- the projects undertaken in this Act. private sector actors, to specifically increase actment of this Act. (14) A description of the specific national access to reliable, affordable, and sustain- (2) A description of power projects receiv- security benefits to the United States that able power in sub-Saharan Africa, including ing United States Government support and will be derived from increased energy access through— how such projects, including off-grid efforts, in sub-Saharan Africa. (1) maximizing the number of people with are intended to achieve the strategy de- On page 13, between lines 8 and 9, insert new access to power and power services; scribed in section 4. the following: (2) improving and expanding the genera- (3) For each project described in paragraph (c) PROMOTION OF USE OF PRIVATE FINANC- tion, transmission and distribution of power; (2)— ING AND ASSISTANCE.—In carrying out poli- (3) providing reliable power to people and (A) a description of how the project fits cies under this section, such institutions businesses in urban and rural communities; into, or encourages modifications of, the na- shall promote the use of private financing (4) addressing the energy needs of tional energy plan of the country in which and assistance and seek ways to remove bar- marginalized people living in areas where the project will be carried out, including en- riers to private financing for projects and there is little or no access to a power grid couraging regulatory reform in that county; programs under this Act, including through and developing plans to systematically in- (B) an estimate of the total cost of the charitable organizations. crease coverage in rural areas; project to the consumer, the country in On page 13, line 9, strike ‘‘(c)’’ and insert (5) reducing transmission and distribution which the project will be carried out, and ‘‘(d)’’. losses and improving end-use efficiency and other investors; The bill (S. 2152), as amended, was or- demand-side management; (C) the amount of financing provided or dered to be engrossed for a third read- (6) reducing energy-related impediments to guaranteed by the United States Govern- business productivity and investment; and ment for the project; ing, was read the third time, and (7) building the capacity of countries in (D) an estimate of United States Govern- passed, as follows: sub-Saharan Africa to monitor and appro- ment resources for the project, itemized by S. 2152 priately and transparently regulate the funding source, including from the Overseas Be it enacted by the Senate and House of Rep- power sector and encourage private invest- Private Investment Corporation, the United resentatives of the United States of America in ment in power production and distribution. States Agency for International Develop- Congress assembled, (b) EFFECTIVENESS MEASUREMENT.—In ment, the Department of the Treasury, and SECTION 1. SHORT TITLE. prioritizing and expediting institutional ef- other appropriate United States Government This Act may be cited as the ‘‘Electrify Af- forts and assistance pursuant to this section, departments and agencies; rica Act of 2015’’. as appropriate, such institutions shall use (E) an estimate of the number and regional SEC. 2. PURPOSE. clear, accountable, and metric-based targets locations of individuals, communities, busi- to measure the effectiveness of such guaran- The purpose of this Act is to encourage the nesses, schools, and health facilities that efforts of countries in sub-Saharan Africa to tees and assistance in achieving the goals de- have gained power connections as a result of scribed in section 3. improve access to affordable and reliable the project, with a description of how the re- electricity in Africa in order to unlock the (c) RULE OF CONSTRUCTION.—Nothing in liability, affordability, and sustainability of this section may be construed to authorize potential for inclusive economic growth, job power has been improved as of the date of creation, food security, improved health, modifying or limiting the portfolio of the in- the report; stitutions covered by subsection (a) in other education, and environmental outcomes, and (F) an assessment of the increase in the poverty reduction. developing regions. number of people and businesses with access SEC. 3. STATEMENT OF POLICY. SEC. 6. LEVERAGING INTERNATIONAL SUPPORT. to power, and in the operating electrical It is the policy of the United States to In implementing the strategy described in power capacity in megawatts as a result of partner, consult, and coordinate with the section 4, the President should direct the the project between the date of the enact- governments of sub-Saharan African coun- United States representatives to appropriate ment of this Act and the date of the report; tries, international financial institutions, international bodies to use the influence of (G) a description of efforts to gain mean- and African regional economic communities, the United States, consistent with the broad ingful local consultation for projects associ- development goals of the United States, to cooperatives, and the private sector, in a ated with this Act and any significant esti- advocate that each such body— concerted effort to— mated noneconomic effects of the efforts car- (1) commit to significantly increase efforts (1) promote first-time access to power and ried out pursuant to this Act; and to promote investment in well-designed power services for at least 50,000,000 people in (H) a description of the participation by power sector and electrification projects in sub-Saharan Africa by 2020 in both urban and small and medium enterprises based in sub- sub-Saharan Africa that increase energy ac- rural areas; Saharan Africa on projects associated with cess, in partnership with the private sector (2) encourage the installation of at least this Act. and consistent with the host countries’ ab- 20,000 additional megawatts of electrical sorptive capacity; Mr. MCCONNELL. I ask unanimous power in sub-Saharan Africa by 2020 using a (2) address energy needs of individuals and consent that the committee-reported broad mix of energy options to help reduce communities where access to an electricity amendments be agreed to; the Corker poverty, promote sustainable development, grid is impractical or cost-prohibitive; amendment at the desk be agreed to; and drive inclusive economic growth; (3) enhance coordination with the private the bill, as amended, be read a third (3) promote non-discriminatory reliable, sector in sub-Saharan Africa to increase ac- time and passed, and the motion to re- affordable, and sustainable power in urban cess to electricity; consider be considered made and laid areas (including small urban areas) to pro- (4) provide technical assistance to the reg- upon the table. mote economic growth and job creation; ulatory authorities of sub-Saharan African The PRESIDING OFFICER. Without (4) promote policies to facilitate public-pri- governments to remove unnecessary barriers vate partnerships to provide non-discrimina- to investment in otherwise commercially objection, it is so ordered. tory reliable, sustainable, and affordable viable projects; and The committee-reported amendments electrical service to rural and underserved (5) utilize clear, accountable, and metric- were agreed to. populations; based targets to measure the effectiveness of The amendment (No. 2939) was agreed (5) encourage the necessary in-country re- such projects. to, as follows: forms, including facilitating public-private SEC. 7. PROGRESS REPORT. (Purpose: To improve the bill) partnerships specifically to support elec- (a) IN GENERAL.—Not later than three On page 3, line 21, strike ‘‘technologies; tricity access projects to make such expan- years after the date of the enactment of this and’’ and insert ‘‘technologies;’’. sion of power access possible; Act, the President shall transmit to the On page 4, line 2, strike ‘‘energy.’’ and in- (6) promote reforms of power production, Committee on Foreign Affairs of the House sert the following: ‘‘energy; and delivery, and pricing, as well as regulatory of Representatives and the Committee on (9) promote and increase the use of private reforms and transparency, to support long- Foreign Relations of the Senate a report on financing and seek ways to remove barriers term, market-based power generation and progress made toward achieving the strategy to private financing and assistance for distribution; described in section 4 that includes the fol- projects, including through charitable orga- (7) promote policies to displace kerosene lowing: nizations. lighting with other technologies;

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.019 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8864 CONGRESSIONAL RECORD — SENATE December 18, 2015 (8) promote an all-of-the-above energy de- community participation in the provision of national Development to facilitate the fi- velopment strategy for sub-Saharan Africa power services. nancing of the importation, distribution, that includes the use of oil, natural gas, (6) A description of the reforms being un- sale, leasing, or marketing of distributed re- coal, hydroelectric, wind, solar, and geo- dertaken or planned by countries in sub-Sa- newable energy technologies; and thermal power, and other sources of energy; haran Africa to ensure the long-term eco- (D) a description of how bolstering distrib- and nomic viability of power projects and to in- uted renewable energy can enhance the over- (9) promote and increase the use of private crease access to power, including— all effort to increase power access in sub-Sa- financing and seek ways to remove barriers (A) reforms designed to allow third parties haran Africa. to private financing and assistance for to connect power generation to the grid; (11) A description of plans to ensure that projects, including through charitable orga- (B) policies to ensure there is a viable and small and medium enterprises based in sub- nizations. independent utility regulator; Saharan Africa can fairly compete for en- SEC. 4. DEVELOPMENT OF COMPREHENSIVE, (C) strategies to ensure utilities become or ergy development and energy access opportu- MULTIYEAR STRATEGY. remain creditworthy; nities associated with this Act. (a) STRATEGY REQUIRED.— (D) regulations that permit the participa- (12) A description of how United States in- (1) IN GENERAL.—The President shall estab- tion of independent power producers and pri- vestments to increase access to energy in lish a comprehensive, integrated, multiyear vate-public partnerships; sub-Saharan Africa may reduce the need for strategy to encourage the efforts of coun- (E) policies that encourage private sector foreign aid and development assistance in tries in sub-Saharan Africa to implement na- and cooperative investment in power genera- the future. tional power strategies and develop an ap- tion; (13) A description of policies or regula- propriate mix of power solutions to provide (F) policies that ensure compensation for tions, both domestically and internationally, access to sufficient reliable, affordable, and power provided to the electrical grid by on- that create barriers to private financing of sustainable power in order to reduce poverty site producers; the projects undertaken in this Act. and drive economic growth and job creation (G) policies to unbundle power services; (14) A description of the specific national consistent with the policy stated in section (H) regulations to eliminate conflicts of in- security benefits to the United States that 3. terest in the utility sector; will be derived from increased energy access (2) FLEXIBILITY AND RESPONSIVENESS.—The (I) efforts to develop standardized power in sub-Saharan Africa. President shall ensure that the strategy re- purchase agreements and other contracts to quired under paragraph (1) maintains suffi- streamline project development; (c) INTERAGENCY WORKING GROUP.— cient flexibility for and remains responsive (J) efforts to negotiate and monitor com- (1) IN GENERAL.—The President may, as ap- to concerns and interests of affected local pliance with power purchase agreements and propriate, establish an Interagency Working communities and technological innovation other contracts entered into with the private Group to coordinate the activities of rel- in the power sector. sector; and evant United States Government depart- (b) REPORT REQUIRED.—Not later than 180 (K) policies that promote local community ments and agencies involved in carrying out days after the date of the enactment of this consultation with respect to the develop- the strategy required under this section. Act, the President shall transmit to the ment of power generation and transmission (2) FUNCTIONS.—The Interagency Working Committee on Foreign Relations of the Sen- projects. Group may, among other things— ate and the Committee on Foreign Affairs of (7) A description of plans to ensure mean- (A) seek to coordinate the activities of the the House of Representatives a report that ingful local consultation, as appropriate, in United States Government departments and contains the strategy required under sub- the planning, long-term maintenance, and agencies involved in implementing the strat- section (a) and includes a discussion of the management of investments designed to in- egy required under this section; following elements: crease access to power in sub-Saharan Afri- (B) ensure efficient and effective coordina- (1) The objectives of the strategy and the ca. tion between participating departments and criteria for determining the success of the (8) A description of the mechanisms to be agencies; and strategy. established for— (C) facilitate information sharing, and co- (2) A general description of efforts in sub- (A) selection of partner countries for fo- ordinate partnerships between the United Saharan Africa to— cused engagement on the power sector; States Government, the private sector, and (A) increase power production; (B) monitoring and evaluating increased other development partners to achieve the (B) strengthen electrical transmission and access to, and reliability and affordability goals of the strategy. distribution infrastructure; of, power in sub-Saharan Africa; (C) provide for regulatory reform and (C) maximizing the financial sustainability SEC. 5. PRIORITIZATION OF EFFORTS AND AS- transparent and accountable governance and SISTANCE FOR POWER PROJECTS IN of power generation, transmission, and dis- SUB-SAHARAN AFRICA BY KEY oversight; tribution in sub-Saharan Africa; UNITED STATES INSTITUTIONS. (D) improve the reliability of power; (D) establishing metrics to demonstrate (E) maintain the affordability of power; progress on meeting goals relating to access (a) IN GENERAL.—In pursuing the policy (F) maximize the financial sustainability to power, power generation, and distribution goals described in section 3, the Adminis- of the power sector; and in sub-Saharan Africa; and trator of the United States Agency for Inter- (G) improve non-discriminatory access to (E) terminating unsuccessful programs. national Development, the Director of the power that is done in consultation with af- (9) A description of how the President in- Trade and Development Agency, the Over- fected communities. tends to promote trade in electrical equip- seas Private Investment Corporation, and (3) A description of plans to support efforts ment with countries in sub-Saharan Africa, the Chief Executive Officer and Board of Di- of countries in sub-Saharan Africa to in- including a description of how the govern- rectors of the Millennium Challenge Cor- crease access to power in urban and rural ment of each country receiving assistance poration should, as appropriate, prioritize areas, including a description of plans de- pursuant to the strategy— and expedite institutional efforts and assist- signed to address commercial, industrial, (A) plans to lower or eliminate import tar- ance to facilitate the involvement of such in- and residential needs. iffs or other taxes for energy and other stitutions in power projects and markets, (4) A description of plans to support efforts power production and distribution tech- both on- and off-grid, in sub-Saharan Africa to reduce waste and corruption, ensure local nologies destined for sub-Saharan Africa, in- and partner with other investors and local community consultation, and improve exist- cluding equipment used to provide energy institutions in sub-Saharan Africa, including ing power generation through the use of a access, including solar lanterns, solar home private sector actors, to specifically increase broad power mix, including fossil fuel and re- systems, and micro and mini grids; and access to reliable, affordable, and sustain- newable energy, distributed generation mod- (B) plans to protect the intellectual prop- able power in sub-Saharan Africa, including els, energy efficiency, and other techno- erty of companies designing and manufac- through— logical innovations, as appropriate. turing products that can be used to provide (1) maximizing the number of people with (5) An analysis of existing mechanisms for energy access in sub-Saharan Africa. new access to power and power services; ensuring, and recommendations to pro- (10) A description of how the President in- (2) improving and expanding the genera- mote— tends to encourage the growth of distributed tion, transmission and distribution of power; (A) commercial cost recovery; renewable energy markets in sub-Saharan (3) providing reliable power to people and (B) commercialization of electric service Africa, including off-grid lighting and power, businesses in urban and rural communities; through distribution service providers, in- that includes— (4) addressing the energy needs of cluding cooperatives, to consumers; (A) an analysis of the state of distributed marginalized people living in areas where (C) improvements in revenue cycle man- renewable energy in sub-Saharan Africa; there is little or no access to a power grid agement, power pricing, and fees assessed for (B) a description of market barriers to the and developing plans to systematically in- service contracts and connections; deployment of distributed renewable energy crease coverage in rural areas; (D) reductions in technical losses and com- technologies both on- and off-grid in sub-Sa- (5) reducing transmission and distribution mercial losses; and haran Africa; losses and improving end-use efficiency and (E) non-discriminatory access to power, in- (C) an analysis of the efficacy of efforts by demand-side management; cluding recommendations on the creation of the Overseas Private Investment Corpora- (6) reducing energy-related impediments to new service provider models that mobilize tion and the United States Agency for Inter- business productivity and investment; and

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.020 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8865 (7) building the capacity of countries in the project will be carried out, including en- ate proceed to the consideration of S. sub-Saharan Africa to monitor and appro- couraging regulatory reform in that county; Res. 339, submitted earlier today. priately and transparently regulate the (B) an estimate of the total cost of the The PRESIDING OFFICER. The power sector and encourage private invest- project to the consumer, the country in clerk will report the resolution by ment in power production and distribution. which the project will be carried out, and title. (b) EFFECTIVENESS MEASUREMENT.—In other investors; prioritizing and expediting institutional ef- (C) the amount of financing provided or The senior assistant legislative clerk forts and assistance pursuant to this section, guaranteed by the United States Govern- read as follows: as appropriate, such institutions shall use ment for the project; A resolution (S. Res. 339) congratulating clear, accountable, and metric-based targets (D) an estimate of United States Govern- the University of Iowa College of Law for 150 to measure the effectiveness of such guaran- ment resources for the project, itemized by years of outstanding service to the State of tees and assistance in achieving the goals de- funding source, including from the Overseas Iowa, the United States, and the world. scribed in section 3. Private Investment Corporation, the United There being no objection, the Senate (c) PROMOTION OF USE OF PRIVATE FINANC- States Agency for International Develop- proceeded to consider the resolution. ING AND ASSISTANCE.—In carrying out poli- ment, the Department of the Treasury, and The PRESIDING OFFICER. The Sen- cies under this section, such institutions other appropriate United States Government ator from Iowa. shall promote the use of private financing departments and agencies; Mr. GRASSLEY. Mr. President, I (E) an estimate of the number and regional and assistance and seek ways to remove bar- thank my colleagues for their com- riers to private financing for projects and locations of individuals, communities, busi- programs under this Act, including through nesses, schools, and health facilities that mendation of the 150th anniversary of charitable organizations. have gained power connections as a result of the University of Iowa College of Law. (d) RULE OF CONSTRUCTION.—Nothing in the project, with a description of how the re- This makes it the first law school west this section may be construed to authorize liability, affordability, and sustainability of of the Mississippi to reach that mile- modifying or limiting the portfolio of the in- power has been improved as of the date of stone. stitutions covered by subsection (a) in other the report; In the past 150 years, the college of developing regions. (F) an assessment of the increase in the law has served the people of Iowa, the SEC. 6. LEVERAGING INTERNATIONAL SUPPORT. number of people and businesses with access to power, and in the operating electrical Nation, and the world, and I am In implementing the strategy described in pleased, along with my colleague Sen- section 4, the President should direct the power capacity in megawatts as a result of the project between the date of the enact- ator ERNST, that the resolution con- United States representatives to appropriate gratulates the college of law on its ac- international bodies to use the influence of ment of this Act and the date of the report; (G) a description of efforts to gain mean- the United States, consistent with the broad complishments. ingful local consultation for projects associ- development goals of the United States, to I have been honored to attend some ated with this Act and any significant esti- advocate that each such body— of the events celebrating Iowa Law this mated noneconomic effects of the efforts car- (1) commit to significantly increase efforts past year, and the law school should be ried out pursuant to this Act; and to promote investment in well-designed proud of its vast history of achieve- (H) a description of the participation by power sector and electrification projects in small and medium enterprises based in sub- ment. It is the oldest law school west sub-Saharan Africa that increase energy ac- Saharan Africa on projects associated with of the Mississippi River, and it has pro- cess, in partnership with the private sector this Act. duced generations of attorneys who and consistent with the host countries’ ab- f have been dedicated to improving and sorptive capacity; enhancing the practice of law in Iowa (2) address energy needs of individuals and CONGRATULATING TOWSON UNI- and throughout the Nation. Currently, communities where access to an electricity VERSITY ON THE 150TH ANNI- grid is impractical or cost-prohibitive; Iowa Law has over 10,000 living alum- (3) enhance coordination with the private VERSARY OF THE FOUNDING OF nae who practice in Iowa and around sector in sub-Saharan Africa to increase ac- THE UNIVERSITY the world. cess to electricity; Mr. MCCONNELL. Mr. President, I Iowa was the first State to admit a (4) provide technical assistance to the reg- ask unanimous consent that the Sen- woman to the practice of law. Iowa ulatory authorities of sub-Saharan African ate proceed to the immediate consider- Law followed this tradition when in governments to remove unnecessary barriers ation of S. Res. 338, which was sub- 1873 it graduated what is believed to be to investment in otherwise commercially mitted earlier today. the first female law student in the viable projects; and The PRESIDING OFFICER. The (5) utilize clear, accountable, and metric- United States, Mary Hickey. Iowa based targets to measure the effectiveness of clerk will report the resolution by Law’s second female law student, Mary such projects. title. Haddock, was the first woman admit- SEC. 7. PROGRESS REPORT. The senior assistant legislative clerk ted to the practice of law before the (a) IN GENERAL.—Not later than three read as follows: district and circuit courts of the years after the date of the enactment of this A resolution (S. Res. 338) congratulating United States. Act, the President shall transmit to the Towson University on the 150th anniversary Iowa Law was one of the first law Committee on Foreign Affairs of the House of the founding of the university. schools to grant a degree to an African- of Representatives and the Committee on There being no objection, the Senate American student when Alexander Foreign Relations of the Senate a report on proceeded to consider the resolution. Clark, Jr., graduated in 1879—decades progress made toward achieving the strategy Mr. MCCONNELL. Mr. President, I before other law schools allowed the described in section 4 that includes the fol- ask unanimous consent that the reso- lowing: enrollment of non-White students. lution be agreed to, the preamble be Iowa Law has always been at the fore- (1) A report on United States programs agreed to, and the motions to recon- supporting implementation of policy and leg- front of the legal field, particularly sider be considered made and laid upon islative changes leading to increased power when it comes to diversity. generation and access in sub-Saharan Africa, the table without no intervening ac- Iowa Law has consistently ranked as including a description of the number, type, tion or debate. one of the top 10 public law schools in The PRESIDING OFFICER. Without and status of policy, regulatory, and legisla- the country and is currently ranked tive changes initiated or implemented as a objection, it is so ordered. The resolution (S. Res. 338) was the 22nd best law school in the Nation. result of programs funded or supported by Throughout the years, Iowa Law has the United States in countries in sub-Saha- agreed to. ran Africa to support increased power gen- The preamble was agreed to. maintained its commitment to the eration and access after the date of the en- (The resolution, with its preamble, is legal community and encourages stu- actment of this Act. printed in today’s RECORD under ‘‘Sub- dents to participate in a variety of pro- (2) A description of power projects receiv- mitted Resolutions.’’) grams that better Iowa. For example, ing United States Government support and Iowa Law recently partnered with the f how such projects, including off-grid efforts, Iowa State Bar Association to start a are intended to achieve the strategy de- CONGRATULATING THE UNIVER- program that trains and recruits law scribed in section 4. SITY OF IOWA COLLEGE OF LAW students to work in rural and (3) For each project described in paragraph FOR 150 YEARS OF OUTSTANDING smalltown practices, providing better (2)— SERVICE (A) a description of how the project fits access to legal services in these com- into, or encourages modifications of, the na- Mr. MCCONNELL. Mr. President, I munities. Iowa Law offers several clin- tional energy plan of the country in which ask unanimous consent that the Sen- ic programs that focus on helping the

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.020 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8866 CONGRESSIONAL RECORD — SENATE December 18, 2015 citizens of Iowa and has several pro- Elizabeth Michaud, Tatum Buss, John Pat- RICHARD BURR, for his work on cyber grams to encourage students to provide rick Tamas, Ally Grayson Driver, Grace security too. pro bono legal services. McElroy, Jackson Scott Blackwell, Cameron I know there are many others to For the past 150 years, Iowa Law has Joseph Knecht, Brett David Brannon, Jr., thank—the chairman of the Appropria- Haley M. Carbajal, and Easton Ewy. produced lawyers who embody the tions Committee and the leadership DEMOCRATIC PAGES motto of the State of Iowa, which is and members of all the committees ‘‘Our liberties we prize and our rights Jaclyn Cline, Amina Lampkin, Marshall who worked many long hours recently Rawlins, Olivia Rich, Megan Stewart, Marc we will maintain.’’ in particular. Tarshis, Thomas Wiesler, C.J. Fowler, I apologize to those I haven’t been I congratulate the Iowa College of Ignacio Mata, Bryce Stack, Blaine Stephens, Law on its many achievements, and I Colin Gray-Hoehn, Marah Bell, and Aarshi able to mention, but I want to thank am grateful for its continued dedica- Kibria. them and to say simply this: I wish you a merry Christmas and a happy new tion and commitment to the State of Mr. MCCONNELL. On the Member Iowa. side, allow me to thank my leadership year, and happy holidays to everyone. I yield the floor. team. Their counsel is invaluable, and See you in 2016. Rest up because we Mr. MCCONNELL. Mr. President, I their dedication is without equal. still have a lot of work to do for the ask unanimous consent that the reso- Here on the floor, Laura Dove and American people. lution be agreed to, the preamble be her Republican Cloakroom staff have a The PRESIDING OFFICER. The Sen- agreed to, and the motions to recon- tough job making things function ator from Utah. sider be considered made and laid upon every single day. Gary Myrick has a f the table with no intervening action or tough job on the Democratic side as OMNIBUS LEGISLATION debate. well. They deserve recognition from Mr. HATCH. Mr. President, now that The PRESIDING OFFICER. Without both sides of the aisle for what they do. the votes have concluded and we have objection, it is so ordered. I particularly would like to thank successfully passed our legislation The resolution (S. Res. 339) was my chief of staff, Sharon Soderstrom, granting tax relief to millions of Amer- agreed to. for her remarkable work ethic and her icans, I want to take a few minutes to The preamble was agreed to. obvious talent. She has an impressive express my gratitude. (The resolution, with its preamble, is team behind her. There are so many I This has been a very long and some- printed in today’s RECORD under ‘‘Sub- can name, but then we would be here times difficult process, but it has at al- mitted Resolutions.’’) all day, so let me say something they most every step been bipartisan and co- f already know. I am certainly thankful operative. I also think the results WORDS OF THANKS for what Sharon and her whole team do speak for themselves. This legislation, every single day. the PATH Act, will help families and Mr. MCCONNELL. Before we adjourn, I know the Democratic leader feels job creators and grow our economy. Mr. President, I want to say a few the same way about his chief, Drew This legislation will allow businesses words of thanks. Willison, and the members of his staff. and run-of-the-mill taxpayers to more I would like to thank the members of Let me acknowledge his kind words effectively plan for their future. This the Secretary of the Senate’s office, yesterday as well. We both have dif- legislation will pave the way for com- which houses everyone from the parlia- ficult jobs, and, in my view, the Sen- prehensive tax reform, and this legisla- mentarians, to members of the dis- ators can have strong political dis- tion will relieve the pressure we face bursing office, to the clerks, historians, agreements without personal animos- every year on tax extenders and end curators, librarians, and many other ity always accompanying it. I think the cliff-or-crisis mentality that sur- offices and individuals who keep the many of the 99 other Members of this rounds much of our tax policy. It is, history and dignity of this institution body agree with that sentiment. We quite simply, a win for good govern- alive. can disagree, as we often say, without ment—the last of many we have en- I would like to thank the Sergeant being disagreeable. That is how this in- joyed in what has been a very produc- At Arms’s office and the many hun- stitution is supposed to function, after tive year here in the Senate. dreds of individuals who do everything all. I am pleased to have had the oppor- from keeping us safe to setting up I thank Senators for their service to tunity to work on this important bill rooms for meetings. this institution. We signed up for a and am even more pleased to see it fi- I also thank the Office of the Archi- rather challenging job. We often have nally passed through both the House tect of the Capitol, which works daily different ideas about what serving our and the Senate. I want to thank my to preserve this complex, which is more constituents means, but, as we have colleagues on both sides of the aisle than just a collection of buildings, it is proved so often this year, we can still who worked to make this possible, who a living part of our Nation’s history. come together to accomplish impor- set aside partisanship and allowed both I thank the Capitol Police, who are tant things for our country on edu- parties to realize their top priorities in prepared to put their lives on the line cation, transportation, and so many this legislation without seeing it as a every day to protect everyone who issues, just as we saw again a few min- loss to their side. works in and visits the Capitol. We are utes ago with passage of a significant Here in the Senate, I, of course, want grateful for everything they do. cyber security measure, long-overdue to thank Senator WYDEN, who has been There are so many others to thank, improvements to the Visa Waiver Pro- an effective and valuable partner in all from the committees and their staffs, gram, tax relief for families and small of our efforts on the Finance Com- to the doorkeepers, to the legal coun- businesses, and other important mat- mittee this year. sel’s office and the pages. I know I am ters. I really need to thank all of the going to forget many individuals who I thanked the chairman of the Fi- members of the Finance Committee deserve our thanks. Please know we nance Committee the other day for his and their staffs who worked extraor- are thankful for your service and your impressive work on the tax side of that dinarily hard on the tax extenders dedication. legislation. Senator HATCH has been an issue throughout this entire year. I ask unanimous consent that a list invaluable ally working those issues. I also thank our distinguished major- of the young people who serve in the Passage of the visa waiver reform ity leader, who recognized the oppor- Chamber as Senate pages be printed in and cyber security legislation are both tunity to get another big accomplish- the RECORD. notable accomplishments for our coun- ment through the Senate this year and There being no objection, the mate- try, and neither would have been pos- pushed to help us get the substance of rial was ordered to be printed in the sible without the continued hard work the bill in place, and he worked tire- RECORD, as follows: of the chairman of the Homeland Secu- lessly to get it across the goal line. REPUBLICAN PAGES rity and Governmental Affairs Com- Thanks also to our majority whip for Emma Rose James, Anna Linda Byrd, mittee, RON JOHNSON. I would like to leading another successful effort to se- Anna Carmack, Herbert Coleman Martinson, express sincere gratitude to the chair- cure the vote and shore up support Elaina Joy Urban, Ben M. Courtney, Hannah man of the Intelligence Committee, within our conference.

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.044 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8867 I also thank our distinguished minor- cratic tax team: Tiffany Smith, Ryan back that claim, loose numbers, appar- ity leader as well. Although he and I Abraham, Chris Arneson, Robert An- ently drawn from some kind of random are friends, we are quite often in dis- dres, Kara Getz, Adam Carasso, and number generator were put forward, agreement on issues before the Senate. Todd Wooten. I also want to than claiming that hedge funds hold maybe But in this effort, we were able to find Ranking Member WYDEN’s health team. anywhere between 15 to perhaps 50 per- a lot of common ground, and he worked From Majority Leader MCCONNELL’s cent of Puerto Rico’s outstanding debt hard to get us where we needed to be office, I want to thank Sharon of over $73 billion. and was extremely effective in leading Soderstrom, Hazen Marshall, Brendan Conveniently, they did not go into his conference. Dunn, Scott Raab, Don Stewart, and great lengths to define the term ‘‘hedge Over on the other side of the Capitol, Antonia Ferrier for all they did to help funds,’’ making it pretty easy to throw I need to thank the chairman of the put this bill together, to negotiate the numbers around without a clear link to Ways and Means Committee, KEVIN package, and to shore up enough votes any real discernable facts. Nonetheless, BRADY. Chairman BRADY is pretty new to get it done. Thanks also to Monica even if so-called hedge funds held 50 to his position, but he worked as a sea- Popp and Jane Lee from the majority percent of Puerto Rico’s debt, the re- soned veteran in putting this bill to- whip’s office. From Minority Leader maining 50 percent is held by others, gether. He is, quite simply, an excep- REID’s office, I want to thank Drew including millions of retirees and near- tional and excellent legislator. Willison, Ellen Doneski, and Kate retirees spread across our country and I thank Speaker RYAN for his work Leone. in Puerto Rico itself. That includes on this as well. He and I have worked Over on the House side, I want to mom-and-pop investors in Florida, the well together over the past year and thank Chairman BRADY’s tax team, led State of Washington, Connecticut, Illi- enjoyed a lot of victories. This is one of by George Callas, and Dave Stewart for nois, Utah, and every other State, and the biggest and most consequential, their work on this legislation. From in Puerto Rico itself. and I think he would agree. Speaker RYAN’s staff, I want to thank Of course, those complicating facts I also need to pay tribute to our Austin Smythe and Dave Hoppe. do not seem to matter to some of my staffs who put in so much time and ef- Of course, no tax effort is ever com- friends who claim that anyone not in fort to get this endeavor off the ground pleted without the vital assistance of- favor of immediately chapter 9 eligi- and to see it through to the finish. On fered by the staff at the Joint Com- bility for Puerto Rico must be a shill both sides of the aisle, there have been mittee on Taxation. I want to thank for hedge funds. That is total bull. a lot of late nights, early mornings, JCT’s chief of staff, Tom Barthold, and They should tell that to the retiree and neglected families during these all of his great staff for the long hours who, once bankruptcy proceedings re- final weeks. I really can’t thank them they put in to make this sure this bill sult in reduced payments on bonds enough. was put together right. issued with the understanding and ex- On my Finance Committee staff, I Finally, I want to acknowledge the pectation that current law would apply need to thank our tax team, led as al- help we got from the Senate legislative to debt being issued, would wake up to ways by the indefatigable Mark Prater, counsel’s office, particularly from the news that their nest egg had sud- my chief tax counsel and deputy staff Mark McGunagle, Vince Gaiani, Alli- denly taken a hit. Of course, those mid- director. We all know and love Mark son Otto, and Jim Fransen. Thanks to dle-class investors, the millions that here in the Senate, and this bill, like all of them as well. aren’t wealthy venture capitalists, every major tax bill over the last quar- As you can see, it took a lot of people would likely not be aware that their ter century, has his fingerprints all to put this bill together and get it modest portfolio took that hit because over it. I need to thank my tax coun- passed. I am sure I have not mentioned some Senators have lumped them into sel, Jim Lyons, for spearheading yet everyone who played a role. Once some vaguely defined category of rich another tax extenders effort, along again, I am very pleased to have been a fat cats who don’t deserve the protec- with the rest of the Republican tax part of this huge effort that we have tions of the law. team: Preston Rutledge, Jeff Wrase, been in a rush to get to this point at If we are going to have the debate Tony Coughlan, Eric Oman, Chris- the end of the year. I think we all have about these issues, we are going to topher Hanna, Nick Wyatt, and Sam a chance to reflect on the implications need to specify exactly what we are Beaver. of what we have been able to do. We talking about, not only with regard to I also need to thank Jay Khosla, my will all recognize the truly historic na- who will actually be impacted by the policy director and chief health coun- ture of this very important piece of tax proposed bankruptcy change, but also sel for his work on the health care legislation. about what the change would actually issues we address in this bill and for his f do. Yesterday, many of my friends on overall leadership in this process. Also the other side suggested here on the on the health side, I want to thank PUERTO RICO floor that Republicans are simply de- Katie Simeon, one of the best health Mr. HATCH. Now, Mr. President, be- nying tools to Puerto Rico that are staffers on Capitol Hill. I also want to fore the Senate adjourns for the year, I currently available to municipalities express particular thanks to Chris want to speak once again on Puerto in all 50 States. However, that is a mis- Campbell—he is my incomparable staff Rico’s financial and economic chal- representation. My colleagues are not director—for shepherding another high- lenges. Yesterday, we heard frustration simply demanding that Puerto Rico be profile effort and major success for the from a number of my friends on the given access to chapter 9 restructuring Senate Finance Committee. other side of the aisle about the fact authority for fresh debt offerings. They I want to thank other members of my that the end-of-the-year legislative ve- want that authority, plus an additional senior team, including Julia Lawless, hicles did not include any changes in allowance for Puerto Rico to retro- Aaron Fobes, and Bryan Hickman for bankruptcy law to make Puerto Rico actively apply chapter 9 to debts al- their work in the press and commu- eligible for chapter 9 and to allow those ready issued. That is for debts issued nications outreach and, of course, in to protections to be retroactively ap- under current conditions that explic- building coalitions. I really do have the plied to its debts. itly do not allow for application of best committee staff in Congress, a Sadly, we also heard a number of chapter 9, which lenders took into ac- statement I make without reservation. misrepresentations, false claims, and count when formulating the terms of But with all due respect to my col- statements that effectively impugn Re- their contracts with Puerto Rico. leagues and their staffs, I have to make publican motives as we are working to Our friends want to change the rules that statement. address the Puerto Rican challenges. after that fact—or those facts. That is On Ranking Member WYDEN’s staff, I Boiling it all down, some of my friends not, in the words of one of my col- need to thank his tax team, particu- on the other side of the aisle argued leagues, ‘‘the very same tools that are larly Todd Metcalf, who led the efforts that Republicans are somehow holding available to municipalities in all 50 for the other side and was a key liaison up retroactive chapter 9 eligibility for States.’’ That is a post-hoc change to with the White House on these issues. Puerto Rico in order to protect inter- lending conditions which carry far Thanks also to the rest of the Demo- ests of ‘‘hedge funds’’—of all things. To more serious rule-of-law implications

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.046 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8868 CONGRESSIONAL RECORD — SENATE December 18, 2015 than my friends want to acknowledge. constitution, which is apparently of be provided in a ‘‘fiscally responsible’’ No matter, they say; those pesky rule- little consequence to my friends’ agen- way. I have not gotten an answer. of-law concerns are almost irrelevant. da. I worry that parties, including the Lenders, according to my colleagues, The question I have is, If we are Government of Puerto Rico, have not knew perfectly well that rules of the going to get in the business of ignoring made sufficient efforts to arrive at a lending transaction can be changed by rule-of-law issues and creating fresh negotiated debt restructuring with the Federal Government after the fact. new bankruptcy law and provisions for creditors, despite encouragement from Lenders, they say, know that the Fed- a U.S. territory—which does not have me and others to get to work. Through- eral Government can step in and expro- that, neither do the other territories— out the year, I have offered to work priate wealth and change conditions of why would not heavily indebted States with anyone who wants to help the peo- an agreement after expectations have start to believe that we should do ex- ple of Puerto Rico to find a solution. I been formed and the conditions of the actly the same for them? More impor- have worked productively and will con- transactions have been agreed upon. tantly, why would creditors not start tinue to do so with administration offi- Well, the Federal Government can do to believe that as well? cials. many things, I suppose. But that does These moral hazard problems do not I have had constructive meetings not ensure that what it does is good seem to be an issue for my friends, with many Puerto Ricans, including policy, nor does it mean that anyone which, in my view, is both dis- the current Governor and others. I entering into any contract should build appointing and reflective of some fun- have had gracious visits and offers of into the terms and expectation that damental misunderstandings of the productive collaboration from inter- Congress, simply because it can, will working of expectations in credit mar- ested House Members, including Rep- step in and change the rules mid- kets. Let’s be clear: I share the frustra- resentatives VELA´ ZQUEZ, SERRANO, stream. Yet my friends on the other tion of my dear friends on the other GUTIE´ RREZ, and PIERLUISI. I want that side have casually and even flippantly side of the aisle when it comes to Puer- to continue. Many of us are intent on suggested that all of Puerto Rico’s to Rico but probably for different rea- persevering and continuing to arrive at creditors knew, or at least should have sons. I have been working to find ways solutions. known, that the laws governing their to address Puerto Rico’s challenges Even with incomplete information on debt transactions are subject to change throughout the year, not just in the Puerto Rico’s finances and the reluc- at any time. past couple of weeks. We have been tance of administration health officials In any event, who cares? After all, working to do so in a bipartisan way. I to engage, I have joined with Senators according to my friends, we are only have come to the floor and committed MURKOWSKI and GRASSLEY to put for- talking about a bunch of rich hedge on the record to working in good faith ward tools, funding, and tax relief to fund managers. with my colleagues toward finding a help to begin to address what we know I think every Senator here rep- solution. I am working and will con- about Puerto Rico’s challenges. resenting every State in the Union tinue to do so. Our bill provides tax relief to work- should care. If it is what the majority Today, I am somewhat frustrated. ers, tools—but no mandates—to help wants, we can go ahead and cast aside Since August of this year, many others put pensions on a sustainable path, and expectations on credits already issued. and I have been asking for audit finan- oversight and assistance in budgeting, But we should then, at the very least, cial statements from the Government transparent accounting, planning, and be willing to consider that such actions of Puerto Rico. Despite assurances that attainment of fiscal sustainability. All will alter expectations of creditors we would receive them, we have not. told, our bill puts forward more than $7 moving forward. We have been repeatedly told, and were billion of relief without costing Fed- That could easily mean higher costs reminded yesterday, that there is or eral personal taxpayers a dime. Let me of borrowing to every municipality in will be a humanitarian crisis in Puerto repeat that—more than $7 billion of re- every State of the Union, and in every Rico because of indebtedness and a lief. territory. These are not itty-bitty health system in crisis. In the interest of bipartisanship, the things. That would include Puerto Yet, despite my numerous inquiries, I bill was put forward without provo- Rico, Utah, Florida, the State of Wash- have heard little from health officials cation of sensitivities of my friends on ington, New Jersey, Connecticut, Illi- in the administration. What I have the other side of the aisle concerning nois, and all of the rest. Even with all heard is that the Department of Health things such as labor laws, shipping of these obvious yet unaddressed con- and Human Services seems to be gath- laws, and the like. Nonetheless, the bill siderations, my friends yesterday de- ering data, analyzing the facts, and was not included in the end-of-year leg- cried that chapter 9 authority was not may be ready to make some adminis- islative vehicles that we voted on being granted to Puerto Rico this trative changes in a year or two— today, just as the Democrats’ super week. maybe. In the face of what we are told chapter 9 proposal was not included. Yet in discussions I have had with is a humanitarian crisis, you would Yet if you listened to some of my col- Democrats in Congress and with ad- think that health officials would have leagues on the other side of the aisle ministration officials, chapter 9 is not at least had an urgent meeting or two yesterday, you probably walked away even what they really want, nor is it with relevant committees of jurisdic- with the notion that my Republican applicable. What they really want and tion here in Congress. Unfortunately, colleagues and I are simply shilling for what they have made clear to me is to my knowledge—and I am that rel- a bunch of hedge fund speculators. You something far broader, which would evant chairman here in the Senate— probably thought we were holding up a not only give municipalities in Puerto there has been no such outreach. simple and fair application of tools Rico access to chapter 9, but also a Similarly, you would think that that everyone else has to adjust and re- brand new bankruptcy authority cre- those in Congress and the administra- structure debt that will not cost the ated out of whole cloth, which encom- tion who are putting forward proposals Federal Government anything. You passes all of Puerto Rico’s $73 billion or to grant more health funding for Puer- were probably also surprised to learn more of debt and includes pension obli- to Rico would acknowledge the costs of that Republicans don’t even realize gations of well over $40 billion. their proposals, particularly given the that Puerto Ricans are American citi- These are serious problems. You can- numerous inquiries I have made in that zens. I am not making that up. One of not flippantly think they are solved regard. You would also think they my colleagues actually said that. We just by passing a law. That is not chap- would let us know upfront whether all know those claims were—to be more ter 9, by the way; it is all new bank- they want to offset any of those costs, blunt than I typically like to be—a ruptcy authority. That new authority, and if they do, how they plan to do so. bunch of baloney. which is not what Democratic Senators I have asked, but I have gotten no re- Speaking for myself, I can only say talked about on the floor yesterday, sponse. I have also asked administra- that if I am shilling for anyone on this also includes ‘‘general obligation’’ debt tion officials how much is needed for issue, it is for the people of Puerto of Puerto Rico, which enjoys special health system relief and what they Rico and not for speculators, hedge protection under Puerto Rico’s own have in mind when they say it should funds, unions or standing in political

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.048 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8869 polls. I am not preventing access to ate Finance Committee. We have a lot I am also pleased we were able to tools everyone else has because that is of good people in this body, but the pass the tax legislation Chairman not even what my colleagues are ask- Senator from Maryland is one of my fa- HATCH talked about. The alternative to ing for. Not only do I realize that Puer- vorite people. He works hard, he is very that would have been another short- to Ricans are American citizens, I be- articulate, he is very intelligent, and term extension of the expiring tax pro- lieve the people of Puerto Rico are val- although he is too liberal for me, he visions. We saw last year that we did uable and cherished fellow Americans, works hand-in-glove with the rest of us that with 2 weeks remaining in the not political pawns. on the committee to make things year, and it expired on December 31, 2 In closing, while others may wish to work. Frankly, if I were from Mary- weeks later. Now we have given—many engage in political dart-throwing exer- land, I would probably be as liberal as of the permanent provisions give long- cises, I am not interested, and I believe he is. All I can say is that he is a great term predictability, and we have even it is a disservice to the people of Puer- man to work with, he is a great man in approved the tax provisions to make to Rico, who deserve our continued ef- the Senate, and I happen to care a them more efficient. That is good news. forts. I intend to continue working great deal for him. Then we have acted on many impor- with anyone who wants to work with Mr. CARDIN. Once again, I thank my tant issues from dealing with the ex- me to arrive at tools, support, and as- friend from Utah. We share a lot of the tension of benefits to the first respond- sistance that will help the people of same objectives for a strong nation and ers, to the attack on our country on Puerto Rico—not particular politicians moving our country forward. I think September 11, to the extension of re- or interest groups here or on the is- that is reflected in the bill we just form of the IMF—International Mone- land. My goal, and the goal of anyone voted on, the Omnibus appropriations tary Fund—to authorizing some very who wants to keep working with me or bill. important programs, including the join me anew, is simple: help the peo- f Land and Water Conservation Fund, a ple of Puerto Rico and help get Puerto 3-year authorization that provides $450 150TH ANNIVERSARY OF TOWSON Rico on a path to fiscal sustainability, million in this year, $144 million above UNIVERSITY economic growth and stability, and current appropriations. That is all greater efficiency in government. Mr. CARDIN. Mr. President, before I good news, and we list many more im- We can do it. I am dedicated to doing talk about the Omnibus appropria- portant accomplishments in this im- it, and we have given them the benefits tions, I note that just a few minutes portant legislation. so they can carry this over until the ago the Senate approved the resolution I must tell you there are some dis- end of February, maybe into March, for the 150th anniversary of Towson appointments. One of the major dis- while we try to work on what it really University. I must admit I have a di- appointments is that we didn’t follow should be, a very good resolution of rect interest in Towson. My mother regular order. It would have been much these problems. In the meantime, I graduated from Towson University. My better to pass each of the appropria- hope Puerto Rico will get us their fi- wife Myrna graduated from Towson tions bills, to have the tax bill consid- nancials—their audited financials. University, and Myrna today is the ered as an independent bill, and have That would be of great help to us. We chair of the board of visitors of Towson these other issues—and to have done it have given some time here now because University. in an orderly way rather than looking it was impossible to put together a It is a great institution. It started as at it December 18. So I would hope that major bill on this matter and have ev- the primary institution for educating in the future we will return to regular erybody support it. So we have given our teachers and now has expanded to order, where we have, I think, a better time, we think we can get this done, be one of the great universities in our chance of improving legislation with and I intend to get it done one way or State, attracting students from the en- participation from all Members. another the best we possibly can so tire university in a variety of pro- Secondly, I was very disappointed Puerto Rico isn’t just helped, it will be grams. that included in this legislation was helped to go into the future, and Puer- We are very proud of its 150-year his- the lifting of the ban on oil exports, en- to Ricans who have had to leave that tory and we know it has a very bright ergy exports. The reason I am so upset territory for jobs will want to return future. about that is I think that should have and be members of the citizenry of f been a separate issue. It should have been taken up in consideration with Puerto Rico again. OMNIBUS LEGISLATION I yield the floor. the energy policies of America, our en- The PRESIDING OFFICER (Mr. Mr. CARDIN. Mr. President, I wish to vironmental policies of America, our PERDUE). The Senator from Maryland. talk for a few minutes about the Omni- environmental policies, the economic bus appropriations bill and tax bills f impact, and the security impact. We that we just passed. I am very proud to should have had a chance to debate THANKING SENATOR HATCH have supported it. We have finally that issue as a separate issue. It is far Mr. CARDIN. Mr. President, while passed a budget for this year, giving too important to our energy security Senator HATCH is still on the floor, I predictability to our agencies and pro- and our energy policy in this country. thank and congratulate him on his viding predictability for those who de- Another concern I have—and let me work with regard to the tax provisions pend upon the government as a partner point this out—I supported the pack- we just voted on. I am a proud member or for services. age. I supported the tax provisions. The of the Senate Finance Committee. Sen- The alternative would have been an- tax provisions will be scored as losing ator WYDEN and Senator HATCH, work- other continuing resolution, which $680 billion over the next 10 years. I ing together in the best tradition of freezes in last year’s priorities at last think that is somewhat misleading. I the Senate, were able to bring out an year’s level. Now we have elevated ap- am going to be perfectly blunt about it. incredibly important bill that will add propriations with this year’s priorities. If you take out existing policy—this is predictability to our Tax Code and to The other alternative could have been the current policy in our Tax Code— provide, I think, the right incentives sequestration, which is mindless, that actually costs us about 10 percent for growth. across-the-board cuts, saying that of that $680 billion, but that is still a I thank the Senator for the work, and every priority in government is the substantial amount of money. I think I am proud to serve on the Finance same—when it is not. it would have been far better to deal Committee. We have avoided the worst con- with these issues in a long-term budget Mr. HATCH. If the Senator will yield sequence, that is, a government shut- agreement that dealt with the revenue for a comment. down that we have seen happen in the needs of our country, dealt with our Mr. CARDIN. I am pleased to yield to past. So we should be very pleased the discretionary spending targets moving my friend. political system has worked and we forward, as well as mandatory spend- Mr. HATCH. I thank the Senator. He have been able to pass a full-year ap- ing. That is what we should do rather is one of the really good people in this propriations bill with current priorities than taking this up in piecemeal and body. I am so grateful he is on the Sen- at a reasonable level. now making it a little more difficult

VerDate Sep 11 2014 05:00 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.050 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8870 CONGRESSIONAL RECORD — SENATE December 18, 2015 because the revenue projections are of the $150 million that is a part of the to deal with that vulnerable popu- going to be less than they were before. $1.5 billion commitment, legislation I lation. On the Omnibus Appropriations Act, authored with the help of our regional I have been a strong supporter of— on the Democratic side, I thank my colleagues. That commitment will and at one time I chaired—the Mary- colleague from Maryland, Senator MI- stand firm. land Legal Services Corporation. I have KULSKI. What a great job she did on our We know the Washington metropoli- been urging us to try to stop falling be- side; THAD COCHRAN on the Republican tan transit system is the Nation’s tran- hind in our commitment for the Legal side. Senator MIKULSKI is my seat sit system, and so many of our Federal Services Corporation. More and more mate. She is my colleague from Mary- workers depend upon it in order to be people are being denied access to our land. We are so proud that we have able to get to work. Amtrak, $1.4 bil- legal system because of the failure of given you one of the great leaders in lion, is critically important to the en- Congress to appropriate adequate the Senate, and that was demonstrated tire country. We are particularly de- funds. I am very pleased that in this on the Omnibus appropriations bill pendent upon Amtrak in the North- budget an extra $10 million is appro- that we voted on just a little while ago. east. The Baltimore Harbor will re- priated to the Legal Services Corpora- From my State of Maryland, we are ceive significant support. Those are tion. particularly pleased that so many of jobs maintaining our harbor. Poplar Is- I think my colleagues are aware of the military installations and Federal land, which is one of the environ- the challenges we have had in Balti- agencies that are in our State will get mentally friendly dredge sites, will get more. I am very pleased that the Obama administration, through its the resources—the predictable re- $26.5 million. sources—to carry out their very impor- I have spoken on the floor many agencies, has made resources available tant mission. We are proud of the role times to talk about the Chesapeake to Baltimore and other urban centers Maryland plays in our national defense Bay and the Federal partnership with to deal with opportunity for all com- munities and to restore the confidence with military installations such as the Chesapeake Bay. I was in the State between law enforcement and commu- from Fort Meade to Fort Detrick, from legislature when we started their pro- nity. This budget moves forward on Aberdeen Proving Ground to Patuxent gram, and $73 million is going to be di- those commitments—from body cam- River, Andrews to Indian Head, Walter rectly appropriated as the Federal por- eras for police to helping law enforce- Reed naval. We have major facilities tion for the Chesapeake Bay Program. ment deal with ending racial profiling, located in our State and now they will There are additional funds, such as $2.2 to the Byrne grant funds—and over $476 have a predictable budget to carry out million, for the Captain John Smith million is available. And community their critically important mission of Chesapeake National Historic Trail. and youth opportunities are in this national defense. There is $1.97 million for Chesapeake budget as well. The Byrne grant was On the civilian side, we have many Bay oyster recovery, $2 million for the one-half billion dollars. As to commu- important agencies located in our Chesapeake Bay Gateways and nity youth opportunities, this is a State that now will have the resources Watertrails Network. So there are re- budget that will help us deal with the they need in order to carry out their sources here that carry out the Federal problems in our urban centers. mission. I could mention so many, but Government’s commitment. Every I have taken the floor on several oc- if I might, the Census Bureau will get President in recent times has acknowl- casions to talk about our Federal a $282 million increase in their budget edged that the Chesapeake Bay is a na- workforce and how our Federal work- to start planning for the next census. tional treasure, the largest estuary in force has made incredible sacrifices NIH will get a $2 billion increase. That our hemisphere, and these funds will during these tough budget years. Al- is the largest increase they have re- help live up to the commitment. though they didn’t cause the deficit, ceived since 2003. The work they do is I am particularly pleased that under they have been called upon over and lifesaving. The appropriations bill will agriculture, the Regional Conservation over to contribute by being denied pay save lives in the United States and Partnership Program that we started raises, by being asked to pay more for around the world and will create jobs last year under the leadership of Sen- their pension, by being asked to carry because, as we know, the basic research ator STABENOW is funded. The Chesa- on more responsibilities with less per- done at NIH is so critically important peake Bay region will receive funds sonnel. to our economic growth. under that program to help in our ef- This budget is a reprieve from the I am pleased that in Woodlawn, in forts for preserving the Chesapeake past budgets. There is no punitive ac- Baltimore, the Social Security Admin- Bay. tion against our Federal workforce, istration will get $150 million for badly In the western part of my State, the and I am pleased for that. It provides a needed renovations of their facilities. Appalachian Regional Commission is modest pay adjustment of 1.3 percent. That is important for them to carry critically important for economic It provides protection on the data out their critical role of providing the growth. They receive an additional $56 breach that occurred under the cyber administration of the Social Security million of funds. To me, that is ex- attack that affected our Federal work- Act for our seniors, for our disabled, tremely important for the development force—protection for 10 years with a $5 and for those who depend upon the So- in the rural part of my State in west- million protection. That is within this cial Security Administration. ern Maryland. budget act as well. And we give them There are so many areas I could talk During the passage of the Affordable more resources and more personnel to about. The victims of domestic vio- Care Act, I authored and was pleased to support and carry out their mission. lence will receive the resources they see that we established a National In- On the national security front, I have need to carry out our commitment of stitute on Minority Health and Health already talked about the support for the law we passed. There are certain Disparities at NIH. It acknowledged our military installations. I am par- challenges we have in our community. the fact that we have not done histori- ticularly pleased that the FBI will re- The heroin epidemic is affecting every cally everything we need to do to deal ceive a $390 million downpayment on a State in our country, and this appro- with the disparities in our health care consolidated facility. The FBI today is priations act will provide resources to system. This year we are appropriating located in 30 different facilities, and deal with that. I am particularly an additional $9 million to the Insti- their main headquarters, the Hoover pleased that in dealing with drug tute. I think that continues our com- Building, is not adequate to meet the issues, the high-intensity drug-traf- mitment to make sure that we deal challenges they have today. All of us ficking area, the Baltimore-Wash- with all Americans’ health needs. have expressed our concern about ington corridor will receive the re- Last year, I brought before the Con- homeland security, about homegrown sources they need in order to deal with gress a request that we do something radicalization of our population. The the challenges. to deal with the Holocaust survivors FBI needs the facilities in order to Our Nation’s infrastructure benefits who are still alive and in the United keep the homeland safe and keep us from this legislation. I am particularly States. They are at a very delicate age safe. This is a $390 million downpay- pleased that Metro in the Washington and very fearful of being institutional- ment on a fully consolidated facility area will receive the next installment ized. This budget provides $2.5 million for the FBI.

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.051 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8871 A few weeks ago I wrote a letter with and the ability of people to bring cars safer because we are going to make 27 of our colleagues to our leadership, to work. When they take transit, they dual citizens go through a separate urging them that this Omnibus appro- are helping us, and we have now made process. And it will cause, I think, ac- priations bill should not be the place permanent the full limit on deduct- tions by our allies that will be counter- for so-called policy riders. I heard Sen- ibility of the transit benefits. So that productive to Americans and could ator MIKULSKI talk about it during her is a major step forward. I am very have some unintended consequences. comments. We were concerned that we pleased that we were able to make that That shouldn’t have been in this legis- were trying to legislate on an appro- permanent. I thank Senator SCHUMER lation. priation bill without the authorizing who took the lead on that, and I was I also think the restrictions on the committees doing the work they are proud to work with him on that. closing of Guantanamo Bay are mis- supposed to do. I am very pleased that The low-income housing tax credit guided. Guantanamo Bay should have most of these riders were excluded. So improvements that allow it to be more been closed a long time ago, and I re- we are not going to be talking about effective in its use were made perma- gret that those restrictions are con- potentially damaging provisions that nent. Conservation needs were made tinuing in place. could have been included in here—from permanent, and the S corporation im- The bottom line is that I am very restricting Planned Parenthood to af- provements, which help small busi- proud that we passed the omnibus bill. fecting the clean water of this Nation, nesses, were made permanent. There is I supported it enthusiastically. I think to affecting the ability of America to a lot here that we don’t have to worry it represents a compromise of the polit- respond to the challenges of climate about this next December or two De- ical balance of our Nation. We have re- change, to dealing with protection of cembers from now or even five Decem- solved many policy challenges. We pro- our workforce through labor laws, to bers from now, saying: Gee, are they vided predictability to our agencies public safety with restrictions that going to expire? and predictability to policies that help could have been put on gun safety leg- Now, we do have some success from 5- private investment and our economy islation, to dealing with our refugees. year reauthorizations. That does give grow. It advances a cleaner environ- All those areas and many more were us predictability and allows us to move ment, security of our homeland, edu- subject to policy riders that could have forward. The new markets tax credits cation and welfare of our citizens, been included in this omnibus budget are extended for 5 years. The new mar- Americans’ ability to compete glob- but were not. ket tax credits have been critically im- ally. On the tax front, I have already portant for development in my State of It deserves our support, and I am thanked Senator WYDEN and Senator Maryland. I could take you to East glad to see that it was passed. Shortly, HATCH. I am very pleased that we were Baltimore where you see redevelop- it will be signed by the President and able to do some very important things ment occurring. The new markets tax will be the law of this land. in the tax provisions. We got renewable credits are responsible for that. I could I note there are other colleagues fuels for wind and solar extended and take you to Maryland, close to here, in here. So let me just very briefly ask to improved, particularly for solar. I Prince George’s County and Mont- speak on a different issue. think this will make a huge difference. gomery County, and to the work they f But let me just quote from the are doing there. So these are very im- NOMINATIONS Bloomberg New Energy Finance, or portant tools that help create jobs, and BNEF, report. we now have more predictability. Mr. CARDIN. Mr. President, earlier In the short term, the deal will speed up Then we have the 2-year extenders, today I took the floor. Senator CRUZ the shift from fossil fuels more than the including the energy efficiency that I was here, and he raised an objection to global climate deal struck this month in led the effort on. a unanimous consent request that I Paris, and more than [the] Clean Power Plan So the bottom line is we now have had not yet made. I am not going to that regulates coal plants. . . . This is ex- make that unanimous consent request, actly the sort of bridge the industry needed. much greater predictability. The costs of installing wind and solar power Let me comment just very briefly as but I am going to mention, as the have dropped precipitously. . . . By the time the ranking member on the Senate ranking member of the Senate Foreign the new tax credit expires, solar and wind Foreign Relations Committee. I am Relations Committee—and our Pre- will be the cheapest forms of new electricity certainly pleased, when we look at the siding Officer is one of the distin- in many States across the U.S. budget that has been brought forward guished members of the committee— So these are significant. Am I satis- and passed now, for our foreign devel- that there are 14 nominations that fied? No. I would like to see them opment assistance. I am pleased that have been approved by the Senate For- stronger, particularly wind. I thought we have the support for Israel included eign Relations Committee, some a long wind could have been stronger. But I in this package and the economic aid time ago, by unanimous vote. These think we have made significant for Ukraine. are not controversial nominations. progress in dealing with renewables, As to refugee assistance, one of the Each of the individuals is well qualified which is what we have to do from the great humanitarian crises of our time, for the position. The Senate Foreign point of energy security, as well as our funds are in here for the United States Relations Committee, under the lead- environment and as well as our econ- to work with our international part- ership of Senator CORKER, reported omy. Having a more diversified energy ners to provide for refugee assistance. these nominations out in a very timely portfolio and being more energy secure There are many anti-corruption ini- way. Each of those in their own posi- will help our environment, will help tiatives. There is $2.5 billion in this tion is critically important to our na- our economy, and will help our na- budget for good governance and to ad- tional security. Having a confirmed tional security. vance human rights globally—a high ambassador in a country is critically On the tax side, I was very pleased priority of the Senate Foreign Rela- important to our national security. that we were able to make permanent tions Committee, working with Sen- Having the No. 4 person at the State several of the tax provisions that are ator CORKER. The two of us are work- Department confirmed is critically im- critically important to families in the ing very closely together to make it portant in negotiating security issues. United States. We were able to make clear that we won’t tolerate corruption It is our responsibility to take these the child tax credit permanent, the and that we will continue to work as nominees up and to act on them and to earned-income tax credit permanent, countries develop good governance and confirm them so that we can have con- and the American opportunity tax respect for human rights. firmed positions. credit for higher education costs per- As I said earlier, on the overall plan I will just mention a few. As I said, I manent. there are a couple issues in this budget had given notice that I would ask Transit parity. Transit parity is that I am very disappointed about. One unanimous consent, and Senator CRUZ where those—particularly Federal is the Visa Waiver Program, the dis- indicated that he would object and ac- workers—who use the transit system to criminatory provisions against dual tually came to the floor to object. But come to work don’t bring their cars. citizens. I don’t think it has anything we have to get this done. The reason We subsidize greatly the parking lots to do with safety. I don’t think we are we are not voting has nothing to do

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.053 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8872 CONGRESSIONAL RECORD — SENATE December 18, 2015 with these individuals—nothing, not because I think that is what we were Terrance was actually sworn in as a one thing. These are qualified people. elected to do. I urge my colleagues to New York City firefighter earlier this They are being held up for reasons un- allow us, when we come back in Janu- year, just like his dad. This speech is related to their important responsibil- ary, to have votes on these very quali- for them because they shared you with ities to our country. fied people who are serving our country all of us. This speech is for all the re- Thomas Shannon, a career person, to and are prepared to serve our country sponders who fought for all these years the position of Under Secretary of in a more significant way. so that our 9/11 heroes could have the State for Political Affairs. This is the Mr. President, I wish all my col- health care for the rest of their lives. point person who negotiates globally. leagues a very happy holiday season. The city of New York and the United Brian Egan to the position of State I yield the floor. States of America owe Ray and his Department Legal Adviser. We all have The PRESIDING OFFICER. The Sen- family a debt of gratitude that can questions on a lot of the legal issues on ator from New York. never truly be paid. Ray is the embodi- foreign policy, and yet we won’t con- f ment of everything we strive to be as firm a career person who has given his TRIBUTE TO RAY PFEIFER Americans: selfless, kind, brave, opti- career to public service. mistic, someone who fights for what is Mrs. GILLIBRAND. Mr. President, I David Robinson to the positions of right and never gives in. want to speak for a moment about a Assistant Secretary of State for Con- Ray, I know you are a fighter, and I great man and a wonderful friend of flict and Stabilization Operations and know you will get through this. You mine. His name is Ray Pfeifer, and he Coordinator for Reconstruction and have the prayers of more people than is an incredible leader and an inspira- Stabilization. This is a person who we tion to many, myself included. you know, and may God bless you and need to deal with a lot of the human Ray was a New York City firefighter your family. I look forward to cele- rights issues. for 27 years and 220 days, by his count. brating this hard-fought victory in per- John Estrada to the post of U.S. Am- He called it the best job in the world, son with you soon. bassador to Trinidad and Tobago. Drug and he said he was proud to put on the I yield the floor. trafficking—we need a confirmed am- uniform. But Ray had to retire last The PRESIDING OFFICER. The Sen- bassador. For months and months and September—years before he wanted ator from New Mexico. months they have been on the calendar to—because he has cancer. His cancer f and no action. has spread throughout his body—to his Azita Raji to be Ambassador to Swe- FRANK R. LAUTENBERG CHEMICAL ribs, his leg, and now to his brain. den and Samuel Heins to be Ambas- SAFETY FOR THE 21ST CENTURY We know that cancer can strike ran- ACT sador to Norway, our Scandinavian domly, sometimes with nothing to friends. blame, but there is nothing random Mr. UDALL. Mr. President, last night I was at the State Department this about Ray Pfeifer’s cancer. Ray now was a historic moment in the Senate. week for the holiday reception with the has cancer because he was a first re- After years and years of negotiations heads of missions that are stationed in sponder at Ground Zero, because he and collaboration, after working with Washington. Ambassadors from other was one of thousands who rushed to stakeholders across the country, we countries came up to me and said: Will help after we were attacked on 9/11. He made tremendous progress toward his- we get a confirmed ambassador? It is served in Engine 40, Ladder 35, in the toric, bipartisan environmental reform. affecting America’s security and rep- 9th Battalion, and most of the mem- The Frank R. Lautenberg Chemical utation, and we need to have confirmed bers of his battalion were killed on 9/11. Safety for the 21st Century Act passed ambassadors. Norway has gone 2 years Ray spent months on the pile searching the Senate on a unanimous voice vote, without a confirmed ambassador. We for his friends. He wouldn’t leave. He with 60 bipartisan cosponsors and with have a person who is eminently quali- spent months digging for bodies in the overwhelming support. This is a great fied. There is no objection to Samuel rubble. He spent months there, breath- milestone. Heins being confirmed. Yet we can’t ing in horrible, toxic air that hung First, I want to thank Senator VIT- get a vet on the floor of the Senate be- over Ground Zero like a deadly mist. TER. Senator VITTER and I introduced cause an individual Senator is object- Many Members of the Senate would this legislation for one basic reason: to ing. That is wrong. We have a responsi- actually recognize Ray because he has fix our Nation’s broken chemical safety bility to act. been down here so many times—dozens law. I remember that over 2 years ago David McKean to be Ambassador of of times—working the Halls of Con- we had a very quiet dinner, and we Luxembourg, Cassandra Butts to be gress, asking Senators to do the right walked away from that dinner saying: Ambassador to the Bahamas—that is thing and support the 9/11 bill. He was We are going to form a team, and we eight of the total number who are a strong, smiling man in uniform, trav- are going to get this done. It was after being held that I mentioned. As I said, eling in his wheelchair from office to Frank Lautenberg had passed away, I intended to make the unanimous con- office, with contagious optimism and and Senator VITTER is a man of his sent requests. Senator CRUZ has al- unmatched grace. Ray Pfeifer has word. We stuck to it, and we are mak- ready come to the floor to object. I re- never wavered. He has never been de- ing significant historic progress. I gret that. terred. He has never even given up his thank him for that. I urge my colleagues to work out efforts to pass the 9/11 health program. There were times when the bill was their problems, but do it in a timely But you must know, Ray was never stalled from even getting introduced, way and don’t hold America hostage, doing this for himself; he was doing it and Senators like TOM CARPER stepped because that is what you are doing by so other first responders didn’t have to. in and helped us get back on track. I not confirming these appointments. Ray wanted to be here today to see thank Senator CARPER for that. His You are not holding the Obama admin- this bill passed because he had worked early leadership as an original cospon- istration hostage; you are holding so long and so hard, but last week Ray sor of this bill got us off on the much America hostage. Who is hurt by not had to go back to the hospital because needed right foot. Other moderates having a confirmed ambassador in Nor- his cancer had spread to his brain. Ray joined in, and we had some momentum way? There are Americans who get is physically in New York right now, building up. hurt who depend upon our relationship but Ray’s indomitable spirit is with us This has been a long road to get here with Norway. There is a diaspora in the in the Capitol. His strength is with us. today. I thank Chairman INHOFE for his United States that is affected by not His unmistakable grace is with us. calm, steady leadership, and Senator having a confirmed ambassador to Nor- Ray, I know you are listening. We MERKLEY, Senator BOOKER, Senator way or to Sweden or to the other coun- never ever could have gotten this done WHITEHOUSE, Senator MARKEY, Senator tries that we have not been able to get without you. You did it. But I must tell COONS, Senator DURBIN, and many oth- a confirmed ambassador. you, Ray, this speech isn’t for you; this ers. They all helped move this forward I urge my colleagues who have prob- speech is for your wife Caryn and your and all helped make this a better bill. lems to enjoy the holiday, get some son Terrance and your daughter Tay- I also thank Bonnie Lautenberg. Sen- rest, and come back here ready to vote lor. ator Lautenberg fought hard for TSCA

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.055 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8873 reform. I was proud to take up that and Federal levels. She is a mother Our bill gives EPA sustained sources fight, and I am grateful to Bonnie, who first. Her 13-year-old son Harrison was of funding and ensures that the EPA’s has helped us every step of the way. born with autism and autoimmune de- priorities are not overwhelmed by pri- She has been an incredible advocate in ficiencies. Five years ago, Lisa testi- vate interests to ensure that the pro- terms of interacting with Senators and fied before Senator Lautenberg’s sub- gram we implement is a risk-based sys- their staff to push the crucial message committee on the need for reform. She tem. Additionally, the bill allows EPA forward on TSCA reform, and it was is eager to see TSCA reform signed into to develop cost-effective final regula- the message her husband Frank Lau- law. tions but without the high procedural tenberg would repeat every day when I That is why we are here—to fix this hurdles in the underlying statute, saw him in committee. He said: Are we broken system. Now we are close to the strikes an appropriate balance between doing the right thing for our children finish line for the first time in almost Federal and State action, gives States and our grandchildren? He really be- 40 years. the right to coenforce Federal stand- lieved TSCA reform would save more In 2009 the Obama administration ards. This will give a State’s attorney lives than anything he had ever done in laid out six essential principles for general the ability to move when the TSCA reform. The bill we passed last his life. He had a very rich life and Federal Government may not be mov- night meets all six of those principles, lived to be almost 90 years old. ing, and it leaves State civil actions and I will go through each one individ- I wish to also recognize the great ad- alone and gives no special advantage to ually. vocates for reform. A lot of this was either side in litigation. Principle No. 1, chemicals should be grassroots people standing up and say- We are on the verge of historic re- reviewed against safety standards that ing that we haven’t done what we need form, decades in the making and dec- are based on sound science and reflect to do for the American people, for our ades overdue. TSCA is the last of the risk-based criteria protective of human families, and for our children on chem- health and the environment. environmental laws from the 1960s and ical safety. There are too many to Our bill requires the EPA to assess 1970s left to be updated. Some days you mention all of them, but the Bipartisan chemicals based only on the health and might not think we could pass a major Policy Center stood up and helped out; safety information, not on the cost. environmental law in Congress, but we the Environmental Defense Fund—Fred That was a significant change we have proven that wrong and we have a Krupp, their leader, played a crucial made, and many of the Senators I very strong bill. role; the National Wildlife Federation; talked about earlier helped us to get Our bill finally gives the EPA the au- March of Dimes; North America’s that done. thority it needs to set clear guidance Building Trades Unions; the Inter- Principle No. 2, manufacturers for the EPA to evaluate new and exist- national Association of Machinists and should provide EPA with the necessary ing chemicals and to protect the Amer- Aerospace Workers; Moms Clean Air information to conclude that new and ican people. That is why support for Force; the Physicians Committee for existing chemicals are safe and do not this bill was so strong and continued to Responsible Medicine; the Humane So- endanger public health or the environ- build—from environmental, conserva- ciety, and so many others. All of these ment. tion, good government, industry, and groups taken together represent over Our bill gives EPA new authorities to health and labor groups. 30 million Americans. They all support develop testing data and requires a We will be working to reconcile the the Lautenberg act. They pushed Con- finding of safety before new chemi- bill with the House legislation. This is gress to act, and they kept pushing cals—as many as 1,500 a year—enter historic reform. The old TSCA will be until we did that. the market. The finding on safety obsolete. We will have a cop on the Many thousands of Americans have needs to be done not like it is done beat and will finally be able to protect worked for chemical safety reform over today but before they enter the mar- our kids from toxic chemicals. the last four decades. ketplace. I wish to again thank Senator VIT- Thank you for not giving up. Principle No. 3, risk management de- TER. I am proud to work with him on They understand that we need a na- cisions should take into account sen- this bill. We may have disagreed many tional solution to our broken chemical sitive subpopulations, cost, avail- times on other issues, and the negotia- safety law. ability of substitutes, and other rel- tions were sometimes difficult, but we The Toxic Substances Control Act evant considerations. stayed at the table, listened to all was enacted in 1976—nearly 40 years Our bill specifically requires the pro- sides, and looked for solutions instead ago. It was supposed to protect Amer- tection of vulnerable populations and of roadblocks, and I thank Senator lists examples of vulnerable popu- ican families, but it doesn’t. Over four VITTER for that. decades, the EPA has been able to re- lations, such as infants, the elderly, I also want to again thank the many strict just five chemicals and it has pregnant women, workers, and others. colleagues who worked with us to en- Principle No. 4, manufacturers and prevented only four chemicals from sure that we have the best possible bill. EPA should assess and act on priority going to market. That is out of tens of At every step of the way, we had Sen- chemicals, both existing and new, in a thousands of chemicals. ators from both sides of the aisle step timely manner. Everyday Americans go to the gro- forward, make suggestions, join the cery store or the hardware store, and Our bill requires the EPA to system- atically review all the chemicals in bill, cosponsor, and helped to move us they believe the chemicals in the prod- commerce, prioritizing the chemicals forward. ucts they buy have been tested and are of most concern first, and it sets ag- It wouldn’t be right to finish this safe, but that is not true because TSCA gressive, judicially enforceable dead- afternoon without mentioning the is broken. This is about health and lines for EPA decisions. staff. The staff in the Senate do an in- safety. This is about our children and Principle No. 5, green chemistry credible job in terms of getting focused grandchildren. This is about people should be encouraged and provisions on the issues, learning about them in like Dominique Browning, who works assuring transparency and public ac- depth, working with each other, and with Moms Clean Air Force and wor- cess to information should be strength- many times moving roadblocks out of ries about her kids and the toys and ened. the way. products they use every day. She her- Our bill includes a section on sus- We had a number of staff members self survived kidney cancer. When she tainable chemistry and also makes who worked on this legislation. Dimitri asked her doctor what caused her kid- more information about chemicals Karakitsos worked for Senator VITTER ney cancer, he said: ‘‘It’s one of those available by limiting industry’s ability when Senator VITTER was chairman environmental ones. Who knows? We’re to claim information as confidential, and he now works for Chairman full of chemicals.’’ That was her doctor and it gives States and health profes- INHOFE. Dimitri has been amazing in talking to her when she got kidney sionals access to confidential informa- terms of his staff ability and his under- cancer. This is about people like Lisa tion to protect the public. standing. We really appreciate all of Huguenin. Lisa is a Ph.D. scientist and Principle No. 6, EPA should be given his help. has done work on chemical exposure at a sustained source of funding for imple- I wish to also thank Chairman Princeton and Rutgers and at the State mentation. INHOFE’s staff director, Ryan Jackson;

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.058 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8874 CONGRESSIONAL RECORD — SENATE December 18, 2015 Zak Baig, with Senator VITTER; Colin Mr. SULLIVAN. Mr. President, I ask In my view, the Federal Government Peppard, with Senator CARPER; Adrian unanimous consent that the order for should be doing the same. The bill we Deveny, with Senator MERKLEY; Emily the quorum call be rescinded. voted on today and the process that Enderle, with Senator WHITEHOUSE; The PRESIDING OFFICER. Without produced it demonstrates that we are Adam Zipkin, with Senator CORY BOOK- objection, it is so ordered. not. ER; Michal Freedhoff, with Senator f Going forward, I certainly want to MARKEY; Jasmine Hunt, with Senator continue to work with my colleagues OMNIBUS LEGISLATION DURBIN; and Lisa Hummon-Jones, with on both sides of the aisle and the lead- Senator COONS. Mr. SULLIVAN. Mr. President, I ership on both sides of the aisle to con- I have mentioned the great work that want to say just a few words this after- tinue to work to improve this process Jonathan Black, a member of my staff, noon on the vote that was taken on the because the people we represent de- has done, but we have also had incred- Senate floor this morning. I will cer- serve much better than what just tran- ible work by my legislative director, tainly admit that this was a difficult spired. Andrew Wallace, and all of my staff at vote for me. This 2,200-page, $1.8 tril- Obviously there has been a lot of talk various points. This legislation has lion spending and tax reform bill cer- about the omnibus bill in the last cou- been a heavy burden, and my staff tainly does contain provisions that I ple days on the floor, but I just wanted worked hard to get this legislation have advocated for and will continue to to say a few words. Sometimes it takes completed. I truly appreciate the hard press for to benefit different Alaskan a reminder from home, a reminder work they have done, including my groups, small businesses, the energy from what is going on back home to chief of staff and everybody in the of- sector, and others. However, voting in ground us and to remind us of what is fice. favor of such a massive and consequen- really important in our lives, like fam- We also had the opportunity to con- tial piece of legislation without having ily and friends and life itself. sult with and ask for help from the the opportunity to fully understand or f Senate legislative counsel. They fully vet both its positive and negative SEARCH FOR CASEY GRAHAM worked to turn around text quickly at implications for Alaska and our Nation crucial points, and that makes all the or to offer amendments is something I Mr. SULLIVAN. Mr. President, I difference in the world—to have text, could not do in good conscience. would like to talk briefly about an ef- get it looked at, get the changes made, Leader MCCONNELL, majority whip fort that is going on in Alaska right and get back to the individuals who are Senator CORNYN, and so many other now to try to recover one of our own, involved. leaders in the Senate have worked hard Casey Graham—an Alaskan Native, a Michelle Johnson-Weider played a in terms of this process over the past patriot, 24 years old, the son of Steven key role, as did Deanna Edwards. I am year. You heard a number of Senators and Lucy Graham. sure there were others over there who come to the floor to talk about what He is 24 years old, the son of Steven and Lucy Graham and brother of also helped us out. This is not a defini- clearly has been a very productive Sen- Cheryl, Michelle, Megan, and Pauline. tive list. There were also many others. ate under their leadership, and I want He is a veteran who served in the Ma- I wish to conclude by thanking, to commend them for their leadership. rines and was deployed to serve his again, our bipartisan partners. Senator I appreciate their leadership. I know country in Afghanistan. He is a young VITTER and I have been working on this that in terms of the budget they tried for years. We took it up after Senator man in the prime of his life. to get this body to the right place, Casey has been described as smart, Lautenberg passed away. Senator VIT- meaning we actually passed a budget TER was on the committee as the rank- hard-working, extremely intelligent, for the first time in many years. We and a shining light for his community, ing member and the chairman—and passed 12 appropriations bills—again, back and forth—and then Senator his State, and his country. He lived in for appropriations, the first time in INHOFE took over. Anchorage but was from McGrath, AK. many years—but as the bills came to I remember when we had a meeting That is about 200 miles from Anchorage the Senate floor, they were halted, un- with Senator INHOFE, and he took a on the Upper Kuskokwim River. real interest in this legislation. He has fortunately, blocked, filibustered. I re- About a week ago he was visiting incredible calm, steady judgment in member debating not once, not twice, family when he decided to do what terms of pulling together what needs to but three times when the other side most Alaskans do in the winter—go out happen to get a bill done in this some- filibustered the Defense appropriations on a snow machine ride. It is thought times hyperpartisan atmosphere. As bill. This Senator still does not under- that he was on the ice on the river and chairman, he was always willing to lis- stand what was behind all of that, still hit open water. His snow machine and ten to the people on the committee, off is not 100 percent sure why the appro- his helmet have been found, but not the committee, and pull people to- priations and funding process was halt- Casey. gether to help them find common ed in this body. Then we saw the As I speak, the community of ground on this bill. smash-up the last week when every- McGrath is banding together for the re- With that, we look forward to work- thing came together at the end of the covery effort. It is a small town—only ing with our House colleagues. Many of year. about 350 people live there—but it is a us served in the House. We served with I am not sure what the motivation town with a huge heart. The commu- House Members FRED UPTON, FRANK was to do this, but I do know this: The nity has dropped everything. Every PALLONE, JOHN SHIMKUS, and Rep- way in which we fund our Federal Gov- day, dozens—as many as 50 Alaskans resentative TONKO. These are some of ernment—in this case, 72 hours to read have gone out to where they think the key people who will be working on a 2,200-page, $1.8 trillion, ‘‘take it or Casey was on the ice to bring him this in the House, and we look forward leave it’’ bill, negotiated by just a few home. Remember, in Alaska it is cold to working with them and their staff Members of Congress and the White right now. From December 10 when the and each other to reconcile these bills. House—is a broken process, and it is search began until now, temperatures The House has some very good ideas not worthy of our great Nation, nor the have ranged from about 22 degrees in its bill. We have been a little more people we represent. I also believe it is below zero to a high of about 16 above expansive and covered more areas, and a principal reason why we have seen an zero. There is a heated tent on the ice I hope they will work with us on that. explosion of trillions of dollars in debt where volunteers go to warm up and We look forward to working with them that imperils our Nation’s fiscal sta- eat lunch before they go back out and putting the two bills together and bility and certainly imperils our chil- searching. They eat moose stew mostly then getting this passed early next dren’s future. and, of course, a lot of salmon. The year. Back home in Alaska, we are cur- community is emptying their freezers I suggest the absence of a quorum. rently debating through a transparent, and making sure all the volunteers are The PRESIDING OFFICER. The open, and contentious process how to fed. clerk will call the roll. best address our State’s significant fis- In the true spirit of Alaska, in the The legislative clerk proceeded to cal challenges. We have big fiscal chal- true spirit of Christmas, so many com- call the roll. lenges just like this government does. panies and individuals across the great

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.059 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8875 State of Alaska are donating goods, Federal reserve banks by the Comp- ties next year for both sides to score services, airline miles, freight services, troller General of the United States, political points. But the appropriations food, hand and foot warmers, first-aid and for other purposes. process is not the place for that. And I kits, cold-weather gear—you name it. Mitch McConnell, John Barrasso, Roy hope Members in both parties will Everybody is pitching in to help. It is Blunt, John Cornyn, Cory Gardner, agree that it is more important to fund something that this body and this David Vitter, Shelley Moore Capito, the government than to play politics. country should be particularly proud Rand Paul, Johnny Isakson, Steve I am convinced that if we can restore Daines, Patrick J. Toomey, John Booz- of. man, Chuck Grassley, Mike Crapo, the appropriations process to one based Although I am not surprised by it, Mike Lee, David Perdue, Rob Portman. on bipartisan cooperation at every Casey’s marine brothers have flown in stage, all Senators will benefit. It will Mr. PERDUE. Mr. President, I ask from thousands of miles away, all give Members in both parties a mean- unanimous consent that the manda- across the country, to help in the ingful opportunity for input, and it will tory quorum call be waived. search. They served with him in Af- avoid the need for invoking cloture on The PRESIDENT pro tempore. With- ghanistan, and they have now come to motions to proceed to appropriations out objection, it is so ordered. Alaska from Texas, Pennsylvania, Cali- bills. With some luck, it also will allow Mr. PERDUE. Mr. President, I ask fornia, and as far away from Alaska as us to complete our work next year unanimous consent that notwith- New York. There are 11 now and more without a lameduck session and with- standing rule XXII, the cloture vote on the way. In the Marines, we don’t out another end of year crisis. And that occur at 2:30 p.m. on Tuesday, January leave our brothers and sisters behind, is something everyone should be able 12. and these marines are living up to that to agree on. The PRESIDENT pro tempore. With- ethos. In today’s polarized environment, out objection, it is so ordered. I am asking for the thoughts and that may seem like wishful thinking. prayers of this body and Americans— f But there is no reason we can’t make it any Americans all across this country THE APPROPRIATIONS PROCESS happen. We should build upon the mo- who are watching—on this effort. I am mentum created by adoption of the Bi- asking that we pray to bring Casey Mr. REID. Mr. President, the Repub- partisan Budget Act of 2015, which the home. lican leader and I are both long-time Senate passed with a 64-to-35 vote on Semper fi to him, his father, his sis- appropriators. I love the Appropria- October 30. And the key is really quite ters, and to those proud marines who tions Committee. But over time, the simple—genuine bipartisan cooperation are making sure he makes it home. appropriations process has broken at every step of the process. down. I yield the floor. f I suggest the absence of a quorum. There are differing opinions about The PRESIDING OFFICER. The the causes of the breakdown. Opinions RECOGNIZING THE 10TH ANNIVER- clerk will call the roll. typically vary depending on whether SARY OF HERMANDAD The bill clerk proceeded to call the Senators serve in the majority or mi- MEXICANA TRANSNACIONAL, roll. nority. But there is a bipartisan con- ORG. Mr. PERDUE. Mr. President, I ask sensus that we can and must do better. Mr. REID. Mr. President, I wish to unanimous consent that the order for I hope that in the coming session, both recognize the 10th anniversary of the quorum call be rescinded. sides can work together to restore the Hermandad Mexicana Transnacional, The PRESIDENT pro tempore. With- appropriations process to what it once Org. out objection, it is so ordered. was—a thoroughly bipartisan process Since it was established in 2005, f focused on governing, not a partisan Hermandad Mexicana Transnacional process focused on scoring political has been a strong advocate for the FEDERAL RESERVE TRANS- points. Latino community in southern Nevada. PARENCY ACT OF 2015—MOTION The need for bipartisanship should be In working to fulfill its mission of pro- TO PROCEED obvious. After all, during the next ses- moting family unity and community Mr. PERDUE. Mr. President, on be- sion, we will continue to be a divided empowerment, the organization en- half of the majority leader, I move to government. Republicans will be in sures that Latinos in Nevada have the proceed to Calendar No. 289, S. 2232. charge of the legislative branch, and legal, social, educational, and eco- The PRESIDENT pro tempore. The President Obama will continue to con- nomic support they need to thrive, re- clerk will report the motion. trol the administration. Neither side gardless of their immigration status. The senior assistant legislative clerk can force the other to accept its pre- Hermandad Mexicana Transnacional read as follows: ferred process or its preferred out- provides the Latino community with Motion to proceed to Calendar No. 289, S. comes. The only way to make this essential immigration services includ- 2232, a bill to require a full audit of the work is for both sides to work together ing assistance with navigating the im- Board of Governors of the Federal Reserve throughout the year and to make the migration system to become natural- System and the Federal reserve banks by the compromises needed to get appropria- ized U.S. citizens; applying for the De- Comptroller General of the United States, tions bills not just passed but signed ferred Action for Childhood Arrivals, and for other purposes. into law. DACA, program; renewing work per- CLOTURE MOTION Among other things, this means that mits and legal permanent resident Mr. PERDUE. Mr. President, on be- both parties will have to be part of the cards; and filing U-Visa and Violence half of the majority leader, I send a decisionmaking process from the be- Against Women Act petitions. cloture motion to the desk. ginning, at both the committee and Hermandad Mexicana Transnacional The PRESIDENT pro tempore. The leadership levels. This doesn’t just has formed important partnerships cloture motion having been presented mean developing individual bills in a with other entities to enhance the re- under rule XXII, the Chair directs the bipartisan way. It means reaching bi- sources it provides. These resources in- clerk to read the motion. partisan agreements on the sequencing clude supportive services for victims of The senior assistant legislative clerk and packaging of legislation, so that violence and free tax preparation serv- read as follows: one party’s priorities are not pursued ices, voter registration assistance for CLOTURE MOTION at the expense of the other’s priorities. newly naturalized U.S. citizens, and at- We, the undersigned Senators, in ac- True bipartisanship also requires torney consultation services for immi- cordance with the provisions of rule both parties to resist the temptation to gration cases at no cost to the client. XXII of the Standing Rules of the Sen- pursue poison pill riders that appeal to Furthermore, Hermandad Mexicana ate, do hereby move to bring to a close their own supporters but that are so Transnacional offers a variety of lit- debate on the motion to proceed to Cal- strongly opposed by the other party eracy and education courses for endar No. 289, S. 2232, a bill to require that their inclusion in appropriations English language learners through its a full audit of the Board of Governors bills would grind the process to a halt. adult education program. These of the Federal Reserve System and the No doubt there will be many opportuni- courses include elementary and middle

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.062 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8876 CONGRESSIONAL RECORD — SENATE December 18, 2015 school education classes and a prepara- blowers in response to whistleblower deposited in the fund and used solely tion course for Spanish-speaking stu- complaints and, in some cases, simply for the benefit of beneficiaries specified dents to obtain a General Education di- the belief that such complaints had in the Constitution of the State of Ari- ploma. been made. According to the article, zona, predominately Arizona’s K–12 I applaud Hermandad Mexicana the OIG has reported that Rear Admi- public schools. Transnacional for 10 years of dedicated ral Losey went so far as to make a list The Arizona Statehood and Enabling service to the Latino community in of suspected whistleblowers and inten- Act Amendments of 1999 repealed strict southern Nevada. Hermandad Mexicana tionally target them for discipline, de- investment and distribution limita- Transnacional is the only organization motion, and internal investigation. In tions imposed on the fund by the Con- of its kind in the Silver State, and its several instances, the OIG rec- gress in the State’s enabling act. It work is truly appreciated and admired. ommended personnel action be taken also granted the voters of the State of I also commend the distinguished lead- against Rear Admiral Losey for these Arizona the authority to adjust dis- ership of Hermandad Mexicana actions. However, the Navy appears tributions to the fund beneficiaries. To Transnacional, particularly Ms. Luz poised to ignore those findings and pro- accomplish that objective, Congress Marin Mosquera, Ms. Dora Lopez, and mote Rear Admiral Losey. specifically amended section 28 of the Ms. Kathia Pereira. Under their direc- On November 13, 2015, I joined with Arizona Enabling Act of 1910 to read, tion, Hermandad Mexicana seven other Senators, both Democrats ‘‘Distributions from the trust funds Transnacional has assisted more than and Republicans, in a request to Jon T. shall be made as provided in article 10, 45,000 people in southern Nevada with a Rymer, the inspector general for the Section 7 of the Constitution of the variety of immigration-related issues. Department of Defense, for the OIG in- state of Arizona.’’ This includes 4,000 people who are now vestigation reports related to Rear Ad- The Congressional Budget Office esti- U.S. citizens and 5,300 people who are miral Losey’s conduct. Those reports mate, which was included in the House now DACA beneficiaries. were provided to me and to the other of Representatives Committee report, I wish Hermandad Mexicana Senators signing the November 13 let- indicated that ‘‘[e]nactment of this bill Transnacional continued success as the ter just 3 days ago, on December 15, would give Arizona state officials organization continues its meaningful 2015, in redacted form. greater flexibility in investing and dis- work. Until I have had an opportunity to tributing the assets of the state’s per- f thoroughly review the inspector gen- manent funds.’’ eral’s findings related to Rear Admiral My understanding is that this ref- UNANIMOUS CONSENT AGREE- Losey and until I have received assur- erence to the Constitution of the State MENT NOTIFICATION REQUEST ances from the Navy that it will ad- of Arizona, in section 28 of the enabling Mr. GRASSLEY. Mr. President, I ask dress those findings specifically and act, authorizes the voters of the State unanimous consent to have my letter has policies in place to sanction retal- of Arizona to amend their constitution to Senator MCCONNELL dated December iation against whistleblowers more to authorize different distributions 17, 2015, printed in the RECORD. broadly, I will object to the Senate pro- than those in place in 1999, including There being no objection, the mate- ceeding with the Davidson nomination. distributions that may pay out more rial was ordered to be printed in the (At the request of Mr. LEE, the fol- funds to the beneficiaries. I ask the RECORD, as follows: lowing statement was ordered to be senior Senator from Alaska: Would she U.S. SENATE, printed in the RECORD.) agree? COMMITTEE ON THE JUDICIARY, f Ms. MURKOWSKI. I want to thank Washington, DC, December 17, 2015. the senior Senator from Arizona for his Hon. MITCH MCCONNELL, VOTE EXPLANATION question. I am familiar with the ena- Majority Leader, Russell Senate Office Build- ∑ Mr. RUBIO. Mr. President, on Octo- bling act’s requirements that funds are ing, Washington, DC. ber 7, 2015, I was unable to vote on the held in trust for certain beneficiaries, DEAR LEADER MCCONNELL: I request to be conference report to accompany H.R. including K–12 public schools, and that notified before any unanimous consent agreement is agreed to regarding the nomi- 1735, the National Defense Authoriza- distributions are made from Arizona’s nation of David Malcolm Robinson to be As- tion Act for Fiscal Year 2016. I ask that permanent land endowment trust fund. sistant Secretary for Conflict and Stabiliza- the RECORD reflect that, had I been The 1910 Arizona Enabling Act speci- tion Operations and Coordinator for Recon- present, I would have voted yes. fied the level of education-funding dis- struction and Stabilization. This request is Mr. President, on November 10, 2015, I tributions that must be made from the intended to be made publicly and will be dis- was unable to vote on the motion to State land trust fund. In 1999, Congress closed in the Congressional Record so my concur to the House Amendment to S. amended the 1910 act, eliminating the name need not be withheld. 1356, an Act to authorize appropria- distribution requirement and providing Thank you for your assistance. Sincerely, tions for Fiscal Year 2016 for military that such distributions be made as pro- CHARLES E. GRASSLEY, activities of the Department of De- vided for in the Arizona Constitution, Chairman, fense. I ask that the RECORD reflect specifically article 10, section 7. Thus, Committee on the Judiciary. that, had I been present, I would have as I understand it, so long as changes f voted yes.∑ to the education-funding distributions are accomplished by amendments to NOMINATION OBJECTION f article 10, section 7 of the Arizona Con- Mr. WYDEN. Mr. President, I am ARIZONA STATEHOOD AND ENA- stitution, and the funds are used for taking this opportunity to notice my BLING ACT AMENDMENTS OF 1999 the beneficiaries of the enabling act, objection to the Senate proceeding to Mr. MCCAIN. Mr. President, we wish the changes to funding distribution the nomination of Janine Anne David- to speak today about the Arizona amounts from the State land trust are son of Virginia to be Under Secretary Statehood and Enabling Act Amend- proper. of the Navy. My concern is not with ments of 1999 concerning the invest- Mr. MCCAIN. I thank Senator MUR- Ms. Davidson’s nomination, per se, but ment allocation and distribution of KOWSKI for her answer. I have one fur- with a larger matter concerning the revenues in the State of Arizona’s per- ther question. I believe, should the vot- Navy and its policies and practices manent land endowment trust fund. ers of the State of Arizona change the with regard to retaliation against This fund consists of moneys derived amounts distributed to the fund bene- whistleblowers. from the sale of State trust land that ficiaries by amending article 10, sec- On October 21, 2015, the Washington was conveyed to the State of Arizona tion 7 of the Arizona Constitution, that Post reported that the Navy plans to on admission to the Union in 1912. The the consent of Congress is not required promote RDML Brian L. Losey, even State of Arizona was granted approxi- prior to the change taking effect. though the Department of Defense Of- mately 10.9 million acres of land at Would the Senator agree? fice of Inspector General, OIG, has statehood and today holds in trust over Ms. MURKOWSKI. Senator MCCAIN, found on multiple occasions that he re- 9 million acres. Every year, revenues because Congress specified that dis- taliated against perceived whistle- generated from trust land uses must be tributions may be made as determined

VerDate Sep 11 2014 06:03 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.016 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8877 in article 10, section 7, of the Arizona Nicotine, Nicotine-Containing E-Liq- community involvement practices have Constitution, I share his view that uid(s), and Other Tobacco Products; not been sufficient. I look forward to Congress need not provide consent. Request for Comments.’’ working with her to continue to ac- Mr. MCCAIN. I thank the Senator This ANPRM sought comments, data, complish the intent of the language I from Alaska for her response. and research results that will inform introduced which was adopted by unan- f future regulatory action. As the regu- imous consent earlier this year during lating agency of these products, FDA Senate consideration of the transpor- CHILD NICOTINE POISONING must use all of its regulatory tools to tation and housing appropriations PREVENTION ACT OF 2015 protect children from the harms of e- bills. Ms. MURRAY. Mr. President, today I cigarettes and liquid nicotine, includ- Since September 2014, residents in wish to engage in a colloquy with my ing the regulation of liquid nicotine Arizona around the Phoenix Sky Har- colleague from Florida to speak briefly packaging. bor Airport have had their daily lives about the Senate’s recent passage of S. I look forward to working with Sen- impacted by changes to flights paths 142, the Child Nicotine Poisoning Pre- ator MURRAY and our colleagues at the made without formal notification to vention Act of 2015, which was intro- FDA and at the CPSC on this impor- the airport or community engagement duced by Senator NELSON and which I tant issue. Together, we can ensure before the changes were implemented. cosponsored, along with many of our that every measure is taken to prevent The intent the language included in colleagues on both sides of the aisle. more harm to our children from these the omnibus is to improve outreach to Liquid nicotine is very dangerous: dangerous products. the community and airport, providing an opportunity for notification and even a small amount on the skin is f enough to make a small child very ill. consultation with the operator of an A 15-milliliter bottle, like those sold in FAA COMMUNITY INVOLVEMENT affected airport and the community be- stores and online—often without any Ms. COLLINS. Mr. President, I wish fore making future flight path deci- verification that the buyer is not a to join my colleague from Arizona, sions. minor—contains enough liquid nicotine Senator MCCAIN, in a colloquy regard- Furthermore, for changes that have to kill four children. This substance is ing an aviation noise concern of par- already been implemented, as is the marketed in bright colors and sweet ticular interest to his constituents in case in Phoenix, the Administrator flavors, so it is no surprise that it finds the Phoenix area. shall review those decisions to grant a its way into the hands of our children. During the floor debates on the categorical exclusion under Section In 2014 alone, the American Associa- transportation and housing appropria- 213(c) of the FAA Modernization and tion of Poison Control Centers reported tions bills in both the House and the Reform Act of 2012 to implement proce- over 1,500 liquid nicotine exposures. Senate, there were a number of amend- dures in which the changed procedure These exposures resulted in many seri- ments adopted related to the Federal has had a significant effect on the ous injuries and at least one tragic Aviation Administration’s air traffic human environment in the community death of a child in New York. procedures and, in particular, the noise in which the airport is located, if the Mr. NELSON. I agree with my col- that FAA-approved flight patterns cre- airport can demonstrate that the im- league from Washington—we cannot ate in communities. The Senator from plementation has had such an effect. If stand by and allow this harm to con- Arizona offered an amendment dealing this review indicates that the flight tinue. The U.S. Government requires with this issue, which I was happy to path changes have had such an impact, child-resistant packaging on other accept during the abbreviated consider- the FAA shall consult with the oper- products, including over-the-counter ation of the THUD bill on the Senate ator of the airport to identify measures medications and cleaning supplies. floor. to mitigate the effect of the procedure These rules have prevented countless As a result, the omnibus includes bill on the human environment, including injuries and deaths, and this important language requiring the Federal Avia- considering the use of alternative flight paths. legislation will ensure we have the tion Administration to update its This would not impede the efforts to same protections in place when it ‘‘community involvement manual’’ re- modernize our Nation’s airspace lated to new air traffic procedures in comes liquid nicotine. through NextGen or substantially un- Ms. MURRAY. That is why my col- order to improve public outreach and dermine efficiencies and safety im- league, the ranking member of the community involvement. The FAA is provements realized through those ef- Committee on Commerce, Science, and directed to complete and implement a forts. It does create a long-awaited, Transportation, and I, as ranking plan which enhances community in- much-needed opportunity for residents member of the Committee on Health, volvement and proactively addresses around Phoenix Sky Harbor Inter- Education, Labor and Pensions, urge concerns associated with performance- national Airport negatively impacted the Consumer Product Safety Commis- based navigation projects. by flight noise to have their voices sion, CPSC, to act swiftly to imple- I know this is an important issue for heard by the FAA. ment S. 142. you, Senator MCCAIN, and I appreciate Ms. COLLINS. To be clear, the FAA At the same time, we note that Con- you joining me on the floor today so should be ensuring that local commu- gress is aware that the Food and Drug that we can send a clear message to the nities have a voice when decisions that Administration has indicated a com- FAA about the importance of involving affect them directly are being made by mitment to addressing the important your constituents. the agency. public health issue of protecting chil- Mr. MCCAIN. Mr. President, I wish to f dren from the dangers of liquid nico- thank the Senator from Maine for her tine. The agency’s proposed tobacco consideration. I wish to provide further REQUIRED STATE PREEMPTION deeming rule when finalized will ex- detail on the provision included in the PROVISION IN THE FRANK R. tend FDA’s tobacco authorities to omnibus requiring the Federal Avia- LAUTENBERG CHEMICAL SAFETY products like e-cigarettes not mar- tion Administration to improve com- FOR THE 21ST CENTURY ACT keted for therapeutic purposes and liq- munity involvement policies and ad- Mr. WHITEHOUSE. Mr. President, uid nicotine. dress concerns stemming from changes today, with my colleagues Senator Mr. NELSON. Like my colleague, I associated with performance based CORY BOOKER and Senator JEFF urge FDA to act as quickly as possible navigation projects, including what we MERKLEY, I wish to discuss the Frank to address this important public health expect the FAA to do to provide relief R. Lautenberg Chemical Safety for the issue as soon as they have jurisdiction for impacted communities, and what 21st Century Act, S. 697. Some oppo- over these products, and we understand that means for the people of Arizona. nents claim it creates a regulatory they intend to do so. On July 1, 2015, I appreciate the Senator from Maine void that will prohibit States from cre- FDA issued an Advance Notice of Pro- for acknowledging that community ating or enforcing State policies while posed Rule Making, ANPRM, titled, outreach on the part of the FAA to EPA assesses chemicals for safety. We ‘‘Nicotine Exposure Warnings and date has been lacking, and that efforts opposed the bill as introduced because Child-Resistant Packaging for Liquid underway at the FAA to update their that was the case. Since then, we

VerDate Sep 11 2014 06:03 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.071 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8878 CONGRESSIONAL RECORD — SENATE December 18, 2015 worked together with Senators UDALL, HONORING CORPORAL ANDREW A. Ms. Cromwell began her civil service VITTER, and INHOFE to restore the abil- AIMESBURY career in 1973 as a clerk in the Office of ity of States to protect their citizens Mrs. SHAHEEN. Mr. President, I Programs and Resources for the U.S. while EPA is assessing chemicals by have come to the floor to honor the Department of the Air Force. In 1974, substantially shrinking the interim pe- service and sacrifice of Army CPL An- Ms. Cromwell moved to the Air Force riod of time where preemption occurs drew Aimesbury, who died last week legislative liaison office under the Sec- and by creating a straightforward from wounds sustained during squad retary of the Air Force where she waiver process. live-fire training at Fort Stewart, GA. would serve for the rest of her distin- Mr. BOOKER. The provision requires He was a proud son of New Hampshire, guished career. She worked in the Air EPA to allow States to regulate haz- and I join with other Granite Staters Force Senate liaison office in the Rus- ardous chemicals while EPA assesses a in extending my deep condolences to sell Senate Office Building, but spent chemical for safety if the proposed his father, Carl Aimesbury, of the majority of her time in the Air state regulation meets three basic cri- Somersworth; his mother, Karen Force congressional inquiry office in teria: A, consistent with the dormant Kelsey, of Dover; and his sister, Abigail the Pentagon. commerce clause of the U.S. Constitu- Aimesbury, also of Dover. During her many years in the con- tion, compliance with the proposed reg- Corporal Aimesbury served coura- gressional inquiry division, Ms. Crom- ulation will not unduly burden inter- geously in Afghanistan and was highly well provided responses to over 50,000 state commerce in the manufacture, respected as a warrior and team leader inquiries on behalf of constituents and processing, distribution in commerce, with an elite Ranger unit. His bat- formed a strong working relationship or use of a chemical substance; B, com- talion commander praised his ‘‘caring with many on congressional staffs. It is pliance with the proposed regulation nature’’ and called him ‘‘an exceptional not surprising that staff frequently re- would not cause a violation of any ap- Ranger leader and an extraordinary quested that Cheryl personally work plicable Federal law, rule, or order; and man.’’ their most important and difficult C, the State or political subdivision of It is deeply moving to read a post on cases. a State has a concern about the chem- Facebook by his father, Carl It is my honor to join many of Ms. ical substance or use of the chemical Aimesbury. Mr. Aimesbury wrote: Cromwell’s co-workers, family, and substance based in peer-reviewed ‘‘Wednesday December 9th the world friends in congratulating her on her science. lost the best son, brother, cousin, well-deserved retirement after over 42 years of dedicated Federal service. Given the importance of this provi- grandson, person that I was so privi- sion and the role EPA will play in re- leged to call my son. He was an Army f viewing waiver applications, we asked Ranger and so proud to serve his coun- TRIBUTE TO AIKO LANE EPA for its interpretation. EPA agrees try. My heart is broken but I am so Mr. CARDIN. Mr. President, I would that States will be exempted from pre- thankful for the time I had with him. I like my colleagues to join me in thank- emption by meeting three criteria. The love you Andrew.’’ As we honor An- ing Aiko Lane, a Brookings fellow from following are the relevant excerpts drew, let us remember that it is not the Department of Defense, for her from EPA’s response: only our warriors who serve and sac- service to the Senate and to wish her rifice but also their family members Based on the bill reported on June 18, well as she returns to the Pentagon. and loved ones. 2015, S. Rep. 114–67, the following is a Before Aiko joined my office she was Corporal Aimesbury represented the summary of how EPA understands the a policy adviser in the office of the very best in our Nation. After gradua- Frank R. Lautenberg Chemical Safety Secretary of Defense focusing on coun- tion from Dover High School in Dover, for the 21st Century Act, FRL21, would tering weapons of mass destruction. NH, he enlisted in the Army and operate with respect to the preemption She has also served as the Japan coun- trained as an infantryman at Fort of state law. try director where she represented the Benning, GA. He went on to complete Required waivers under section Department of Defense on issues re- the Ranger Assessment and Selection lated to the U.S.-Japan alliance, in- 18(f)(2). These would be State requests Program as well as the highly demand- for an exemption from preemption cluding coordinating the U.S. response ing Army Ranger Course and was as- to Japan’s 2011 devastating To¯ hoku under section 18(b). EPA must grant signed to Company D, 1st Battalion, this kind of waiver request if the State earthquake and tsunami. 75th Ranger Regiment. Prior to her work on Japan, Aiko was law for which waiver is sought would Soldiers typically flinch from the not unduly burden interstate com- the Afghanistan country director term ‘‘hero.’’ But make no mistake, where she was responsible for engaging merce; the State law for which waiver Andrew Aimesbury answered the call of is sought would not cause a violation with international partners and allies duty, served our Nation in time of war, on military support for the U.S. and of Federal law; and the State has a and was prepared to—and did—make concern about the chemical substance NATO-led efforts in Afghanistan. the ultimate sacrifice. If that is not Aiko, who received her under- or use of the chemical substance based heroism, I don’t know what is. in peer-reviewed science. graduate degree from Northwestern There is an inscription at Arlington and a master’s degree from Columbia, Mr. MERKLEY. Each of these stand- National Cemetery that pretty much has been an important member of my ards has a constitutional foundation. says it all: ‘‘Not for fame or reward, foreign policy team over the last year, The first reflects the restraints of the nor lured by ambition or goaded by ne- focusing much of her time and energy dormant commerce clause. The second cessity, but in simple obedience to on my work as ranking member of the reflects the Constitution’s supremacy duty.’’ Senate Foreign Relations Sub- clause. The third corresponds to the I join with people in New Hampshire committee on East Asia, the Pacific scientific factual predicate required to and across the United States in hon- and International Cybersecurity Pol- meet scrutiny under the due process oring the ‘‘simple obedience to duty’’ icy. Aiko’s expertise in matters per- clause, as not ‘‘arbitrary and capri- of this brave fallen soldier, CPL An- taining to East Asia and the Pacific cious.’’ drew Aimesbury. and her solid advice and thoughtful Restoring the ability for States to f analysis of all regional matters have protect their citizens while EPA as- been critical to me. Moreover, Aiko’s sesses the safety of chemicals was one TRIBUTE TO CHERYL S. hard work enabled the subcommittee of the primary goals of our work to im- CROMWELL to hold five hearings this year on mat- prove this bill and that has been ac- Mr. GRAHAM. Mr. President, today I ters ranging from democratic transi- complished under section 18(f)(2) of S. wish to honor Ms. Cheryl S. Cromwell tions in Southeast Asia to the North 697, as reported by the Environment who will retire on January 3, 2016, after Korean nuclear threat. and Public Works Committee. We be- over 42 years of service to our Nation There is no question that the United lieve this does, within the limits im- and the United States Air Force as a States is fortunate to have people like posed by the Constitution. civilian airman. Aiko representing Americans both at

VerDate Sep 11 2014 06:03 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.076 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8879 home and abroad. We here in the Sen- work on rural and economic develop- The FRA is a congressionally char- ate will miss Aiko’s extensive knowl- ment issues, he has worked on initia- tered military and veterans service or- edge and extraordinary work ethic as tives related to housing, labor, trade, ganization that serves active members she returns to the Department of De- veterans, energy, banking, budget, and veterans of the U.S. Navy, Marine fense. I also want to take this oppor- taxes, immigration, water resources, Corps, and Coast Guard. In his new tunity to thank Aiko’s husband, Haru, transportation, and much more. role, Mr. Courneya will work to and their children, Callea and Kent, for Highlights of his contributions as a strengthen the organization and in- sharing her with us this past year. The member of my staff include his suc- crease national recognition of the work Senate schedule isn’t always the most cessful work to stop the transfer of the being done by the FRA on behalf of our ‘‘family friendly’’ but Aiko has been terminal approach control radar, Nation’s heroes. He will also serve as able to juggle the competing demands known as TRACON, from the Boise air- an advocate for the issues important to masterfully. I urge my colleagues to port. Bob spent countless hours work- sea service members and their families. join me in thanking Aiko Lane for her ing with affected parties to build an Mr. Courneya has been a member of outstanding service to our Nation. overwhelming justification for retain- the FRA since 1982 and is currently a ing TRACON at the Boise airport. He member of the FRA Branch 274 in f also worked heavily on trying to re- Reno. Throughout his service to this RECOGNIZING THE 240TH ANNIVER- store a key Amtrak corridor between organization, he has held numerous im- SARY OF THE NAVY CHAPLAIN the Midwest, the Intermountain portant roles on the local, regional, CORPS States, and the Pacific Northwest. and national levels, including serving Mr. LANKFORD. Mr. President, 240 As a fellow veteran, Bob has utilized as both the association’s west coast re- years ago, the Navy Chaplain Corps his shared understanding of serving our gional president from 2004 to 2006 and was established. Chaplains serve our Nation to connect with Idaho’s vet- national vice president from 2012 to Nation by serving the members of our erans community and help improve 2013. military—providing prayer, comfort, veterans’ access to quality services. He I am grateful for Mr. Courneya’s support, healing and restoration. has attentively and efficiently admin- many contributions to sea service Chaplains go into the darkest places istered the presenting of the Spirit of members and veterans throughout our on earth to serve those who risk their Freedom Award, which is an annual Nation and State. His actions represent lives for our Nation. They have seen award to veterans and volunteers to only the greatest of Nevada’s values the worst, but still provide hope for recognize their great contributions to and place him among the outstanding something greater. Over the course of our armed services and veterans. men and women who have valiantly de- their ministry, 16 Navy chaplains have Bob is pragmatic and witty. He fended our Nation. I would also like to given the ultimate sacrifice. Addition- brings his calm, commonsense ap- recognize his wife, Helen, who was se- ally, two chaplains have been awarded proach to any task, and I will miss his lected as the national president of the the Congressional Medal of Honor for logical counsel and good humor. Bob is auxiliary. Our State is fortunate to their devoted service. so widely admired that there has been have role models such as Mr. and Mrs. After over a decade of conflict in Iraq no shortage of Idahoans who have Courneya serving Nevada’s brave. As a member of the Senate Veterans’ and Afghanistan, chaplains today con- shared fond memories of times they have worked with Bob over the years Affairs Committee, I recognize Con- tinue to bring support and hope to and the achievements he has made for gress has a responsibility not only to those affected by war. Protecting and the people of our great State. honor the brave individuals who serve advancing the religious liberty of both Bob, you have done ‘‘not bad for a our Nation, but also to ensure they are chaplains and servicemembers is essen- kid who grew up on a farm in Sunny cared for when they return home. I re- tial to preserve our honored heritage. Slope on the banks of the Snake main committed to upholding this On the 240th anniversary of the Navy River.’’ I hope that retirement will pro- promise for veterans in our State and Chaplain Corps, we recognize their vide much-deserved time fishing, and across the country. I am grateful to dedication and devotion, their service that I will still get to benefit from have Nevadans like Mr. Courneya to a cause greater than themselves, your wise assistance from time to working towards a common goal: fight- and their selfless sacrifice for our na- time. Thank you for your outstanding, ing to ensure the needs of our military tion. We also recognize the importance committed service. Congratulations on community are met. of protecting their right and the right your retirement. I wish you all the Mr. Courneya has demonstrated pro- of every servicemember to practice best. fessionalism, commitment to excel- their religious beliefs. f lence, and dedication to the highest On this day, we recognize all Navy standards of the U.S. Marine Corps. I chaplains who have answered the call ADDITIONAL STATEMENTS extend my greatest gratitude for his to serve where it matters, when it mat- service to defending our freedom and ters, with what matters since 1775. TRIBUTE TO VIRGIL COURNEYA his work on behalf of the FRA. I am f humbled and honored by his service ∑ Mr. HELLER. Mr. President, today I TRIBUTE TO BOB FORD and am proud to call him a fellow Ne- wish to congratulate Virgil Courneya vadan. Today I ask my colleagues to Mr. CRAPO. Mr. President, today I on being selected as National President join me in congratulating Mr. wish to honor Bob Ford, who is retiring of the Fleet Reserve Association, FRA. Courneya on being selected as national from Senate service. Bob is a valued, It gives me great pleasure to recognize president of this important organiza- longtime member of my staff and dear his achievement in being selected to tion.∑ friend. lead an organization that does so much f In September of 2002, Bob joined my for our Nation’s military community. staff as the State director for business, Mr. Courneya enlisted in the U.S. CONGRATULATING PAT economic, and rural development. Bob, Marine Corps in 1972 and served his SKORKOWSKY originally from the Sunny Slope area country for nearly a quarter century. ∑ Mr. HELLER. Mr. President, today I of Canyon County, brought to the posi- Throughout his military career, he re- wish to congratulate Clark County tion a profound knowledge of rural and ceived numerous assignments across School District Superintendent Pat economic development shaped by his the country, where he served in Cali- Skorkowsky on being named National service as the State manager of rural fornia, Nevada, North Carolina, Ha- Superintendent of the Year by Jobs for development for the Idaho Department waii, and Pennsylvania. He also served America’s Graduates, JAG. This award of Commerce, where he worked for 17 overseas in Japan and Bolivia. Before is truly prestigious and attained by years in various capacities. retiring in 1996, he achieved the rank of only the most influential educators To say that Bob assisted me in a master gunnery sergeant. Mr. across the country. number of issue areas is an understate- Courneya’s service is invaluable to our JAG is a nonprofit organization that ment. He has worked on far too many country, and I am grateful for the sac- is focused on improving the edu- efforts to count. In addition to his rifices he made for our freedoms. cational outcome of America’s youth

VerDate Sep 11 2014 06:03 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.074 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8880 CONGRESSIONAL RECORD — SENATE December 18, 2015 to ensure they are equipped to succeed doctorate in 1947. During this time, Susan; three grandchildren; and nine in higher education and the workforce. Glee married Gerry Buhler, his wife of great-grandchildren as they begin this The Nevada chapter of this State-based more than 70 years. Together, they new year in the absence of their loved national organization has been a driv- moved southwest to Larned, where one.∑ ing force to help integrate the JAG Glee partnered with Maurice Wildgen f program into 19 schools in the Clark to found the Wildgen & Smith Law REMEMBERING MAJOR GENERAL County School District, assisting the Firm. Within 2 years of establishing his WILL HILL TANKERSLEY needs of more than 700 students in 37 law practice, Glee was elected to his schools across the State. Mr. first position of public service as ∑ Mr. SESSIONS. Mr. President, today Skorkowsky played a significant role Pawnee County attorney and later to I wish to pay tribute to MG Will Hill in implementing this program after a the Larned Board of Education, on Tankersley, a patriot and friend. Gen- successful pilot trial at several schools which he served for 12 years. eral Tankersley died Saturday, Novem- across our State. These two roles provided the bedrock ber 28, 2015, at the age of 87. General Over 25 years ago, Mr. Skorkowsky for Glee’s work on behalf of Kansans Tankersley exemplified the attributes began working as an educator for the and instilled a deep respect for the rule of service, loyalty, and, perhaps most Clark County School District. of law and commitment to education. precious to him, duty. He leaves behind Throughout his tenure, he has served He was a 67-year member of the Kansas an adoring family, generations of as a teacher, assistant principal, prin- Bar Association—20 of which were friends and admirers, and a legacy that cipal, academic manager, deputy super- spent as a member of the Board of Gov- will persist long after his passing. intendent, and now as superintendent. ernors. In addition, President Gerald He was born February 28, 1928, to a Mr. Skorkowsky spearheaded the idea Ford appointed Glee to the First Board family with deep roots in Alabama. In that drives the nation’s fifth largest of Directors of the National Legal fact, his grandfather settled around school district: ‘‘Every student in Services Corporation, which he served what would become Montgomery in 1815, 4 years before Alabama achieved every classroom, without exceptions, on from 1975 to 1979. He also served on statehood. When only a boy, his father, without excuses.’’ During his time as the Kansas Board of Regents for 8 Felix Marcus Tully, passed away, leav- superintendent, Mr. Skorkowsky has years, including 2 as chairman. These ing him in the care of his mother, upheld this philosophy, implementing are just a few of the many other causes ‘‘Miss Corrie’’ Melton Hill. His paternal strategies to improve the academic ex- that Glee took part in and often ended grandfather, Judge Will Hill, became a perience for every student who attends up leading. Many remember Glee’s father-figure to young Will Hill, ensur- a Clark County School. Southern Ne- leadership from his 16 years in the Kan- ing his mother and her young family vada is fortunate to have someone of sas State Senate, during which he were provided for and that Will Hill such great experience working on be- served as Judiciary Committee chair- and his brothers received an education. half of the future of Nevada’s youth. man, Ways and Means Committee Despite facing these difficult odds, As a father of four children who at- chairman and president of the senate Will Hill attended the Citadel and Mar- tended Nevada’s public schools and as for his final 8 years. ion Military Institute before gaining the husband of a teacher, I understand The comments left on Glee’s obituary acceptance to West Point, from which the important role that educators play in the Lawrence Journal-World do serv- he graduated in 1950. Soon after grad- in enriching the lives of Nevada’s stu- ice to the impression that he left on uation, before his class had even gone dents. Ensuring that America’s youth those around him: through basic training, he was sent are prepared to compete in the 21st ‘‘Glee was a great person and a true into combat in Korea, serving six cam- century is critical for the future of our gentleman[.] He was a great person to paigns as a combat infantryman. For country. Mr. Skorkowsky has worked work with in governmental affairs and his service, he was awarded the Distin- tirelessly to help prepare students socially as well.’’ guished Service Medal, Bronze Star, across southern Nevada to be career ‘‘[I] loved his stories of how Ger[ry] and Combat Infantry Badge. and college ready, and I am grateful to and he met and that he loved her from The West Point Class of 1950 has the have him serving as an ally to future the moment he saw her!!! Their love tragic distinction of suffering through generations of Nevadans. and devotion have been inspiring . . . some of the heaviest wartime losses in I ask my colleagues and all Nevadans It was an honor to get to know him.’’ the history of the academy; he was one to join me in thanking Mr. ‘‘There will always be an empty seat of only six of his classmates in his regi- Skorkowsky for his dedication to en- at First Presbyterian Church where ment not killed, wounded, or captured. riching the lives of Nevada’s students Glee sat beside his beloved Gerry. He In fact, at the age of 23, then-Lieuten- and in congratulating him on receiving was a stately gentleman and a truly ant Tankersley had the unfortunate this award. I wish him well as he con- gentle man. He will be sorely missed by distinction of being the oldest living tinues creating success for all students all who knew him.’’ infantry lieutenant in the 19th Infan- who enter the Clark County School ‘‘One of the rewards of serving on the try Regiment. District.∑ Kansas 4–H Foundation was serving It was in 1953 while stationed at Fort f alongside people like Glee. Leadership, Benning that he met Theda Clark Ball, Vision, Wisdom, Caring, Friend—a few also of Montgomery, whom he soon REMEMBERING GLEE S. SMITH, words that describe Glee Smith.’’ married. She was the love of his life, JR. ‘‘Although his impact was great in and her special place in his heart re- ∑ Mr. MORAN. Mr. President, on No- his efforts on behalf of the State of mained after her death in 2013, after al- vember 16, Kansas lost one of its great- Kansas and KU, it was most significant most 60 years of marriage. est citizens when Glee Smith, Jr., in all the lives he touched along the Once leaving the regular Army, Will passed away at age 94. Today, I pay way.’’ Hill returned to Montgomery and tribute to Glee and celebrate his life, Glee Smith taught through his ac- joined the investment bank Sterne his legacy, and his service to our State tions that true satisfaction in life Agee & Leach. His 45 years at Sterne and Nation. comes from service to others. This is Agee saw him rise to the top of the or- Glee was born and raised in 1921 in the legacy we should all hope to leave ganization, becoming a vice president, Rozel—a rural central Kansas town behind for the next generation. board member, senior vice president, with a population of 156. After high I always believe what happens in the chairman of the executive committee school, like so many members of our nation’s capital is important, but the of the board of directors, president of ‘‘greatest generation,’’ Glee served our truth is that we change the world one the company, and finally the vice Nation during World War II as a first person at a time. While our work in the chairman emeritus for life. He retired lieutenant in the Army Air Corps. Senate matters, much more is accom- in October of 2003. After the war, he returned to further plished by a person like Glee. I would General Tankersley’s dedication to his education at the University of Kan- ask my Senate colleagues to join me in principle and sense of civic duty to his sas, where he earned a bachelor’s de- extending our sympathies to Glee’s city, State, and country are well gree in journalism in 1943 and a juris wife; three children, Sid, Stephen, and known.

VerDate Sep 11 2014 03:05 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.031 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8881 Among his many distinctions are a true patriot and a man of great char- ception for meaningful use for the 2015 EHR Montgomery Citizen of the Year for acter. He will be greatly missed.∑ reporting period for 2017 payment adjust- ments, and for other purposes. 1992; two terms as chairman of the f Montgomery Chamber of Commerce; The message further announced that chairman of the Montgomery Area MESSAGES FROM THE PRESIDENT the House has passed the following bill, Committee of 100; chairman of Auburn Messages from the President of the in which it requests the concurrence of University College of Business Advi- United States were communicated to the Senate: sory Counsel; the distinguished alum- the Senate by Mr. Williams, one of his H.R. 2241. An act to direct the Adminis- nus from Auburn University College of secretaries. trator of the United States Agency for Inter- national Development to submit to Congress Business; and Marion Military Insti- f tute Alumnus of the Year. a report on the development and use of glob- General Tankersley also served on EXECUTIVE MESSAGES REFERRED al health innovations in the programs, projects, and activities of the Agency. the board of visitors of the Air Univer- As in executive session the Presiding sity at Maxwell Air Force Base; as The message also announced that the Officer laid before the Senate messages House has agreed to the following con- president of the Montgomery Rotary from the President of the United Club; a member of the board of direc- current resolution, in which it requests States submitting sundry nominations the concurrence of the Senate: tors for the Montgomery Academy; a and a withdrawal which were referred H. Con. Res. 104. Concurrent resolution member of the board of directors for to the appropriate committees. the Tukabatchee Area Counsel Boy providing for the sine die adjournment of the (The messages received today are first session of the One Hundred Fourteenth Scouts of America; senior warden of St. printed at the end of the Senate pro- Congress. John’s Episcopal Church—having ceedings.) ENROLLED BILL SIGNED served 5 years on its vestry; one of f At 2:10 p.m., a message from the eight directors of the Governor’s Man- House of Representatives, delivered by agement Improvement Program for MESSAGES FROM THE HOUSE Mrs. Cole, one of its reading clerks, an- Alabama; and chairman of the Edu- At 10:27 a.m., a message from the nounced that the Speaker has signed cation Committee on Community Gov- House of Representatives, delivered by the following enrolled bill: ernment. Mr. Novotny, one of its reading clerks, H.R. 2029. An act making appropriations After Active Duty, Will Hill re- announced that the House agrees to mained in the U.S. Army Reserve, for military construction, the Department of the amendment of the Senate to the Veterans Affairs, and related agencies for eventually rising to the rank of major bill (H.R. 2029) making appropriations the fiscal year ending September 30, 2016, and general. He served as the civilian aide for military construction, the Depart- for other purposes. to the Secretary of the Army for the ment of Veterans Affairs, and related The enrolled bill was subsequently State of Alabama; was nominated as agencies for the fiscal year ending Sep- signed by the President pro tempore the Assistant Secretary of Defense for tember 30, 2016, and for other purposes, (Mr. HATCH). Reserve Affairs by President Ford, with amendments, in which it requests f serving 3 years; was appointed during the concurrence of the Senate. the George H.W. Bush administration The message also announced that the MEASURES REFERRED as chairman of the Reserve Forces Pol- House agrees to the amendment of the The following bill was read the first icy Board, principal adviser to the Sec- Senate to the bill (H.R. 3594) to extend and the second times by unanimous retary of Defense on matters con- temporarily the Federal Perkins Loan consent, and referred as indicated: cerning the National Guard and Re- program, and for other purposes. H.R. 2241. An act to direct the Adminis- serves; and was appointed in 2001 by ENROLLED BILLS AND JOINT RESOLUTION trator of the United States Agency for Inter- George W. Bush as one of 11 commis- SIGNED national Development to submit to Congress sioners on the American Battle Monu- At 11:41 a.m., a message from the a report on the development and use of glob- ments Commission. al health innovations in the programs, House of Representatives, delivered by General Tankersley is survived by projects, and activities of the Agency; to the Mr. Novotny, one of its reading clerks, three children: his daughter, Theda, Committee on Foreign Relations. announced that the Speaker has signed and sons Will Hill, Jr., and David. f the following enrolled bills and joint I mentioned earlier the high value MEASURES READ THE FIRST TIME General Tankersely placed on the con- resolution: cept of duty and of meeting the re- H.R. 3594. An act to extend temporarily the The following bill was read the first quirements imposed upon those bound Federal Perkins Loan program, and for other time: purposes. S. 2434. A bill to provide that any executive to it. He not only lived a life bound by H.R. 4246. An act to exempt for an addi- this code but proselytized its virtues to action that infringes on the powers and du- tional 4-year period, from the application of ties of Congress under section 8 of article I of others. In 1995, when I was attorney the means-test presumption of abuse under the Constitution of the United States or on general of Alabama, he sent me a chapter 7, qualifying members of reserve the Second Amendment to the Constitution framed quotation of General Lee, still components of the Armed Forces and mem- of the United States has no force or effect, in my office today, which reads ‘‘Duty bers of the National Guard who, after Sep- and to prohibit the use of funds for certain is the sublimest word in the English tember 11, 2001, are called to active duty or purposes. Language.’’ Accompanying this gift to perform a homeland defense activity for not less than 90 days. f was an encouraging note serving as H.J. Res. 76. Joint resolution appointing ENROLLED JOINT RESOLUTIONS both a call to arms and an offer of his the day for the convening of the second ses- PRESENTED services reading in part: sion of the One Hundred Fourteenth Con- In the event you ever feel the urge to let gress. The Secretary of the Senate reported that on today, December 18, 2015, she bygones be bygones, to overlook the trans- The enrolled bills and joint resolu- had presented to the President of the gressions of those in public office who have tion were subsequently signed by the violated the law, abused the public trust, and United States the following joint reso- President pro tempore (Mr. HATCH). brought dishonor on Alabama and hurt its lutions: image or to believe these miscreants did not At 2:06 p.m., a message from the S.J. Res. 23. Joint resolution providing for know what they were doing and shouldn’t be congressional disapproval under chapter 8 of prosecuted—call me, night or day, and I’ll House of Representatives, delivered by Mr. Novotny, one of its reading clerks, title 5, United States Code, of a rule sub- come to where you are and remind you of mitted by the Environmental Protection General Lee’s words. announced that the House has passed Agency relating to ‘‘Standards of Perform- The Philistines are all around us and they the following bill, without amendment: ance for Greenhouse Gas Emissions from are many and we are few; we must keep the S. 2425. An act to amend the XVIII and XIX New, Modified, and Reconstructed Sta- faith and do our duty if government of, by of the Social Security Act to improve pay- tionary Sources: Electric Utility Generating and for the people is to exist in our state. ments for complex rehabilitation technology Units’’. General Tankersley represented the and certain radiation therapy services, to en- S.J. Res. 24. Joint resolution providing for best of Alabama and her values. He was sure flexibility in applying the hardship ex- congressional disapproval under chapter 8 of

VerDate Sep 11 2014 04:49 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.019 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8882 CONGRESSIONAL RECORD — SENATE December 18, 2015 title 5, United States Code, of a rule sub- Part 1026) received in the Office of the Presi- titled ‘‘Air Quality Implementation Plan Ap- mitted by the Environmental Protection dent of the Senate on December 15, 2015; to proval; Illinois; Illinois Power Holdings and Agency relating to ‘‘Carbon Pollution Emis- the Committee on Banking, Housing, and AmerenEnergy Medina Valley Cogen Vari- sion Guidelines for Existing Stationary Urban Affairs. ance’’ (FRL No. 9939–75–Region 5) received in Sources: Electric Utility Generating Units’’. EC–3936. A communication from the Asso- the Office of the President of the Senate on ciate General Counsel for Legislation and f December 16, 2015; to the Committee on En- Regulations, Office of the Secretary, Depart- vironment and Public Works. EXECUTIVE AND OTHER ment of Housing and Urban Development, EC–3945. A communication from the Direc- COMMUNICATIONS transmitting, pursuant to law, the report of tor of the Regulatory Management Division, a rule entitled ‘‘Uniform Administrative Re- Environmental Protection Agency, transmit- The following communications were quirements, Cost Principles, and Audit Re- ting, pursuant to law, the report of a rule en- laid before the Senate, together with quirements for Federal Awards: Conforming titled ‘‘Air Plan Approval; NH; Infrastruc- accompanying papers, reports, and doc- Amendments’’ (RIN2501–AD66) received in ture State Implementation Plan Require- uments, and were referred as indicated: the Office of the President of the Senate on ments for Ozone, Lead, and Nitrogen Diox- EC–3928. A communication from the Direc- December 16, 2015; to the Committee on ide.’’ (FRL No. 9940–15–Region 1) received in tor of the Regulatory Management Division, Banking, Housing, and Urban Affairs. the Office of the President of the Senate on Environmental Protection Agency, transmit- EC–3937. A communication from the Assist- December 16, 2015; to the Committee on En- ting, pursuant to law, the report of a rule en- ant Director for Legislative Affairs, Con- vironment and Public Works. titled ‘‘Pendimethalin; Pesticide Toler- sumer Financial Protection Bureau, trans- EC–3946. A communication from the Acting ances’’ (FRL No. 9937–18–OCSPP) received in mitting, pursuant to law, the Annual Report Director, Office of Sustainable Fisheries, De- the Office of the President of the Senate on of the Consumer Financial Protection Bu- partment of Commerce, transmitting, pursu- December 16, 2015; to the Committee on Agri- reau on College Credit Cards; to the Com- ant to law, the report of a rule entitled ‘‘Fra- culture, Nutrition, and Forestry. mittee on Banking, Housing, and Urban Af- ser River Sockeye and Pink Salmon Fish- EC–3929. A communication from the Direc- fairs. eries; Inseason Orders’’ (RIN0648–XE261) re- EC–3938. A communication from the Assist- tor of the Regulatory Management Division, ceived in the Office of the President of the ant Secretary, Legislative Affairs, Depart- Environmental Protection Agency, transmit- Senate on December 16, 2015; to the Com- ment of State, transmitting, pursuant to ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. law, a report relative to section 36(c) of the titled ‘‘Extension of Pesticide Tolerances for EC–3947. A communication from the Chief Arms Export Control Act (DDTC 15–024); to Emergency Exemptions (Multiple Chemi- of the Publications and Regulations Branch, the Committee on Foreign Relations. Internal Revenue Service, Department of the cals)’’ (FRL No. 9939–95–OCSPP) received in EC–3939. A communication from the Assist- the Office of the President of the Senate on Treasury, transmitting, pursuant to law, the ant Legal Adviser for Treaty Affairs, Depart- report of a rule entitled ‘‘Update of Weighted December 16, 2015; to the Committee on Agri- ment of State, transmitting, pursuant to the culture, Nutrition, and Forestry. Average Interest Rates, Yield Curves, and Case-Zablocki Act, 1 U.S.C. 112b, as amended, Segment Rates’’ (Notice 2015–85) received in EC–3930. A communication from the Asso- the report of the texts and background state- ciate Administrator of the Fruit and Vege- the Office of the President of the Senate on ments of international agreements, other December 15, 2015; to the Committee on Fi- table Programs, Agricultural Marketing than treaties (List 2015–0166 - 2015–0171); to Service, Department of Agriculture, trans- nance. the Committee on Foreign Relations. EC–3948. A communication from the Chief mitting, pursuant to law, the report of a rule EC–3940. A communication from the Direc- entitled ‘‘Onions Grown in Certain Des- of the Publications and Regulations Branch, tor of the Regulatory Management Division, Internal Revenue Service, Department of the ignated Counties in Idaho, and Malheur Environmental Protection Agency, transmit- County, Oregon; Decreased Assessment Treasury, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Tribal Economic Rate’’ (Docket No. AMS–FV–15–0027) received titled ‘‘Final Authorization of State-initi- in the Office of the President of the Senate Development Bonds: Use of Volume Cap for ated Changes and Incorporation by Reference Draw-Down Loans’’ (Notice 2015–83) received on December 16, 2015; to the Committee on of State Hazardous Waste Management Pro- Agriculture, Nutrition, and Forestry. in the Office of the President of the Senate gram’’ (FRL No. 9939–57–Region 6) received in on December 15, 2015; to the Committee on EC–3931. A communication from the Acting the Office of the President of the Senate on Under Secretary of Defense (Personnel and Finance. December 16, 2015; to the Committee on En- EC–3949. A communication from the Chief Readiness), transmitting the report of an of- vironment and Public Works. of the Publications and Regulations Branch, ficer authorized to wear the insignia of the EC–3941. A communication from the Direc- Internal Revenue Service, Department of the grade of rear admiral (lower half) in accord- tor of the Regulatory Management Division, Treasury, transmitting, pursuant to law, the ance with title 10, United States Code, sec- Environmental Protection Agency, transmit- report of a rule entitled ‘‘Borrower Defense tion 777; to the Committee on Armed Serv- ting, pursuant to law, the report of a rule en- Student Loan Discharges’’ (Rev. Proc. 2015– ices. titled ‘‘Approval and Promulgation of Imple- 57) received in the Office of the President of EC–3932. A communication from the Senior mentation Plans; Texas and Oklahoma; Re- the Senate on December 15, 2015; to the Com- Counsel, Legal Division, Bureau of Consumer gional Haze State Implementation Plans; mittee on Finance. Financial Protection, transmitting, pursu- Interstate Viability Transport State Imple- EC–3950. A communication from the Chief ant to law, the report of a rule entitled ‘‘Ap- mentation Plan to Address Pollution Affect- of the Publications and Regulations Branch, praisals for Higher-Priced Mortgage Loans ing Visibility and Regional Haze; Federal Internal Revenue Service, Department of the Exemption Threshold’’ (RIN3170–AA11) re- Implementation Plan for Regional Haze’’ Treasury, transmitting, pursuant to law, the ceived in the Office of the President of the (FRL No. 9940–21–Region 6) received in the report of a rule entitled ‘‘Revenue Ruling: Senate on December 15, 2015; to the Com- Office of the President of the Senate on De- 2015 Base Period T–Bill Rate’’ (Rev. Rul. mittee on Banking , Housing, and Urban Af- cember 16, 2015; to the Committee on Envi- 2015–26) received in the Office of the Presi- fairs. ronment and Public Works. dent of the Senate on December 15, 2015; to EC–3933. A communication from the Senior EC–3942. A communication from the Direc- the Committee on Finance. Counsel, Legal Division, Bureau of Consumer tor of the Regulatory Management Division, EC–3951. A communication from the Sec- Financial Protection, transmitting, pursu- Environmental Protection Agency, transmit- retary of Education, transmitting, pursuant ant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- to law, the Department’s Semiannual Report ‘‘Truth in Lending (Regulation Z) Annual titled ‘‘Approval and Promulgation of Imple- of the Office of the Inspector General for the Threshold Adjustments (CARD Act, HOEPA mentation Plans; Oregon; Interstate Trans- period from April 1, 2015 through September and ATR/QM)’’ (12 CFR Part 1026) received in port of Ozone’’ (FRL No. 9940–35–Region 10) 30, 2015; to the Committee on Homeland Se- the Office of the President of the Senate on received in the Office of the President of the curity and Governmental Affairs. December 15, 2015; to the Committee on Senate on December 16, 2015; to the Com- Banking, Housing, and Urban Affairs. mittee on Environment and Public Works. f EC–3934. A communication from the Senior EC–3943. A communication from the Direc- REPORTS OF COMMITTEES Counsel, Legal Division, Bureau of Consumer tor of the Regulatory Management Division, Financial Protection, transmitting, pursu- Environmental Protection Agency, transmit- The following reports of committees ant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- were submitted: ‘‘Consumer Leasing (Regulation M)’’ titled ‘‘Approval and Promulgation of Imple- By Mr. COCHRAN, from the Committee on (RIN3170–AA06) received in the Office of the mentation Plans; Idaho: Interstate Trans- Appropriations: President of the Senate on December 15, 2015; port of Ozone’’ (FRL No. 9940–32–Region 10) Special Report entitled ‘‘Further Revised to the Committee on Banking, Housing, and received in the Office of the President of the Allocation to Subcommittees of Budget To- Urban Affairs. Senate on December 16, 2015; to the Com- tals from the Concurrent Resolution for Fis- EC–3935. A communication from the Senior mittee on Environment and Public Works. cal Year 2016’’ (Rept. No. 114–197). Counsel, Legal Division, Bureau of Consumer EC–3944. A communication from the Direc- By Mr. THUNE, from the Committee on Financial Protection, transmitting, pursu- tor of the Regulatory Management Division, Commerce, Science, and Transportation: ant to law, the report of a rule entitled Environmental Protection Agency, transmit- Report to accompany S. 571, a bill to ‘‘Truth in Lending (Regulation Z)’’ (12 CFR ting, pursuant to law, the report of a rule en- amend the Pilot’s Bill of Rights to facilitate

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.035 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8883 appeals and to apply to other certificates By Mr. SCHUMER: By Mr. GRASSLEY (for himself and issued by the Federal Aviation Administra- S. 2427. A bill to prohibit discrimination Mrs. ERNST): tion, to require the revision of the third against individuals with disabilities who S. Res. 339. A resolution congratulating the class medical certification regulations issued need long-term services and supports, and for University of Iowa College of Law for 150 by the Federal Aviation Administration, and other purposes; to the Committee on Health, years of outstanding service to the State of for other purposes (Rept. No. 114–198). Education, Labor, and Pensions. Iowa, the United States, and the world; con- By Mr. BARRASSO, from the Committee By Mr. BENNET: sidered and agreed to. on Indian Affairs, without amendment: S. 2428. A bill to amend the National and By Mr. CASSIDY (for himself, Mr. S. 152. A bill to prohibit gaming activities Community Service Act of 1990 to establish a MANCHIN, Mr. RUBIO, Mr. KIRK, and on certain Indian land in Arizona until the National Service for Schools Program, and Mr. WICKER): expiration of certain gaming compacts for other purposes; to the Committee on S. Res. 340. A resolution expressing the (Rept. No. 114–199). Health, Education, Labor, and Pensions. sense of Congress that the so-called Islamic State in Iraq and al-Sham (ISIS or Da’esh) is f By Ms. AYOTTE (for herself, Mr. BURR, Mr. KIRK, Mr. GRAHAM, Mrs. ERNST, committing genocide, crimes against human- EXECUTIVE REPORTS OF Mr. WICKER, Mr. RUBIO, Mr. ROBERTS, ity, and war crimes, and calling upon the COMMITTEE Ms. MURKOWSKI, Mr. THUNE, and Mr. President to work with foreign governments INHOFE): and the United Nations to provide physical The following executive reports of S. 2429. A bill to require a report on the protection for ISIS’ targets, to support the nominations were submitted: military dimensions of Iran’s nuclear pro- creation of an international criminal tri- By Mr. MCCAIN for the Committee on gram and to prohibit the provision of sanc- bunal with jurisdiction to punish these Armed Services. tions relief to Iran until Iran has verifiably crimes, and to use every reasonable means, *Patrick Joseph Murphy, of Pennsylvania, ended all military dimensions of its nuclear including sanctions, to destroy ISIS and dis- to be Under Secretary of the Army. program, and for other purposes; to the Com- rupt its support networks; to the Committee *Janine Anne Davidson, of Virginia, to be mittee on Foreign Relations. on Foreign Relations. Under Secretary of the Navy. By Ms. CANTWELL (for herself and By Mr. SCHUMER (for himself and Ms. *Lisa S. Disbrow, of Virginia, to be Under Ms. COLLINS): KLOBUCHAR): Secretary of the Air Force. S. 2430. A bill to permit the recovery of S. Res. 341. A resolution designating Janu- *Nomination was reported with rec- costs incurred by U.S. Customs and Border ary 2016 as ‘‘National Carbon Monoxide Poi- soning Awareness Month’’; to the Committee ommendation that it be confirmed sub- Protection for preclearance operations ac- tivities, and for other purposes; to the Com- on the Judiciary. ject to the nominee’s commitment to mittee on Homeland Security and Govern- By Mrs. CAPITO (for herself and Mr. respond to requests to appear and tes- mental Affairs. MANCHIN): tify before any duly constituted com- By Ms. KLOBUCHAR (for herself, Mr. S. Res. 342. A resolution congratulating the mittee of the Senate. BOOZMAN, and Mr. FRANKEN): women’s volleyball team of Wheeling Jesuit University on winning the Division II Na- f S. 2431. A bill to improve the training of child protection professionals; to the Com- tional Championship; considered and agreed INTRODUCTION OF BILLS AND mittee on the Judiciary. to. JOINT RESOLUTIONS By Mr. SCOTT (for himself and Mr. f BARRASSO): The following bills and joint resolu- S. 2432. A bill to amend the Public Health ADDITIONAL COSPONSORS tions were introduced, read the first Service Act to require the disclosure of the S. 429 and second times by unanimous con- portion of health insurance premiums attrib- At the request of Ms. BALDWIN, the sent, and referred as indicated: utable to the health insurance tax; to the name of the Senator from Connecticut By Mrs. FEINSTEIN (for herself, Mrs. Committee on Health, Education, Labor, and (Mr. MURPHY) was added as a cosponsor BOXER, and Mr. CARDIN): Pensions. S. 2422. A bill to authorize the Secretary of By Mr. SCHUMER: of S. 429, a bill to amend title XIX of Veterans Affairs to carry out certain major S. 2433. A bill to provide Federal support to the Social Security Act to provide a medical facility projects for which appro- increase public transportation ridership by standard definition of therapeutic fos- priations are being made for fiscal year 2016; college students; to the Committee on Bank- ter care services in Medicaid. ing, Housing, and Urban Affairs. to the Committee on Veterans’ Affairs. S. 613 By Mrs. SHAHEEN: By Mr. PAUL: At the request of Mrs. GILLIBRAND, S. 2423. A bill making appropriations to ad- S. 2434. A bill to provide that any executive dress the heroin and opioid drug abuse epi- action that infringes on the powers and du- the name of the Senator from Florida demic for the fiscal year ending September ties of Congress under section 8 of article I of (Mr. NELSON) was added as a cosponsor 30, 2016, and for other purposes; to the Com- the Constitution of the United States or on of S. 613, a bill to amend the Richard B. mittee on Appropriations. the Second Amendment to the Constitution Russell National School Lunch Act to By Mr. PORTMAN (for himself and of the United States has no force or effect, improve the efficiency of summer Mrs. GILLIBRAND): and to prohibit the use of funds for certain meals. S. 2424. A bill to amend the Public Health purposes; read the first time. S. 627 Service Act to reauthorize a program for By Mr. KIRK (for himself, Mrs. CAPITO, early detection, diagnosis, and treatment re- Mr. ISAKSON, Mr. TILLIS, Mr. WICKER, At the request of Ms. AYOTTE, the garding deaf and hard-of-hearing newborns, and Mr. INHOFE): name of the Senator from Iowa (Mr. infants, and young children; to the Com- S. 2435. A bill to ensure that each covered GRASSLEY) was added as a cosponsor of mittee on Health, Education, Labor, and alien receives a thorough background inves- S. 627, a bill to require the Secretary of Pensions. tigation before such alien is admitted to the Veterans Affairs to revoke bonuses By Mr. PORTMAN (for himself, Mr. United States as a refugee, and for other pur- poses; to the Committee on the Judiciary. paid to employees involved in elec- CASEY, Mr. BURR, Mr. SCHUMER, Mr. tronic wait list manipulations, and for BLUNT, Mr. BENNET, Mr. WYDEN, Mrs. By Ms. WARREN (for herself, Mr. REID, other purposes. MURRAY, Mr. BLUMENTHAL, Ms. KLO- Mr. BLUMENTHAL, and Mr. SCHUMER): BUCHAR, and Ms. HIRONO): S. 2436. A bill to provide for certain assist- S. 697 S. 2425. A bill to amend titles XVIII and ance and reforms relating to the territories, At the request of Mr. UDALL, the XIX of the Social Security Act to improve and for other purposes; to the Committee on names of the Senator from Illinois (Mr. Energy and Natural Resources. payments for complex rehabilitation tech- DURBIN) and the Senator from Massa- nology and certain radiation therapy serv- f chusetts (Mr. MARKEY) were added as ices, to ensure flexibility in applying the cosponsors of S. 697, a bill to amend the hardship exception for meaningful use for SUBMISSION OF CONCURRENT AND the 2015 EHR reporting period for 2017 pay- SENATE RESOLUTIONS Toxic Substances Control Act to reau- thorize and modernize that Act, and for ment adjustments, and for other purposes; The following concurrent resolutions considered and passed. other purposes. and Senate resolutions were read, and By Mr. GARDNER (for himself and Mr. S. 1082 referred (or acted upon), as indicated: CARDIN): At the request of Mrs. ERNST, her S. 2426. A bill to direct the Secretary of By Mr. CARDIN (for himself and Ms. name was added as a cosponsor of S. State to develop a strategy to obtain ob- MIKULSKI): server status for Taiwan in the International S. Res. 338. A resolution congratulating 1082, a bill to amend title 38, United Criminal Police Organization, and for other Towson University on the 150th anniversary States Code, to provide for the removal purposes; to the Committee on Foreign Rela- of the founding of the university; considered or demotion of employees of the De- tions. and agreed to. partment of Veterans Affairs based on

VerDate Sep 11 2014 06:03 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.042 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8884 CONGRESSIONAL RECORD — SENATE December 18, 2015 performance or misconduct, and for fornia (Mrs. FEINSTEIN) was added as a ator from Texas (Mr. CORNYN), the Sen- other purposes. cosponsor of S. 1774, a bill to amend ator from Delaware (Mr. COONS), the S. 1121 title 11 of the United States Code to Senator from Wisconsin (Ms. BALDWIN), At the request of Ms. AYOTTE, the treat Puerto Rico as a State for pur- the Senator from Wyoming (Mr. ENZI), name of the Senator from Kansas (Mr. poses of chapter 9 of such title relating the Senator from Mississippi (Mr. MORAN) was added as a cosponsor of S. to the adjustment of debts of munici- WICKER), the Senator from Louisiana 1121, a bill to amend the Horse Protec- palities. (Mr. CASSIDY), the Senator from New tion Act to designate additional unlaw- S. 1890 Hampshire (Ms. AYOTTE), the Senator ful acts under the Act, strengthen pen- At the request of Mr. HATCH, the from West Virginia (Mrs. CAPITO), the alties for violations of the Act, im- names of the Senator from Nebraska Senator from Alabama (Mr. SESSIONS), prove Department of Agriculture en- (Mrs. FISCHER) and the Senator from the Senator from Alaska (Ms. MUR- forcement of the Act, and for other Nevada (Mr. HELLER) were added as co- KOWSKI), the Senator from Illinois (Mr. purposes. sponsors of S. 1890, a bill to amend KIRK), the Senator from South Caro- lina (Mr. GRAHAM), the Senator from S. 1169 chapter 90 of title 18, United States Pennsylvania (Mr. CASEY), the Senator At the request of Mr. WHITEHOUSE, Code, to provide Federal jurisdiction from Indiana (Mr. DONNELLY), the Sen- the name of the Senator from Min- for the theft of trade secrets, and for ator from Montana (Mr. DAINES), the nesota (Mr. FRANKEN) was added as a other purposes. Senator from Florida (Mr. NELSON), the cosponsor of S. 1169, a bill to reauthor- S. 1893 Senator from Alaska (Mr. SULLIVAN), ize and improve the Juvenile Justice At the request of Mrs. MURRAY, the the Senator from New Mexico (Mr. and Delinquency Prevention Act of name of the Senator from New York UDALL), the Senator from Maryland 1974, and for other purposes. (Mr. SCHUMER) was added as a cospon- (Mr. CARDIN), the Senator from Con- S. 1455 sor of S. 1893, a bill to reauthorize and necticut (Mr. MURPHY), the Senator At the request of Mr. MARKEY, the improve programs related to mental from Connecticut (Mr. BLUMENTHAL), name of the Senator from Oregon (Mr. health and substance use disorders. the Senator from Delaware (Mr. CAR- MERKLEY) was added as a cosponsor of S. 1911 PER), the Senator from South Dakota S. 1455, a bill to provide access to medi- At the request of Ms. MURKOWSKI, her (Mr. THUNE), the Senator from North cation-assisted therapy, and for other name was added as a cosponsor of S. Dakota (Ms. HEITKAMP), the Senator purposes. 1911, a bill to implement policies to end from Hawaii (Mr. SCHATZ), the Senator S. 1559 preventable maternal, newborn, and from Rhode Island (Mr. WHITEHOUSE), At the request of Ms. AYOTTE, the child deaths globally. the Senator from Georgia (Mr. name of the Senator from New Mexico At the request of Ms. COLLINS, the PERDUE), the Senator from Pennsyl- (Mr. HEINRICH) was added as a cospon- name of the Senator from New York vania (Mr. TOOMEY), the Senator from sor of S. 1559, a bill to protect victims (Mrs. GILLIBRAND) was added as a co- North Carolina (Mr. TILLIS), the Sen- of domestic violence, sexual assault, sponsor of S. 1911, supra. ator from Arkansas (Mr. BOOZMAN), the stalking, and dating violence from S. 1915 Senator from Michigan (Ms. STABE- emotional and psychological trauma At the request of Ms. AYOTTE, the NOW), the Senator from Michigan (Mr. caused by acts of violence or threats of name of the Senator from Wyoming PETERS), the Senator from New York violence against their pets. (Mr. BARRASSO) was added as a cospon- (Mrs. GILLIBRAND), the Senator from S. 1607 sor of S. 1915, a bill to direct the Sec- New Jersey (Mr. MENENDEZ), the Sen- At the request of Mr. PORTMAN, the retary of Homeland Security to make ator from Ohio (Mr. BROWN), the Sen- names of the Senator from Oklahoma anthrax vaccines and antimicrobials ator from Alabama (Mr. SHELBY), the (Mr. LANKFORD) and the Senator from available to emergency response pro- Senator from Virginia (Mr. KAINE), the Iowa (Mrs. ERNST) were added as co- viders, and for other purposes. Senator from Illinois (Mr. DURBIN), the Senator from Wisconsin (Mr. JOHNSON), sponsors of S. 1607, a bill to affirm the S. 2196 the Senator from South Carolina (Mr. authority of the President to require At the request of Mr. CASEY, the SCOTT), the Senator from Tennessee independent regulatory agencies to name of the Senator from Vermont comply with regulatory analysis re- (Mr. ALEXANDER), the Senator from (Mr. LEAHY) was added as a cosponsor Iowa (Mrs. ERNST), the Senator from quirements applicable to executive of S. 2196, a bill to amend title XVIII of agencies, and for other purposes. Kansas (Mr. ROBERTS), the Senator the Social Security Act to provide for from Idaho (Mr. CRAPO), the Senator S. 1648 the non-application of Medicare com- from Iowa (Mr. GRASSLEY), the Senator At the request of Mr. GRASSLEY, the petitive acquisition rates to complex from Oklahoma (Mr. INHOFE) and the name of the Senator from Oklahoma rehabilitative wheelchairs and acces- Senator from North Dakota (Mr. (Mr. LANKFORD) was added as a cospon- sories. HOEVEN) were added as cosponsors of S. sor of S. 1648, a bill to amend title S. 2222 2234, a bill to award the Congressional XVIII of the Social Security Act to cre- At the request of Mr. FRANKEN, the Gold Medal, collectively, to the mem- ate a sustainable future for rural name of the Senator from Delaware bers of the Office of Strategic Services healthcare. (Mr. COONS) was added as a cosponsor (OSS) in recognition of their superior S. 1656 of S. 2222, a bill to amend the Work- service and major contributions during At the request of Mr. HEINRICH, his force Innovation and Opportunity Act World War II. name was added as a cosponsor of S. to support community college and in- S. 2251 1656, a bill to amend the Internal Rev- dustry partnerships, and for other pur- At the request of Ms. WARREN, the enue Code of 1986 to extend the publicly poses. name of the Senator from Michigan traded partnership ownership structure S. 2234 (Mr. PETERS) was added as a cosponsor to energy power generation projects At the request of Mr. BLUNT, the of S. 2251, a bill to provide for a supple- and transportation fuels, and for other names of the Senator from Minnesota mentary payment to Social Security purposes. (Ms. KLOBUCHAR), the Senator from beneficiaries, supplemental security in- S. 1688 Wyoming (Mr. BARRASSO), the Senator come beneficiaries, and recipients of At the request of Mr. CARPER, the from South Dakota (Mr. ROUNDS), the veterans benefits, and for other pur- name of the Senator from Virginia (Mr. Senator from Nebraska (Mr. SASSE), poses. KAINE) was added as a cosponsor of S. the Senator from Nebraska (Mrs. S. 2268 1688, a bill to provide for the admission FISCHER), the Senator from Colorado At the request of Mr. CORNYN, the of the State of New Columbia into the (Mr. GARDNER), the Senator from Ne- names of the Senator from Kansas (Mr. Union. vada (Mr. HELLER), the Senator from MORAN) and the Senator from Pennsyl- S. 1774 Utah (Mr. HATCH), the Senator from vania (Mr. TOOMEY) were added as co- At the request of Mr. BLUMENTHAL, Tennessee (Mr. CORKER), the Senator sponsors of S. 2268, a bill to award a the name of the Senator from Cali- from Georgia (Mr. ISAKSON), the Sen- Congressional Gold Medal to the

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.045 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8885 United States Army Dust Off crews of Veterans Affairs, and Related Agencies In 2015, Congress did not authorize the Vietnam War, collectively, in rec- Appropriations Act, which provided the Department’s major construction ognition of their extraordinary her- $822,800,000 for major construction projects until this past September; 10 oism and life-saving actions in Viet- projects at these Veterans Affairs Med- months after funds were appropriated nam. ical Centers. This bill passed without a by Congress in the fiscal year 2015 Om- S. 2356 single vote cast against it. nibus. I believe it would be a huge dis- At the request of Mr. KING, the name However, the Department of Vet- serve to our veterans to allow such a of the Senator from Florida (Mr. NEL- erans Affairs cannot spend the money lengthy delay to occur again. More hearings and delays are unnec- SON) was added as a cosponsor of S. appropriated for fiscal year 2016 and essary to determine whether the Sen- 2356, a bill to amend the Foreign Intel- begin construction on these projects ate should pass this legislation. The ligence Surveillance Act of 1978 to re- because it lacks a separate authoriza- Senate Appropriations Committee held quire an electronic communication tion, which is required by law. hearings with the Department on these service provider that generates call de- The legislation I am introducing projects as it reviewed the President’s tail records pursuant to an order under today simply provides the authoriza- tion, as required by law, to allow the fiscal year 2016 budget request. The that Act to notify the Attorney Gen- Senate Committee marked up and re- eral if the provider intends to retain Department to move forward its fiscal year 2016 projects. ported the Military Construction, Vet- such records for a period less than 18 erans Affairs, and Related Agencies ap- months. The fiscal year 2016 projects include critical, time-sensitive seismic safety propriations bill in a bipartisan fash- S. 2362 corrections to structures in San Fran- ion. The Senate voted in a unanimous At the request of Mr. JOHNSON, the cisco, West Los Angeles, Long Beach, fashion to pass this bill just last name of the Senator from Oklahoma and American Lake. These buildings, month. (Mr. INHOFE) was added as a cosponsor I also understand there are concerns which include health care facilities, of S. 2362, a bill to amend the Immigra- about the effectiveness of the Depart- veteran housing, and a community liv- tion and Nationality Act to provide en- ment’s construction process, but the ing center, are at an exceptionally high hanced security measures for the Visa Senate’s appropriations bill also in- risk of collapse or suffering severe Waiver Program, and for other pur- cluded important provisions requiring damage during an earthquake. the Department to work closely with poses. If a major earthquake struck in prox- the U.S. Army Corps of Engineers on S. 2372 imity to one of these medical centers improving the management controls At the request of Mrs. FEINSTEIN, the while it was in use by veterans and the name of the Senator from Florida (Mr. for its next major construction department’s employees, there could be projects. NELSON) was added as a cosponsor of S. numerous injuries and deaths. 2372, a bill to require reporting of ter- I want to reiterate that without a The U.S. Geological Survey esti- separate authorization, the Depart- rorist activities and the unlawful dis- mates there is a greater than 99 per- ment cannot start this vital work to tribution of information relating to ex- cent chance that a magnitude 6.7 or protect our veterans and federal em- plosives, and for other purposes. greater earthquake will strike Cali- ployees. S. RES. 290 fornia in the next 30 years. This is exactly why Americans be- At the request of Mr. PAUL, the name It is important to note that even less lieve that the Federal Government of the Senator from Utah (Mr. LEE) was severe earthquakes can cause damage does not work. How does Congress ex- added as a cosponsor of S. Res. 290, a to seismically unsafe buildings that re- plain this unnecessary delay to vet- resolution expressing the sense of the sult in injuries and deaths. The Cali- erans who go to medical appointments Senate that any protocol to, or other fornia Governor’s Office of Emergency in the buildings at risk of collapse or agreement regarding, the United Na- Services believes that the damage to major damage? There is no reason to tions Framework Convention on Cli- seismically unfit buildings caused by delay authorizing these projects when mate Change of 1992, negotiated at the the magnitude 6.0 earthquake that hit the money has already been appro- 2015 United Nations Climate Change Napa, California on August 24, 2014, at priated. Conference in Paris will be considered 3:20 a.m., would likely have resulted in I urge my colleagues to join me in a treaty requiring the advice and con- many more deaths and injuries if it had quickly approving this legislation so sent of the Senate. struck during business hours when that the fiscal year 2016 construction f these structures were in use. As it was, projects can move forward. Congress the earthquake caused over 200 injuries must act before the next earthquake STATEMENTS ON INTRODUCED and one fatality. strikes. BILLS AND JOINT RESOLUTIONS In fact, the U.S. Geological Survey f By Mrs. FEINSTEIN (for herself, estimates that a 6.0 magnitude earth- SUBMITTED RESOLUTIONS Mrs. BOXER, and Mr. CARDIN): quake hits California every 1.2 years on S. 2422. A bill to authorize the Sec- average. This is a terrifying figure, and retary of Veterans Affairs to carry out it is why I strongly believe that Con- SENATE RESOLUTION 338—CON- certain major medical facility projects gress must enact this legislation with- GRATULATING TOWSON UNIVER- for which appropriations are being out delay. SITY ON THE 150TH ANNIVER- made for fiscal year 2016; to the Com- This is not a hypothetical situation. SARY OF THE FOUNDING OF THE mittee on Veterans’ Affairs. In 1971, the devastating San Fernando UNIVERSITY Mrs. FEINSTEIN. Mr. President, I 6.6 magnitude earthquake struck and Mr. CARDIN (for himself and Ms. MI- speak today regarding the introduction caused a total of 58 deaths. The older, KULSKI) submitted the following resolu- of a bill, cosponsored by Senators deficient buildings at the San Fer- tion; which was considered and agreed BOXER and CARDIN, to provide the De- nando VA medical center were demol- to: partment of Veterans Affairs with the ished, killing 30 patients and 10 staff. S. RES. 338 The destruction on the Federal Govern- authority to obligate and expend ap- Whereas, on January 15, 2016, Towson Uni- propriated funds in order to begin con- ment’s VA campus was responsible for versity, located in Towson, Maryland, cele- struction on critical projects in Cali- the majority of all deaths reported in brates the founding of the university on Jan- fornia, Kentucky, Maryland, and Wash- this earthquake. Had the Federal build- uary 15, 1866; ington. This is time-sensitive legisla- ings been structurally sound, there is a Whereas Article VIII, section 1 of the Con- tion, and I am working with my col- likelihood that many of these deaths stitution of Maryland, adopted in convention league and friend Chairman ISAKSON to could have been prevented. If there are in 1864, called for a uniform system of free move the bill by unanimous consent as any Senators in this body who might public schools for the State of Maryland; Whereas, in 1865, the General Assembly of soon as a final fiscal year 2016 funding want to delay moving the fiscal year Maryland (referred to in this preamble as the measure is enacted. 2016 construction authorizations, I urge ‘‘General Assembly’’) created the State Nor- Last month, the Senate passed the them to think long and hard about this mal School, which would become Towson fiscal year 2016 Military Construction, tragic event. University;

VerDate Sep 11 2014 04:49 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.046 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8886 CONGRESSIONAL RECORD — SENATE December 18, 2015 Whereas, on January 15, 1866, the State Whereas, in 1996, U.S. News & World Report SENATE RESOLUTION 339—CON- Normal School opened in the Red Men’s Hall, ranked Towson State University in cat- GRATULATING THE UNIVERSITY located at 24 North Paca Street, in Balti- egories for institutions in the North— OF IOWA COLLEGE OF LAW FOR more, Maryland; (1) second in the ‘‘Most Efficient Schools’’ 150 YEARS OF OUTSTANDING Whereas, in 1875, a law was enacted to au- category; and thorize construction of a new building for SERVICE TO THE STATE OF the State Normal School, known as the (2) fourth in the ‘‘Best Sticker Price’’ cat- IOWA, THE UNITED STATES, AND Carrollton Building; egory; THE WORLD Whereas, in 1997, after years of discussion Whereas the Carrollton Building was erect- Mr. GRASSLEY (for himself and Mrs. ed in West Baltimore at the corner of Lafay- and debate, the name of Towson State Uni- ERNST) submitted the following resolu- ette Avenue and Carrollton Avenue; versity changed to Towson University, which Whereas the State Normal School re- was considered a step that would— tion; which was considered and agreed mained in the Carrollton Building for almost (1) elevate Towson University in the minds to: 40 years; of individuals; and S. RES. 339 Whereas, on June 10, 1910, the General As- (2) allow Towson University to develop an Whereas the University of Iowa College of sembly enacted a law to create the Maryland identity while remaining in the University Law was founded in 1865, embodies the motto State Normal School Building Commission, System of Maryland; of Iowa, ‘‘our liberties we prize and our which was responsible for— Whereas, in 1998, U.S. News & World Report rights we will maintain’’, and has shaped (1) selecting a new site for the State Nor- ranked Towson University among the top 10 generations of lawyers who exemplify that mal School; and public institutions in the North; motto; (2) preparing plans and estimates for the Whereas, between January 1, 2000, and the Whereas the University of Iowa College of construction of new buildings; date of adoption of this resolution, 14 new Law is the oldest law school in continuous Whereas, in April of 1912, the General As- structures were constructed on the campus operation west of the Mississippi River; sembly enacted a law to authorize a $600,000 of Towson University; Whereas, in 1873, the University of Iowa bond for the purchase of a new site for the Whereas, in 2001, Towson University joined College of Law graduated what is believed to State Normal School; the Colonial Athletic Association, which is a be the first female law student in the United Whereas, in August of 1912, the Maryland collegiate conference affiliated with the Na- States, Mary Beth Hickey; State Normal School Building Commission tional Collegiate Athletic Association (com- Whereas the second female to graduate selected the new site for the State Normal monly known as the ‘‘NCAA’’); from the University of Iowa College of Law, School in Towson, Maryland, where Towson Whereas Towson University has 19 Division Mary Humphrey Haddock, became the first University is located as of the date of adop- I athletic teams; woman admitted to practice before the Dis- tion of this resolution; Whereas, in 2003, the name of Minnegan trict and Circuit Courts of the United States; Whereas the new campus of the State Nor- Stadium at Towson University was changed Whereas the University of Iowa College of mal School was constructed on 88 acres of to Johnny Unitas Stadium in honor of Law was one of the first law schools to grant farmland and included 3 buildings, which former Baltimore Colts quarterback, Johnny a degree to an African-American student were known as— Unitas; when Alexander Clark, Jr., who graduated in (1) the Administration Building (known on Whereas, in 2013, Towson University in 1879 and is believed to be the second African- the date of adoption of this resolution as Northeastern Maryland opened, which allows American to graduate from a public law ‘‘Stephens Hall’’); school in the United States, graduated from (2) Newell Hall; and a student of Harford Community College or (3) the Power Plant; Cecil College to complete a 4-year degree in the University of Iowa College of Law; Whereas, on September 15, 1915, the doors any of 6 programs; Whereas the University of Iowa College of of the State Normal School were opened for Whereas the National Security Agency and Law graduated the first United States Attor- more than 300 students at its new location in the Department of Homeland Security des- ney of American Indian ancestry; Towson, Maryland; ignated Towson University as a National Whereas the University of Iowa College of Whereas, in June of 1935, the name of the Center of Academic Excellence in Informa- Law has been ranked consistently among the State Normal School was changed to the tion Assurance and Cyber Defense; top law schools in the United States since State Teachers College at Towson (referred Whereas the College of Education at Tow- the founding of the College of Law 150 years to in this preamble as the ‘‘State Teachers son University is the oldest, largest, and pre- ago and is currently ranked the 22nd best law College’’); eminent producer of teachers in the State of school in the United States according to U.S. Whereas the name of the State Normal Maryland; News and World Report; School was changed to the State Teachers Whereas an economic impact study enti- Whereas the law journal of the University College because, in 1935, the General Assem- tled ‘‘Towson University’s Economic Im- of Iowa College of Law, the Iowa Law Re- bly enacted a law to require teachers to earn pact’’, published in 2015, found that Towson view, ranks among the high impact legal a 4-year baccalaureate degree, rather than University had a $139,400,000,000 total eco- periodicals in the United States; requiring teachers to earn a 2-year certifi- nomic impact on the economy of the State of Whereas the University of Iowa College of cate; Maryland between 1866 and 2014; Law is home to a law library that houses the Whereas, in 1936, the State Teachers Col- Whereas Towson University evolved from second largest collection of volumes and vol- lege met standards of accreditation set forth the State Normal School with 11 students to ume equivalents among all law school librar- by— 1 of the largest universities in Maryland, ies, containing over 1,000,000 volumes and (1) the American Association of Teachers comprised of 6 distinct colleges with a total volume equivalents, making it one of the Colleges; and enrollment of more than 22,000 students; and most comprehensive collections of print, (2) the American Council on Education; Whereas the sustained commitment of microgram, and electronic legal materials in Whereas the Governor of Maryland, Theo- Towson University to teacher education and the United States; dore McKeldin, submitted a capital improve- workforce development has made Towson Whereas the Law Library at the University ment budget of $1,172,500 for the State University— of Iowa College of Law is open to the public Teachers College— (1) a driving force for the economy of and provides valuable legal resources for all (1) to construct buildings; and Maryland; and Iowans; (2) to acquire 40 acres; Whereas the University of Iowa College of Whereas, in 1963, the State of Maryland— (2) a positive influence on the lives of grad- Law serves as the only public law school in (1) made the State Teachers College a lib- uates of Towson University and students of Iowa and pursues a mission of providing a eral arts college; and graduates of Towson University: Now, there- legal education that is accessible, affordable, (2) changed the name of the State Teachers fore, be it and inclusive; College to Towson State College; Resolved, That the Senate— Whereas the University of Iowa College of Whereas, from 1960 through 1970, Towson (1) congratulates Towson University on the Law provides clinics that offer real-world ex- State College carried out a construction pro- 150th anniversary of the founding of the uni- perience in a wide range of legal fields and gram funded by more than $35,000,000 in Fed- versity; pro bono counsel to members of the commu- eral and State funds, which necessitated the (2) recognizes the achievements of the ad- nity; purchase of land and construction of new ministrators, professors, students, and staff Whereas the University of Iowa College of buildings; of Towson University, who have contributed Law strives to produce students that are Whereas, on July 1, 1976, the name of Tow- to the success of Towson University; and well-suited for the legal profession, resulting son State College was changed to Towson (3) respectfully requests that the Secretary in 99 percent of students of the College of State University; of the Senate transmit an enrolled copy of Law completing degrees and 92 percent of Whereas, in 1988, higher education in Mary- this resolution to— students of the College of Law passing the land was restructured to consolidate the (A) the president of Towson University; bar exam on the first attempt; State College and University System, of and Whereas the University of Iowa College of which Towson State University was a part, (B) the interim provost and vice president Law ranks in the top 15 law schools in the within the University System of Maryland; for academic affairs of Towson University. United States for graduates in full-time,

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.048 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8887 long-term jobs that require passage of the when any person ‘‘whether in time of peace date or coerce, or the locale in which their bar exam; and or in time of war and with the specific intent perpetrators operate or seek asylum’’; Whereas the University of Iowa College of to destroy, in whole or in substantial part, a Whereas section 2332b of title 18, United Law has produced hundreds of notable alum- national, ethnic, racial, or religious group as States Code, defines ‘‘terrorism transcending ni that have contributed to the legal commu- such (1) kills members of that group; (2) national boundaries’’ to include ‘‘(A) nity in the State of Iowa and the United causes serious bodily injury to members of kill[ings], kidnap[ing]s, maim[ing]s, States: Now, therefore, be it that group; (3) causes the permanent impair- commit[ing] an assault resulting in serious Resolved, That the Senate— ment of the mental faculties of members of bodily injury, or assaults with a dangerous (1) congratulates the University of Iowa the group through drugs, torture, or similar weapon [of or on] any person within the College of Law for 150 years of outstanding techniques; (4) subjects the group to condi- United States; or (B) creat[ing] a substantial service to the State of Iowa, the United tions of life that are intended to cause the risk of serious bodily injury to any other States, and the world; and physical destruction of the group in whole or person by destroying or damaging any struc- (2) requests that the Secretary of the Sen- in part; (5) imposes measures intended to ture, conveyance, or other real or personal ate transmit a copy of this resolution to the prevent births within the group; or (6) trans- property within the United States or by at- Dean of the College of Law and the President fers by force children of the group to another tempting or conspiring to destroy or damage of the University of Iowa. group’’; any structure, conveyance, or other real or f Whereas subsection (c) of section 2441 of personal property within the United States; title 18, United States Code, defines a ‘‘war in violation of the laws of any State, or the SENATE RESOLUTION 340—EX- United States,’’; crime’’ as conduct ‘‘(1) defined as a grave PRESSING THE SENSE OF CON- Whereas the President, with the assistance breach in any of the international conven- of the Secretary of State and the Ambas- GRESS THAT THE SO-CALLED IS- tions signed at Geneva 12 August 1949, or any sador at Large for War Crimes Issues, is obli- LAMIC STATE IN IRAQ AND AL- protocol to such convention to which the gated under section 2113(b) of the ADVANCE SHAM (ISIS OR DA’ESH) IS COM- United States is a party; (2) prohibited by Democracy Act of 2007 (22 U.S.C. 8213(b)) to MITTING GENOCIDE, CRIMES Article 23 , 25, 27, or 28 of the Annex to the ‘‘collect information regarding incidents Hague Convention IV, Respecting the Laws AGAINST HUMANITY, AND WAR that may constitute crimes against human- CRIMES, AND CALLING UPON and Customs of War on Land, signed 18 Octo- ity, genocide, slavery, or other violations of THE PRESIDENT TO WORK WITH ber 1907; (3) which constitutes a grave breach international humanitarian law’’ and ‘‘shall FOREIGN GOVERNMENTS AND of common Article 3 [defined in subsection consider what actions can be taken to ensure (d) of such section as torture, cruel or inhu- THE UNITED NATIONS TO PRO- that any government of a country or the man treatment, performing biological ex- leaders or senior officials of such govern- VIDE PHYSICAL PROTECTION periments, murder, mutilation or maiming, FOR ISIS’ TARGETS, TO SUP- ment who are responsible for crimes against intentionally causing serious bodily injury, humanity, genocide, slavery, or other viola- PORT THE CREATION OF AN rape, sexual assault or abuse, or taking hos- tions of international humanitarian law INTERNATIONAL CRIMINAL TRI- tages] when committed in the context of and identified [pursuant to such collection of in- BUNAL WITH JURISDICTION TO in association with an armed conflict not of formation] are brought to account for such PUNISH THESE CRIMES, AND TO an international character; or (4) of a person crimes in an appropriately constituted tri- USE EVERY REASONABLE who, in relation to an armed conflict and bunal’’; contrary to the provisions of the Protocol on Whereas Article I of the Convention and MEANS, INCLUDING SANCTIONS, Prohibitions or Restrictions on the Use of TO DESTROY ISIS AND DISRUPT the law of nations confirm that government Mines, Booby-Traps and Other Devices as authorities are obligated to prevent and pun- ITS SUPPORT NETWORKS amended at Geneva on 3 May 1996 (Protocol ish acts constituting genocide, crimes Mr. CASSIDY (for himself, Mr. II as amended on 3 May 1996), when the against humanity, and war crimes; MANCHIN, Mr. RUBIO, Mr. KIRK, and Mr. United States is a party to such Protocol, Whereas, on July 10, 2015, Pope Francis, WICKER) submitted the following reso- willfully kills or causes serious injury to ci- Supreme Pontiff of the Catholic Church, de- lution; which was referred to the Com- vilians’’; clared that the pattern of crimes committed Whereas the United States has ratified the mittee on Foreign Relations: by ISIS and its affiliates against Christians United Nations Convention Against are part of a ‘‘third world war, waged piece- S. RES. 340 Transnational Organized Crime of 2000, and meal, which we are now experiencing,’’ and Whereas communities of Assyrian its Protocol to Prevent, Suppress and Punish that ‘‘a form of genocide is taking place, and Chaldean Syriac, Armenian, Evangelical, Trafficking in Persons, Especially Women it must end’’; and Melkite Christians; Kurds; Yezidis; Shia and Children, supplementing the United Na- Whereas the 2011 Presidential Study Direc- and Sunni Muslims; Turkmen; Sabea- tions Convention against Transnational Or- tive on Mass Atrocities declares, ‘‘Pre- Mandeans; Kaka‘e; and Shabaks have been ganized Crime, which defines ‘‘trafficking in venting mass atrocities and genocide is a an integral part of the cultural fabric of the persons’’ to mean ‘‘the recruitment, trans- core national security interest and a core Middle East for millennia; portation, transfer, harbouring or receipt of moral responsibility of the United States. . . Whereas Article I of the United Nations persons, by means of the threat or use of [and that] our options are never limited to Convention on the Prevention and Punish- force or other forms of coercion, of abduc- either sending in the military or standing by ment of the Crime of Genocide, signed at tion, of fraud, of deception, of the abuse of and doing nothing. . . The actions that can Paris December 9, 1948 (in this resolution re- power or of a position of vulnerability or of be taken are many—they range from eco- ferred to as the ‘‘Convention’’) states that the giving or receiving of payments or bene- nomic to diplomatic interventions, and from ‘‘the contracting parties confirm that geno- fits to achieve the consent of a person having non-combat military actions to outright cide, whether committed in time of peace or control over another person, for the purpose intervention.’’; in time of war, is a crime under inter- of exploitation’’ and defines exploitation as Whereas, on August 7, 2014, President national law which they undertake to pre- including, ‘‘at a minimum, the exploitation Barak Obama authorized military action to vent and punish’’; of the prostitution of others or other forms stop ISIS’ advance in northern Iraq, and ‘‘to Whereas Article II of the Convention de- of sexual exploitation, forced labour or serv- prevent a potential act of genocide’’ against clares, ‘‘In the present Convention, genocide ices, slavery or practices similar to slavery, Yazidis stranded on Mount Sinjar; means any of the following acts committed servitude or the removal of organs’’; Whereas, on August 7, 2014, Secretary of with the intent to destroy, in whole or in Whereas section 2331 of title 18, United State John Kerry, stated that ISIS’ ‘‘cam- part, a national, ethnical, racial or religious States Code, defines ‘‘international ter- paign of terror against the innocent, includ- group, as such: (a) Killing members of the rorism activities’’ as ‘‘activities that (A) in- ing Yezedi and Christian minorities, and its group; (b) Causing serious bodily or mental volve violent acts or acts dangerous to grotesque and targeted acts of violence bear harm to members of the group; (c) Delib- human life that are a violation of the crimi- all the warning signs and hallmarks of geno- erately inflicting on the group conditions of nal laws of the United States or of any cide’’; life calculated to bring about its physical de- State, or that would be a criminal violation Whereas, on March 27, 2015, the Office of struction in whole or in part; (d) Imposing if committed within the jurisdiction of the the United Nations High Commissioner for measures intended to prevent births within United States or of any State; (B) appear to Human Rights reported that its mission to the group; (e) Forcibly transferring children be intended (i) to intimidate or coerce a ci- Iraq had ‘‘gathered reliable information of the group to another group.’’; vilian population; (ii) to influence the policy about acts of violence perpetrated against ci- Whereas Article III of the Convention af- of a government by intimidation or coercion; vilians because of their affiliation or per- firms, ‘‘The following acts shall be punish- or (iii) to affect the conduct of a government ceived affiliation to an ethnic or religious able: (a) Genocide; (b) Conspiracy to commit by mass destruction, assassination, or kid- group,’’ that the ‘‘[e]thnic and religious genocide; (c) Direct and public incitement to napping; and (C) occur primarily outside the groups targeted by ISIL include Yezidis, commit genocide; (d) Attempt to commit territorial jurisdiction of the United States, Christians, Turkmen, Sabea-Mandeans, genocide; (e) Complicity in genocide.’’; or transcend national boundaries in terms of Kaka’e, Kurds and Shia,’’ and stated, ‘‘It is Whereas section 1091 of title 18, United the means by which they are accomplished, reasonable to conclude, in the light of the in- States Code, declares that ‘‘genocide’’ occurs the persons they appear intended to intimi- formation gathered overall, that some of

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.055 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8888 CONGRESSIONAL RECORD — SENATE December 18, 2015 those incidents may constitute genocide. fort to investigate, arrest, and prosecute in- Whereas on January 5, 1996, the Burt fam- Other incidents may amount to crimes dividual and organizational perpetrators re- ily of Kimball, Minnesota, was poisoned by against humanity or war crimes.’’; sponsible for these crimes; carbon monoxide from a malfunctioning fur- Whereas the United States Commission on (9) calls upon the United Nations Sec- nace in the home of the Burt family, result- International Religious Freedom (USCIRF) retary-General to urge all United Nations ing in— has ‘‘called on the U.S. government to des- member states to cooperate in an inter- ignate the Christian, Yazidi, Shi’a, national effort to investigate, try, and pros- (1) the deaths of 15-month-old Zachary Turkmen, and Shabak communities of Iraq ecute all cases in which prosecutors can Todd Burt and 4-year-old Nicholas Todd and Syria as victims of genocide by ISIL’’ prove that the accused have committed Burt; and and USCIRF Chairman Robert P. George has crimes against humanity, war crimes, and (2) the hospitalization of Ryan Todd Burt; observed that ‘‘ISIL’s intent to destroy reli- genocide; Whereas Cheryl Burt, the mother of gious groups that do not subscribe to its ex- (10) makes an urgent appeal to the Co- Zachary, Nicholas, and Ryan Burt, has tremist ideology in the areas of Iraq and operation Council for the Arab States of the worked to educate the public about the dan- Syria that it controls, or seeks to control, is Gulf to collaborate on the establishment and gers of carbon monoxide poisoning, including evident in, not only its barbarous acts, but operation of domestic, regional, and hybrid by testifying in December 2009 before the also its own propaganda’’; and international tribunals with jurisdiction to Committee on Commerce, Science, and Whereas members of the International As- punish the individuals and organizations re- Transportation of the Senate; sociation of Genocide Scholars, in their Ap- sponsible for or complicit in actions that peal to Congress of September 9, 2015, stated, constitute war crimes, crimes against hu- Whereas Cheryl Burt has advocated for the ‘‘ISIS’s mass murders of Chaldean, Assyrian, manity, and genocide; and Nicholas and Zachary Burt Memorial Carbon Melkite Greek, and Coptic Christians, (11) commends the Governments of the Monoxide Poisoning Prevention Act, which Yazidis, Shi’a Muslims, Sunni Kurds and Kurdistan Region of Iraq, Jordan, Lebanon, would establish a Federal grant program for other religious groups meet even the strict- Turkey, and every other country sheltering State and tribal carbon monoxide poisoning est definition of genocide.’’: Now, therefore, and protecting individuals fleeing the vio- prevention activities; be it lence of ISIS. Whereas on January 17, 2009, Amanda J. Resolved, That the Senate— Hansen, a junior and member of the swim (1) finds that ISIS, its affiliated organiza- f team at West Seneca West High School, in tions, and supporters are parts of an expand- West Seneca, New York, passed away from ing, worldwide criminal network, the mem- SENATE RESOLUTION 341—DESIG- carbon monoxide poisoning while sleeping bers of which have pledged allegiance to its NATING JANUARY 2016 AS ‘‘NA- leaders, support its actions, act in concert near a faulty basement boiler during a TIONAL CARBON MONOXIDE POI- sleepover party; with them, claim credit for targeted killings, SONING AWARENESS MONTH’’ and are ‘‘fully aware that [their] participa- Whereas Amanda J. Hansen loved Spanish, tion’’ and support will ‘‘assist [in] the com- Mr. SCHUMER (for himself and Ms. was a member of the Spanish Honor Society mission’’ of its crimes; KLOBUCHAR) submitted the following at West Seneca West High School, and want- (2) finds that ISIS and its affiliated organi- resolution; which was referred to the ed to eventually teach Spanish; zations maintain sophisticated publishing Committee on the Judiciary: Whereas Amanda J. Hansen hoped to at- and social media networks that seek to at- tend college at the University of North Caro- S. RES. 341 tract others to join their efforts and seek to lina; incite the murder of Christians, Shia and Whereas carbon monoxide is an odorless, Whereas responding to tragedy, Ken and Sunni Muslims, Jews, and any religious be- colorless gas that is produced whenever any Kim Hansen established the Amanda Hansen fuel, such as natural gas, propane, gasoline, lievers who refuse to convert to their Foundation to honor their daughter by rais- oil, kerosene, wood, or charcoal, is burned; Wahhabi-Salafist jihadist ideology; ing money for a scholarship fund and spread- Whereas devices that produce carbon mon- (3) declares that ISIS and its leaders ing awareness about the dangers of carbon should be charged with genocide, crimes oxide include cars, boats, gasoline engines, monoxide and the importance of taking safe- against humanity, and war crimes; stoves, and heating systems, and carbon (4) calls upon on the Attorney General to monoxide produced from these sources can ty measures, such as using carbon monoxide investigate and prosecute any United States build up in enclosed or semi-enclosed spaces; detectors in residences; citizens or residents alleged to be perpetra- Whereas carbon monoxide is often referred Whereas the Amanda Hansen Foundation tors of or complicit in these crimes and to to as the ‘‘silent killer’’ because it is color- works with lawmakers and local commu- report back to Congress regarding what steps less, odorless, tasteless, and nonirritating, nities to educate the public on the dangers of are being taken to investigate and prosecute and ignoring early stages of carbon mon- carbon monoxide poisoning; those involved; oxide poisoning may cause unconsciousness Whereas the Amanda Hansen Foundation (5) calls upon the Secretary of the Treas- and continual exposure to danger; raises money to purchase carbon monoxide ury to investigate and sanction any person, Whereas according to the Centers for Dis- detectors for individuals who cannot afford organization, business, or financial institu- ease Control and Prevention, each year in the detectors and has given away 17,000 car- tion alleged to be perpetrators of or the United States, carbon monoxide poi- bon monoxide detectors; complicit in these crimes, and to report back soning kills more than 400 individuals and Whereas the Amanda Hansen Foundation to Congress regarding what additional au- sends approximately 20,000 individuals to and Ken and Kim Hansen through their work thority, if any, is needed to disrupt ISIS fi- emergency rooms; with the Foundation collaborate with other nancial support networks; Whereas when people breathe in carbon national organizations to ensure that carbon (6) calls upon the President to authorize monoxide, the poisonous gas enters the monoxide detectors are as ubiquitous as pos- the Secretary of State, the Under Secretary bloodstream and prevents adequate intake of sible; of State for Democracy and Global Affairs, oxygen, which can damage tissues and result Whereas the Hansen family fought in 2010 and the Ambassador-at-Large for War Crimes in death; for the passage of ‘‘Amanda’s Law’’, a law Issues to cooperate in the collection of foren- Whereas individuals older than the age of sic evidence of crimes against humanity, 65, given common preexisting medical condi- that mandates the installation of carbon genocide, war crimes, slavery, or other viola- tions, are particularly vulnerable to carbon monoxide detectors in new and existing resi- tions of international humanitarian law; monoxide poisoning; dences with fuel-burning appliances and the (7) calls on the President, the Secretary of Whereas for most individuals who suffer replacement of carbon monoxide detectors State, and the United States Permanent from carbon monoxide poisoning, the early every 5 years; Representative to the United Nations, work- signs of exposure to low concentrations of Whereas the Amanda Hansen Foundation ing through the United Nations Security carbon monoxide include mild headaches and has paid to replace furnaces in the Buffalo, Council and its member states as appro- breathlessness after moderate exercise; New York area with furnaces that are safer priate, to accelerate the implementation of Whereas sustained or increased exposure to and more energy efficient; and an immediate, coordinated, and sustained re- carbon monoxide can lead to flu-like symp- Whereas in memory of their daughter, the sponse to provide humanitarian assistance, toms, including severe headaches, dizziness, Hansen family has worked tirelessly to make protect civilians, build resilience, and help tiredness, nausea, confusion, irritability, and New York and the rest of the United States reestablish livelihoods for displaced and per- impaired judgment, memory, and coordina- a safer place: Now, therefore, be it secuted persons in their communities of ori- tion; gin; Whereas breathing in low concentrations Resolved, That the Senate designates Janu- (8) calls upon the contracting parties to of carbon monoxide can cause long-term ary 2016 as ‘‘National Carbon Monoxide Poi- the United Nations Convention on the Pre- health damage, even after exposure to the soning Awareness Month’’. vention and Punishment of the Crime of gas ends; Genocide, signed at Paris December 9, 1948, Whereas most cases of carbon monoxide ex- and other international agreements forbid- posure occur during the winter months of ding war crimes and crimes against human- December, January, and February when oil ity, to join with the United States in an ef- and gas heaters are more heavily in use;

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.056 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8889 SENATE RESOLUTION 342—CON- WHITEHOUSE, Ms. COLLINS, and Mr. REED)) bill S. 2152, to establish a comprehen- GRATULATING THE WOMEN’S proposed an amendment to the bill S . 1893, sive United States Government policy VOLLEYBALL TEAM OF WHEEL- to reauthorize and improve programs related to encourage the efforts of countries in to mental health and substance use dis- ING JESUIT UNIVERSITY ON WIN- orders. sub-Saharan Africa to develop an ap- NING THE DIVISION II NATIONAL SA 2943. Mr. PERDUE (for Mr. LEE) pro- propriate mix of power solutions, in- CHAMPIONSHIP posed an amendment to the bill S. 1893, cluding renewable energy, for more Mrs. CAPITO (for herself and Mr. supra. broadly distributed electricity access MANCHIN) submitted the following reso- f in order to support poverty reduction, promote development outcomes, and lution; which was considered and TEXT OF AMENDMENTS agreed to: drive economic growth, and for other SA 2938. Mr. CARPER (for himself, S. RES. 342 purposes; as follows: Mr. COONS, Mr. BLUMENTHAL, Mr. MAR- Whereas on Saturday, December 12, 2015, On page 3, line 21, strike ‘‘technologies; KEY, Mr. BOOKER, Mr. SCHUMER, Mr. the Wheeling Jesuit Cardinals won the Divi- and’’ and insert ‘‘technologies;’’. BENNET, Mr. CARDIN, Ms. CANTWELL, sion II National Championship women’s On page 4, line 2, strike ‘‘energy.’’ and in- volleyball trophy in 3 straight sets, defeating Mr. MURPHY, Mr. SANDERS, Mr. CASEY, sert the following: ‘‘energy; and the Palm Beach Atlantic Sailfish of Tampa, Mr. BROWN, Mr. MENENDEZ, Ms. HIRONO, (9) promote and increase the use of private Florida, by scores of— Mr. DONNELLY, Mr. HEINRICH, Mrs. SHA- financing and seek ways to remove barriers (1) 25 to 22; HEEN, and Mr. FRANKEN) submitted an to private financing and assistance for (2) 26 to 24; and amendment intended to be proposed by projects, including through charitable orga- (3) 26 to 24; him to the bill H.R. 2029, making ap- nizations. Whereas Wheeling Jesuit Cardinals setter On page 10, between lines 17 and 18, insert Andrea Thobe earned the Most Outstanding propriations for military construction, the following: Player award; the Department of Veterans Affairs, (12) A description of how United States in- Whereas Wheeling Jesuit Cardinals and related agencies for the fiscal year vestments to increase access to energy in volleyball players Jessica Thobe, Haley ending September 30, 2016, and for sub-Saharan Africa may reduce the need for Kindall, and Kayce Krucki were recognized other purposes; which was ordered to foreign aid and development assistance in by being named to the All-Tournament lie on the table; as follows: the future. team; In title III of division P, insert after sec- (13) A description of policies or regula- Whereas head volleyball coach Christy tion 303 the following new section: tions, both domestically and internationally, Benner, assistant volleyball coach Matt that create barriers to private financing of SEC. 303A. EXTENSION OF ENERGY CREDIT FOR Benner, and graduate assistant coach Allissa OTHER ENERGY PROPERTY. the projects undertaken in this Act. Ware brilliantly created successful game (a) QUALIFIED FUEL CELL PROPERTY.—Sec- (14) A description of the specific national plans throughout the 2015 season; and tion 48(c)(1)(D) of the Internal Revenue Code security benefits to the United States that Whereas all members of the Wheeling Jes- of 1986 is amended by striking ‘‘for any pe- will be derived from increased energy access uit Cardinals women’s volleyball team, in- riod after December 31, 2016’’ and inserting in sub-Saharan Africa. cluding Abby Moffit, Alexa Brown, Sydney ‘‘the construction of which does not begin On page 13, between lines 8 and 9, insert Obringer, Maddy Smyth, Allegra Shippy, before January 1, 2022’’. the following: Julie Henderson, Samantha Obringer, Maddy (b) QUALIFIED MICROTURBINE PROPERTY.— (c) PROMOTION OF USE OF PRIVATE FINANC- Kassen, Emily Blank, Katie Campbell, Section 48(c)(2)(D) of such Code is amended ING AND ASSISTANCE.—In carrying out poli- Emma Schluecher, and Lauren Graves suc- by striking ‘‘for any period after December cies under this section, such institutions cessfully worked together to help deliver the 31, 2016’’ and inserting ‘‘the construction of shall promote the use of private financing first National Championship for Wheeling which does not begin before January 1, 2022’’. and assistance and seek ways to remove bar- Jesuit University: Now, therefore, be it (c) COMBINED HEAT AND POWER SYSTEM riers to private financing for projects and Resolved, That the Senate congratulates PROPERTY.—Section 48(c)(3)(A)(iv) of such programs under this Act, including through the women’s volleyball team of Wheeling Code is amended by striking ‘‘which is placed charitable organizations. Jesuit University on winning the Division II in service before January 1, 2017’’ and insert- On page 13, line 9, strike ‘‘(c)’’ and insert National Championship. ing ‘‘construction of which begins before ‘‘(d)’’. f January 1, 2022’’. (d) QUALIFIED SMALL WIND ENERGY PROP- SA 2940. Mr. PERDUE (for Mrs. AMENDMENTS SUBMITTED AND ERTY.—Section 48(c)(4)(C) of such Code is FISCHER) proposed an amendment to PROPOSED amended by striking ‘‘for any period after the bill S. 1115, to close out expired SA 2938. Mr. CARPER (for himself, Mr. December 31, 2016’’ and inserting ‘‘the con- grants; as follows: COONS, Mr. BLUMENTHAL, Mr. MARKEY, Mr. struction of which does not begin before Jan- Strike all after the enacting clause and in- BOOKER, Mr. SCHUMER , Mr. BENNET, Mr. uary 1, 2022’’. sert the following: CARDIN, Ms. CANTWELL, Mr. MURPHY, Mr. (e) THERMAL ENERGY PROPERTY.—Section 48(a)(3)(A)(vii) of such Code is amended by SECTION 1. SHORT TITLE. SANDERS, Mr. CASEY, Mr. BROWN, Mr. MENEN- This Act may be cited as the ‘‘Grants Over- DEZ, Ms. HIRONO, Mr. DONNELLY, Mr. HEIN- striking ‘‘periods ending’’ and inserting ‘‘property the construction of which begins sight and New Efficiency Act’’ or the ‘‘GONE RICH, Mrs. SHAHEEN, and Mr. FRANKEN) sub- Act’’. mitted an amendment intended to be pro- before January 1, 2022’’. posed by him to the bill H.R. 2029, making (f) PHASEOUT OF 30 PERCENT CREDIT RATE SEC. 2. IDENTIFYING AND CLOSING OUT EXPIRED FEDERAL GRANT AWARDS. appropriations for military construction, the FOR FUEL CELL AND SMALL WIND ENERGY (a) EXPIRED FEDERAL GRANT AWARD RE- Department of Veterans Affairs, and related PROPERTY.—Subsection (a) of section 48 of PORT.— agencies for the fiscal year ending Sep- such Code, as amended by this Act, is amend- tember 30, 2016, and for other purposes; which ed by adding at the end the following new (1) IN GENERAL.—Not later than 180 days was ordered to lie on the table. paragraph: after the date of the enactment of this Act, SA 2939. Mr. MCCONNELL (for Mr. CORKER) ‘‘(7) PHASEOUT FOR QUALIFIED FUEL CELL the Director of the Office of Management proposed an amendment to the bill S. 2152, to PROPERTY AND QUALIFIED SMALL WIND ENERGY and Budget shall instruct the head of each establish a comprehensive United States PROPERTY.—In th case of qualified fuel cell agency, in coordination with the Secretary, Government policy to encourage the efforts property or qualified small wind energy to submit to Congress and the Secretary a of countries in sub-Saharan Africa to develop property, the construction of which begins report, not later than December 31 of the an appropriate mix of power solutions, in- before January 1, 2022, the energy percentage first calendar year beginning after the date cluding renewable energy, for more broadly determined under paragraph (2) shall be of the enactment of this Act, that— distributed electricity access in order to sup- equal to— (A) lists each Federal grant award held by port poverty reduction, promote develop- ‘‘(A) in the case of any property the con- such agency; ment outcomes, and drive economic growth, struction of which begins after December 31, (B) provides the total number of Federal and for other purposes. 2019, and before January 1, 2021, 26 percent, grant awards, including the number of SA 2940. Mr. PERDUE (for Mrs. FISCHER) and grants— proposed an amendment to the bill S. 1115, to ‘‘(B) in the case of any property the con- (i) by time period of expiration; close out expired grants. struction of which begins after December 31, (ii) with zero dollar balances; and SA 2941. Mr. PERDUE (for Mr. THUNE) pro- 2020, and before January 1, 2022, 22 percent.’’. (iii) with undisbursed balances; posed an amendment to the bill H.R. 4188, to (g) EFFECTIVE DATE.—The amendments (C) for an agency with Federal grant authorize appropriations for the Coast Guard made by this section shall take effect on the awards, describes the challenges leading to for fiscal years 2016 and 2017, and for other date of the enactment of this Act. delays in grant closeout; and purposes. (D) for the 30 oldest Federal grant awards SA 2942. Mr. PERDUE (for Ms. MURKOWSKI SA 2939. Mr. MCCONNELL (for Mr. of an agency, explains why each Federal (for herself, Ms. WARREN, Mr. SANDERS, Mr. CORKER) proposed an amendment to the grant award has not been closed out.

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(2) USE OF DATA SYSTEMS.—An agency may Strike all after the enacting clause and in- TITLE IV—FEDERAL MARITIME use existing multiagency data systems in sert the following: COMMISSION order to submit the report required under SECTION 1. SHORT TITLE. Sec. 401. Authorization of appropriations. paragraph (1). This Act may be cited as the ‘‘Coast Guard Sec. 402. Duties of the Chairman. (3) EXPLANATION OF MISSING INFORMATION.— Authorization Act of 2015’’. Sec. 403. Prohibition on awards. If the head of an agency is unable to submit SEC. 2. TABLE OF CONTENTS. TITLE V—CONVEYANCES all of the information required to be in- cluded in the report under paragraph (1), the The table of contents for this Act is as fol- Subtitle A—Miscellaneous Conveyances report shall include an explanation of why lows: Sec. 501. Conveyance of Coast Guard prop- the information was not available, including Sec. 1. Short title. erty in Point Reyes Station, any shortcomings with and plans to improve Sec. 2. Table of contents. California. existing grant systems, including data sys- TITLE I—AUTHORIZATIONS Sec. 502. Conveyance of Coast Guard prop- erty in Tok, Alaska. tems. Sec. 101. Authorizations. (b) NOTICE FROM AGENCIES.— Sec. 102. Conforming amendments. Subtitle B—Pribilof Islands (1) IN GENERAL.—Not later than 1 year after Sec. 521. Short title. the date on which the head of an agency sub- TITLE II—COAST GUARD Sec. 522. Transfer and disposition of prop- mits the report required under subsection Sec. 201. Vice Commandant. erty. (a), the head of such agency shall provide no- Sec. 202. Vice admirals. Sec. 523. Notice of certification. tice to the Secretary specifying whether the Sec. 203. Coast Guard remission of indebted- Sec. 524. Redundant capability. head of the agency has closed out grant ness. awards associated with all of the Federal Sec. 204. Acquisition reform. Subtitle C—Conveyance of Coast Guard grant awards in the report and which Fed- Sec. 205. Auxiliary jurisdiction. Property at Point Spencer, Alaska eral grant awards in the report have not been Sec. 206. Coast Guard communities. Sec. 531. Findings. closed out. Sec. 207. Polar icebreakers. Sec. 532. Definitions. (2) NOTICE TO CONGRESS.—Not later than 90 Sec. 208. Air facility closures. Sec. 533. Authority to convey land in Point days after the date on which all of the no- Sec. 209. Technical corrections to title 14, Spencer. tices required pursuant to paragraph (1) have United States Code. Sec. 534. Environmental compliance, liabil- been provided or March 31 of the calendar Sec. 210. Discontinuance of an aid to naviga- ity, and monitoring. year following the calendar year described in tion. Sec. 535. Easements and access. subsection (a)(1), whichever is sooner, the Sec. 211. Mission performance measures. Sec. 536. Relationship to Public Land Order Secretary shall compile the notices sub- Sec. 212. Communications. 2650. mitted pursuant to paragraph (1) and submit Sec. 213. Coast Guard graduate maritime op- Sec. 537. Archeological and cultural re- to Congress a report on such notices. erations education. sources. (c) INSPECTOR GENERAL REVIEW.—Not later Sec. 214. Professional development. Sec. 538. Maps and legal descriptions. than 1 year after the date on which the head Sec. 215. Senior enlisted member continu- Sec. 539. Chargeability for land conveyed. of an agency provides notice to Congress ation boards. Sec. 540. Redundant capability. under subsection (b)(2), the Inspector Gen- Sec. 216. Coast Guard member pay. Sec. 541. Port Coordination Council for eral of an agency with more than $500,000,000 Sec. 217. Transfer of funds necessary to pro- Point Spencer. in annual grant funding shall conduct a risk vide medical care. TITLE VI—MISCELLANEOUS assessment to determine if an audit or re- Sec. 218. Participation of the Coast Guard Sec. 601. Modification of reports. view of the agency’s grant closeout process Academy in Federal, State, or Sec. 602. Safe vessel operation in the Great is warranted. other educational research Lakes. (d) REPORT ON ACCOUNTABILITY AND OVER- grants. Sec. 603. Use of vessel sale proceeds. SIGHT.—Not later than 6 months after the Sec. 219. National Coast Guard Museum. Sec. 604. National Academy of Sciences cost date on which the second report is submitted assessment. pursuant to subsection (b)(2), the Director of Sec. 220. Investigations. Sec. 605. Penalty wages. Office of Management and Budget, in con- Sec. 221. Clarification of eligibility of mem- Sec. 606. Recourse for noncitizens. sultation with the Secretary, shall submit to bers of the Coast Guard for Sec. 607. Coastwise endorsements. Congress a report on recommendations, if combat-related special com- Sec. 608. International Ice Patrol. any, for legislation to improve account- pensation. Sec. 609. Assessment of oil spill response and ability and oversight in grants management, Sec. 222. Leave policies for the Coast Guard. cleanup activities in the Great including the timely closeout of a Federal TITLE III—SHIPPING AND NAVIGATION grant award. Lakes. Sec. 301. Survival craft. Sec. 610. Report on status of technology de- (e) DEFINITIONS.—In this section: Sec. 302. Vessel replacement. (1) AGENCY.—The term ‘‘agency’’ has the tecting passengers who have Sec. 303. Model years for recreational ves- fallen overboard. meaning given that term in section 551 of sels. title 5, United States Code. Sec. 611. Venue. Sec. 304. Merchant mariner credential expi- Sec. 612. Disposition of infrastructure re- (2) CLOSEOUT.—The term ‘‘closeout’’ means ration harmonization. lated to e-loran. a closeout of a Federal grant award con- Sec. 305. Safety zones for permitted marine ducted in accordance with part 200 of title 2, Sec. 613. Parking. events. Sec. 614. Inapplicability of load line require- Code of Federal Regulations, including sec- Sec. 306. Technical corrections. ments to certain United States tions 200.16 and 200.343 of such title, or any Sec. 307. Recommendations for improve- vessels traveling in the Gulf of successor thereto. ments of marine casualty re- Mexico. (3) FEDERAL GRANT AWARD.—The term porting. TITLE I—AUTHORIZATIONS ‘‘Federal grant award’’ means a Federal Sec. 308. Recreational vessel engine weights. grant award (as defined in section 200.38(a)(1) Sec. 309. Merchant mariner medical certifi- SEC. 101. AUTHORIZATIONS. of title 2, Code of Federal Regulations, or cation reform. (a) IN GENERAL.—Title 14, United States any successor thereto), including a coopera- Sec. 310. Atlantic Coast port access route Code, is amended by adding at the end the tive agreement, in an agency cash payment study. following: management system held by the United Sec. 311. Certificates of documentation for ‘‘PART III—COAST GUARD AUTHORIZA- States Government for which— recreational vessels. TIONS AND REPORTS TO CONGRESS (A) the grant award period of performance, Sec. 312. Program guidelines. ‘‘Chap. Sec. including any extensions, has been expired Sec. 313. Repeals...... for more than 2 years; and ‘‘27. Authorizations 2701 Sec. 314. Maritime drug law enforcement. ‘‘29. Reports ...... 2901. (B) closeout has not yet occurred in ac- Sec. 315. Examinations for merchant mar- ‘‘CHAPTER 27—AUTHORIZATIONS cordance with section 200.343 of title 2, Code iner credentials. of Federal Regulations, or any successor Sec. 316. Higher volume port area regulatory ‘‘Sec. thereto. definition change. ‘‘2702. Authorization of appropriations. ‘‘2704. Authorized levels of military strength (4) SECRETARY.—The term ‘‘Secretary’’ Sec. 317. Recognition of port security assess- and training. means the Secretary of Health and Human ments conducted by other enti- Services. ties. ‘‘§ 2702. Authorization of appropriations Mr. PERDUE (for Mr. Sec. 318. Fishing vessel and fish tender ves- ‘‘Funds are authorized to be appropriated SA 2941. sel certification. for each of fiscal years 2016 and 2017 for nec- THUNE) proposed an amendment to the Sec. 319. Interagency Coordinating Com- essary expenses of the Coast Guard as fol- bill H.R. 4188, to authorize appropria- mittee on Oil Pollution Re- lows: tions for the Coast Guard for fiscal search. ‘‘(1) For the operation and maintenance of years 2016 and 2017, and for other pur- Sec. 320. International port and facility in- the Coast Guard, not otherwise provided poses; as follows: spection coordination. for—

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.052 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8891 ‘‘(A) $6,981,036,000 for fiscal year 2016; and ‘‘(4) an identification of any capability (B) by transferring such section to appear ‘‘(B) $6,981,036,000 for fiscal year 2017. gaps between mission requirements and mis- after section 2901 of such title (as so redesig- ‘‘(2) For the acquisition, construction, ren- sion performance caused by deficiencies in nated and transferred by paragraph (1) of ovation, and improvement of aids to naviga- the numbers of personnel available— this subsection). tion, shore facilities, vessels, and aircraft, ‘‘(A) currently; and (3) MAJOR ACQUISITIONS.—Section 569a of including equipment related thereto, and for ‘‘(B) as projected for the upcoming fiscal title 14, United States Code, is amended— maintenance, rehabilitation, lease, and oper- year and each of the 3 fiscal years thereafter; (A) by redesignating such section as sec- ation of facilities and equipment— and tion 2903; ‘‘(A) $1,945,000,000 for fiscal year 2016; and ‘‘(5) an identification of the actions the (B) by transferring such section to appear ‘‘(B) $1,945,000,000 for fiscal year 2017. Commandant will take to address capability after section 2902 of such title (as so redesig- ‘‘(3) For the Coast Guard Reserve program, gaps identified under paragraph (4). nated and transferred by paragraph (2) of including operations and maintenance of the ‘‘(c) CONSIDERATION.—In composing a man- this subsection); and program, personnel and training costs, power requirements plan for submission (C) in subsection (c)(2) by striking ‘‘of this equipment, and services— under subsection (a), the Commandant shall subchapter’’. ‘‘(A) $140,016,000 for fiscal year 2016; and consider— (e) ICEBREAKERS.— ‘‘(B) $140,016,000 for fiscal year 2017. ‘‘(1) the marine safety strategy required (1) ICEBREAKING ON THE GREAT LAKES.—For ‘‘(4) For the environmental compliance and under section 2116 of title 46; fiscal years 2016 and 2017, the Commandant restoration functions of the Coast Guard ‘‘(2) information on the adequacy of the ac- of the Coast Guard may use funds made under chapter 19 of this title— quisition workforce included in the most re- available pursuant to section 2702(2) of title ‘‘(A) $16,701,000 for fiscal year 2016; and cent report under section 2903 of this title; 14, United States Code (as added by sub- ‘‘(B) $16,701,000 for fiscal year 2017. and section (a) of this section) for the selection ‘‘(5) To the Commandant of the Coast ‘‘(3) any other Federal strategic planning of a design for and the construction of an Guard for research, development, test, and effort the Commandant considers appro- icebreaker that is capable of buoy tending to evaluation of technologies, materials, and priate.’’. enhance icebreaking capacity on the Great human factors directly related to improving (b) REQUIREMENT FOR PRIOR AUTHORIZATION Lakes. the performance of the Coast Guard’s mis- OF APPROPRIATIONS.—Section 662 of title 14, (2) POLAR ICEBREAKING.—Of the amounts sion with respect to search and rescue, aids United States Code, is amended— authorized to be appropriated under section to navigation, marine safety, marine envi- (1) by redesignating such section as section 2702(2) of title 14, United States Code, as ronmental protection, enforcement of laws 2701; amended by subsection (a), there is author- and treaties, ice operations, oceanographic (2) by transferring such section to appear ized to be appropriated to the Coast Guard research, and defense readiness, and for before section 2702 of such title (as added by $4,000,000 for fiscal year 2016 and $10,000,000 maintenance, rehabilitation, lease, and oper- subsection (a) of this section); and for fiscal year 2017 for preacquisition activi- ation of facilities and equipment— (3) by striking paragraphs (1) through (5) ties for a new polar icebreaker, including ini- ‘‘(A) $19,890,000 for fiscal year 2016; and and inserting the following: tial specification development and feasi- ‘‘(B) $19,890,000 for fiscal year 2017. ‘‘(1) For the operation and maintenance of bility studies. ‘‘§ 2704. Authorized levels of military strength the Coast Guard, not otherwise provided for. (f) ADDITIONAL SUBMISSIONS.—The Com- and training ‘‘(2) For the acquisition, construction, ren- mandant of the Coast Guard shall submit to the Committee on Homeland Security of the ‘‘(a) ACTIVE DUTY STRENGTH.—The Coast ovation, and improvement of aids to naviga- Guard is authorized an end-of-year strength tion, shore facilities, vessels, and aircraft, House of Representatives— for active duty personnel of 43,000 for each of including equipment related thereto, and for (1) each plan required under section 2904 of fiscal years 2016 and 2017. maintenance, rehabilitation, lease, and oper- title 14, United States Code, as added by sub- section (a) of this section; ‘‘(b) MILITARY TRAINING STUDENT LOADS.— ation of facilities and equipment. The Coast Guard is authorized average mili- ‘‘(3) For the Coast Guard Reserve program, (2) each plan required under section 2903(e) tary training student loads for each of fiscal including operations and maintenance of the of title 14, United States Code, as added by years 2016 and 2017 as follows: program, personnel and training costs, section 206 of this Act; ‘‘(1) For recruit and special training, 2,500 equipment, and services. (3) each plan required under section 2902 of student years. ‘‘(4) For the environmental compliance and title 14, United States Code, as redesignated ‘‘(2) For flight training, 165 student years. restoration functions of the Coast Guard by subsection (d) of this section; and ‘‘(3) For professional training in military under chapter 19 of this title. (4) each mission need statement required and civilian institutions, 350 student years. ‘‘(5) For research, development, test, and under section 569 of title 14, United States ‘‘(4) For officer acquisition, 1,200 student evaluation of technologies, materials, and Code. years. human factors directly related to improving SEC. 102. CONFORMING AMENDMENTS. the performance of the Coast Guard. ‘‘CHAPTER 29—REPORTS (a) ANALYSIS FOR TITLE 14.—The analysis ‘‘(6) For alteration or removal of bridges for title 14, United States Code, is amended ‘‘Sec. over navigable waters of the United States by adding after the item relating to part II ‘‘2904. Manpower requirements plan. constituting obstructions to navigation, and the following: ‘‘§ 2904. Manpower requirements plan for personnel and administrative costs asso- ‘‘III. Coast Guard Authorizations and ‘‘(a) IN GENERAL.—On the date on which ciated with the Alteration of Bridges Pro- Reports to Congress ...... 2701’’. gram.’’. the President submits to the Congress a (b) ANALYSIS FOR CHAPTER 15.—The anal- budget for fiscal year 2017 under section 1105 (c) AUTHORIZATION OF PERSONNEL END ysis for chapter 15 of title 14, United States of title 31, on the date on which the Presi- STRENGTHS.—Section 661 of title 14, United Code, is amended by striking the item relat- dent submits to the Congress a budget for States Code, is amended— ing to section 569a. fiscal year 2019 under such section, and every (1) by redesignating such section as section (c) ANALYSIS FOR CHAPTER 17.—The anal- 4 years thereafter, the Commandant shall 2703; and ysis for chapter 17 of title 14, United States submit to the Committee on Transportation (2) by transferring such section to appear Code, is amended by striking the items relat- and Infrastructure of the House of Rep- before section 2704 of such title (as added by ing to sections 661, 662, 662a, and 663. resentatives and the Committee on Com- subsection (a) of this section). (d) ANALYSIS FOR CHAPTER 27.—The anal- merce, Science, and Transportation of the (d) REPORTS.— ysis for chapter 27 of title 14, United States Senate a manpower requirements plan. (1) TRANSMISSION OF ANNUAL COAST GUARD Code, as added by section 101(a) of this Act, ‘‘(b) SCOPE.—A manpower requirements AUTHORIZATION REQUEST.—Section 662a of is amended by inserting— plan submitted under subsection (a) shall in- title 14, United States Code, is amended— (1) before the item relating to section 2702 clude for each mission of the Coast Guard— (A) by redesignating such section as sec- the following: ‘‘(1) an assessment of all projected mission tion 2901; ‘‘2701. Requirement for prior authorization of requirements for the upcoming fiscal year (B) by transferring such section to appear appropriations.’’; and for each of the 3 fiscal years thereafter; before section 2904 of such title (as added by and ‘‘(2) the number of active duty, reserve, subsection (a) of this section); and (2) before the item relating to section 2704 and civilian personnel assigned or available (C) in subsection (b)— the following: to fulfill such mission requirements— (i) in paragraph (1) by striking ‘‘described ‘‘(A) currently; and in section 661’’ and inserting ‘‘described in ‘‘2703. Authorization of personnel end ‘‘(B) as projected for the upcoming fiscal section 2703’’; and strengths.’’. year and each of the 3 fiscal years thereafter; (ii) in paragraph (2) by striking ‘‘described (e) ANALYSIS FOR CHAPTER 29.—The anal- ‘‘(3) the number of active duty, reserve, in section 662’’ and inserting ‘‘described in ysis for chapter 29 of title 14, United States and civilian personnel required to fulfill such section 2701’’. Code, as added by section 101(a) of this Act, mission requirements— (2) CAPITAL INVESTMENT PLAN.—Section 663 is amended by inserting before the item re- ‘‘(A) currently; and of title 14, United States Code, is amended— lating to section 2904 the following: ‘‘(B) as projected for the upcoming fiscal (A) by redesignating such section as sec- ‘‘2901. Transmission of annual Coast Guard year and each of the 3 fiscal years thereafter; tion 2902; and authorization request.

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‘‘2902. Capital investment plan. (b) CLERICAL AMENDMENT.—The analysis of this Act, the Commandant of the Coast ‘‘2903. Major acquisitions.’’. for chapter 13 of title 14, United States Code, Guard shall— (f) MISSION NEED STATEMENT.—Section is amended by striking the item relating to (1) implement a standard for tracking oper- 569(b) of title 14, United States Code, is section 461 and inserting the following: ational days at sea for Coast Guard cutters amended— ‘‘461. Remission of indebtedness.’’. that does not include days during which such (1) in paragraph (2) by striking ‘‘in section SEC. 204. ACQUISITION REFORM. cutters are undergoing maintenance or re- 569a(e)’’ and inserting ‘‘in section 2903’’; and pair; and (2) in paragraph (3) by striking ‘‘under sec- (a) MINIMUM PERFORMANCE STANDARDS.— Section 572(d)(3) of title 14, United States (2) notify the Committee on Transpor- tion 663(a)(1)’’ and inserting ‘‘under section tation and Infrastructure of the House of 2902(a)(1)’’. Code, is amended— (1) by redesignating subparagraphs (C) Representatives and the Committee on Com- TITLE II—COAST GUARD through (H) as subparagraphs (E) through merce, Science, and Transportation of the SEC. 201. VICE COMMANDANT. (J), respectively; Senate of the standard implemented under (a) GRADES AND RATINGS.—Section 41 of (2) by redesignating subparagraph (B) as paragraph (1). (d) FIXED WING AIRCRAFT FLEET MIX ANAL- title 14, United States Code, is amended by subparagraph (C); striking ‘‘an admiral,’’ and inserting ‘‘admi- YSIS.—Not later than September 30, 2016, the (3) by inserting after subparagraph (A) the Commandant of the Coast Guard shall sub- rals (two);’’. following: (b) VICE COMMANDANT; APPOINTMENT.—Sec- mit to the Committee on Transportation and ‘‘(B) the performance data to be used to de- Infrastructure of the House of Representa- tion 47 of title 14, United States Code, is termine whether the key performance pa- amended by striking ‘‘vice admiral’’ and in- tives and the Committee on Commerce, rameters have been resolved;’’; and Science, and Transportation of the Senate a serting ‘‘admiral’’. (4) by inserting after subparagraph (C), as (c) CONFORMING AMENDMENT.—Section 51 of revised fleet mix analysis of Coast Guard redesignated by paragraph (2) of this sub- fixed wing aircraft. title 14, United States Code, is amended— section, the following: (1) in subsection (a) by inserting ‘‘admiral (e) LONG-TERM MAJOR ACQUISITIONS ‘‘(D) the results during test and evaluation PLAN.—Section 2903 of title 14, United States or’’ before ‘‘vice admiral,’’; that will be required to demonstrate that a Code, as redesignated and otherwise amended (2) in subsection (b) by inserting ‘‘admiral capability, asset, or subsystem meets per- by this Act, is further amended— or’’ before ‘‘vice admiral,’’ each place it ap- formance requirements;’’. (1) by redesignating subsection (e) as sub- pears; and (b) CAPITAL INVESTMENT PLAN.—Section section (g); and (3) in subsection (c) by inserting ‘‘admiral 2902 of title 14, United States Code, as redes- (2) by inserting after subsection (d) the fol- or’’ before ‘‘vice admiral,’’. ignated and otherwise amended by this Act, lowing: SEC. 202. VICE ADMIRALS. is further amended— ‘‘(e) LONG-TERM MAJOR ACQUISITIONS Section 50 of title 14, United States Code, (1) in subsection (a)(1)— PLAN.—Each report under subsection (a) is amended— (A) in subparagraph (B), by striking ‘‘com- shall include a plan that describes for the up- (1) in subsection (a)— pletion;’’ and inserting ‘‘completion based on coming fiscal year, and for each of the 20 fis- (A) by striking paragraph (1) and inserting the proposed appropriations included in the cal years thereafter— the following: budget;’’; and ‘‘(1) the numbers and types of cutters and ‘‘(1) The President may— (B) in subparagraph (D), by striking ‘‘at aircraft to be decommissioned; ‘‘(A) designate, within the Coast Guard, no the projected funding levels;’’ and inserting ‘‘(2) the numbers and types of cutters and more than five positions of importance and ‘‘based on the proposed appropriations in- aircraft to be acquired to— responsibility that shall be held by officers cluded in the budget;’’; and ‘‘(A) replace the cutters and aircraft iden- who, while so serving— (2) by redesignating subsection (b) as sub- tified under paragraph (1); or ‘‘(i) shall have the grade of vice admiral, section (c), and inserting after subsection (a) ‘‘(B) address an identified capability gap; with the pay and allowances of that grade; the following: and and ‘‘(b) NEW CAPITAL ASSETS.—In the fiscal ‘‘(3) the estimated level of funding in each ‘‘(ii) shall perform such duties as the Com- year following each fiscal year for which ap- fiscal year required to— mandant may prescribe, except that if the propriations are enacted for a new capital ‘‘(A) acquire the cutters and aircraft iden- President designates five such positions, one asset, the report submitted under subsection tified under paragraph (2); position shall be the Chief of Staff of the (a) shall include— ‘‘(B) acquire related command, control, Coast Guard; and ‘‘(1) an estimated life-cycle cost estimate communications, computer, intelligence, ‘‘(B) designate, within the executive for the new capital asset; surveillance, and reconnaissance systems; branch, other than within the Coast Guard ‘‘(2) an assessment of the impact the new and or the National Oceanic and Atmospheric capital asset will have on— ‘‘(C) acquire, construct, or renovate shore- Administration, positions of importance and ‘‘(A) delivery dates for each capital asset; side infrastructure. responsibility that shall be held by officers ‘‘(B) estimated completion dates for each ‘‘(f) QUARTERLY UPDATES ON RISKS OF PRO- who, while so serving, shall have the grade of capital asset; GRAMS.— vice admiral, with the pay and allowances of ‘‘(C) the total estimated cost to complete ‘‘(1) IN GENERAL.—Not later than 15 days that grade.’’; and each capital asset; and after the end of each fiscal year quarter, the (B) in paragraph (3)(A) by striking ‘‘under ‘‘(D) other planned construction or im- Commandant of the Coast Guard shall sub- paragraph (1)’’ and inserting ‘‘under para- provement projects; and mit to the committees of Congress specified graph (1)(A)’’; and ‘‘(3) recommended funding levels for each in subsection (a) an update setting forth a (2) in subsection (b)(2)— capital asset necessary to meet the esti- current assessment of the risks associated (A) in subparagraph (B) by striking ‘‘and’’ mated completion dates and total estimated with all current major acquisition programs. at the end; costs included in the such asset’s approved ‘‘(2) ELEMENTS.—Each update under this (B) by redesignating subparagraph (C) as acquisition program baseline.’’; and subsection shall set forth, for each current subparagraph (D); and (3) by amending subsection (c), as so redes- major acquisition program, the following: (C) by inserting after subparagraph (B) the ignated, to read as follows: ‘‘(A) The top five current risks to such pro- following: ‘‘(c) DEFINITIONS.—In this section— gram. ‘‘(C) at the discretion of the Secretary, ‘‘(1) the term ‘unfunded priority’ means a ‘‘(B) Any failure of such program to dem- while awaiting orders after being relieved program or mission requirement that— onstrate a key performance parameter or from the position, beginning on the day the ‘‘(A) has not been selected for funding in threshold during operational test and eval- officer is relieved from the position, but not the applicable proposed budget; uation conducted during the fiscal year quar- for more than 60 days; and’’. ‘‘(B) is necessary to fulfill a requirement ter preceding such update. SEC. 203. COAST GUARD REMISSION OF INDEBT- associated with an operational need; and ‘‘(C) Whether there has been any decision EDNESS. ‘‘(C) the Commandant would have rec- during such fiscal year quarter to order full- (a) EXPANSION OF AUTHORITY TO REMIT IN- ommended for inclusion in the applicable rate production before all key performance DEBTEDNESS.—Section 461 of title 14, United proposed budget had additional resources parameters or thresholds are met. States Code, is amended to read as follows: been available or had the requirement ‘‘(D) Whether there has been any breach of ‘‘§ 461. Remission of indebtedness emerged before the budget was submitted; major acquisition program cost (as defined ‘‘The Secretary may have remitted or can- and by the Major Systems Acquisition Manual) celled any part of a person’s indebtedness to ‘‘(2) the term ‘new capital asset’ means— during such fiscal year quarter. the United States or any instrumentality of ‘‘(A) an acquisition program that does not ‘‘(E) Whether there has been any breach of the United States if— have an approved acquisition program base- major acquisition program schedule (as so ‘‘(1) the indebtedness was incurred while line; or defined) during such fiscal year quarter.’’. the person served on active duty as a mem- ‘‘(B) the acquisition of a capital asset in SEC. 205. AUXILIARY JURISDICTION. ber of the Coast Guard; and excess of the number included in the ap- (a) IN GENERAL.—Section 822 of title 14, ‘‘(2) the Secretary determines that remit- proved acquisition program baseline.’’. United States Code, is amended— ting or cancelling the indebtedness is in the (c) DAYS AWAY FROM HOMEPORT.—Not later (1) by striking ‘‘The purpose’’ and inserting best interest of the United States.’’. than 1 year after the date of the enactment the following:

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‘‘(a) IN GENERAL.—The purpose’’; and (B) in paragraph (2)— ‘‘(B) not later than 7 days after the date a (2) by adding at the end the following: (i) by striking ‘‘analysis’’ each place it ap- proposal for an air facility is submitted pur- ‘‘(b) LIMITATION.—The Auxiliary may con- pears and inserting ‘‘written notification’’; suant to subparagraph (A), provide written duct a patrol of a waterway, or a portion (ii) by striking ‘‘subsection (a)’’ and insert- notice of such proposal to each of the fol- thereof, only if— ing ‘‘subsection (a)(3)(B)’’; lowing: ‘‘(1) the Commandant has determined such (iii) by striking ‘‘subsection (c)’’ each place ‘‘(i) Each member of the House of Rep- waterway, or portion thereof, is navigable it appears and inserting ‘‘that subsection’’; resentatives who represents a district in for purposes of the jurisdiction of the Coast and which the air facility is located. Guard; or (iv) by striking ‘‘under subsection (a)(5)’’; ‘‘(ii) Each member of the Senate who rep- ‘‘(2) a State or other proper authority has and resents a State in which the air facility is lo- requested such patrol pursuant to section 141 (C) in paragraph (3)— cated. of this title or section 13109 of title 46.’’. (i) by striking ‘‘in the analysis submitted ‘‘(iii) Each member of the House of Rep- (b) NOTIFICATION.—The Commandant of the under this section’’; resentatives who represents a district in Coast Guard shall— (ii) by striking ‘‘(a)(5)’’ and inserting ‘‘(a)’’; which assets of the air facility conduct (1) review the waterways patrolled by the (iii) by striking ‘‘then’’ and all that follows search and rescue operations. Coast Guard Auxiliary in the most recently through ‘‘(A)’’ and inserting ‘‘then’’; ‘‘(iv) Each member of the Senate who rep- completed fiscal year to determine whether (iv) by striking ‘‘; or’’ and inserting a pe- resents a State in which assets of the air fa- such waterways are eligible or ineligible for riod; and cility conduct search and rescue operations. patrol under section 822(b) of title 14, United (v) by striking subparagraph (B); and ‘‘(v) The Committee on Appropriations of States Code (as added by subsection (a)); and (6) in subsection (d) (as redesignated by the House of Representatives. (2) not later than 180 days after the date of paragraph (4) of this subsection) by striking ‘‘(vi) The Committee on Transportation the enactment of this Act, provide to the ‘‘in subsection (d)’’ and inserting ‘‘in sub- and Infrastructure of the House of Rep- Committee on Transportation and Infra- section (c)’’. resentatives. structure of the House of Representatives SEC. 208. AIR FACILITY CLOSURES. ‘‘(vii) The Committee on Appropriations of and the Committee on Commerce, Science, (a) IN GENERAL.—Chapter 17 of title 14, the Senate. and Transportation of the Senate a written United States Code, is amended by inserting ‘‘(viii) The Committee on Commerce, notification of— after section 676 the following: Science, and Transportation of the Senate. ‘‘(c) OPERATIONAL FLEXIBILITY.—The Sec- (A) any waterways determined ineligible ‘‘§ 676a. Air facility closures for patrol under paragraph (1); and retary may implement any reasonable man- ‘‘(a) PROHIBITION.— (B) the actions taken by the Commandant agement efficiencies within the air station ‘‘(1) IN GENERAL.—The Coast Guard may and air facility network, such as modifying to ensure Auxiliary patrols do not occur on not— such waterways. the operational posture of units or reallo- ‘‘(A) close a Coast Guard air facility that cating resources as necessary to ensure the SEC. 206. COAST GUARD COMMUNITIES. was in operation on November 30, 2014; or safety of the maritime public nationwide.’’. Section 409 of the Coast Guard Authoriza- ‘‘(B) retire, transfer, relocate, or deploy an (b) ROTARY WING STRATEGIC PLANS.— tion Act of 1998 (14 U.S.C. 639 note) is amend- aviation asset from an air facility described (1) IN GENERAL.—The Secretary of the de- ed in the second sentence by striking ‘‘90 in subparagraph (A) for the purpose of clos- partment in which the Coast Guard is oper- days’’ and inserting ‘‘30 days’’. ing such facility. ating shall prepare the plans specified in SEC. 207. POLAR ICEBREAKERS. ‘‘(2) SUNSET.—Paragraph (1) shall have no paragraph (2) to adequately address contin- (a) INCREMENTAL FUNDING AUTHORITY FOR force or effect beginning on the later of— gencies arising from potential future avia- POLAR ICEBREAKERS.—In fiscal year 2016 and ‘‘(A) January 1, 2018; or tion casualties or the planned or unplanned each fiscal year thereafter, the Commandant ‘‘(B) the date on which the Secretary sub- retirement of rotary wing airframes to avoid of the Coast Guard may enter into a contract mits to the Committee on Transportation to the greatest extent practicable any sub- or contracts for the acquisition of polar ice- and Infrastructure of the House of Rep- stantial gap or diminishment in Coast Guard breakers and associated equipment using in- resentatives, and to the Committee on Com- operational capabilities. cremental funding. merce, Science, and Transportation of the (2) ROTARY WING STRATEGIC PLANS.— (b) ‘‘POLAR SEA’’ MATERIEL CONDITION AS- Senate, rotary wing strategic plans prepared (A) ROTARY WING CONTINGENCY PLAN.—Not SESSMENT AND SERVICE LIFE EXTENSION.— in accordance with section 208(b) of the later than 1 year after the date of enactment Section 222 of the Coast Guard and Maritime Coast Guard Authorization Act of 2015. of this Act, the Secretary of the department Transportation Act of 2012 (Public Law 112– ‘‘(b) CLOSURES.— in which the Coast Guard is operating shall 213; 126 Stat. 1560) is amended— ‘‘(1) IN GENERAL.—Beginning on January 1, develop and submit to the Committee on (1) by amending subsection (a) to read as 2018, the Secretary may not close a Coast Transportation and Infrastructure of the follows: Guard air facility, except as specified by this House of Representatives and the Committee ‘‘(a) IN GENERAL.—Not later than 1 year section. on Commerce, Science, and Transportation after the date of the enactment of the Coast ‘‘(2) DETERMINATIONS.—The Secretary may of the Senate a contingency plan— Guard Authorization Act of 2015, the Sec- not propose closing or terminating oper- (i) to address the planned or unplanned retary of the department in which the Coast ations at a Coast Guard air facility unless losses of rotary wing airframes; Guard is operating shall— the Secretary determines that— (ii) to reallocate resources as necessary to ‘‘(1) complete a materiel condition assess- ‘‘(A) remaining search and rescue capabili- ensure the safety of the maritime public na- ment with respect to the Polar Sea; ties maintain the safety of the maritime tionwide; and ‘‘(2) make a determination of whether it is public in the area of the air facility; (iii) to ensure the operational posture of cost effective to reactivate the Polar Sea ‘‘(B) regional or local prevailing weather Coast Guard units. compared with other options to provide and marine conditions, including water tem- (B) ROTARY WING REPLACEMENT CAPITAL IN- icebreaking services as part of a strategy to peratures or unusual tide and current condi- VESTMENT PLAN.— maintain polar icebreaking services; and tions, do not require continued operation of (i) IN GENERAL.—Not later than 2 years ‘‘(3) submit to the Committee on Transpor- the air facility; and after the date of enactment of this Act, the tation and Infrastructure and the Committee ‘‘(C) Coast Guard search and rescue stand- Secretary of the department in which the on Science, Space, and Technology of the ards related to search and response times are Coast Guard is operating shall develop and House of Representatives and the Committee met. submit to the Committee on Transportation on Commerce, Science, and Transportation ‘‘(3) PUBLIC NOTICE AND COMMENT.—Prior to and Infrastructure of the House of Rep- of the Senate— closing an air facility, the Secretary shall resentatives and the Committee on Com- ‘‘(A) the assessment required under para- provide opportunities for public comment, merce, Science, and Transportation of the graph (1); and including the convening of public meetings Senate a capital investment plan for the ac- ‘‘(B) written notification of the determina- in communities in the area of responsibility quisition of new rotary wing airframes to re- tion required under paragraph (2).’’; of the air facility with regard to the pro- place the Coast Guard’s legacy helicopters (2) in subsection (b) by striking ‘‘analysis’’ posed closure or cessation of operations at and fulfil all existing mission requirements. and inserting ‘‘written notification’’; the air facility. (ii) REQUIREMENTS.—The plan developed (3) by striking subsection (c); ‘‘(4) NOTICE TO CONGRESS.—Prior to closure, under this subparagraph shall provide— (4) by redesignating subsections (d) cessation of operations, or any significant (I) a total estimated cost for completion; through (h) as subsections (c) through (g), re- reduction in personnel and use of a Coast (II) a timetable for completion of the ac- spectively; Guard air facility that is in operation on or quisition project and phased in transition to (5) in subsection (c) (as redesignated by after December 31, 2015, the Secretary shall— new airframes; and paragraph (4) of this section)— ‘‘(A) submit to the Congress a proposal for (III) projected annual funding levels for (A) in paragraph (1)— such closure, cessation, or reduction in oper- each fiscal year. (i) in subparagraph (A) by striking ‘‘based ations along with the budget of the Presi- (c) TECHNICAL AND CONFORMING AMEND- on the analysis required’’; and dent submitted to Congress under section MENTS.— (ii) in subparagraph (C) by striking ‘‘anal- 1105(a) of title 31 for the fiscal year in which (1) ANALYSIS FOR CHAPTER 17.—The analysis ysis’’ and inserting ‘‘written notification’’; the action will be carried out; and for chapter 17 of title 14, United States Code,

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.053 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8894 CONGRESSIONAL RECORD — SENATE December 18, 2015 is amended by inserting after the item relat- a process for the discontinuance of an aid to (1) offers a master’s degree in maritime op- ing to section 676 the following: navigation (other than a seasonal or tem- erations; ‘‘676a. Air facility closures.’’. porary aid) established, maintained, or oper- (2) is relevant to the professional develop- (2) REPEAL OF PROHIBITION.—Section 225 of ated by the Coast Guard. ment of such members and employees; the Howard Coble Coast Guard and Maritime (b) REQUIREMENT.—The process established (3) provides resident and distant education Transportation Act of 2014 (Public Law 113– under subsection (a) shall include procedures options, including the ability to utilize both 281; 128 Stat. 3022) is amended— to notify the public of any discontinuance of options; and (A) by striking subsection (b); and an aid to navigation described in that sub- (4) to the greatest extent practicable, is (B) by striking ‘‘(a) IN GENERAL.—’’. section. conducted using existing academic programs ONSULTATION SEC. 209. TECHNICAL CORRECTIONS TO TITLE 14, (c) C .—In establishing a proc- at an accredited public academic institution UNITED STATES CODE. ess under subsection (a), the Secretary shall that— Title 14, United States Code, as amended consult with and consider any recommenda- (A) is located near a significant number of by this Act, is further amended— tions of the Navigation Safety Advisory Coast Guard, maritime, and other Depart- (1) in the analysis for part I, by striking Council. ment of Homeland Security law enforcement the item relating to chapter 19 and inserting (d) NOTIFICATION.—Not later than 30 days personnel; and the following: after establishing a process under subsection (B) has an ability to simulate operations (a), the Secretary shall notify the Com- normally conducted at a command center. ‘‘19. Environmental Compliance and mittee on Transportation and Infrastructure ...... SEC. 214. PROFESSIONAL DEVELOPMENT. Restoration Program 690’’; of the House of Representatives and the (2) in section 46(a), by striking ‘‘sub- (a) MULTIRATER ASSESSMENT.— Committee on Commerce, Science, and section’’ and inserting ‘‘section’’; (1) IN GENERAL.—Chapter 11 of title 14, Transportation of the Senate of the process (3) in section 47, in the section heading by United States Code, is amended by inserting established. striking ‘‘commandant’’ and inserting ‘‘Com- after section 428 the following: mandant’’; SEC. 211. MISSION PERFORMANCE MEASURES. ‘‘§ 429. Multirater assessment of certain per- (4) in section 93(f), by striking paragraph Not later than 1 year after the date of the sonnel (2) and inserting the following: enactment of this Act, the Comptroller Gen- ‘‘(a) MULTIRATER ASSESSMENT OF CERTAIN ‘‘(2) LIMITATION.—The Commandant may eral of the United States shall submit to the PERSONNEL.— lease submerged lands and tidelands under Committee on Transportation and Infra- ‘‘(1) IN GENERAL.—Commencing not later paragraph (1) only if— structure and the Committee on Homeland than one year after the date of the enact- ‘‘(A) the lease is for cash exclusively; Security of the House of Representatives and ment of the Coast Guard Authorization Act ‘‘(B) the lease amount is equal to the fair the Committee on Commerce, Science, and of 2015, the Commandant of the Coast Guard market value of the use of the leased sub- Transportation of the Senate an assessment shall develop and implement a plan to con- merged lands or tidelands for the period dur- of the efficacy of the Coast Guard’s Standard duct every two years a multirater assess- ing which such lands are leased, as deter- Operational Planning Process with respect ment for each of the following: mined by the Commandant; to annual mission performance measures. ‘‘(A) Each flag officer of the Coast Guard. ‘‘(C) the lease does not provide authority SEC. 212. COMMUNICATIONS. ‘‘(B) Each member of the Senior Executive to or commit the Coast Guard to use or sup- (a) IN GENERAL.—If the Secretary of Home- Service of the Coast Guard. port any improvements to such submerged land Security determines that there are at ‘‘(C) Each officer of the Coast Guard nomi- lands and tidelands, or obtain goods and least two communications systems described nated for promotion to the grade of flag offi- services from the lessee; and under paragraph (1)(B) and certified under cer. ‘‘(D) proceeds from the lease are deposited paragraph (2), the Secretary shall establish ‘‘(2) POST-ASSESSMENT ELEMENTS.—Fol- in the Coast Guard Housing Fund established and carry out a pilot program across not less lowing an assessment of an individual pursu- under section 687.’’; than three components of the Department of ant to paragraph (1), the individual shall be (5) in the analysis for chapter 9, by strik- Homeland Security to assess the effective- provided appropriate post-assessment coun- ing the item relating to section 199 and in- ness of a communications system that— seling and leadership coaching. serting the following: (1) provides for— ‘‘(b) MULTIRATER ASSESSMENT DEFINED.—In ‘‘199. Marine safety curriculum.’’; (A) multiagency collaboration and inter- this section, the term ‘multirater assess- (6) in section 427(b)(2), by striking ‘‘this operability; and ment’ means a review that seeks opinion from members senior to the reviewee and the chapter’’ and inserting ‘‘chapter 61 of title (B) wide-area, secure, and peer-invitation- peers and subordinates of the reviewee.’’. 10’’; and-acceptance-based multimedia commu- (2) CLERICAL AMENDMENT.—The analysis at (7) in the analysis for chapter 15 before the nications; the beginning of such chapter is amended by item relating to section 571, by striking the (2) is certified by the Department of De- inserting after the item related to section following: fense Joint Interoperability Test Center; and (3) is composed of commercially available, 428 the following: ‘‘Sec.’’; off-the-shelf technology. ‘‘429. Multirater assessment of certain per- (8) in section 581(5)(B), by striking (b) ASSESSMENT.—Not later than 6 months sonnel.’’. ‘‘$300,000,0000,’’ and inserting ‘‘$300,000,000,’’; after the date on which the pilot program is (b) TRAINING COURSE ON WORKINGS OF CON- (9) in section 637(c)(3), in the matter pre- completed, the Secretary shall submit to the GRESS.— ceding subparagraph (A) by inserting ‘‘it is’’ Committee on Transportation and Infra- (1) IN GENERAL.—Chapter 3 of title 14, before ‘‘any’’; structure and the Committee on Homeland United States Code, is amended by adding at (10) in section 641(d)(3), by striking ‘‘Guard, Security of the House of Representatives and the end the following: installation’’ and inserting ‘‘Guard installa- the Committee on Commerce, Science, and ‘‘§ 60. Training course on workings of Con- tion’’; Transportation and the Committee Home- (11) in section 691(c)(3), by striking ‘‘state’’ gress land Security and Governmental Affairs of ‘‘(a) IN GENERAL.—Not later than 180 days and inserting ‘‘State’’; the Senate an assessment of the pilot pro- (12) in the analysis for chapter 21— after the date of the enactment of the Coast gram, including the impacts of the program Guard Authorization Act of 2015, the Com- (A) by striking the item relating to section with respect to interagency and Coast Guard 709 and inserting the following: mandant, in consultation with the Super- response capabilities. intendent of the Coast Guard Academy and ‘‘709. Reserve student aviation pilots; Re- (c) STRATEGY.—The pilot program shall be such other individuals and organizations as serve aviation pilots; appoint- consistent with the strategy required by the the Commandant considers appropriate, ments in commissioned grade.’’; Department of Homeland Security Interoper- shall develop a training course on the work- and able Communications Act (Public Law 114– ings of the Congress and offer that training (B) by striking the item relating to section 29). course at least once each year. 740 and inserting the following: (d) TIMING.—The pilot program shall com- ‘‘(b) COURSE SUBJECT MATTER.—The train- ‘‘740. Failure of selection and removal from mence within 90 days after the date of the ing course required by this section shall pro- an active status.’’; enactment of this Act or within 60 days after vide an overview and introduction to the (13) in section 742(c), by striking ‘‘sub- the completion of the strategy required by Congress and the Federal legislative process, section’’ and inserting ‘‘subsections’’; the Department of Homeland Security Inter- including— (14) in section 821(b)(1), by striking ‘‘Chap- operable Communications Act (Public Law ‘‘(1) the history and structure of the Con- ter 26’’ and inserting ‘‘Chapter 171’’; and 114–29), whichever is later. gress and the committee systems of the (15) in section 823a(b)(1), by striking SEC. 213. COAST GUARD GRADUATE MARITIME House of Representatives and the Senate, in- ‘‘Chapter 26’’ and inserting ‘‘Chapter 171’’. OPERATIONS EDUCATION. cluding the functions and responsibilities of SEC. 210. DISCONTINUANCE OF AN AID TO NAVI- Not later than 1 year after the date of the the Committee on Transportation and Infra- GATION. enactment of this Act, the Secretary of the structure of the House of Representatives (a) IN GENERAL.—Not later than 180 days department in which the Coast Guard is op- and the Committee on Commerce, Science, after the date of the enactment of this Act, erating shall establish an education pro- and Transportation of the Senate; the Secretary of the department in which gram, for members and employees of the ‘‘(2) the documents produced by the Con- the Coast Guard is operating shall establish Coast Guard, that— gress, including bills, resolutions, committee

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.053 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8895 reports, and conference reports, and the pur- (iv) members completing periodic (1) an assessment of the feasibility of pro- poses and functions of those documents; multirater assessments. viding members a monthly notification of ‘‘(3) the legislative processes and rules of (B) Such recommendations as the Com- their earnings, categorized by pay and allow- the House of Representatives and the Senate, mandant considers appropriate for the im- ance type; and including similarities and differences be- plementation or expansion of a multirater (2) a description and assessment of mecha- tween the two processes and rules, includ- assessment in the personnel development nisms that may be used to provide members ing— programs of the Coast Guard. with notification of their earnings, cat- ‘‘(A) the congressional budget process; (C) An overview of each of the current egorized by pay and allowance type. ‘‘(B) the congressional authorization and leadership development courses of the Coast SEC. 217. TRANSFER OF FUNDS NECESSARY TO appropriation processes; Guard, an assessment of the feasibility of the PROVIDE MEDICAL CARE. ‘‘(C) the Senate advice and consent process expansion of any such course, and a descrip- (a) TRANSFER REQUIRED.—In lieu of the re- for Presidential nominees; tion of the resources, if any, required to ex- imbursement required under section 1085 of ‘‘(D) the Senate advice and consent process pand such courses. title 10, United States Code, the Secretary of for treaty ratification; (D) An assessment on the state of leader- Homeland Security shall transfer to the Sec- ‘‘(4) the roles of Members of Congress and ship training in the Coast Guard, and rec- retary of Defense an amount that represents congressional staff in the legislative process; ommendations on the implementation of a the actuarial valuation of treatment or and policy to prevent leadership that has adverse care— ‘‘(5) the concept and underlying purposes of effects on subordinates, the organization, or (1) that the Department of Defense shall congressional oversight within our govern- mission performance, including— provide to members of the Coast Guard, ance framework of separation of powers. (i) a description of methods that will be former members of the Coast Guard, and de- ‘‘(c) LECTURERS AND PANELISTS.— used by the Coast Guard to identify, mon- pendents of such members and former mem- ‘‘(1) OUTSIDE EXPERTS.—The Commandant itor, and counsel individuals whose leader- bers (other than former members and de- shall ensure that not less than 60 percent of ship may have adverse effects on subordi- pendents of former members who are a Medi- the lecturers, panelists, and other individ- nates, the organization, or mission perform- care-eligible beneficiary or for whom the uals providing education and instruction as ance; payment for treatment or care is made from part of the training course required by this (ii) the implementation of leadership rec- the Medicare-Eligible Retiree Health Care section are experts on the Congress and the ognition training to recognize such leader- Fund) at facilities under the jurisdiction of Federal legislative process who are not em- ship in one’s self and others; the Department of Defense or a military de- ployed by the executive branch of the Fed- (iii) the establishment of procedures for partment; and eral Government. the administrative separation of leaders (2) for which a reimbursement would other- ‘‘(2) AUTHORITY TO ACCEPT PRO BONO SERV- whose leadership may have adverse effects wise be made under section 1085. ICES.—In satisfying the requirement under on subordinates, the organization, or mission (b) AMOUNT.—The amount transferred paragraph (1), the Commandant shall seek, performance; and under subsection (a) shall be— and may accept, educational and instruc- (iv) a description of the resources needed (1) in the case of treatment or care to be tional services of lecturers, panelists, and to implement this subsection. provided to members of the Coast Guard and other individuals and organizations provided SEC. 215. SENIOR ENLISTED MEMBER CONTINU- their dependents, derived from amounts ap- to the Coast Guard on a pro bono basis. ATION BOARDS. propriated for the operating expenses of the ‘‘(d) COMPLETION OF REQUIRED TRAINING.— (a) IN GENERAL.—Section 357 of title 14, Coast Guard; ‘‘(1) CURRENT FLAG OFFICERS AND EMPLOY- United States Code, is amended— (2) in the case of treatment or care to be EES.—A Coast Guard flag officer appointed or (1) by striking subsections (a) through (h) provided former members of the Coast Guard assigned to a billet in the National Capital and subsection (j); and and their dependents, derived from amounts Region on the date of the enactment of this (2) in subsection (i), by striking ‘‘(i)’’. appropriated for retired pay; section, and a Coast Guard Senior Executive (b) CONFORMING AND CLERICAL AMEND- (3) determined under procedures estab- Service employee employed in the National MENTS.— lished by the Secretary of Defense; Capital Region on the date of the enactment (1) HEADING AMENDMENT.—The heading of (4) transferred during the fiscal year in of this section, shall complete a training such section is amended to read as follows: which treatment or care is provided; and course that meets the requirements of this ‘‘§ 357. Retirement of enlisted members: in- (5) subject to adjustment or reconciliation section within 60 days after the date on crease in retired pay’’ as the Secretaries determine appropriate which the Commandant completes the devel- (2) CLERICAL AMENDMENT.—The analysis at during or promptly after such fiscal year in opment of the training course. the beginning of chapter 11 of such title is cases in which the amount transferred is de- ‘‘(2) NEW FLAG OFFICERS AND EMPLOYEES.— amended by striking the item relating to termined excessive or insufficient based on A Coast Guard flag officer who is newly ap- such section and inserting the following: the services actually provided. pointed or assigned to a billet in the Na- ‘‘357. Retirement of enlisted members: in- (c) NO TRANSFER WHEN SERVICE IN NAVY.— tional Capital Region, and a Coast Guard crease in retired pay.’’. No transfer shall be made under this section Senior Executive Service employee who is SEC. 216. COAST GUARD MEMBER PAY. for any period during which the Coast Guard newly employed in the National Capital Re- operates as a service in the Navy. (a) ANNUAL AUDIT OF PAY AND ALLOWANCES gion, shall complete a training course that (d) RELATIONSHIP TO TRICARE.—This sec- OF MEMBERS UNDERGOING PERMANENT meets the requirements of this section not tion shall not be construed to require a pay- CHANGE OF STATION.— later than 60 days after reporting for duty.’’. ment for, or the transfer of an amount that (2) CLERICAL AMENDMENT.—The analysis at (1) IN GENERAL.—Chapter 13 of title 14, United States Code, is amended by adding at represents the value of, treatment or care the beginning of such chapter is amended by provided under any TRICARE program. adding at the end the following: the end the following: ‘‘§ 519. Annual audit of pay and allowances of SEC. 218. PARTICIPATION OF THE COAST GUARD ‘‘60. Training course on workings of Con- ACADEMY IN FEDERAL, STATE, OR gress.’’. members undergoing permanent change of OTHER EDUCATIONAL RESEARCH (c) REPORT ON LEADERSHIP DEVELOPMENT.— station GRANTS. (1) IN GENERAL.—Not later than 180 days ‘‘The Commandant shall conduct each cal- Section 196 of title 14, United States Code, after the date of the enactment of this Act, endar year an audit of member pay and al- is amended— the Commandant of the Coast Guard shall lowances for the members who transferred to (1) by inserting ‘‘(a) IN GENERAL.—’’ before submit to the Committee on Commerce, new units during such calendar year. The the first sentence; and Science, and Transportation of the Senate audit for a calendar year shall be completed (2) by adding at the end the following: and the Committee on Transportation and by the end of the calendar year.’’. ‘‘(b) QUALIFIED ORGANIZATIONS.— Infrastructure of the House of Representa- (2) CLERICAL AMENDMENT.—The analysis at ‘‘(1) IN GENERAL.—The Commandant of the tives a report on Coast Guard leadership de- the beginning of such chapter is amended by Coast Guard may— velopment. adding at the end the following: ‘‘(A) enter into a contract, cooperative (2) CONTENTS.—The report shall include the ‘‘519. Annual audit of pay and allowances of agreement, lease, or licensing agreement following: members undergoing perma- with a qualified organization; (A) An assessment of the feasibility of— nent change of station.’’. ‘‘(B) allow a qualified organization to use, (i) all officers (other than officers covered (b) REPORT.—Not later than 180 days after at no cost, personal property of the Coast by section 429(a) of title 14, United States the date of the enactment of this Act, the Guard; and Code, as amended by this section) com- Commandant of the Coast Guard shall sub- ‘‘(C) notwithstanding section 93, accept pleting a multirater assessment; mit to the Committee on Commerce, funds, supplies, and services from a qualified (ii) all members (other than officers cov- Science, and Transportation of the Senate organization. ered by such section) in command positions and the Committee on Transportation and ‘‘(2) SOLE-SOURCE BASIS.—Notwithstanding completing a multirater assessment; Infrastructure of the House of Representa- chapter 65 of title 31 and chapter 137 of title (iii) all enlisted members in a supervisory tives a report on alternative methods for no- 10, the Commandant may enter into a con- position completing a multirater assess- tifying members of the Coast Guard of their tract or cooperative agreement under para- ment; and monthly earnings. The report shall include— graph (1)(A) on a sole-source basis.

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‘‘(3) MAINTAINING FAIRNESS, OBJECTIVITY, Coast Guard is a combat-related disability that no part of an individual is immersed in AND INTEGRITY.—The Commandant shall en- for purposes of determining the eligibility of water, if— sure that contributions under this sub- such member for combat-related special ‘‘(1) such vessel is built or undergoes a section do not— compensation under such section. major conversion after January 1, 2016; and ‘‘(A) reflect unfavorably on the ability of (2) DISABILITY FOR WHICH A DETERMINATION ‘‘(2) operates in cold waters as determined the Coast Guard, any of its employees, or IS MADE.—For the purposes of this section, by the Secretary. any member of the armed forces to carry out and in the case of a member of the Coast ‘‘(b) HIGHER STANDARD OF SAFETY.—The any responsibility or duty in a fair and ob- Guard, a disability under section Secretary may revise part 117 or part 180 of jective manner; or 1413a(e)(2)(B) of title 10, United States Code, title 46, Code of Federal Regulations, as in ‘‘(B) compromise the integrity or appear- includes a disability incurred during avia- effect before January 1, 2016, if such revision ance of integrity of any program of the Coast tion duty, diving duty, rescue swimmer or provides a higher standard of safety than is Guard, or any individual involved in such a similar duty, and hazardous service duty on- provided by the regulations in effect on or program. board a small vessel (such as duty as a before the date of the enactment of the Coast ‘‘(4) LIMITATION.—For purposes of this sub- surfman)— Guard Authorization Act of 2015. section, employees or personnel of a quali- (A) in the performance of duties for which ‘‘(c) INNOVATIVE AND NOVEL DESIGNS.—The fied organization shall not be employees of special or incentive pay was paid pursuant to Secretary may, in lieu of the requirements the United States. section 301, 301a, 304, 307, 334, or 351 of title set out in part 117 or part 180 of title 46, Code ‘‘(5) QUALIFIED ORGANIZATION DEFINED.—In 37, United States Code; of Federal Regulations, as in effect on the this subsection the term ‘qualified organiza- (B) in the performance of duties related to date of the enactment of the Coast Guard tion’ means an organization— a statutory mission of the Coast Guard under Authorization Act of 2015, allow a passenger ‘‘(A) described under section 501(c)(3) of the paragraph (1) or paragraph (2) of section vessel to be equipped with a life-saving appli- Internal Revenue Code of 1986 and exempt 888(a) of the Homeland Security Act of 2002 (6 ance or arrangement of an innovative or from taxation under section 501(a) of that U.S.C. 468(a)), including— novel design that— Code; and (i) law enforcement, including drug or mi- ‘‘(1) ensures no part of an individual is im- ‘‘(B) established by the Coast Guard Acad- grant interdiction; mersed in water; and emy Alumni Association solely for the pur- (ii) defense readiness; or ‘‘(2) provides an equal or higher standard of pose of supporting academic research and ap- (iii) search and rescue; or safety than is provided by such requirements plying for and administering Federal, State, (C) while engaged in a training exercise for as in effect before such date of the enact- or other educational research grants on be- the performance of a duty described in sub- ment. half of the Coast Guard Academy.’’. paragraphs (A) and (B). ‘‘(d) BUILT DEFINED.—In this section, the SEC. 219. NATIONAL COAST GUARD MUSEUM. (b) APPLICABILITY OF PROCEDURES AND CRI- term ‘built’ has the meaning that term has Section 98(b) of title 14, United States TERIA.—The procedures and criteria issued under section 4503(e).’’. Code, is amended— pursuant to subsection (a) shall apply to dis- (b) REVIEW; REVISION OF REGULATIONS.— (1) in paragraph (1), by striking ‘‘any ap- abilities described in that subsection that (1) REVIEW.—Not later than December 31, propriated Federal funds for’’ and insert are incurred on or after the effective date 2016, the Secretary of the department in ‘‘any funds appropriated to the Coast Guard provided in section 636(a)(2) of the Bob which the Coast Guard is operating shall on’’; and Stump National Defense Authorization Act submit to the Committee on Transportation (2) in paragraph (2), by striking ‘‘arti- for Fiscal Year 2003 (Public Law 107–314; 116 and Infrastructure of the House of Rep- facts.’’ and inserting ‘‘artifacts, including Stat. 2574; 10 U.S.C. 1413a note). resentatives and the Committee on Com- the design, fabrication, and installation of (c) REAPPLICATION FOR COMPENSATION.— merce, Science, and Transportation of the exhibits or displays in which such artifacts Any member of the Coast Guard who was de- Senate a review of— are included.’’. nied combat-related special compensation (A) the number of casualties for individ- SEC. 220. INVESTIGATIONS. under section 1413a of title 10, United States uals with disabilities, children, and the el- (a) IN GENERAL.—Chapter 11 of title 14, Code, during the period beginning on the ef- derly as a result of immersion in water, re- United States Code, is further amended by fective date specified in subsection (b) and ported to the Coast Guard over the preceding adding at the end the following: ending on the date of the issuance of the pro- 30-year period, by vessel type and area of op- cedures and criteria required by subsection ‘‘§ 430. Investigations of flag officers and Sen- eration; (a) may reapply for combat-related special ior Executive Service employees (B) the risks to individuals with disabil- compensation under such section on the ‘‘In conducting an investigation into an al- ities, children, and the elderly as a result of basis of such procedures and criteria in ac- immersion in water, by passenger vessel type legation of misconduct by a flag officer or cordance with such procedures as the Sec- member of the Senior Executive Service and area of operation; retary of the department in which the Coast (C) the effect that carriage of survival serving in the Coast Guard, the Inspector Guard is operating shall specify. General of the Department of Homeland Se- craft that ensure that no part of an indi- SEC. 222. LEAVE POLICIES FOR THE COAST vidual is immersed in water has on— curity shall— GUARD. ‘‘(1) conduct the investigation in a manner (i) passenger vessel safety, including sta- (a) IN GENERAL.—Chapter 11 of title 14, consistent with Department of Defense poli- bility and safe navigation; United States Code, is further amended by (ii) improving the survivability of individ- cies for such an investigation; and inserting after section 430 the following: ‘‘(2) consult with the Inspector General of uals, including individuals with disabilities, the Department of Defense.’’. ‘‘§ 431. Leave policies for the Coast Guard children, and the elderly; and (b) CLERICAL AMENDMENT.—The analysis at ‘‘Not later than 1 year after the date on (iii) the costs, the incremental cost dif- the beginning of such chapter is further which the Secretary of the Navy promul- ference to vessel operators, and the cost ef- amended by inserting after the item related gates a new rule, policy, or memorandum fectiveness of requiring the carriage of such to section 429 the following: pursuant to section 704 of title 10, United survival craft to address the risks to individ- ‘‘430. Investigations of flag officers and Sen- States Code, with respect to leave associated uals with disabilities, children, and the el- ior Executive Service employ- with the birth or adoption of a child, the derly; ees.’’. Secretary of the department in which the (D) the efficacy of alternative safety sys- SEC. 221. CLARIFICATION OF ELIGIBILITY OF Coast Guard is operating shall promulgate a tems, devices, or measures in improving sur- MEMBERS OF THE COAST GUARD similar rule, policy, or memorandum that vivability of individuals with disabilities, FOR COMBAT-RELATED SPECIAL provides leave to officers and enlisted mem- children, and the elderly; and COMPENSATION. bers of the Coast Guard that is equal in dura- (E) the number of small businesses and (a) CONSIDERATION OF ELIGIBILITY.— tion and compensation to that provided by nonprofit vessel operators that would be af- (1) IN GENERAL.—Not later than 90 days the Secretary of the Navy.’’. fected by requiring the carriage of such sur- after the date of the enactment of this Act, (b) CLERICAL AMENDMENT.—The analysis at vival craft on passenger vessels to address the Secretary of the department is which the the beginning of such chapter is further the risks to individuals with disabilities, Coast Guard is operating shall issue proce- amended by inserting after the item related children, and the elderly. dures and criteria to use in determining to section 430 the following: (2) SCOPE.—In conducting the review under whether the disability of a member of the ‘‘431. Leave policies for the Coast Guard.’’. paragraph (1), the Secretary shall include an Coast Guard is a combat-related disability TITLE III—SHIPPING AND NAVIGATION examination of passenger vessel casualties for purposes of the eligibility of such mem- that have occurred in the waters of other na- ber for combat-related special compensation SEC. 301. SURVIVAL CRAFT. tions. (a) IN GENERAL.—Section 3104 of title 46, under section 1413a of title 10, United States (3) UPDATES.—The Secretary shall update Code. Such procedures and criteria shall in- United States Code, is amended to read as the review required under paragraph (1) clude the procedures and criteria prescribed follows: every 5 years. by the Secretary of Defense pursuant to sub- ‘‘§ 3104. Survival craft (4) REVISION.—Based on the review con- section (e)(2) of such section. Such proce- ‘‘(a) REQUIREMENT TO EQUIP.—The Sec- ducted under paragraph (1), including up- dures and criteria shall apply in determining retary shall require that a passenger vessel dates thereto, the Secretary shall revise reg- whether the disability of a member of the be equipped with survival craft that ensures ulations concerning the carriage of survival

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craft under section 3104(c) of title 46, United SEL CONSTRUCTION PROGRAM.—Section iner medical certificates, and radar observer States Code. 302(b)(2) of the Fisheries Financing Act (title endorsements for all individuals by not later (c) GAO STUDY.— III of Public Law 104–297; 46 U.S.C. 53706 note) than 6 years after the date of the enactment (1) IN GENERAL.—Not later than 5 years is amended— of this Act. after the date of enactment of this Act, the (1) in the second sentence— (c) EXCEPTION.—The process established Comptroller General of the United States (A) by striking ‘‘or in’’ and inserting ‘‘, under subsection (a) does not apply to indi- shall complete and submit to the Committee in’’; and viduals— on Transportation and Infrastructure of the (B) by inserting before the period the fol- (1) holding a merchant mariner credential House of Representatives and the Committee lowing: ‘‘, in fisheries that are under the ju- with— on Commerce, Science, and Transportation risdiction of the North Pacific Fishery Man- (A) an active Standards of Training, Cer- of the Senate a report to determine any ad- agement Council and managed under a fish- tification, and Watchkeeping endorsement; verse or positive changes in public safety ery management plan issued under the Mag- or after the implementation of the amendments nuson-Stevens Fishery Conservation and (B) Federal first-class pilot endorsement; and requirements under this section and sec- Management Act (16 U.S.C. 1801 et seq.), or or tion 3104 of title 46, United States Code. in the Pacific whiting fishery that is under (2) who have been issued a time-restricted (2) REQUIREMENTS.—In completing the re- the jurisdiction of the Pacific Fishery Man- medical certificate. port under paragraph (1), the Comptroller agement Council and managed under a fish- SEC. 305. SAFETY ZONES FOR PERMITTED MA- General shall examine— ery management plan issued under that RINE EVENTS. (A) the number of casualties, by vessel Act’’; and Not later than 6 months after the date of type and area of operation, as the result of (2) by adding at the end the following: the enactment of this Act, the Secretary of immersion in water reported to the Coast ‘‘Any fishing vessel operated in fisheries the department in which the Coast Guard is Guard for each of the 10 most recent fiscal under the jurisdiction of the North Pacific operating shall establish and implement a years for which such data are available; Fishery Management Council and managed process to— (B) data for each fiscal year on— under a fishery management plan issued (1) account for the number of safety zones (i) vessel safety, including stability and under the Magnuson-Stevens Fishery Con- established for permitted marine events; safe navigation; and servation and Management Act (16 U.S.C. (2) differentiate whether the event sponsor (ii) survivability of individuals, including 1801 et seq.), or in the Pacific whiting fishery who requested a permit for such an event individuals with disabilities, children, and under the jurisdiction of the Pacific Fishery is— the elderly; Management Council and managed under a (A) an individual; (C) the efficacy of alternative safety sys- fishery management plan issued under that (B) an organization; or tems, devices, or measures; and Act, and that is replaced by a vessel that is (C) a government entity; and (D) any available data on the costs of the constructed or rebuilt with a loan or loan (3) account for Coast Guard resources uti- amendments and requirements under this guarantee provided by the Federal Govern- lized to enforce safety zones established for section and section 3104 of title 46, United ment may not be used to harvest fish in any permitted marine events, including for— States Code. fishery under the jurisdiction of any regional (A) the number of Coast Guard or Coast SEC. 302. VESSEL REPLACEMENT. fishery management council, other than a Guard Auxiliary vessels used; and (a) LOANS AND GUARANTEES.—Chapter 537 fishery under the jurisdiction of the North (B) the number of Coast Guard or Coast of title 46, United States Code, is amended— Pacific Fishery Management Council or the Guard Auxiliary patrol hours required. (1) in section 53701— Pacific Fishery Management Council.’’. SEC. 306. TECHNICAL CORRECTIONS. (A) by redesignating paragraphs (8) SEC. 303. MODEL YEARS FOR RECREATIONAL (a) TITLE 46.—Title 46, United States Code, through (14) as paragraphs (9) through (15), VESSELS. is amended— respectively; and (a) IN GENERAL.—Section 4302 of title 46, (1) in section 103, by striking ‘‘(33 U.S.C. (B) by inserting after paragraph (7) the fol- United States Code is amended by adding at 151).’’ and inserting ‘‘(33 U.S.C. 151(b)).’’; lowing: the end the following: (2) in section 2118— ‘‘(8) HISTORICAL USES.—The term ‘histor- ‘‘(e)(1) Under this section, a model year for (A) in subsection (a), in the matter pre- ical uses’ includes— recreational vessels and associated equip- ceding paragraph (1), by striking ‘‘title,’’ and ‘‘(A) refurbishing, repairing, rebuilding, or ment shall, except as provided in paragraph inserting ‘‘subtitle,’’; and replacing equipment on a fishing vessel, (2)— (B) in subsection (b), by striking ‘‘title’’ without materially increasing harvesting ca- ‘‘(A) begin on June 1 of a year and end on and inserting ‘‘subtitle’’; pacity; July 31 of the following year; and (3) in the analysis for chapter 35— ‘‘(B) purchasing a used fishing vessel; ‘‘(B) be designated by the year in which it (A) by adding a period at the end of the ‘‘(C) purchasing, constructing, expanding, ends. item relating to section 3507; and or reconditioning a fishery facility; ‘‘(2) Upon the request of a recreational ves- (B) by adding a period at the end of the ‘‘(D) refinancing existing debt; sel manufacturer to which this chapter ap- item relating to section 3508; ‘‘(E) reducing fishing capacity; and plies, the Secretary may alter a model year (4) in section 3715(a)(2), by striking ‘‘; and’’ ‘‘(F) making upgrades to a fishing vessel, for a model of recreational vessel of the and inserting a semicolon; including upgrades in technology, gear, or manufacturer and associated equipment, by (5) in section 4506, by striking ‘‘(a)’’; equipment, that improve— no more than 6 months from the model year (6) in section 8103(b)(1)(A)(iii), by striking ‘‘(i) collection and reporting of fishery-de- described in paragraph (1).’’. ‘‘Academy.’’ and inserting ‘‘Academy; and’’; pendent data; (b) APPLICATION.—This section shall only (7) in section 11113(c)(1)(A)(i), by striking ‘‘(ii) bycatch reduction or avoidance; apply with respect to recreational vessels ‘‘under this Act’’; ‘‘(iii) gear selectivity; and associated equipment constructed or (8) in the analysis for chapter 701— ‘‘(iv) adverse impacts caused by fishing manufactured, respectively, on or after the (A) by adding a period at the end of the gear; or date of enactment of this Act. item relating to section 70107A; ‘‘(v) safety.’’; and SEC. 304. MERCHANT MARINER CREDENTIAL EX- (B) in the item relating to section 70112, by (2) in section 53702(b), by adding at the end PIRATION HARMONIZATION. striking ‘‘security advisory committees.’’ the following: (a) IN GENERAL.—Except as provided in and inserting ‘‘Security Advisory Commit- ‘‘(3) MINIMUM OBLIGATIONS AVAILABLE FOR subsection (c) and not later than 1 year after tees.’’; and HISTORIC USES.—Of the direct loan obliga- the date of the enactment of this Act, the (C) in the item relating to section 70122, by tions issued by the Secretary under this Secretary of the department in which the striking ‘‘watch program.’’ and inserting chapter, the Secretary shall make a min- Coast Guard is operating shall establish a ‘‘Watch Program.’’; imum of $59,000,000 available each fiscal year process to harmonize the expiration dates of (9) in section 70105(c)— for historic uses. merchant mariner credentials, mariner med- (A) in paragraph (1)(B)(xv)— ‘‘(4) USE OF OBLIGATIONS IN LIMITED ACCESS ical certificates, and radar observer endorse- (i) by striking ‘‘18, popularly’’ and insert- FISHERIES.—In addition to the other eligible ments for individuals applying to the Sec- ing ‘‘18 (popularly’’; and purposes and uses of direct loan obligations retary for a new merchant mariner creden- (ii) by striking ‘‘Act’’ and inserting provided for in this chapter, the Secretary tial or for renewal of an existing merchant ‘‘Act)’’; and may issue direct loan obligations for the pur- mariner credential. (B) in paragraph (2), by striking ‘‘(D) para- pose of— (b) REQUIREMENTS.—The Secretary shall graph’’ and inserting ‘‘(D) of paragraph’’; ‘‘(A) financing the construction or recon- ensure that the process established under (10) in section 70107— struction of a fishing vessel in a fishery man- subsection (a)— (A) in subsection (b)(2), by striking aged under a limited access system; or (1) does not require an individual to renew ‘‘5121(j)(8)),’’ and inserting ‘‘5196(j)(8)),’’; and ‘‘(B) financing the purchase of harvesting a merchant mariner credential earlier than (B) in subsection (m)(3)(C)(iii), by striking rights in a fishery that is federally managed the date on which the individual’s current ‘‘that is’’ and inserting ‘‘that the applicant’’; under a limited access system.’’. credential expires; and (11) in section 70122, in the section heading, (b) LIMITATION ON APPLICATION TO CERTAIN (2) results in harmonization of expiration by striking ‘‘watch program’’ and inserting FISHING VESSELS OF PROHIBITION UNDER VES- dates for merchant mariner credentials, mar- ‘‘Watch Program’’; and

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.053 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8898 CONGRESSIONAL RECORD — SENATE December 18, 2015 (12) in the analysis for chapter 705, by add- (C) by striking section 11 (33 U.S.C. 535h). ‘‘7509. Medical certification by trusted ing a period at the end of the item relating SEC. 307. RECOMMENDATIONS FOR IMPROVE- agents.’’. to section 70508. MENTS OF MARINE CASUALTY RE- SEC. 310. ATLANTIC COAST PORT ACCESS ROUTE (b) GENERAL BRIDGE STATUTES.— PORTING. STUDY. (1) ACT OF MARCH 3, 1899.—The Act of March Not later than 180 days after the date of (a) ATLANTIC COAST PORT ACCESS ROUTE 3, 1899, popularly known as the Rivers and the enactment of this Act, the Commandant STUDY.—Not later than April 1, 2016, the Harbors Appropriations Act of 1899, is of the Coast Guard shall notify the Com- Commandant of the Coast Guard shall con- amended— mittee on Transportation and Infrastructure clude the Atlantic Coast Port Access Route (A) in section 9 (33 U.S.C. 401), by striking of the House of Representatives and the Study and submit the results of such study ‘‘Secretary of Transportation’’ each place it Committee on Commerce, Science, and to the Committee on Transportation and In- appears and inserting ‘‘Secretary of the de- Transportation of the Senate of the actions frastructure of the House of Representatives partment in which the Coast Guard is oper- the Commandant will take to implement and the Committee on Commerce, Science, ating’’; and recommendations on improvements to the and Transportation of the Senate. (B) in section 18 (33 U.S.C. 502), by striking Coast Guard’s marine casualty reporting re- (b) NANTUCKET SOUND.—Not later than De- ‘‘Secretary of Transportation’’ each place it quirements and procedures included in— cember 1, 2016, the Commandant of the Coast appears and inserting ‘‘Secretary of the de- (1) the Department of Homeland Security Guard shall complete and submit to the partment in which the Coast Guard is oper- Office of Inspector General report entitled Committee on Transportation and Infra- ating’’. ‘‘Marine Accident Reporting, Investigations, structure of the House of Representatives (2) ACT OF MARCH 23, 1906.—The Act of March and Enforcement in the United States Coast and the Committee on Commerce, Science, 23, 1906, popularly known as the Bridge Act Guard’’, released on May 23, 2013; and and Transportation of the Senate a port ac- cess route study of Nantucket Sound using of 1906, is amended— (2) the Towing Safety Advisory Committee the standards and methodology of the Atlan- (A) in the first section (33 U.S.C. 491), by report entitled ‘‘Recommendations for Im- tic Coast Port Access Route Study, to deter- striking ‘‘Secretary of Transportation’’ and provement of Marine Casualty Reporting’’, mine whether the Coast Guard should revise inserting ‘‘Secretary of the department in released on March 26, 2015. which the Coast Guard is operating’’; existing regulations to improve navigation SEC. 308. RECREATIONAL VESSEL ENGINE (B) in section 4 (33 U.S.C. 494), by striking safety in Nantucket Sound due to factors WEIGHTS. such as increased vessel traffic, changing ‘‘Secretary of Homeland Security’’ each Not later than 180 days after the date of place it appears and inserting ‘‘Secretary of vessel traffic patterns, weather conditions, the enactment of this Act, the Secretary of or navigational difficulty in the vicinity. the department in which the Coast Guard is the department in which the Coast Guard is operating’’; and SEC. 311. CERTIFICATES OF DOCUMENTATION operating shall issue regulations amending FOR RECREATIONAL VESSELS. (C) in section 5 (33 U.S.C. 495), by striking table 4 to subpart H of part 183 of title 33, ‘‘Secretary of Transportation’’ each place it Not later than one year after the date of Code of Federal Regulations (relating to the enactment of this Act, the Secretary of appears and inserting ‘‘Secretary of the de- Weights (Pounds) of Outboard Motor and Re- partment in which the Coast Guard is oper- the department in which the Coast Guard is lated Equipment for Various Boat Horse- operating shall issue regulations that— ating’’. power Ratings) as appropriate to reflect (3) ACT OF AUGUST 18, 1894.—Section 5 of the (1) make certificates of documentation for ‘‘Standard 30–Outboard Engine and Related Act entitled ‘‘An Act making appropriations recreational vessels effective for 5 years; and Equipment Weights’’ published by the Amer- for the construction, repair, and preserva- (2) require the owner of such a vessel— ican Boat and Yacht Council, as in effect on tion of certain public works on rivers and (A) to notify the Coast Guard of each the date of the enactment of this Act. harbors, and for other purposes’’, approved change in the information on which the August 18, 1894 (33 U.S.C. 499) is amended by SEC. 309. MERCHANT MARINER MEDICAL CER- issuance of the certificate of documentation striking ‘‘Secretary of Transportation’’ each TIFICATION REFORM. is based, that occurs before the expiration of place it appears and inserting ‘‘Secretary of (a) IN GENERAL.—Chapter 75 of title 46, the certificate; and the department in which the Coast Guard is United States Code, is amended by adding at (B) apply for a new certificate of docu- operating’’. the end the following: mentation for such a vessel if there is any (4) ACT OF JUNE 21, 1940.—The Act of June 21, ‘‘§ 7509. Medical certification by trusted such change. 1940, popularly known as the Truman-Hobbs agents SEC. 312. PROGRAM GUIDELINES. Act, is amended— ‘‘(a) IN GENERAL.—Notwithstanding any Not later than 180 days after the date of (A) in section 1 (33 U.S.C. 511), by striking other provision of law and pursuant to regu- the enactment this Act, the Secretary of ‘‘Secretary of Transportation’’ and inserting lations prescribed by the Secretary, a trust- Transportation shall— ‘‘Secretary of the department in which the ed agent may issue a medical certificate to (1) develop guidelines to implement the Coast Guard is operating’’; an individual who— program authorized under section 304(a) of (B) in section 4 (33 U.S.C. 514), by striking ‘‘(1) must hold such certificate to qualify the Coast Guard and Maritime Transpor- ‘‘Secretary of Transportation’’ and inserting for a license, certificate of registry, or mer- tation Act of 2006 (Public Law 109–241), in- ‘‘Secretary of the department in which the chant mariner’s document, or endorsement cluding specific actions to ensure the future Coast Guard is operating’’; thereto under this part; and availability of able and credentialed United (C) in section 7 (33 U.S.C. 517), by striking ‘‘(2) is qualified as to sight, hearing, and States licensed and unlicensed seafarers in- ‘‘Secretary of Transportation’’ each place it physical condition to perform the duties of cluding— appears and inserting ‘‘Secretary of the de- such license, certificate, document, or en- (A) incentives to encourage partnership partment in which the Coast Guard is oper- dorsement, as determined by the trusted agreements with operators of foreign-flag ating’’; and agent. vessels that carry liquified natural gas, that (D) in section 13 (33 U.S.C. 523), by striking ‘‘(b) PROCESS FOR ISSUANCE OF CERTIFI- provide no less than one training billet per ‘‘Secretary of Transportation’’ and inserting CATES BY SECRETARY.—A final rule imple- vessel for United States merchant mariners ‘‘Secretary of the department in which the menting this section shall include a process in order to meet minimum mandatory sea Coast Guard is operating’’. for— service requirements; (5) GENERAL BRIDGE ACT OF 1946.—The Gen- ‘‘(1) the Secretary of the department in (B) development of appropriate training eral Bridge Act of 1946 is amended— which the Coast Guard is operating to issue curricula for use by public and private mari- (A) in section 502(b) (33 U.S.C. 525(b)), by medical certificates to mariners who submit time training institutions to meet all United striking ‘‘Secretary of Transportation’’ and applications for such certificates to the Sec- States merchant mariner license, certifi- inserting ‘‘Secretary of the department in retary; and cation, and document laws and requirements which the Coast Guard is operating’’; and ‘‘(2) a trusted agent to defer to the Sec- under the International Convention on (B) in section 510 (33 U.S.C. 533), by strik- retary the issuance of a medical certificate. Standards of Training, Certification and ing ‘‘Secretary of Transportation’’ each ‘‘(c) TRUSTED AGENT DEFINED.—In this sec- Watchkeeping for Seafarers, 1978; and place it appears and inserting ‘‘Secretary of tion the term ‘trusted agent’ means a med- (C) steps to promote greater outreach and the department in which the Coast Guard is ical practitioner certified by the Secretary awareness of additional job opportunities for operating’’. to perform physical examinations of an indi- sea service veterans of the United States (6) INTERNATIONAL BRIDGE ACT OF 1972.—The vidual for purposes of a license, certificate of Armed Forces; and International Bridge Act of 1972 is amend- registry, or merchant mariner’s document (2) submit such guidelines to the Com- ed— under this part.’’. mittee Transportation and Infrastructure of (A) in section 5 (33 U.S.C. 535c), by striking (b) DEADLINE.—Not later than 5 years after the House of Representatives and the Com- ‘‘Secretary of Transportation’’ and inserting the date of the enactment of this Act, the mittee on Commerce, Science, and Transpor- ‘‘Secretary of the department in which the Secretary of the department in which the tation of the Senate. Coast Guard is operating’’; Coast Guard is operating shall issue a final SEC. 313. REPEALS. (B) in section 8 (33 U.S.C. 535e), by striking rule implementing section 7509 of title 46, (a) REPEALS, MERCHANT MARINE ACT, ‘‘Secretary of Transportation’’ each place it United States Code, as added by this section. 1936.—Sections 601 through 606, 608 through appears and inserting ‘‘Secretary of the de- (c) CLERICAL AMENDMENT.—The analysis 611, 613 through 616, 802, and 809 of the Mer- partment in which the Coast Guard is oper- for such chapter is amended by adding at the chant Marine Act, 1936 (46 U.S.C. 53101 note) ating’’; and end the following: are repealed.

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(b) CONFORMING AMENDMENTS.—Chapter 575 (1) The heading of section 70503 of title 46, ‘‘(4) BASELINE REVIEW.— of title 46, United States Code, is amended— United States Code, is amended to read as ‘‘(A) IN GENERAL.—Within 1 year after the (1) in section 57501, by striking ‘‘titles V follows: date of the enactment of the Coast Guard and VI’’ and inserting ‘‘title V’’; and ‘‘§ 70503. Prohibited acts’’ Authorization Act of 2015, the Secretary (2) in section 57531(a), by striking ‘‘titles V shall convene the working group to complete (2) The analysis for chapter 705 of title 46, and VI’’ and inserting ‘‘title V’’. a baseline review of the Coast Guard’s Mer- United States Code, is further amended by (c) TRANSFER FROM MERCHANT MARINE chant Mariner Credentialing Examination, striking the item relating to section 70503 ACT, 1936.— including review of— and inserting the following: (1) IN GENERAL.—Section 801 of the Mer- ‘‘(i) the accuracy of examination questions; chant Marine Act, 1936 (46 U.S.C. 53101 note) ‘‘70503. Prohibited acts.’’. ‘‘(ii) the accuracy and availability of ex- is— SEC. 315. EXAMINATIONS FOR MERCHANT MAR- amination references; (A) redesignated as section 57522 of title 46, INER CREDENTIALS. ‘‘(iii) the length of merchant mariner ex- United States Code, and transferred to ap- (a) DISCLOSURE.— aminations; and pear after section 57521 of such title; and (1) IN GENERAL.—Chapter 75 of title 46, ‘‘(iv) the use of standard technologies in (B) as so redesignated and transferred, is United States Code, is further amended by administering, scoring, and analyzing the ex- amended— adding at the end the following: aminations. (i) by striking so much as precedes the ‘‘§ 7510. Examinations for merchant mariner ‘‘(B) PROGRESS REPORT.—The Coast Guard first sentence and inserting the following: credentials shall provide a progress report to the appro- priate congressional committees on the re- ‘‘§ 57522. Books and records, balance sheets, ‘‘(a) DISCLOSURE NOT REQUIRED.—Notwith- view under this paragraph. and inspection and auditing’’; standing any other provision of law, the Sec- ‘‘(5) FULL MEMBERSHIP NOT REQUIRED.—The retary is not required to disclose to the pub- (ii) by striking ‘‘the provision of title VI or Coast Guard may convene the working group lic— VII of this Act’’ and inserting ‘‘this chap- without all members present if any non- ter’’; and ‘‘(1) a question from any examination for a Coast-Guard representative is present. merchant mariner credential; (iii) by striking ‘‘: Provided, That’’ and all ‘‘(6) NONDISCLOSURE AGREEMENT.—The Sec- that follows through ‘‘Commission’’. ‘‘(2) the answer to such a question, includ- retary shall require all members of the work- (2) CLERICAL AMENDMENT.—The analysis for ing any correct or incorrect answer that may ing group to sign a nondisclosure agreement chapter 575, of title 46, United States Code, is be presented with such question; and with the Secretary. ‘‘(3) any quality or characteristic of such a amended by inserting after the item relating ‘‘(7) TREATMENT OF MEMBERS AS FEDERAL to section 57521 the following: question, including— EMPLOYEES.—A member of the working group ‘‘57522. Books and records, balance sheets, ‘‘(A) the manner in which such question who is not a Federal Government employee and inspection and auditing.’’. has been, is, or may be selected for an exam- shall not be considered a Federal employee (d) REPEALS, TITLE 46, U.S.C.—Section 8103 ination; in the service or the employment of the Fed- of title 46, United States Code, is amended in ‘‘(B) the frequency of such selection; and eral Government, except that such a member subsections (c) and (d) by striking ‘‘or oper- ‘‘(C) the frequency that an examinee cor- shall be considered a special government em- ating’’ each place it appears. rectly or incorrectly answered such question. ployee, as defined in section 202(a) of title 18 SEC. 314. MARITIME DRUG LAW ENFORCEMENT. ‘‘(b) EXCEPTION FOR CERTAIN QUESTIONS.— for purposes of sections 203, 205, 207, 208, and (a) PROHIBITIONS.—Section 70503(a) of title Notwithstanding subsection (a), the Sec- 209 of such title and shall be subject to any 46, United States Code, is amended to read as retary may, for the purpose of preparation administrative standards of conduct applica- follows: by the general public for examinations re- ble to an employee of the department in ‘‘(a) PROHIBITIONS.—While on board a cov- quired for merchant mariner credentials, re- which the Coast Guard is operating. ered vessel, an individual may not knowingly lease an examination question and answer ‘‘(8) FORMAL EXAM REVIEW.—The Secretary or intentionally— that the Secretary has retired or is not pres- shall ensure that the Coast Guard Perform- ‘‘(1) manufacture or distribute, or possess ently on or part of an examination, or that ance Technology Center— with intent to manufacture or distribute, a the Secretary determines is appropriate for ‘‘(A) prioritizes the review of examinations controlled substance; release. required for merchant mariner credentials; ‘‘(2) destroy (including jettisoning any ‘‘(c) EXAM REVIEW.— and item or scuttling, burning, or hastily clean- ‘‘(1) IN GENERAL.—Not later than 90 days ‘‘(B) not later than 3 years after the date of ing a vessel), or attempt or conspire to de- after the date of the enactment of the Coast enactment of the Coast Guard Authorization stroy, property that is subject to forfeiture Guard Authorization Act of 2015, and once Act of 2015, completes a formal review, in- under section 511(a) of the Comprehensive every two years thereafter, the Commandant cluding an appropriate analysis, of the topics Drug Abuse Prevention and Control Act of of the Coast Guard shall commission a work- and testing methodology employed by the 1970 (21 U.S.C. 881(a)); or ing group to review new questions for inclu- National Maritime Center for merchant sea- ‘‘(3) conceal, or attempt or conspire to con- sion in examinations required for merchant men licensing. ceal, more than $100,000 in currency or other mariner credentials, composed of— ‘‘(9) FACA.—The Federal Advisory Com- monetary instruments on the person of such ‘‘(A) 1 subject matter expert from the mittee Act (5 U.S.C. App) shall not apply to individual or in any conveyance, article of Coast Guard; any working group created under this sec- luggage, merchandise, or other container, or ‘‘(B) representatives from training facili- tion to review the Coast Guard’s merchant compartment of or aboard the covered vessel ties and the maritime industry, of whom— mariner credentialing examinations. if that vessel is outfitted for smuggling.’’. ‘‘(i) one-half shall be representatives from ‘‘(d) MERCHANT MARINER CREDENTIAL DE- (b) COVERED VESSEL DEFINED.—Section approved training facilities; and FINED.—In this section, the term ‘merchant 70503 of title 46, United States Code, is ‘‘(ii) one-half shall be representatives from mariner credential’ means a merchant sea- amended by adding at the end the following: the appropriate maritime industry; man license, certificate, or document that ‘‘(e) COVERED VESSEL DEFINED.—In this ‘‘(C) at least 1 representative from the the Secretary is authorized to issue pursuant section the term ‘covered vessel’ means— Merchant Marine Personnel Advisory Com- to this title.’’. ‘‘(1) a vessel of the United States or a ves- mittee; (2) CLERICAL AMENDMENT.—The analysis for sel subject to the jurisdiction of the United ‘‘(D) at least 2 representatives from the such chapter is further amended by adding at States; or State maritime academies, of whom one the end the following: ‘‘(2) any other vessel if the individual is a shall be a representative from the deck ‘‘7510. Examinations for merchant mariner citizen of the United States or a resident training track and one shall be a representa- credentials.’’. alien of the United States.’’. tive of the engineer license track; (b) EXAMINATIONS FOR MERCHANT MARINER (c) PENALTIES.—Section 70506 of title 46, ‘‘(E) representatives from other Coast CREDENTIALS.— United States Code, is amended— Guard Federal advisory committees, as ap- (1) IN GENERAL.—Chapter 71 of title 46, (1) in subsection (a), by striking ‘‘A person propriate, for the industry segment associ- United States Code, is amended by adding at violating section 70503’’ and inserting ‘‘A ated with the subject examinations; the end the following: person violating paragraph (1) of section ‘‘(F) at least 1 subject matter expert from ‘‘§ 7116. Examinations for merchant mariner 70503(a)’’; and the Maritime Administration; and credentials ‘‘(G) at least 1 human performance tech- (2) by adding at the end the following: ‘‘(a) REQUIREMENT FOR SAMPLE EXAMS.— ‘‘(d) PENALTY.—A person violating para- nology representative. The Secretary shall develop a sample mer- graph (2) or (3) of section 70503(a) shall be ‘‘(2) INCLUSION OF PERSONS KNOWLEDGEABLE chant mariner credential examination and fined in accordance with section 3571 of title ABOUT EXAMINATION TYPE.—The working outline of merchant mariner examination 18, imprisoned not more than 15 years, or group shall include representatives knowl- topics on an annual basis. both.’’. edgeable about the examination type under ‘‘(b) PUBLIC AVAILABILITY.—Each sample (d) SEIZURE AND FORFEITURE.—Section review. examination and outline of topics developed 70507(a) of title 46, United States Code, is ‘‘(3) LIMITATION.—The requirement to con- under subsection (a) shall be readily avail- amended by striking ‘‘section 70503’’ and in- vene a working group under paragraph (1) able to the public. serting ‘‘section 70503 or 70508’’. does not apply unless there are new examina- ‘‘(c) MERCHANT MARINER CREDENTIAL DE- (e) CLERICAL AMENDMENTS.— tion questions to review. FINED.—In this section, the term ‘merchant

VerDate Sep 11 2014 06:37 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.053 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8900 CONGRESSIONAL RECORD — SENATE December 18, 2015 mariner credential’ has the meaning that ‘‘(A) require the Secretary to recognize an ‘‘(7) Once every 5 years and at the time of term has in section 7510.’’. assessment that a foreign government or an a substantial alteration to such vessel, com- (2) CLERICAL AMENDMENT.—The analysis for international organization has conducted; or pliance of the vessel with the requirements such chapter is amended by adding at the ‘‘(B) limit the discretion or ability of the of paragraph (3) is reviewed and updated as end the following: Secretary to conduct an assessment under necessary. ‘‘7116. Examinations for merchant mariner this section. ‘‘(8) For the life of the vessel, the owner of credentials.’’. ‘‘(4) NOTIFICATION TO CONGRESS.—Not later the vessel maintains records to demonstrate (c) DISCLOSURE TO CONGRESS.—Nothing in than 30 days before entering into an agree- compliance with this subsection and makes this section may be construed to authorize ment or arrangement with a foreign govern- such records readily available for inspection the withholding of information from an ap- ment under paragraph (2), the Secretary by an official authorized to enforce this propriate inspector general, the Committee shall notify the Committee on Homeland Se- chapter. on Commerce, Science, and Transportation curity and the Committee on Transportation ‘‘(f)(1) Not later than 10 years after the of the Senate, or the Committee on Trans- and Infrastructure of the House of Rep- date of the enactment of the Coast Guard portation and Infrastructure of the House of resentatives and the Committee on Com- Authorization Act of 2015, the Secretary Representatives. merce, Science, and Transportation of the shall submit to the Committee on Transpor- Senate of the proposed terms of such agree- tation and Infrastructure of the House of SEC. 316. HIGHER VOLUME PORT AREA REGU- Representatives and the Committee on Com- LATORY DEFINITION CHANGE. ment or arrangement.’’. merce, Science, and Transportation of the (a) IN GENERAL.—Subsection (a) of section SEC. 318. FISHING VESSEL AND FISH TENDER Senate a report that provides an analysis of 710 of the Coast Guard Authorization Act of VESSEL CERTIFICATION. the adequacy of the requirements under sub- 2010 (Public Law 111–281; 124 Stat. 2986) is (a) ALTERNATIVE SAFETY COMPLIANCE PRO- section (e) in maintaining the safety of the GRAMS.—Section 4503 of title 46, United amended to read as follows: fishing vessels and fish tender vessels which States Code, is amended— ‘‘(a) HIGHER VOLUME PORTS.—Notwith- are described in subsection (c)(2) and which (1) in subsection (a), by striking ‘‘this sec- standing any other provision of law, the re- comply with the requirements of subsection tion’’ and inserting ‘‘this subsection’’; quirements of subparts D, F, and G of part (e). 155 of title 33, Code of Federal Regulations, (2) in subsection (b), by striking ‘‘This sec- ‘‘(2) If the report required under this sub- that apply to the higher volume port area for tion’’ and inserting ‘‘Except as provided in section includes a determination that the the Strait of Juan de Fuca at Port Angeles, subsection (d), subsection (a)’’; safety requirements under subsection (e) are Washington (including any water area within (3) in subsection (c)— not adequate or that additional safety meas- 50 nautical miles seaward), to and including (A) by striking ‘‘This section’’ and insert- ures are necessary, then the Secretary may Puget Sound, shall apply, in the same man- ing ‘‘(1) Except as provided in paragraph (2), establish an alternative safety compliance ner, and to the same extent, to the Strait of subsection (a)’’; and program for fishing vessels or fish tender Juan de Fuca at Cape Flattery, Washington (B) by adding at the end the following: vessels (or both) which are described in sub- (including any water area within 50 nautical ‘‘(2) Subsection (a) does not apply to a fish- section (c)(2) and which comply with the re- miles seaward), to and including Puget ing vessel or fish tender vessel to which sec- quirements of subsection (e). Sound.’’. tion 4502(b) of this title applies, if the ves- ‘‘(3) The alternative safety compliance pro- (b) CONFORMING AMENDMENT.—Subsection sel— gram established under this subsection shall (b) of such section is amended by striking ‘‘(A) is at least 50 feet overall in length, include requirements for— ‘‘the modification of the higher volume port and not more than 79 feet overall in length ‘‘(A) vessel construction; area definition required by subsection (a).’’ as listed on the vessel’s certificate of docu- ‘‘(B) a vessel stability test; and inserting ‘‘higher volume port require- mentation or certificate of number; and ‘‘(C) vessel stability and loading instruc- ments made applicable under subsection ‘‘(B)(i) is built after the date of the enact- tions; (a).’’. ment of the Coast Guard Authorization Act ‘‘(D) an assigned vessel loading mark; SEC. 317. RECOGNITION OF PORT SECURITY AS- of 2015; and ‘‘(E) a vessel condition survey at least SESSMENTS CONDUCTED BY OTHER ‘‘(ii) complies with— twice in 5 years, not to exceed 3 years be- ENTITIES. ‘‘(I) the requirements described in sub- tween surveys; Section 70108 of title 46, United States section (e); or ‘‘(F) an out-of-water vessel survey at least Code, is amended by adding at the end the ‘‘(II) the alternative requirements estab- once every 5 years; following: lished by the Secretary under subsection ‘‘(G) maintenance of records to dem- ‘‘(f) RECOGNITION OF ASSESSMENT CON- (f).’’; and onstrate compliance with the program, and DUCTED BY OTHER ENTITIES.— (4) by redesignating subsection (e) as sub- the availability of such records for inspec- ‘‘(1) CERTIFICATION AND TREATMENT OF AS- section (g), and inserting after subsection (d) tion; and SESSMENTS.—For the purposes of this section the following: ‘‘(H) such other aspects of vessel safety as and section 70109, the Secretary may treat ‘‘(e) The requirements referred to in sub- the Secretary considers appropriate.’’. an assessment that a foreign government (in- section (c)(2)(B)(ii)(I) are the following: (b) GAO REPORT ON COMMERCIAL FISHING cluding, for the purposes of this subsection, ‘‘(1) The vessel is designed by an individual VESSEL SAFETY.— an entity of or operating under the auspices licensed by a State as a naval architect or (1) IN GENERAL.—Not later than 12 months of the European Union) or international or- marine engineer, and the design incorporates after the date of the enactment of this Act, ganization has conducted as an assessment standards equivalent to those prescribed by a the Comptroller General of the United States that the Secretary has conducted for the classification society to which the Secretary shall submit to the Committee on Transpor- purposes of subsection (a), provided that the has delegated authority under section 3316 or tation and Infrastructure of the House of Secretary certifies that the foreign govern- another qualified organization approved by Representatives and the Committee on Com- ment or international organization has— the Secretary for purposes of this paragraph. merce, Science, and Transportation of the ‘‘(A) conducted the assessment in accord- ‘‘(2) Construction of the vessel is overseen Senate a report on commercial fishing vessel ance with subsection (b); and and certified as being in accordance with its safety. The report shall include— ‘‘(B) provided the Secretary with sufficient design by a marine surveyor of an organiza- (A) national and regional trends that can information pertaining to its assessment (in- tion accepted by the Secretary. be identified with respect to rates of marine cluding, but not limited to, information on ‘‘(3) The vessel— casualties, human injuries, and deaths the outcome of the assessment). ‘‘(A) completes a stability test performed aboard or involving fishing vessels greater ‘‘(2) AUTHORIZATION TO ENTER INTO AN by a qualified individual; than 79 feet in length that operate beyond AGREEMENT.—For the purposes of this sec- ‘‘(B) has written stability and loading in- the 3-nautical-mile demarcation line; tion and section 70109, the Secretary, in con- structions from a qualified individual that (B) a comparison of United States regula- sultation with the Secretary of State, may are provided to the owner or operator; and tions for classification of fishing vessels to enter into an agreement with a foreign gov- ‘‘(C) has an assigned loading mark. those established by other countries, includ- ernment (including, for the purposes of this ‘‘(4) The vessel is not substantially altered ing the vessel length at which such regula- subsection, an entity of or operating under without the review and approval of an indi- tions apply; the auspices of the European Union) or inter- vidual licensed by a State as a naval archi- (C) the additional costs imposed on vessel national organization, under which parties tect or marine engineer before the beginning owners as a result of the requirement in sec- to the agreement— of such substantial alteration. tion 4503(a) of title 46, United States Code, ‘‘(A) conduct an assessment, required ‘‘(5) The vessel undergoes a condition sur- and how the those costs vary in relation to under subsection (a); vey at least twice in 5 years, not to exceed 3 vessel size and from region to region; ‘‘(B) share information pertaining to such years between surveys, to the satisfaction of (D) savings that result from the applica- assessment (including, but not limited to, in- a marine surveyor of an organization accept- tion of the requirement in section 4503(a) of formation on the outcome of the assess- ed by the Secretary. title 46, United States Code, including reduc- ment); or ‘‘(6) The vessel undergoes an out-of-water tions in insurance rates or reduction in the ‘‘(C) both. survey at least once every 5 years to the sat- number of fishing vessels or fish tender ves- ‘‘(3) LIMITATIONS.—Nothing in this sub- isfaction of a certified marine surveyor of an sels lost to major safety casualties, nation- section shall be construed to— organization accepted by the Secretary. ally and regionally;

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AUTHORIZATION OF APPROPRIATIONS. affordable housing, as defined by the County sels that are built and maintained to class and the Commandant at the time of convey- (a) IN GENERAL.—Chapter 3 of title 46, through a classification society to the addi- United States Code, is amended by adding at ance, or to provide a public benefit approved tional costs and safety benefits associated the end the following: by the County. with fishing vessels or fish tender vessels (c) SURVEY.—The exact acreage and legal that are built to standards equivalent to ‘‘§ 308. Authorization of appropriations description of the covered property shall be classification society construction standards ‘‘There is authorized to be appropriated to determined by a survey satisfactory to the and maintained to standards equivalent to the Federal Maritime Commission $24,700,000 Commandant. classification society standards with for each of fiscal years 2016 and 2017 for the (d) RULES OF CONSTRUCTION.—Nothing in verification by independent surveyors; and activities of the Commission authorized this section may be construed to affect or (F) the impact on the cost of production under this chapter and subtitle IV.’’. limit the application of or obligation to com- and availability of qualified shipyards, na- (b) CLERICAL AMENDMENT.—The analysis ply with any environmental law, including tionally and regionally, resulting from the for chapter 3 of title 46, United States Code, section 120(h) of the Comprehensive Environ- application of the requirement in section is amended by adding at the end the fol- mental Response, Compensation, and Liabil- 4503(a) of title 46, United States Code. lowing: ity Act of 1980 (42 U.S.C. 9620(h)). (2) CONSULTATION REQUIREMENT.—In pre- ‘‘308. Authorization of appropriations.’’. (e) COVERED PROPERTY DEFINED.—In this section, the term ‘‘covered property’’ means paring the report under paragraph (1), the SEC. 402. DUTIES OF THE CHAIRMAN. Comptroller General shall— the approximately 32 acres of real property Section 301(c)(3)(A) of title 46, United (including all improvements located on the (A) consult with owners and operators of States Code, is amended— fishing vessels or fish tender vessels, classi- property) that are— (1) in clause (ii) by striking ‘‘units, but (1) located in Point Reyes Station in the fication societies, shipyards, the National In- only after consultation with the other Com- stitute for Occupational Safety and Health, County of Marin, California; missioners;’’ and inserting ‘‘units (with such (2) under the administrative control of the the National Transportation Safety Board, appointments subject to the approval of the the Coast Guard, academics, naval archi- Coast Guard; and Commission);’’; (3) described as ‘‘Parcel A, Tract 1’’, ‘‘Par- tects, and marine safety nongovernmental (2) in clause (iv) by striking ‘‘and’’ at the organizations; and cel B, Tract 2’’, ‘‘Parcel C’’, and ‘‘Parcel D’’ end; in the Declaration of Taking (Civil No. C 71– (B) obtain relevant data from the Coast (3) in clause (v) by striking the period at Guard including data collected from enforce- 1245 SC) filed June 28, 1971, in the United the end and inserting ‘‘; and’’; and States District Court for the Northern Dis- ment actions, boardings, investigations of (4) by adding at the end the following: marine casualties, and serious marine inci- trict of California. ‘‘(vi) prepare and submit to the President (f) EXPIRATION.—The authority to convey dents. and the Congress requests for appropriations (3) TREATMENT OF DATA.—In preparing the the covered property under this section shall for the Commission (with such requests sub- expire on the date that is four years after report under paragraph (1), the Comptroller ject to the approval of the Commission).’’. General shall— the date of the enactment of this Act. (A) disaggregate data regionally for each of SEC. 403. PROHIBITION ON AWARDS. SEC. 502. CONVEYANCE OF COAST GUARD PROP- the regions managed by the regional fishery Section 307 of title 46, United States Code, ERTY IN TOK, ALASKA. management councils established under sec- is amended— (a) CONVEYANCE AUTHORIZED.—The Com- tion 302 of the Magnuson-Stevens Fisheries (1) by striking ‘‘The Federal Maritime mandant of the Coast Guard may convey to Conservation and Management Act (16 U.S.C. Commission’’ and inserting the following: the Tanana Chiefs’ Conference all right, 1852), the Atlantic States Marine Fisheries ‘‘(a) IN GENERAL.—The Federal Maritime title, and interest of the United States in Commission, the Pacific States Marine Fish- Commission’’; and and to the covered property, upon payment eries Commission, and the Gulf States Ma- (2) by adding at the end the following: to the United States of the fair market value rine Fisheries Commission; and ‘‘(b) PROHIBITION.—Notwithstanding sub- of the covered property. (B) include qualitative data on the types of section (a), the Federal Maritime Commis- (b) SURVEY.—The exact acreage and legal fishing vessels or fish tender vessels included sion may not expend any funds appropriated description of the covered property shall be in the report. or otherwise made available to it to a non- determined by a survey satisfactory to the Federal entity to issue an award, prize, com- Commandant. SEC. 319. INTERAGENCY COORDINATING COM- mendation, or other honor that is not re- (c) FAIR MARKET VALUE.—The fair market MITTEE ON OIL POLLUTION RE- lated to the purposes set forth in section value of the covered property shall be— SEARCH. 40101.’’. (1) determined by appraisal; and (a) IN GENERAL.—Section 7001(a)(3) of the TITLE V—CONVEYANCES (2) subject to the approval of the Com- mandant. Oil Pollution Act of 1990 (33 U.S.C. 2761(a)(3)) Subtitle A—Miscellaneous Conveyances is amended— (d) COSTS OF CONVEYANCE.—The responsi- (1) by striking ‘‘Minerals Management SEC. 501. CONVEYANCE OF COAST GUARD PROP- bility for all reasonable and necessary costs, ERTY IN POINT REYES STATION, including real estate transaction and envi- Service’’ and inserting ‘‘Bureau of Safety CALIFORNIA. and Environmental Enforcement, the Bureau ronmental documentation costs, associated (a) CONVEYANCE.— of Ocean Energy Management,’’; and with a conveyance under this section shall (1) IN GENERAL.—The Commandant of the be determined by the Commandant and the (2) by inserting ‘‘the United States Arctic Coast Guard shall convey to the County of Research Commission,’’ after ‘‘National Aer- purchaser. Marin, California all right, title, and interest (e) ADDITIONAL TERMS AND CONDITIONS.— onautics and Space Administration,’’. of the United States in and to the covered The Commandant may require such addi- (b) TECHNICAL AMENDMENTS.—Section 7001 property— tional terms and conditions in connection of the Oil Pollution Act of 1990 (33 U.S.C. (A) for fair market value, as provided in with a conveyance under this section as the 2761) is amended— paragraph (2); Commandant considers appropriate and rea- (1) in subsection (b)(2), in the matter pre- (B) subject to the conditions required by sonable to protect the interests of the United ceding subparagraph (A), by striking ‘‘De- this section; and States. partment of Transportation’’ and inserting (C) subject to any other term or condition (f) DEPOSIT OF PROCEEDS.—Any proceeds re- ‘‘department in which the Coast Guard is op- that the Commandant considers appropriate ceived by the United States from a convey- erating’’; and and reasonable to protect the interests of the ance under this section shall be deposited in (2) in subsection (c)(8)(A), by striking United States. the Coast Guard Housing Fund established ‘‘(1989)’’ and inserting ‘‘(2010)’’. (2) FAIR MARKET VALUE.—The fair market under section 687 of title 14, United States value of the covered property shall be— Code. SEC. 320. INTERNATIONAL PORT AND FACILITY (A) determined by a real estate appraiser (g) COVERED PROPERTY DEFINED.— INSPECTION COORDINATION. who has been selected by the County and is (1) IN GENERAL.—In this section, the term Section 825(a) of the Coast Guard Author- licensed to practice in California; and ‘‘covered property’’ means the approxi- ization Act of 2010 (6 U.S.C. 945 note; Public (B) approved by the Commandant. mately 3.25 acres of real property (including Law 111–281) is amended in the matter pre- (3) PROCEEDS.—The Commandant shall de- all improvements located on the property) ceding paragraph (1)— posit the proceeds from a conveyance under that are— (1) by striking ‘‘the department in which paragraph (1) in the Coast Guard Housing (A) located in Tok, Alaska; the Coast Guard is operating’’ and inserting Fund established by section 687 of title 14, (B) under the administrative control of the ‘‘Homeland Security’’; and United States Code. Coast Guard; and (2) by striking ‘‘they are integrated and (b) CONDITION OF CONVEYANCE.—As a condi- (C) described in paragraph (2). conducted by the Coast Guard’’ and inserting tion of any conveyance of the covered prop- (2) DESCRIPTION.—The property described ‘‘the assessments are coordinated between erty under this section, the Commandant in this paragraph is the following: the Coast Guard and Customs and Border shall require that all right, title, and inter- (A) Lots 11, 12 and 13, block ‘‘G’’, Second Protection’’. est in and to the covered property shall re- Addition to Hartsell Subdivision, Section 20,

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Township 18 North, Range 13 East, Copper (c) AGREEMENT ON TRANSFER OF OTHER and interest in the land or portion to the River Meridian, Alaska as appears by Plat PROPERTY ON ST. PAUL ISLAND.— Alaska native village corporation at no cost. No. 72–39 filed in the Office of the Recorder (1) IN GENERAL.—In addition to the prop- ‘‘(4) OTHER DISPOSITION.—If the Alaska na- for the Fairbanks Recording District of Alas- erty transferred under subsection (a), not tive village corporation does not provide no- ka, bearing seal dated 25 September 1972, all later than 60 days after the date of the enact- tice under paragraph (2) that the Alaska na- containing approximately 1.25 acres and ment of this Act, the Secretary of Commerce tive village corporation elects to receive all commonly known as 2–PLEX – Jackie Circle, and the presiding officer of the Alaska native right, title, and interest in the land or a por- Units A and B. village corporation for St. Paul Island shall tion of the land, the Secretary may dispose (B) Beginning at a point being the SE cor- enter into an agreement to exchange of prop- of the land in accordance with other applica- ner of the SE 1⁄4 of the SE 1⁄4 Section 24, erty on Tracts 50 and 38 on St. Paul Island ble law. Township 18 North, Range 12 East, Copper and to finalize the recording of deeds, to re- ‘‘(f) DETERMINATION.— River Meridian, Alaska; thence running flect the boundaries and ownership of Tracts ‘‘(1) IN GENERAL.—Not later than 2 years westerly along the south line of said SE 1⁄4 of 50 and 38 as depicted on a survey of the Na- after the date of the enactment of this sub- the NE 1⁄4 260 feet; thence northerly parallel tional Oceanic and Atmospheric Administra- section and not less than once every 5 years to the east line of said SE 1⁄4 of the NE 1⁄4 335 tion, to be filed with the Office of the Re- thereafter, the Secretary shall determine feet; thence easterly parallel to the south corder for the Department of Natural Re- whether property located on St. Paul Island line 260 feet; then south 335 feet along the sources for the State of Alaska. and not transferred to the Natives of the east boundary of Section 24 to the point of (2) EASEMENTS.—The survey described in Pribilof Islands is in excess of the smallest beginning; all containing approximately 2.0 subsection (a) shall include respective ease- practicable tract enclosing land— acres and commonly known as 4–PLEX – ments granted to the Secretary and the ‘‘(A) needed by the Secretary for the pur- West ‘‘C’’ and Willow, Units A, B, C and D. Alaska native village corporation for the poses of carrying out the Fur Seal Act of 1966 (h) EXPIRATION.—The authority to convey purpose of utilities, drainage, road access, (16 U.S.C. 1151 et seq.); the covered property under this section shall and salt lagoon conservation. ‘‘(B) in the case of land withdrawn by the expire on the date that is 4 years after the Secretary on behalf of other Federal agen- date of the enactment of this Act. SEC. 523. NOTICE OF CERTIFICATION. Section 105 of the Pribilof Islands Transi- cies, needed for carrying out the missions of Subtitle B—Pribilof Islands tion Act (16 U.S.C. 1161 note; Public Law 106– those agencies for which land was with- SEC. 521. SHORT TITLE. 562) is amended— drawn; or This subtitle may be cited as the ‘‘Pribilof (1) in subsection (a)(1), by striking ‘‘The ‘‘(C) actually used by the Federal Govern- Island Transition Completion Act of 2015’’. Secretary’’ and inserting ‘‘Notwithstanding ment in connection with the administration SEC. 522. TRANSFER AND DISPOSITION OF PROP- paragraph (2) and effective beginning on the of any Federal installation on St. Paul Is- ERTY. date the Secretary publishes the notice of land. (a) TRANSFER.—To further accomplish the certification required by subsection (b)(5), ‘‘(2) REPORT OF DETERMINATION.—When a settlement of land claims under the Alaska the Secretary’’; determination is made under subsection (a), Native Claims Settlement Act (43 U.S.C. 1601 (2) in subsection (b)— the Secretary shall report the determination et seq.), the Secretary of Commerce shall, (A) in paragraph (1)(A), by striking ‘‘sec- to— subject to paragraph (2), and notwith- ‘‘(A) the Committee on Natural Resources standing section 105(a) of the Pribilof Islands tion 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165)’’ and inserting ‘‘section 205(a) of the of the House of Representatives; Transition Act (16 U.S.C. 1161 note; Public ‘‘(B) the Committee on Commerce, Law 106–562), convey all right, title, and in- Fur Seal Act of 1966 (16 U.S.C. 1165(a))’’; and Science, and Transportation of the Senate; terest in the following property to the Alas- (B) by adding at the end the following: and ka native village corporation for St. Paul Is- ‘‘(5) NOTICE OF CERTIFICATION.—The Sec- ‘‘(C) the Alaska native village corporation land: retary shall promptly publish and submit to for St. Paul Island.’’. (1) Lots 4, 5, and 6A, Block 18, Tract A, U.S. the Committee on Natural Resources of the Survey 4943, Alaska, the plat of which was House of Representatives and the Committee SEC. 524. REDUNDANT CAPABILITY. Officially Filed on January 20, 2004, aggre- on Commerce, Science, and Transportation (a) RULE OF CONSTRUCTION.—Except as pro- gating 13,006 square feet (0.30 acres). of the Senate notice that the certification vided in subsection (b), section 681 of title 14, (2) On the termination of the license de- described in paragraph (2) has been made.’’; United States Code, as amended by this Act, scribed in subsection (b)(3), T. 35 S., R. 131 (3) in subsection (c)— shall not be construed to prohibit any trans- W., Seward Meridian, Alaska, Tract 43, the (A) in the matter preceding paragraph (1), fer or conveyance of lands under this subtitle plat of which was Officially Filed on May 14, by striking ‘‘makes the certification de- or any actions that involve the dismantling 1986, containing 84.88 acres. scribed in subsection (b)(2)’’ and inserting or disposal of infrastructure that supported (b) FEDERAL USE.— ‘‘publishes the notice of certification re- the former LORAN system that are associ- (1) IN GENERAL.—The Secretary of the de- quired by subsection (b)(5)’’; and ated with the transfer or conveyance of lands partment in which the Coast Guard is oper- (B) in paragraph (1), by striking ‘‘Section under section 522. ating may operate, maintain, keep, locate, 205’’ and inserting ‘‘Subsections (a), (b), (c), (b) REDUNDANT CAPABILITY.—If, within the inspect, repair, and replace any Federal aid and (d) of section 205’’; 5-year period beginning on the date of the to navigation located on the property de- (4) by redesignating subsection (e) as sub- enactment of this Act, the Secretary of the scribed in subsection (a) as long as the aid is section (g); and department in which the Coast Guard is op- needed for navigational purposes. (5) by inserting after subsection (d) the fol- erating determines that a facility on Tract (2) ADMINISTRATION.—In carrying out sub- lowing: 43, if transferred under this subtitle, is sub- section (a), the Secretary may enter the ‘‘(e) NOTIFICATIONS.— sequently required to provide a positioning, property, at any time for as long as the aid ‘‘(1) IN GENERAL.—Not later than 30 days navigation, and timing system to provide re- is needed for navigational purposes, without after the Secretary makes a determination dundant capability in the event GPS signals notice to the extent that it is not practicable under subsection (f) that land on St. Paul Is- are disrupted, the Secretary may— to provide advance notice. land, Alaska, not specified for transfer in the (1) operate, maintain, keep, locate, inspect, (3) LICENSE.—The Secretary of the Depart- document entitled ‘Transfer of Property on repair, and replace such facility; and ment in which the Coast Guard is operating the Pribilof Islands: Descriptions, Terms and (2) in carrying out the activities described may maintain a license in effect on the date Conditions’ or section 522 of the Pribilof Is- in paragraph (1), enter, at any time, the fa- of the enactment of this Act with respect to land Transition Completion Act of 2015 is in cility without notice to the extent that it is the real property and improvements under excess of the needs of the Secretary and the not possible to provide advance notice, for as subsection (a) until the termination of the li- Federal Government, the Secretary shall no- long as such facility is needed to provide cense. tify the Alaska native village corporation for such capability. (4) REPORTS.—Not later than 2 years after St. Paul Island of the determination. Subtitle C—Conveyance of Coast Guard the date of the enactment of this Act and not ‘‘(2) ELECTION TO RECEIVE.—Not later than less than once every 2 years thereafter, the 60 days after the date receipt of the notifica- Property at Point Spencer, Alaska Secretary of the department in which the tion of the Secretary under subsection (a), SEC. 531. FINDINGS. Coast Guard is operating shall submit to the the Alaska native village corporation for St. The Congress finds as follows: Committee on Natural Resources of the Paul Island shall notify the Secretary in (1) Major shipping traffic is increasing House of Representatives and the Committee writing whether the Alaska native village through the Bering Strait, the Bering and on Commerce, Science, and Transportation corporation elects to receive all right, title, Chukchi Seas, and the Arctic Ocean, and will of the Senate a report on— and interest in the land or a portion of the continue to increase whether or not develop- (A) efforts taken to remediate contami- land. ment of the Outer Continental Shelf of the nated soils on tract 43 described in sub- ‘‘(3) TRANSFER.—If the Alaska native vil- United States is undertaken in the future, section (a)(2); lage corporation provides notice under para- and will increase further if such Outer Conti- (B) a schedule for the completion of con- graph (2) that the Alaska native village cor- nental Shelf development is undertaken. taminated soil remediation on tract 43; and poration elects to receive all right, title and (2) There is a compelling national, State, (C) any use of tract 43 to carry out Coast interest in the land or a portion of the land, Alaska Native, and private sector need for Guard navigation activities. the Secretary shall transfer all right, title, permanent infrastructure development and

VerDate Sep 11 2014 06:37 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.053 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8903 for a presence in the Arctic region of Alaska ment of this section and subject to section Secretary of the Interior shall consider by appropriate agencies of the Federal Gov- 534, the Secretary of the Interior shall con- Tract 6 as within BSNC’s entitlement under ernment, particularly in proximity to the vey, subject to valid existing rights, all section 14(h)(8) of the Alaska Native Claims Bering Strait, to support and facilitate right, title, and interest of the United States Settlement Act (43 U.S.C. 1613(h)(8)) and search and rescue, shipping safety, economic in and to the surface and subsurface estates shall convey Tract 6 to BSNC. development, oil spill prevention and re- of Tract 2 and Tract 5 in accordance with (ii) LEASE BY THE STATE.—The conveyance sponse, protection of Alaska Native archae- subsection (d). of Tract 6 to BSNC shall be subject to BSNC ological and cultural resources, port of ref- (c) AUTHORITY TO TRANSFER TRACT 6.— negotiating a lease of Tract 6 to the State at uge, arctic research, and maritime law en- Within one year after the date of the enact- no cost to the State, if the State requests forcement on the Bering Sea, the Chukchi ment of this Act and subject to sections 534 such a lease. Sea, and the Arctic Ocean. and 535, the Secretary of the Interior shall (B) DECLINE BY BSNC.—If BSNC declines to (3) The United States owns a parcel of convey, subject to valid existing rights, all accept an offer of conveyance of Tract 6 land, known as Point Spencer, located be- right, title, and interest of the United States under paragraph (2)(B), the Secretary of the tween the Bering Strait and Port Clarence in and to the surface and subsurface estates Interior shall dispose of Tract 6 pursuant to and adjacent to some of the best potential of Tract 6 in accordance with subsection (e). the applicable public land laws. deepwater port sites on the coast of Alaska (d) ORDER OF OFFER TO CONVEY TRACT 1, 2, 3, 4, OR 5.— SEC. 534. ENVIRONMENTAL COMPLIANCE, LIABIL- in the Arctic. ITY, AND MONITORING. (4) Prudent and effective use of Point Spen- (1) DETERMINATION AND OFFER.— (A) TRACT 1, 3, OR 4.—If the Secretary (a) ENVIRONMENTAL COMPLIANCE.—Nothing cer may be best achieved through mar- in this Act or any amendment made by this shaling the energy, resources, and leadership makes the determination under subsection (a) and subject to section 534, the Secretary Act may be construed to affect or limit the of the public and private sectors. application of or obligation to comply with (5) It is in the national interest to develop of the Interior shall offer Tract 1, Tract 3, or Tract 4 for conveyance to BSNC under the any applicable environmental law, including infrastructure at Point Spencer that would section 120(h) of the Comprehensive Environ- aid the Coast Guard in performing its statu- Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). mental Response, Compensation, and Liabil- tory duties and functions in the Arctic on a ity Act of 1980 (42 U.S.C. 9620(h)). more permanent basis and to allow for public (B) TRACT 2 AND 5.—Subject to section 534, the Secretary of the Interior shall offer (b) LIABILITY.—A person to which a con- and private sector development of facilities veyance is made under this subtitle shall and other infrastructure to support purposes Tract 2 and Tract 5 to BSNC under the Alas- ka Native Claims Settlement Act (43 U.S.C. hold the United States harmless from any li- that are of benefit to the United States. ability with respect to activities carried out SEC. 532. DEFINITIONS. 1601 et seq.). (2) OFFER TO BSNC.— on or after the date of the conveyance of the In this subtitle: real property conveyed. The United States (1) ARCTIC.—The term ‘‘Arctic’’ has the (A) ACCEPTANCE BY BSNC.—If BSNC chooses to accept an offer of conveyance of a Tract shall remain responsible for any liability meaning given that term in section 112 of the with respect to activities carried out before Arctic Research and Policy Act of 1984 (15 under paragraph (1), the Secretary of the In- terior shall consider Tract 6 as within such date on the real property conveyed. U.S.C. 4111). (c) MONITORING OF KNOWN CONTAMINA- (2) BSNC.—The term ‘‘BSNC’’ means the BSNC’s entitlement under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 TION.— Bering Straits Native Corporation author- (1) IN GENERAL.—To the extent practicable ized under section 7 of the Alaska Native U.S.C. 1613(h)(8)) and shall convey such Tract to BSNC. and subject to paragraph (2), any contamina- Claims Settlement Act (43 U.S.C. 1606). tion in a Tract to be conveyed to the State (3) COUNCIL.—The term ‘‘Council’’ means (B) DECLINE BY BSNC.—If BSNC declines to accept an offer of conveyance of a Tract or BSNC under this subtitle that— the Port Coordination Council established (A) is identified in writing prior to the con- under section 541. under paragraph (1), the Secretary of the In- terior shall offer such Tract for conveyance veyance; and (4) PLAN.—The term ‘‘Plan’’ means the (B) does not pose an immediate or long- Port Management Coordination Plan devel- to the State under the Act of July 7, 1958 (commonly known as the ‘‘Alaska Statehood term risk to human health or the environ- oped under section 541. ment; (5) POINT SPENCER.—The term ‘‘Point Spen- Act’’) (48 U.S.C. note prec. 21; Public Law 85– 508). may be routinely monitored and managed by cer’’ means the land known as ‘‘Point Spen- the State or BSNC, as applicable, through in- cer’’ located in Townships 2, 3, and 4 South, (3) OFFER TO STATE.— (A) ACCEPTANCE BY STATE.—If the State stitutional controls. Range 40 West, Kateel River Meridian, Alas- (2) INSTITUTIONAL CONTROLS.—Institutional ka, between the Bering Strait and Port Clar- chooses to accept an offer of conveyance of a Tract under paragraph (2)(B), the Secretary controls may be used if— ence and withdrawn by Public Land Order (A) the Administrator of the Environ- 2650 (published in the Federal Register on of the Interior shall consider such Tract as within the State’s entitlement under the Act mental Protection Agency and the Governor April 12, 1962). of the State concur that such controls are (6) SECRETARY.—Except as otherwise spe- of July 7, 1958 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C. note protective of human health and the environ- cifically provided, the term ‘‘Secretary’’ ment; and means the Secretary of the department in prec. 21; Public Law 85–508) and shall convey such Tract to the State. (B) such controls are carried out in accord- which the Coast Guard is operating. ance with Federal and State law. (7) STATE.—The term ‘‘State’’ means the (B) DECLINE BY STATE.—If the State de- SEC. 535. EASEMENTS AND ACCESS. State of Alaska. clines to accept an offer of conveyance of a (a) USE BY COAST GUARD.—The Secretary of (8) TRACT.—The term ‘‘Tract’’ or ‘‘Tracts’’ Tract offered under paragraph (2)(B), such means any of Tract 1, Tract 2, Tract 3, Tract Tract shall be disposed of pursuant to appli- the Interior shall make each conveyance of 4, Tract 5, or Tract 6, as appropriate, or any cable public land laws. any relevant Tract under this subtitle sub- (e) ORDER OF OFFER TO CONVEY TRACT 6.— portion of such Tract or Tracts. ject to an easement granting the Coast (1) OFFER.—Subject to section 534, the Sec- Guard, at no cost to the Coast Guard— (9) TRACTS 1, 2, 3, 4, 5, AND 6.—The terms retary of the Interior shall offer Tract 6 for ‘‘Tract 1’’, ‘‘Tract 2’’, ‘‘Tract 3’’, ‘‘Tract 4’’, (1) use of all existing and future landing conveyance to the State. ‘‘Tract 5’’, and ‘‘Tract 6’’ each mean the land pads, airstrips, runways, and taxiways that (2) OFFER TO STATE.— generally depicted as Tract 1, Tract 2, Tract are located on such Tract; and (A) ACCEPTANCE BY STATE.—If the State 3, Tract 4, Tract 5, or Tract 6, respectively, (2) the right to access such landing pads, chooses to accept an offer of conveyance of on the map entitled the ‘‘Point Spencer Land airstrips, runways, and taxiways. Tract 6 under paragraph (1), the Secretary of SE BY STATE.—For any Tract conveyed Retention and Conveyance Map’’, dated Jan- (b) U the Interior shall consider Tract 6 as within to BSNC under this subtitle, BSNC shall pro- uary 2015, and on file with the Department of the State’s entitlement under the Act of vide to the State, if requested and pursuant Homeland Security and the Department of July 7, 1958 (commonly known as the ‘‘Alas- to negotiated terms with the State, an ease- the Interior. ka Statehood Act’’) (48 U.S.C. note prec. 21; ment granting to the State, at no cost to the SEC. 533. AUTHORITY TO CONVEY LAND IN POINT SPENCER. Public Law 85–508) and shall convey Tract 6 State— to the State. (a) AUTHORITY TO CONVEY TRACTS 1, 3, AND (1) use of all existing and future landing 4.—Within 1 year after the Secretary notifies (B) DECLINE BY STATE.—If the State de- pads, airstrips, runways, and taxiways lo- the Secretary of the Interior that the Coast clines to accept an offer of conveyance of cated on such Tract; and Guard no longer needs to retain jurisdiction Tract 6 under paragraph (1), the Secretary of (2) a right to access such landing pads, air- of Tract 1, Tract 3, or Tract 4 and subject to the Interior shall offer Tract 6 for convey- strips, runways, and taxiways. section 534, the Secretary of the Interior ance to BSNC under the Alaska Native (c) RIGHT OF ACCESS OR RIGHT OF WAY.—If shall convey to BSNC or the State, subject Claims Settlement Act (43 U.S.C. 1601 et the State requests a right of access or right to valid existing rights, all right, title, and seq.). of way for a road from the airstrip to the interest of the United States in and to the (3) OFFER TO BSNC.— southern tip of Point Spencer, the location surface and subsurface estates of that Tract (A) ACCEPTANCE BY BSNC.— of such right of access or right of way shall in accordance with subsection (d). (i) IN GENERAL.—Subject to clause (ii), if be determined by the State, in consultation (b) AUTHORITY TO CONVEY TRACTS 2 AND BSNC chooses to accept an offer of convey- with the Secretary and BSNC, so that such 5.—Within 1 year after the date of the enact- ance of Tract 6 under paragraph (2)(B), the right of access or right of way is compatible

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.053 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8904 CONGRESSIONAL RECORD — SENATE December 18, 2015 with other existing or planned infrastructure known as the ‘‘Alaska Statehood Act’’; Pub- Point Spencer shall be determined pursuant development at Point Spencer. lic Law 85–508: 72 Stat. 339). to provisions of the Plan, as negotiated by (d) ACCESS EASEMENT ACROSS TRACTS 2, 5, (b) CONVEYANCES TO BSNC.—The Secretary the Council. AND 6.—In conveyance documents to the of the Interior shall charge any conveyance TITLE VI—MISCELLANEOUS State and BSNC under this subtitle, the of land conveyed to BSNC pursuant to this Coast Guard shall retain an access easement subtitle, against BSNC’s remaining entitle- SEC. 601. MODIFICATION OF REPORTS. across Tracts 2, 5, and 6 reasonably necessary ment under section 14(h)(8) of the Alaska Na- (a) DISTANT WATER TUNA FLEET.—Section to afford the Coast Guard with access to tive Claims Settlement Act (43 U.S.C. 421(d) of the Coast Guard and Maritime Tracts 1, 3, and 4 for its operations. 1613(h)(8)). Transportation Act of 2006 (46 U.S.C. 8103 note) is amended by striking ‘‘On March 1, (e) ACCESS.—Not later than 30 days after SEC. 540. REDUNDANT CAPABILITY. the date of the enactment of this Act, the 2007, and annually thereafter’’ and inserting (a) IN GENERAL.—Except as provided in ‘‘Not later than July 1 of each year’’. Coast Guard shall provide to the State and subsection (b), section 681 of title 14, United BSNC, access to Tracts for planning, design, (b) ANNUAL UPDATES ON LIMITS TO LIABIL- States Code, as amended by this Act, shall ITY.—Section 603(c)(3) of the Coast Guard and and engineering related to remediation and not be construed to prohibit any transfer or use of and construction on those Tracts. Maritime Transportation Act of 2006 (33 conveyance of lands under this subtitle or U.S.C. 2704 note) is amended by striking ‘‘on (f) PUBLIC ACCESS EASEMENTS.—No public any actions that involve the dismantling or access easements may be reserved to the an annual basis.’’ and inserting ‘‘not later disposal of infrastructure that supported the than January 30 of the year following each United States under section 17(b) of the Alas- former LORAN system that are associated ka Native Claims Settlement Act (43 U.S.C. year in which occurs an oil discharge from a with the transfer or conveyance of lands vessel or nonvessel source that results or is 1616(b)) with respect to the land conveyed under this subtitle. under this subtitle. likely to result in removal costs and dam- (b) CONTINUED ACCESS TO AND USE OF FA- ages (as those terms are defined in section SEC. 536. RELATIONSHIP TO PUBLIC LAND CILITIES.—If the Secretary of the department ORDER 2650. 1001 of the Oil Pollution Act of 1990 (33 U.S.C. in which the Coast Guard is operating deter- 2701)) that exceed liability limits established (a) TRACTS NOT CONVEYED.—Any Tract mines, within the 5-year period beginning on that is not conveyed under this subtitle shall under section 1004 of the Oil Pollution Act of the date of the enactment of this Act, that a 1990 (33 U.S.C. 2704).’’. remain withdrawn pursuant to Public Land facility on any of Tract 1, Tract 3, or Tract Order 2650 (published in the Federal Register (c) REPORT.—Not later than 60 days after 4 that is transferred under this subtitle is the date of the enactment of this Act, the on April 12, 1962). subsequently required to provide a posi- (b) TRACTS CONVEYED.—For any Tract con- Commandant of the Coast Guard shall sub- tioning, navigation, and timing system to mit to the Secretary of the department in veyed under this subtitle, Public Land Order provide redundant capability in the event 2650 shall automatically terminate upon which the Coast Guard is operating a report GPS signals are disrupted, the Secretary detailing the specifications and capabilities issuance of a conveyance document issued may, for as long as such facility is needed to pursuant to this subtitle for such Tract. for interoperable communications the Com- provide redundant capability— mandant determines are necessary to allow SEC. 537. ARCHEOLOGICAL AND CULTURAL RE- (1) operate, maintain, keep, locate, inspect, SOURCES. the Coast Guard to successfully carry out its repair, and replace such facility; and missions that require communications with Conveyance of any Tract under this sub- (2) in carrying out the activities described title shall not affect investigations, criminal other Federal agencies, State and local gov- in paragraph (1), enter, at any time, the fa- ernments, and nongovernmental entities. jurisdiction, and responsibilities regarding cility without notice to the extent that it is SEC. 602. SAFE VESSEL OPERATION IN THE theft or vandalism of archeological or cul- not possible to provide advance notice. tural resources located in or on such Tract GREAT LAKES. SEC. 541. PORT COORDINATION COUNCIL FOR The Howard Coble Coast Guard and Mari- that took place prior to conveyance under POINT SPENCER. this subtitle. time Transportation Act of 2014 (Public Law (a) ESTABLISHMENT.—There is established a 113–281) is amended— SEC. 538. MAPS AND LEGAL DESCRIPTIONS. Port Coordination Council for the Port of (1) in section 610, by— (a) PREPARATION OF MAPS AND LEGAL DE- Point Spencer. (A) striking the section enumerator and SCRIPTIONS.—As soon as practicable after the (b) MEMBERSHIP.—The Council shall consist heading and inserting the following: date of the enactment of this Act, the Sec- of a representative appointed by each of the retary of the Interior in consultation with following: ‘‘SEC. 610. SAFE VESSEL OPERATION IN THE GREAT LAKES.’’; the Secretary shall prepare maps and legal (1) The State. (B) striking ‘‘existing boundaries and any descriptions of Tract 1, Tract 2, Tract 3, (2) BSNC. future expanded boundaries of the Thunder Tract 4, Tract 5, and Tract 6. In doing so, the (c) DUTIES.—The duties of the Council are Bay National Marine Sanctuary and Under- Secretary of the Interior may use metes and as follows: water Preserve’’ and inserting ‘‘boundaries bounds legal descriptions based upon the of- (1) To develop a Port Management Coordi- of any national marine sanctuary that pre- ficial survey plats of Point Spencer accepted nation Plan to help coordinate infrastruc- serves shipwrecks or maritime heritage in by the Bureau of Land Management on De- ture development and operations at the Port the Great Lakes’’; and cember 6, 1978, and on information provided of Point Spencer, that includes plans for— (C) inserting before the period at the end by the Secretary. (A) construction; the following: ‘‘, unless the designation docu- (b) SURVEY.—Not later than 5 years after (B) funding eligibility; ments for such sanctuary do not allow tak- the date of the enactment of this Act, the (C) land use planning and development; and ing up or discharging ballast water in such Secretary of the Interior shall survey Tracts (D) public interest use and access, emer- sanctuary’’; and conveyed under this subtitle and patent the gency preparedness, law enforcement, pro- (2) in the table of contents in section 2, by Tracts in accordance with the official plats tection of Alaska Native archaeological and striking the item relating to such section of survey. cultural resources, and other matters that and inserting the following: (c) LEGAL EFFECT.—The maps and legal de- are necessary for public and private entities scriptions prepared under subsection (a) and to function in proximity together in a re- ‘‘Sec. 610. Safe vessel operation in the Great the surveys prepared under subsection (b) mote location. Lakes.’’. shall have the same force and effect as if the (2) Update the Plan annually for the first 5 SEC. 603. USE OF VESSEL SALE PROCEEDS. maps and legal descriptions were included in years after the date of the enactment of this (a) AUDIT.—The Comptroller General of the this Act. Act and biennially thereafter. United States shall conduct an audit of funds (d) CORRECTIONS.—The Secretary of the In- (3) Facilitate coordination among BSNC, credited in each fiscal year after fiscal year terior may correct any clerical and typo- the State, and the Coast Guard, on the devel- 2004 to the Vessel Operations Revolving Fund graphical errors in the maps and legal de- opment and use of the land and coastline as that are attributable to the sale of obsolete scriptions prepared under subsection (a) and such development relates to activities at the vessels in the National Defense Reserve the surveys prepared under subsection (b). Port of Point Spencer. Fleet that were scrapped or sold under sec- (e) AVAILABILITY.—Copies of the maps and (4) Assess the need, benefits, efficacy, and tions 57102, 57103, and 57104 of title 46, United legal descriptions prepared under subsection desirability of establishing in the future a States Code, including— (a) and the surveys prepared under sub- port authority at Point Spencer under State (1) a complete accounting of all vessel sale section (b) shall be available for public in- law and act upon that assessment, as appro- proceeds attributable to the sale of obsolete spection in the appropriate offices of— priate, including taking steps for the poten- vessels in the National Defense Reserve (1) the Bureau of Land Management; and tial formation of such a port authority. Fleet that were scrapped or sold under sec- (2) the Coast Guard. (d) PLAN.—In addition to the requirements tions 57102, 57103, and 57104 of title 46, United SEC. 539. CHARGEABILITY FOR LAND CONVEYED. under subsection (c)(1) to the greatest extent States Code, in each fiscal year after fiscal (a) CONVEYANCES TO ALASKA.—The Sec- practicable, the Plan developed by the Coun- year 2004; retary of the Interior shall charge any con- cil shall facilitate and support the statutory (2) the annual apportionment of proceeds veyance of land conveyed to the State of missions and duties of the Coast Guard and accounted for under paragraph (1) among the Alaska pursuant to this subtitle against the operations of the Coast Guard in the Arctic. uses authorized under section 308704 of title State’s remaining entitlement under section (e) COSTS.—Operations and management 54, United States Code, in each fiscal year 6(b) of the Act of July 7, 1958 (commonly costs for airstrips, runways, and taxiways at after fiscal year 2004, including—

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.053 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8905 (A) for National Maritime Heritage Grants, tic nations, and with nations that conduct ternatives for carrying out that mission, in- including a list of all annual National Mari- research in the Arctic. cluding satellite surveillance technology. time Heritage Grant grant and subgrant (b) INCLUDED COSTS.—For purposes of sub- (b) ALTERNATIVES.—The report required by awards that identifies the respective grant section (a), the assessment shall include subsection (a) shall include whether an alter- and subgrant recipients and grant and costs incurred by the Federal Government native— subgrant amounts; for— (1) provides timely data on ice conditions (B) for the preservation and presentation (1) the lease or operation and maintenance with the highest possible resolution and ac- to the public of maritime heritage property of the vessel or vessels concerned; curacy; of the Maritime Administration; (2) disposal of such vessels at the end of the (2) is able to operate in all weather condi- (C) to the United States Merchant Marine useful life of the vessels; tions or any time of day; and Academy and State maritime academies, in- (3) retirement and other benefits for Fed- (3) is more cost effective than the cost of cluding a list of annual awards; and eral employees who operate such vessels; and current operations. (D) for the acquisition, repair, recondi- (4) interest payments assumed to be in- SEC. 607. ASSESSMENT OF OIL SPILL RESPONSE tioning, or improvement of vessels in the Na- curred for Federal capital expenditures. AND CLEANUP ACTIVITIES IN THE tional Defense Reserve Fleet; and (c) ASSUMPTIONS.—For purposes of com- GREAT LAKES. (3) an accounting of proceeds, if any, at- paring the costs of such alternatives, the (a) ASSESSMENT.—The Commandant of the tributable to the sale of obsolete vessels in Academy shall assume that— Coast Guard, in consultation with the Ad- the National Defense Reserve Fleet that (1) each vessel under consideration is— ministrator of the National Oceanic and At- were scrapped or sold under sections 57102, (A) capable of breaking out McMurdo Sta- mospheric Administration and the head of 57103, and 57104 of title 46, United States tion and conducting Coast Guard missions in any other agency the Commandant deter- Code, in each fiscal year after fiscal year the Antarctic, and in the United States ter- mines appropriate, shall conduct an assess- 2004, that were expended for uses not author- ritory in the Arctic (as that term is defined ment of the effectiveness of oil spill response ized under section 308704 of title 54, United in section 112 of the Arctic Research and Pol- activities specific to the Great Lakes. Such assessment shall include— States Code. icy Act of 1984 (15 U.S.C. 4111)); and (b) SUBMISSION TO CONGRESS.—Not later (B) operated for a period of 30 years; (1) an evaluation of new research into oil than 180 days after the date of the enactment (2) the acquisition of services and the oper- spill impacts in fresh water under a wide this Act, the Comptroller General shall sub- ation of each vessel begins on the same date; range of conditions; and mit the audit conducted in subsection (a) to and (2) an evaluation of oil spill prevention and the Committee on Armed Services, the Com- (3) the periods for conducting Coast Guard clean up contingency plans, in order to im- mittee on Natural Resources, and the Com- missions in the Arctic are of equal lengths. prove understanding of oil spill impacts in mittee on Transportation and Infrastructure (d) USE OF INFORMATION.—In formulating the Great Lakes and foster innovative im- of the House of Representatives and the cost pursuant to subsection (a), the National provements to safety technologies and envi- Committee on Commerce, Science, and Academy of Sciences may utilize informa- ronmental protection systems. Transportation of the Senate. tion from other Coast Guard reports, assess- (b) REPORT TO CONGRESS.—Not later than 2 years after the date of the enactment of this SEC. 604. NATIONAL ACADEMY OF SCIENCES ments, or analyses regarding existing Coast Act, the Commandant of the Coast Guard COST ASSESSMENT. Guard Polar class icebreakers or for the ac- shall submit to the Congress a report on the (a) COST ASSESSMENT.—The Secretary of quisition of a polar icebreaker for the Fed- results of the assessment required by sub- the department in which the Coast Guard is eral Government. operating shall seek to enter into an ar- section (a). SEC. 605. COASTWISE ENDORSEMENTS. rangement with the National Academy of SEC. 608. REPORT ON STATUS OF TECHNOLOGY Sciences under which the Academy, by no (a) ‘‘ELETTRA III’’.— DETECTING PASSENGERS WHO later than 365 days after the date of the en- (1) IN GENERAL.—Notwithstanding sections HAVE FALLEN OVERBOARD. actment of this Act, shall submit to the 12112 and 12132, of title 46, United States Not later than 18 months after the date of Committee on Transportation and Infra- Code, and subject to paragraphs (2) and (3), the enactment of this Act, the Commandant structure and the Committee on Science, the Secretary of the department in which of the Coast Guard shall submit a report to Space, and Technology of the House of Rep- the Coast Guard is operating may issue a the Committee on Commerce, Science, and resentatives and the Committee on Com- certificate of documentation with a coast- Transportation of the Senate and the Com- merce, Science, and Transportation of the wise endorsement for the vessel M/V Elettra mittee on Transportation and Infrastructure Senate an assessment of the costs incurred III (United States official number 694607). of the House of Representatives that— by the Federal Government to carry out (2) LIMITATION ON OPERATION.—Coastwise (1) describes the status of technology for polar icebreaking missions. The assessment trade authorized under a certificate of docu- immediately detecting passengers who have shall— mentation issued under paragraph (1) shall fallen overboard; (1) describe current and emerging require- be limited to the carriage of passengers and (2) includes a recommendation to cruise ments for the Coast Guard’s polar equipment in association with the operation lines on the feasibility of implementing icebreaking capabilities, taking into account of the vessel in the Puget Sound region to technology that immediately detects pas- the rapidly changing ice cover in the Arctic support marine and maritime science edu- sengers who have fallen overboard, factoring environment, national security consider- cation. in cost and the risk of false positives; ations, and expanding commercial activities (3) TERMINATION OF EFFECTIVENESS OF CER- (3) includes data collected from cruise lines in the Arctic and Antarctic, including ma- TIFICATE.—A certificate of documentation on the status of the integration of the tech- rine transportation, energy development, issued under paragraph (1) shall expire on nology described in paragraph (2) on cruise fishing, and tourism; the earlier of— ships, including— (2) identify potential design, procurement, (A) the date of the sale of the vessel or the (A) the number of cruise ships that have leasing, service contracts, crewing, and tech- entity that owns the vessel; the technology to capture images of pas- nology options that could minimize life- (B) the date any repairs or alterations are sengers who have fallen overboard; and cycle costs and optimize efficiency and reli- made to the vessel outside of the United (B) the number of cruise lines that have ability of Coast Guard polar icebreaker oper- States; or tested technology that can detect passengers ations in the Arctic and Antarctic; and (C) the date the vessel is no longer oper- who have fallen overboard; and (3) examine— ated as a vessel in the Puget Sound region to (4) includes information on any other (A) Coast Guard estimates of the procure- support the marine and maritime science available technologies that cruise ships ment and operating costs of a Polar ice- education. could integrate to assist in facilitating the breaker capable of carrying out Coast Guard (b) ‘‘F/V RONDYS’’.—Notwithstanding sec- search and rescue of a passenger who has maritime safety, national security, and tion 12132 of title 46, United States Code, the fallen overboard. stewardship responsibilities including— Secretary of the department in which the SEC. 609. VENUE. (i) economies of scale that might be Coast Guard is operating may issue a certifi- Section 311(d) of the Magnuson-Stevens achieved for construction of multiple ves- cate of documentation with a coastwise en- Fishery Conservation and Management Act sels; and dorsement for the F/V Rondys (O.N. 291085) (16 U.S.C. 1861(d)) is amended by striking the (ii) costs of renovating existing polar class SEC. 606. INTERNATIONAL ICE PATROL. second sentence and inserting ‘‘In the case of icebreakers to operate for a period of no less (a) REQUIREMENT FOR REPORT.—Not later Hawaii or any possession of the United than 10 years. than 180 days after the date of the enactment States in the Pacific Ocean, the appropriate (B) the incremental cost to augment the of this Act, the Commandant of the Coast court is the United States District Court for design of such an icebreaker for multiuse ca- Guard shall submit to the Committee on the District of Hawaii, except that in the pabilities for scientific missions; Commerce, Science, and Transportation of case of Guam and Wake Island, the appro- (C) the potential to offset such incre- the Senate and the Committee on Transpor- priate court is the United States District mental cost through cost-sharing agree- tation and Infrastructure and the Committee Court for the District of Guam, and in the ments with other Federal departments and on Science, Space, and Technology of the case of the Northern Mariana Islands, the ap- agencies; and House of Representatives a report that de- propriate court is the United States District (D) United States polar icebreaking capa- scribes the current operations to perform the Court for the District of the Northern Mar- bility in comparison with that of other Arc- International Ice Patrol mission and on al- iana Islands.’’.

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.053 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8906 CONGRESSIONAL RECORD — SENATE December 18, 2015 SEC. 610. DISPOSITION OF INFRASTRUCTURE RE- Section 93(a) of title 14, United States Code, Substance Abuse and Mental Health Services LATED TO E-LORAN. is amended by striking ‘‘and’’ after the semi- Administration. (a) DISPOSITION OF INFRASTRUCTURE.— colon at the end of paragraph (23), by strik- (2) ASSESSMENT OF PERFORMANCE (1) IN GENERAL.—Chapter 17 of title 14, ing the period at the end of paragraph (24) METRICS.—The evaluation conducted under United States Code, is amended by adding at and inserting ‘‘; and’’, and by adding at the paragraph (1) shall include an assessment of the end the following: end the following the following: the use of performance metrics to evaluate ‘‘§ 681. Disposition of infrastructure related to ‘‘(25) enter into cooperative agreements, activities carried out by entities receiving E–LORAN contracts, and other agreements with Fed- grants, contracts, or cooperative agreements ‘‘(a) IN GENERAL.—The Secretary may not eral entities and other public or private enti- related to mental illness or substance use carry out activities related to the disman- ties, including academic entities, to develop disorders under title V or title XIX of the tling or disposal of infrastructure comprising a positioning, navigation, and timing system Public Health Service Act (42 U.S.C. 290aa et the LORAN–C system until the date on to provide redundant capability in the event seq.; 42 U.S.C. 300w et seq.). which the Secretary provides to the Com- Global Positioning System signals are dis- (3) RECOMMENDATIONS.—The evaluation mittee on Transportation and Infrastructure rupted, which may consist of an enhanced conducted under paragraph (1) shall include and the Committee on Appropriations of the LORAN system.’’. recommendations for the use of performance House of Representatives and the Committee SEC. 611. PARKING. metrics to improve the quality of programs on Commerce, Science, and Transportation Section 611(a) of the Howard Coble Coast related to the prevention and treatment of and the Committee on Appropriations of the Guard and Maritime Transportation Act of mental illness and substance use disorders. Senate notice of a determination by the Sec- 2014 (Public Law 113–281; 128 Stat. 3064) is (b) USE OF PERFORMANCE METRICS.—Not retary that such infrastructure is not re- amended by adding at the end the following: later than 1 year after the date of enactment quired to provide a positioning, navigation, ‘‘(3) REIMBURSEMENT.—Through September of this Act, the Secretary of Health and and timing system to provide redundant ca- 30, 2017, additional parking made available Human Services, acting through the Admin- pability in the event the Global Positioning under paragraph (2) shall be made available istrator of the Substance Abuse and Mental System signals are disrupted. at no cost to the Coast Guard or members Health Services Administration, shall ad- ‘‘(b) EXCEPTION.—Subsection (a) does not and employees of the Coast Guard.’’. vance, through existing programs, the use of apply to activities necessary for the safety of SEC. 612. INAPPLICABILITY OF LOAD LINE RE- performance metrics, taking into consider- human life. QUIREMENTS TO CERTAIN UNITED ation the recommendations under subsection ‘‘(c) DISPOSITION OF PROPERTY.— STATES VESSELS TRAVELING IN THE (a)(3), to improve programs related to the ‘‘(1) IN GENERAL.—On any date after the no- GULF OF MEXICO. prevention and treatment of mental illness tification is made under subsection (a), the Section 5102(b) of title 46, United States and substance use disorders. Administrator of General Services, acting on Code, is amended by adding at the end the f behalf of the Secretary, may, notwith- following: standing any other provision of law, sell any ‘‘(13) a vessel of the United States on a do- PRIVILEGES OF THE FLOOR real and personal property under the admin- mestic voyage that is within the Gulf of Mr. REID. Mr. President, I ask unan- istrative control of the Coast Guard and used Mexico and operating not more than 15 nau- imous consent that Ryan Willbrand, a for the LORAN–C system, subject to such tical miles seaward of the base line from congressional fellow in Senator KAINE’s terms and conditions that the Secretary be- which the territorial sea of the United lieves to be necessary to protect government States is measured between Crystal Bay, office, be granted floor privileges for interests and program requirements of the Florida and Hudson Creek, Florida.’’. the remainder of the session today. Coast Guard. The PRESIDING OFFICER. Without ‘‘(2) AVAILABILITY OF PROCEEDS.— SA 2942. Mr. PERDUE (for Ms. MUR- objection, it is so ordered. ‘‘(A) AVAILABILITY OF PROCEEDS.—The pro- KOWSKI (for herself, Ms. WARREN, Mr. f ceeds of such sales, less the costs of sale in- SANDERS, Mr. WHITEHOUSE, Ms. COL- GRANTS OVERSIGHT AND NEW curred by the General Services Administra- LINS, and Mr. REED)) proposed an tion, shall be deposited as offsetting collec- amendment to the bill S. 1893, to reau- EFFICIENCY ACT tions into the Coast Guard ‘Environmental Mr. PERDUE. Mr. President, I ask Compliance and Restoration’ account and, thorize and improve programs related without further appropriation, shall be avail- to mental health and substance use dis- unanimous consent that the Senate able until expended for— orders; as follows: proceed to the immediate consider- ‘‘(i) environmental compliance and res- On page 22, line 22, strike ‘‘$23,500,000’’ and ation of Calendar No. 303, S. 1115. toration purposes associated with the insert ‘‘$30,000,000’’. The PRESIDENT pro tempore. The LORAN–C system; clerk will report the bill by title. ‘‘(ii) the costs of securing and maintaining SA 2943. Mr. PERDUE (for Mr. LEE) The senior assistant legislative clerk equipment that may be used as a backup to proposed an amendment to the bill S. read as follows: the Global Positioning System or to meet 1893, to reauthorize and improve pro- A bill (S. 1115) to close out expired, empty any other Federal navigation requirement; grams related to mental health and ‘‘(iii) the demolition of improvements on grant accounts. such real property; and substance use disorders; as follows: There being no objection, the Senate ‘‘(iv) the costs associated with the sale of On page 22, strike line 2 and insert the fol- proceeded to consider the bill, which such real and personal property, including lowing: ‘‘through 2020. had been reported from the Committee due diligence requirements, necessary envi- ‘‘(d) ANNUAL REPORT.—Not later than 2 on Homeland Security and Govern- years after the date of enactment of this sub- ronmental remediation, and reimbursement mental Affairs, with an amendment to of expenses incurred by the General Services section, the Secretary shall submit to Con- Administration. gress a report on the activities carried out strike all after the enacting clause and ‘‘(B) OTHER ENVIRONMENTAL COMPLIANCE by the center established under subsection insert in lieu thereof the following: AND RESTORATION ACTIVITIES.—After the com- (a) during the year involved, including the SECTION 1. SHORT TITLE. pletion of activities described in subpara- potential impacts of such activities, and the This Act may be cited as the ‘‘Grants Over- graph (A), the unexpended balances of such States, organizations, and institutions that sight and New Efficiency Act’’ or the ‘‘GONE proceeds shall be available for any other en- have worked with the center.’’. Act’’. vironmental compliance and restoration ac- On page 22, between lines 17 and 18, insert SEC. 2. IDENTIFYING AND CLOSING OUT EXPIRED tivities of the Coast Guard.’’ the following: GRANTS. (2) CLERICAL AMENDMENT.—The analysis at (3) in subsection (g)(2), by striking ‘‘2 years (a) EXPIRED GRANT REPORT.— the beginning of such chapter is amended by after the date of enactment of this section,’’ (1) IN GENERAL.—Not later than 180 days after adding at the end the following: and insert ‘‘2 years after the date of enact- the date of enactment of this Act, the Director ‘‘681. Disposition of infrastructure related to ment of the Mental Health Awareness and of the Office of Management and Budget shall E–LORAN.’’. Improvement Act of 2015,’’. instruct the head of each agency, in coordina- (3) CONFORMING REPEALS.— On page 36, after line 15, add the following: tion with the Secretary, to submit to Congress (A) Section 229 of the Howard Coble Coast SEC. 11. PERFORMANCE METRICS. and the Secretary a report, not later than De- Guard and Maritime Transportation Act of (a) EVALUATION OF CURRENT PROGRAMS.— cember 31 of the first calendar year beginning 2014 (Public Law 113–281; 128 Stat. 3040), and (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, that— the item relating to that section in section 2 after the date of enactment of this Act, the (A) lists each covered grant held by the of such Act, are repealed. Assistant Secretary for Planning and Eval- United States Government; (B) Subsection 559(e) of the Department of uation of the Department of Health and (B) recommends which of the covered grants Homeland Security Appropriations Act, 2010 Human Services shall conduct an evaluation described in subparagraph (A) should be closed; (Public Law 111–83; 123 Stat. 2180) is repealed. of the impact of activities related to the pre- and (b) AGREEMENTS TO DEVELOP BACKUP POSI- vention and treatment of mental illness and (C) for each covered grant, explains why the TIONING, NAVIGATION, AND TIMING SYSTEM.— substance use disorders conducted by the covered grant has not been closed out.

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 6333 E:\CR\FM\A18DE6.053 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8907 (2) USE OF DATA SYSTEMS.—An agency may (ii) with zero dollar balances; and The bill (S. 1115), as amended, was or- use existing multiagency data systems in order (iii) with undisbursed balances; dered to be engrossed for a third read- to submit the report required under paragraph (C) for an agency with Federal grant ing, was read the third time, and (1). awards, describes the challenges leading to (3) EXPLANATION OF MISSING INFORMATION.—If passed. delays in grant closeout; and The committee-reported title amend- an agency is unable to submit all of the infor- (D) for the 30 oldest Federal grant awards mation required to be included in the report of an agency, explains why each Federal ment was agreed to, as follows: under paragraph (1), the report shall include an grant award has not been closed out. Amend the title so as to read: ‘‘A bill to explanation of why the information was not (2) USE OF DATA SYSTEMS.—An agency may close out expired grants.’’. available, including any shortcomings with ex- use existing multiagency data systems in isting grant data systems. order to submit the report required under f (b) NOTICE FROM AGENCIES.— paragraph (1). (1) IN GENERAL.—Not later than 1 year after (3) EXPLANATION OF MISSING INFORMATION.— CONGRATULATING THE WOMEN’S the date on which the head of an agency sub- If the head of an agency is unable to submit mits the report required under subsection (a), VOLLEYBALL TEAM OF WHEEL- all of the information required to be in- ING JESUIT UNIVERSITY ON WIN- the head of the agency shall provide notice to cluded in the report under paragraph (1), the the Secretary specifying whether the head of the report shall include an explanation of why NING THE DIVISION II NATIONAL agency has closed out grant awards associated the information was not available, including CHAMPIONSHIP with all of the covered grants. any shortcomings with and plans to improve (2) NOTICE TO CONGRESS.—Not later than 90 Mr. PERDUE. Mr. President, I ask existing grant systems, including data sys- days after the date on which the head of an unanimous consent that the Senate tems. agency provides notice to the Secretary under proceed to the consideration of S. Res. (b) NOTICE FROM AGENCIES.— paragraph (1), the head of the agency shall pro- (1) IN GENERAL.—Not later than 1 year after 342, submitted earlier today. vide the same notice to Congress. the date on which the head of an agency sub- The PRESIDENT pro tempore. The (c) DEFINITIONS.—In this section— clerk will report the resolution by (1) the term ‘‘agency’’ has the meaning given mits the report required under subsection that term in section 551 of title 5, United States (a), the head of such agency shall provide no- title. Code; tice to the Secretary specifying whether the The legislative clerk read as follows: (2) the term ‘‘close out’’ means a close out of head of the agency has closed out grant A resolution (S. Res. 342) congratulating a grant account conducted in accordance with awards associated with all of the Federal the women’s volleyball team of Wheeling section 200 of title 2, Code of Federal Regula- grant awards in the report and which Fed- Jesuit University on winning the Division II tions, including section 200.343 of such title, or eral grant awards in the report have not been National Championship. any successor thereto; closed out. There being no objection, the Senate (3) the term ‘‘covered grant’’ means a grant in (2) NOTICE TO CONGRESS.—Not later than 90 proceeded to consider the resolution. a Federal agency cash payment management days after the date on which all of the no- Mr. PERDUE. I ask unanimous con- system held by the United States Government tices required pursuant to paragraph (1) have for which— been provided or March 31 of the calendar sent that the resolution be agreed to, (A) the grant award period of performance, year following the calendar year described in the preamble be agreed to, and the mo- including any extensions, has been expired for subsection (a)(1), whichever is sooner, the tions to reconsider be considered made not less than 2 years; and Secretary shall compile the notices sub- and laid upon the table with no inter- (B) close out has not yet occurred in accord- mitted pursuant to paragraph (1) and submit vening action or debate. ance with section 200.343 of title 2, Code of Fed- to Congress a report on such notices. The PRESIDENT pro tempore. With- eral Regulations, or any successor thereto; and (c) INSPECTOR GENERAL REVIEW.—Not later out objection, it is so ordered. (4) the term ‘‘Secretary’’ means the Secretary than 1 year after the date on which the head of Health and Human Services. The resolution (S. Res. 342) was of an agency provides notice to Congress agreed to. Mr. PERDUE. I ask unanimous con- under subsection (b)(2), the Inspector Gen- eral of an agency with more than $500,000,000 The preamble was agreed to. sent that the committee-reported sub- (The resolution, with its preamble, is stitute amendment be withdrawn; that in annual grant funding shall conduct a risk printed in today’s RECORD under ‘‘Sub- the Fischer substitute amendment be assessment to determine if an audit or re- view of the agency’s grant closeout process mitted Resolutions.’’) agreed to; that the bill, as amended, be is warranted. read a third time and passed; that the (d) REPORT ON ACCOUNTABILITY AND OVER- f committee-reported title amendment SIGHT.—Not later than 6 months after the be agreed to; and that the motions to date on which the second report is submitted PROVIDING FOR THE SINE DIE AD- reconsider be considered made and laid pursuant to subsection (b)(2), the Director of Office of Management and Budget, in con- JOURNMENT OF THE FIRST SES- upon the table. SION OF THE ONE HUNDRED The PRESIDENT pro tempore. With- sultation with the Secretary, shall submit to out objection, it is so ordered. Congress a report on recommendations, if FOURTEENTH CONGRESS The committee-reported substitute any, for legislation to improve account- Mr. PERDUE. Mr. President, I ask ability and oversight in grants management, unanimous consent that the Chair lay amendment was withdrawn. including the timely closeout of a Federal The amendment (No. 2940) in the na- grant award. before the Senate H. Con. Res. 104, ture of a substitute was agreed to, as (e) DEFINITIONS.—In this section: which was received from the House. follows: (1) AGENCY.—The term ‘‘agency’’ has the The PRESIDENT pro tempore. The (Purpose: In the nature of a substitute) meaning given that term in section 551 of clerk will report the concurrent resolu- Strike all after the enacting clause and in- title 5, United States Code. tion by title. sert the following: (2) CLOSEOUT.—The term ‘‘closeout’’ means The legislative clerk read as follows: SECTION 1. SHORT TITLE. a closeout of a Federal grant award con- A concurrent resolution (H. Con. Res. 104) This Act may be cited as the ‘‘Grants Over- ducted in accordance with part 200 of title 2, providing for the sine die adjournment of the sight and New Efficiency Act’’ or the ‘‘GONE Code of Federal Regulations, including sec- first session of the One Hundred Fourteenth Act’’. tions 200.16 and 200.343 of such title, or any Congress. successor thereto. SEC. 2. IDENTIFYING AND CLOSING OUT EXPIRED There being no objection, the Senate FEDERAL GRANT AWARDS. (3) FEDERAL GRANT AWARD.—The term (a) EXPIRED FEDERAL GRANT AWARD RE- ‘‘Federal grant award’’ means a Federal proceeded to consider the concurrent PORT.— grant award (as defined in section 200.38(a)(1) resolution. (1) IN GENERAL.—Not later than 180 days of title 2, Code of Federal Regulations, or Mr. PERDUE. Mr. President, I ask after the date of the enactment of this Act, any successor thereto), including a coopera- unanimous consent that the resolution the Director of the Office of Management tive agreement, in an agency cash payment be agreed to and the motion to recon- and Budget shall instruct the head of each management system held by the United sider be considered made and laid upon agency, in coordination with the Secretary, States Government for which— the table with no intervening action or to submit to Congress and the Secretary a (A) the grant award period of performance, debate. report, not later than December 31 of the including any extensions, has been expired The PRESIDENT pro tempore. With- first calendar year beginning after the date for more than 2 years; and of the enactment of this Act, that— (B) closeout has not yet occurred in ac- out objection, it is so ordered. (A) lists each Federal grant award held by cordance with section 200.343 of title 2, Code The concurrent resolution (H. Con. such agency; of Federal Regulations, or any successor Res. 104) was agreed to, as follows: (B) provides the total number of Federal thereto. H. CON. RES. 104 grant awards, including the number of (4) SECRETARY.—The term ‘‘Secretary’’ Resolved by the House of Representatives (the grants— means the Secretary of Health and Human Senate concurring), That when the House ad- (i) by time period of expiration; Services. journs on any legislative day from Friday,

VerDate Sep 11 2014 06:37 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.058 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8908 CONGRESSIONAL RECORD — SENATE December 18, 2015 December 18, 2015, through Saturday, Janu- Mr. PERDUE. Mr. President, I ask MEASURE READ THE FIRST ary 2, 2016, on a motion offered pursuant to unanimous consent that the Thune TIME—S. 2434 this concurrent resolution by its Majority substitute amendment be agreed to and Mr. PERDUE. Mr. President, I under- Leader or his designee, it stand adjourned the bill, as amended, be read a third sine die, or until the time of any reassembly stand that there is a bill at the desk, pursuant to section 2 of this concurrent reso- time. and I ask for its first reading. lution; and that when the Senate adjourns on The PRESIDENT pro tempore. With- The PRESIDENT pro tempore. The any day from Friday, December 18, 2015, out objection, it is so ordered. clerk will read the bill by title for the through Tuesday, December 22, 2015, on a The amendment (No. 2941) in the na- first time. motion offered pursuant to this concurrent ture of a substitute was agreed to. The senior assistant legislative clerk resolution by its Majority Leader or his des- (The amendment is printed in today’s read as follows: ignee, it stand adjourned sine die, or until RECORD under ‘‘Text of Amendments.’’) A bill (S. 2434) to provide that any execu- the time of any reassembly pursuant to sec- The amendment was ordered to be tion 3 of this concurrent resolution. tive action that infringes on the powers and duties of Congress under section 8 of article SEC. 2. (a) The Speaker or his designee, engrossed and the bill to be read a after consultation with the Minority Leader third time. I of the Constitution of the United States or of the House, shall notify the Members of the The bill was read the third time. on the Second Amendment to the Constitu- House to reassemble at such place and time Mr. PERDUE. Mr. President, I know tion of the United States has no force or ef- as he may designate if, in his opinion, the fect, and to prohibit the use of funds for cer- of no further debate on this measure. tain purposes. public interest shall warrant it. The PRESIDENT pro tempore. If Mr. PERDUE. I now ask for a second (b) After reassembling pursuant to sub- there is no further debate, the bill hav- section (a), when the House adjourns on a reading and, in order to place the bill ing been read the third time, the ques- motion offered pursuant to this subsection on the calendar under the provisions of tion is, Shall the bill pass? by its Majority Leader or his designee, the rule XIV, I object to my own request. The bill (H.R. 4188), as amended, was House shall again stand adjourned pursuant The PRESIDENT pro tempore. Objec- passed. to the first section of this concurrent resolu- tion is heard. tion. Mr. PERDUE. Mr. President, I ask The bill will be read for the second SEC. 3. (a) The Majority Leader of the Sen- unanimous consent that the motion to time on the next legislative day. ate or his designee, after concurrence with reconsider be considered made and laid the Minority Leader of the Senate, shall no- upon the table. f tify the Members of the Senate to reassem- The PRESIDENT pro tempore. With- RECESS SUBJECT TO THE CALL OF ble at such place and time as he may des- ignate if, in his opinion, the public interest out objection, it is so ordered. THE CHAIR shall warrant it. f Mr. PERDUE. Mr. President, I ask (b) After reassembling pursuant to sub- unanimous consent that the Senate section (a), when the Senate adjourns on a APPOINTMENT stand in recess subject to the call of motion offered pursuant to this subsection The PRESIDENT pro tempore. The the Chair. by its Majority Leader or his designee, the There being no objection, the Senate, Senate shall again stand adjourned pursuant Chair announces, on behalf of the ma- to the first section of this concurrent resolu- jority leader, pursuant to the provi- at 3:36 p.m., recessed subject to the call tion. sions of Public Law 106–398, as amended of the Chair and reassembled at 4:21 SEC. 4. (a) When the Senate recesses or ad- by Public Law 108–7, and in consulta- p.m. when called to order by the Pre- journs on any day of the second session of tion with the chairmen of the Senate siding Officer (Mr. BLUNT). The PRESIDING OFFICER. The Sen- the One Hundred Fourteenth Congress from Committee on Armed Services and the Sunday, January 3, 2016, through Friday, ator from Georgia. Senate Committee on Finance, the re- January 8, 2016, on a motion offered pursuant f to this concurrent resolution by its Majority appointment of the following indi- Leader or his designee, it shall stand re- vidual to serve as a member of the MENTAL HEALTH AWARENESS cessed or adjourned until noon on Monday, United States-China Economic and Se- AND IMPROVEMENT ACT OF 2015 January 11, 2016, or until such other time on curity Review Commission: James M. Mr. PERDUE. Mr. President, I ask that day as may be specified by its Majority Talent of Missouri for a term expiring unanimous consent that the Senate Leader or his designee in the motion to re- December 31, 2017. cess or adjourn, or until the time of any re- proceed to the immediate consider- assembly pursuant to subsection (b), which- f ation of Calendar No. 247, S. 1893. ever occurs first. The PRESIDING OFFICER. The (b) The Majority Leader of the Senate or APPOINTMENTS AUTHORITY clerk will report the bill by title. his designee, after concurrence with the Mi- Mr. PERDUE. Mr. President, I ask The legislative clerk read as follows: nority Leader of the Senate, shall notify the A bill (S. 1893) to reauthorize and improve Members of the Senate to reassemble at such unanimous consent that notwith- standing the upcoming adjournment of programs related to mental health and sub- place and time as he may designate if, in his stance use disorders. opinion, the public interest shall warrant it. the Senate, the President of the Sen- (c) After reassembling pursuant to sub- ate, the President pro tempore, and the There being no objection, the Senate section (b), when the Senate recesses or ad- majority and minority leaders be au- proceeded to consider the bill, which journs on a motion offered pursuant to this thorized to make appointments to com- had been reported from the Committee subsection by its Majority Leader or his des- missions, committees, boards, con- on Health, Education, Labor, and Pen- ignee, the Senate shall again stand recessed ferences, or interparliamentary con- sions, with an amendment to strike all or adjourned pursuant to subsection (a). ferences authorized by law, by concur- after the enacting clause and insert in f rent action of the two Houses, or by lieu thereof the following: COAST GUARD AUTHORIZATION order of the Senate. SECTION 1. SHORT TITLE. The PRESIDENT pro tempore. Is This Act may be cited as the Mental Health ACT OF 2015 Awareness and Improvement Act of 2015. there objection? Mr. PERDUE. Mr. President, I ask SEC. 2. GARRETT LEE SMITH MEMORIAL ACT RE- unanimous consent that the Senate Without objection, it is so ordered. AUTHORIZATION. (a) SUICIDE PREVENTION TECHNICAL ASSIST- proceed to the immediate consider- f ation of H.R. 4188, which was received ANCE CENTER.—Section 520C of the Public SIGNING AUTHORITY Health Service Act (42 U.S.C. 290bb–34) is from the House. amended— The PRESIDENT pro tempore. The Mr. PERDUE. Mr. President, I ask (1) in the section heading, by striking the sec- clerk will report the bill by title. unanimous consent that the junior tion heading and inserting ‘‘SUICIDE PRE- The senior assistant legislative clerk Senator from Arkansas and the junior VENTION TECHNICAL ASSISTANCE CEN- read as follows: Senator from West Virginia be author- TER.’’; (2) in subsection (a), by striking ‘‘and in con- A bill (H.R. 4188) to authorize appropria- ized to sign duly enrolled bills or joint sultation with’’ and all that follows through the tions for the Coast Guard for fiscal years 2016 resolutions on Friday, December 18, period at the end of paragraph (2) and inserting and 2017, and for other purposes. 2015, through Monday, January 11, 2016. ‘‘shall establish a research, training, and tech- There being no objection, the Senate The PRESIDENT pro tempore. With- nical assistance resource center to provide ap- proceeded to consider the bill. out objection, it is so ordered. propriate information, training, and technical

VerDate Sep 11 2014 06:37 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 6333 E:\CR\FM\A18DE6.064 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8909 assistance to States, political subdivisions of (3) in subsection (b)— (D) in paragraph (7), by striking ‘‘, States, federally recognized Indian tribes, tribal (A) in the matter preceding paragraph (1), by $25,000,000’’ and all that follows through the pe- organizations, institutions of higher education, striking ‘‘for—’’ and inserting ‘‘for one or more riod at the end and inserting ‘‘$15,000,000 for public organizations, or private nonprofit orga- of the following:’’; and each of fiscal years 2016 through 2020.’’. nizations regarding the prevention of suicide (B) by striking paragraphs (1) through (6) and SEC. 4. CHILDREN’S RECOVERY FROM TRAUMA. among all ages, particularly among groups that inserting the following: Section 582 of the Public Health Service Act ‘‘(1) Educating students, families, faculty, are at high risk for suicide.’’; (42 U.S.C. 290hh–1) is amended— and staff to increase awareness of mental health (3) by striking subsections (b) and (c); (1) in subsection (a), by striking ‘‘developing and substance use disorders. (4) by redesignating subsection (d) as sub- programs’’ and all that follows through the pe- section (b); ‘‘(2) The operation of hotlines. ‘‘(3) Preparing informational material. riod at the end and inserting ‘‘developing and (5) in subsection (b), as so redesignated— maintaining programs that provide for— (A) by striking the subsection heading and in- ‘‘(4) Providing outreach services to notify stu- dents about available mental health and sub- ‘‘(1) the continued operation of the National serting ‘‘RESPONSIBILITIES OF THE CENTER.’’; Child Traumatic Stress Initiative (referred to in (B) in the matter preceding paragraph (1), by stance use disorder services. ‘‘(5) Administering voluntary mental health this section as the ‘NCTSI’), which includes a striking ‘‘The additional research’’ and all that and substance use disorder screenings and as- cooperative agreement with a coordinating cen- follows through ‘‘nonprofit organizations for’’ sessments. ter, that focuses on the mental, behavioral, and and inserting ‘‘The center established under ‘‘(6) Supporting the training of students, fac- biological aspects of psychological trauma re- subsection (a) shall conduct activities for the ulty, and staff to respond effectively to students sponse, prevention of the long-term con- purpose of’’; with mental health and substance use disorders. sequences of child trauma, and early interven- (C) by striking ‘‘youth suicide’’ each place ‘‘(7) Creating a network infrastructure to link tion services and treatment to address the long- such term appears and inserting ‘‘suicide’’; colleges and universities with health care pro- term consequences of child trauma; and (D) in paragraph (1)— viders who treat mental health and substance ‘‘(2) the development of knowledge with re- (i) by striking ‘‘the development or continu- use disorders.’’; gard to evidence-based practices for identifying ation of’’ and inserting ‘‘developing and con- (4) in subsection (c)(5), by striking ‘‘substance and treating mental, behavioral, and biological tinuing’’; and abuse’’ and inserting ‘‘substance use disorder’’; disorders of children and youth resulting from (ii) by inserting ‘‘for all ages, particularly (5) in subsection (d)— witnessing or experiencing a traumatic event.’’; among groups that are at high risk for suicide’’ (A) in the matter preceding paragraph (1), by (2) in subsection (b)— before the semicolon at the end; striking ‘‘An institution of higher education de- (A) by striking ‘‘subsection (a) related’’ and (E) in paragraph (2), by inserting ‘‘for all siring a grant under this section’’ and inserting inserting ‘‘subsection (a)(2) (related’’; ages, particularly among groups that are at ‘‘To be eligible to receive a grant under this sec- (B) by striking ‘‘treating disorders associated high risk for suicide’’ before the semicolon at tion, an institution of higher education’’; with psychological trauma’’ and inserting the end; (B) in paragraph (1)— ‘‘treating mental, behavioral, and biological dis- (F) in paragraph (3), by inserting ‘‘and trib- (i) by striking ‘‘and behavioral health’’ and orders associated with psychological trauma)’’; al’’ after ‘‘statewide’’; inserting ‘‘health and substance use disorder’’; and (G) in paragraph (5), by inserting ‘‘and pre- and (C) by striking ‘‘mental health agencies and vention’’ after ‘‘intervention’’; (ii) by inserting ‘‘, including veterans when- programs that have established clinical and (H) in paragraph (8), by striking ‘‘in youth’’; ever possible and appropriate,’’ after ‘‘stu- basic research’’ and inserting ‘‘universities, hos- (I) in paragraph (9), by striking ‘‘and behav- dents’’; and ioral health’’ and inserting ‘‘health and sub- (C) in paragraph (2), by inserting ‘‘, which pitals, mental health agencies, and other pro- stance use disorder’’; and may include, as appropriate and in accordance grams that have established clinical expertise (J) in paragraph (10), by inserting ‘‘con- with subsection (b)(7), a plan to seek input from and research’’; ducting’’ before ‘‘other’’; and relevant stakeholders in the community, includ- (3) by redesignating subsections (c) through (6) by striking subsection (e) and inserting the ing appropriate public and private entities, in (g) as subsections (g) through (k), respectively; following: order to carry out the program under the grant’’ (4) by inserting after subsection (b), the fol- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— before the period at the end; lowing: For the purpose of carrying out this section, (6) in subsection (e)(1), by striking ‘‘and be- ‘‘(c) CHILD OUTCOME DATA.—The NCTSI co- there are authorized to be appropriated havioral health problems’’ and inserting ordinating center shall collect, analyze, and re- $6,000,000 for each of fiscal years 2016 through ‘‘health and substance use disorders’’; port NCTSI-wide child treatment process and 2020.’’. (7) in subsection (f)(2)— outcome data regarding the early identification (b) YOUTH SUICIDE EARLY INTERVENTION AND (A) by striking ‘‘and behavioral health’’ and and delivery of evidence-based treatment and PREVENTION STRATEGIES.—Section 520E of the inserting ‘‘health and substance use disorder’’; services for children and families served by the Public Health Service Act (42 U.S.C. 290bb–36) is and NCTSI grantees. amended— (B) by striking ‘‘suicide and substance abuse’’ ‘‘(d) TRAINING.—The NCTSI coordinating cen- (1) in paragraph (1) of subsection (a) and in and inserting ‘‘suicide and substance use dis- ter shall facilitate the coordination of training subsection (c), by striking ‘‘substance abuse’’ orders’’; and initiatives in evidence-based and trauma-in- each place such term appears and inserting (8) in subsection (h), by striking ‘‘$5,000,000 formed treatments, interventions, and practices ‘‘substance use disorder’’; for fiscal year 2005’’ and all that follows offered to NCTSI grantees, providers, and part- (2) in subsection (b)(2)— through the period at the end and inserting ners. (A) by striking ‘‘each State is awarded only 1 ‘‘$6,500,000 for each of fiscal years 2016 through ‘‘(e) DISSEMINATION AND COLLABORATION.— grant or cooperative agreement under this sec- 2020.’’. The NCTSI coordinating center shall, as appro- tion’’ and inserting ‘‘a State does not receive SEC. 3. MENTAL HEALTH AWARENESS TRAINING priate, collaborate with— more than 1 grant or cooperative agreement GRANTS. ‘‘(1) the Secretary, in the dissemination of evi- under this section at any 1 time’’; and Section 520J of the Public Health Service Act dence-based and trauma-informed interventions, (B) by striking ‘‘been awarded’’ and inserting (42 U.S.C. 290bb–41) is amended— treatments, products, and other resources to ap- ‘‘received’’; and (1) in the section heading, by inserting ‘‘MEN- propriate stakeholders; and (3) by striking subsection (m) and inserting TAL HEALTH AWARENESS’’ before ‘‘TRAIN- ‘‘(2) appropriate agencies that conduct or the following: ING’’; and fund research within the Department of Health (2) in subsection (b)— ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— and Human Services, for purposes of sharing (A) in the subsection heading, by striking For the purpose of carrying out this section, NCTSI expertise, evaluation data, and other ac- ‘‘ILLNESS’’ and inserting ‘‘HEALTH’’; tivities, as appropriate. there are authorized to be appropriated (B) in paragraph (1), by inserting ‘‘and other ‘‘(f) REVIEW.—The Secretary shall, consistent $23,500,000 for each of fiscal years 2016 through categories of individuals, as determined by the with the peer review process, ensure that NCTSI 2020.’’. Secretary,’’ after ‘‘emergency services per- applications are reviewed by appropriate experts (c) MENTAL HEALTH AND SUBSTANCE USE DIS- sonnel’’; ORDER SERVICES.—Section 520E–2 of the Public (C) in paragraph (5)— in the field as part of a consensus review proc- Health Service Act (42 U.S.C. 290bb–36b) is (i) in the matter preceding subparagraph (A), ess. The Secretary shall include review criteria amended— by striking ‘‘to’’ and inserting ‘‘for evidence- related to expertise and experience in child trau- (1) in the section heading, by striking ‘‘AND based programs for the purpose of’’; and ma and evidence-based practices.’’; BEHAVIORAL HEALTH’’ and inserting (ii) by striking subparagraphs (A) through (C) (5) in subsection (g) (as so redesignated), by ‘‘HEALTH AND SUBSTANCE USE DIS- and inserting the following: striking ‘‘with respect to centers of excellence ORDER’’; ‘‘(A) recognizing the signs and symptoms of are distributed equitably among the regions of (2) in subsection (a)— mental illness; and the country’’ and inserting ‘‘are distributed eq- (A) by striking ‘‘Services,’’ and inserting ‘‘(B)(i) providing education to personnel re- uitably among the regions of the United States’’; ‘‘Services and’’; garding resources available in the community (6) in subsection (i) (as so redesignated), by (B) by striking ‘‘and behavioral health prob- for individuals with a mental illness and other striking ‘‘recipient may not exceed 5 years’’ and lems’’ and inserting ‘‘health or substance use relevant resources; or inserting ‘‘recipient shall not be less than 4 disorders’’; and ‘‘(ii) the safe de-escalation of crisis situations years, but shall not exceed 5 years’’; and (C) by striking ‘‘substance abuse’’ and insert- involving individuals with a mental illness.’’; (7) in subsection (j) (as so redesignated), by ing ‘‘substance use disorders’’; and striking ‘‘$50,000,000’’ and all that follows

VerDate Sep 11 2014 06:37 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 6333 E:\CR\FM\A18DE6.065 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8910 CONGRESSIONAL RECORD — SENATE December 18, 2015 through ‘‘2006’’ and inserting ‘‘$46,000,000 for (2) the role of adherence in the treatment of (A) school violence; and each of fiscal years 2016 through 2020’’. opioid use disorders and methods to reduce (B) mental illness. SEC. 5. ASSESSING BARRIERS TO BEHAVIORAL opioid use disorders; and Mr. PERDUE. Mr. President, I ask HEALTH INTEGRATION. (3) recommendations on priorities and strate- unanimous consent that the Mur- (a) IN GENERAL.—Not later than 2 years after gies to address co-occurring substance use dis- the date of enactment of this Act, the Comp- orders and mental illnesses. kowski amendment and the Lee amendment, which are at the desk, be troller General of the United States shall submit SEC. 7. EXAMINING MENTAL HEALTH CARE FOR a report to the Committee on Health, Education, CHILDREN. agreed to; that the substitute amend- Labor, and Pensions of the Senate and the Com- (a) IN GENERAL.—Not later than 1 year after ment, as amended, be agreed to; that mittee on Energy and Commerce of the House of the date of enactment of this Act, the Comp- the bill, as amended, be read a third Representatives concerning Federal require- troller General of the United States shall con- time and passed; and that the motion ments that impact access to treatment of mental duct an independent evaluation, and submit to to reconsider be considered made and health and substance use disorders related to in- the Committee on Health, Education, Labor, tegration with primary care, administrative and laid upon the table. and Pensions of the Senate and the Committee The PRESIDING OFFICER. Without regulatory issues, quality measurement and ac- on Energy and Commerce of the House of Rep- countability, and data sharing. resentatives, a report concerning the utilization objection, it is so ordered. (b) CONTENTS.—The report submitted under of mental health services for children, including The amendment (No. 2942) was agreed subsection (a) shall include the following: the usage of psychotropic medications. to, as follows: (1) An evaluation of the administrative or reg- (b) CONTENT.—The report submitted under (Purpose: To increase amounts authorized to ulatory burden on behavioral health care pro- subsection (a) shall review and assess— be appropriated for youth suicide early viders. (1) the ways in which children access mental (2) The identification of outcome and quality intervention and prevention strategies health care, including information on whether measures relevant to integrated health care, grants) children are treated by primary care or specialty evaluation of the data collection burden on be- On page 22, line 22, strike ‘‘$23,500,000’’ and providers, what types of referrals for additional havioral health care providers, and any alter- insert ‘‘$30,000,000’’. care are recommended, and any barriers to ac- native methods for evaluation. The amendment (No. 2943) was agreed (3) An analysis of the degree to which elec- cessing this care; (2) the extent to which children are prescribed to, as follows: tronic data standards, including interoperability (Purpose: To provide for improved reporting) and meaningful use includes behavioral health psychotropic medications in the United States measures, and an analysis of strategies to ad- including the frequency of concurrent medica- On page 22, strike line 2 and insert the fol- dress barriers to health information exchange tion usage; and lowing: ‘‘through 2020. (3) the tools, assessments, and medications posed by part 2 of title 42, Code of Federal Reg- ‘‘(d) ANNUAL REPORT.—Not later than 2 that are available and used to diagnose and ulations. years after the date of enactment of this sub- (4) An analysis of the degree to which Federal treat children with mental health disorders. section, the Secretary shall submit to Con- rules and regulations for behavioral and phys- SEC. 8. EVIDENCE BASED PRACTICES FOR OLDER gress a report on the activities carried out ical health care are aligned, including rec- ADULTS. by the center established under subsection ommendations to address any identified bar- Section 520A(e) of the Public Health Service (a) during the year involved, including the riers. Act (42 U.S.C. 290bb-32(e)) is amended by adding potential impacts of such activities, and the (5) An analysis of the challenges to behavioral at the end the following: States, organizations, and institutions that health and primary care integration faced by ‘‘(3) GERIATRIC MENTAL HEALTH DISORDERS.— have worked with the center.’’. providers in rural areas. The Secretary shall, as appropriate, provide On page 22, between lines 17 and 18, insert SEC. 6. INCREASING EDUCATION AND AWARE- technical assistance to grantees regarding evi- the following: NESS OF TREATMENTS FOR OPIOID dence-based practices for the prevention and (3) in subsection (g)(2), by striking ‘‘2 years USE DISORDERS. treatment of geriatric mental health disorders after the date of enactment of this section,’’ (a) IN GENERAL.—In order to improve the and co-occurring mental health and substance and insert ‘‘2 years after the date of enact- quality of care delivery and treatment outcomes use disorders among geriatric populations, as ment of the Mental Health Awareness and among patients with opioid use disorders, the well as disseminate information about such evi- Improvement Act of 2015,’’. Secretary of Health and Human Services (re- dence-based practices to States and nongrantees On page 36, after line 15, add the following: ferred to in this section as the ‘‘Secretary’’), act- throughout the United States.’’. SEC. 11. PERFORMANCE METRICS. ing through the Administrator for the Substance SEC. 9. NATIONAL VIOLENT DEATH REPORTING (a) EVALUATION OF CURRENT PROGRAMS.— Abuse and Mental Health Services Administra- SYSTEM. (1) IN GENERAL.—Not later than 180 days tion, may advance, through existing programs The Secretary of Health and Human Services, after the date of enactment of this Act, the as appropriate, the education and awareness of acting through the Director of the Centers for Assistant Secretary for Planning and Eval- providers, patients, and other appropriate Disease Control and Prevention, is encouraged uation of the Department of Health and stakeholders regarding all products approved by to improve, particularly through the inclusion Human Services shall conduct an evaluation the Food and Drug Administration to treat of additional States, the National Violent Death of the impact of activities related to the pre- opioid use disorders. Reporting System as authorized by title III of vention and treatment of mental illness and (b) ACTIVITIES.—The activities described in the Public Health Service Act (42 U.S.C. 241 et substance use disorders conducted by the subsection (a) may include— seq.). Participation in the system by the States Substance Abuse and Mental Health Services (1) disseminating evidence-based practices for shall be voluntary. Administration. the treatment of opioid use disorders; (2) ASSESSMENT OF PERFORMANCE (2) facilitating continuing education programs SEC. 10. GAO STUDY ON VIRGINIA TECH REC- OMMENDATIONS. METRICS.—The evaluation conducted under for health professionals involved in treating (a) IN GENERAL.—Not later than 1 year after paragraph (1) shall include an assessment of opioid use disorders; (3) increasing awareness among relevant the date of enactment of this Act, the Comp- the use of performance metrics to evaluate stakeholders of the treatment of opioid use dis- troller General of the United States shall con- activities carried out by entities receiving orders; duct an independent evaluation, and submit to grants, contracts, or cooperative agreements (4) assessing current barriers to the treatment the appropriate committees of Congress a report related to mental illness or substance use of opioid use disorders for patients and pro- concerning the status of implementation of rec- disorders under title V or title XIX of the viders and development and implementation of ommendations made in the report to the Presi- Public Health Service Act (42 U.S.C. 290aa et strategies to mitigate such barriers; and dent, On Issues Raised by the Virginia Tech seq.; 42 U.S.C. 300w et seq.). (5) continuing innovative approaches to the Tragedy, by the Secretaries of Health and (3) RECOMMENDATIONS.—The evaluation treatment of opioid use disorders in various Human Services and Education and the Attor- conducted under paragraph (1) shall include treatment settings, such as prisons, community ney General of the United States, submitted to recommendations for the use of performance mental health centers, primary care, and hos- the President on June 13, 2007. metrics to improve the quality of programs pitals. (b) CONTENT.—The report submitted to the related to the prevention and treatment of (c) REPORT.—Not later than 1 year after the committees of Congress under subsection (a) mental illness and substance use disorders. date of enactment of this Act, if the Secretary shall review and assess— (b) USE OF PERFORMANCE METRICS.—Not carries out the activities under this section, the (1) the extent to which the recommendations later than 1 year after the date of enactment Secretary shall submit to the Committee on in the report that include participation by the of this Act, the Secretary of Health and Health, Education, Labor, and Pensions of the Department of Health and Human Services were Human Services, acting through the Admin- Senate and the Committee on Energy and Com- implemented; istrator of the Substance Abuse and Mental merce of the House of Representatives a report (2) whether there are any barriers to imple- Health Services Administration, shall ad- that examines— mentation of such recommendations; and vance, through existing programs, the use of (1) the activities the Substance Abuse and (3) identification of any additional actions the performance metrics, taking into consider- Mental Health Services Administration conducts Federal government can take to support States ation the recommendations under subsection under this section, including any potential im- and local communities and ensure that the Fed- (a)(3), to improve programs related to the pacts on health care costs associated with such eral government and Federal law are not obsta- prevention and treatment of mental illness activities; cles to addressing at the community level— and substance use disorders.

VerDate Sep 11 2014 06:37 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.065 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8911 The committee amendment in the by the center established under subsection (ii) by inserting ‘‘, including veterans nature of a substitute, as amended, was (a) during the year involved, including the whenever possible and appropriate,’’ after agreed to. potential impacts of such activities, and the ‘‘students’’; and The bill (S. 1893), as amended, was or- States, organizations, and institutions that (C) in paragraph (2), by inserting ‘‘, which have worked with the center.’’. may include, as appropriate and in accord- dered to be engrossed for a third read- (b) YOUTH SUICIDE EARLY INTERVENTION ance with subsection (b)(7), a plan to seek ing, was read the third time, and AND PREVENTION STRATEGIES.—Section 520E input from relevant stakeholders in the com- passed, as follows: of the Public Health Service Act (42 U.S.C. munity, including appropriate public and S. 1893 290bb–36) is amended— private entities, in order to carry out the (1) in paragraph (1) of subsection (a) and in Be it enacted by the Senate and House of Rep- program under the grant’’ before the period subsection (c), by striking ‘‘substance abuse’’ resentatives of the United States of America in at the end; each place such term appears and inserting Congress assembled, (6) in subsection (e)(1), by striking ‘‘and be- ‘‘substance use disorder’’; havioral health problems’’ and inserting SECTION 1. SHORT TITLE. (2) in subsection (b)(2)— ‘‘health and substance use disorders’’; This Act may be cited as the Mental (A) by striking ‘‘each State is awarded (7) in subsection (f)(2)— Health Awareness and Improvement Act of only 1 grant or cooperative agreement under (A) by striking ‘‘and behavioral health’’ 2015. this section’’ and inserting ‘‘a State does not and inserting ‘‘health and substance use dis- SEC. 2. GARRETT LEE SMITH MEMORIAL ACT RE- receive more than 1 grant or cooperative order’’; and AUTHORIZATION. agreement under this section at any 1 time’’; (B) by striking ‘‘suicide and substance (a) SUICIDE PREVENTION TECHNICAL ASSIST- and abuse’’ and inserting ‘‘suicide and substance ANCE CENTER.—Section 520C of the Public (B) by striking ‘‘been awarded’’ and insert- use disorders’’; and Health Service Act (42 U.S.C. 290bb–34) is ing ‘‘received’’; and (8) in subsection (h), by striking ‘‘$5,000,000 amended— (3) in subsection (g)(2), by striking ‘‘2 years for fiscal year 2005’’ and all that follows (1) in the section heading, by striking the after the date of enactment of this section,’’ through the period at the end and inserting section heading and inserting ‘‘SUICIDE PRE- and insert ‘‘2 years after the date of enact- ‘‘$6,500,000 for each of fiscal years 2016 VENTION TECHNICAL ASSISTANCE CENTER.’’; ment of the Mental Health Awareness and through 2020.’’. (2) in subsection (a), by striking ‘‘and in Improvement Act of 2015,’’. SEC. 3. MENTAL HEALTH AWARENESS TRAINING consultation with’’ and all that follows (4) by striking subsection (m) and inserting GRANTS. through the period at the end of paragraph the following: Section 520J of the Public Health Service (2) and inserting ‘‘shall establish a research, ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— Act (42 U.S.C. 290bb–41) is amended— training, and technical assistance resource For the purpose of carrying out this section, (1) in the section heading, by inserting center to provide appropriate information, there are authorized to be appropriated ‘‘MENTAL HEALTH AWARENESS’’ before ‘‘TRAIN- training, and technical assistance to States, $30,000,000 for each of fiscal years 2016 ING’’; and political subdivisions of States, federally through 2020.’’. (2) in subsection (b)— recognized Indian tribes, tribal organiza- (c) MENTAL HEALTH AND SUBSTANCE USE (A) in the subsection heading, by striking tions, institutions of higher education, pub- DISORDER SERVICES.—Section 520E–2 of the ‘‘ILLNESS’’ and inserting ‘‘HEALTH’’; lic organizations, or private nonprofit orga- Public Health Service Act (42 U.S.C. 290bb– (B) in paragraph (1), by inserting ‘‘and nizations regarding the prevention of suicide 36b) is amended— other categories of individuals, as deter- among all ages, particularly among groups (1) in the section heading, by striking ‘‘AND mined by the Secretary,’’ after ‘‘emergency that are at high risk for suicide.’’; BEHAVIORAL HEALTH’’ and inserting ‘‘HEALTH services personnel’’; (3) by striking subsections (b) and (c); AND SUBSTANCE USE DISORDER’’; (C) in paragraph (5)— (4) by redesignating subsection (d) as sub- (2) in subsection (a)— (i) in the matter preceding subparagraph section (b); (A) by striking ‘‘Services,’’ and inserting (A), by striking ‘‘to’’ and inserting ‘‘for evi- (5) in subsection (b), as so redesignated— ‘‘Services and’’; dence-based programs for the purpose of’’; (A) by striking the subsection heading and (B) by striking ‘‘and behavioral health and inserting ‘‘RESPONSIBILITIES OF THE CEN- problems’’ and inserting ‘‘health or sub- (ii) by striking subparagraphs (A) through TER.’’; stance use disorders’’; and (C) and inserting the following: (B) in the matter preceding paragraph (1), (C) by striking ‘‘substance abuse’’ and in- ‘‘(A) recognizing the signs and symptoms by striking ‘‘The additional research’’ and serting ‘‘substance use disorders’’; of mental illness; and all that follows through ‘‘nonprofit organiza- (3) in subsection (b)— ‘‘(B)(i) providing education to personnel re- tions for’’ and inserting ‘‘The center estab- (A) in the matter preceding paragraph (1), garding resources available in the commu- lished under subsection (a) shall conduct ac- by striking ‘‘for—’’ and inserting ‘‘for one or nity for individuals with a mental illness and tivities for the purpose of’’; more of the following:’’; and other relevant resources; or (C) by striking ‘‘youth suicide’’ each place (B) by striking paragraphs (1) through (6) ‘‘(ii) the safe de-escalation of crisis situa- such term appears and inserting ‘‘suicide’’; and inserting the following: tions involving individuals with a mental ill- (D) in paragraph (1)— ‘‘(1) Educating students, families, faculty, ness.’’; and (i) by striking ‘‘the development or con- and staff to increase awareness of mental (D) in paragraph (7), by striking ‘‘, tinuation of’’ and inserting ‘‘developing and health and substance use disorders. $25,000,000’’ and all that follows through the continuing’’; and ‘‘(2) The operation of hotlines. period at the end and inserting ‘‘$15,000,000 (ii) by inserting ‘‘for all ages, particularly ‘‘(3) Preparing informational material. for each of fiscal years 2016 through 2020.’’. among groups that are at high risk for sui- ‘‘(4) Providing outreach services to notify SEC. 4. CHILDREN’S RECOVERY FROM TRAUMA. cide’’ before the semicolon at the end; students about available mental health and Section 582 of the Public Health Service (E) in paragraph (2), by inserting ‘‘for all substance use disorder services. Act (42 U.S.C. 290hh–1) is amended— ages, particularly among groups that are at ‘‘(5) Administering voluntary mental (1) in subsection (a), by striking ‘‘devel- high risk for suicide’’ before the semicolon health and substance use disorder screenings oping programs’’ and all that follows at the end; and assessments. through the period at the end and inserting (F) in paragraph (3), by inserting ‘‘and trib- ‘‘(6) Supporting the training of students, ‘‘developing and maintaining programs that al’’ after ‘‘statewide’’; faculty, and staff to respond effectively to provide for— (G) in paragraph (5), by inserting ‘‘and pre- students with mental health and substance ‘‘(1) the continued operation of the Na- vention’’ after ‘‘intervention’’; use disorders. tional Child Traumatic Stress Initiative (re- (H) in paragraph (8), by striking ‘‘in ‘‘(7) Creating a network infrastructure to ferred to in this section as the ‘NCTSI’), youth’’; link colleges and universities with health which includes a cooperative agreement with (I) in paragraph (9), by striking ‘‘and be- care providers who treat mental health and a coordinating center, that focuses on the havioral health’’ and inserting ‘‘health and substance use disorders.’’; mental, behavioral, and biological aspects of substance use disorder’’; and (4) in subsection (c)(5), by striking ‘‘sub- psychological trauma response, prevention (J) in paragraph (10), by inserting ‘‘con- stance abuse’’ and inserting ‘‘substance use of the long-term consequences of child trau- ducting’’ before ‘‘other’’; and disorder’’; ma, and early intervention services and (6) by striking subsection (e) and inserting (5) in subsection (d)— treatment to address the long-term con- the following: (A) in the matter preceding paragraph (1), sequences of child trauma; and ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— by striking ‘‘An institution of higher edu- ‘‘(2) the development of knowledge with re- For the purpose of carrying out this section, cation desiring a grant under this section’’ gard to evidence-based practices for identi- there are authorized to be appropriated and inserting ‘‘To be eligible to receive a fying and treating mental, behavioral, and $6,000,000 for each of fiscal years 2016 through grant under this section, an institution of biological disorders of children and youth re- 2020. higher education’’; sulting from witnessing or experiencing a ‘‘(d) ANNUAL REPORT.—Not later than 2 (B) in paragraph (1)— traumatic event.’’; years after the date of enactment of this sub- (i) by striking ‘‘and behavioral health’’ and (2) in subsection (b)— section, the Secretary shall submit to Con- inserting ‘‘health and substance use dis- (A) by striking ‘‘subsection (a) related’’ gress a report on the activities carried out order’’; and and inserting ‘‘subsection (a)(2) (related’’;

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.084 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8912 CONGRESSIONAL RECORD — SENATE December 18, 2015 (B) by striking ‘‘treating disorders associ- (3) An analysis of the degree to which elec- whether children are treated by primary care ated with psychological trauma’’ and insert- tronic data standards, including interoper- or specialty providers, what types of refer- ing ‘‘treating mental, behavioral, and bio- ability and meaningful use includes behav- rals for additional care are recommended, logical disorders associated with psycho- ioral health measures, and an analysis of and any barriers to accessing this care; logical trauma)’’; and strategies to address barriers to health infor- (2) the extent to which children are pre- (C) by striking ‘‘mental health agencies mation exchange posed by part 2 of title 42, scribed psychotropic medications in the and programs that have established clinical Code of Federal Regulations. United States including the frequency of and basic research’’ and inserting ‘‘univer- (4) An analysis of the degree to which Fed- concurrent medication usage; and sities, hospitals, mental health agencies, and eral rules and regulations for behavioral and (3) the tools, assessments, and medications other programs that have established clin- physical health care are aligned, including that are available and used to diagnose and ical expertise and research’’; recommendations to address any identified treat children with mental health disorders. (3) by redesignating subsections (c) barriers. SEC. 8. EVIDENCE BASED PRACTICES FOR OLDER through (g) as subsections (g) through (k), (5) An analysis of the challenges to behav- ADULTS. respectively; ioral health and primary care integration Section 520A(e) of the Public Health Serv- (4) by inserting after subsection (b), the faced by providers in rural areas. ice Act (42 U.S.C. 290bb–32(e)) is amended by following: SEC. 6. INCREASING EDUCATION AND AWARE- adding at the end the following: ‘‘(c) CHILD OUTCOME DATA.—The NCTSI co- NESS OF TREATMENTS FOR OPIOID ‘‘(3) GERIATRIC MENTAL HEALTH DIS- ordinating center shall collect, analyze, and USE DISORDERS. ORDERS.—The Secretary shall, as appro- report NCTSI-wide child treatment process (a) IN GENERAL.—In order to improve the priate, provide technical assistance to grant- and outcome data regarding the early identi- quality of care delivery and treatment out- ees regarding evidence-based practices for fication and delivery of evidence-based treat- comes among patients with opioid use dis- the prevention and treatment of geriatric ment and services for children and families orders, the Secretary of Health and Human mental health disorders and co-occurring served by the NCTSI grantees. Services (referred to in this section as the mental health and substance use disorders ‘‘(d) TRAINING.—The NCTSI coordinating ‘‘Secretary’’), acting through the Adminis- center shall facilitate the coordination of among geriatric populations, as well as dis- trator for the Substance Abuse and Mental seminate information about such evidence- training initiatives in evidence-based and Health Services Administration, may ad- trauma-informed treatments, interventions, based practices to States and nongrantees vance, through existing programs as appro- throughout the United States.’’. and practices offered to NCTSI grantees, pro- priate, the education and awareness of pro- viders, and partners. SEC. 9. NATIONAL VIOLENT DEATH REPORTING viders, patients, and other appropriate SYSTEM. ‘‘(e) DISSEMINATION AND COLLABORATION.— stakeholders regarding all products approved The NCTSI coordinating center shall, as ap- The Secretary of Health and Human Serv- by the Food and Drug Administration to propriate, collaborate with— ices, acting through the Director of the Cen- treat opioid use disorders. ters for Disease Control and Prevention, is ‘‘(1) the Secretary, in the dissemination of (b) ACTIVITIES.—The activities described in encouraged to improve, particularly through evidence-based and trauma-informed inter- subsection (a) may include— the inclusion of additional States, the Na- ventions, treatments, products, and other re- (1) disseminating evidence-based practices tional Violent Death Reporting System as sources to appropriate stakeholders; and for the treatment of opioid use disorders; authorized by title III of the Public Health ‘‘(2) appropriate agencies that conduct or (2) facilitating continuing education pro- Service Act (42 U.S.C. 241 et seq.). Participa- fund research within the Department of grams for health professionals involved in tion in the system by the States shall be vol- Health and Human Services, for purposes of treating opioid use disorders; sharing NCTSI expertise, evaluation data, untary. (3) increasing awareness among relevant and other activities, as appropriate. stakeholders of the treatment of opioid use SEC. 10. GAO STUDY ON VIRGINIA TECH REC- ‘‘(f) REVIEW.—The Secretary shall, con- OMMENDATIONS. sistent with the peer review process, ensure disorders; (4) assessing current barriers to the treat- (a) IN GENERAL.—Not later than 1 year that NCTSI applications are reviewed by ap- after the date of enactment of this Act, the propriate experts in the field as part of a ment of opioid use disorders for patients and providers and development and implementa- Comptroller General of the United States consensus review process. The Secretary shall conduct an independent evaluation, and shall include review criteria related to ex- tion of strategies to mitigate such barriers; and submit to the appropriate committees of pertise and experience in child trauma and Congress a report concerning the status of evidence-based practices.’’; (5) continuing innovative approaches to the treatment of opioid use disorders in var- implementation of recommendations made (5) in subsection (g) (as so redesignated), by in the report to the President, On Issues striking ‘‘with respect to centers of excel- ious treatment settings, such as prisons, community mental health centers, primary Raised by the Virginia Tech Tragedy, by the lence are distributed equitably among the Secretaries of Health and Human Services regions of the country’’ and inserting ‘‘are care, and hospitals. (c) REPORT.—Not later than 1 year after and Education and the Attorney General of distributed equitably among the regions of the United States, submitted to the Presi- the United States’’; the date of enactment of this Act, if the Sec- retary carries out the activities under this dent on June 13, 2007. (6) in subsection (i) (as so redesignated), by (b) CONTENT.—The report submitted to the striking ‘‘recipient may not exceed 5 years’’ section, the Secretary shall submit to the Committee on Health, Education, Labor, and committees of Congress under subsection (a) and inserting ‘‘recipient shall not be less shall review and assess— than 4 years, but shall not exceed 5 years’’; Pensions of the Senate and the Committee on Energy and Commerce of the House of (1) the extent to which the recommenda- and tions in the report that include participation (7) in subsection (j) (as so redesignated), by Representatives a report that examines— (1) the activities the Substance Abuse and by the Department of Health and Human striking ‘‘$50,000,000’’ and all that follows Services were implemented; through ‘‘2006’’ and inserting ‘‘$46,000,000 for Mental Health Services Administration con- ducts under this section, including any po- (2) whether there are any barriers to imple- each of fiscal years 2016 through 2020’’. mentation of such recommendations; and SEC. 5. ASSESSING BARRIERS TO BEHAVIORAL tential impacts on health care costs associ- ated with such activities; (3) identification of any additional actions HEALTH INTEGRATION. the Federal government can take to support (a) IN GENERAL.—Not later than 2 years (2) the role of adherence in the treatment of opioid use disorders and methods to re- States and local communities and ensure after the date of enactment of this Act, the that the Federal government and Federal Comptroller General of the United States duce opioid use disorders; and law are not obstacles to addressing at the shall submit a report to the Committee on (3) recommendations on priorities and community level— Health, Education, Labor, and Pensions of strategies to address co-occurring substance (A) school violence; and the Senate and the Committee on Energy use disorders and mental illnesses. (B) mental illness. and Commerce of the House of Representa- SEC. 7. EXAMINING MENTAL HEALTH CARE FOR tives concerning Federal requirements that CHILDREN. SEC. 11. PERFORMANCE METRICS. impact access to treatment of mental health (a) IN GENERAL.—Not later than 1 year (a) EVALUATION OF CURRENT PROGRAMS.— and substance use disorders related to inte- after the date of enactment of this Act, the (1) IN GENERAL.—Not later than 180 days gration with primary care, administrative Comptroller General of the United States after the date of enactment of this Act, the and regulatory issues, quality measurement shall conduct an independent evaluation, and Assistant Secretary for Planning and Eval- and accountability, and data sharing. submit to the Committee on Health, Edu- uation of the Department of Health and (b) CONTENTS.—The report submitted under cation, Labor, and Pensions of the Senate Human Services shall conduct an evaluation subsection (a) shall include the following: and the Committee on Energy and Commerce of the impact of activities related to the pre- (1) An evaluation of the administrative or of the House of Representatives, a report vention and treatment of mental illness and regulatory burden on behavioral health care concerning the utilization of mental health substance use disorders conducted by the providers. services for children, including the usage of Substance Abuse and Mental Health Services (2) The identification of outcome and qual- psychotropic medications. Administration. ity measures relevant to integrated health (b) CONTENT.—The report submitted under (2) ASSESSMENT OF PERFORMANCE care, evaluation of the data collection bur- subsection (a) shall review and assess— METRICS.—The evaluation conducted under den on behavioral health care providers, and (1) the ways in which children access men- paragraph (1) shall include an assessment of any alternative methods for evaluation. tal health care, including information on the use of performance metrics to evaluate

VerDate Sep 11 2014 04:09 Dec 19, 2015 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.066 S18DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 18, 2015 CONGRESSIONAL RECORD — SENATE S8913 activities carried out by entities receiving The PRESIDING OFFICER. Without MILLENNIUM CHALLENGE CORPORATION FOR A TERM OF TWO YEARS. (REAPPOINTMENT) grants, contracts, or cooperative agreements objection, it is so ordered. MICHAEL O. JOHANNS, OF NEBRASKA, TO BE A MEMBER related to mental illness or substance use The question is, Will the Senate ad- OF THE BOARD OF DIRECTORS OF THE MILLENNIUM disorders under title V or title XIX of the CHALLENGE CORPORATION FOR A TERM OF THREE vise and consent to the Robinson, YEARS, VICE LORNE W. CRANER, TERM EXPIRED. Public Health Service Act (42 U.S.C. 290aa et Kimball, Torres, Lew, and Murphy seq.; 42 U.S.C. 300w et seq.). DEPARTMENT OF STATE (3) RECOMMENDATIONS.—The evaluation nominations en bloc? ADAM H. STERLING, OF VIRGINIA, A CAREER MEMBER conducted under paragraph (1) shall include The nominations were confirmed en OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- bloc. SELOR, TO BE AMBASSADOR EXTRAORDINARY AND recommendations for the use of performance PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA metrics to improve the quality of programs f TO THE SLOVAK REPUBLIC. related to the prevention and treatment of LEGISLATIVE SESSION NATIONAL FOUNDATION ON THE ARTS AND THE mental illness and substance use disorders. HUMANITIES (b) USE OF PERFORMANCE METRICS.—Not The PRESIDING OFFICER. The Sen- DAIN BORGES, OF PUERTO RICO, TO BE A MEMBER OF later than 1 year after the date of enactment ate will now resume legislative session. THE NATIONAL COUNCIL ON THE HUMANITIES FOR A of this Act, the Secretary of Health and TERM EXPIRING JANUARY 26, 2020, VICE MARVIN f Human Services, acting through the Admin- KRISLOV, TERM EXPIRED. THAVOLIA GLYMPH, OF NORTH CAROLINA, TO BE A istrator of the Substance Abuse and Mental NOMINATIONS REMAINING IN MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- Health Services Administration, shall ad- STATUS QUO ITIES FOR A TERM EXPIRING JANUARY 26, 2020, VICE vance, through existing programs, the use of ROLENA KLAHN ADORNO, TERM EXPIRED. Mr. PERDUE. Mr. President, as in DEBORAH WONG, OF CALIFORNIA, TO BE A MEMBER OF performance metrics, taking into consider- THE NATIONAL COUNCIL ON THE HUMANITIES FOR A ation the recommendations under subsection executive session, I ask unanimous TERM EXPIRING JANUARY 26, 2020, VICE ADELE LOGAN (a)(3), to improve programs related to the consent that all the nominations re- ALEXANDER, TERM EXPIRED. prevention and treatment of mental illness ceived by the Senate during the 114th and substance use disorders. Congress, first session, remain in sta- f f tus quo, notwithstanding the provi- sions of rule XXXI, paragraph 6, of the NOMINATIONS RETURNED TO THE EXECUTIVE SESSION Standing Rules of the Senate, with the PRESIDENT exception of PN128 and PN214. The following nominations trans- The PRESIDING OFFICER. Without EXECUTIVE CALENDAR mitted by the President of the United objection, it is so ordered. States to the Senate during the first Mr. PERDUE. Mr. President, I ask f session of the 114th Congress, and upon unanimous consent that the Senate ORDERS FOR MONDAY, JANUARY which no action was had at the time of proceed to executive session to con- the sine die adjournment of the Senate, sider the following nominations en 4, 2016, AND MONDAY, JANUARY 11, 2016 failed of confirmation under the provi- bloc: Calendar Nos. 332, 333, 383, 424, 432, sions of Rule XXXI, paragraph 6, of the Mr. PERDUE. Mr. President, I ask and 438. Standing Rules of the Senate. The PRESIDING OFFICER. Without unanimous consent that when the Sen- DEPARTMENT OF JUSTICE objection, it is so ordered. ate completes its business today, it stand adjourned pursuant to the provi- STUART F. DELERY, OF THE DISTRICT OF COLUMBIA, The clerk will report the nomina- TO BE ASSOCIATE ATTORNEY GENERAL. tions en bloc: sions of H. Con. Res. 104 until January CONO R. NAMORATO, OF VIRGINIA, TO BE AN ASSIST- The senior assistant legislative clerk 4, 2016, and pursuant to the terms of ANT ATTORNEY GENERAL. read the nominations of David Mal- H.J. Res. 76, and that on January 4, the f colm Robinson, of Connecticut, a Ca- Senate convene at noon for a pro forma reer Member of the Senior Foreign session only with no business con- CONFIRMATIONS Service, Class of Minister-Counselor, to ducted; further, that when the Senate be Coordinator for Reconstruction and adjourns on January 4, 2016, pursuant Executive nominations confirmed by Stabilization; David Malcolm Robin- to the provisions of H. Con. Res. 104, it the Senate December 18, 2015: son, of Connecticut, a Career Member stand adjourned until 2 p.m., Monday, DEPARTMENT OF STATE of the Senior Foreign Service, Class of January 11, 2016; that following the DAVID MALCOLM ROBINSON, OF CONNECTICUT, A CA- Minister-Counselor, to be an Assistant prayer and pledge on January 11, the REER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE COORDINATOR Secretary of State (Conflict and Sta- morning hour be deemed expired, the FOR RECONSTRUCTION AND STABILIZATION. bilization Operations); Suzette M. Journal of proceedings be approved to DAVID MALCOLM ROBINSON, OF CONNECTICUT, A CA- REER MEMBER OF THE SENIOR FOREIGN SERVICE, Kimball, of West Virginia, to be Direc- date, and the time for the two leaders CLASS OF MINISTER-COUNSELOR, TO BE AN ASSISTANT tor of the United States Geological be reserved for their use later in the SECRETARY OF STATE (CONFLICT AND STABILIZATION OPERATIONS). Survey; Carlos J. Torres, of Virginia, day; further, that following leader re- to be Deputy Director of the Peace marks, the Senate be in a period of DEPARTMENT OF THE INTERIOR morning business, with Senators per- SUZETTE M. KIMBALL, OF WEST VIRGINIA, TO BE DI- Corps; Shoshana Miriam Lew, of the RECTOR OF THE UNITED STATES GEOLOGICAL SURVEY. District of Columbia, to be Chief Fi- mitted to speak therein for up to 10 PEACE CORPS nancial Officer, Department of Trans- minutes each until 5 p.m. The PRESIDING OFFICER. Is there CARLOS J. TORRES, OF VIRGINIA, TO BE DEPUTY DI- portation; and Patrick Joseph Murphy, RECTOR OF THE PEACE CORPS. objection? of Pennsylvania, to be Under Secretary DEPARTMENT OF TRANSPORTATION of the Army. Without objection, it is so ordered. SHOSHANA MIRIAM LEW, OF THE DISTRICT OF COLUM- Thereupon, the Senate proceeded to f BIA, TO BE CHIEF FINANCIAL OFFICER, DEPARTMENT OF consider the nominations en bloc. ADJOURNMENT SINE DIE TRANSPORTATION. Mr. PERDUE. Mr. President, I ask DEPARTMENT OF DEFENSE Mr. PERDUE. Mr. President, if there unanimous consent that the Senate PATRICK JOSEPH MURPHY, OF PENNSYLVANIA, TO BE is no further business to come before vote en bloc without intervening ac- UNDER SECRETARY OF THE ARMY. the Senate, I ask unanimous consent tion or debate on the nominations in that it stand adjourned under the pre- f the order listed; that following disposi- vious order. tion of the nominations, the motion to There being no objection, the Senate, WITHDRAWAL reconsider be considered made and laid at 4:25 p.m., adjourned sine die. upon the table with no intervening ac- Executive message transmitted by tion or debate; that no further motions f the President to the Senate on Decem- be in order to any of the nominations; NOMINATIONS ber 18, 2015 withdrawing from further that any statements related to the Executive nominations received by Senate consideration the following nominations be printed in the RECORD; the Senate: nomination: that the President be immediately no- MILLENNIUM CHALLENGE CORPORATION ADEWALE ADEYEMO, OF CALIFORNIA, TO BE AN AS- tified of the Senate’s action and the SISTANT SECRETARY OF THE TREASURY, VICE MARISA MORTON H. HALPERIN, OF THE DISTRICT OF COLUMBIA, LAGO, WHICH WAS SENT TO THE SENATE ON JANUARY 16, Senate then resume legislative session. TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE 2015.

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