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, THURSDAY, DECEMBER 10, 2015 No. 179 Senate The Senate met at 9:30 a.m. and was Make our lawmakers instruments of PLEDGE OF ALLEGIANCE called to order by the President pro Your peace. Where there is discord, The President pro tempore led the tempore (Mr. HATCH). may they bring harmony. Where there Pledge of Allegiance, as follows: is cynicism, may they bring faith. f I pledge allegiance to the Flag of the Where there is sadness, may they bring United States of America, and to the Repub- PRAYER joy. And where there is despair, may lic for which it stands, one nation under God, The Chaplain, Dr. Barry C. Black, of- they bring hope. Use these stewards of indivisible, with liberty and justice for all. fered the following prayer: liberty to make the rough places Let us pray. smooth and the crooked places f Eternal God, we place our trust in straight. You. During this season, when we sing Lord, thank You for bringing hope to RESERVATION OF LEADER TIME about good will toward humanity, the helpless and for hearing and com- The PRESIDING OFFICER (Mr. many forces seek to turn that dream forting the oppressed. HELLER). Under the previous order, the into a nightmare. We pray in Your Holy Name. Amen. leadership time is reserved.

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.

MORNING BUSINESS p.m., with Senators permitted to speak RECOGNITION OF THE MINORITY The PRESIDING OFFICER. Under therein for up to 10 minutes each. LEADER the previous order, the Senate will be The PRESIDING OFFICER. The in a period of morning business until 3 Democratic leader is recognized.

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

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VerDate Sep 11 2014 00:45 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.000 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8564 CONGRESSIONAL RECORD — SENATE December 10, 2015 DISCRIMINATION into lesser schools is unacceptable. Mr. MCCONNELL. Mr. President, I Mr. REID. Mr. President, yesterday That Justice Scalia could raise such an ask unanimous consent that the order the Supreme Court heard oral argu- uninformed idea shows just how out of for the quorum call be rescinded. ments in the case of Fisher v. Univer- touch he is with the values of this Na- The PRESIDING OFFICER. Without sity of Texas. In that case the plaintiff tion. It goes without saying that an Af- objection, it is so ordered. was challenging the affirmative action rican-American student has the same f program the University of Texas has. potential to succeed in an academi- cally challenging environment as any RECOGNITION OF THE MAJORITY During those oral arguments, con- LEADER servative Justice Scalia asked whether other student. affirmative action harms minority stu- I firmly continue to believe the The PRESIDING OFFICER. The ma- dents by placing them in environments United States of America is the great- jority leader is recognized. that are too academically challenging est Nation in the world because of our f for them. Justice Scalia said the fol- ability to embrace men and women of diverse backgrounds and provide them ACCOMPLISHMENTS OF THE NEW lowing about African-American stu- SENATE dents: ‘‘There are those who contend with the opportunity to succeed. Col- that it does not benefit African Ameri- leges and universities that welcome di- Mr. MCCONNELL. Mr. President, cans to get them into the University of versity provide their students with an what a difference a new Senate can Texas where they do not do well, as op- opportunity many in the world can make—what a difference. Some may have thought Washington posed to having them go to a less ad- never hope to obtain. Learning with would never agree on a replacement for vanced school, a slower-track school people from different backgrounds No Child Left Behind. Years of inaction where they do well.’’ spurs creativity and innovation. Re- Justice Scalia further argued that search has shown that increased racial on the Senate floor gave ample cause African-American students ‘‘come from diversity on campuses produces higher for doubt. Some may have been skep- lesser schools where they do not feel levels of academic achievement for all tical when a new Senate with a new ap- that they’re . . . being pushed ahead in students, and Fortune 500 companies proach resolved to finally solve the . . . classes that are too . . . fast for agree that embracing diversity is good problem—but no longer. them’’ and that the University of for the bottom line. Yesterday, the new Senate voted The Supreme Court previously has Texas should not take really qualified overwhelmingly to deliver the most acknowledged that diversity provides a African-American students because significant K–12 education reform in substantial and compelling contribu- that means ‘‘the number of . . . really well over a decade. The President will tion to our educational system. Yet competent blacks admitted to lesser sign the bipartisan Every Student Suc- Justice Scalia’s comments paint a pic- schools turns out to be less.’’ ceeds Act later this morning. But that wasn’t enough. This is what ture of two disturbing realities. Here is what this bipartisan law will Despite the progress our Nation has else he said: ‘‘I don’t think it stands to do: replace a broken law with conserv- made on diversity and inclusion, there reason that it’s a good thing for the ative reform that will help students is still much work to do to ensure we University of Texas to admit as many succeed instead of helping Washington are giving every American a fair shot blacks as possible.’’ grow. That means swapping one-size- It is stunning that a man of his intel- regardless of race, ethnicity, or reli- fits-all Federal mandates for greater lect—and I have always acknowledged gion. As a nation, we still have the re- State and local flexibility. That means his intellect, but these ideas that he sponsibility to direct adequate re- bringing an end to the ability of far- pronounced yesterday are racist in ap- sources to our educational system to away bureaucrats to impose common plication if not intent. I don’t know prepare all students for higher edu- core. That means strengthening char- about his intent, but it is deeply dis- cation. ter schools. That means putting edu- Generations of discrimination and le- turbing to hear a Supreme Court Jus- cation back in the hands of those who gally sanctioned inequality have pro- tice endorse racist ideas from the know students’ needs best—parents, duced racial disparities in our edu- bench of the Nation’s highest Court. teachers, States, and school boards. cational system—sad but true. These His endorsement of racist theories has The Every Student Succeeds Act is disparities must be addressed by em- frightening ramifications, not the least conservative reform passed on a bipar- bracing diversity in our schools, work- of which is to undermine the academic tisan basis. The Wall Street Journal places, markets, and neighborhoods achievements of Americans, African calls it ‘‘the largest devolution of fed- while investing in adequate resources Americans especially. eral control to the states in a quarter- Earlier this week I spoke about the for all students, from pre-K to higher century,’’ and it is an important Republican platform, which has a lot of education. achievement for our kids and for our Our Nation was founded on the val- hate in it. As we speak, Donald Trump country. ues of liberty, justice, and equality. is proposing to ban Muslim immigra- So I want to thank again the Sen- Justice Scalia’s distressing comments tion. Other leading candidates are pro- ators who worked together to make are a reminder that we must remain posing religious tests, tossing around this possible—Senator ALEXANDER, a vigilant to safeguard opportunity for slurs on a daily basis. Republican from Tennessee, and Sen- The top two Republican leaders in all Americans. Embracing diversity is ator MURRAY, a Democrat from Wash- the United States have said they will not only the right thing to do, it is the ington. They took advantage of the op- support Donald Trump if he is nomi- American way. portunities a new and more open Sen- Lyndon Johnson said: nated. And now a Republican-appointed ate provided. They put good legislation Justice is endorsing racist ideas from It is not enough just to open the gates of together and then placed personal opportunity. All our citizens must have the the Supreme Court bench. The only dif- ability to walk through those gates. stakes in its success. They worked hard. They labored over many months, ference between the ideas endorsed by It is our responsibility as a nation to and they didn’t lose sight of what a Trump and Scalia is that Scalia has a open the gates of opportunity for all legislative exercise like this one should robe and a lifetime appointment. Ideas Americans, in spite of what Justice really be about: good policy, better such as these don’t belong on the Inter- Scalia said yesterday. net, let alone the mouths of the Na- Mr. President, has the Chair an- outcomes for our country, and, with tion’s leaders. nounced the business of the day? the bill we passed yesterday—the bill The idea that African-American stu- The PRESIDING OFFICER. It has the President will sign today—greater dents are somehow inherently intellec- been announced. opportunities for every student to suc- tually inferior to other students is des- Mr. REID. I yield the floor. ceed. picable. It is a throwback to a time I suggest the absence of a quorum. Senator ALEXANDER was right when that America left behind half a century The PRESIDING OFFICER. The he said that ‘‘this bill is just one more ago. The idea that we should be push- clerk will call the roll. example that Congress is back to ing well-qualified African-American The legislative clerk proceeded to work.’’ It is worth noting a point he students out of the top universities call the roll. made the other day as well: ‘‘This has

VerDate Sep 11 2014 01:33 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.002 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8565 been one of the most productive Senate crat, I think that is something we can cisions. At the same time, account- years in a long time,’’ he said. ‘‘The all take pride in as Americans. ability matters. Republican Senate majority is making Mr. President, I suggest the absence I have three children who went a real difference, particularly [for] of a quorum. through the school system, and testing 100,000 public schools, [for] 3.5 million The PRESIDING OFFICER. The done properly is a good thing. A parent teachers, and [for] 50 million children.’’ clerk will call the roll. wants to know where their child But perhaps the American people are The legislative clerk proceeded to stands. We want to know what their wondering why. Perhaps they are won- call the roll. weaknesses and successes are, and we dering why the Senate is suddenly back Mrs. CAPITO. Mr. President, I ask want to know where the school stands. to work this year. Perhaps they are unanimous consent that the order for But under this bill, States will have wondering why some issues are sud- the quorum call be rescinded. multiple measures of student achieve- denly passing now when they weren’t The PRESIDING OFFICER (Mr. ment, not just testing. Test results will passing previously. Let me turn back ROUNDS). Without objection, it is so or- just be a part of that evaluation, and to the rest of what Senator ALEXANDER dered. States will have broad discretion to said, because I think the answer for a Mrs. CAPITO. Mr. President, I ask measure other factors. High schools bill like ESSA is really quite simple. unanimous consent to speak in morn- will now report on the rate of grad- ‘‘We’re doing it,’’ he said, ‘‘by working ing business for up to 15 minutes. uates going on to higher education. in a bipartisan way with our col- The PRESIDING OFFICER. Without Whether graduates are prepared to con- leagues, which is, I think, the way the objection, it is so ordered. tinue education is, in my view, an im- American people want us to govern.’’ f portant measure of success. Here is the idea. Give Senators of This bill also recognizes the impor- SENATE ACCOMPLISHMENTS both parties more of a say in the proc- tance of technology and education, not ess, and Senators of both parties are Mrs. CAPITO. Mr. President, I rise just in the classroom but also at home. likely to take more of a stake in the today to highlight the positive change It includes language that Senator KING outcome. That is why, on this bill, we our new Republican majority has and I introduced to study the home- saw a more open process that started brought to the U.S. Senate in 2015. work gap. Students who lack access to way back in the committee stage. Sen- As a first-year Senator—and I will re- fast and reliable broadband at home ator ALEXANDER and Senator MURRAY, mind everybody that I spent a lot of need to be able to continue learning the top Republican and the top Demo- time on the other side of the Capitol outside the classroom. crat on the education committee, un- observing the Senate—I came to the If the teacher gives an assignment derstood that No Child Left Behind had body looking to improve this institu- and students are given a device and to be fixed after years of inaction. So tion that for far too long was not work- they take it home, if they don’t have they worked together on a bipartisan ing for American families. Not only did the connectivity, they are behind. But basis, and the Senate passed the most the Senate fail to pass legislation that if they do have the connectivity—the significant K–12 education reform in would help our seniors, students, and access—they can continue their edu- years. workers, it failed to even debate crit- cation at home and be prepared the Take another example. Senator ical issues. Looking from the House next day. INHOFE and Senator BOXER, the top Re- side across the hall in the Capitol, we States will now have flexibility to publican and top Democrat on the pub- really couldn’t understand that. use Federal resources to improve this lic works committee, understood that In 2014 the Senate only voted on 15 access to technology. This is a signifi- crumbling roads and bridges had to be amendments. This year, under new cant step forward, I think, for the edu- fixed after years of inaction. So they leadership, we have taken hundreds of cation system that is outdated and out worked together on a bipartisan basis, amendment votes and committees are of step with the needs of our students. and the Senate passed the first long- hard at work. We debated issues, clear- It is particularly hard-hitting in rural term transportation bill in a decade. ly stated our policy priorities, and communities. How about this one: Senator BURR broke the gridlock that defined the Last week we passed and the Presi- and Senator FEINSTEIN, the top Repub- previous Congress. dent signed the first long-term high- lican and top Democrat on the Intel- Allowing Senators from both sides of way bill in 17 years. Since 2009, Con- ligence Committee, understood that the aisle to offer amendments, partici- gress has lurched from one short-term Americans’ online privacy and finan- pate in the process, and take votes is patch to another, leaving officials cial transactions deserved some protec- the best way to achieve bipartisan leg- across the country unable to plan fu- tion after years of inaction. So they islation. It is common sense. Isn’t that ture highway and transit projects. worked together on a bipartisan basis, the way it is supposed to be? It is kind The shameful inability to make a and the Senate passed an important of how I thought it should be, and I am lasting investment in our infrastruc- cyber security bill. glad to know that this year, that is ture came to an end last week. The Across the new Congress, we saw sev- what we are doing. Working together is FAST Act invests $2.5 billion in West eral other stuck issues come unstuck the only way to enact policies that will Virginia’s roads and bridges over 5 too: a decisive end to Washington’s an- improve the lives of the American peo- years. I can say after going home last nual doc fix drama, strong action to ple. weekend that the biggest issue raised help knock down foreign trade barriers, The new Senate work has borne tre- to me in a congratulatory way was and extending a hand of compassion to mendous fruit, particularly in the past this: Thank you for passing the high- victims of modern slavery. All of it week. We passed the first major over- way bill. With it, the completion of passed in the new Congress, and all of haul of elementary and secondary edu- Route 35 in West Virginia and Corridor it passed on a bipartisan basis. cation in more than a decade, and the H will bring economic potential to our Now, let me be clear. No one is say- President is poised to sign this into State. Key projects such as the King ing that all of the Senate’s challenges law. Eighty-five Senators voted for it; Coal Highway and the Coalfields Ex- have been ironed out. Of course we that is a big bipartisan majority. pressway will help isolated commu- know that our work is ongoing. Of The Every Student Succeeds Act nities attract businesses and provide course we know there will always be strikes the proper balance between jobs. States will also now have more bumps along the way. flexibility and accountability. The bill flexibility, which is exactly what they But here is what we can say for sure. ends education waivers and the Federal want and need, to spend Federal dol- The new Senate has taken serious steps common core mandate that had turned lars. to foster a more open atmosphere on Washington bureaucrats into basically New permitting reforms will help many issues. The new Senate has seen a national school board. No one cares taxpayer dollars go farther and enable real progress made for our country, more about a student’s success than a projects to be completed more quickly. often on a bipartisan basis, and we are child’s parents and their teachers, and Time is money, and if we can complete proud of that. We are proud of that. those closest to our children should be in a shorter time span and do the regu- Whether we are Republican or Demo- the ones empowered to make those de- latory obligations at the same time—

VerDate Sep 11 2014 00:45 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.003 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8566 CONGRESSIONAL RECORD — SENATE December 10, 2015 concurrently—it can save States, the coal mining employment has dropped MENTAL HEALTH CARE Federal Government, and localities by 30 percent since 2011. When I was a Ms. STABENOW. Mr. President, I money. Member of the House of Representa- rise to talk about an opportunity we This highway bill is truly a jobs bill tives, I took action to rein in the Presi- have in the midst of all the negotia- not only for the workers who will build dent’s regulatory agenda, but often leg- tions going on to do something incred- and repair America’s roads and bridges, islation that passed the House could ibly meaningful, that has bipartisan but these investments will also bring not garner enough support here in the support, and literally will address a broader economic benefits to our com- Senate. group of diseases that affect one out of munities. So as a newly elected Senator, I com- four people every year—one out of four Another good thing this bill does mitted to change that and to lead the people who work here, one out of four that will help further job growth in legislative response to protect afford- people in our families. A set of diseases West Virginia is it reauthorizes the Ap- able, reliable energy. Just last month, right now for which less than 40 per- palachian Regional Commission. This we succeeded. The Senate passed two cent of those with the disease get the reauthorization includes bipartisan resolutions to avoid the Clean Power treatment they need, but when they do, language to establish a high-speed Plan that are now headed to the Presi- it is manageable and they can go on broadband development initiative for dent’s desk, including the one that I and lead productive lives. What I am underserved areas in Appalachia. led. Under new leadership, the Senate talking about is mental illness. One Just this Sunday, the Charleston Ga- strongly opposed policies that are dev- out of four people every year has some zette-Mail wrote about how the lack of astating our energy economy and have kind of mental illness which is treat- broadband was hindering efforts to pro- negligible environmental benefit. able and with medications and with vide telemedicine in small West Vir- ObamaCare is another costly disaster treatment—just like any other dis- ginia towns. The ARC reauthorization that has placed great burdens on the ease—can allow someone to go on and is a tangible step towards getting this American people. The new Republican- live their life. region connected. Broadband access led Senate recently delivered on its We have started the process in public can power these communities. promise to pass legislation that repeals policy of doing what we call mental So passage of the education and high- the broken law. Basically, ObamaCare health parity by saying now that insur- way bills are tremendous recent is failing. Americans are facing sky- ance can’t discriminate whether it is a achievements, and they follow earlier rocketing premiums and deductibles. behavioral disease, mental health, sub- bipartisan accomplishments this year. Countless people have lost access to stance abuse or physical health, but we With our entitlement programs hur- the doctor and health care plan of their don’t yet have the services in the com- dling towards bankruptcy, it was im- choice. Even insurance companies are munity. So what happens is we pay portant for Congress to act. In April, threatening to pull out of the system, dearly. Not only do individuals pay we permanently eliminated Medicare’s and the Nation’s largest one is one of with their lives, their livelihoods, their sustainable growth rate, or SGR, put- those. families, and communities pay, but we ting an end to the long series of tem- President Obama and the Democrats pay as taxpayers. porary patches that had vexed our Na- are fighting to use taxpayers’ dollars It was interesting to me, speaking at tion’s seniors and doctors. These re- to bail out the big insurance companies a conference a couple of days ago here in DC with law enforcement and men- forms will encourage competition, save in a misguided attempt to save their tal health professionals coming to- taxpayer dollars, and provide a more failed health care policy. The repeal legislation we passed last gether, to hear about the Cook County reliable system for our seniors. We week would reduce taxes by more than Jail in Chicago, a huge facility. The know there is more to do, but this $1 trillion, strengthen Medicare, and sheriff there now has appointed a psy- marks a good first step to preserve provide significant resources for a chiatrist as the director of the jail. Medicare for future generations. problem plaguing our country—sub- Why? Because one-third of the people This same legislation extended fund- stance abuse and mental health treat- housed in the jail have psychiatric ing for the Children’s Health Insurance ment. We know the President will veto problems. They shouldn’t be in the jail. Program—a program I have been inti- the bill, but new leadership in the Sen- They may have committed some minor mately involved with in West Virginia ate has put a repeal bill on his desk for infraction because they didn’t have a since my early days as a member of the the first time. And this legislation will job or maybe they were on the street. house of delegates. Maybe they were hearing voices in We passed legislation to help vet- serve as a model for efforts to repeal and replace ObamaCare in the next their head and didn’t hear the police erans heal from the unseen wounds of officer and didn’t respond in a way—or war and to support victims of human Congress. This year, we have addressed the con- where it was considered belligerent. We trafficking. cerns of many Americans and the seri- now know from papers today in Michi- We renewed trade promotion author- ous challenges that we face. We have gan that studies show that people who ity to facilitate new trade agreements solved problems and delivered real re- are mentally ill are 16 times more like- that can expand American jobs. And we sults. And under Leader MCCONNELL’s ly to be killed in a year by a police of- did all of this by working together to management, we have been able to de- ficer. I am not suggesting that it is at find common ground on behalf of the bate critical issues on behalf of the all on purpose but it is because of the people we serve. Americans we serve, offer new reforms nature of the behavioral problems and Even when consensus cannot be what ends up happening in the real achieved or the President chooses to go and ideas through the amendment process, and enact important bipar- world when people aren’t getting the it alone, the Senate should debate the treatments they need. We know what tough issues and show the American tisan legislation. But this is just the beginning. While happens in terms of violence and peo- people where we stand. We say where much has been accomplished, our work ple committing crimes, although some- we stand when we are running for elec- is far from done, and I look forward to one who has a mental health disease is tion. We should be saying where we building on this record of bipartisan much more likely to be a victim than stand now that we are elected. We achievement in the year ahead. a perpetrator. shouldn’t be shying away from that. I yield the floor. We have people in the emergency The President’s relentless environ- I suggest the absence of a quorum. rooms of our hospitals. I have talked to mental campaign to expand Wash- The PRESIDING OFFICER. The hospital administrators and doctors ington bureaucracy at the expense of clerk will call the roll. who say what we need is to make sure our economy is an issue I have been The senior assistant legislative clerk we have a 24-hour emergency psy- deeply concerned about. Energy-pro- proceeded to call the roll. chiatric facility, a place where some- ducing States have been hit the hard- Ms. STABENOW. Mr. President, I ask one can go or family members can call est. My State of West Virginia now has unanimous consent that the order for or the police can use if they find some- the largest and highest unemployment the quorum call be rescinded. one who needs help, not the hospital rate after enduring thousands of lay- The PRESIDING OFFICER. Without emergency room and certainly not the offs and WARN notices. Nationwide, objection, it is so ordered. jail.

VerDate Sep 11 2014 00:45 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.006 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8567 The good news is that we have start- I know this is under discussion, and I In terms of examples, we have now ed a bipartisan effort that can fix this. am hopeful that as the leadership totaled well over $100 billion. We are My partner and colleague in this, Sen- moves forward, they will join us—the coming up with much higher numbers ator BLUNT, and I, over a year ago, au- bipartisan coalition in the House and as we come down to the floor every thored a provision that was passed by the Senate—in saying yes to give the week. The Presiding Officer just issued the House and Senate to begin some- people an opportunity to live their a book, which I think every Member of thing called the Excellence in Mental lives, be successful, work, and manage this body ought to read, collecting Health Act. We now have in law a defi- their diseases in the community just other examples of waste, fraud, and nition of quality behavioral health like any other disease. abuse. services. We have federally qualified I wish to say in closing that if you All of this is really in honor of a health centers in the community where are a diabetic, you check your insulin former Member, Senator Tom Coburn people without insurance can go and every day. If you check your sugar and of Oklahoma, who really led the charge get preventive care and get the phys- take your insulin, you manage your on this issue. I regret that Tom is not ical health services they need, but the disease. It is not debilitating. You can still a Member of the Senate. He had a health clinics can’t get reimbursed for go out and live your life. I imagine way of digging out this information mental health or substance abuse serv- there are many people who work in the that was commendable. He would come ices. So we now have a definition. We Senate who are managing diabetes. to the floor and make a persuasive case have standards for what quality behav- You can do the same thing if you are through the illustration of various ioral health care, mental health, and bipolar. It is a chemical imbalance of forms of abuse of the taxpayers’ dol- substance abuse care looks like. We the brain. It is just a different organ, a lars. have standards. We begin to provide different part of the body. If, in fact, A number of my colleagues are pick- dollars so that communities can pro- you have the medication to stabilize ing up the clarion call. As I said, we vide those services if they meet the and you have the support and treat- need all 100 of us to come to the con- standards. ment you need, you can manage that clusion that we don’t have to stand A couple of years ago when we put disease, go on with your life, be suc- here and say we are doing everything together money for the first step by cessful, work, have a family, and be we possibly can to manage the people’s saying we are going to provide money able to live with dignity. That is what money when we know that is not true, for 8 States to be able to meet those we are talking about. We are talking when we know that inspectors general standards—8 out of 50—the good news about giving people who have diseases of virtually every agency in the gov- was that half the States in the country in the brain the same opportunity for ernment have come up with reports responded and said: We want to be one treatment and management of those that simply say ‘‘Why in the world are of those eight States. Twenty-four diseases to live healthy, hopeful, suc- you doing this in the first place?’’ or States across our country now have cessful lives as we do for people who ‘‘Look at this amount of fraud.’’ signed up. They have received planning have diseases in any other organ of the One-hundred billion dollars or more grants to assess their community men- body. We have the opportunity to do is just a drop in the budget, so we are tal health services, what they are that. At the end of next week, I deeply going to continue to expose this waste. doing, and how they can meet these hope we will be able to celebrate that Today I had hoped this 29th waste of new high standards, how they can we have done something incredibly im- the week would be the last one of this make sure they include 24-hour psy- portant for families across America. calendar year, but it looks as if we chiatric emergency services in their I yield the floor. might be here 1 more week, so we will community so their citizens have the The PRESIDING OFFICER (Mr. get the 30th in next week if necessary. help they need as well as ongoing help FLAKE). The Senator from Indiana. Recently, the inspector general for for families and individuals. Twenty- f the Department of Housing and Urban four States have said: Sign me up. We WASTEFUL SPENDING Development conducted a series of au- are willing to do the work. dits on HUD’s multibillion-dollar port- We have funding for eight of those Mr. COATS. Mr. President, this is the folio. The results that have been print- States to actually be able to do it, to 29th time I have been on the floor over ed are deeply troubling. After review- change lives; eight of those States to this current session to address what is ing HUD’s books, the inspector general be able to provide services, treatment, called, ‘‘Waste of the Week.’’ Twenty- found that the agency’s finances are hope for individual families, help for nine weeks of this year, I have been on missing records, contain inaccurate in- the sheriff, and relief for the emer- the Senate floor talking about exam- formation, and have even violated Fed- gency room. What we are proposing ples of how the Federal Government eral laws. He acknowledged that HUD’s now and what is under consideration is wastes taxpayers’ money through accounting has lacked appropriate to fund the 24 States. We have 24 waste, fraud, and abuse. I have laid out oversight for a long time. This has States that have stepped forward. Let’s specific examples. been going on for a long time. provide them the resources. In the con- Some changes have been made in pro- text of what we are talking about in grams as a result of the publicity it has Let me quote from his report: the budget, it is a very small amount received not just from me but from the Multiple deficiencies existed in HUD’s in- of money. We could say to the commu- accounting offices that are doing the ternal controls over financial reporting, re- checking and the inspectors general sulting in misstatements on financial state- nities across this country and virtually ments, noncompliance laws and regulations. half of the States that we are going to who are doing the checking. We have reported on HUD’s administrative give them the resources to meet higher Sometimes I wonder if anybody is lis- control of funds in our audit reports and quality standards, to be able to provide tening, but I am very encouraged by management reports since fiscal year 2005. the services desperately needed for one the fact that a number of us now, in- HUD continued to not have a fully imple- out of four people every year who have cluding the Presiding Officer, are talk- mented and complete administrative control some kind of mental illness. The rami- ing about this issue. I hope every Mem- of funds system that provided oversight of fications of doing nothing are severe in ber in this body, all 100 of us, start both obligations and disbursements. so many ways. thinking about ways in which we can This was exposed in 2005. Ten years The reality is that we are at a point make our Federal Government more ef- later, they are still having the prob- where we have the opportunity to say ficient and effective and stop wasting lem. They still haven’t cleaned up their that as a country we are going to rec- through fraud and abuse, stop wasting act. ognize and treat diseases above the taxpayer dollars. I don’t want to keep This is just one agency. Maybe this is neck the same as diseases below the doing this, but I am going to keep the worst agency—I don’t know—in neck and support communities that doing this until there is a majority and terms of being irresponsible and how step up with higher quality standards hopefully a unanimous clarion call say- they spend money, but I doubt it. I sus- and services. In the world in which we ing: Let’s clean up this government. pect that this statement could have live, this would be a huge bipartisan Let’s go after this waste, fraud, and been made by a number of our agen- victory. abuse. cies.

VerDate Sep 11 2014 00:45 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.007 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8568 CONGRESSIONAL RECORD — SENATE December 10, 2015 I wish to highlight a couple of spe- under the subsidized housing program, partment of Housing and Urban Devel- cific examples from the inspector gen- which is providing subsidies to them opment because of their financial in- eral’s audits. that they are no longer qualified to re- eptness and their financial incapability One audit examined HUD’s Govern- ceive. of keeping records on their very own ment National Mortgage Administra- One doesn’t actually have to have a programs. tion, commonly known as Ginnie Mae. low income to participate in this tax- Today we are going to add a modest Ginnie Mae buys mortgages from banks payer-subsidized low-income housing; amount. This could be tens of billions. and institutions, bundles those mort- they simply had to have a low income We took only a couple of examples gages together, and then sells portions when they applied. But hopefully this here, and those examples total of those bundles to investors. These helped them as they were having in- $1,174,000,000. That is not small change. mortgage-backed securities are fully come problems and financial prob- Think about being about to send this backed by U.S. Government guaran- lems—those who are able to come out back to the taxpayers who are working tees. of the system and who receive a larger their hearts out and having taxes lev- The IG’s audit bluntly noted that income and therefore no longer qualify ied on them or think about how we can HUD’s financial records are so bad that retained the subsidies, and HUD never send this money to higher priorities— it was not even possible to audit the took action to basically determine that maybe to some things related to na- entirety of Ginnie Mae’s $25.2 billion they no longer qualify for this. There tional security where we are scraping portfolio. In other words, the record- were over 25,000 specific incidents. for funds to be able to provide the secu- keeping for the transactions that took In a specific example in New York rity this country needs. Whatever the place under HUD was in such disarray, City, the program’s income ceiling for reason, the waste continues to pile up. so bad, they couldn’t even provide an a four-person household is just a little No one coming down to this floor can audit that correctly addressed the over $67,000. Yet a New York family say ‘‘We can’t cut a penny more of problem. From what the IG could re- was legally able to remain in public spending’’ without addressing this view, it found Ginnie Mae’s finances housing when their annual income was first. contained nine material weaknesses, nearly $500,000. In fact, they owned real It appears that we will be down here eight significant deficiencies in inter- estate that produced over $790,000 in for the 30th ‘‘Waste of the Week’’ next nal controls, and six instances of non- rental income within only 4 years. So week, which I regret. But we have plen- compliance with applicable laws and people who had qualified for this had ty of waste lined up to be talking regulations. After reviewing Ginnie achieved tremendous financial suc- about. Mae’s 2015 finances, the inspector gen- cess—from what source, I am not ex- Mr. President, I yield the floor. The PRESIDING OFFICER. The ma- eral found over $1 billion in abuse and actly sure. They have moved from a jority whip. inefficiencies. program that said you have to have in- If this had happened to any business come below $67,000 to qualify. Their in- f in America other than the Federal come was over $500,000, and yet they SENATE ACCOMPLISHMENTS Government, either the business would still retained their qualification. Mr. CORNYN. Mr. President, it is De- be bankrupt, the stockholders would Let’s look at a small town. In Oxford, cember 10, and Congress is working its have depleted its value, or the board of NE, a single-person household earned way through some final items of busi- trustees would have fired its manager. over $65,000 annually and had assets of ness, including a giant spending bill They would have had to reorganize the nearly $1.6 million—far higher than the called an omnibus—some might call it entire—no way can you run a business city’s income cap of $33,500. In other an ‘‘ominous’’—bill because it is so big this way. No way would it be possible words, to be in the program you could it takes all of the discretionary spend- to run it. This would happen only in not earn over $33,500. This individual ing that Congress makes for the entire the Federal Government because we was earning obviously extraordinarily year and wraps it up into one big pack- can print money and we can keep it more than that with a $1.6 million age. I have to say it did not have to be flowing into HUD and these other agen- value of assets and yet still received that way. It shouldn’t have been that cies. And for the 10 years since it was subsidized housing. way. disclosed, they have continued the If this was a one-off, if this was a few In the 114th Congress, under new same practices that have gone on be- people here and there taking advantage leadership, we actually did something fore that don’t even allow us the abil- of the system and so forth—but we are that hadn’t been done in 6 years. We ity to fully understand what they are talking tens of thousands of people on actually passed a budget. The purpose even doing. They have been warned just this single program. Remember, of the budget in part is to set caps on about it, and they have been talked to the audit of HUD looked at a whole spending levels for the Appropriations about it. They said they are going to range of discrepancies. I am talking Committee and for the 12 appropria- clean it up, but it continues. only about a couple of specific pro- tions bills that should come out—and Let me give another example. The IG grams. in fact did come out—of the Appropria- also found waste and fraud and mis- It is not hard to agree that this waste tions Committee. But the reason we management involving HUD’s tax- of taxpayer dollars is something that find ourselves here at the end of the payer-subsidized housing benefits. The can be addressed. I am encouraged that year with this ominous Omnibus appro- low-income housing program provides my colleagues are looking at this in a priations process is that our Demo- affordable housing for households with number of ways—and the more the bet- cratic colleagues filibustered all of incomes less than 80 percent of the me- ter. We do this in respect and honor for those individual appropriations bills. dian income for the area. This program what Senator Coburn started, and I am It would have been so much better to has helped many families put a roof happy to be a part of that. I know the take those up one at a time so the over their head through the years. Un- Presiding Officer is also. American people and Members of the fortunately, because of a loophole in I will conclude by saying for just this Senate could read them and understand HUD’s review policies, households that one agency, I can give a lot more exam- them. We could debate them, we could have too high an income and thus are ples of reckless disregard for use of tax- offer amendments to try to improve not qualified to receive Federal sup- payer money that have been docu- them, and then we could finally pass port have been able to remain in the mented by the inspector general and them and send them on to the Presi- taxpayer-subsidized Federal housing that have been provided to that agen- dent. But because of the desire to force program. cy, which has not been able to clean up the majority to agree to higher spend- The inspector general of HUD found its act since 2005. They have had 10 ing levels, our colleagues across the that more than 25,000 over-income fam- years to do it, and it still continues. aisle filibustered those appropriations ilies were living in HUD taxpayer-sub- The inspector general says it is such a bills. So here we are, at the end of the sidized housing in 2014 alone. So over mess, it is so disassembled, it is so year, with a few huge pieces of legisla- 25,000 people who don’t qualify for the poorly administered that it can’t even tion left to consider. program any longer because their in- come to a conclusion of how bad it is. I think most people looking at Wash- come has improved are still living It is impossible to fully audit the De- ington, DC, these days are tempted to

VerDate Sep 11 2014 00:45 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.009 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8569 want to look the other way because so standing here on the floor—he could FAST, Act, passed this Chamber with much that happens here seems to be so not have done it if it weren’t for the more than 80 votes—80 votes. With 54 contentious and, frankly, a reflection partnership of the senior Senator from Republicans and 46 affiliated with the of our polarized politics in America. Washington, Mrs. MURRAY, a member Democrats, the minority, the Trans- But despite all of the challenges we of the other political party. What they portation bill got 80 votes. Obviously have—and I know the Democratic lead- showed us is how working together in a this was a strong bipartisan vote and a er the other day actually claimed this bipartisan way can achieve real reform testament to the bipartisan spirit this was one of the most unproductive Sen- and positive change for the American year in a Senate that has allowed us to ates in recent memory, only to be people. That is the way the process is make some progress on long neglected given three Pinocchios by the Fact supposed to work. and long overdue goals like transpor- Checker at The Washington Post. So I Sometimes, though, policies are so tation funding. would like to remind the Democratic bad that the best response is simply to Then I think about other topics we leader about some of the things we stop it. I don’t think we should dimin- have worked together on, such as have actually done, working in a bipar- ish or deprecate the merits of stopping trade. When the President said he tisan fashion, to get legislation bad legislation, but where there is an wanted us to pass the Trade Promotion through the Senate, through the area of common interest, where con- Authority legislation, only 13 Demo- House, and to the President’s desk. sensus can be built on what the appro- crats voted for it. So it was up to the Sometimes I think we need a bit of a priate legislative response is, that is majority—the Republicans, the other refresher course on what the Constitu- how it is done—the way Senator ALEX- party—to provide the votes to pass tion provides in terms of the division of ANDER and Senator MURRAY did. Trade Promotion Authority. responsibilities in government. The Of course, we are in a political envi- Not everybody thought it was a good Founders of our great Nation made it ronment where people like to focus on idea, sure. But in my State, one reason hard—not easy. They made it hard to the partisan bickering and gridlock. our economy continues to do better pass laws, and appropriately so, be- But passage of this bill serves as just than most of the rest of the country is cause they viewed the concentration of one example of a Senate that has been that we are the No. 1 exporting State power and the ability to push through back to work under new leadership in the Nation. We believe it is good for legislation as a potential threat to since the last election about a year our economy and for job creation to be their individual liberties. So not only ago, and we appreciate the willingness able to sell things that we make, agri- did they divide the legislative power of our friends on the other side of the cultural goods we grow, and livestock between the House and the Senate, but aisle to work with us on a number of we raise to markets around the world. they also created a Presidency that has areas to try to make those accomplish- That is what Trade Promotion Author- the ability to veto that legislation. ments a reality. ity will allow. It will help Texas farm- Sometimes in their enthusiasm for Another example is in the area of ers, ranchers, and manufacturers get certain policies, some of our own con- transportation funding. Last week, for the best deal possible out of pending stituents get frustrated and they say: the first time in more than a decade, trade agreements such as the Trans- Why couldn’t you pass this bill or that Congress passed a multiyear transpor- Pacific Partnership, which is focused bill? Well, the truth is the only way tation bill. I think it was more than 30 on 40 percent of the world’s gross do- this happens is when there is, first of different times before that Congress mestic product in Asia. It is very im- all, some leadership on the part of the had passed short-term patches to those portant that we stay engaged in Asia majority party because it is the major- spending bills for transportation, and because the default is for China to fill ity leader and the Speaker, the major- you can imagine how difficult it was that void and set the rules. ity leader in the House, who actually for States to actually plan and then to The Trade Promotion Authority, set the agenda. So that is pretty im- implement some of their construction which was an important priority for portant. A lot of the legislation we projects to improve their transpor- the President, happened to be some- considered this year would not have tation infrastructure. In that case, it thing that Republicans by and large even come up if our Democratic friends was the hard work of the senior Sen- agreed with and his own party dis- had been in charge. But once we have ator from Oklahoma, Mr. INHOFE, who agreed with. As I said, only 13 Demo- the bill on the floor, it literally takes chairs the Environment and Public crats voted for it. bipartisan consensus building in order Works Committee, as well as the junior The trade promotion authority legis- to actually get something done. Senator from California, Mrs. BOXER, lation is really the first step to opening I would like to talk about a few of working together as a team; then, of up the doors of opportunity to our those things that we have been able to course, Senator HATCH, chairman of country’s businesses worldwide, but get done this year because I don’t want the Senate Finance Committee, and particularly in Asia. Like the other them to get lost amidst all of the Senator WYDEN, the ranking member, a bills I mentioned, trade promotion au- contentiousness that people read about Democrat, working together to try to thority was the result of the tireless ef- and watch on their television. It is im- come up with some of the funding fort of a bipartisan partnership. In this portant that the people we work for mechanisms. But as the majority lead- case, the senior Senator from Utah, understand we have actually been try- er said last week, it would not have Mr. HATCH, chairman of the Finance ing very hard to get some important been possible to pass this multiyear Committee, and the ranking member of things done. highway bill for the first time in a dec- the Finance Committee, RON WYDEN, After the House of Representatives ade if it weren’t for the bipartisan co- the Senator from Oregon, spent count- passed the Every Student Succeeds Act operation we saw and, particularly on less hours negotiating and renegoti- with a strong bipartisan vote last the Democratic side, the leadership of ating the legislation to bring it to the week, yesterday the Senate followed Senator BOXER. floor and ultimately to be signed into suit by passing that legislation with 85 Now, with this legislation, States law by the President. votes. It obviously wasn’t perfect be- like mine, Texas—growing States can Another example happened to be the cause 15 of our colleagues did not vote plan and build projects that strengthen way we pay physicians under the Medi- for it, but that was about as strong a our Nation’s infrastructure and make care program that our seniors rely bipartisan vote as you get in the Sen- our transportation system safer. They upon. Year after year, we would come ate these days. can avoid some of that churning, un- up with short-term patches to the so- I think it is important to highlight certainty, and inefficiency that comes called doc fix. But this year we passed the time and effort it took many Mem- from temporary patches. President a permanent fix in a negotiation be- bers of this body to create and ulti- Obama signed that legislation last tween Speaker Boehner and the Demo- mately pass this bill. Of course, it took week, and now it is the law of the land. cratic leader in the House, Congress- the leadership of Chairman ALEXANDER Like the education bill I mentioned a woman PELOSI, that actually preserves of the Health, Education, Labor, and moment ago, the transportation fund- seniors’ access to care under the Medi- Pensions Committee. But the fact is— ing bill, which was called the Fixing care program—a noteworthy accom- and I know he would say this if he were America’s Surface Transportation, or plishment.

VerDate Sep 11 2014 00:45 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.011 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8570 CONGRESSIONAL RECORD — SENATE December 10, 2015 Another subject I am particularly takes leadership, and it appeared to 25 years, they have flown over 125,000 proud of is that we passed the Justice take a new majority and a new major- combat hours in 5 different combatant for Victims of Trafficking Act, a bill ity leader after this last election to get commands. As a matter of fact, they this Chamber passed with 99 votes. the Senate back on track. have flown every day since 9/11. This law will help victims of modern- Even many of our Democratic friends The ‘‘J’’ in JSTARS stands for day slavery recover and rebuild their who served in the majority previously ‘‘joint.’’ Team JSTARS is a blended lives and will make sure these sur- couldn’t even get votes on amend- unit. The Air Force, Army, and Na- vivors—some of whom are children— ments, on legislation they wanted to tional Guardsmen who work on the are not treated like criminals but offer, because the Senate was basically team, eat, sleep, and deploy together. given the help they need to heal and to shut down. But now we are back to These men and women leave for days, get on with their lives. work, and the Senate is functioning weeks, and sometimes they deploy for We have also passed critical bills to the way it should. months to protect our men in uniform protect our country from cyber at- I wanted to say a few words to note around the world. Not only are they a tacks—something we saw happen at these accomplishments but also to say joint mission with the Army, but the IRS, where 100,000 records of tax- thank you to those who have worked JSTARS also does several mission sets. payers was hacked in a cyber attack together to make it possible, who put JSTARS does command and control as and stolen and compromised. We also the American people ahead of party to well as providing intelligence, surveil- saw millions of people’s records com- deliver real results in the Senate this lance, and reconnaissance. From stake- promised at the Office of Management year. out to shoot-out, JSTARS is capable of and Budget. I yield the floor. supporting all missions in all phases, Congress has passed legislation, The PRESIDING OFFICER. The Sen- with full spectrum capability from low which is now being reconciled with a ator from Georgia. to high intensity conflict. different House bill to be able to get f In the words of General Kelly, that to the President, to provide that JOINT SURVEILLANCE TARGET SOUTHCOM’s commander, JSTARS is security that we all need when we are ATTACK RADAR SYSTEM quite unique, ‘‘a true force-multiplier, online. And as I said, we passed the Mr. PERDUE. Mr. President, I have working seamlessly with both the DOD first budget that has been passed in 6 and interagency assets, generating im- years. The point I am trying to convey spoken at length about how our debt crisis and our global crisis are inter- pressive results in our asset-austere en- is that not everything up here is fight- vironment.’’ What makes JSTARS ing like cats and dogs. It is not the connected. Before I speak today, though, I want to thank the Senator unique from other intelligence, surveil- shirts versus the skins. It is not like lance, and reconnaissance platforms is the Democrats and Republicans can from Texas for his leadership this year, as we did get the Senate back to reg- that on each JSTARS plane, we have never find anything that we agree on. unique manpower at the tactical edge Sure, there is there is a lot that we dis- ular order. I know we have much to do, but I appreciate his leadership as whip to talk to our servicemembers on the agree on, and that is fine. It is fine to ground with 22 radios, 7 data links, 3 have policy differences. This is the and as a fellow colleague. Thank you. Today I rise to speak about how this Internets, and a secure telephone sys- forum where those policy differences tem. These are things we cannot take are debated and where, if possible, if overlap between our debt crisis and our global security crisis impacts the fu- for granted. Our men and women on common ground can be found, we can the ground talk about this incessantly. find that common ground. ture of a vital Air Force asset: the I have told this story, and I am going Joint Surveillance Target Attack As I saw it in Iraq and Afghanistan, to conclude here since I see our col- Radar System, or JSTARS, as they call we could not fulfill our mission with- league from Georgia waiting to speak. it. I visited with Team JSTARS to hear out this type of capability in the air, When I came to the Senate, Ted Ken- about their critical role. We made a overseeing our men and women every nedy, from Massachusetts, the ‘‘liberal visit. We talked about how their role day. As we see threats around us from lion of the Senate,’’ who had been here affects our national security and our an increasingly aggressive Russia and for so long, was working with one of national defense and countering the China, the threat of electronic warfare the most conservative Members of the global security crisis we face. I have is also a growing concern. If satellite Senate, the Senator from Wyoming, on also seen in Iraq and Afghanistan first- communication radios are targeted—if the HELP Committee—the Health, hand how this platform is absolutely these systems are degraded by the Education, Labor, and Pensions Com- vital to protect our forces on the enemy in any way—JSTARS can in turn provide the same critical capa- mittee. I asked Mr. ENZI, the Senator ground in harm’s way. from Wyoming: How is it that you and The global security crisis facing our bility in theater. This is a redundant Senator Kennedy, who are polar oppo- Nation continues to grow. First, we capability we cannot do without. This sites, can find common ground and ac- face our traditional rivals—China and platform has proven itself to be invalu- tually work productively on the HELP Russia—as they become ever more ag- able and indispensable to our Armed Committee? I have never forgotten it. gressive. The persistent threat of nu- Forces—not just in the Air Force and Army but in every service—the Ma- Senator ENZI told me: It is simple; it is clear proliferation is now exaggerated the 80–20 rule. We look for the 80 per- and increasing every day with Iran’s ef- rines, the Navy, the Coast Guard, and cent, if possible, that we can find com- forts and, of course, we see what is even in some counter-drug missions. mon ground and agree on, and the 20 going on in North Korea as well. Fi- In the Pacific, JSTARS has been a percent we can’t agree on, we leave for nally, we face threats from radical key part of the Asia rebalance, helping another fight another day. jihadist terror groups, not just in the to maintain stability and assure allies That always stuck with me as a very Middle East but here at home, unfortu- by providing vital insight to maritime constructive way to work in a highly nately—and not just from ISIS. AQAP, forces as they push back against an ex- polarized environment where many of Boko Haram, and al-Shabaab, to men- pansive China. In fact, as China con- us share completely different views tion a few, are all thinking about how tinues to challenge freedom of naviga- about public policy. But we owe it to to do harm here in our homeland. tion and asserts itself in the Asia-Pa- our constituents, to this institution, As a result, we know that the need cific region, PACOM is asking for more and to the American people to try to for American leadership in the world and more JSTARS presence at a very find common ground where we can and isn’t going to go away any time soon. time when their capability is declining. offer them constructive solutions, as Team JSTARS plays a critical role in Also in Asia, U.S. Forces Korea com- we have done time and again this Con- our response to these threats. JSTARS mander General Scaparrotti calls gress. is an Air Force platform that provides JSTARS ‘‘very important to us’’ as he While there are some who want to critical intelligence, surveillance, and deters an unpredictable North Korea. distract or misconstrue or deny the reconnaissance, or ISR, and ground Here in this atmosphere, JSTARS has fact, the fact is there has been bipar- targeting capabilities in service to all flown in support of homeland defense, tisan accomplishment this year. But it branches of our military. Over the past doing drug interdiction missions.

VerDate Sep 11 2014 00:45 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.012 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8571 General John Kelly, the SOUTHCOM man those planes, who service those today, we have at best a 4-year gap, not commander, said: ‘‘JSTARS is espe- planes, who keep those planes in the to mention the problem with the cially important, providing a detailed air. These are talented professionals. I planes. What do we do with these pro- maritime surveillance capability that have met with them. They are dedi- fessional military men and women who is unsurpassed.’’ cated professionals, protecting our sol- are irreplaceable—pilots, navigators, To give you a comparison, a single diers on the ground. They are com- engineers, technicians, mechanics, JSTARS sortie—a single plane—can mitted to this mission, but they have schedulers, and computer experts. This cover the same search area as 10 mari- to have our help. The men and women is a capability we cannot do without. time patrol aircraft sorties. But the fu- on the ground in Iraq, Afghanistan, and Not only do we need to ensure that ture of this platform is in jeopardy. As around the world deserve our help. But the new JSTARS fleet is funded, but threats against our Nation have when it happens to have a gap like again this has to happen immediately evolved, JSTARS has too. But there this, our irresponsibility as a Congress if we are going to manage this gap. are only 16 of these planes covering our and as military leadership shows up. This gap in capability that we see on needs worldwide over the last 25 years. We cannot allow this to happen. Re- this chart will become a reality if the We have relied on JSTARS for 25 years capitalization for the JSTARS fleet pace of recap doesn’t change. We need a to protect our men and women whom needs to happen, and it needs to happen faster solution. This chart shows why we put in harm’s way—to protect them right now. As these aircraft age, depot this recap needs to be a rapid acquisi- while other people are trying to do maintenance is not only more costly tion program and we need to get on them harm. but also keeps these aircraft, which are that immediately. Unfortunately, in the last 25 years, in high demand for every combatant We need to ensure that this critical these planes are beginning to wear out. commander, from fulfilling their mis- platform stays in theater. Our com- They are reaching the end of their sion fully and putting our soldiers on bative commanders demand it, our service life. These planes have been in the ground in mortal danger. This is troops on the ground depend on it, and service since the early 90s. But even precisely where we see the debt crisis they certainly deserve it. We cannot then, these planes weren’t new when and global security crisis intersect. allow Washington’s dysfunction to put the Air Force acquired them. Each In the last 6 years, I have spoken our men and women in combat theaters plane on average had over 50,000 hours about this before, but we borrowed 40 in further danger. This needs to get when we bought them. The average age percent of what we have spent as a fixed, and it needs to get fixed right of the fleet is 47 years. Federal Government. This puts our now. If you look at just one example in the ability to support a strong foreign pol- I yield my time. JSTARS fleet, there is one aircraft icy backed up by a strong military in I suggest the absence of a quorum. that had 16 different owners or lessors jeopardy. As Admiral Mullen, former The PRESIDING OFFICER. The over that time before it became a Chairman of the Joint Chiefs of Staff, clerk will call the roll. JSTARS, including Pakistani Inter- once said, the greatest threat to our The legislative clerk proceeded to national Airlines and Afghan Airlines. national security is our own national call the roll. I think it is very ironic that today that debt. Mr. CARPER. Mr. President, I ask very plane flies oversight missions over The JSTARS Program is an example unanimous consent that the order for those two countries. of how our debt crisis is impacting our the quorum call be rescinded. As these planes near the end of their ability to fulfill our mission require- The PRESIDING OFFICER. Without service life, they are spending more objection, it is so ordered. and more time in depot maintenance. ments. JSTARS recapitalization, More maintains is more costly. Dra- which would replace these planes over f time, is the No. 4 priority within the matically increased maintenance time TRIBUTE TO FEDERAL Air Force. The other three priorities is threatening aircraft availability and EMPLOYEES mission readiness. This in turn impacts ahead of it are very valid, but very ex- U.S. COMPUTER EMERGENCY READINESS TEAM the number of JSTARS that can be put pensive platforms. Just last month, the Air Force acqui- Mr. CARPER. Mr. President, I men- into mission at any one time and be tioned to the Presiding Officer in our out in the combatant commands while sition chief, Assistant Secretary brief conversation before I came to the doing their job, while day by day the LaPlante, said that the JSTARS recap podium that one of the things I try to demand from combatant commanders might get scrapped thanks to sequester do every month or so is come to the for JSTARS grows. and tight budget constraints. Again, What is more concerning is that as this is a result of our fiscal intran- floor, usually when things are slower JSTARS near the end of their service sigence and poor planning by military and there is not a lot going on, to talk life, as you can see on this chart, there leaders. This prohibits us from meeting about some of the folks who work for is a gap. If we do nothing, we will have the very basic needs of our men and us and serve our country in the Depart- a gap of 10 years. The best we could do women on the ground who depend on ment of Homeland Security. starting today is to shorten that gap to this critical platform to protect them Earlier this week, as my colleagues 4 years. This is a gap we cannot allow and provide overarching eyes and ears may recall, an outfit called the Part- to happen. in the battle space. This should not nership for Public Service released an This chart shows the declining avail- have happened. The intransigence of annual report in which they rank the ability of the current fleet down to Congress over the last decade and the best places in which to work in the zero by 2023. It also shows that under intransigence of our military leader- Federal Government. The report is the current plan—pending DOD ap- ship and procurement planning are all based on surveys that are conducted proval and funding—the replacement at fault. We can fix this. literally by hundreds of thousands of fleet does not even come online until This week I am joining Senator ISAK- Federal employees. This year it showed 2023, meaning we will have a 10-year SON and at least 11 other Senators in an increase in overall employee morale gap. They don’t get back to full writing to Secretary of Defense Carter for the first time, I think, in 4 or 5 strength until around 2027—again, the about the importance of funding for years. That is good news. 10-year gap. Due to the increased main- the next fleet of JSTARS in next year’s Despite the progress that appears to tenance requirements of this aging budget request. have been made in a number of Federal fleet, JSTARS is already at a point I wish to thank the defense appropri- agencies, not all but many components where we only have about half the fleet ators as well as the Armed Services of the Department of Homeland Secu- available to fly at any point in time. Committee for their support for this rity continue to struggle to make their Even if we extend the service life of critical platform and mission. I look employees feel good about their work JSTARS and accelerate the replace- forward to continuing to work with and what they do for the rest of us. ment, we can only narrow the gap to 4 them to support JSTARS. Not only do I know the Secretary of the Depart- years. This is unacceptable. we need to ensure the new JSTARS ment, Jeh Johnson, and his team have I have talked about the planes. Let fleet is funded, but this needs to be taken a number of significant steps to me talk about the men and women who done fast. As I said, if we do nothing make the Department a better place to

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Our legislation—which Again, US–CERT—the U.S. Computer Senate and the House—also has a re- former Senator Dr. Tom Coburn and I Emergency Readiness Team—is the sponsibility to help improve morale, coauthored, supported by many in our main operational team within the not just at the Department of Home- committee and outside of our com- NCCIC. It is the operational team with- land Security but in the Federal Gov- mittee—gave the NCCIC the strong in the NCCIC itself. ernment at large. legal foundation it needs, that it What do they do? They pool informa- Considering the fact that we began lacked, in order to do their job and en- tion and they share that information 2015 with a fight in this body right here gage with the private sector in a joint throughout the Federal Government. over whether we should even fund the effort to better secure critical cyber The US–CERT also shares information Department, I don’t believe those of us networks. with our partners in the private sector in the Senate or in the House are doing I think we have made real progress across the country and with our allies all we can do, that we are doing our on cyber security legislation this year around the world. It is an important part well. As I said earlier, that is why as well. I think we are maybe poised to job. It is not a job that is done for 5 I come to the Senate floor on a number do even more. I would like to use a days a week, 8 hours a day. It is a 24- of occasions throughout the year to football analogy. The team flips a coin hour-a-day, 7-day-a-week operation, highlight some of the extraordinary and somebody receives and somebody and these men and women work to stay work done every day by the dedicated kicks the ball. Receiving takes the ball ahead of the bad actors who are trying men and women at the Department of maybe deep in their own territory, and to steal our personal information and Homeland Security. then they march down the field across trying to really harm our economy. In Today I rise to recognize no one indi- the 50-yard line into the other team’s some cases they are plotting to damage vidual. Usually I pick one or two peo- territory, then they get to the 20-yard our critical infrastructure such as our ple who have done extraordinary things line, and then moving closer to the electric grid, our financial systems, with their lives, but today I am going other team’s goal line, they would say and our communications systems. to focus on a whole team of people who they are in the red zone. In terms of US–CERT was established 12 years do important work every day to defend our march on cyber security legislation ago as the Department of Homeland our Nation from the growing and evolv- here and in the House, thanks to the Security was first being stood up. The ing threat our country faces in cyber good work of the Intel Committee here mission of US–CERT is simple, I think: space. and the Committee on Homeland Secu- to make the Internet a safer place for It seems as though we don’t go a rity and Governmental Affairs as well, everyone by helping to improve cyber week without hearing about another we are not just in the red zone, we are security across the country. I will say major breach at a business or a govern- inside the 10-yard line and it is first that again. The mission of US–CERT is ment agency. We are under unrelenting down and goal to go. very simple—not easy but simple. It is attack from all over the world—in Unfortunately, the clock is running to make the Internet a safer place for some cases from sovereign nations, in out and we don’t have forever to get everyone by helping to improve cyber other cases from criminal organiza- the job done, but if we are smart and security across our country. To do this, tions, and in other cases just from don’t give up, we can have a real suc- US–CERT operates a wide variety of pranksters. Over these past few years, cess for the American people in programs. These programs include sev- we have seen major attacks on the Of- strengthening our cyber defenses in a eral information sharing collaboration fice of Personnel Management, on a real way. programs, incident response teams that great many banks and other busi- The legislation we passed this fall provide onsite assistance to attack vic- nesses, and even the email of the Direc- was called the Cybersecurity Informa- tims, programs such as the EINSTEIN tor of the Central Intelligence Agency. tion Sharing Act, and it represents a intrusion detection and prevention sys- These attacks make clear that the collaboration on a number of cyber se- tem to protect Federal agencies, edu- threats we face online are complex, and curity issues. In the bill the Depart- cation and awareness programs, and unfortunately we will be struggling ment of Homeland Security plays a deeply technical forensic analysis. The with how to deal with them for the central role as they interface between US–CERT partners with a wide variety foreseeable future. industry and the government. The bill of organizations. Among them, they Fortunately, in Congress we have also includes provisions to enhance the partner with powerplants and utilities, been making some progress combating cyber security program at the Depart- they partner with financial institu- these cyber threats through legisla- ment of Homeland Security known as tions, they partner with software com- tion. Last year we passed cyber secu- EINSTEIN, which uses classified threat panies, with researchers, and they rity legislation—four bills in fact—out intelligence to protect all of our civil- partner with certain teams in other of the Committee on Homeland Secu- ian agencies. countries and other cyber operation rity and Governmental Affairs. These I am mentioning all of this legisla- centers such as those over at NSA, the four bills were aimed at strengthening tion to show the critical role or under- National Security Agency, and the FBI the ability of the Department of Home- line the critical role the Department of as well. land Security to perform their cyber Homeland Security plays in security When a major attack occurs in the security mission. for our Nation. At the center of the De- Federal Government or the private sec- Among those bills was one to update partment’s cyber security operation is tor, the men and women at US–CERT how our government protects its own the U.S. Computer Emergency Readi- mobilize to travel to the victim’s loca- networks. This bill includes language ness Team, which is also known as US– tion. They help mitigate the attack. clarifying the role the Department CERT. They help to strengthen the victim’s plays in overseeing and enhancing se- To my left is a picture of our Presi- cyber systems, and then they commu- curity and other agencies. Two other dent, and the handsome fellow he is nicate with their partners so everyone bills gave the Department some of the speaking to is a fellow named Jeh can secure their systems against simi- tools it needs to strengthen its cyber Johnson, who is the Secretary of the lar attacks. We learned from that bad security workforce, and just last Department of Homeland Security, a experience, and hopefully we can help month the Department of Homeland role he has filled for I believe most of reduce the likelihood that someone Security announced that it now seeks 2 years now. I think he is doing a splen- else will suffer a similar fate. to hire up to 1,000 new cyber security did job, with the great support of the Earlier this year, when the Office of employees over the next 6 months Deputy Secretary there, Alejandro Personnel Management discovered a

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I talk about him a 4 months, the team worked literally really two things: No. 1, they knew the lot when I am speaking on Sandy Hook around the clock at OPM to assess and work they were doing was important, because I have gotten to know his par- to monitor Federal networks and to de- and No. 2, they felt as though they ents pretty well over the years, so I velop new protections against this type were making progress. Think about feel like I know Daniel pretty well. of intrusion that OPM had experienced. that. They knew the work they were Now that I have a little 7-year-old first Now, once US–CERT realized that doing was important and they felt as grader at home, too, I, frankly, feel other Federal agencies were also vul- though they were making progress. closer than ever before to the families nerable to this kind of a breach, they Well, there is probably nobody in our such as the Bardens who are still griev- immediately shared the indicators of country—at least working within the ing. the attack with network analysts Federal Government—who does work Daniel had this sense of uncanny em- across the Federal Government. This more important than the folks at the pathy that, now as a father of a 7-year- allowed other Federal agencies to scan Department of Homeland Security. The old, I know is, frankly, not normally their systems and to make sure they House and the Senate have worked in visited upon children that age. Daniel had not been compromised by the same recent years to strengthen the ability just loved helping people in big and hacker and to be on alert for that of the Department of Homeland Secu- small ways; he was so preternaturally hacker’s attack. rity, including the US–CERT team, to outward in his sympathy for others. Because of the scale and impact of be able to do their job even better. There is a story his dad likes to tell the OPM breach, which I think actu- My hope is that in years to come, as about the challenge of going to the su- ally ended up affecting more than 20 we hear these annual reports on best permarket with Daniel because when million people, the US–CERT team places to work within the Federal Gov- they would leave, Daniel always liked worked long hours to make sure they ernment, that we are going to find that to hold the door open for his family. could provide guidance to Federal the people at the Department of Home- But then he wouldn’t stop holding the agencies as quickly as possible so they land Security, including NCCIC and door open because he wanted to hold it could protect their networks from US–CERT, will be saying more and open for all of the rest of the people similar attacks and prevent the more: I like working here because I who were leaving the grocery store. So attacker from using the information know the work I do is important, and I the family would get all the way to the they obtained against us. Their work feel as though we are making progress. car, and they would look back and they not only strengthened the Office of This Senator would just say to every- wouldn’t have Daniel because he was Personnel Management’s cyber secu- one at US–CERT, thank you for all the still holding the door open. It was rity posture, it also bolstered cyber se- good you do for us. Thank you for your small things like that that made him curity across the entire Federal Gov- service to this country. And to each of such a special kid. ernment. you, we wish you happy holidays and His father, Mark, wrote one day: US–CERT and all the cyber warriors Merry Christmas. We would also say, ‘‘I’m always one minute farther away at the NCCIC work tirelessly every day here is hoping that we will all have a from my life with Daniel, and that gulf to out-think and out-innovate our more peaceful new year. I think the keeps getting bigger.’’ His mother, cyber enemies. The legislation we en- American people are ready for that. I Jackie, in the months and years fol- acted last year and the bill we are know the Presiding Officer is, and so lowing Daniel’s death, developed a working hard to send to the President am I. habit of what grief counselors call de- this year with great bipartisan support With that, I yield the floor. fensive mechanisms. She would some- here in the Senate and the House as I suggest the absence of a quorum. times pretend that Daniel was at a well puts the Department of Homeland The PRESIDING OFFICER (Mrs. friend’s house for a couple hours, sim- Security in the spotlight and entrusts FISCHER). The clerk will call the roll. ply in order to give herself the strength them with ever-greater responsibility The senior assistant legislative clerk to do simple household chores like for years to come. We in Congress rec- proceeded to call the roll. cooking dinner or returning emails. ognize the critical role US–CERT plays Mr. SANDERS. Madam President, I The only way she could do it is if she in strengthening our Nation’s cyber se- ask unanimous consent that the order pretended for a small slice of time that curity, and we must continue to sup- for the quorum call be rescinded. Daniel was actually still alive. port these hard-working men and The PRESIDING OFFICER (Mrs. It is hard to describe for my col- women in their mission. ERNST). Without objection, it is so or- leagues here today the grief that still, Mr. President, I will close by telling dered. frankly, drowns Sandy Hook parents a story. I have told this story before, (The remarks of Mr. SANDERS per- and the community at large. It is total, but it is a good one, and it is certainly taining to the introduction of S. 2391, it is permanent, and it is all-con- germane to what we talked about here S. 2398, and S. 2399 are printed in to- suming. But for many of those parents today. day’s RECORD under ‘‘Statements on In- and many of those community mem- A couple of years ago, I was listening troduced Bills and Joint Resolutions.’’) bers, the grief now is mixed with a to a radio station on my way to the Mr. SANDERS. I yield the floor. combination of anger and utter bewil- train station in Delaware, and I caught The PRESIDING OFFICER. The Sen- derment, all of it directed at us, in the NPR news right at 7 a.m. as I made my ator from Connecticut. Senate and in the House of Representa- way to the train station in Wil- f tives. mington. On the news that morning, On December 14, Adam Lanza walked they gave a report about an inter- THIRD ANNIVERSARY OF SANDY into Sandy Hook Elementary School national survey that was taken where HOOK TRAGEDY armed with a weapon that was designed they asked thousands of people in dif- Mr. MURPHY. Madam President, for the military—designed to kill as ferent countries and here: What is it next week we will mark the 3-year an- many people as quickly as possible. He about your work that you like? What is niversary, for lack of a better word, of had 30-round magazines, not designed it about your work that makes you the massacre at Sandy Hook, CT. Sen- for hunting or for sport shooting but to like your job or not like your job? ator BLUMENTHAL will be joining me on destroy as much life as quickly as pos- Some of the people who were asked the floor momentarily. I wanted to sible. Importantly, he left at home his said: Well, the thing I like about my come to the floor to speak to our col- lower round magazines. And the design job is I like getting paid—not that they leagues for a few moments about what of his weapons worked—to a tee. In ap- are in it for the money, but they like this week will mean to us in Con- proximately 4 minutes, he discharged

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.017 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8574 CONGRESSIONAL RECORD — SENATE December 10, 2015 154 rounds, and he killed with ruthless passion as we sit here 3 years after the And we are furious. efficiency: 27 people shot, 26 dead, in- bloody massacre at Sandy Hook. Furious that 26 families must suffer with cluding 20 first graders. Our mental health system is broken. grief so deep and so wide that it is unimagi- We have closed down 4,000 inpatient nable. Here are their names: Rachel Furious that the innocence and safety of D’Avino, 29; Dawn Hochsprung, 47; beds since the recession began. It is my children’s lives has been taken. Anne Marie Murphy, 52; Lauren Rous- harder than ever for families to get the Furious that someone had access to the seau, 30; Mary Sherlach, 56; Victoria help they need. If you read the report type of weapon used in this massacre. Leigh Soto, 27. on Adam Lanza, you will see a very Furious that gun makers make ammuni- And the students: Charlotte Bacon, troubled young man who was utterly tion with such high rounds and our govern- Daniel Barden, Olivia Engel, Josephine failed by the behavioral health system ment does nothing to stop them. Furious that the ban on assault weapons Gay, Dylan Hockley, Madeleine Hsu, that stood around him. was carelessly left to expire. Catherine Hubbard, Chase Kowalski, Stronger gun laws do work. They ab- Furious that lawmakers let the gun lobby- Jesse Lewis, Ana Marquez-Greene, solutely would have prevented some of ists have so much control. James Mattioli, Grace McDonnell, those kids from dying. And the data is Furious that somehow, someone’s right to Emilie Parker, Jack Pinto. irrefutable. This mythology that you own a gun is more important than my chil- It keeps going: Noah Pozner, Caroline are safer with more guns has zero basis dren’s rights to life. Previdi, Jessica Rekos, Avielle in fact. The data tells us that in States Furious that lawmakers are too scared to take a stand. Richman, Benjamin Wheeler, and Alli- that have tougher gun laws, they have son Wyatt. less gun deaths. In States that have She writes: There are a handful of kids who higher rates of gun ownership, they I ask you to think about your choices. aren’t on that list, because there were have more gun deaths. Stronger gun Look at the pictures of the 26 innocent lives children in Victoria Soto’s classroom laws work. taken so needlessly and wastefully, using a weapon that never should have been in the who were able to escape, likely—as in- To be honest, the burden is not just hands of civilians. Really think. Changing vestigators believe—when Adam Lanza on us; it is also on the administration. the laws may ‘‘inconvenience’’ some gun had to reload his weapon to put an- I have called, along with many of my owners, but it may also save a life, perhaps other 30 bullets in it. colleagues, on the administration to a life that is dear to me or you. Are you real- So 3 years later, as we grieve those take some steps, if Congress won’t, to ly willing to risk it? You— 26, we are still having these awful, make sure that those who are truly Speaking to us— searing questions to ponder: What gun dealers, though they might not have a responsibility and obligation to act would have happened if Lanza didn’t have a brick-and-mortar store—those now and change the laws. have an assault rifle? Would he even who are selling guns with frequency at I hope and I pray that you do not fail. have had the perverse courage to walk places such as gun shows or on the I yield the floor. into that school if not aided by the se- Internet—have to do background The PRESIDING OFFICER. The Sen- curity of having a high powered killing checks, a recognition that they are ator from Connecticut. machine? Would less kids have died? dealers just like people who have stores Mr. BLUMENTHAL. Thank you, What if his cartridges had six or 10 bul- in your downtown. Madam President. lets instead of 30? Would more kids be So my plea, 3 years after this tragedy I am honored to follow my colleague alive if someone had been able to stop that utterly transformed that commu- and friend Senator MURPHY in an effort him while he fumbled with another re- nity, is for us to recognize that there is that has involved both of us, our minds load? no other country in the world that and our hearts, from the day we stood The facts of Sandy Hook are hard to would live with this level of slaughter. together on December 14, 2012, in New- hear over and over, but they are impor- There is no other nation in the world town, Sandy Hook. We have stood to- tant because they should have edu- that would accept 80 people dying gether and worked together with the cated us on ways that we could come every day from preventible gun vio- families and community that so in- together to make another mass shoot- lence and mass shooting after mass spired us with their strength and cour- ing less likely. But we ignored Sandy shooting and not even try to fix it. age. Hook, and it happened again and again. That is what is so offensive to me, and If I have one overriding image and This year, there have been more mass 3 years later that is what is so hard to message in my mind and heart, it is shootings than there have been days in understand for the families whom we those families most directly affected the year: 9 in Charleston, 5 in Chat- represent in Sandy Hook, CT. by the deaths of 20 beautiful children tanooga, 9 again in Roseburg, 14 in San If you don’t want to believe me, I am and sixth grade educators, the families Bernardino. going to close the exact same way I in the reverberating circle of people so As I sat at that firehouse with Sen- closed 2 years ago on the 1-year anni- deeply touched, hurt, and harmed by ator BLUMENTHAL that afternoon in versary. I am kind of ashamed that I the evil on that day, and the people Sandy Hook, as the news rolled into have to read this letter again because who exemplified the good of that day, those parents that the children they every single word of it still applies 2 the first responders, the firefighters loved wouldn’t be coming home, if years later, when the epidemic of mass and police, who saw things no human someone had told me that day that we shootings in this country hasn’t abated being should ever have to witness and would do nothing—that our response as but simply grown. It is from a mom emerged also deeply hurt and harmed. a Congress and as a country would be whose child survived, and I will close The courage and strength of Newtown, utter silence—I wouldn’t have believed with it. that community, and the families will it—no way. But if somebody then told In addition to the tragic loss of her play- always inspire me. me that it would happen again and mates, friends, and teachers, my first grader I have worked on gun violence pre- again and again and we still wouldn’t suffers from PTSD. She was in the first room vention for many years, a couple of do anything, I would have collapsed in by the entrance to the school. Her teacher decades before December 14, 2012. I was was able to gather the children into a tiny the attorney general of the State of disbelief. bathroom inside the classroom. There she I am going to tell my colleagues, stood, with 14 of her classmates and her Connecticut and a State legislator ad- that is how the families feel. Whatever teacher, all of them crying. You see, she vocating for the assault weapon ban we think is the best way to stop this heard what was happening on the other side and other gun violence prevention carnage—changing our gun laws, giving of the wall. She heard everything. She was measures. Then, as attorney general, I more resources to law enforcement, sure she was going to die that day and did defended the assault weapon ban when changing our mental health system to not want to die for Christmas. Imagine what it was challenged in court, tried the get more help to those who are becom- this must have been like. She struggles case, and we successfully argued it in ing unhinged and thinking about set- nightly with nightmares, difficulty falling the State supreme court. So I knew in- asleep, and being afraid to go anywhere in tling their real or imagined grievances her own home. At school she becomes with- tellectually and abstractly why we with violence—do something to honor drawn, crying daily, covering her ears when need in this Nation and in Connecticut those children and adults. Do some- it gets too loud and waiting for this to hap- stronger measures to stop gun vio- thing to show there is an ounce of com- pen again. She is 6. lence. The experience of that day left a

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The very same pub- Branstad will become the longest serv- on that day. lic health community that could help ing Governor in the Nation’s history. I will never forget being at that fire- us understand and take action is He breaks a record set by Governor house on that afternoon, but I will also gagged and straitjacketed by the U.S. Clinton of New York in the early days never forget that evening at St. Rose of Congress. Even the initial author of of our country, even before the Con- Lima Church when the community that amendment restricting research, stitution of our country was estab- came together to light a candle rather former Congressman Jay Dickey, a Re- lished, between the Articles of Confed- than curse the darkness. publican from Arkansas, said he has re- eration into the early years of New I had a conversation with one of the grets. ‘‘I wish we had started the prop- York as a State in the United States of parents who lost a child. It was either er research and kept it going all the America. That is a very large feather that night or in the grief-filled days time,’’ he said. in the cap of a farm kid from the town thereafter, when I said to her at some The Congress owes the American peo- of Leland, population 289, in Winnebago point: When you are ready, I would like ple more, but this promise I can make. County in northern Iowa. to talk to you about what we can do We are not going away. We are not In many ways, a smalltown farm about this. She said to me: I am ready abandoning this effort. We will not be background prepared Terry Branstad now. silenced. We will not be inactive. We for his success as a State house mem- That is the courage we have seen in are not giving up. ber, Lieutenant Governor, and then the last 3 years from those families. It Twelve years it took to pass the Governor on two separate occasions. If is the courage we saw this morning at Brady bill, after the President of the he finishes this term—and he will—it an event in the Capitol. It is the cour- United States was almost assassinated will add up to 24 years as Governor. age we have seen again and again from just a few miles from here and his The farm crisis of the 1980s hit every Newtown, from all over the country, Press Secretary, Jim Brady, was para- farm State hard, and Iowa, at the heart loved ones and victims of all of the lyzed. It took 12 years to pass, with the of the Nation’s breadbasket, suffered places—they become kind of landmarks support of President Reagan, and we deeply. All of us who lived in Iowa at that we recite. There are 30,000 deaths need to be prepared for that kind of that time saw friends and neighbors every year from places whose names we marathon. lose their family farms and struggle could never recite here because it President Reagan famously said: with what to do next for a living. The would be too long and because they are ‘‘Facts are stubborn things.’’ We can- State needed men and women with vi- the mundane places that all of us go. not deny the facts that drive this de- sion and ambition to pull the economy As my colleague Senator MURPHY bate because laws do work. We come out of the doldrums. It needed people said this morning, all of us are just one here every day with the presumption who could see the potential for farmers second away from becoming victims. that what we do makes a difference, to add value to their operations and for The fact is we are all touched by gun that the laws we pass make a dif- Iowa to diversify its economy, which it violence and we are all harmed and ference. Gun violence prevention laws has now done. hurt by it. do work. Of all the people out there, Terry I will never forget that evening. I Branstad stood out as Governor. He When the shooter at Sandy Hook had will never forget also the day on the was at the forefront of creating a new to change magazines, children suc- floor of this House when the Senate environment to do business. He wel- ceeded in escaping. If he had been failed to approve a commonsense pack- comed and actively encouraged innova- barred from having the assault weapon, age of gun violence prevention meas- tion that would capitalize on Iowa’s had it been banned, unable to bring it ures, universal background checks, bedrock work ethic and our strong to the site of that horrific tragedy, it banning illegal trafficking, a ban on as- schools. As a result, agriculture was might have made a difference. sault weapons, the mental health ini- and continues to be a mainstream of The PRESIDING OFFICER. The Sen- tiative, and from the Gallery someone Iowa’s economy. But agriculture more ator’s time has expired. shouted down: Shame. They may have than ever is an engine for many other said: Shame on you. There is no record Mr. BLUMENTHAL. Madam Presi- employment sectors: renewable energy, of it because we record only what hap- dent, I ask unanimous consent for just manufacturing, crop research, insur- pens on the floor, but on that day the 1 minute. ance and financial services, and, of most profound and eloquent comment The PRESIDING OFFICER. Without course, as we Iowans know, much was those three words: ‘‘Shame on objection, it is so ordered. more. you.’’ Mr. BLUMENTHAL. If the shooter in As Governor from 1983 to 1999, Terry Shame on us in the U.S. Senate. We Charleston had been barred, as he Branstad took the helm during some of are complicit by our inaction. Congress should have been because he was ineli- the State’s worst economic turmoil in is complicit by its silence. Moments of gible, rather than having the oppor- decades and steered the ship toward silence have their place, but silence by tunity to purchase weapons as a result impressive economic growth. The un- inaction here is complicity. It is not of the 72-hour rule loophole, it might employment rate went from 8.5 percent only the failure to act, it is also the ob- have made a difference there. We can’t to a record low of 2.5 percent. The Gov- struction that has been placed in the say for certain. ernor could have rested on those lau- way of knowledge and research. The so- We know there is no panacea, no rels and continued to work outside of called rider—nobody outside the U.S. magic solution, but the loved ones of State government after he retired after Capitol would talk about riders, an the families of Sandy Hook, San those first 16 years, but he again an- amendment that stops the government Bernardino, Colorado Springs, swered the call when the State needed from doing research—literally re- Roseburg, Roanoke, Charleston, and him again in 2010. He put the State of search, fact gathering, investigation on Lafayette have to make a difference Iowa’s interests ahead of his own and gun violence. The cause of 30,000 deaths here. Honor them with action is what went to work for Iowans this second every year in this country cannot be we should do; inaction is complicity. time, bringing his valuable leadership researched by the Centers for Disease We owe the American people better. We to the Governor’s office for another Control and Prevention. need to keep faith with its values and round. That, in a nutshell, tells you ev- In fact, we face a public health crisis keep faith with America. erything you need to know about Terry in this country. If it were Ebola or in- Madam President, I yield the floor. Branstad. fluenza or polio, facing these kinds of The PRESIDING OFFICER. The Sen- The State of Iowa comes first for epidemics or feared epidemics in this ator from Iowa. him. Iowans are well acquainted with

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.023 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8576 CONGRESSIONAL RECORD — SENATE December 10, 2015 Terry Branstad’s accomplishments and The objective is clear. We had a The PRESIDING OFFICER. The Sen- work ethic. It is gratifying to see those chance to talk to the Secretary Gen- ator from New Mexico. attributes get attention on a national eral of the United Nations, Ban Ki- Mr. UDALL. Mr. President, I wish to scale and in the history books. He has moon. He made it clear that our goal first say to Senator CARDIN, who led earned his place in history. at a minimum should be to reduce the our delegation—Senator CARDIN is the Of course, First Lady Christine increase in warming by 2 degrees Cel- ranking member on the Foreign Rela- Branstad ought to be complimented sius. That is doable. The scientists tell tions Committee. Foreign relations has too. We thank her for her public serv- us we can do it. And if we do, we will a lot to do with this issue. He showed ice and, most importantly, for sharing have a healthier planet, we will create great leadership, and I believe he is her family with all Iowans. more jobs, and not only America but passionate about this issue and finding We are lucky to have had Governor the world will be more secure. solutions. Terry Branstad for these years as chief It was clear that U.S. leadership was So we were somewhat disappointed, executive in Iowa, and, of course, I am critically important to that moment in the 10 of us who went—all Democrats— lucky to call him a friend. Paris. President Obama, in getting that Republicans didn’t join us. This is I yield the floor. China and other countries to submit an issue that needs bipartisanship. We The PRESIDING OFFICER (Mr. action plans, encouraged over 180 coun- need to join—Republicans and Demo- HOEVEN). The Senator from Maryland. tries that are participating in the Paris crats—on an issue that threatens our f talks to submit their own action plans national security, threatens our econ- to mitigate greenhouse gas emissions. omy, and threatens our environment. ORDER OF PROCEDURE That represents over 97 percent of the It is an issue that is looming out there Mr. CARDIN. Mr. President, it is my world’s emitters. and needs attention. So we look for- understanding that some of my col- As I mentioned, we met with the Sec- ward to working with our friends on leagues want to talk about our visit to retary General of the United Nations, the other side of the aisle to move for- Paris, but I understand Senator HATCH Ban Ki-moon. We all met with former ward on this issue. will be on the floor at 2:45 p.m. and we Vice President Al Gore. I think we all As I looked over there and saw what are recessing at 3 o’clock. were inspired by his lifelong dedication was happening, I remembered many of Mr President, I ask unanimous con- to this issue. We had a chance to meet the briefings we have had. Everyone sent that the following Members be with U.S. lead negotiator Todd Stern, who has looked at this challenge of recognized for up to 5 minutes between who updated us on what was hap- global warming and climate change now and 2:45 p.m., but it may not be in pening. says that we need to do two things. this order: Senator CARDIN, Senator We were particularly impressed with First, we need to drive capital to new SCHATZ, Senator UDALL, Senator SHA- Secretary Moniz, our Secretary of En- energy sources, to clean energy HEEN, Senator MERKLEY, Senator MAR- ergy. He had earlier announced, with sources. We need to innovate is what KEY, and Senator COONS. other world energy leaders, an innova- they are talking about. If you get the The PRESIDING OFFICER. Is there tion initiative showing how we can use capital there and you get the private objection? U.S. technology to make it easier for sector working, you can come up with Without objection, it is so ordered. the world to meet their goals in reduc- the solutions. Secondly, we need to put f ing greenhouse gas emissions and at a signal in the marketplace to invest in PARIS CLIMATE CHANGE TALKS the same time create more jobs in clean energy and renewable energy. America. It was an impressive display. I was so proud of what happened over Mr. CARDIN. Mr. President, I had the We had a chance to meet with local there in terms of the world joining to- opportunity of heading a delegation leaders. Mayor Bloomberg convened a gether. More than 184 countries came this past weekend of 10 Senators who summit of mayors. I was proud that together, and we are going to see the went to Paris for the COP21 talks, the my mayor from Baltimore City, Steph- conclusion of their action this week. climate change talks taking place in anie Rawlings-Blake, was there. They have stepped forward and said: Paris. I was very proud of our delega- My colleagues participated in bilat- We are going to have targets, we are tion consisting of Senator WHITEHOUSE, eral meetings of other countries to en- going to have goals, and we are going Senator FRANKEN, Senator MARKEY, courage them to be aggressive in sub- to be transparent. We are going to let Senator MERKLEY, Senator UDALL, mitting their obligations and how we people know we are moving in the di- Senator SHAHEEN, Senator COONS, Sen- could follow up and make sure we rection of solutions and doing some- ator BOOKER, and Senator SCHATZ. All achieve our goals. thing about this immense problem. of us participated in the meetings that It was clear that Paris is heading to- So it was a major step forward to see took place in Paris. We were impressed ward a successful agreement, and it those 184 countries step up and decide that 150 leaders of the world were in will have U.S. support. We mentioned to do something. Paris at one time to show their support our commitment to carry not just our In addition, Bill Gates led a group of for a successful outcome on climate individual commitment but to be part entrepreneurs over to Paris to an- change and to express their urgency for of the global agreements in Paris. nounce and to challenge the world dealing with this issue. I think it was a We pointed out that in 1992, the about energy research and develop- strong followup to the challenge Pope United Nations Framework Convention ment. As everyone knows, Bill Gates is Francis gave all of us as to the moral on Climate Change was ratified by the one of our great entrepreneurs. He and challenge of our time to protect our U.S. Senate. This is the legal basis for his wife are also philanthropists. He planet for future generations. moving forward. We also pointed out stepped up with 27 other billionaires to At the meeting in Paris, we recog- that our obligations to comply with say: We are going to put billions into nized that our global health is at our own commitments are controlled research and development, and we are stake. Whether we are talking about by the Clean Air Act, which is the law going to put it into innovation. They our individual States—and I could talk of our country. We pointed out the ac- called this project Mission Innovation, about the people on Smith Island, as tions taken by the Obama administra- and they challenged other countries their island is disappearing, or the tion. We also pointed out that 69 per- around the world to do the same health of the Chesapeake Bay, and my cent of Americans agree that we should thing—double their energy research colleagues in the western part of this have a multilateral commitment to re- and budget. country could talk about the wildfires duce our carbon emissions. So seeing 184 countries step up to the and what is happening there. In Asia, It was clear to us that by working to- plate and say ‘‘We are going to do we see climate migrants as a result of gether, we can have a healthier planet this’’—and I think we will see those an- climate change. In Greenland, we see for our children and our grandchildren. nouncements in the next couple of the glaciers disappearing. Every nation Mr. President, I yield the floor to days—and seeing these entrepreneurs is at risk as a result of global climate Senator UDALL, one of the great lead- step forward I think was a signal—and change, and that is why 150 leaders ers on the environment and a very ac- a bold signal—to the marketplace that went to Paris. tive member of our delegation. we are changing and moving in a new

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.034 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8577 direction and that we are going to get These countries came to Paris with a The Clean Power Plan is reasonable, this done. commitment to succeed. and it will make a difference to re- I am very proud of my State of New And the work began before Paris— strict emissions from new and existing Mexico because we have all sorts of en- such as when the U.S. and China an- power plants. ergy—uranium, coal, oil, gas—and we nounced major mitigation commit- Mr. President, I hope that going for- have many renewable sources—wind, ments last year. ward Congress will work on solutions— biomass, solar, geothermal, but we Our task now is to keep up the mo- rather than wasting time on Resolu- have taken a strong step in New Mex- mentum, to keep moving forward— tions of Disapproval, rather than wast- ico to push for renewable resources. In both at home and abroad. I believe ing time on questioning science. our State statutes, we pushed for a re- there are two things we can do right The American people do not want a newable electricity standard of 10 per- now: science debate. They want action. The cent by 2010. We met that early, so we No. 1, work to drive capital to new world has come together in Paris. Na- put another standard in place of 20 per- energy efficient technologies. We need tions are moving forward. The very cent by 2020. to renew the Production Tax Credit for real question now is—how do we keep We are really in the bull’s-eye in renewables. Tax incentives have been that going? terms of climate change in New Mexico in place for decades for oil and gas. As a member of the Appropriations because of what we see and what we Wind, solar and biofuels need that in- Committee, I will continue to fight know happens in the Southwest. The vestment as well. against dangerous environmental rid- temperatures are twice as high. We No. 2, send a positive signal to the ers. have seen those temperatures increase markets. That means keeping our own I am encouraged by the conference in over the last 50 years. So we know climate goals on track, and stopping Paris, and I am confident that the there is a crisis, we know there is an efforts that would turn back progress. United States will continue to lead— issue, we know we need to do some- That means encouraging capital in- even if our Republican colleagues con- thing about this, and we are very will- vestment in sustainable energy—not tinue to block. ing to step forward. just in the U.S, but, throughout the With increased U.S. leadership over Mr. President, according to a study world. the last 5 years we have made great at Los Alamos National Laboratory, by We are seeing a growing investment international progress. The Paris con- 2050—not far away—we may not have in new technologies with public and ference is evidence of that. any forests left in my State. It will be private resources. Last week, 28 of the Another sign of progress—the world’s as if New Mexico were dragged 300 world’s billionaires committed to in- largest oil and gas companies are sup- miles to the south. Our climate will re- vesting in energy research and innova- porting a climate agreement. semble land that is now in the middle tion. BP, Shell—and the massive state oil of the Chihuahuan desert. And we are seeing a major market companies of Saudi Arabia and Mex- Now, I am not a scientist. Neither signal that there is demand for those ico—are among the ten major oil com- are my colleagues. But the experts at technologies—here in the U.S. through panies making commitments. LANL—and scientists all over the the Clean Power Plan and other meas- The United States can help lead this world—are clear. If we do nothing, ures, and across the globe, especially in effort—not only at the negotiating global warming will only get worse. table in Paris, but on the front lines in The nations of the world know this. developing countries, that have dem- New Mexico and every other State. That is why over 190 nations are in onstrated a commitment to grow their Because in this great challenge, there Paris: To meet the challenge of climate economies in a cleaner, more sustain- is also great opportunity. Our country change, and to do it together. able way. The Paris agreement will not solve Now is the time for action. America can lead the world in a clean energy the problem of global warming by must lead, because we cannot ignore economy. We have the technology, we itself, but it is a major step forward. It the danger—to our planet, to our econ- have the resources. We need the com- is what we need to ensure every coun- omy, and to our security. The science mitment. try does its part, and does its fair share is clear, the threat is growing, and That means finding solutions, devel- on climate change. time is running out. oping technology, and not denying sci- The largest emitters in the devel- This is not news to people in my entific reality; not wasting time on oping world—China and India—are State. In New Mexico, temperatures empty resolutions that come from no- making serious commitments. They are rising 50 percent faster than the where and go nowhere. understand, they have to reduce their global average—not just this year or There are now more solar jobs in the reliance on fossil fuels. last year, but for decades. United States than coal jobs. This is about their economy, and it is We have seen historic droughts. My state has every kind of energy re- about a commitment to future genera- When it does rain we have seen terrible source: Coal, oil, gas, uranium, solar, tions. flooding. And we have seen the worst wind, algae biofuel and more. We are Opponents of U.S. climate action wildfires in New Mexico’s history. doing all we can to diversify—and re- have argued that other nations—espe- What we have not seen—what we have duce carbon emissions. A clean energy cially China—would never act to limit waited for—is for Congress to act. economy protects our communities and their emissions. Well, now they are. It has not been for lack of trying. creates jobs. This is encouraging—and something we There have been many attempts—in- A renewable electricity standard— need to encourage further. That is cluding bipartisan ones. But each and which I have long fought for—would what the world’s scientists tell us. every time Congress failed to make it create 300,000 jobs. Most of these jobs That is what our own Department of to the finish line, failed to pass com- are high-paying, they are local, and Defense tells us. We can make progress prehensive legislation—in both they cannot be shipped overseas. now—or face ever greater instability Houses—to curb our greenhouse gas Support for renewable energy is later. emissions. strong. Nearly half of the U.S. Senate More than 180 nations are on board Just this week, the Senate Commerce supported my amendment in January with individual commitments. They Subcommittee on Science held a hear- for a Renewable Electricity Standard will take concrete steps to reduce ing focused on whether climate change that would mandate that 30 percent of greenhouse gas emissions. This is his- is real. This is settled science. The our energy come from renewable re- toric. This will slow global warming— world has moved on. The United States sources by 2030. Over half the States al- and it must be done now, not later. The Congress should, too. ready have renewable energy port- world cannot afford to wait. So the President and the EPA have folios. Many of them are being met and These nations see the threat. They used their authority under the Clean exceeded. see the mounting danger. A representa- Air Act to lead. They have done what In New Mexico, we are blessed with tive from Bangladesh told me that in needs to be done, with the support of great natural resources and with great his country every day, they face the many of us here in Congress—and of human resources as well. Researchers threat of rising sea levels. the American people. at Sandia and Los Alamos national

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.036 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8578 CONGRESSIONAL RECORD — SENATE December 10, 2015 labs are studying climate change—not countries and 98 percent of emissions— Mr. BOOKER. Mr. President, just a with an agenda, but with a commit- and 150 heads of State in the same brief moment. First and foremost, I ment—to tackling the problem, with place at the same time—the most in want to thank the group of Senators real science and with real innovation. history—if you had said that 2 years who went over to Paris on the codel. It Together, we can meet this chal- ago, that would have sounded wildly was very important that the United lenge. We can find a path forward that optimistic. We really are making States of America was well represented works. We can work with the global progress. there and that this body was well rep- community. We can protect our planet. No. 2, this is not going to require resented there. But, America must lead and help drive Senate approval. There have been more I especially thank Senator CARDIN for progress across the world. than 18,000 such agreements that our leading that codel. His leadership was Mr. President, 48 national security President and Presidents in the past critical. As the ranking member of and foreign policy leaders—Democrats have entered into over time not requir- Foreign Relations, to have him lead and Republicans alike—have sounded ing Senate approval. and understand that this is a critical the alarm. From Chuck Hagel to Wil- No. 3—and this is important and issue not just in regard to the climate liam Cohen, from Madeleine Albright can’t be overstated—it is not enough. If in general but also to our national de- to George Schultz, in a joint statement we want to hit the 2-degree Celsius tar- fense, to our strength as a Nation, and they urge us to fight climate change. get, this only gets us about 40 percent to our economy—it was good to have They urge us to ‘‘think past tomor- there. But 40 percent there is 40 per- him leading and understanding the row.’’ cent there. We were at zero 3 weeks breadth of these issues. The Paris agreement is a starting ago. So I think getting 40 percent there When I was over there, I was moved point and a historic opening for a glob- is very important. to see virtually all of the globe rep- al effort to address climate change. It I think the other thing we have resented by leaders, heads of state, is an opportunity, it is an obligation, learned from other states and other members of Parliament, NGOs, cor- and it is something that history will countries and even in the private sec- porations—major, global, dominant show was the right thing to do. tor is that once you unleash the power corporations. Everyone was there. Mr. President, I see my colleagues of clean energy on the private sector, There was an array of the planet com- have joined me on the floor. Senator there is no turning back. So we antici- ing together, focused on this issue of the impacts of climate change. Con- SCHATZ, Senator SHAHEEN, and Senator pate being able to ratchet up these versations ranged from focusing on us CORY BOOKER are down here, and they agreements every 3 to 5 years on an have done excellent work. I yield at international basis. being innovative and how we are deal- No. 4, it is way more than expected ing with renewable technology so that this time to Senator SCHATZ. I would and way more than ever before. just say by the way of introduction technology can be a great pathway to- No. 5, I think we need to know that ward sustainability in the future, all that I am so impressed with his State there are some pretty good account- the way to resiliency and making sure and the leadership in his State. Hawaii ability and transparency mechanisms we were doing the things to protect is going to be a 100-percent renewable in there. This was a key element of the populations from the effect of climate State in 2040. A lot of that is due to his negotiations that Secretary Kerry and change, especially when it comes to leadership and his legislature and Gov- the President himself have insisted poor populations who are dispropor- ernor stepping up to the plate. upon. We need to know—the United tionately affected. With that, Senator SCHATZ. States has a robust reporting mecha- I had the chance, the honor while I The PRESIDING OFFICER. The Sen- nism. At the public utilities commis- was there of leading a bilateral con- ator from Hawaii. sion level, at the regional level, we versation with Bangladesh, talking to Mr. SCHATZ. Mr. President, I thank know exactly what our energy port- peer leaders—the United States sitting the senior Senator from New Mexico folio is. That is a little bit more of a down at a table with and across the for his longtime leadership on climate challenge in the developing world, so table from Ministry and Parliamentary and conservation issues. we had to develop a matrix so we know members from Bangladesh. I have been working on this for a that countries aren’t cheating or they By many estimates, Bangladesh is long time, as many of us on the floor are not getting their own data wrong. I the most vulnerable country on the have been working on this for a long feel satisfied that it is likely to hit globe to climate change—the most vul- time, and I have not been so hopeful in those marks. nerable large country to climate a very long time. I am reminded of the No. 6, it is wildly popular in the change. It is about the size of Iowa. It essential elements of success when it United States. Two-thirds of Ameri- faces serious challenges with melting comes to an international agreement, cans support an international climate off the Himalayas as well as rising sea and that is American leadership. We agreement. A bare majority of Repub- levels. still remain the indispensable Nation, licans, a decisive majority of young Due to climate change, right now and we finally reasserted ourselves and Republicans, and decisive majorities of Bangladesh is losing 1 percent of its ar- reclaimed the moral high ground and Democrats and Independents support able land each year, and it is projected the political high ground that put us in international climate action. over the next decade or so—leading a position to stitch together an inter- No. 7 is this: People are going to try into 2030—to lose a large percentage of national agreement. to undo this. They are going to do it its land, displacing millions of One observation I will offer from the through the Congressional Review Act. Bangladeshis, literally creating cli- Paris climate talks is how positive the They are going to try to do it through mate refugees. The sea level rising is response was. I think we anticipated the appropriations process. They are predicted to inundate about 15 percent that we were going to have to do per- going to try to do it through the elec- of the land area and create refugees, haps more troubleshooting, more allay- toral process. That is the democratic making it a reality for them that is so ing of concerns about America’s com- process, and that is OK. But there is no urgent that they went there with a mitment to climate action than we turning back either legislatively, po- large degree of mission to join with ended up having to do. That is because litically, or in terms of the momentum other global actors. people understand that the President is we have in the private sector. I was proud to be able to sit with committed, and people understand that I would like to introduce someone them and talk to them about New Jer- the Clean Power Plan is going forward, who has come at climate from a dif- sey—not only a State that has 75,000 and we are making progress and there ferent perspective, as he always does, people who are Bangladeshis but also a is no turning back. who has become a leader on these State that knows that our economy I will offer seven very quick observa- issues, and who was an incredible asset and our strength as a State will be af- tions about the Paris climate talks. during the weekend we were in Paris, fected by climate change as well. We The first is this: It is already a success. and that is the junior Senator from are already seeing what is happening If you had told any knowledgeable ob- New Jersey, Mr. CORY BOOKER. with the warming of our oceans, the server that they were going to get 185 The PRESIDING OFFICER. The Sen- acidification of our oceans, how it is af- countries—representing 97 percent of ator from New Jersey. fecting the many jobs related to our

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.007 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8579 fishing industry. We are already seeing leaders around the world understand advocates, with nonprofit leaders was a the challenges with our climate in that we have to take action to address commitment to bring together devel- terms of increased weather activity it, and they were there in Paris urging oped countries such as the United and severe storms. the negotiators to come to some sort of States and European and Asian allies This is an issue that affects America an agreement. of ours and the developing world—the that we cannot solve without joining In New Hampshire, we have taken ac- very large countries such as India and with the rest of the globe. We know tion. With nine other Northeastern China which have become major that the injustices that are happening States, we have been part of a regional emitters of greenhouse gases—to bring to our Nation in terms of increased cap-and-trade program called the Re- them all together in one common fires, in terms of despoliation of our gional Greenhouse Gas Initiative. As a agreement. seas, the challenges being faced with result of that and other actions that we One other comment I wish to make weather activity internally in our have taken, we are going to meet the that comes out of what we saw going country—we know these issues cannot goals of the Clean Power Plan 10 years through an Innovation Fair that was be solved locally unless we deal with early. hosted by Secretary Ernie Moniz of our them globally. That is why I am grate- The Regional Greenhouse Gas Initia- Department of Energy was that gov- ful for all of those who understand that tive has generated $1.6 billion in net ernments alone can’t solve climate American leadership is incredibly need- economic value. It has created more change. Global conferences, such as the ed. than 16,000 jobs across the region. That one we attended, are important—they I am proud to stand here with col- is one of the benefits of the action we are critical—but making real and sus- leagues of mine and continue to send a can take to address climate change. As tained impact on fighting climate strong message to the rest of the globe we all know here, it doesn’t matter change is also going to require new and that we are here in the United States what we do in New Hampshire. It innovative approaches, and that re- strongly supporting the ambitious doesn’t matter what we do in this quires investment by the private sector commitments of President Obama, the country. Unless we get a global agree- and by the Federal Government in ones that he is making, and that we ment in Paris so we are all going to clean energy and energy efficiency re- will defend those communities that are move forward together to address the search and development. facing this crisis in the immediate and harmful impacts of climate change, we Commitments made in Paris, such as long term. We will be leaders. are going to see the continued sea level the announced new mission innovation One of my colleagues and someone rise, the continued extreme weather and the breakthrough energy coalition, whom I have come to respect quite a events, all of the continued negative which are public-private partnerships bit was an incredibly strong voice in impacts of that global warming. to ramp up and accelerate our invest- Paris, someone who is committed to Finally, I want to say that for me ment in research and development are these issues not only in her home State one of the most exciting things about more important than ever. but, as an American, across our coun- meeting with people when we were in We also had a chance to attend a try. I wish to now engage and acknowl- Paris was hearing that they were cau- meeting of some national leaders, of edge Senator JEANNE SHAHEEN. tiously optimistic that we will get an mayors and county executives, of Gov- The PRESIDING OFFICER. The Sen- agreement, that we will take action, ernors, and folks who lead regions and ator from New Hampshire. and we will be able to make a dif- provinces around the world where re- Mrs. SHAHEEN. Mr. President, I am ference for our planet and for future markable progress has been made. At pleased to be here on the floor with my generations. the same time that we are moving for- colleagues—those of us who went to I was pleased to have Senator CHRIS ward through this global conference as Paris, led by Senator CARDIN, for this COONS from Delaware with us on this a group of nations, it is also important climate summit. trip. I know he is going to talk about to recognize what subnational groups At the conference in Paris, more what he observed when we were in have done. than 180 countries accounting for over Paris. Senator SHAHEEN referenced the Re- 90 percent of global emissions were The PRESIDING OFFICER. The Sen- gional Greenhouse Gas Initiative, there. They all submitted their plans ator from Delaware. which New Hampshire and my home for how they are going to reduce emis- Mr. COONS. Mr. President, I wish to State of Delaware participate in. It has sions, with the goal of keeping global express my gratitude to Senator been a remarkable and effective way warming below 2 degrees Centigrade by CARDIN for leading this great delega- for a whole group of Mid-Atlantic and the end of this century. tion of 10 Senators to the Paris Con- Northeastern States to work together. One of the things I was impressed ference of Parties—the COP21, the The nine participating States have re- with in Paris was that the countries global climate change conference in duced our emissions by nearly 20 per- that were there represented everybody Paris—and to Senator SHAHEEN of New cent while also seeing stronger eco- from China to the Marshall Islands, Hampshire for her tireless leadership nomic growth than the rest of the and all of them understood that cli- on energy efficiency. The least expen- country, I think, suggesting it is pos- mate change is real, that it is a threat sive, most powerful way we can reduce sible for us to both reduce our green- to our planet, and that we have to do our energy consumption is by investing house gas emissions and continue to something about it. They understand in new technologies and new ap- grow a strong economy. that because they have seen it. They proaches that help create jobs and In fact, my home State of Delaware have seen it in their home countries. manufacturing in the United States has reduced its GHG emissions more They have seen rising sea levels, ex- and reduce our total energy consump- than any other State in the last 6 treme weather events, environmental tion and footprint. years. That is partly due to the great changes—all linked to global warming. I think the Paris conference has al- leadership of my Governor, Jack Here in the United States, we see it ready been a success from the outset. Markell, and partly due to the deploy- too. According to a recent Pew poll, As we heard directly from the head of ment of a lot of new solar systems and two-thirds of all Americans recognize the United Nations Ban Ki-moon, 150 a lot of investment in energy effi- that climate change is real and that heads of state gathered at the very out- ciency. action must be taken to address it. We set of that conference, and 184 coun- If I might, let me mention one impor- see it in my home State of New Hamp- tries made voluntary national commit- tant piece of bipartisan legislation that shire, where we are seeing a change in ments to reducing their greenhouse gas I think is part of solving this challenge our wildlife population, a change in our emissions, to reducing their carbon of how do we achieve an ‘‘all of the snowpacks that affects our ski season, footprint, and to working together to above’’ energy future that has sus- our foliage season is affected, and it find sustainable solutions to this very tained long-term investments in clean has an economic impact on our State. real challenge. energy and energy efficiency research But the exciting thing is—and we saw The other thing I found most encour- and deployment; that is, the Master this very clearly in Paris—that at the aging about the many conversations we Limited Partnerships Parity Act. This local level, mayors, Governors, local had with governmental leaders, with is a very bipartisan bill that has long

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.039 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8580 CONGRESSIONAL RECORD — SENATE December 10, 2015 had the support of Republican Senators pont, and utilities like National Grid land, and not just something in this MURKOWSKI, MORAN, COLLINS, and and PG&E. So corporate America made State or that State but worldwide, GARDNER. Even Congressman TED POE, a very strong statement in support of a where 2014 was the warmest year on of Houston, TX, who represents a great strong Paris climate deal. record. In fact, 14 of the 15 warmest deal of oil and gas in his district, is an The last one I will show is this one, years on record have happened in this advocate for this bill. I have been lead- which was taken out by America’s fi- century. Now we see 2015 on the trajec- ing it, along with Senator STABENOW, nancial leaders—Bank of America, Citi, tory, and it is going to be warmer than Senator BENNET, Senator KING, and Goldman Sachs, JPMorgan Chase, Mor- 2014. others in this Chamber. It is an impor- gan Stanley, and Wells Fargo. There There is nothing disputable about the tant way that we can allow master lim- was a strong, powerful message from facts: rising carbon dioxide and meth- ited partnerships, long available to the America’s corporate leadership that I ane pollution, rising consequences for oil and gas industry, to be opened up to very much hope our colleagues on the our States across America, rising con- all forms of energy to make it a level other side will begin to listen to; that sequences for the world. Scientists tell playing field and to provide opportuni- Paris is a good thing, a strong agree- us it will get worse. We have only had ties going forward to finance renewable ment is a good thing, and we need to a 0.9-degree centigrade increase. If we energy products and energy efficiency make progress together. get to 2 degrees, it is catastrophic. It is projects. This small tweak to our Tax With that, I will turn over the floor pretty bad now. We must come to- Code could make a cumulative big dif- to my terrific colleague Senator gether as an international community ference going forward. MERKLEY from Oregon. and address that. In conclusion, let me renew my point The PRESIDING OFFICER. The Sen- In Paris we know we need to have a that government alone can’t solve cli- ator from Oregon. more ambitious agenda than the one Mr. MERKLEY. Mr. President, a mate change, but it has a central role we have laid out, even with these won- huge thanks to my colleagues who to play in bringing together the people derful pledges, and we need to come have been presenting so many impor- who can. Let’s pass the MLP Parity back every 5 years and keep driving the tant dimensions of this battle against a Act, and let’s make long-term, sus- process forward. We know we have to major threat to the health of our plan- tained investments in Federal R&D. lower the costs for renewable energy so et. Indeed, Henry David Thoreau asked, we can come back together and in- Let’s bring together public, private, ‘‘What’s the use of a fine house if you and nonprofit leaders because there is crease the pace at which we pivot from haven’t got a tolerable planet to put it a fossil fuel energy economy to a re- no limit to what we can accomplish on?’’ That was an excellent question when our brightest scientific minds, newable energy economy. decades ago but an even more impor- We know we need to invest in solar business leaders, and our diplomats tant one today, when we have a signifi- deployment, and there is the Inter- working for us in Paris come together cant threat that endangers our forests, national Solar Initiative that India is to lay out a positive, sustained goal. our farming, our fishing, and human I wish to yield the floor to my col- going to host a secretariat for and civilization on this planet. This is the work to deploy a trillion dollars in league, the junior Senator from the challenge of our generation, to bring solar panels. We know innovation mat- State of Rhode Island, who has been a human civilization together to address ters, and mission innovation with the tremendous and tireless champion for carbon pollution and its impacts. United States and other nations dou- conservation and in particular for our While in Paris something very excit- bling their investment over the next 5 oceans, which are such a vital part of ing was going on—150 world leaders years will do a lot more to lower costs our climate future. came together to kick off the final ne- and increase the efficiency of tech- I yield the floor to Mr. WHITEHOUSE gotiations. That is unprecedented in nologies in clean power and clean of Rhode Island. human history. Why were so many The PRESIDING OFFICER. The Sen- power storage. leaders there? They were there because Well, it is a big challenge, and I am ator from Rhode Island. they are seeing the impacts in their Mr. WHITEHOUSE. Mr. President, so delighted to be able to be part of a own individual nations that are coming community of legislators. One of those one of the features of our trip to Paris from the rising temperatures. They was the presence of America’s cor- legislators who has led on this in the came together not just with their voice House for decades, brought his exper- porate leaders there urging us on. We but with their pledges. In fact, more tise to the Senate, is my colleague not only met with significant cor- than 180 countries put forward pledges from Massachusetts Senator MARKEY. porate leaders like people from about how they were going to reduce The PRESIDING OFFICER. The Sen- Citigroup, PG&E, VF Industries, and the trajectory of their carbon pollution ator from Massachusetts. others, but they were cheering us on footprints. They know what is at stake. Mr. MARKEY. Mr. President, I thank publicly in advertisements like this We certainly know in Oregon what is the Senator from Oregon for his leader- one taken out by the food and beverage at stake. We see the pine beetle dev- ship, bringing the message of the harm industry, calling on a strong Paris cli- astating forests, creating a red zone of being done to our natural world, I mate agreement. The companies who dying trees. We see the longer forest thank Senator CARDIN for taking this signed this include Mars—if you like fire season having a big impact, with delegation of 10 Members to Paris, and M&Ms, you like Mars—General Mills, more intense blazes and more of them I thank the Senator for having this ses- Coca-Cola and PepsiCo, Hershey and over more months. We see the impact sion on the floor. Nestle, Kellogg, Unilever, and others. of the loss of snowpack in the Cascades We are at an inflection point. We are The food and beverage industry was impacting our streams and impacting at a point where the danger to the joined by an advertisement from some the water supply for agriculture. The planet is clear. of America’s apparel leaders: VF Cor- Klamath Basin, along with California, Mr. President, 2014 was the warmest poration, based in North Carolina, is locked into a deep drought with dev- year ever recorded. This past November which produces North Face, astating consequences. We see it over was the warmest November ever re- Timberland, and a whole variety of on our coast, where the more acidic Pa- corded. October was the warmest Octo- other very well-known and popular cific Ocean is creating problems for our ber ever recorded. There is now a brands—Adidas, the shoe manufac- shellfish industry because the baby warming of our planet that is inten- turer; Levis, if you know jeans you oysters have trouble making their sifying dangerously, and we have to act know Levis; Gap, which has stores all shells. How is this connected? Because in order to avoid the most catastrophic over the country; and others from the the carbon pollution in the air is ab- consequences, and that is what is hap- apparel industry. Perhaps the biggest sorbed into the ocean via waves and pening in Paris right now. The United advertisement that the American busi- creates carbonic acid, and that more States is leading the way. The rest of ness community took out was this one: acidic water is eroding the ability of the world is coming together, and we Companies like not only Johnson & our shellfish to operate as they have have a chance to have a very good Johnson, the bandaid people, but John- for a millennium in making shells. agreement. son Controls, Colgate-Palmolive, We know this is not just something We are going to have the President’s Owens Corning, Procter & Gamble, Du- in Oregon, not just something in Mary- back because the 1992 treaty, under

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.042 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8581 which he is negotiating, was ratified by That the following sums are appropriated, out OFFICE OF SENATE LEGAL COUNSEL this body. The Clean Air Act that he is of any money in the Treasury and otherwise ap- For salaries and expenses of the Office of Sen- operating under was passed by this propriated, for the Legislative Branch for the ate Legal Counsel, $1,120,000. fiscal year ending September 30, 2016, and for body. The clean power rules and in- EXPENSE ALLOWANCES OF THE SECRETARY OF other purposes, namely: crease in fuel economy standards—— THE SENATE, SERGEANT AT ARMS AND DOOR- TITLE I The PRESIDING OFFICER. The Sen- KEEPER OF THE SENATE, AND SECRETARIES FOR ator’s time has expired. LEGISLATIVE BRANCH THE MAJORITY AND MINORITY OF THE SENATE Mr. MARKEY. Mr. President, I ask SENATE For expense allowances of the Secretary of the unanimous consent for an additional 1 EXPENSE ALLOWANCES Senate, $7,110; Sergeant at Arms and Door- minute to speak. For expense allowances of the Vice President, keeper of the Senate, $7,110; Secretary for the The PRESIDING OFFICER. Is there $18,760; the President Pro Tempore of the Sen- Majority of the Senate, $7,110; Secretary for the objection? ate, $37,520; Majority Leader of the Senate, Minority of the Senate, $7,110; in all, $28,440. Without objection, it is so ordered. $39,920; Minority Leader of the Senate, $39,920; CONTINGENT EXPENSES OF THE SENATE Majority Whip of the Senate, $9,980; Minority Mr. MARKEY. Mr. President, this INQUIRIES AND INVESTIGATIONS Whip of the Senate, $9,980; Chairmen of the Ma- afternoon—and I think it will continue jority and Minority Conference Committees, For expenses of inquiries and investigations over the next week—the Republicans $4,690 for each Chairman; and Chairmen of the ordered by the Senate, or conducted under para- and the American petroleum industry Majority and Minority Policy Committees, $4,690 graph 1 of rule XXVI of the Standing Rules of are going to try to lift the ban on the for each Chairman; in all, $174,840. the Senate, section 112 of the Supplemental Ap- propriations and Rescission Act, 1980 (Public exportation of American oil, which REPRESENTATION ALLOWANCES FOR THE MAJORITY AND MINORITY LEADERS Law 96–304), and Senate Resolution 281, 96th could lead to more drilling for millions Congress, agreed to March 11, 1980, $133,265,000, For representation allowances of the Majority of barrels of oil on our soil, while at of which $26,650,000 shall remain available until and Minority Leaders of the Senate, $14,070 for the same time not giving a simulta- September 30, 2018. each such Leader; in all, $28,140. neous, equal extension of wind and EXPENSES OF THE UNITED STATES SENATE CAUCUS SALARIES, OFFICERS AND EMPLOYEES solar tax breaks so that we can con- ON INTERNATIONAL NARCOTICS CONTROL tinue this revolution that we are brag- For compensation of officers, employees, and others as authorized by law, including agency For expenses of the United States Senate Cau- ging about in Paris right now to the contributions, $179,185,311, which shall be paid cus on International Narcotics Control, $508,000. rest of the world. These two things do from this appropriation without regard to the SECRETARY OF THE SENATE not go together. following limitations: For expenses of the Office of the Secretary of You cannot simultaneously drill for OFFICE OF THE VICE PRESIDENT the Senate, $8,750,000 of which $4,350,000 shall more oil that is not drilled for today For the Office of the Vice President, remain available until September 30, 2020 and of and then have an ending of the wind $2,417,248. which $2,500,000 shall remain available until ex- and solar tax breaks as they are kick- OFFICE OF THE PRESIDENT PRO TEMPORE pended. ing in. You cannot preach temperance For the Office of the President Pro Tempore, SERGEANT AT ARMS AND DOORKEEPER OF THE from a barstool. You cannot preach $723,466. SENATE temperance as you are putting up new OFFICES OF THE MAJORITY AND MINORITY For expenses of the Office of the Sergeant at oil rigs and simultaneously say that LEADERS Arms and Doorkeeper of the Senate, the wind and solar tax breaks are going For Offices of the Majority and Minority $130,000,000, which shall remain available until to end and end soon. We have to have Leaders, $5,255,576. September 30, 2020. both if there is going to be a deal, and OFFICES OF THE MAJORITY AND MINORITY WHIPS MISCELLANEOUS ITEMS right now that is in question in this For Offices of the Majority and Minority For miscellaneous items, $21,390,270 which Chamber. It is important for the Amer- Whips, $3,359,424. shall remain available until September 30, 2018. ican people to know that answer be- COMMITTEE ON APPROPRIATIONS SENATORS’ OFFICIAL PERSONNEL AND OFFICE cause in Paris they are waiting for this For salaries of the Committee on Appropria- EXPENSE ACCOUNT answer. There are 190 nations that tions, $15,142,000. For Senators’ Official Personnel and Office want to know that we are actually CONFERENCE COMMITTEES Expense Account, $390,000,000 of which going to do what we are saying we are For the Conference of the Majority and the $19,121,212 shall remain available until Sep- tember 30, 2018. going to do in this agreement that we Conference of the Minority, at rates of com- are trying to reach—the most impor- pensation to be fixed by the Chairman of each OFFICIAL MAIL COSTS such committee, $1,658,000 for each such com- For expenses necessary for official mail costs tant agreement for this century in mittee; in all, $3,316,000. terms of the well-being of the planet. of the Senate, $300,000. OFFICES OF THE SECRETARIES OF THE CON- I thank the Presiding Officer for al- ADMINISTRATIVE PROVISIONS FERENCE OF THE MAJORITY AND THE CON- REQUIRING AMOUNTS REMAINING IN SENATORS’ lowing me that courtesy, and I thank FERENCE OF THE MINORITY OFFICIAL PERSONNEL AND OFFICE EXPENSE AC- the Senator from Utah for his forbear- For Offices of the Secretaries of the Con- COUNT TO BE USED FOR DEFICIT REDUCTION OR ance. ference of the Majority and the Conference of TO REDUCE THE FEDERAL DEBT I yield back the remainder of my the Minority, $817,402. SEC. 1. Notwithstanding any other provision time. POLICY COMMITTEES of law, any amounts appropriated under this The PRESIDING OFFICER. The ma- For salaries of the Majority Policy Committee jority leader. Act under the heading ‘‘SENATE’’ under the and the Minority Policy Committee, $1,692,905 heading ‘‘CONTINGENT EXPENSES OF THE SEN- f for each such committee; in all, $3,385,810. ATE’’ under the heading ‘‘SENATORS’ OFFICIAL LEGISLATIVE BRANCH OFFICE OF THE CHAPLAIN PERSONNEL AND OFFICE EXPENSE ACCOUNT’’ shall APPROPRIATIONS ACT, 2016 For Office of the Chaplain, $436,886. be available for obligation only during the fiscal OFFICE OF THE SECRETARY year or fiscal years for which such amounts are Mr. MCCONNELL. Mr. President, I For Office of the Secretary, $24,772,000. made available. Any unexpended balances ask unanimous consent that the Sen- under such allowances remaining after the end OFFICE OF THE SERGEANT AT ARMS AND of the period of availability shall be returned to ate now proceed to the consideration of DOORKEEPER the Treasury in accordance with the undesig- Calendar No. 116, H.R. 2250. For Office of the Sergeant at Arms and Door- nated paragraph under the center heading The PRESIDING OFFICER. The keeper, $69,000,000. ‘‘GENERAL PROVISION’’ under chapter XI of clerk will report the bill by title. OFFICES OF THE SECRETARIES FOR THE MAJORITY The bill clerk read as follows: the Third Supplemental Appropriation Act, 1957 AND MINORITY (2 U.S.C. 4107) and used for deficit reduction A bill (H.R. 2250) making appropriations For Offices of the Secretary for the Majority (or, if there is no Federal budget deficit after all for the Legislative Branch for the fiscal year and the Secretary for the Minority, $1,762,000. such payments have been made, for reducing the ending September 30, 2016, and for other pur- AGENCY CONTRIBUTIONS AND RELATED EXPENSES Federal debt, in such manner as the Secretary of poses. For agency contributions for employee bene- the Treasury considers appropriate). There being no objection, the Senate fits, as authorized by law, and related expenses, AUTHORITY FOR TRANSFER OF FUNDS proceeded to consider the bill, which $48,797,499. SEC. 2. Section 1 of the Legislative Branch Ap- had been reported from the Committee OFFICE OF THE LEGISLATIVE COUNSEL OF THE propriations Act, 1991 (2 U.S.C. 6153) is amend- on Appropriations, with an amendment SENATE ed— to strike all after the enacting clause For salaries and expenses of the Office of the (1) by redesignating subsections (c) and (d) as and insert in lieu thereof the following: Legislative Counsel of the Senate, $5,408,500. subsections (d) and (e), respectively;

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 6333 E:\CR\FM\G10DE6.046 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8582 CONGRESSIONAL RECORD — SENATE December 10, 2015 (2) by inserting after subsection (b) the fol- including: for salaries and expenses of the Of- fice of a Member of the House of Representatives lowing: fice of the Clerk, including the positions of the (including a Delegate or Resident Commissioner ‘‘(c)(1) The Chaplain of the Senate may, dur- Chaplain and the Historian, and including not to the Congress) unless the Member requests a ing any fiscal year, at the election of the Chap- more than $25,000, of which not more than copy. lain of the Senate, transfer funds from the ap- $20,000 is for the Family Room and not more DELIVERY OF CONGRESSIONAL RECORD propriation account for salaries for the Office of than $2,000 is for the Office of the Chaplain, for SEC. 103. None of the funds made available by the Chaplain of the Senate to the account, with- official representation and reception expenses, this Act may be used to deliver a printed copy in the contingent fund of the Senate, from $24,980,898; for salaries and expenses of the Of- which expenses are payable for the Office of the of any version of the Congressional Record to fice of the Sergeant at Arms, including the posi- the office of a Member of the House of Rep- Chaplain. tion of Superintendent of Garages and the Of- ‘‘(2) The Chaplain of the Senate may, during resentatives (including a Delegate or Resident fice of Emergency Management, and including Commissioner to the Congress). any fiscal year, at the election of the Chaplain not more than $3,000 for official representation of the Senate, transfer funds from the appro- and reception expenses, $14,827,120 of which LIMITATION ON AMOUNT AVAILABLE TO LEASE priation account for expenses, within the con- $4,784,229 shall remain available until expended; VEHICLES tingent fund of the Senate, for the Office of the for salaries and expenses of the Office of the SEC. 104. None of the funds made available in Chaplain to the account from which salaries are Chief Administrative Officer including not more this Act may be used by the Chief Administra- payable for the Office of the Chaplain of the than $3,000 for official representation and recep- tive Officer of the House of Representatives to Senate.’’; tion expenses, $115,010,000, of which $1,350,000 make any payments from any Members’ Rep- (3) in subsection (d), as so redesignated— shall remain available until expended; for sala- resentational Allowance for the leasing of a ve- (A) in paragraph (1), by inserting ‘‘or the Of- hicle, excluding mobile district offices, in an ag- fice of the Chaplain of the Senate, as the case ries and expenses of the Office of the Inspector General, $4,741,809; for salaries and expenses of gregate amount that exceeds $1,000 for the vehi- may be,’’ after ‘‘such committee’’ each place it cle in any month. appears; and the Office of General Counsel, $1,413,450; for (B) in paragraph (2), by inserting ‘‘or the salaries and expenses of the Office of the Parlia- LIMITATION ON PRINTED COPIES OF U.S. CODE TO Chaplain of the Senate, as the case may be,’’ mentarian, including the Parliamentarian, HOUSE after ‘‘the Chairman’’; and $2,000 for preparing the Digest of Rules, and not SEC. 105. None of the funds made available by (4) in subsection (e), as so redesignated, by in- more than $1,000 for official representation and this Act may be used to provide an aggregate serting ‘‘or the Chaplain of the Senate, as the reception expenses, $1,974,606; for salaries and number of more than 50 printed copies of any case may be,’’ after ‘‘The Chairman of a com- expenses of the Office of the Law Revision edition of the United States Code to all offices of mittee’’. Counsel of the House, $3,119,766; for salaries the House of Representatives. and expenses of the Office of the Legislative HOUSE OF REPRESENTATIVES DELIVERY OF REPORTS OF DISBURSEMENTS Counsel of the House, $8,352,975; for salaries SALARIES AND EXPENSES and expenses of the Office of Interparliamen- SEC. 106. None of the funds made available by PAYMENT TO WIDOWS AND HEIRS OF DECEASED tary Affairs, $814,069; for other authorized em- this Act may be used to deliver a printed copy MEMBERS OF CONGRESS ployees, $478,986. of the report of disbursements for the operations For payment to Tori B. Nunnelee, widow of of the House of Representatives under section ALLOWANCES AND EXPENSES Alan Nunnelee, late a Representative from the 106 of the House of Representatives Administra- State of Mississippi, $174,000. For allowances and expenses as authorized by tive Reform Technical Corrections Act (2 U.S.C. For salaries and expenses of the House of House resolution or law, $281,251,521, including: 5535) to the office of a Member of the House of Representatives, $1,180,736,000, as follows: supplies, materials, administrative costs and Representatives (including a Delegate or Resi- HOUSE LEADERSHIP OFFICES Federal tort claims, $3,625,236; official mail for dent Commissioner to the Congress). committees, leadership offices, and administra- For salaries and expenses, as authorized by DELIVERY OF DAILY CALENDAR law, $22,278,891, including: Office of the Speak- tive offices of the House, $190,486; Government contributions for health, retirement, Social Se- SEC. 107. None of the funds made available by er, $6,645,417, including $25,000 for official ex- this Act may be used to deliver to the office of penses of the Speaker; Office of the Majority curity, and other applicable employee benefits, $254,447,514, to remain available until March 31, a Member of the House of Representatives (in- Floor Leader, $2,180,048, including $10,000 for cluding a Delegate or Resident Commissioner to official expenses of the Majority Leader; Office 2017; Business Continuity and Disaster Recov- ery, $16,217,008 of which $5,000,000 shall remain the Congress) a printed copy of the Daily Cal- of the Minority Floor Leader, $7,114,471, includ- endar of the House of Representatives which is ing $10,000 for official expenses of the Minority available until expended; transition activities for new members and staff, $2,084,000, to remain prepared by the Clerk of the House of Rep- Leader; Office of the Majority Whip, including resentatives. the Chief Deputy Majority Whip, $1,886,632, in- available until expended; Wounded Warrior JOINT ITEMS cluding $5,000 for official expenses of the Major- Program $2,500,000, to remain available until ex- ity Whip; Office of the Minority Whip, includ- pended; Office of Congressional Ethics, For Joint Committees, as follows: ing the Chief Deputy Minority Whip, $1,459,639, $1,467,030; and miscellaneous items including JOINT ECONOMIC COMMITTEE including $5,000 for official expenses of the Mi- purchase, exchange, maintenance, repair and For salaries and expenses of the Joint Eco- nority Whip; Republican Conference, $1,505,426; operation of House motor vehicles, inter- nomic Committee, $4,203,000, to be disbursed by Democratic Caucus, $1,487,258: Provided, That parliamentary receptions, and gratuities to heirs the Secretary of the Senate. of deceased employees of the House, $720,247. such amount for salaries and expenses shall re- JOINT CONGRESSIONAL COMMITTEE ON ADMINISTRATIVE PROVISIONS main available from January 3, 2016 until Janu- INAUGURAL CEREMONIES OF 2017 ary 2, 2017. SEC. 101. (a) REQUIRING AMOUNTS REMAINING For salaries and expenses associated with con- MEMBERS’ REPRESENTATIONAL ALLOWANCES IN MEMBERS’ REPRESENTATIONAL ALLOWANCES ducting the inaugural ceremonies of the Presi- INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL TO BE USED FOR DEFICIT REDUCTION OR TO RE- dent and Vice President of the United States, EXPENSES OF MEMBERS, AND OFFICIAL MAIL DUCE THE FEDERAL DEBT.—Notwithstanding January 20, 2017, in accordance with such pro- For Members’ representational allowances, in- any other provision of law, any amounts appro- gram as may be adopted by the joint congres- cluding Members’ clerk hire, official expenses, priated under this Act for ‘‘HOUSE OF REP- sional committee authorized to conduct the in- and official mail, $554,317,732. RESENTATIVES—SALARIES AND EXPENSES— augural ceremonies of 2017, $1,250,000 to be dis- MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ COMMITTEE EMPLOYEES bursed by the Secretary of the Senate and to re- shall be available only for fiscal year 2016. Any main available until September 30, 2017: Pro- STANDING COMMITTEES, SPECIAL AND SELECT amount remaining after all payments are made For salaries and expenses of standing commit- vided, That funds made available under this under such allowances for fiscal year 2016 shall heading shall be available for payment, on a di- tees, special and select, authorized by House res- be deposited in the Treasury and used for deficit olutions, $123,903,173: Provided, That such rect or reimbursable basis, whether incurred on, reduction (or, if there is no Federal budget def- before, or after, October 1, 2016: Provided fur- amount shall remain available for such salaries icit after all such payments have been made, for and expenses until December 31, 2016. ther, That the compensation of any employee of reducing the Federal debt, in such manner as the Committee on Rules and Administration of COMMITTEE ON APPROPRIATIONS the Secretary of the Treasury considers appro- the Senate who has been designated to perform For salaries and expenses of the Committee on priate). service with respect to the inaugural ceremonies Appropriations, $23,271,004, including studies (b) REGULATIONS.—The Committee on House of 2017 shall continue to be paid by the Com- and examinations of executive agencies and Administration of the House of Representatives mittee on Rules and Administration, but the ac- temporary personal services for such committee, shall have authority to prescribe regulations to count from which such staff member is paid may to be expended in accordance with section 202(b) carry out this section. be reimbursed for the services of the staff mem- (c) DEFINITION.—As used in this section, the of the Legislative Reorganization Act of 1946 ber out of funds made available under this term ‘‘Member of the House of Representatives’’ and to be available for reimbursement to agen- heading: Provided further, That there are au- means a Representative in, or a Delegate or cies for services performed: Provided, That such thorized to be paid from the appropriations ac- Resident Commissioner to, the Congress. amount shall remain available for such salaries count for ‘‘Expenses of Inquiries and Investiga- and expenses until December 31, 2016. DELIVERY OF BILLS AND RESOLUTIONS tions’’ of the Senate such sums as may be nec- SALARIES, OFFICERS AND EMPLOYEES SEC. 102. None of the funds made available in essary, without fiscal year limitation, for agen- For compensation and expenses of officers and this Act may be used to deliver a printed copy cy contributions related to the compensation of employees, as authorized by law, $175,713,679, of a bill, joint resolution, or resolution to the of- employees of the joint congressional committee.

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JOINT COMMITTEE ON TAXATION (b) CONFORMING AMENDMENT.—Section CAPITOL POWER PLANT For salaries and expenses of the Joint Com- 2802(a)(2) of such Act (2 U.S.C. 1905(a)(2)) is For all necessary expenses for the mainte- mittee on Taxation, $10,095,000, to be disbursed amended by striking ‘‘law enforcement assist- nance, care and operation of the Capitol Power by the Chief Administrative Officer of the House ance to any Federal, State, or local government Plant; lighting, heating, power (including the of Representatives. agency (including any agency of the District of purchase of electrical energy) and water and For other joint items, as follows: Columbia)’’ and inserting ‘‘any law enforcement sewer services for the Capitol, Senate and House assistance for which reimbursement described in OFFICE OF THE ATTENDING PHYSICIAN office buildings, Library of Congress buildings, paragraph (1) is made’’. For medical supplies, equipment, and contin- and the grounds about the same, Botanic Gar- (c) EFFECTIVE DATE.—The amendments made den, Senate garage, and air conditioning refrig- gent expenses of the emergency rooms, and for by this section shall only apply with respect to the Attending Physician and his assistants, in- eration not supplied from plants in any of such any reimbursement received before, on, or after buildings; heating the Government Printing Of- cluding: the date of the enactment of the Act. (1) an allowance of $2,175 per month to the fice and Washington City Post Office, and heat- OFFICE OF COMPLIANCE Attending Physician; ing and chilled water for air conditioning for (2) an allowance of $1,300 per month to the SALARIES AND EXPENSES the Supreme Court Building, the Union Station Senior Medical Officer; For salaries and expenses of the Office of complex, the Thurgood Marshall Federal Judici- (3) an allowance of $725 per month each to Compliance, as authorized by section 305 of the ary Building and the Folger Shakespeare Li- three medical officers while on duty in the Of- Congressional Accountability Act of 1995 (2 brary, expenses for which shall be advanced or fice of the Attending Physician; U.S.C. 1385), $3,959,000, of which $450,000 shall reimbursed upon request of the Architect of the (4) an allowance of $725 per month to 2 assist- remain available until September 30, 2017: Pro- Capitol and amounts so received shall be depos- ants and $580 per month each not to exceed 11 vided, That not more than $500 may be ex- ited into the Treasury to the credit of this ap- assistants on the basis heretofore provided for pended on the certification of the Executive Di- propriation, $101,601,000, of which $19,635,000 such assistants; and rector of the Office of Compliance in connection shall remain available until September 30, 2020: (5) $2,486,000 for reimbursement to the Depart- with official representation and reception ex- Provided, That not more than $9,000,000 of the ment of the Navy for expenses incurred for staff penses. funds credited or to be reimbursed to this appro- priation as herein provided shall be available and equipment assigned to the Office of the At- CONGRESSIONAL BUDGET OFFICE tending Physician, which shall be advanced and for obligation during fiscal year 2016. SALARIES AND EXPENSES credited to the applicable appropriation or ap- LIBRARY BUILDINGS AND GROUNDS propriations from which such salaries, allow- For salaries and expenses necessary for oper- For all necessary expenses for the mechanical ances, and other expenses are payable and shall ation of the Congressional Budget Office, in- and structural maintenance, care and operation be available for all the purposes thereof, cluding not more than $6,000 to be expended on of the Library buildings and grounds, $3,371,000, to be disbursed by the Chief Adminis- the certification of the Director of the Congres- $29,132,000, of which $3,994,000 shall remain trative Officer of the House of Representatives. sional Budget Office in connection with official available until September 30, 2020. FFICE OF ONGRESSIONAL CCESSIBILITY representation and reception expenses, O C A CAPITOL POLICE BUILDINGS, GROUNDS, AND ERVICES $45,700,000. S SECURITY SALARIES AND EXPENSES ARCHITECT OF THE CAPITOL For all necessary expenses for the mainte- CAPITOL CONSTRUCTION AND OPERATIONS For salaries and expenses of the Office of nance, care and operation of buildings, grounds Congressional Accessibility Services, $1,387,000, For salaries for the Architect of the Capitol, and security enhancements of the United States to be disbursed by the Secretary of the Senate. and other personal services, at rates of pay pro- Capitol Police, wherever located, the Alternate CAPITOL POLICE vided by law; for all necessary expenses for sur- Computer Facility, and AOC security oper- veys and studies, construction, operation, and SALARIES ations, $22,535,000, of which $4,376,000 shall re- general and administrative support in connec- main available until September 30, 2020. For salaries of employees of the Capitol Po- tion with facilities and activities under the care lice, including overtime, hazardous duty pay, of the Architect of the Capitol including the Bo- BOTANIC GARDEN and Government contributions for health, retire- tanic Garden; electrical substations of the Cap- For all necessary expenses for the mainte- ment, social security, professional liability in- itol, Senate and House office buildings, and nance, care and operation of the Botanic Gar- surance, and other applicable employee benefits, other facilities under the jurisdiction of the Ar- den and the nurseries, buildings, grounds, and $300,000,000 of which overtime shall not exceed chitect of the Capitol; including furnishings and collections; and purchase and exchange, main- $30,928,000 unless the Committee on Appropria- office equipment; including not more than $5,000 tenance, repair, and operation of a passenger tions of the House and Senate are notified, to be for official reception and representation ex- motor vehicle; all under the direction of the disbursed by the Chief of the Capitol Police or penses, to be expended as the Architect of the Joint Committee on the Library, $11,980,000, of his designee. Capitol may approve; for purchase or exchange, which $2,100,000 shall remain available until GENERAL EXPENSES maintenance, and operation of a passenger September 30, 2020: Provided, That, of the For necessary expenses of the Capitol Police, motor vehicle, $91,589,000. amount made available under this heading, the including motor vehicles, communications and CAPITOL BUILDING Architect of the Capitol may obligate and ex- pend such sums as may be necessary for the other equipment, security equipment and instal- For all necessary expenses for the mainte- maintenance, care and operation of the Na- lation, uniforms, weapons, supplies, materials, nance, care and operation of the Capitol, tional Garden established under section 307E of training, medical services, forensic services, $45,546,000, of which $21,237,000 shall remain the Legislative Branch Appropriations Act, 1989 stenographic services, personal and professional available until September 30, 2020. services, the employee assistance program, the (2 U.S.C. 2146), upon vouchers approved by the CAPITOL GROUNDS awards program, postage, communication serv- Architect of the Capitol or a duly authorized ices, travel advances, relocation of instructor For all necessary expenses for care and im- designee. and liaison personnel for the Federal Law En- provement of grounds surrounding the Capitol, CAPITOL VISITOR CENTER the Senate and House office buildings, and the forcement Training Center, and not more than For all necessary expenses for the operation of Capitol Power Plant, $11,973,000, of which $5,000 to be expended on the certification of the the Capitol Visitor Center, $20,844,000. Chief of the Capitol Police in connection with $2,000,000 shall remain available until September official representation and reception expenses, 30, 2020. ADMINISTRATIVE PROVISIONS $66,465,499, to be disbursed by the Chief of the SENATE OFFICE BUILDINGS NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE Capitol Police or his designee: Provided, That, For all necessary expenses for the mainte- OR OVER BUDGET notwithstanding any other provision of law, the nance, care and operation of Senate office SEC. 1101. None of the funds made available in cost of basic training for the Capitol Police at buildings; and furniture and furnishings to be this Act for the Architect of the Capitol may be the Federal Law Enforcement Training Center expended under the control and supervision of used to make incentive or award payments to for fiscal year 2016 shall be paid by the Sec- the Architect of the Capitol, $84,221,000, of contractors for work on contracts or programs retary of Homeland Security from funds avail- which $26,283,000 shall remain available until for which the contractor is behind schedule or able to the Department of Homeland Security. September 30, 2020. over budget, unless the Architect of the Capitol, ADMINISTRATIVE PROVISION HOUSE OFFICE BUILDINGS or agency-employed designee, determines that any such deviations are due to unforeseeable DEPOSIT OF REIMBURSEMENTS FOR LAW For all necessary expenses for the mainte- events, government-driven scope changes, or are ENFORCEMENT ASSISTANCE nance, care and operation of the House office not significant within the overall scope of the SEC. 1001. (a) IN GENERAL.—Section 2802(a)(1) buildings, $149,962,000, of which $23,886,000 project and/or program. of the Supplemental Appropriations Act, 2001 (2 shall remain available until September 30, 2020, U.S.C. 1905(a)(1)) is amended by striking ‘‘Dis- and of which $62,000,000 shall remain available SCRIMS trict of Columbia)’’ and inserting the following: until expended for the restoration and renova- SEC. 1102. None of the funds made available ‘‘District of Columbia), and from any other tion of the Cannon House Office Building. by this Act may be used for scrims containing source in the case of assistance provided in con- In addition, for a payment to the House His- photographs of building facades during restora- nection with an activity that was not sponsored toric Buildings Revitalization Trust Fund, tion or construction projects performed by the by Congress’’. $10,000,000, to remain available until expended. Architect of the Capitol.

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ACQUISITION OF PARCEL AT FORT MEADE available for obligation shall be reduced by the ther, That this appropriation shall be available SEC. 1103. (a) ACQUISITION.—The Architect of amount by which collections are less than for the payment of obligations incurred under the Capitol is authorized to acquire from the $35,777,000: Provided further, That not more the appropriations for similar purposes for pre- Maryland State Highway Administration, at no than $100,000 of the amount appropriated is ceding fiscal years: Provided further, That, not- cost to the United States, a parcel of real prop- available for the maintenance of an ‘‘Inter- withstanding the 2-year limitation under section erty (including improvements thereon) con- national Copyright Institute’’ in the Copyright 718 of title 44, United States Code, none of the sisting of approximately 7.34 acres located with- Office of the Library of Congress for the purpose funds appropriated or made available under this in the portion of Fort George G. Meade in Anne of training nationals of developing countries in Act or any other Act for printing and binding Arundel County, Maryland, that was trans- intellectual property laws and policies: Provided and related services provided to Congress under ferred to the Architect of the Capitol by the Sec- further, That not more than $6,500 may be ex- chapter 7 of title 44, United States Code, may be retary of the Army pursuant to section 122 of pended, on the certification of the Librarian of expended to print a document, report, or publi- the Military Construction Appropriations Act, Congress, in connection with official representa- cation after the 27-month period beginning on 1994 (2 U.S.C. 141 note). tion and reception expenses for activities of the the date that such document, report, or publica- (b) TERMS AND CONDITIONS.—The terms and International Copyright Institute and for copy- tion is authorized by Congress to be printed, un- conditions applicable under subsections (b) and right delegations, visitors, and seminars: Pro- less Congress reauthorizes such printing in ac- (d) of section 122 of the Military Construction vided further, That, notwithstanding any provi- cordance with section 718 of title 44, United Appropriations Act, 1994 (2 U.S.C. 141 note) to sion of chapter 8 of title 17, United States Code, States Code: Provided further, That any unobli- the property acquired by the Architect of the any amounts made available under this heading gated or unexpended balances in this account or Capitol pursuant to such section shall apply to which are attributable to royalty fees and pay- accounts for similar purposes for preceding fis- the real property acquired by the Architect pur- ments received by the Copyright Office pursuant cal years may be transferred to the Government suant to the authority of this section. to sections 111, 119, and chapter 10 of such title Publishing Office business operations revolving LIBRARY OF CONGRESS may be used for the costs incurred in the admin- fund for carrying out the purposes of this head- istration of the Copyright Royalty Judges pro- ing, subject to the approval of the Committees SALARIES AND EXPENSES gram, with the exception of the costs of salaries on Appropriations of the House of Representa- For necessary expenses of the Library of Con- and benefits for the Copyright Royalty Judges tives and Senate: Provided further, That, not- gress not otherwise provided for, including de- and staff under section 802(e). withstanding sections 901, 902, and 906 of title velopment and maintenance of the Library’s CONGRESSIONAL RESEARCH SERVICE 44, United States Code, this appropriation may catalogs; custody and custodial care of the Li- be used to prepare indexes to the Congressional SALARIES AND EXPENSES brary buildings; special clothing; cleaning, Record on only a monthly and session basis. laundering and repair of uniforms; preservation For necessary expenses to carry out the provi- PUBLIC INFORMATION PROGRAMS OF THE of motion pictures in the custody of the Library; sions of section 203 of the Legislative Reorga- SUPERINTENDENT OF DOCUMENTS operation and maintenance of the American nization Act of 1946 (2 U.S.C. 166) and to revise Folklife Center in the Library; preparation and and extend the Annotated Constitution of the SALARIES AND EXPENSES distribution of catalog records and other publi- United States of America, $106,945,000: Provided, (INCLUDING TRANSFER OF FUNDS) cations of the Library; hire or purchase of one That no part of such amount may be used to For expenses of the public information pro- passenger motor vehicle; and expenses of the Li- pay any salary or expense in connection with grams of the Office of Superintendent of Docu- brary of Congress Trust Fund Board not prop- any publication, or preparation of material ments necessary to provide for the cataloging erly chargeable to the income of any trust fund therefor (except the Digest of Public General and indexing of Government publications and held by the Board, $421,607,000, of which not Bills), to be issued by the Library of Congress their distribution to the public, Members of Con- more than $6,000,000 shall be derived from col- unless such publication has obtained prior ap- gress, other Government agencies, and des- lections credited to this appropriation during proval of either the Committee on House Admin- ignated depository and international exchange fiscal year 2016, and shall remain available until istration of the House of Representatives or the libraries as authorized by law, $30,500,000: Pro- expended, under the Act of June 28, 1902 (chap- Committee on Rules and Administration of the vided, That amounts of not more than $2,000,000 ter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more Senate. from current year appropriations are authorized than $350,000 shall be derived from collections BOOKS FOR THE BLIND AND PHYSICALLY for producing and disseminating Congressional during fiscal year 2016 and shall remain avail- HANDICAPPED serial sets and other related publications for fis- able until expended for the development and cal years 2014 and 2015 to depository and other SALARIES AND EXPENSES maintenance of an international legal informa- designated libraries: Provided further, That any tion database and activities related thereto: Pro- For salaries and expenses to carry out the Act unobligated or unexpended balances in this ac- vided, That the Library of Congress may not ob- of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 count or accounts for similar purposes for pre- ligate or expend any funds derived from collec- U.S.C. 135a), $50,248,000: Provided, That, of the ceding fiscal years may be transferred to the tions under the Act of June 28, 1902, in excess of total amount appropriated, $650,000 shall be Government Publishing Office business oper- the amount authorized for obligation or expend- available to contract to provide newspapers to ations revolving fund for carrying out the pur- iture in appropriations Acts: Provided further, blind and physically handicapped residents at poses of this heading, subject to the approval of That the total amount available for obligation no cost to the individual. the Committees on Appropriations of the House shall be reduced by the amount by which collec- ADMINISTRATIVE PROVISION of Representatives and Senate. tions are less than $6,350,000: Provided further, REIMBURSABLE AND REVOLVING FUND ACTIVITIES GOVERNMENT PUBLISHING OFFICE BUSINESS That, of the total amount appropriated, not SEC. 1201. (a) IN GENERAL.—For fiscal year OPERATIONS REVOLVING FUND more than $12,000 may be expended, on the cer- 2016, the obligational authority of the Library of For payment to the Government Publishing tification of the Librarian of Congress, in con- Congress for the activities described in sub- Office Business Operations Revolving Fund, nection with official representation and recep- section (b) may not exceed $186,015,000. $8,764,000, to remain available until expended, tion expenses for the Overseas Field Offices: (b) ACTIVITIES.—The activities referred to in for information technology development and fa- Provided further, That of the total amount ap- subsection (a) are reimbursable and revolving cilities repair: Provided, That the Government propriated, $8,231,000 shall remain available fund activities that are funded from sources Publishing Office is hereby authorized to make until expended for the digital collections and other than appropriations to the Library in ap- such expenditures, within the limits of funds educational curricula program: Provided fur- propriations Acts for the legislative branch. available and in accordance with law, and to ther, That, of the total amount appropriated, make such contracts and commitments without $750,000 shall remain available until expended GOVERNMENT PUBLISHING OFFICE regard to fiscal year limitations as provided by for upgrade of the Legislative Branch Financial CONGRESSIONAL PUBLISHING section 9104 of title 31, United States Code, as Management System. (INCLUDING TRANSFER OF FUNDS) may be necessary in carrying out the programs COPYRIGHT OFFICE For authorized publishing of congressional in- and purposes set forth in the budget for the cur- SALARIES AND EXPENSES formation and the distribution of congressional rent fiscal year for the Government Publishing For all necessary expenses of the Copyright information in any format; expenses necessary Office business operations revolving fund: Pro- Office, $56,490,000, of which not more than for preparing the semimonthly and session index vided further, That not more than $7,500 may be $30,000,000, to remain available until expended, to the Congressional Record, as authorized by expended on the certification of the Director of shall be derived from collections credited to this law (section 902 of title 44, United States Code); the Government Publishing Office in connection appropriation during fiscal year 2016 under sec- publishing of Government publications author- with official representation and reception ex- tion 708(d) of title 17, United States Code: Pro- ized by law to be distributed to Members of Con- penses: Provided further, That the business op- vided, That the Copyright Office may not obli- gress; and publishing and distribution of Gov- erations revolving fund shall be available for gate or expend any funds derived from collec- ernment publications authorized by law to be the hire or purchase of not more than 12 pas- tions under such section, in excess of the distributed without charge to the recipient, senger motor vehicles: Provided further, That amount authorized for obligation or expenditure $79,736,000: Provided, That this appropriation expenditures in connection with travel expenses in appropriations Acts: Provided further, That shall not be available for paper copies of the of the advisory councils to the Director of the not more than $5,777,000 shall be derived from permanent edition of the Congressional Record Government Publishing Office shall be deemed collections during fiscal year 2016 under sections for individual Representatives, Resident Com- necessary to carry out the provisions of title 44, 111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such missioners or Delegates authorized under section United States Code: Provided further, That the title: Provided further, That the total amount 906 of title 44, United States Code: Provided fur- business operations revolving fund shall be

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.010 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8585 available for temporary or intermittent services TITLE II scribed in subsection (a) may be suspended tem- under section 3109(b) of title 5, United States GENERAL PROVISIONS porarily or otherwise subject to restriction for Code, but at rates for individuals not more than security or related reasons to the same extent as MAINTENANCE AND CARE OF PRIVATE VEHICLES the daily equivalent of the annual rate of basic guided tours of the United States Capitol which pay for level V of the Executive Schedule under SEC. 201. No part of the funds appropriated in are led by the Architect of the Capitol. this Act shall be used for the maintenance or section 5316 of such title: Provided further, That BATTERY RECHARGING STATIONS FOR PRIVATELY care of private vehicles, except for emergency activities financed through the business oper- OWNED VEHICLES IN PARKING AREAS UNDER THE assistance and cleaning as may be provided ations revolving fund may provide information JURISDICTION OF THE LIBRARIAN OF CONGRESS under regulations relating to parking facilities in any format: Provided further, That the busi- AT NO NET COST TO THE FEDERAL GOVERNMENT ness operations revolving fund and the funds for the House of Representatives issued by the provided under the heading ‘‘Public Informa- Committee on House Administration and for the SEC. 209. (a) DEFINITION.—In this section, the tion Programs of the Superintendent of Docu- Senate issued by the Committee on Rules and term ‘‘covered employee’’ means— ments’’ may not be used for contracted security Administration. (1) an employee of the Library of Congress; or (2) any other individual who is authorized to services at GPO’s passport facility in the Dis- FISCAL YEAR LIMITATION trict of Columbia. park in any parking area under the jurisdiction SEC. 202. No part of the funds appropriated in of the Library of Congress on the Library of GOVERNMENT ACCOUNTABILITY OFFICE this Act shall remain available for obligation be- Congress buildings and grounds. SALARIES AND EXPENSES yond fiscal year 2016 unless expressly so pro- (b) AUTHORITY.— For necessary expenses of the Government Ac- vided in this Act. (1) IN GENERAL.—Subject to paragraph (3), countability Office, including not more than RATES OF COMPENSATION AND DESIGNATION funds appropriated to the Architect of the Cap- $12,500 to be expended on the certification of the SEC. 203. Whenever in this Act any office or itol under the heading ‘‘Capitol Power Plant’’ Comptroller General of the United States in con- position not specifically established by the Leg- under the heading ‘‘ARCHITECT OF THE nection with official representation and recep- islative Pay Act of 1929 (46 Stat. 32 et seq.) is CAPITOL’’ in any fiscal year are available to tion expenses; temporary or intermittent services appropriated for or the rate of compensation or construct, operate, and maintain on a reimburs- under section 3109(b) of title 5, United States designation of any office or position appro- able basis battery recharging stations in parking Code, but at rates for individuals not more than priated for is different from that specifically es- areas under the jurisdiction of the Library of the daily equivalent of the annual rate of basic tablished by such Act, the rate of compensation Congress on Library of Congress buildings and pay for level IV of the Executive Schedule under and the designation in this Act shall be the per- grounds for use by privately owned vehicles section 5315 of such title; hire of one passenger manent law with respect thereto: Provided, That used by covered employees. motor vehicle; advance payments in foreign the provisions in this Act for the various items (2) VENDORS AUTHORIZED.—In carrying out countries in accordance with section 3324 of title of official expenses of Members, officers, and paragraph (1), the Architect of the Capitol may 31, United States Code; benefits comparable to committees of the Senate and House of Rep- use one or more vendors on a commission basis. those payable under sections 901(5), (6), and (8) resentatives, and clerk hire for Senators and (3) APPROVAL OF CONSTRUCTION.—The Archi- of the Foreign Service Act of 1980 (22 U.S.C. Members of the House of Representatives shall tect of the Capitol may construct or direct the 4081(5), (6), and (8)); and under regulations pre- be the permanent law with respect thereto. construction of battery recharging stations de- scribed by the Comptroller General of the United scribed under paragraph (1) after— States, rental of living quarters in foreign coun- CONSULTING SERVICES (A) submission of written notice detailing the tries, $525,000,000: Provided, That, in addition, SEC. 204. The expenditure of any appropria- numbers and locations of the battery recharging $25,450,000 of payments received under sections tion under this Act for any consulting service stations to the Joint Committee on the Library; 782, 3521, and 9105 of title 31, United States through procurement contract, under section and Code, shall be available without fiscal year limi- 3109 of title 5, United States Code, shall be lim- (B) approval by that Committee. tation: Provided further, That this appropria- ited to those contracts where such expenditures (c) FEES AND CHARGES.— tion and appropriations for administrative ex- are a matter of public record and available for (1) IN GENERAL.—Subject to paragraph (2), the penses of any other department or agency which public inspection, except where otherwise pro- Architect of the Capitol shall charge fees or is a member of the National Intergovernmental vided under existing law, or under existing Ex- charges for electricity provided to covered em- Audit Forum or a Regional Intergovernmental ecutive order issued under existing law. ployees sufficient to cover the costs to the Archi- Audit Forum shall be available to finance an COSTS OF LBFMC tect of the Capitol to carry out this section, in- appropriate share of either Forum’s costs as de- cluding costs to any vendors or other costs asso- SEC. 205. Amounts available for administrative termined by the respective Forum, including expenses of any legislative branch entity which ciated with maintaining the battery charging necessary travel expenses of non-Federal par- participates in the Legislative Branch Financial stations. ticipants: Provided further, That payments Managers Council (LBFMC) established by (2) APPROVAL OF FEES OR CHARGES.—The Ar- hereunder to the Forum may be credited as re- charter on March 26, 1996, shall be available to chitect of the Capitol may establish and adjust imbursements to any appropriation from which finance an appropriate share of LBFMC costs fees or charges under paragraph (1) after— costs involved are initially financed. as determined by the LBFMC, except that the (A) submission of written notice detailing the ADMINISTRATIVE PROVISION total LBFMC costs to be shared among all par- amount of the fee or charge to be established or FEDERAL GOVERNMENT DETAILS ticipating legislative branch entities (in such al- adjusted to the Joint Committee on the Library; and SEC. 1301. Section 731 of title 31, United States locations among the entities as the entities may (B) approval by that Committee. Code, is amended by adding at the end the fol- determine) may not exceed $2,000. (d) DEPOSIT AND AVAILABILITY OF FEES, lowing new subsection: LANDSCAPE MAINTENANCE ‘‘(k) FEDERAL GOVERNMENT DETAILS.—The CHARGES, AND COMMISSIONS.—Any fees, activities of the Government Accountability Of- SEC. 206. For fiscal year 2016 and each fiscal charges, or commissions collected by the Archi- fice may, in the reasonable discretion of the year thereafter, the Architect of the Capitol, in tect of the Capitol under this section shall be— Comptroller General, be carried out by sending consultation with the District of Columbia, is (1) deposited in the Treasury to the credit of or receiving details of personnel to other authorized to maintain and improve the land- the appropriations account described under sub- branches or agencies of the Federal Govern- scape features, excluding streets, in Square 580 section (b); and ment, on a reimbursable, partially-reimbursable, up to the beginning of I–395. (2) available for obligation without further or nonreimbursable basis.’’. LIMITATION ON TRANSFERS appropriation during the fiscal year collected. (e) REPORTS.— OPEN WORLD LEADERSHIP CENTER TRUST SEC. 207. None of the funds made available in (1) IN GENERAL.—Not later than 30 days after FUND this Act may be transferred to any department, the end of each fiscal year, the Architect of the agency, or instrumentality of the United States For a payment to the Open World Leadership Capitol shall submit a report on the financial Government, except pursuant to a transfer made Center Trust Fund for financing activities of the administration and cost recovery of activities by, or transfer authority provided in, this Act or Open World Leadership Center under section under this section with respect to that fiscal any other appropriation Act. 313 of the Legislative Branch Appropriations year to the Joint Committee on the Library and Act, 2001 (2 U.S.C. 1151), $5,700,000: Provided, GUIDED TOURS OF THE CAPITOL the Committees on Appropriations of the House That funds made available to support Russian SEC. 208. (a) Except as provided in subsection of Representatives and Senate. participants shall only be used for those engag- (b), none of the funds made available to the Ar- (2) AVOIDING SUBSIDY.— ing in free market development, humanitarian chitect of the Capitol in this Act may be used to (A) DETERMINATION.—Not later than 3 years activities, and civic engagement, and shall not eliminate or restrict guided tours of the United after the date of enactment of this Act and be used for officials of the central government of States Capitol which are led by employees and every 3 years thereafter, the Architect of the Russia. interns of offices of Members of Congress and Capitol shall submit a report to the Joint Com- JOHN C. STENNIS CENTER FOR PUBLIC other offices of the House of Representatives mittee on the Library determining whether cov- SERVICE TRAINING AND DEVELOPMENT and Senate. ered employees using battery charging stations For payment to the John C. Stennis Center for (b) At the direction of the Capitol Police as authorized by this section are receiving a Public Service Development Trust Fund estab- Board, or at the direction of the Architect of the subsidy from the taxpayers. lished under section 116 of the John C. Stennis Capitol with the approval of the Capitol Police (B) MODIFICATION OF RATES AND FEES.—If a Center for Public Service Training and Develop- Board, guided tours of the United States Capitol determination is made under subparagraph (A) ment Act (2 U.S.C. 1105), $430,000. which are led by employees and interns de- that a subsidy is being received, the Architect of

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.010 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8586 CONGRESSIONAL RECORD — SENATE December 10, 2015 the Capitol shall submit a plan to the Joint RELIGIOUS FREEDOM ercise of religion by certain persons, Committee on the Library on how to update the Mr. HATCH. Mr. President, today I but the free exercise of religion itself. program to ensure no subsidy is being received. As I mentioned, Congress unani- If the Joint Committee does not act on the plan complete the series of floor speeches on religious freedom that I began in Sep- mously enacted the International Reli- within 60 days, the Architect of the Capitol gious Freedom Act. The vote in this shall take appropriate steps to increase rates or tember. My purpose in this series is to fees to ensure reimbursement for the cost of the present the full story of religious free- body was 98 to 0, and 21 Senators serv- program consistent with an appropriate sched- dom in the hope that we may better ing today—12 Republicans and 9 Demo- ule for amortization, to be charged to those understand and appreciate it and draw crats—voted for this legislation, as did using the charging stations. guidance for the future. Charting a Vice President BIDEN and Secretary of (f) EFFECTIVE DATE.—This section shall apply path forward requires understanding State John Kerry, who were serving with respect to fiscal year 2016 and each fiscal where we have been and taking stock here at that time. That law declares year thereafter. our religious freedom to be a universal of where we are right now. COST OF LIVING ADJUSTMENT The story of religious freedom, as I human right, a pillar of our Nation, SEC. 210. Notwithstanding any other provision have laid it out, shows that we must and a fundamental freedom. This is the of law, no adjustment shall be made under sec- choose between two starkly different path of religious freedom on which we tion 601(a) of the Legislative Reorganization Act have traveled for three centuries, be- of 1946 (2 U.S.C. 4501) (relating to cost of living paths. The story begins with religious freedom itself and why it is uniquely fore a very different path emerged. adjustments for Members of Congress) during In November, I outlined how the important and requires special protec- fiscal year 2016. courts have begun to distort the First This Act may be cited as the ‘‘Legislative tion. I said in September: Branch Appropriations Act, 2016’’. Amendment’s protection for religious No decision is more fundamental to human freedom. America’s Founders included Mr. MCCONNELL. Mr. President, I existence than the decision we make regard- a narrow prohibition on government ask unanimous consent that the com- ing our relationship to the Divine. No act of establishment of religion as a support mittee-reported amendment be with- government can be more intrusive or more for the broad individual freedom to ex- drawn; that the McConnell substitute invasive of individual autonomy and free will than the act of compelling a person to ercise religion. Since the mid-20th cen- amendment, which is the text of H.J. violate his or her sincerely chosen religious tury, however, courts have instead ex- Res. 75, be agreed to; that the bill, as beliefs. panded the establishment clause into a amended, be read a third time and the The story continues with the central virtual ban on religion in public life Senate vote on passage of the bill with place of religious freedom in America’s and narrowed the free exercise clause no intervening action or debate. identity. At no time in world history so that government may more easily The PRESIDING OFFICER. Without has religious freedom been such an in- restrict the practice of religion itself. objection, it is so ordered. tegral part of a nation’s origin and I also examined how the courts, the The committee-reported amendment character. The seeds were planted cen- Obama administration, and State legis- was withdrawn. turies before the actual founding of latures are contributing to attacks on The amendment (No. 2922) in the na- this country with one religious com- religious freedom right here in Amer- ture of a substitute was agreed to, as munity after another coming to these ica. The common theme in these at- follows: shores to freely practice their faith. tacks is that far from being special, re- (Purpose: Making further continuing appro- When Congress enacted the Inter- ligious freedom must yield to other priations for fiscal year 2016, and for other national Religious Freedom Act less values or political objectives. Even purposes) than two decades ago, we declared that worse, some are arguing that religious Strike all after the enacting clause and in- religious freedom ‘‘undergirds the very freedom is actually something negative sert the following: origin and existence of the United that should be limited or even sup- That the Continuing Appropriations Act, States.’’ pressed. These attacks not only target 2016 (Public Law 114–53) is amended by strik- The story of religious freedom in ing the date specified in section 106(3) and in- particular exercises of religion but un- serting ‘‘December 16, 2015’’. America includes understanding both dermine religious freedom itself. This Act may be cited as the ‘‘Further its status and its substance. In Octo- Rather than inalienable, these at- Continuing Appropriations Act, 2016’’. ber, I explained how the status of reli- tacks would turn religious freedom The amendment was ordered to be gious freedom can be summarized as into something granted or restricted engrossed, and the bill to be read a both inalienable and preeminent. Reli- by the government at its whim. Instead third time. gious freedom is inalienable because, of preeminent, these attacks would re- The bill was read the third time. as the Declaration of Independence as- duce religious freedom to something The PRESIDING OFFICER. The bill serts, it comes from God, not from gov- optional and subservient. Rather than having been read the third time, the ernment. And because it is endowed, something deep and broad, these at- question is, Shall the bill pass? that is part of our very humanity. Reli- tacks would turn religious freedom The bill (H.R. 2250), as amended, was gious freedom is preeminent or, as into something shallow and narrow. passed. James Madison put it, ‘‘precedent, both State courts, for example, have im- Mr. MCCONNELL. Mr. President, I in order of time and in degree of obli- posed heavy fines on business owners ask unanimous consent that the mo- gation to the claims of civil society.’’ who decline, based on their religious tion to reconsider be considered made I also explained that the substance of beliefs, to provide services such as pho- and laid upon the table. religious freedom can be understood in tography, flowers or catering for same- The PRESIDING OFFICER. Without terms of its depth, or what it includes, sex marriages. The decision by these objection, it is so ordered. and its breadth, or to whom it applies. business owners did not prevent anyone Mr. MCCONNELL. Mr. President, I Religious freedom, for example, in- from getting married or from having ask unanimous consent that the title cludes much more than religious belief the wedding they chose. Other photog- amendment at the desk be agreed to. or speech. In fact, protecting in law raphers, florists, and bakers gladly The PRESIDING OFFICER. Without both religious belief and the exercise of stepped up to do business. The only objection, it is so ordered. that belief preceded the First Amend- real effect of these fines was to punish The amendment (No. 2923) was agreed ment by 150 years. Madison again gives these individuals for exercising their to, as follows: us guidance to finding the exercise of religious beliefs. By punishing the ex- To amend the title to read: religion as the freely chosen manner of ercise of religion itself, these courts ‘‘Further Continuing Appropriations Act, discharging the duty an individual be- are saying that religious freedom must 2016’’. lieves he or she owes to God. This in- necessarily yield to other political pri- THE PRESIDING OFFICER. The cludes both belief and behavior in pub- orities. Senator from Utah. lic and in private, individually and col- ObamaCare made the same two-part Mr. HATCH. Mr. President, I ask lectively. The substance of religious attack on religious freedom but on a unanimous consent that I be permitted freedom also includes its breadth of ap- much larger scale. First, far from try- to finish my remarks. plication to all human beings. ing to accommodate religious freedom The PRESIDING OFFICER. Without The First Amendment protects not in developing ObamaCare or its imple- objection, it is so ordered. certain exercises of religion or the ex- menting regulations, neither Congress

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.010 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8587 nor the Obama administration gave re- presents a choice that we must make that, as our statutes and treaties as- ligious freedom any consideration as we consider the way forward. On one sert, religious freedom is a funda- whatsoever. This is appalling in several path, religious freedom is an inalien- mental right and a pillar of our Nation different ways. Not only does it reflect able and preeminent right of all people; should be honest and up front about it. a callous attitude toward this funda- on the other path, it is an uncertain Those who believe that the shifting po- mental right, but it ignores the Reli- and optional possibility for some peo- litical priorities of the day trump reli- gious Freedom Restoration Act’s com- ple. On one path the government must gious freedom should candidly make mand that Federal law properly accom- accommodate religious freedom; on the their case. modate religious freedom. The only other path religious freedom must ac- In the last week, since the terrorist way to avoid that requirement is for commodate the government. One path attack in San Bernardino, we have Congress explicitly to exempt a statute is consistent with our history, found- glimpsed some of the ugliness that is from RFRA’s standards. Congress did ing, character, commitments, and an down the path where politics trumps not do so. example to the rest of the world. The religious freedom. Many of our leaders But consider this. On January 15, other path rejects that history, turns expressed support and offered thoughts 2010, President Obama issued his first its back on our commitments, and and prayers for the victims and their Religious Freedom Day proclamation. abandons human rights in favor of families. Those expressions were met He reaffirmed ‘‘our nation’s enduring shifting political agendas. by some with disdain, ridicule, and commitment to the universal human Here is how I put it in one of my scoffing. right of religious freedom.’’ Just 2 speeches last month: Reporters, bloggers, activists, and months later, he signed into law the Subjugating religious freedom beliefs to even Members of Congress sent the statute that so blatantly ignored and government decrees is not the price of citi- message that thoughts and prayers are would be used to undermine that very zenship. To the contrary, respecting and really not much of anything and in any universal human right. honoring the fundamental rights of all event are legitimate only if they come Americans is the price our government pays The second way that ObamaCare un- from those who want more gun control. dermines religious freedom is by im- to enjoy the continued consent of the Amer- ican people. Finally, I want to highlight for my posing significant burdens on the ac- colleagues another source of guidance tual exercise of religion. The Depart- We must decide whether we still be- lieve what our Nation, our people, and in choosing the future path for reli- ment of Health and Human Services, gious freedom. In June 1988, the most for example, tried to force business our leaders have said and done. James Madison wrote that religious freedom diverse group of leaders in American owners to provide insurance coverage history presented the Williamsburg for methods of birth control that vio- is an inalienable right that takes prec- edence over the claims of civil society. Charter to the Nation. Its purpose was late their religious beliefs. Thankfully, to reaffirm religious freedom for all last year the Supreme Court said the Thomas Jefferson said that religious freedom is ‘‘the most inalienable and citizens, to set out the place of reli- Obama administration should have gious freedom in American public life, more properly accommodated religious sacred of all human rights.’’ Franklin Roosevelt said that reli- and to offer guiding principles for the freedom. future. Former Presidents Jimmy Car- Another case is now before the Su- gious freedom is a fundamental and es- sential human freedom. ter and Gerald Ford and the chairmen preme Court in which the Obama ad- of the two political parties signed it. ministration is demanding that a reli- The United States voted for the Uni- versal Declaration of Human Rights in The president of the AFL–CIO and the gious organization be forced to partici- chairman of the U.S. Chamber of Com- pate in providing insurance coverage 1948, signed the Helsinki Accords in 1975, and ratified the International merce signed it. Presidents of univer- for practices that violate their reli- sities and bar associations signed it. gious beliefs. The Obama administra- Covenant on Civil and Political Rights in 1992. Leaders of faith communities, includ- tion, with its army of smart lawyers ing the National Council of Churches and deep well of taxpayer dollars, is Each of these identifies religious freedom as a fundamental human right and National Association of fighting tooth and nail to make sure Evangelicals, Seventh-day Adventists, its political objectives quash religious that includes both belief and behavior in public and in private, individually the Synagogue Council of America, and freedom. the Church of Jesus Christ of Latter- Last week, I outlined the benefits and collectively. day Saints signed it. that religion and religious freedom Congress enacted the Religious Free- provide. It is essential to forming and dom Restoration Act almost unani- What could possibly unite such a dis- securing our basic rights. Religion was mously in 1994. I should know; I was parate group? It would have to be the engine driving great social move- the principal advocate for it. It sets a something too general to be useful— ments, such as abolition and civil tough standard for allowing govern- perhaps something like sunshine or rights. It motivates significantly ment interference with religious free- friendship—or something so profound greater contributions by individuals to dom and offers this protection for all that we simply must sit up and pay at- charities of all kinds and inspires many exercises of religion by all people. tention. The first principles of reli- of the largest charitable organizations Democrats and Republicans, liberals gious freedom affirmed by the Wil- in the country. But religion is not sim- and conservatives, adherents of dif- liamsburg Charter are these: ply beneficial to society; it is an indis- ferent faiths—everyone joined hands on First, religious freedom is an inalien- pensable feature of any free govern- these basic principles. And I might add able right that is ‘‘premised upon the ment. Without religion and the moral that HATCH and Kennedy joined hands inviolable dignity of the human person. instruction it provides, freedom falters as well. It is the foundation of, and is inte- and democracy all too easily dissolves In the 2013 Religious Freedom Day grally related to, all other rights and into tyranny. proclamation, President Obama said freedoms secured by the Constitution.’’ In the 18th Century, the Massachu- that religious freedom is an essential Second, the ‘‘chief menace to reli- setts Constitution of 1780 declared that part of human dignity. This is the path gious liberty today is the expanding ‘‘the happiness of a people and the good on which America began, the path power of government control over per- order and preservation of civil govern- America’s Founders embraced, the sonal behavior and the institutions of ment essentially depend upon piety, re- path that all three branches of govern- society, when the government acts not ligion, and morality.’’ ment have recognized, and the path we so much in deliberate hostility to, but In the 21st Century, Harvard pro- have reaffirmed countless times. in reckless disregard of, communal be- fessor Mary Ann Glendon argues per- The burden is on those who believe lief and personal conscience.’’ suasively that religious freedom re- that we should now leave this path. Third, limiting religious liberty ‘‘is duces societal violence and correlates Those who no longer believe that reli- allowable only where the State has with democratic longevity. gious freedom is an inalienable right borne a heavy burden of proof that the The story of religious freedom that I and an essential human freedom should limitation is justified—not by any ordi- have offered over the last few months say so. Those who no longer believe nary public interest, but by a supreme

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.051 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8588 CONGRESSIONAL RECORD — SENATE December 10, 2015 public necessity—and that no less re- I yield the floor. policy that is completely detached strictive alternative to limitation ex- f from reality. On October 29, 23 refugees ists.’’ died in a rocket attack at Camp Lib- These are the principles that should RECESS erty in Iraq. Camp Liberty is a former guide our way forward. The PRESIDING OFFICER. Under U.S. military base outside of Baghdad Religious freedom is inalienable. Re- the previous order, the Senate stands that is home to more than 2,000 Iranian ligious freedom is threatened when in recess until 4:30 p.m. refugees who are members of the main government either directly burdens or Thereupon, the Senate, at 3:06 p.m., opposition group to the ayatollahs in fails to accommodate it. Government recessed until 4:30 p.m. and reassem- Tehran. The refugees at Camp Liberty burdens on religious freedom must be bled when called to order by the Pre- have been fully vetted by American in- the least restrictive means of achiev- telligence services. Eighty Iranian- siding Officer (Mr. TILLIS). ing a compelling government purpose built rockets struck the camp that has The PRESIDING OFFICER (Mr. CAS- or supreme public necessity. been home to the People’s Mojahedin, These principles inform proper reso- SIDY). The Senator from North Caro- lina. an organization that has tried to fight lution of the challenges that religious the mullahs in Tehran. The ayatollahs freedom will certainly face ahead. f want the leaders and the families of Some are calling for government to EXTENSION OF MORNING these inhabitants at Camp Liberty revoke or deny such things as tax-ex- BUSINESS eliminated, and their friends in Bagh- empt status, certifications, or licenses dad are doing their bidding. for religious organizations with certain Mr. TILLIS. Mr. President, I ask The men, women, and children at beliefs. I already mentioned how some unanimous consent that morning busi- Camp Liberty have suffered numerous courts are using anti-discrimination ness be extended until 6 p.m., with Sen- attacks resulting in hundreds of cas- statutes to trump religious freedom. ators permitted to speak therein for up ualties. Nor has Camp Liberty, which Applying the principles I have dis- to 10 minutes each. was supposed to be a temporary home cussed would require the government The PRESIDING OFFICER. Without before the refugees were settled outside to make the case that such impositions objection, it is so ordered. of Iraq, met the most basic humani- are the least restrictive way to further f tarian needs. They lack clean water, a supreme public necessity. decent food, medical supplies, and de- Another challenge will be in the de- CAMP LIBERTY REFUGEES cent living facilities; and every single velopment, rather than the implemen- Mr. TILLIS. Mr. President, the Presi- day they go to bed at night worried if tation, of anti-discrimination laws. Ap- dent of the United States has fully re- it is their last day on Earth. plying the appropriate principles re- fused to acknowledge the depth and The Obama administration pledged quires that such legislation properly prevalence of the savagery of Islamic to protect these refugees who put their accommodate religious freedom. terrorism, and he has refused to offer lives and their children’s lives on the Title VII of the Civil Rights Act of and implement a strategy to perma- line for freedom. Yet it has done abso- 1964, for example, includes a religious nently defeat it. lutely nothing to keep America’s word. exemption. I supported the Employ- We are all too familiar with the con- Why take in unvetted Syrian refugees ment Non-Discrimination Act in the sequences of Islamic terrorism: Fort and not a handful of refugees from Iran 113th Congress because, in addition to Hood, Boston, Oklahoma, Chattanooga, that are fully vetted? To curry favor incorporating that exemption, it also Ankara, Mali, Beirut, Paris, and more with the same regime that killed prohibited retaliation against those recently, San Bernardino. American soldiers during Operation who qualify for the exemption. My While the President was in Paris re- Iraqi Freedom and Operation New State of Utah this year enacted an cently, he lectured the American peo- Dawn? I hope not. anti-discrimination statute that simi- ple not on the moral necessity to de- President Obama has willfully ig- larly included a robust exemption for stroy ISIS but instead on our supposed nored 40 years of hostility from religious organizations. Tehran. If the President does not rec- Earlier this year, however, Senators lack of compassion and understanding regarding his latest plan to resettle ognize that we are at war, the aya- introduced the Equality Act, which tollahs certainly do. They are the chief would prohibit discrimination on the 10,000 Middle Eastern refugees in Amer- ica. sponsors of global terror. They have basis of sexual orientation and gender imprisoned American journalists. They I represent the great State of North identity across several areas such as have tested long-range missiles. They Carolina. It is a State that has pro- employment, housing, and education. just completed another test in viola- vided refuge to those who have fought It not only fails to incorporate the ex- tion of international treaties over the and died on America’s side—the South isting title VII religious exemption, it last couple of weeks. They have never Vietnamese, Laotians, Montagnards, contains no accommodation for reli- stepped back from their desire to oblit- and Cambodians. But the President’s gious freedom at all. erate Israel and to destroy the United remarks were disingenuous, because This is an example of the path that States. rejects religious freedom as even wor- what he didn’t tell the American peo- This is the Obama doctrine. The thy of consideration. Such legislation ple is that his own FBI Director has President sees American foreign policy should not become law unless it prop- warned of America’s inability to prop- as the problem. He views Israel as an erly accommodates religious freedom. erly vet the refugees—an inability that obstacle to peace, and Iran is treated This is a time for choosing. The story only requires a 1 in 10,000 chance to as another oppressed constituency with of religious freedom is both an inspir- produce a catastrophic and tragic re- legitimate grievances against the ing narrative and a cautionary tale. It sult. West, so much so that when millions of brings to mind the inscription on a Instead of acknowledging these well- Iranians took to the streets against the statue fronting the National Archives founded concerns, the President hec- mullahs, President Obama did nothing that ‘‘eternal vigilance is the price of tored the critics of his plan—Repub- and said nothing. The old American al- liberty.’’ licans, Democrats, and everyone else in liances are collapsing in confusion and The heritage of religious freedom between—even after French authorities fear, and the only answer from the ad- that took centuries to build could be told him several members of the ter- ministration seems to be to clear Iran’s dismantled in a fraction of that time. rorist cell got into France path to a nuclear weapon. The right path means balance of ac- masquerading as Syrian refugees. Syr- Section 1227 of this year’s National commodation; the wrong path means ian refugees with fake passports were Defense Reauthorization Act memori- exclusion and suppression. The way caught trying to reach America alizes Congress’s desire to see that our forward requires us to choose the right through Honduras, and Syrians have friends at Camp Liberty are protected path to make sure our actions speak been arrested trying to cross into and relocated outside of Iraq in accord- louder than our words. Texas. ance with international conventions. Mr. President, I apologize for going Let me tell you why this administra- The children of Camp Liberty are over by 5 minutes. tion’s rebuke is indicative of a foreign dying and the bad guys are watching.

VerDate Sep 11 2014 02:20 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.052 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8589 They are watching to see if the Presi- Governor Branstad who led significant gets charitable contributions. Right dent of the United States tosses aside efforts to help veterans find work now, when you make a contribution of another American friend, clearing the across Iowa, following their launch of $250 or more, charities will send you a way for a new Persian empire—a tyran- the Home Base Iowa public-private ini- ‘‘written acknowledgement’’ con- nical empire armed with nuclear weap- tiative in November of 2013. Since then, firming the details of the donation, in- ons. Home Base Iowa has succeeded in help- cluding the amount of the donation. I will end with the thoughts of Natan ing over 1,500 veterans in Iowa find The taxpayer uses this acknowledge- Sharansky, a survivor of the Soviet work, getting 900 businesses to join the ment to document his or her tax deduc- Gulag. He said: Home Base Iowa initiative. There are tions should there be any question. Today an American President has once also 24 Home Base Iowa communities Most charities take the time to send again sought to achieve stability by remov- around the State, and we have 16 edu- out a written confirmation of the dona- ing sanctions against a brutal dictatorship cational institutions that are working tion as part of their thank-you to the without demanding anything in return. . . . donor. It is simple, it is inexpensive, We are at a historic crossroads, the United with the initiative and have been States can either appease a criminal re- deemed Certified Higher Academic and it builds good will. In short, it gime—one that supports global terror, re- Military Partners. All that great par- works for the taxpayer and also for the lentlessly threatens to eliminate Israel and ticipation and success is thanks to the charity. That is it—a straightforward, executes more political prisoners than any Governor’s leadership. commonsense method to confirm a do- other—or stand firm in demanding change in Through the years, our State has nation was made, and no one, not even its behavior. been incredibly fortunate to have a the IRS, argues that it is not working I don’t think a lot of people know Governor who truly cares about the well. about Camp Liberty, but I want you all people and our veterans. The fact that But now the IRS has proposed a new to know that there are 2,000 people he continues to wear his uniform for method to substantiate donations—a over there who were fighting for free- various veterans’ events in Iowa fur- method that could do great harm to dom in Iran. The American people com- ther illustrates his support, his leader- the charitable sector and give the IRS mitted to protecting them and to get- ship, and his commitment to our men more tools to go after taxpayers they ting them to a place where they can be and women in uniform. Our Governor is may not like, as we know they have safe. These are refugees who are fully someone who truly cares about serving done before. The IRS wants to set up a vetted. They have gone through all the others, and we are incredibly fortunate new, more formal system where the processes that we are wondering and to have a leader such as he. charity would have to gather informa- worrying whether the Syrian refugees In light of his major and well-de- tion about its donors, keep that infor- can. Let’s show good faith by fulfilling served milestone, we honor Governor mation, and—here is the rub—report our promise to the people at Camp Lib- Branstad’s steadfast commitment and the information to the IRS. erty and making sure that the Amer- leadership to the people of Iowa. What type of information are we ican people know and the people at With that, I yield the floor. talking about? The return would in- Camp Liberty know that we care about I suggest the absence of a quorum. clude the charity’s name and address, them and we wish them the very best The PRESIDING OFFICER. The the donor’s name and address and— that they can achieve—and that is not clerk will call the roll. here is the scary piece—the donor’s So- in a camp somewhere in Iraq. The senior assistant legislative clerk cial Security number. Again, all of this Thank you, Mr. President. proceeded to call the roll. new information would have to be sent I suggest the absence of a quorum. Mr. ROBERTS. Mr. President, I ask to the donor and the IRS and kept on The PRESIDING OFFICER. The unanimous consent that the order for file by the charity at considerable cost. clerk will call the roll. The senior assistant legislative clerk the quorum call be rescinded. Even more disturbing, the IRS would proceeded to call the roll. The PRESIDING OFFICER. Without store, maintain, and use this informa- Mrs. ERNST. Mr. President, I ask objection, it is so ordered. tion in case the donor is audited. unanimous consent that the order for f Although this is described as an op- the quorum call be rescinded. tion, given the IRS’s recent track IRS REPORTING REGULATION ON record, do we really trust the agency to The PRESIDING OFFICER. Without CHARITABLE DONATIONS objection, it is so ordered. store this information and not use it Mr. ROBERTS. Mr. President, I rise for other purposes? I, for one, do not. I f to alert the Senate and all of my col- don’t think we can trust them with a TRIBUTE TO GOVERNOR TERRY leagues to yet another—yes, yet an- new source of data on donors. We must BRANSTAD other—egregious action by the Internal do all we can to prevent the IRS from Mrs. ERNST. Mr. President, I rise Revenue Service, one that will affect gaining access to this sensitive data. today to honor my good friend and the every charity, every church, every non- I am also alarmed at the thought of Governor of Iowa, Terry Branstad. profit, and the communities they work whether the IRS can properly safe- Monday marks his historic milestone so hard to serve. I emphasize ‘‘an- guard this information because the as the Nation’s longest serving Gov- other’’ because it seems that the IRS agency has demonstrated zero capacity ernor with 7,642 days in office working continues a march toward regulations to keep similar data out of the hands of for our great State of Iowa. Our Gov- and practices that target and burden people who commit fraud, and thieves. ernor has devoted his life to public hard-working Americans. Charities and churches that routinely service and has worked tirelessly Let me just recap. First, we learned receive thousands of dollars from their through his 99-county tour to ensure that the IRS had released confidential supporters now become greater targets that Iowans’ voices are heard. tax return information on companies for people to commit fraud. I have also had the great honor of the IRS believed opposed the adminis- Earlier this year, the IRS admitted serving under the Governor during my tration. Then we uncovered that the that it had been hacked and private time in the Iowa Army National Guard. IRS had illegally targeted groups taxpayer information had been com- Through the years, Governor Branstad whose views differed from the White promised. If they can do it to the IRS, and I have had countless conversations House, followed by an extensive effort you had better believe they can do it to about the military and our veterans. to hide information on these actions— your local nonprofit. And while the We both know these men and women i.e., Lois Lerner, her so-called ‘‘lost e- IRS today says this rule as proposed are well trained and have selflessly mails,’’ which weren’t ever really lost. would simply be voluntary, suffer no il- sacrificed in defense of our freedoms It was true injustice to law-abiding or- lusion: The IRS will eventually move and our way of life. That is why we ganizations and American citizens, to make this a mandatory require- must ensure that our veterans are which is why I should not have been ment. properly prepared to transition back to surprised—but I was—to learn of the Charitable organizations are also civilian life. IRS’s latest scheme. speaking out against the IRS proposal. As a veteran himself, Governor Hot off the press is a new IRS pro- They understand the chilling— Branstad recognizes just that. It was posed regulation that needlessly tar- chilling—effect this would have on

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.053 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8590 CONGRESSIONAL RECORD — SENATE December 10, 2015 their donors, but, more importantly, Mr. PORTMAN. Mr. President, I ask credible intern. She is a student who is on the communities they serve. unanimous consent that the order for working hard. She is at Kent State, Tim Delaney, president and CEO of the quorum call be rescinded. likely to graduate a little bit early. the National Council of Nonprofits, re- The PRESIDING OFFICER. Without She spent her teenage years going from cently wrote: objection, it is so ordered. foster home to foster home. She fought The IRS proposal would open the door for f the odds, and she is now excelling in scam artists. . . . Nonprofits have neither college. She is bright. She is ambitious. the financial resources nor sufficient staffing PERKINS LOANS, HARDEST HIT Even with her Pell Grant, she has to to combat hackers who will see an easy FUND, AND ENFORCE ACT have that Perkins loan in order to be source for Social Security information. This Mr. PORTMAN. Mr. President, I rise able to stay in school, in order to make also creates a liability nightmare for inno- today to talk about a couple of areas ends meet. cent nonprofits. . . . To be asked to share where I think we can make progress on their address, their credit card number and This is an important program, but it their Social Security number all in the same legislation before the end of the year. is not about a program. It is not about place would be enough to scare even the This has been a legislative session in numbers. It is about people. It is about most committed donor to decline to give. which we passed a number of important Keri Richmond and others like her. Tim Delaney has aptly summarized bills, and I think there is more we can The impact goes well beyond Ohio. this pending and serious problem. He do. Specifically, I am going to talk Over 1,7000 colleges and universities poses very legitimate concerns, espe- about some legislative initiatives that across the country participate in this cially regarding how scam artists will give a leg up to American work- program. Low-income students every- might operate, explaining: ers—Ohio workers—and also to help where rely on it. If it expires, it is only Imposters’ phone scripts will go something our families and help our students. more difficult to pay for school. In- like this: ‘‘Hi . . . I’m working for several I will start with students. There is an stead, what we should be doing in the nonprofits here in Kansas to make sure that opportunity over the next couple of Senate is making it easier, not harder, generous donors like you get full credit for weeks for us to ensure that we reau- to afford to go to school. Some of these your wonderful contributions. . . . The non- thorize the Perkins Loan Program. tuitions have gone up and up. We have profits asked me to thank you for your gen- Perkins is an incredibly important pro- to be sure every kid has a chance to be erosity and confirm your name and address. gram, particularly for low-income stu- able to get ahead by going to college or . . . Also, the IRS has a new regulation that dents. In my view, of all the student nonprofits need your Social Security number university. so we can send you a form confirming your loan programs out there, Perkins is by If we don’t move, students who pre- contribution in case you get audited. What’s far the most flexible. This is an urgent viously received a Perkins loan will your Social Security number so we can send matter because if we don’t pass an ex- lose their eligibility if they change in- you the form?’’ tension, new loans will not be re- stitutions or academic programs. It is Sadly, many people who want to be warded, even in January as students a big deal for them. If we don’t act sure to support their charity will give start this next semester. Let’s not soon, students who are seeking loans the scam artists exactly what they allow college tuition to become even for the winter and spring semesters want. less affordable for low-income stu- will be ineligible. In total, it is possible To protect the mission of our non- dents. Let’s ensure that they can get a that 150,000 freshmen will lose their eli- profit community and the taxpayers college degree to pursue their dreams gibility this fall. We can’t let that hap- who share their hard-earned dollars and that we do move forward with this pen. Let’s not allow college tuition to with those in need, I have introduced Perkins reauthorization. become this roadblock for low-income legislation to block this regulation and I spoke about this on the floor a students who are looking for a college to maintain current law. The Pro- month or so ago. I talked about it as a degree. Let’s give them this chance. tecting Charitable Contributions Act program that was incredibly important Let’s give them this opportunity. By would maintain current IRS rules gov- for students in my State. I talked the way, let’s extend it but at the same erning the substantiation of charitable about the fact that there are 60 schools time work on ways to improve the pro- contributions, and prohibit the IRS in the Buckeye State, in Ohio, that gram. I know there are some Members from issuing, revising, or completing have received loans from this program. on my side of the aisle—and I think on any new regulation that would alter Over the last school year, more than the other side as well but certainly on the existing rules. This just makes 25,000 Ohio students received financial my side of the aisle—who said they sense. And I would think the IRS would aid through Perkins—including about have concerns about some of these stu- agree when in their own description of 3,000 students at Kent State University dent loan programs and would like to the proposal they state that the and about 1,700 students at the Ohio reform them to make them work bet- present system works effectively. State University. ter. That is great. Let’s take the time I urge my colleagues to support this I was in Columbus last weekend and to do that. legislation and to join me in stopping had a chance to meet with some Ohio In the meantime, let’s not eliminate this dangerous and unneeded proposal State students who care a lot about this program and have these kids fall from moving forward. this. They want to ensure that this between the cracks. I am there on the I urge all those who play a role in Perkins is going to be there for them reforms. I would like to help on that. I supporting nonprofits to go to the IRS so they can stay in school. Some of think we can do better for all of our Web site before December 16 to provide them already have help from other pro- student loan programs and help all of written comments to the IRS about grams, but they know that if they our kids be able to have a better this proposal. Yep, the IRS would like don’t have the Perkins Loan Program, chance to succeed. Let’s not create this to have your comments. they can’t afford to make ends meet terrible uncertainty for these students Let me repeat that. I would urge all and to stay in school. It is very impor- in the meantime. Let’s extend this pro- those who play a role in supporting tant. gram and then work on those reforms. nonprofits to go to the IRS Web site I have also heard from our college I thank Senator CASEY, Senator before December 16 to provide written Presidents from around the State—par- BALDWIN, Senator COLLINS, and others comments to the IRS about this pro- ticularly from Dr. Beverly Warren from for their strong leadership on this. I posal. The message should be simple: Kent, who was here a couple of weeks want to ask my colleagues in the Sen- No. ago to talk to me about this, and Dr. ate to do simply what the House has This is one Christmas greeting you Michael Drake, whom I saw last week done and do an extension of this pro- had better send. at Ohio State. They want to ensure gram. The House has already passed Mr. President, I yield the floor. that their students have this possi- this legislation. There is no reason it I suggest the absence of a quorum. bility. shouldn’t be in the omnibus legisla- The PRESIDING OFFICER. The One of the students I talked to is tion, and there is no reason we clerk will call the roll. Keri Richmond. Keri is a junior at shouldn’t move forward with ensuring The senior assistant legislative clerk Kent State, and she interned at my of- that these kids have the certainty they proceeded to call the roll. fice this past summer. Keri was an in- need to be able to stay in school.

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.058 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8591 Mr. President, the second issue I the home next to me, which is aban- I give special thanks to these land want to talk about is that while stu- doned, is going to be torched by banks in Ohio that have taken the lead dents get the education they need, we arsonists. At that point in time—this on this issue back home. Particularly, also have to ensure that the commu- was in Toledo, OH—there was about I want to thank the tireless efforts of nities they are going back to are safe one arson a night, where these aban- Jim Rokakis, director of the Thriving and make sure those communities can doned homes were not just targets for Communities Initiative at the Western thrive and grow. crime but they were also being used by Reserve Land Conservancy. He has One of the issues we have in Ohio and arsonists as practice for burning down done excellent work in helping to lead unfortunately in too many neighbor- a home. She was worried about her this effort and highlight this issue. I hoods all around this country is that kids. She was worried she couldn’t go hope we can get this done, even in the you have a lot of blight, a lot of homes to sleep at night because if that home next week here, to be able to help our that have been abandoned. Two things caught fire next to her, her home could communities in Ohio and around the happen: One, when homes are aban- be next. country. doned, they become a magnet for This is something we ought to focus Mr. President, finally, when we talk crime, for drugs, and for other criminal on and we can focus on. Land banks in about keeping our communities safe activity to the point that they are dan- some of our hardest hit areas of Ohio, and the need to help our students, we gerous for the community, but, second, Michigan, and other States have gotten also have to be sure that we are help- they drive down the cost of the other to work on attacking this problem. ing our workers. We need to ensure we houses—sometimes by as much as 80 They have done a great job. They don’t are protecting jobs in our States that percent. If you are in a community or have the resources they need to demol- are threatened by unfairly traded im- you have a beautiful home you are tak- ish as many properties as they would ports. ing care of but your neighbor’s house like to help some of these struggling I am pleased that we will soon be vot- becomes abandoned and becomes a neighborhoods. That is why these land ing to pass the conference report for magnet for crime and an eyesore, it banks have come to us and asked: Can the Customs bill. It is my under- drives down all of the property values. you help us a little more? standing that this may come up as In Congress we have spent a lot of After talking to them, after visiting early as Monday or Tuesday next week. money, taxpayer money, on helping these neighborhoods, we did take ac- I hope we can pass that here in the people deal with their mortgages when tion. We authored legislation called Senate and send it to the President for they are underwater—particularly the Neighborhood Safety Act of 2013, his signature. after the financial crisis. In my view which was a bipartisan effort and a bi- There are a number of aspects of the we ought to focus more on taking down cameral effort. In the House, you had Customs bill I support, but one aspect these abandoned homes and creating Members like DAVE JOYCE, MARCY KAP- of it that I think is really important is safer neighborhoods but also, through TUR, and MARCIA FUDGE working on legislation that is called the ENFORCE market forces, allowing the property this. Our legislation called for what is Act, to ensure that we are enforcing values of all of these homes to in- called the Hardest Hit Fund to be used our laws properly. This is on the heels crease. not just to help people pay down their of legislation we already passed as part I think this is an honorable effort, mortgages but also to help people be of the trade promotion authority ear- and it is one that a lot of people are fo- able to knock down these abandoned lier this year. That legislation is called cused on now around the country. I homes. We pushed it aggressively, and Level the Playing Field Act. Senator don’t think we are quite caught up to this important change was made ad- SHERROD BROWN, my colleague from where our neighborhoods are here in ministratively. It has provided nearly Ohio, and I offered this legislation, and Washington, DC, because when I go $66 million in Ohio and around the it is now part of our law and ammuni- home to Ohio I hear about this all the country to deal with these thousands tion we can use against unfairly traded time. We have about 80,000 of these of abandoned homes in our State. imports. It is already working because dangerous abandoned homes in Ohio. Michigan also got funds, as did other it has already been signed into law, and Again, to address public safety con- States. it is helping to deal with dumping cerns and tumbling home values in Now, in many of these States, these when people are selling below costs or these struggling neighborhoods, one of Hardest Hit Funds have run out. In when they unfairly subsidize imports. the best alternatives is to demolish other words, there are more abandoned It is helping workers in Ohio. It is help- these abandoned structures. Some- homes than there is money to be able ing our tire workers, paper workers, times another structure can be rebuilt to deal with the problem. Given the and steel workers, and we are proud of there. That is what we want. We want success rate we have and the fact that that. more economic development in these these land banks are doing a great job, The problem is that although the leg- communities. In some cases, I have we think it is time to provide some islation that we have already passed, seen where there was an abandoned more funding. That is what we pro- the Level the Playing Field Act, helps home, it was torn down and made into posed to do in the Omnibus appropria- with regard to taking on countries that a community garden and the commu- tions bill. are sending their products here un- nity can all participate. The point is to I am working with Senator STABE- fairly, sometimes those countries then get these homes down so we can have NOW, Senator BROWN, and others to decide to try to evade the provisions the redevelopment we all want. transfer funds from what is called the we put in place, the higher tariffs for I have walked the streets with local Home Affordable Modification Pro- their dumped products or their higher officials in Cleveland, Warren, Lima, gram, which is a program that would tariffs for their subsidized products. and Toledo, OH, and I have seen these be eliminated under our proposal, and That is what the ENFORCE Act is problems firsthand. As I do that, I talk shift some of those funds into the about. It is about ensuring that al- to the residents. I ask them what they Hardest Hit Fund for demolition pur- though we have this legislation in think. You can imagine the response I poses. I have repeatedly discussed this place, countries and their companies get. First, for them, it is an eyesore. It issue with our leadership, Senator don’t go around those regulations and is a danger for their kids, grandkids. MCCONNELL and others, our leadership still try to get products here into the Second, they are worried about their here on the committees in the Senate United States by illegally sending it property values. and in the House, and I am very hope- through another country or relabeling I had one occasion to speak to some- ful this can be done before year-end. It the product so that it doesn’t fall one in Toledo, OH, that was particu- is the right thing to do. It is an oppor- under the tariffs that might be levied larly concerning to me. This was a tunity for us to be able to shift some of against them. woman who had three kids. Her home these funds from a program that is not I am really hopeful that we will able was right next to an abandoned home, working as well into a program we to pass this additional legislation. It is literally feet away—6 or 7 feet away, know works and to make progress in incredibly important, as I said, not sort of like a row house. She said: ROB, some of our struggling neighborhoods only for Ohio, but it is also important every night I go to bed worrying that in Ohio and around the country. for the country. Time after time we

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.059 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8592 CONGRESSIONAL RECORD — SENATE December 10, 2015 have seen that once we put these pro- our students, and our workers and en- bors, and the folks who are sitting next tective orders in place against these sure that, indeed, we do give the people to us in church on Sunday. unfairly traded imports, these coun- we represent a fair shake. Our Vietnam veterans support and tries continue to illegally enter our I yield back my time. lead our communities as public serv- country through illegal transshipments The PRESIDING OFFICER. The Sen- ants, teachers, lawyers, nurses, busi- to other countries or through re- ator from Indiana. ness owners, factory workers, and labeling these products. f bankers. Just about anything you can I think we have an opportunity to imagine—that is what our Vietnam HONORING INDIANA SERVICEMEM- move forward on something that is vets are doing to make our country a BERS AND ALL AMERICANS WHO really important to help protect work- greater place. They are a generation of SERVED IN VIETNAM ers to ensure that we can closely exam- veterans who have taught us about ine these schemes and stop them. Mr. DONNELLY. Mr. President, I rise love of country and service, and they This effort, by the way, is backed by today to honor the service and sacrifice deserve to be honored for their selfless- the National Association of Manufac- of Indiana servicemembers and their ness and sacrifice. turers, the American Iron and Steel In- families and of all Americans who Today, Indiana is home to nearly stitute, and the United Steelworkers. served during the Vietnam war, as this 150,000 Vietnam war veterans. We have They have a common cause because year marks the 40th anniversary of the a responsibility to provide them with they understand that it is so critical end of that war. the benefits and support they have that we ensure that our workers get a Here is picture from the Indiana His- earned and to show them the same fair shake. torical Society of some of the amazing commitment they demonstrated while I got an email last week from work- Americans who served during that they fought to protect us and our free- ers at Pennex Aluminum in Leetonia, time. Tens of thousands of Hoosiers doms more than 4 decades ago. OH, in the Mahoning Valley. They have bravely answered the call when they We must ensure our veterans have 78 workers at their facility, and they volunteered or were drafted to serve in access to timely and quality care at won an important case against alu- Vietnam in almost every single capac- local VAs across our State and coun- minum extrusions from China. The ity you could think of. try, and that this care is delivered in a email said that this relief really helped Bravely, and sadly, 1,243 Hoosier sol- way that meets their needs. Expanding us. diers gave their lives in service to our access to health care for our Hoosier Mr. President, I ask unanimous con- country in Vietnam. In Vietnam, our vets has been and will continue to be a sent for 1 additional minute. vets endured 100-plus degree heat, mon- constant top priority of mine. The PRESIDING OFFICER. Is there soon rains, snake-infested rice paddy We recently broke ground in St. Jo- objection? fields, staggering conditions, and in- seph County, IN, on the new St. Joseph Without objection, it is so ordered. credibly dangerous situations. County Health Care Center. It will Mr. PORTMAN. These workers said: Our servicemembers would rather mean that many of our local vets in Senator PORTMAN, ‘‘this relief enabled have been at home in Terre Haute, northern Indiana will be just a short our company to compete once again on Richmond, Indy, Evansville or Fort ride away from the health services a fair and level playing field.’’ That is Wayne, but they served because they they have worked so hard to earn and the relief we helped to provide by en- loved our country and they answered receive. forcing our laws against this product when our Nation called them, and their We must continue to expand options coming in. answer was: Count on me. for care, for example, through the Vet- They then said: At the end of the war, many of our erans Choice Program, which is bipar- As a result, we recently completed an in- Vietnam vets didn’t receive the wel- tisan legislation that is now law. Pro- vestment of $38 million to expand our facil- come home or the recognition they de- visions from our bipartisan service- ity in Leetonia and create significant new served. Not all received huge hugs member and veteran mental health jobs. Our great concern is that this trade re- when they hit the tarmac back in care package were signed into law re- lief is now at risk due to the efforts by Chi- America, but our Vietnam vets are he- nese producers to avoid paying duties by, cently as part of the national defense among other schemes, manipulating the roes just like those who stormed the bill. alloy content of their extruded aluminum beaches in Normandy, trudged through We are working every day to try to products and shipping their products under a frozen rivers in Korea, and went make sure our veterans have the different name. through the deserts of Iraq and the chance to receive good physical health In other words, they were getting mountains of Afghanistan. Our Viet- care and good mental health care and around the protections that are in nam vets deserve to be held—and are that we stand next to them and with place by simply relabeling the product. held—in the same high regard as those them every step of the way. Our bipar- Again, this also happens by going who fought in World War I, World War tisan Community Provider Readiness around to other countries. That is why II, Korea, Afghanistan, and Iraq. Our Recognition Act was included, and it the ENFORCE Act is so important. Vietnam vets are part of the seamless helps connect Hoosier servicemembers Those 78 workers at Pennex Aluminum fabric that has saved our country and and vets with local providers who can know it is important, and they know made it such a blessed place. deal with the unique challenges that this legislation will help them to be Today, our Vietnam vets get amazing folks who were in our military face. able to get a fair shake. receptions everywhere they go. In my The demand for care among our vets Finally, I wish to thank the members home State of Indiana, a town in has never been greater and our obliga- of the conference committee on the northern Indiana, LaPorte, IN, in tion to them has never been greater. In customs bill for putting our BDS lan- LaPorte County, has their big parade recognition of their service and sac- guage into this legislation. It will help every year on July 4. The streets are rifice, we must deliver on our promise to avoid boycotts and divestment in filled—5, 6, 7, 8 people deep for 21⁄2 miles to care for all veterans long after their sanctions of Israel. This is a way that long—and every year the parade is led last day in uniform. some countries around the world are off by the Vietnam veterans of LaPorte I have another picture here from the trying to delegitimize Israel. It is County, and it happens all over our Indiana Historical Society. This is an- something that is important for us to State. When the parade starts off, ev- other group of our young soldiers. take a stand on as a Congress, and we eryone gets out of their chairs and When they went off, as I said earlier, do that in this Customs legislation. stands up—even those who have chal- they didn’t complain and didn’t make So again, I think there is some good lenges and have difficulties—to ap- excuses, and when our Nation called, as legislation we can pass here in the next plaud our men and women who were in I said before, they said: Count on me. week or so in the Senate. I hope we will Vietnam, and for 21⁄2 miles they get an We must keep the promises we made do it. amazing standing applause the entire to our vets. We must keep those prom- I thank the Presiding Officer for giv- way. These vets are our parents, our ises for their entire lives. Our Vietnam ing me the time tonight. We need to brothers and sisters, our aunts and un- vets and their families made incredible continue to stand up for our families, cles, our grandparents, friends, neigh- sacrifices. We can do a better job of

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.061 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8593 giving them the recognition and sup- day, a group of six CEOs sent a letter we did not make decisions here in the port they deserve. We must do so to congressional leaders urging swift U.S. Congress—in the Senate and in through words and action. In our ev- legislative action on the Puerto Rico the House of Representatives—as to eryday daily lives let us remember situation. who would get paid in the Deepwater those who have sacrificed so much to I can tell my colleagues the whole accident implosion. We appointed a re- defend our Nation and our freedom. Let issue of what to do about Puerto Rico ceiver. They made the tough decisions. us preserve their legacy and follow in the long term has many divergent When it came to Detroit’s bankruptcy, their example of service to others. views, but all those divergent views in we did not make the decision. When you see someone wearing a ball Puerto Rico are singing the same tune I guarantee my colleagues that of 100 cap that says Vietnam vet, World War right now: Restructure before January Members of the U.S. Senate, there are II vet, Korean vet, Iraq or Afghanistan 1 or they will face serious issues of de- probably 100 opinions in both of those vet, say thanks. My guess is they will fault. Why do we care? We care because cases as to how we thought each of say: Thank you; I was just doing my the U.S. Government will have an im- those payments or restructurings job. But they were doing so much more pact of between $1 billion and $2 billion should be done. But we are not the ex- than just their job. They were pro- of more service demands if we do not perts, and just because we have an tecting our Nation and making sure allow them to restructure. opinion about what we would like to that our children and our children’s This year, the government and elec- see Puerto Rico do doesn’t mean we children had a chance to grow up in tric utilities failed to make their pay- should be writing that into legislation this most blessed of all places. ments. Government workers are being and prejudging what should be an offi- God bless every American and Hoo- cut to three days a week. Patients are cial, legal process of restructuring debt sier veteran who served in Vietnam. now waiting months for medical care. that we need to give Puerto Rico the God bless their families. God bless In- Hospitals are going bankrupt. And the authority to have. diana, and God bless America. health care industry is threatened by a This is what newspapers across the I yield back. complete collapse. Forty-five percent United States are saying, including the The PRESIDING OFFICER. The Sen- of the population is living in poverty— Los Angeles Times, the Miami Herald, ator from Washington. including 58 percent of them who are the Boston Globe, the New York Times, Ms. CANTWELL. Mr. President, I children—and the unemployment rate and others: Give Puerto Rico the abil- thank the Senator from Indiana for his is stuck at 12.2 percent, more than dou- ity to restructure their debt. great remarks. I thank him for making ble the highest State’s unemployment So why are people here failing to them today. rate. take up this mantle? People have been f So what does it cost us to act here in arguing for months about different the United States? It costs the U.S. ideas. Some of our colleagues want to PUERTO RICO taxpayers zero. It costs us zero because Ms. CANTWELL. Mr. President, I increase the Medicaid reimbursement if we think about it, this is about debt rate. Some of our colleagues want to come to the floor tonight to discuss restructuring. This about setting up a Puerto Rico, a territory of the United have an EITC increase. Some of our process which they are denied just be- colleagues want Puerto Rico to do States since 1898. Millions of residents cause Puerto Rico is a territory; they have been citizens since 1917, nearly 100 away with their pensions before they cannot get the relief of restructuring. go into a bankruptcy structure. Those years. This community of 3.5 million They tried. They tried to pass their people is facing economic, fiscal, and are all political opinions by individuals own bankruptcy law. They tried, and that one could say are worth debate. liquidity problems. What are we doing then basically were told that it didn’t Now we are at the point of default. about it here in Congress? We are not meet a Federal standard. doing anything. That needs to change, They are not like a municipality that Just as we need to make decisions be- and it needs to change now. has this authority. They are a terri- fore January 1, our colleagues are now We spent 10 years watching Puerto tory. They are our territory. If we want trying to say that we can continue to Rico suffer through a recession. We them to restructure successfully and discuss this issue. We don’t have time spent months here in Congress dis- keep more debt from coming to the to continue to discuss this issue. We cussing what to do. There have been a shores of the United States because have next week, and, as a member of lot of ideas—some popular, some con- of—I would say that we have had a the Energy and Natural Resources troversial. I can say that, as the rank- huge increase in population. So the Committee that oversees territories, I ing member on the Energy Committee, cost of inaction is this acceleration of feel it is our responsibility to propose a I have heard many ideas, but now is the Puerto Rico population coming to policy and get it in place so that we the time to act. the United States. In 2014, we see that can find some resolution of this issue. We need to allow Puerto Rico to re- the number jumped to almost 70,000 I think this two-part fix about mak- structure. That is, we need to give people in one year. The net migration ing sure there is the ability to restruc- them the same opportunities that we has been more than 500 percent in the ture and a council to oversee it in co- gave to average American citizens and last 10 years. ordination with Treasury is the best we municipalities to restructure their If we do nothing in the next week and can do at this point in time to save the debt—the same that we gave to Wall don’t act on this problem, more migra- U.S. Government from further costs Street when they were in a financial tion of Puerto Ricans is going to come and to give relief to Puerto Rico. crisis, the same brink that we were al- to the United States. When they come, The notion that people here in the most on when we had our own eco- what will happen? They will be de- U.S. House of Representatives or the nomic problems. Yet there are some manding more services, such as Head U.S. Senate are trying to protect hedge here in the halls of Congress who would Start, SNAP, unemployment insur- funds so that they can maximize their rather listen to hedge funds and make ance, and Pell Grants. So default return is despicable. It is despicable. sure they are prioritized in a debt re- equals more Federal spending. The notion that somebody is trying to structuring than actually putting in The notion that my colleagues think protect these fundamental questions place debt restructuring. that somehow this inaction is the way that need to be decided in a formal I propose a two-part, no-cost ap- out of this equation—they are just add- process of bankruptcy or reform, as we proach that will be most effective and ing more responsibility to the U.S. tax- are calling it within the territory, is least controversial to help us out of payer. Why? Is it because they want to the fair and even process that should this situation. protect hedge funds in a bankruptcy take place without prejudice. The Energy and Natural Resources process? Do they want to decide in the We are going to, as a body, have a Committee, which has jurisdiction over Halls of the U.S. Congress who gets in very robust discussion, I guarantee my territories, has heard from experts line first and who gets paid? colleagues, for years and years and from the Department of Treasury and I will remind my colleagues, particu- years to come about what the United other government officials about how larly since the Presiding Officer knows States is going to do about the terri- dire this situation is now. Just yester- the Deepwater Horizon issue very well, tory of Puerto Rico. Let’s at least give

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Do you believe there is and make the best financial decisions nacy. any connection between our enemy and that can be made now to save the U.S. We have to speak the truth not be- Islam? taxpayer from further expense. cause it alone will somehow diminish Mr. BROWN. I am not here to debate I thank the Chair, and I yield the ISIS or ISIL, but because speaking the this. I don’t know exactly what that floor. truth is actually the only way we can means: a connection between the The PRESIDING OFFICER. The Sen- begin to develop policies that will not enemy and Islam. I know that seman- ator from Nebraska. lead to more failed States in the Mid- tics matter, and I know the criticism f dle East, which are producing the ter- of the President in this body is sort of ror training camps of next year. front and center no matter what he BEING HONEST WITH THE Despite the fact that we are actually does. AMERICAN PEOPLE and obviously at war with militant When he gave what I thought was a Mr. SASSE. Mr. President, earlier Islam, there is a terrible leadership coherent speech, often with restraint, today it was reported that the Presi- vacuum in this country. The American where we have taken the—I think we dent’s Deputy National Security Ad- people know this, and, frankly, those of have taken the fight to ISIL in this viser was asked about my call that the us who are getting our classified brief- country. I think we have done it do- President and the administration ings and having to engage the leader- mestically. I think the President wants speak clearly about the nature of the ship of our national security and intel- to do it internationally, and this body enemy we face—about my call that we ligence communities know this leader- doesn’t seem to have the courage to de- be honest with the American people ship vacuum exists. Those who are try- bate whether or not we actually look and with ourselves about the fact that ing to keep Americans safe—there are at an authorization resolution—an au- we are at war with militant Islam, we many wonderful, freedom-loving civil thorization for use of force. The Presi- are at war with jihadi Islam, and we servants fighting to protect our kids, dent is still forced to rely on a resolu- are at war with violent Islam. and they know and experience this vac- tion that President Bush pushed In response, the White House was uum of leadership every day. through that led to disastrous policies quoted in the World-Herald this morn- This vacuum is felt outside the belt- in Iraq. I don’t think that was right. ing as saying this: way and everywhere in America, as is But I apologize. I want to speak on Our strong belief is to not treat these ISIL obvious in many of our towns. But even something else, Mr. President, and that terrorists as leaders of some religious move- more dishearteningly and more dan- is why I came to the floor. ment. Even if you have a derogatory adjec- gerously, it is increasingly obvious to f tive attached to it—radical Islam or Islamic the professionals working in our intel- extremism—essentially you are saying they SUPPORING OUR VETERANS are the leaders of a religious movement. And ligence community and in our national that is what they want. They want to be seen security structure that this vacuum is Mr. BROWN. Mr. President, 2 weeks not as terrorists and killers and thugs, as the harming our national security and our ago most of us went home to our fami- president said, but as leaders who speak on intelligence community as they try to lies to celebrate and give thanks for behalf of religion. And that is why we have fight for our freedom. the many blessings we have in this not identified them as the enemy in this ef- Here is why this matters. This vacu- country. We all look forward to spend- fort. um prevents them from doing their ing more time with family during this This is lunacy. First, while the White jobs. They have no strategy to deploy, holiday season, but for far too many House is insisting that no one use the they have no rational policy to imple- Americans the holidays are just an- word ‘‘Islamic’’ or note any connection ment, and they have been asked to de- other time when they struggle to put between the war that we are facing and feat an enemy that their Commander food on the table or even to have a roof some subset of Islam—even as the in Chief refuses to name. This is lu- over their heads. This is sadly particu- White House insists that no one use the nacy, it is absurd, and it is unaccept- larly true of our Nation’s veterans. word, their own preferred adjective, able. Again, to go back 15 years, we take ‘‘ISIL’’ or ‘‘ISIS,’’ begins with an ‘‘I.’’ Mr. President: Please lead. people into war in this country—some- Every fourth grader in America can de- I yield the floor. times for very good reason. Our send- duce without any assistance from The PRESIDING OFFICER. The Sen- ing troops to Afghanistan was exactly Vanna White what the rest of the word ator from Ohio. the right policy back in 2002 and 2003. that begins with an ‘‘I’’ is. Yet the Mr. BROWN. Mr. President, I appre- Going into the war in Iraq was some- White House insists that no one should ciate the words of the Senator from Ne- thing very different. use the word. braska, Mr. SASSE, with whom I enjoy If we in this body are going to send They are dealing with a world they serving on the banking committee, and people into war, it is time we think wish were so, as opposed to the world I appreciate his good work. I take a bit about the costs of war, not come to the with which we are called to struggle. of issue with his comments. I know Senate floor and make speeches about The world in which we live is a world there are more than two options. But I how tough we are as Senators, when where we are going to be facing a dec- hear the greatest criticisms of the most Senators don’t have children— ades-long battle with militant Islam, President from those same people, urg- some do, but most don’t have children with jihadi Islam, with violent Islam. ing—not necessarily Senator SASSE in who go off to war. We are willing to We are obviously not at war with all this case, but many of the leaders in send people into combat, and then we Muslims, but we are at war with those this body on the Republican side who too often turn our backs on those sol- who believe they would kill in the were some of the strongest advocates diers once they come home and become name of religion, and the White House for the war in Iraq. Some of those same our Nation’s veterans. insists that we muzzle ourselves and people are saying, back into the Middle The suicide rate is too high among not tell the truth. East, sending combat troops. veterans, many of them suffering from Second, the White House’s logic for Going back to war is something that PTSD or traumatic brain injury or a why we shouldn’t tell the truth to the the American people—we all come to host of other illnesses or afflictions. American people or to ourselves is be- the floor claiming to speak for the The suicide rate is too high, the unem- cause the leaders of ISIL supposedly American people, perhaps, but we know ployment rate for veterans is too high, want to be identified with a religious that is not good policy and that is not and the drug addiction rate is too high. movement. The leaders of the ISIL what most people in this country want Yet, how often our colleagues come and movement and the broader jihadi to do. But I appreciate the comments talk about, let’s send combat troops, movement that is trying to kill Ameri- of the Senator. let’s go to war. How rarely they talk

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.064 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8595 about what we do with these men and become an officer in the United States mili- would make meaningful improvements women when they come home, whose tary. I went to another college—only to have to services for homeless veterans and lives have been changed dramatically. my drug addiction lead me to poor choices give more veterans access to housing These are the costs of war, and they that brought my career closer and closer to opportunities. an end, where the only thing I felt I had to President Kennedy, in his 1963 don’t get nearly the attention on the hold onto would be a career in the Army. Senate floor, in the media, or among I enlisted, and discovered that being away Thanksgiving proclamation—I believe policymakers as do the actually going from home . . . left me face-to-face with the week before he died—said, ‘‘As we to war and sending our troops. those old demons, and once again I was being express our gratitude, we must never It is shameful that veterans have discharged. . . . It wasn’t long after my re- forget that the highest appreciation is these rates of unemployment, addic- turn . . . that I found myself in and out of not to utter words, but to live by tion, suicide, and homelessness. We trouble. Having no insurance to pay for the them.’’ have made progress on homelessness treatment I truly needed to address my ad- Sure, we come to this floor. We send through a combination of increased diction, and nearly a life sentence on the in- people off to battle. Surely we need to stallment plan and years of struggle. . . . Federal investments and improved do that sometimes. Sure, we come to services. Over the past 5 years, home- He goes on. the floor and talk about veterans, but lessness among veterans has declined [The Joseph House] was the one place that so often we don’t live up to the obliga- 36 percent, but too many remain on the believed in never leaving any soldier be- tions to help these veterans deal with hind—the Joseph House. streets. It was while at the Joseph House that I had their homelessness, to help veterans Veterans comprise 12 percent of the the opportunity to get the treatment I so deal with suicide, with the threat of Nation’s adult homeless population. badly needed. . . . Today, thanks to God and suicide, the likelihood of suicide for According to the U.S. Department of his mercy. . . . some of them, help our veterans deal Housing and Urban Development, some He goes on to talk about some of the with drug addiction, help our veterans 48,000 veterans were homeless—includ- things he has done. He has written a deal with mental health issues. Often ing 1,200 in my State of Ohio—on a play. He has produced a play. He has these are costs of war that we simply given night in January when a census, done wonderful things, especially for don’t discuss on the Senate floor. It is if you will, was taken about homeless- his fellow veterans. His story should so important that we do. I hope my col- ness. That is 48,000 too many. It is a serve as a reminder to all of us that we leagues will join me in ensuring every disgrace that they serve our country should not leave the men and women veteran has an opportunity to succeed. with honor, and thousands are left who serve this country. f without a roof over their head. Think There are so many stories like his. In TRIBUTE TO MEGHAN DUBYAK about that. We send them off to war. October I was in Dayton, where I met They are sometimes damaged by their with Robert White at the Homefull or- Mr. BROWN. Mr. President, in clos- ing, I want to recognize a long-term time in combat or their time in the ganization—Homefull as opposed to the staff member, a young woman who has military, and we don’t care enough to homeless. He served 4 years in the served in my office, Meghan Dubyak. find them places to live and find them Army Reserves and 1 year on Active She has been my communications di- drug treatment and find them jobs and Duty. He was honorably discharged in rector for most of my years in the Sen- give the kind of help to them that they 1980 and spent years working, facing ate. She comes from Shaker Heights, gave to our country. challenges that he said left him ‘‘lower OH. She has been a terrific public serv- I met the veterans the organizations than low.’’ He said, ‘‘As soon as I left ant. Today is her last day. This is serve—organizations such as the VFW, for basic training, I was homeless.’’ He about her last hour on the job, al- American Legion, these groups and talked about his work, his time in shel- though she is going with me tonight to counties called veteran service organi- ters. He said the result was always the zations. My State is blessed to have do one other appearance. Meghan is same. He said, ‘‘I entered homeless, and planning to get married this summer. one in each of our 88 counties. I hear no matter how good I did, I still left about their stories of perseverance. She is taking tomorrow off and is going homeless.’’ on Monday to join the staff of the Vice They are inspiring. Then, on the July Fourth weekend 7 President of the United States, JOE I visited the Joseph House in Cin- years ago, he entered Homefull’s VA BIDEN. She has been an incredible em- cinnati, where Nathan Pelletier and his per diem transitional supportive hous- team of dedicated staff and volunteers ployee. I wish her well. My wife Connie ing program. He became a model guest and I will love Meghan as long as we provided addiction treatment and tran- at Homefull. He got a job in Trotwood, sitional housing to veterans. We heard have the privilege of knowing her in a community near Dayton. He still has the years ahead. from Britton Carter, who was formerly the same job. Homefull connected Mr. homeless. He completed the treatment So thank you to Meghan. White with its partner organization, I yield the floor. program at Joseph House. He now which helped him achieve home owner- f works as a case manager helping other ship. Today he has gone from homeless struggling veterans. He spoke about veteran to owner of his own home. REMEMBERING OFFICER DANIEL the trials he has overcome. He said: That is because of his community in ELLIS As a small youth I fell in love with playing Dayton, because of this organization Mr. MCCONNELL. Mr. President, I army men. My mom would buy me little Homefull, and it is because of the part- wish to pay tribute to a Kentucky po- army men, and I dreamed of one day being a nership with the Veterans’ Administra- soldier. lice officer who was tragically lost in God had given me the gift of being a pretty tion, whose funding is always under the line of duty. Officer Daniel Ellis of good basketball player and as such I became jeopardy because of many Members of the Richmond Police Department was the first freshman to play and start on any the Senate and House who simply don’t shot while searching an apartment for varsity team. With success came fans and put the same effort into helping vet- a robbery suspect on November 4, 2015, countless people, many of whom had an erans as they do into funding the mili- and died from his wounds 2 days later. agenda that didn’t necessarily have my best tary. He was 33 years old. interest at stake. Last month I was in Cleveland. I vis- ‘‘Our lives will never be the same From the early years of high school I found myself star struck, and I would end up in the ited the Supportive Housing Home for again, the lives of his fellow officers company of those who used drugs—first pot Veterans. I visited the Trumbull Met- and of his family will never be the and wine, later I was introduced to heroin ropolitan Housing Authority in same,’’ Richmond Police Chief Larry and cocaine. Youngstown. These organizations are Brock said during Officer Ellis’s fu- With the grace of God, I was given the op- providing work that is so important. neral. ‘‘He turned out to be a great po- portunity to attend college at New Mexico We owe them our support. lice officer. He was one of those guys Military Institution in Roswell, NM. There Even one veteran on the street means that just got it and got it early.’’ were other offers from schools, but I was at- Congress isn’t doing enough to tackle Officer Ellis started at the depart- tracted to the opportunity of being able to play army man once again. this problem. That is why I joined my ment on August 11, 2008. He was known I was caught with drugs and kicked out of colleagues in introducing the Veteran as a kindhearted man who treated oth- school, and as a result I lost the chance to Housing Stability Act of 2015, which ers with dignity and respect. One day

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.066 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8596 CONGRESSIONAL RECORD — SENATE December 10, 2015 while on duty, he saw a man in busi- ‘‘It was as if the angels themselves were through the Senate. It has been an ness clothes carrying a tent and walk- crying at the loss of this special young honor to watch and participate in this ing down the street. When asked, the man,’’ Brock said. process—a process that has served as a man told Officer Ellis that he had a job Then hours later, a rainbow appeared over great example of the way the Senate is the Richmond Police Department. The chief interview the next morning and had takes that as a sign that Ellis is still with supposed to work. nowhere to spend the night. Officer them. When the original Senate version of Ellis paid to get him a room. ‘‘Rest easy, Daniel. You have left us too the Every Child Achieves Act came to Daniel graduated from Eastern Ken- early,’’ he said. the floor for a vote on July 22, 2015, I tucky University, where his funeral Shortly before he was killed, Ellis found could not support it because, while it service was held. Most of the school out he was being promoted to detective. made necessary changes to the No coliseum’s 7,000 seats were full for the It’s a job at which the chief said he would Child Left Behind law, I could not in service. Hundreds of fellow police offi- have excelled. good conscience support a bill that fell ‘‘From the kindergarten classrooms that short of investing in the potential and cers from across Kentucky and other he visited, to the courtrooms where his testi- States poured into Richmond to pay mony could be counted on to be straight- promise of all of our children, espe- their respects. forward and truthful, he will be greatly cially New Jersey’s most vulnerable Members of Officer Ellis’s family who missed,’’ East End Church of Christ minister students. I stood resolute in the belief are suffering from this loss include his Phillip Shumake said. that if Congress was truly going to in- wife, Katie; his son, Luke, who is only Hundreds lined downtown Richmond vest in our children and grand- 4 years old; his parents, Kelly and streets as Ellis received a hero’s escort to his children’s future, it was vital that any Nancy West Ellis; two brothers; a sis- final resting place. legislation passed provide support, ac- Residents in Richmond said they wanted to cess, and opportunity to equip the next ter; and his paternal grandmother. show their thanks to the man who gave his I know my colleagues in the United life protecting theirs. generation to succeed, regardless of States Senate join me in wishing the Black and blue pinwheels and white rib- their socioeconomic status. Ellis family our utmost condolences bons with Ellis’s badge number line the East- These needs were particularly poign- after their horrible loss. We are hum- ern Bypass. ant given the historic context of the bled and we are grateful for Officer Hundreds of officers drove down the street, original Elementary and Secondary Daniel Ellis’s service and his enormous escorting Ellis to his final resting place, Education Act as a civil rights bill. sacrifice in the line of duty. I hold the while the community watched and supported Created the same year as the Voting an officer who was loved. deepest admiration and respect for Rights Act of 1965 and just 11 years ‘‘Even though we wear a different badge, after the landmark Brown v. Board of every brave police officer across the he is my brother,’’ Shane Allen with Rich- Bluegrass State, all of whom put their mond Rescue said. Education decision, President Lyndon lives in danger to protect us. Kentucky ‘‘You’re grieving for someone that’s not a B. Johnson’s original piece of legisla- is thankful these men and women have family member, but he feels like a family tion intended to address the gaping made a sacred pledge to protect and de- member,’’ community member Shelley John- gulf in the quality of education re- fend. son said. ceived by low-income students in an in- Local news Web site WLKY.com pub- ‘‘We were actually on shift the day it hap- tensely segregated country. Indeed, pened and we were all trying to find out who lished a moving article about Officer this piece of legislation was a vital tool it was. He is family,’’ Allen said. in President Johnson’s arsenal on the Ellis and the outpouring of grief in the A kind of family that is brought closer to- Richmond community after his death. I gether in times of loss. War on Poverty. It is undeniable that ask unanimous consent that the article ‘‘And I was trying to explain to the kids, education is a cornerstone of the Amer- be printed in the RECORD. ‘Mommy, why do you cry?’ And it’s like ican Dream to achieve success and fi- There being no objection, the mate- something unexplainable and maybe they nancial security. We do our Nation and rial was ordered to be printed in the can understand that,’’ Johnson said. our children a disservice if we do not The community stood together to pay RECORD, as follows: do everything in our power to ensure their final respects holding signs calling [From WLKY.com, Nov. 12, 2015] that President Johnson’s arsenal is not Ellis a hero. only maintained, but honed and replen- THOUSANDS SAY GOODBYE TO SLAIN RICHMOND ‘‘It’s unbelievable. It’s really touching to OFFICER DANIEL ELLIS—CHIEF SAYS ‘‘GRIEF see the support—that even though it’s some- ished with robust provisions to fight an IS NEARLY INCONSOLABLE’’ thing tragic that has brought this commu- evolving battle for educational equity (By Carolyn Callahan and Emily Maher) nity together so tightly, to see the support in our schools. for somebody they might not even know. Although I did not vote for the origi- RICHMOND, KY.—He lost his life doing the job he loved. And to see them come out on a day and sup- nal Senate version of ESEA that passed Thousands of people were in Richmond on port him as he goes by to lay at rest,’’ Allen the Senate in July, I am glad to see a Wednesday to say goodbye to Officer Daniel said. conference report, the Every Student Ellis. Hundreds of officers from across the state Succeeds Act, ESSA, that takes ele- The 33-year-old was shot a week ago during escorted Ellis on a 100-mile journey to his ments from both the House and Senate final resting place. a robbery investigation. bill and ultimately is a better bill for He died two days later. ‘‘We just wanted to show what his service has meant to us,’’ community member Sarah all children, teachers, and parents in The funeral service was held at Alumni our country. Coliseum at Eastern Kentucky University. Roof said. Both Daniel and his wife, Katie, graduated As he passed by, blue balloons were re- Chief among provisions that I be- from the school. leased into the air as a final tribute to a man lieved were problematic was the lack of For the first time since the deadly shoot- the community said will never be forgotten. accountability measures to ensure ing, Richmond’s police chief spoke publicly. ‘‘He loved his job. He helped the commu- America’s most vulnerable students ‘‘We have lost our Daniel,’’ Chief Larry nity and that was his job. And that’s what he have access to a quality education. Brock said. ‘‘Our collective grief is nearly in- wanted to do,’’ Allen said. With regards to accountability, it was consolable.’’ Ellis will be laid to rest in Adair County. The family has asked for donations to be critical not to be overly prescriptive Ellis started with the Richmond Police De- while still acknowledging an intense partment in 2008. made to the Kentucky Law Enforcement Me- While Brock hoped Ellis would finish his morial Foundation or Supporting Heroes. need to identify and ask schools and career with the department, he never imag- f districts to figure out specific plans to ined it would end the way it did. turn things around in the lowest per- ‘‘Today we say goodbye to Officer Daniel EVERY STUDENT SUCCEEDS ACT forming schools and high schools who Ellis. Our Daniel. But we will never forget Mr. BOOKER. Mr. President, I wish fail to graduate one-third of their stu- him, his service, or his sacrifice,’’ Brock to speak about the Every Student Suc- dents. It is also critical to identify said. ceeds Act that the President signed where there are groups of students who Ellis leaves behind a wife and young son. into law today. are consistently performing worse than ‘‘Katie, I pledge to you and Luke that you will remain a part of our family. That we I want to first congratulate my col- their peers. I do not believe these will always be there for you, and that you leagues Senator PATTY MURRAY and changes should come from Washington. will never walk alone,’’ Brock said. Senator LAMAR ALEXANDER, who have Local teachers, principals, and parents The chief said it rained after Ellis died. effectively been able to guide this bill are best equipped to know how best to

VerDate Sep 11 2014 04:02 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.029 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8597 turn around a failing school, and this Armed Services Committee and was Paul distinguished himself in the per- bill gives them the arsenal to do so. I subsequently assigned to serve in my formance of his duties while dem- believe the new accountability provi- office to help write a $600 million pack- onstrating a uniquely comprehensive sions empower local leaders, with State age of veterans benefits for service- knowledge of manpower, personnel, and Federal guidance, to pursue the members and veterans of Operation training, enlisted personnel distribu- improvement strategies best suited to Desert Storm. While working on that tion, and surface warfare officer career their local needs. legislative matter, I had the privilege management issues. His effective lead- These accountability measures are of promoting then Lieutenant Paul to ership and initiatives helped transform vital if we are to guarantee that the the grade of lieutenant commander, how surface forces are trained and pre- ideals our students pledge allegiance to when he transitioned to the Navy Re- pared to fight in naval warships during every day, justice and liberty for all, serve, which allowed him to continue a vital period of change in the surface are manifest in the education we pro- to serve on my staff in Washington, warfare community. vide for our youngest Americans. DC, while also serving at the Penta- As a loyal and dedicated member of With this goal in mind, I am also gon’s Navy Command Center as assist- my staff for over 22 years, Rear Admi- pleased that ESSA includes my amend- ant operations department head. ral Paul worked tirelessly as a valued ment to support homeless and foster Rear Admiral Paul went on to faith- legislative aide to me in my U.S. Sen- youth, by ensuring educators and the fully serve on my Senate legislative ate office and on the professional staff public are aware of how foster and staff for a total of 16 years, followed by of the Senate Armed Services Com- homeless children and youth are per- 6 years as a professional staff member mittee. In that capacity, Rear Admiral forming on critical elements compared on the U.S. Senate Committee on Paul played an important role in policy to their peers by adding reporting for Armed Services, while simultaneously matters affecting our Nation and the these groups on graduation rates to the serving in numerous Navy positions of U.S. military, helping to advance State and school district report cards. increasing responsibility over the countless legislative initiatives en- The role of teachers is also course of more than 22 years. Those as- acted into law that will have a lasting prioritized in ESSA, and I was espe- signments included serving on the impact on U.S. policy, including the cially proud to see the amendment I Chief of Naval Operations staff as exec- Detainee Treatment Act of 2005, which authored that helps support teachers utive officer of Reserve Component prohibits the inhumane treatment of by asking school districts to identify Augment Units to the director of Sur- prisoners of the United States; legisla- opportunities to make working condi- face Warfare OPNAV N86 and the direc- tion that reauthorized the FAA in 1996, tions better and more sustainable. tor of Expeditionary Warfare OPNAV which is still recognized as the largest With these improvements made and N85 between 1997 and 1999. aviation reform law since the deregula- the spirit of the bill as an important Rear Admiral Paul’s Navy Reserve tion act of 1977; laws that help improve piece of civil rights legislation main- unit command assignments included the lives of our servicemembers, vet- tained, I wholeheartedly support the CVNE–0109, from 1999 to 2001, sup- erans, and military families; and nu- reconciled version that has passed the porting AIRLANT aircraft carriers, merous provisions that have improved House and Senate and that was signed during which he was recognized with the ability of the military to procure by the President today. the Commander Naval Air Force Re- needed combat capability, enhanced f serve Robert I. Barto Award; Naval the readiness of ships, submarines, and Surface Warfare Center Indian Head, aircraft, and maintained global superi- TRIBUTE TO REAR ADMIRAL from 2001 to 2003; and, rapid response to CHRISTOPHER J. PAUL ority—all while ensuring that the De- full unit-mobilization in support of Op- partment of Defense acts as a respon- Mr. MCCAIN. Mr. President, today I eration Noble Eagle, which was recog- sible steward of diminishing defense wish to recognize the service of RADM nized by the Secretary of the Navy dollars. Christopher J. Paul, Deputy Com- with the Meritorious Unit Commenda- As a determined Reserve Component mander, Naval Surface Force, U.S. Pa- tion. His command assignments also surface warfare leader and dedicated cific Fleet, who is retiring from the included Navy Region, Mid-Atlantic, public servant, it is fitting that we United States Navy after more than 38 from 2003 to 2005, where he was mobi- honor Rear Admiral Paul’s service dur- years of faithful service to our Nation. lized in support of Joint Task Force ing the centennial of the U.S. Navy Re- Having enlisted in the Navy in 1977, Katrina as chief of staff, Joint Force serve. Rear Admiral Paul embodies the Rear Admiral Paul went on to attend Maritime Component Commander; U.S. moral character and dedication of our the U.S. Naval Academy Preparatory Forces, Japan from 2005 to 2007, where Nation’s citizen-sailors who bring School and U.S. Naval Academy, where the unit received the Joint Meritorious unique skill sets through their mili- he distinguished himself as a valued Unit Award for its contingency and ex- tary and civilian training and serve our leader of the varsity cross country, in- ercise support that greatly enhanced country honorably by the core values door, and outdoor Track teams under the U.S.-Japan Security Alliance; and of the United States of America. I famed coach Al Cantello and a 10-time deputy regional commander to Com- heartily thank Rear Admiral Paul; his letterman. After graduating from the mandant, Naval District Washington, wife, Shannon; daughter, Catherine; Naval Academy in 1982 with a Bachelor from 2007 to 2008, supporting the Navy and son, Christopher, for their honor- of Science degree in physical science, Total Force in the national capital able service to our Nation and the U.S. RADM Paul served on USS KIDD, DDG area. Navy; and wish Rear Admiral Paul fair 993, a destroyer homeported in Norfolk, During Rear Admiral Paul’s flag offi- winds and following seas as he con- VA, until 1987 and qualified as a sur- cer assignments, he led several type cludes a career in the U.S. Navy exem- face warfare officer during deploy- commands responsible for manning, plary in honor and distinction. ments to the Atlantic and Indian training, and equipping naval warships Thank you. and expeditionary forces. In his first Oceans; the Mediterranean, Black, f North, Baltic, Red, and Caribbean Seas; flag assignment, Rear Admiral Paul and the Arabian Gulf. served as deputy commander, Navy Ex- TRIBUTE TO JIM SMITH Rear Admiral Paul’s Pentagon staff peditionary Combat Command from ∑ Mr. ROUNDS. Mr. President, today I assignments included service on the 2008 to 2011, receiving the Navy Unit wish to honor a great South Dakotan Joint Staff as an action officer in the Commendation for its outstanding suc- on his notable accomplishments and Operations Directorate J–3 and U.S. cess in Operation Enduring Freedom his career, starting as an elevator oper- Senate liaison officer and assistant and Operation Iraqi Freedom; deputy ator in the Senate. His career spanned surface warfare program officer in the commander, Naval Surface Forces At- seven decades, 10 Presidents, and 32 Secretary of the Navy’s Office of legis- lantic from 2011 to 2012; and deputy Congresses. To say Jim Smith is an in- lative affairs from 1987 to 1991. During commander, Naval Surface Force, U.S. stitution in Washington, DC, would be that assignment, Rear Admiral Paul Pacific Fleet from 2012 to 2015, where an understatement. had the opportunity to work on behalf he culminated his Navy career. During Jim Smith was born in Aberdeen, SD, of Members of Congress on the Senate his flag officer positions, Rear Admiral but spent the majority of his childhood

VerDate Sep 11 2014 04:02 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.037 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8598 CONGRESSIONAL RECORD — SENATE December 10, 2015 in my hometown of Pierre, SD. After tural Economics at the Ohio State Uni- farm bill with the development of the graduating from Pierre High School in versity and later at Stanford Univer- Average Crop Revenue Election, ACRE, 1948, Jim attended the South Dakota sity where he obtained his PhD. Dr. program, which represented a novel ap- School of Mines and Technology, where Zulauf credits his upbringing on a farm proach to risk management for our Na- he was the quarterback for the Miners as the foundation for his interest in tion’s farmers. Carl worked with my of- when they won a championship in 1951. strengthening our Nation’s domestic fice in 2008, as well as the office of Sen- After graduating from SDM&T in farming and the special appreciation ator DURBIN, to draft legislation that 1952, Jim decided law school was the he has for the issues facing American would become the ACRE program. best route for him, and this South Da- farmers and the agricultural sector. ACRE was based on years of research kota boy moved to the big city to at- Since 1980, Carl had been a pillar of and conversations with farmers and tend George Washington School of Law OSU’s College of food, agricultural, and some of the best minds in our agri- in Washington, DC. Like many hard- environmental sciences. The depth and culture industry. My staff worked on working South Dakotans, Jim worked breadth of his research portfolio is im- ACRE which later became the ARC, his way through law school, starting pressive and includes dozens of peer-re- Average Risk Coverage, program—leg- his career operating the very same viewed journal articles and over 1,000 islation that I worked on with Senator Senate elevators we take today in the articles developed for broader public THUNE and which we were able to in- U.S. Capitol. consumption. Not just a researcher, clude the 2014 farm bill. Over 90 percent Jim’s work ethic caught the eye of Carl is a dedicated educator. Thou- of our Nation’s corn and soybean farm- many, and he eventually moved on to sands of students have benefited from ers choose to enroll in the ARC pro- work for his home State Senator, Karl his teaching, leadership, and men- gram which will serve as a crucial safe- Mundt. Jim worked as a legislative as- toring. Carl served as academic adviser ty net for farmers at risk of low yields sistant for Senator Mundt and went on to more than 200 students. For over a and was the first revenue-based rather to become minority counsel on the decade, he has been a faculty adviser than fixed-price program. The over- Senate Foreign Affairs Subcommittee for Ohio State’s SPHINX Senior Hon- whelming participation in these pro- on Intergovernmental Relations. orary—which each year pays tribute to grams serves as validation of Carl’s After his time working on Capitol 24 students who ‘‘embody the highest work and cements his reputation as a Hill, Jim began a successful career in ideals of scholarship, leadership, cama- key architect of our Nation’s food and the banking sector until he was called raderie, citizenship, and service at The farm policy. Carl’s fingerprints will be back to government service, this time Ohio State University.’’ Additionally, on agriculture policy for many future with the U.S. Treasury where he served he has helped organize programs with iterations of the farm bill. From his tenure as a motivating and as Deputy Undersecretary. In 1973, Jim students to travel to China and the engaging professor at OSU to the role became the first South Dakotan ap- Czech Republic to study agriculture. and voice he continues to play in Ohio pointed as Comptroller of the Cur- As a professor, his interest in his stu- and across the Nation as a leading rency, an office created by President dents can be seen by the large number thinker on the future of our farm and Abraham Lincoln in 1863. of farmers across my State that talk food policy, Carl has served as a re- Jim Smith served as Comptroller of about their time in Dr. Zulauf’s class- source guide and mentor for many. the Currency under two Presidents and room. The dozens of accolades that have been awarded to him throughout Thousands of students have benefited eventually left to rejoin the private from his teaching, and thousands of sector in 1976. He went on to have a his tenure at OSU serve as witness to his impact as both a teacher and schol- farmers will benefit from his work that successful career partnering with an- has informed our Nation’s agricultural ar. Carl’s many contributions are a re- other government relations profes- policies. I wish him the best in his re- minder that the values of the sional to establish their own firm, tirement and applaud his contributions SPHINX—service, camaraderie, leader- which will continue to bear his name to his profession and thank him for his ship, and scholarship—are not solely even after his retirement. service to America’s farmers, his uni- the domain of OSU’s students. Jim Smith embodies the work ethic versity, and our Nation.∑ and attitude we are known for in our Beyond his exemplary work as a re- State. He has earned his place on the searcher and educator, Carl has been f pages of South Dakota history books. an engaged member of both Ohio’s and RECOGNIZING THE ROCKY To Jim Smith and his wife of 37 the broader agriculture community. He MOUNTAIN RIFLE CLUB years, Karen, I wish you the best on has been a leader in the Ohio agri- ∑ Mr. DAINES. Mr. President, I would your retirement, and I thank you for business community, taking part in a like to recognize the Rocky Mountain your years of dedicated public service. number of strategic planning commit- Rifle Club, RMRC, for their efforts to Thank you for making South Dakota tees. He continues to be a regular con- support the Teton County 4–H Shooting proud.∑ tributor to FarmDoc, a project of the Sports Air Rifle and Air Pistol clubs. I f University of Illinois at Urbana-Cham- appreciate RMRC’s efforts to honor paign, which serves as an online re- ADDITIONAL STATEMENTS Montana’s strong hunting legacy and sources for farmers across the country. protect our Second Amendment rights. He inspired many students in his There are currently 20 Montana kids work at OSU, and one cannot fully un- TRIBUTE TO DR. CARL ZULAUF enrolled in the Teton program. Three derstand Ohio’s agricultural sector students are among the top 10 Montana ∑ Mr. BROWN. Mr. President, I wish to without knowing the name Carl Zulauf. shooters for their age groups: Berit honor today the distinguished career of However, his most noteworthy con- Bedord, age 14; Ashley Pearson, age 13; Dr. Carl Zulauf on the occasion of his tribution to agriculture in the United and Luke Ostberg, age 12. These three retirement from the faculty of the Ohio States must be his work on farm pol- have been the longest lasting members State University. icy. In 1985, Carl joined Senator John of the Teton club and have steadily Raised on a farm himself, Carl’s pas- Glenn’s office to help with agriculture earned top scores in State competi- sion for agriculture began at an early policy, an experience he described as tions. age. His family’s diversified farm eye-opening. With his academic back- The aim of the Teton County 4–H raised livestock and crops. His connec- ground and experience growing up on a program is to introduce young Mon- tion to the land has remained a com- farm, Carl brought an informed and di- tanans to shooting with a focus on mon thread throughout his life and ca- verse perspective. Though he went safety and the proper and ethical use of reer, and Carl hopes to use his retire- back to teaching following his time in firearms. The shooting sports program ment as an opportunity to refocus on Washington, Carl’s time in Senator is one of the most popular 4–H pro- his family’s farm. Glenn’s office left an indelible mark grams in the country, according to With the seeds of interest firmly and would guide his work on agri- Brian Bedord, the coordinator for the planted, Carl pursued his education in culture policy in the decades to come. Teton 4–H shooting program. what he knew best: agriculture. First, One pivotal example of Carl’s work The Rocky Mounty Rifle Club has where he earned a degree in Agricul- on agriculture policy was for the 2008 been a strong supporter of the Teton

VerDate Sep 11 2014 04:02 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.018 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8599 County 4–H Shooting Sports Air Rifle fits to 6 million retirees, workers with name and logo. Under his guidance, the and Air Pistol clubs and is currently disabilities and their families, and the school worked to ensure a smooth tran- raising funds to purchase top-of-the- families of workers who have died. So- sition. line air rifles and air pistols in addition cial Security pays an additional $461 As UND looks to the future, I recog- to target equipment for the 4–H pro- million in monthly Supplemental Se- nize that President Kelley’s work over gram. curity Income cash benefits to 835,000 these last 7 and a half years has It is my honor to thank the Rocky people aged 65 and older, as well as peo- strengthened the institution’s founda- Mountain Rifle Club and all of its ple who are blind or disabled, regard- tion for excellence and will help those members and employees for continuing less of age. who follow in his stead to maintain the to work towards the responsible edu- Mr. Infiesta and his wife, Joanne, are school’s legacy. On behalf of the stu- cation of firearms for young Mon- longtime residents of Lynbrook, in dents, families, and citizens of North tanans. The right to keep and bear Nassau County, Long Island. Dakota, I wish him and his family the arms is an issue that is of upmost im- Mr. President, I ask that we give best and thank them for their hard portance to me and the people of Mon- tribute on December 10, 2015, to the 42 work and service to the University of tana. I am grateful for all of RMRC’s years of service that Mr. Julio N. North Dakota and our great State.∑ hard work to educate Montanans and Infiesta gave to the Social Security support our State’s strong tradition of Administration and to the people of f responsible firearm ownership.∑ the United States.∑ f f RECOGNIZING CARSON TAHOE TRIBUTE TO JULIO N. INFIESTA TRIBUTE TO DR. ROBERT O. HEALTH’S REGIONAL MEDICAL CENTER ∑ Mrs. GILLIBRAND. Mr. President, I KELLEY wish to speak today in recognition of ∑ Ms. HEITKAMP. Mr. President, after ∑ Mr. HELLER. Mr. President, today I Mr. Julio N. Infiesta of Lynbrook, NY, 7 and a half years of leadership edu- wish to recognize the 10th anniversary who served in the Social Security Ad- cating the best and brightest minds not of Carson Tahoe Health’s, CTH, ac- ministration for 42 years in the New only in North Dakota, but from around claimed regional medical center. York region. I ask my colleagues to the world, University of North Dakota, Over the past decade, this center has join me in thanking Mr. Infiesta for his UND, president, Dr. Robert O. Kelley, grown to be one of northern Nevada’s years of dedication and public service is retiring. I want to take the time to leading health care facilities. Most re- and to congratulate him on his retire- thank him for his service and send my cently, the Carson Tahoe Sierra Sur- ment. best wishes to President Kelley, his gery department of the regional med- In 1973, Julio began his career with wife, Marcia, and his family for their ical center received the HealthInsight the Social Security Administration, commitment to the students, faculty, Hospital Quality Award for its top-tier serving in various local offices in the and families served by the university. care and patient satisfaction. The cen- New York metropolitan region, includ- President Kelley joined the Univer- ter has been recognized through a vari- ing in the South Bronx, where he was sity of North Dakota in 2008, serving as ety of accolades for its cutting-edge an operations supervisor, and in Long the school’s 11th president and pro- medical expertise and incredible pa- Beach, where he was selected as branch viding the university, its students, the tient care. I am proud to see this facil- manager. In 1976, he became a social in- city of Grand Forks, and the State of ity in Nevada recognized on a national surance specialist in the New York re- North Dakota the steadfast direction level for its high-quality medical treat- gional office in field operations. Mr. needed to strengthen the legacy and ment. Infiesta also served as assistant dis- leadership of the institution. Since the Medical Center’s opening, trict manager and district manager in As an alumna, the University of those working within the facility have the Jamaica and Flushing offices until North Dakota will always hold a spe- gone above and beyond to provide 2001, when he entered the agency’s Ad- cial place in my heart. The University northern Nevadans with the best vanced Leadership Program. Mr. of North Dakota is where I gained health care. The staff has spent count- Infiesta was promoted to the position knowledge and skills that helped me in less hours further expanding health of deputy assistant regional commis- both the private and public sectors. So care services for Nevadans. The med- sioner for management and operations I am proud President Kelley similarly ical center has developed a premier support and also served as the acting ensured that students continue to re- open heart and endovascular surgery assistant regional commissioner for ceive the skills they need to succeed. program and a women and children’s management and operations support. Under his steady guidance, the Univer- center with a five-star rating. The fa- As a member of the Senior Executive sity of North Dakota has grown signifi- cility has also secured an affiliation Service Candidate Development Pro- cantly. with the University of Utah Health gram, he served as an area director and Nearly $225 million in building Care and Huntsman Cancer Institute, as the director for disability in the of- projects are underway at the univer- which significantly increases care op- fice of the deputy commissioner for op- sity, including the school of law build- tions for Nevadans. The center is ac- erations. In 2003, Mr. Infiesta was se- ing addition and renovation and the knowledged for its complete cancer lected as the region’s assistant re- new school of medicine and health treatment, intervention, support, and gional commissioner for management sciences building, which will open in aftercare and provides 153 beds for Sil- and operations support and was ele- the fall of 2016. Each and every time I ver State residents. The staff is com- vated to deputy regional commissioner return to the campus to visit with stu- prised of 240 board-certified physicians in 2014. dents and faculty, I see firsthand the that cover an array of 35 medical spe- As Social Security’s second senior exceptional college experience UND of- cialties. The northern Nevada commu- ranking official in the New York met- fers. I know these accomplishments are nity is fortunate to have this incred- ropolitan region, Mr. Infiesta oversaw in large part attributed to Dr. Kelley’s ible Medical Center ready to help with Social Security operations in New direction and will be an element of his its medical needs. York, New Jersey, Puerto Rico, and the legacy for years to come. For the past decade, CTH’s regional U.S. Virgin Islands. These operations Since the university’s founding in medical center has provided residents included an annual administrative 1883, it has been an academic center for across northern Nevada with top-notch budget of $400 million for more than North Dakota, where young minds and innovative health care options. 3,900 employees in 113 field offices, four have had the opportunity to learn and The hard work of those that have teleservice centers, four Social Secu- grow to become the leaders of the helped grow this facility is greatly ap- rity Card Centers, the Northeastern State and the country. President preciated. Today I ask my colleagues Program Service Center, and the New Kelley’s leadership has worked to navi- to join me in honoring the regional York regional office. In the New York gate the university through sometimes medical center on its 10th anniversary metropolitan region, Social Security controversial reforms including the and in thanking those that work with- pays $7.3 billion in monthly cash bene- process to change the school’s nick- in the facility helping to save lives.∑

VerDate Sep 11 2014 04:02 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.028 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8600 CONGRESSIONAL RECORD — SENATE December 10, 2015 RECOGNIZING THE SOUTHERN NE- REMEMBERING THAIS F. the executive director of the Wheeling VADA CHAPTER OF THE MILI- O’DONNELL BLATNIK Area Training Center for the Handi- TARY OFFICERS ASSOCIATION ∑ Mr. MANCHIN. Mr. President, today capped, WATCH. OF AMERICA I wish to honor the life of a dear friend Thais was not only reputable and ac- ∑ and a remarkable West Virginian who complished in her public life, but she Mr. HELLER. Mr. President, today I was also an unparalleled example of a wish to congratulate the southern Ne- passed away on December 9th, 2015. Former West Virginia State senator devoted wife, a proud mother, and a vada chapter of the Military Officers wonderful grandmother. She was mar- Association of America on reaching a and house of delegates member, Thais F. O’Donnell Blatnik, was a dedicated ried to the late Dr. Albert M. Blatnik significant milestone of 50 years of for more than 48 years and paid tribute service in our State. It gives me great public servant and an inspiring leader who was respected and admired by all to him in a book she wrote titled pleasure to recognize this entity that ‘‘Here’s Al.’’ Thais received love and does so much for Nevada’s veterans, ac- who knew her. She led an extraor- dinary life that will always be remem- support throughout her life from Al as tive military members, and their fami- bered in the hearts of the countless in- well as her children—Floyd, Judy, and lies. dividuals whose lives she touched. David—and her grandchildren—Katie, For half a century, the southern Ne- Thais was a proud West Virginian Jack, Joe, Maggie, and Sam—who lov- vada chapter has provided southern Ne- from our State’s northern panhandle. ingly called her ‘‘Meme.’’ During their vada’s military community with an in- She was born and raised in the town of lives, Thais and Al led their grand- credible support system to address a di- Weirton, where she grew up with her children across the country intro- verse range of veterans and active mili- loving parents and her two younger sis- ducing them to exciting new experi- tary members’ issues. The organization ters, Eileen and Kay. It was there in ences. offers our Nation’s brave men and the small town of Weirton that Thais Anyone who knew Thais Blatnik can women advice and guidance on com- would plant her roots and cultivate an tell you about her incredible passion pensation and benefits, as well as inherent love and commitment to her for her community and her State and raises money to benefit Wounded War- community, the northern panhandle her ability to inspire each person she riors, ROTC scholarships, and other en- region, and her entire State. encountered. She made a difference tities helping our heroes who have de- Thais went on to live a long and pros- throughout West Virginia and will be fended our freedoms. The southern Ne- perous life, filled with immense suc- forever remembered for her many years vada chapter spearheaded the Veterans cess. But she never strayed too far of service. She was truly a hero to so Court Program, which gives veterans a from her loved ones and friends in many in our State, and though she will second chance and helps to expunge Weirton and the northern panhandle. be greatly missed, her memory will al- misdemeanors from their records, so After graduating from high school, she ways live on.∑ long as they participate in a rehabilita- attended and graduated from West Lib- tion program, perform community erty University and launched a tireless f career in journalism. After college, service, and maintain a positive life- RECOGNIZING THE HENRY FORD Thais returned to her beloved home- style. HEALTH SYSTEM Southern Nevada’s military commu- town to work for the Weirton Daily ∑ Mr. PETERS. Mr. President, today I nity is fortunate to have this chapter Times. She also spent part of her ca- wish to recognize Henry Ford Health working as an ally to improve the lives reer working for the Wheeling Intel- System as it celebrates delivering a of veterans. The organization also ad- ligencer and as an editor for the Do- century of high-quality and innovative vocates on behalf of America’s national minion Post. health care services to the metropoli- defense, an issue I believe is crucial for During her journalism career, Thais tan Detroit community. our country. I am grateful to each and developed her inquisitive nature along In 1909, Henry Ford, David Whitney, every member of this organization for with her passion for asking the hard and a few other leading Detroit-area their service and sacrifice in defending questions. She was a true force, and businessmen recognized the need for a our Nation. There is no way to ade- she was tough but fair when it came to major health care center in Detroit and quately thank the men and women who telling the news. She covered all levels set out to open Detroit General Hos- sacrifice their lives for our freedoms. of politics, and she even had the oppor- pital. After experiencing several years Their service is invaluable to our coun- tunity to interview three U.S. Presi- of delays, Henry Ford took over the en- try. dents: President Kennedy, President Ford, and President Roosevelt. As a re- tire project and renamed the facility As a member of the Senate Veterans’ sult of her work in journalism, she was ‘‘Henry Ford Hospital’’, which opened Affairs Committee, I have had no emboldened to run for office herself its doors to the public on October 1, greater honor than the opportunity to and to stand up for the northern pan- 1915. engage with the men and women who handle communities she loved so dear- From the outset, Henry Ford was fo- served in our Nation’s military. I rec- ly. cused upon adapting the insights and ognize Congress has a responsibility Just as Thais was a fierce journalist, innovations he pioneered in the auto- not only to honor the brave individuals she became an equally strong and pas- motive industry for use in the delivery who serve our Nation, but also to en- sionate public servant. Genuinely com- of health care services. Among his in- sure they are cared for when they re- mitted to improving the lives of all novations were a first-in-the-Nation turn home. I remain committed to up- West Virginians, she represented Ohio center for treating chemical depend- holding this promise for our veterans County for 8 years in the house of dele- ency and an accountability system for and servicemembers in Nevada and gates and another 8 years in the State promoting shorter patient waiting throughout the Nation. I am grateful senate. I was proud to work alongside times. Over the years, Henry Ford to have organizations like the southern her and call her my colleague during Health System’s commitment to inno- Nevada chapter working towards a my time in the State senate. Thais vation saw breakthroughs in the ad- common goal: fighting to ensure the spent her time at the statehouse fight- ministration of electrocardiograms, needs of our veterans are met. ing to improve the lives of all West improvements in the design of hospital Today I ask my colleagues and all Virginians, but specifically women and beds, and advancements in medication Nevadans to join me in recognizing the children and those struggling with regiments for treating bacterial infec- southern Nevada chapter of the Mili- mental health and disabilities. She was tions. tary Officers Association of America, honored for her great work and for her Throughout its history, Henry Ford an organization with a noble and chari- service as Mental Health Directors Health System has been committed to table mission. I am humbled and hon- Legislator of the Year and recognized meet the evolving needs of the metro ored to recognize its 50th anniversary, by the West Virginia Association for Detroit region. Recognizing the need and I wish to thank all of the hard- the Developmentally Disabled for her for access to low-cost health care serv- working members for everything they faithful work helping children with ices, Henry Ford Hospital partnered do.∑ exceptionalities. Thais also served as with the State of Michigan in 1970 to

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.027 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8601 create the Community Health and So- and then Brown University’s Pembroke MEASURES REFERRED cial Services, CHASS, clinic in south- College, where she graduated with a de- The following bill was read the first west Detroit. Around the same time, gree in political science in 1965. and the second times by unanimous Henry Ford Health System also began She says that when she graduated consent, and referred as indicated: partnering with the Detroit public from Pembroke, she was told ‘‘women H.R. 2130. An act to provide legal certainty schools to provide in-school health don’t go to law school’’ and she had to property owners along the Red River in services to students. best look for work elsewhere. That Texas, and for other purposes; to the Com- With the growing population in De- didn’t sound right to her. mittee on Energy and Natural Resources. troit’s suburbs, Henry Ford Health Sys- Judge Bedrosian enrolled at Suffolk f tem began to expand, opening new Law School, where she excelled. She PETITIONS AND MEMORIALS medical centers in Troy, Dearborn, and earned a clerkship with Rhode Island West Bloomfield. Today Henry Ford The following petitions and memo- Supreme Court Justice Thomas rials were laid before the Senate and Health System has grown from a single Paolino. After her clerkship, she rose facility with 48 beds into a regional were referred or ordered to lie on the quickly in the legal profession, serving table as indicated: health care provider which admits as an assistant general counsel for the around 89,000 patients each year and POM–124. A joint resolution adopted by the Providence & Worcester Railroad, rep- Legislature of the State of Alabama applying delivers approximately 3.5 million clin- resenting children in private practice ic visits. The staff has also grown to to the United States Congress, pursuant to and serving as a special assistant to Article V of the Constitution of the United more than 23,000 employees, making the Rhode Island Attorney General in States, to call a convention of the states Henry Ford Health System the fifth the Criminal Division. limited to proposing amendments that im- largest employer in the Metro Detroit In 1980, Rhode Island Governor J. Jo- pose fiscal restraints on the federal govern- region. ment, limit the power and jurisdiction of the seph Garrahy nominated her to serve In recognition of its outstanding federal government, and limit the terms of on Rhode Island’s family court, making commitment to delivering world-class office of federal government officials; to the her the first woman to sit on the fam- health care services in a novel and ef- Committee on the Judiciary. ily court bench. Over the course of her fective manner, Henry Ford Health HOUSE JOINT RESOLUTION 112 tenure, she has built a reputation for System is the only organization to re- Whereas, the Founders of our Constitution fairness, compassion, and thorough ceive all five major health care quality empowered state legislators to be guardians command of the law. She has deftly of liberty against future abuses of power by awards: the Foster G. McGaw Prize in handled some of the most complex and the federal government; and 2004, the Joint Commission’s Ernest difficult cases to come before the Whereas, the federal government has cre- Amory Codman and John M. Eisenberg Court. ated a crushing national debt through im- Awards in 2006 and 2011, the American proper and imprudent spending; and Hospital Association’s McKesson Quest She rose to the position of chief Whereas, the federal government has in- for Quality Prize in 2010, and the Mal- judge on the family court in 2010—an- vaded the legitimate roles of the states colm Baldrige Award in 2011. As a re- other first for a woman in Rhode Is- through the manipulative process of federal mandates, most of which are unfunded to a cipient of the Baldrige Award, Henry land—where she has proven herself an able leader. She has promoted medi- great extent; and Ford Health System joins an elite Whereas, the federal government has group of organizations who have been ation as a way to resolve challenging ceased to live under a proper interpretation recognized for outstanding innovations family disputes more quickly and with of the Constitution of the United States; and in their respective fields. less stress on the parties involved. She Whereas, it is the solemn duty of the I am honored to ask my colleagues to has advocated for improvements to the states to protect the liberty of our people, join me today in recognizing Henry way juveniles are treated in our justice particularly for the generations to come, to propose amendments to the Constitution of Ford Health System’s 100th anniver- system, both at the State and Federal levels. She has worked to combat the United States through a Convention of sary. This significant milestone is a the States under Article V to place clear re- great opportunity to reflect upon its human trafficking and sexual violence. straints on these and related abuses of century-long record of fostering inno- And she has expanded the family treat- power: Now, therefore, be it vations in the development and deliv- ment drug court, a smart and effective Resolved by the Legislature of Alabama, both ery of health care services, its commit- program to address drug offenses that houses thereof concurring, That the Legisla- ment to providing the best possible involve youth and families. ture of the State of Alabama hereby applies to Congress, under the provisions of Article outcomes for its patients, and the In addition to her good work in the courtroom, Judge Bedrosian has con- V of the Constitution of the United States, transformative effect it continues to for the calling of a convention of the states make, both in the health care field and tributed a great deal to her commu- limited to proposing amendments that im- metro Detroit. Henry Ford Health Sys- nity. She remains a committed mem- pose fiscal restraints on the federal govern- tem has made a remarkable impact in ber of the congregation of Saints ment, limit the power and jurisdiction of the southeast Michigan over the last cen- Vartanantz Armenian Apostolic federal government, and limit the terms of tury, and I wish its leadership, medical Church in Providence where she is a office for its officials. This is an application professionals, and staff well in con- frequent volunteer. She has also found- for a Convention of States. By definition, a Convention of States requires the equality of tinuing to fulfill its mission in the ed and served as president of the Rhode Island Trial Judges Association. all state parties necessitating a rule of one years and decades ahead.∑ state, one vote. Congress has no authority to f We will miss Judge Bedrosian’s adopt any rule to the contrary; and be it fur- steady hand and compassionate, rea- ther TRIBUTE TO JUDGE HAIGANUSH R. soned rulings on the bench. But we Resolved, This application is adopted with BEDROSIAN wish her well in the next chapter of her the understanding that the Legislature will, ∑ Mr. WHITEHOUSE. Mr. President, life. Best of luck, Your Honor.∑ by law or rule, create rules for its appoint- as this year draws to a close, so too ment of delegates to any Convention of does a long and accomplished legal ca- States, including rules that govern the duty f of commissioners or delegates to strictly ad- reer for Rhode Island Family Court here to the limited subject matter of the Chief Judge Haiganush R. Bedrosian. MESSAGE FROM THE HOUSE convention contained in the state’s applica- She will retire from the bench at the tion; and be it further end of December after serving on the At 2 p.m., a message from the House Resolved, That the Secretary of State is family court for over 35 years. Judge of Representatives, delivered by Mr. hereby directed to transmit copies of this ap- Bedrosian is a trailblazer and a skilled Novotny, one of its reading clerks, an- plication to the President and Secretary of leader in the Rhode Island legal com- nounced that the House has passed the the United States Senate and to the Speaker following bill, in which it requests the and Clerk of the United States House of Rep- munity. She will be missed. resentatives, and to the members of the Sen- Judge Bedrosian, the daughter of Ar- concurrence of the Senate: ate and House of Representatives of the menian immigrants, is a lifelong Rhode H.R. 2130. An act to provide legal certainty United States Congress from this state; and Islander who grew up in Cranston. She to property owners along the Red River in to also transmit copies hereof to the pre- attended Cranston East High School Texas, and for other purposes. siding officers of each of the legislative

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.055 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8602 CONGRESSIONAL RECORD — SENATE December 10, 2015 houses in the several states, requesting their to provide for the shared management of the mortgage foreclosure, and eviction, and for cooperation; and be it further withdrawn land by the Secretary of the Inte- other purposes; considered and passed. Resolved, That this application constitutes rior and the Secretary of the Air Force to fa- By Mr. CRUZ (for himself and Mr. SES- a continuing application in accordance with cilitate enhanced weapons testing and pilot SIONS): Article V of the Constitution of the United training, enhance public safety, and provide S. 2394. A bill to amend the Immigration States until the Legislatures of at least two- for continued public access to the withdrawn and Nationality Act to improve the H–1B thirds of the several states have made appli- land, to provide for the exchange of certain visa program, to repeal the diversity visa cations on the same subject. Federal land and State land, and for other lottery program, and for other purposes; to purposes; to the Committee on Energy and the Committee on the Judiciary. POM–125. A communication from a citizen Natural Resources. By Mr. MCCAIN (for himself, Mrs. of the State of Illinois memorializing the By Mr. FLAKE: FEINSTEIN, Mr. FLAKE, and Mr. SCHU- State of Illinois’s petition to the United S. 2384. A bill to amend the Public Utility MER): States Congress calling for a constitutional Regulatory Policies Act of 1978 to provide for S. 2395. A bill to reauthorize the State convention for the purpose of proposing the consideration by State regulatory au- Criminal Alien Assistance Program, and for amendments; to the Committee on the Judi- thorities and nonregulated electric utilities other purposes; to the Committee on the Ju- ciary. of whether subsidies should be provided for diciary. the deployment, construction, maintenance, By Mr. ISAKSON (for himself and Mr. f or operation of a customer-side technology; PERDUE): REPORTS OF COMMITTEES to the Committee on Energy and Natural Re- S. 2396. A bill to designate the Federal sources . building and United States courthouse lo- The following reports of committees By Mr. COONS (for himself and Mr. cated at 121 Spring Street SE in Gainesville, were submitted: FLAKE): Georgia, as the ‘‘Sidney Olsin Smith, Jr. By Mr. CORKER, from the Committee on S. 2385. A bill to strengthen protections for Federal Building and United States Court- Foreign Relations: the remaining populations of wild elephants, house’’; to the Committee on Environment Special Report entitled ‘‘Legislative Ac- rhinoceroses, and other imperiled species and Public Works. tivities Report of the Committee on Foreign through country-specific anti-poaching ef- By Mr. REID (for himself, Mr. Relations, United States Senate, One Hun- forts and anti-trafficking strategies, to pro- FRANKEN, Mr. TESTER, Mr. LEAHY, dred Thirteenth Congress’’ (Rept. No. 114– mote the value of wildlife and natural re- Mr. BOOKER, Ms. BALDWIN, and Mr. 178). sources, to curtail the demand for illegal SCHUMER): S. 2397. A bill to amend the Child Abuse By Mr. CORKER, from the Committee on wildlife products in consumer countries, and Prevention and Treatment Act to authorize Foreign Relations, without amendment and for other purposes; to the Committee on For- the Secretary of Health and Human Services with a preamble: eign Relations. to make grants to States that extend or S. Res. 189. A resolution expressing the By Mrs. GILLIBRAND (for herself and eliminate unexpired statutes of limitation sense of the Senate regarding the 25th anni- Mr. SCHUMER): applicable to laws involving child sexual versary of democracy in Mongolia. S. 2386. A bill to authorize the establish- abuse; to the Committee on Health, Edu- By Mr. CORKER, from the Committee on ment of the Stonewall National Historic Site cation, Labor, and Pensions. Foreign Relations, with an amendment in in the State of New York as a unit of the Na- By Mr. SANDERS: the nature of a substitute and with a pre- tional Park System, and for other purposes; to the Committee on Energy and Natural Re- S. 2398. A bill to provide benefits and serv- amble: ices to workers who have lost their jobs or S. Res. 320. A resolution congratulating the sources. By Mr. WYDEN (for himself, Mr. have experienced a reduction in wages or people of Burma on their commitment to hours due to the transition to clean energy, peaceful elections. BROWN, Mr. WHITEHOUSE, Mrs. GILLI- BRAND, Ms. KLOBUCHAR, Mr. SANDERS, to amend the National Labor Relations Act By Mr. CORKER, from the Committee on to establish an efficient system to enable Foreign Relations, without amendment and Ms. WARREN, and Mr. MERKLEY): S. 2387. A bill to restore protections for So- employees to form, join, or assist labor orga- with an amended preamble: nizations, and for other purposes; to the S. Res. 326. A resolution celebrating the cial Security, Railroad retirement, and Black Lung benefits from administrative off- Committee on Finance. 135th anniversary of diplomatic relations be- By Mr. SANDERS: tween the United States and Romania. set; to the Committee on Finance. By Mr. CRUZ (for himself and Mr. S. 2399. A bill to provide for emissions re- f LEE): ductions, and for other purposes; to the Com- S. 2388. A bill to amend the Federal Food, mittee on Finance. EXECUTIVE REPORTS OF Drug, and Cosmetic Act to provide for recip- By Mr. MCCAIN (for himself and Ms. COMMITTEE rocal marketing approval of certain drugs, AYOTTE): biological products, and devices that are au- S.J. Res. 28. A joint resolution providing The following executive reports of for congressional disapproval under chapter 8 nominations were submitted: thorized to be lawfully marketed abroad, and for other purposes; to the Committee on of title 5, United States Code, of the rule By Mr. GRASSLEY for the Committee on Health, Education, Labor, and Pensions. submitted by the Secretary of Agriculture the Judiciary. By Ms. COLLINS (for herself and Ms. relating to inspection of fish of the order Dana J. Boente, of Virginia, to be United CANTWELL): Siluriformes; to the Committee on Agri- States Attorney for the Eastern District of S. 2389. A bill to amend title XVIII of the culture, Nutrition, and Forestry. Virginia for the term of four years. Social Security Act to extend the rural add- f Robert Lloyd Capers, of New York, to be on payment in the Medicare home health United States Attorney for the Eastern Dis- benefit, and for other purposes; to the Com- SUBMISSION OF CONCURRENT AND trict of New York for the term of four years. mittee on Finance. SENATE RESOLUTIONS John P. Fishwick, Jr., of Virginia, to be By Mr. GRASSLEY (for himself and The following concurrent resolutions United States Attorney for the Western Dis- Mr. LEAHY): trict of Virginia for the term of four years. and Senate resolutions were read, and S. 2390. A bill to provide adequate protec- referred (or acted upon), as indicated: Emily Gray Rice, of New Hampshire, to be tions for whistleblowers at the Federal Bu- United States Attorney for the District of reau of Investigation; to the Committee on By Mr. MCCONNELL (for himself and New Hampshire for the term of four years. the Judiciary. Mr. REID): (Nominations without an asterisk By Mr. SANDERS (for himself, Mr. S. Res. 333. A resolution to direct the Sen- ate Legal Counsel to appear as amicus curiae MARKEY, and Mr. MERKLEY): were reported with the recommenda- in the name of the Senate in Bank Markazi, tion that they be confirmed.) S. 2391. A bill to amend the Internal Rev- enue Code of 1986 to permanently extend cer- The Central Bank of Iran v. Deborah D. f tain energy tax provisions; to the Committee Peterson, et al. (S. Ct.); considered and on Finance. agreed to. INTRODUCTION OF BILLS AND By Mr. BROWN (for himself and Mr. f JOINT RESOLUTIONS BLUMENTHAL): ADDITIONAL COSPONSORS The following bills and joint resolu- S. 2392. A bill to enhance beneficiary and tions were introduced, read the first provider protections and improve trans- S. 469 parency in the Medicare Advantage market, and second times by unanimous con- At the request of Mrs. MURRAY, the and for other purposes; to the Committee on name of the Senator from Illinois (Mr. sent, and referred as indicated: Finance. KIRK) was added as a cosponsor of S. By Mr. HATCH (for himself and Mr. By Mr. WHITEHOUSE (for himself and 469, a bill to improve the reproductive LEE): Mr. BLUMENTHAL): S. 2383. A bill to withdraw certain Bureau S. 2393. A bill to extend temporarily the ex- assistance provided by the Department of Land Management land in the State of tended period of protection for members of of Defense and the Department of Vet- Utah from all forms of public appropriation, uniformed services relating to mortgages, erans Affairs to severely wounded, ill,

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.014 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8603 or injured members of the Armed (Ms. CANTWELL) was added as a cospon- was added as a cosponsor of S. 2193, a Forces, veterans, and their spouses or sor of S. 1562, a bill to amend the Inter- bill to amend the Immigration and Na- partners, and for other purposes. nal Revenue Code of 1986 to reform tax- tionality Act to increase penalties for S. 571 ation of alcoholic beverages. individuals who illegally reenter the At the request of Mr. INHOFE, the S. 1659 United States after being removed and name of the Senator from New Mexico At the request of Mr. LEAHY, the for other purposes. (Mr. UDALL) was added as a cosponsor name of the Senator from Delaware S. 2196 of S. 571, a bill to amend the Pilot’s (Mr. CARPER) was added as a cosponsor At the request of Mr. CASEY, the Bill of Rights to facilitate appeals and of S. 1659, a bill to amend the Voting name of the Senator from Montana to apply to other certificates issued by Rights Act of 1965 to revise the criteria (Mr. TESTER) was added as a cosponsor the Federal Aviation Administration, for determining which States and polit- of S. 2196, a bill to amend title XVIII of to require the revision of the third ical subdivisions are subject to section the Social Security Act to provide for class medical certification regulations 4 of the Act, and for other purposes. the non-application of Medicare com- issued by the Federal Aviation Admin- S. 1697 petitive acquisition rates to complex istration, and for other purposes. rehabilitative wheelchairs and acces- At the request of Mr. GRASSLEY, the S. 578 names of the Senator from Wisconsin sories. At the request of Mr. SCHUMER, the S. 2336 name of the Senator from Maryland (Mr. JOHNSON), the Senator from New Hampshire (Ms. AYOTTE), the Senator At the request of Mr. COONS, the (Ms. MIKULSKI) was added as a cospon- name of the Senator from Oregon (Mr. sor of S. 578, a bill to amend title XVIII from Florida (Mr. RUBIO), the Senator from Georgia (Mr. ISAKSON), the Sen- MERKLEY) was added as a cosponsor of of the Social Security Act to ensure S. 2336, a bill to modernize laws, and more timely access to home health ator from Alaska (Ms. MURKOWSKI), the Senator from Kansas (Mr. ROBERTS), eliminate discrimination, with respect services for Medicare beneficiaries to people living with HIV/AIDS, and for under the Medicare program. the Senator from Louisiana (Mr. VIT- TER other purposes. S. 624 ) and the Senator from Ohio (Mr. S. 2337 At the request of Mr. BROWN, the PORTMAN) were added as cosponsors of S. 1697, a bill to provide an exception At the request of Mrs. FEINSTEIN, the name of the Senator from Washington names of the Senator from West Vir- (Mrs. MURRAY) was added as a cospon- from certain group health plan require- ginia (Mr. MANCHIN) and the Senator sor of S. 624, a bill to amend title XVIII ments to allow small businesses to use from Iowa (Mr. GRASSLEY) were added of the Social Security Act to waive co- pre-tax dollars to assist employees in as cosponsors of S. 2337, a bill to im- insurance under Medicare for the purchase of policies in the indi- prove homeland security by enhancing colorectal cancer screening tests, re- vidual health insurance market, and the requirements for participation in gardless of whether therapeutic inter- for other purposes. the Visa Waiver Program, and for other vention is required during the screen- S. 1890 purposes. ing. At the request of Mr. HATCH, the S. 2348 S. 706 names of the Senator from Mississippi At the request of Mr. HATCH, the At the request of Mrs. BOXER, the (Mr. WICKER) and the Senator from name of the Senator from Maryland name of the Senator from Hawaii (Mr. Maine (Ms. COLLINS) were added as co- (Mr. CARDIN) was added as a cosponsor SCHATZ) was added as a cosponsor of S. sponsors of S. 1890, a bill to amend 706, a bill to amend the Higher Edu- chapter 90 of title 18, United States of S. 2348, a bill to implement the use cation Act of 1965 to require institu- Code, to provide Federal jurisdiction of Rapid DNA instruments to inform tions of higher education to have an for the theft of trade secrets, and for decisions about pretrial release or de- independent advocate for campus sex- other purposes. tention and their conditions, to solve and prevent violent crimes and other ual assault prevention and response. S. 1915 crimes, to exonerate the innocent, to S. 727 At the request of Ms. AYOTTE, the prevent DNA analysis backlogs, and for At the request of Mr. KING, the name name of the Senator from Maryland other purposes. of the Senator from Minnesota (Mr. (Mr. CARDIN) was added as a cosponsor S. 2351 FRANKEN) was added as a cosponsor of of S. 1915, a bill to direct the Secretary At the request of Mr. ISAKSON, the S. 727, a bill to amend the Internal of Homeland Security to make anthrax names of the Senator from New York Revenue Code of 1986 to include bio- vaccines and antimicrobials available (Mr. SCHUMER) and the Senator from mass heating appliances for tax credits to emergency response providers, and Nevada (Mr. HELLER) were added as co- available for energy-efficient building for other purposes. property and energy property. sponsors of S. 2351, a bill to amend title S. 2067 S. 901 XVIII of the Social Security Act to ex- At the request of Mr. WICKER, the tend the annual comment period for At the request of Mr. MORAN, the name of the Senator from Delaware name of the Senator from Missouri payment rates under Medicare Advan- (Mr. COONS) was added as a cosponsor (Mrs. MCCASKILL) was added as a co- tage. of S. 2067, a bill to establish EUREKA sponsor of S. 901, a bill to establish in S. 2363 Prize Competitions to accelerate dis- the Department of Veterans Affairs a At the request of Mr. CRUZ, the name covery and development of disease- national center for research on the di- of the Senator from Alabama (Mr. modifying, preventive, or curative agnosis and treatment of health condi- SHELBY) was added as a cosponsor of S. treatments for Alzheimer’s disease and tions of the descendants of veterans ex- 2363, a bill to amend the Immigration related dementia, to encourage efforts posed to toxic substances during serv- and Nationality Act to permit the Gov- to enhance detection and diagnosis of ice in the Armed Forces that are re- ernor of a State to reject the resettle- such diseases, or to enhance the qual- lated to that exposure, to establish an ment of a refugee in that State unless advisory board on such health condi- ity and efficiency of care of individuals there is adequate assurance that the tions, and for other purposes. with such diseases. alien does not present a security risk S. 2186 S. 1455 and for other purposes. At the request of Mr. MARKEY, the At the request of Mr. COATS, his S. 2373 names of the Senator from Vermont name was added as a cosponsor of S. At the request of Ms. CANTWELL, the (Mr. LEAHY) and the Senator from 2186, a bill to provide the legal frame- name of the Senator from New York Vermont (Mr. SANDERS) were added as work necessary for the growth of inno- (Mrs. GILLIBRAND) was added as a co- cosponsors of S. 1455, a bill to provide vative private financing options for sponsor of S. 2373, a bill to amend title access to medication-assisted therapy, students to fund postsecondary edu- XVIII of the Social Security Act to and for other purposes. cation, and for other purposes. provide for Medicare coverage of cer- S. 1562 S. 2193 tain lymphedema compression treat- At the request of Mr. WYDEN, the At the request of Mr. CRUZ, the name ment items as items of durable medical name of the Senator from Washington of the Senator from Illinois (Mr. KIRK) equipment.

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.017 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8604 CONGRESSIONAL RECORD — SENATE December 10, 2015 S. 2377 Congress never had the chance to real- (42 U.S.C. 407) is amended by adding at the At the request of Mr. REID, the ly explore how this policy would affect end the following new subsection: names of the Senator from New Hamp- beneficiaries. The legislation ulti- ‘‘(d) Subparagraphs (A), (C), and (D) of sec- tion 3716(c)(3) of title 31, United States Code, shire (Mrs. SHAHEEN) and the Senator mately included some protections for as such subparagraphs were in effect on the from Maryland (Ms. MIKULSKI) were the most vulnerable, but even those date before the date of enactment of the Pro- added as cosponsors of S. 2377, a bill to protections have not been updated in 20 tection of Social Security Benefits Restora- defeat the Islamic State of Iraq and years. tion Act, shall be null and void and of no ef- Syria (ISIS) and protect and secure the We now realize what a profound ef- fect.’’. United States, and for other purposes. fect the loss of these protections has (2) CONFORMING AMENDMENTS.— f had on retirees and individuals with (A) Section 14(a) of the Railroad Retire- disabilities, who often live on fixed in- ment Act of 1974 (45 U.S.C. 231m(a)) is STATEMENTS ON INTRODUCED comes. More and more seniors and peo- amended by adding at the end the following: BILLS AND JOINT RESOLUTIONS ‘‘. The provisions of section 207(d) of the So- ple with disabilities are having their cial Security Act shall apply with respect to By Mr. WYDEN (for himself, Mr. Social Security and other lifeline bene- this title to the same extent as they apply in BROWN, Mr. WHITEHOUSE, Mrs. fits taken away to pay federal debts. the case of title II of such Act.’’. GILLIBRAND, Ms. KLOBUCHAR, For example, according to a September (B) Section 2(e) of the Railroad Unemploy- Mr. SANDERS, Ms. WARREN, and 2014 GAO report, the number of individ- ment Insurance Act (45 U.S.C. 352(e)) is Mr. MERKLEY): uals whose Social Security benefits amended by adding at the end the following: S. 2387. A bill to restore protections were offset to pay student loan debt in- ‘‘The provisions of section 207(d) of the So- for Social Security, Railroad retire- creased significantly between 2002 and cial Security Act shall apply with respect to this title to the same extent as they apply in ment, and Black Lung benefits from 2013, from about 31,000 to 155,000. For administrative offset; to the Com- the case of title II of such Act.’’ individuals 65 and older with student (b) REPEAL OF ADMINISTRATIVE OFFSET AU- mittee on Finance. loan-related Social Security garnish- THORITY.— Mr. WYDEN. Mr. President, every ments, the number grew from about (1) IN GENERAL.—Paragraph (3) of section day, Social Security provides vital ben- 6,000 to about 36,000 over the same pe- 3716(c) of title 31, United States Code, is efits to millions of Americans who riod. Congress should restore sanity to amended— worked and paid into the system. To the system, and reestablish the protec- (A) by striking ‘‘(3)(A)(i) Notwithstanding’’ ensure workers would receive full ac- and all that follows through ‘‘any overpay- tions that these beneficiaries deserve. ment under such program).’’; cess to these fundamental lifeline bene- That is why I, along with Senators fits, for many years, the law protected (B) by striking subparagraphs (C) and (D); BROWN, WHITEHOUSE, GILLIBRAND, KLO- and these earned benefits from attempts to BUCHAR, SANDERS and WARREN are in- (C) by redesignating subparagraph (B) as recover debts. However, 20 years ago, troducing the Protection of Social Se- paragraph (3). Congress suddenly reversed course, and curity Benefits Restoration Act. The (2) CONFORMING AMENDMENT.—Paragraph made a change to the law that allowed bill would restore the strong protec- (5) of such section is amended by striking the government to cut Social Security tions in the law that prevented the ‘‘the Commissioner of Social Security and’’. and other hard-earned benefit pay- (c) EFFECTIVE DATE.—The amendments government from taking away earned made by this section shall apply to any col- ments in order to collect student loan benefits to pay Federal debts, and and other Federal debts, like home lection by administrative offset occurring on guarantee beneficiaries will be able to or after the date of enactment of this Act of loans owed to the Veterans Adminis- maintain a basic standard of living by a claim arising before, on, or after the date tration, and food stamp overpayments. receiving the benefits they have of enactment of this Act. Now more than ever, the loss of these earned. The bill is supported by Social protections is creating a major hard- Security Works, The Strengthen Social By Ms. COLLINS (for herself and ship for American Citizens who rely on Security Coalition, AFL–CIO, Justice Ms. CANTWELL): Social Security and other earned bene- in Aging, Campaign for America’s Fu- S. 2389. A bill to amend title XVIII of fits to make ends meet. Student loan ture, Global Policy Solutions, Student the Social Security Act to extend the debt is becoming an increasingly seri- Debt Crisis, the National Organization rural add-on payment in the Medicare ous problem in in Oregon and across for Women, RootsAction.org, Project home health benefit, and for other pur- the nation, with students and their Springboard, The Alliance for a Just poses; to the Committee on Finance. families burdened by crushing student Society, the Economic Opportunity In- Ms. COLLINS. Mr. President, I rise loan debt. Even in the best cir- stitute, the Progressive Change Cam- today with my colleague from Wash- cumstances, many families will strug- paign Committee, The Arc of the ington, Senator CANTWELL, to intro- gle to pay off crippling loans for years United States, The Public Higher Edu- duce the Preserve Access to Medicare to come. However, for people who rely cation Network of Massachusetts, the Rural Home Health Services Act of on benefits like Social Security after American Federation of Government 2015. This legislation would extend the retirement, disability, or the death of a Employees, and the National Com- modest increase in payments for home family member, making payments on mittee to Preserve Social Security and health services in rural areas that oth- student loans or other federal debts Medicare. erwise will expire on January 1 of 2018. can become an insurmountable hard- Mr. President, I ask unanimous con- Home health has become an increas- ship. sent that the text of the bill be printed ingly important part of our health care Because of the lifeline nature of in the RECORD. system. The kinds of highly skilled— these earned benefits, for more than 40 There being no objection, the text of and often technically complex—serv- years the law prevented all creditors the bill was ordered to be printed in ices that our nation’s home health from collecting hard-earned Social Se- the RECORD, as follows: caregivers provide have enabled mil- lions of our most frail and vulnerable curity, Railroad Retirement, and Black S. 2387 Lung benefits to recoup debts. The older and disabled citizens to avoid Be it enacted by the Senate and House of Rep- only exceptions included unpaid Fed- resentatives of the United States of America in hospitals and nursing homes and stay eral taxes, child support or alimony Congress assembled, just where they want to be—in the payments, and court-ordered victim SECTION 1. SHORT TITLE. comfort, privacy, and security of their restitution. These protections helped This Act may be cited as the ‘‘Protection own homes. I have accompanied several ensure that our social safety net pro- of Social Security Benefits Restoration of Maine’s caring home health nurses grams were functioning as intended— Act’’. on their visits to patients and have something I think we can all agree is SEC. 2. PROTECTING SOCIAL SECURITY, RAIL- seen first hand the difference that they essential to preserving Social Security ROAD RETIREMENT, AND BLACK are making for patients and their fami- LUNG BENEFITS FROM ADMINISTRA- and other earned benefits. TIVE OFFSET. lies. Astonishingly, when the law changed (a) PROHIBITION ON ADMINISTRATIVE OFFSET Surveys have shown that the delivery as part of a 1996 omnibus budget bill, AUTHORITY.— of home health services in rural areas these changes were never fully debated (1) ASSIGNMENT UNDER SOCIAL SECURITY can be as much as 12 to 15 percent more in Congress. This means Members of ACT.—Section 207 of the Social Security Act costly because of the extra travel time

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.018 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8605 required to cover long distances be- rector James Comey called whistle- render it incapable of even minimal tween patients, higher transportation blowers ‘‘a critical element of a func- communications with whistleblowers expenses, and other factors. Because of tioning democracy.’’ to inform them of their case status. the longer travel times, rural care- That is what I have been saying for Clearly, we need to do better. givers are unable to make as many vis- years. Whistleblowers expose waste, I have worked with many FBI whis- its in a day as their urban counter- fraud, and abuse. They help keep Gov- tleblowers over the years who put ev- parts. For example, home health care ernment honest and make sure tax- erything on the line just to tell the agencies in Aroostook County in payer dollars are spent wisely. By truth. In exchange for their courage, Northern Maine, where I am from, pointing out problems, whistleblowers they faced delays of up to a decade in cover almost 6,700 square miles, with foster transparency and make it pos- adjudicating their cases, a deaf ear an average population of fewer than 11 sible for an organization to do better. from the highest levels of the Justice persons per square mile. These agen- Agencies should value their contribu- Department, and in many cases, no cies’ costs are understandably much tions. Instead, agencies often ignore protection at all. higher than other agencies located in whistleblower complaints or worse—re- Consider the case of Michael German. more urban areas due to the long dis- taliate against whistleblowers for Michael testified at our hearing in March this year where we examined tances the staff must drive to see cli- bringing wrongdoing to light. the effectiveness—or lack thereof—of ents. Moreover, the staff is not able to Across the Federal Government, the Justice Department’s FBI whistle- see as many patients due to time on whistleblowers are treated like skunks at a picnic, instead of the dedicated blower regulations. the road. Before he resigned from the FBI in public servants they are. Unfortu- Agencies serving rural areas are also 2004, Michael German was a decorated nately, the Federal Bureau of Inves- frequently smaller than their urban undercover special agent who success- tigation is no exception on that point. counterparts, which means that their fully risked his life to infiltrate white However, the FBI is the exception relative costs are higher. Smaller agen- supremacist and neo-Nazi hate groups cies with fewer patients and fewer vis- when it comes to legal protections for across the United States, some with its mean that fixed costs, particularly whistleblowers. ties to foreign terrorist groups. He dis- Unlike every other federal agency, those associated with meeting regu- covered that a portion of a meeting be- latory requirements, are spread over a the FBI is the only agency where em- tween two such groups had been ille- much smaller number of patients and ployees are not protected for reporting gally recorded by mistake. visits, increasing overall per-patient wrongdoing to their direct supervisors Rather than following the rules and and per-visit costs. or others within their chain-of-com- documenting the error, as he sug- Moreover, in many rural areas, home mand. This makes no sense. gested, a supervisor told him to ‘‘pre- health agencies are the primary care- Studies show the great majority of tend it didn’t happen.’’ But he refused givers for homebound beneficiaries whistleblowers first make disclosures to back down. He reported the wrong- with limited access to transportation. to their supervisors. The FBI’s own doing to his Assistant Special Agent in These rural patients often require more policy encourages reports to super- Charge. Then the FBI ‘‘froze him out time and care than their urban coun- visors within the chain-of-command. and made him a ‘pariah.’ ’’ terparts and are understandably more Nevertheless, an FBI employee who Because Special Agent German dis- expensive for agencies to serve. If the makes a disclosure of waste, fraud, or closed wrongdoing to his ASAC instead extra three per cent rural payment is abuse to their supervisor has no protec- of one of the nine specifically des- not extended, agencies may be forced tion under law if the supervisor retali- ignated entities in the Justice Depart- to decide not to accept rural patients ates. ment regulations, he was not pro- with greater care needs. That could It is no surprise, then, that a 2015 re- tected. His case was not even inves- translate into less access to health port by the Government Account- tigated ‘‘in earnest,’’ according to him, care for ill, homebound seniors. The re- ability Office found that, of the 54 until he resigned from the FBI and re- sult would likely be that these seniors closed FBI whistleblower complaints it ported the matter to Congress. would be hospitalized more frequently reviewed where documentation showed This is the tragedy of weak FBI whis- and would have to seek care in nursing the reason for closing the case, at least tleblower protections: If this bill had homes, adding considerable cost to the 17 cases were dismissed in part because been law when Michael German first system. an employee made a disclosure to blew the whistle, this country might Failure to extend the rural add-on someone in their chain-of-command or still have the benefit of this decorated payment would only put more pressure management. FBI Special Agent in our fight against on rural home health agencies that are Why is there this gaping hole in FBI terrorism. He is by far not the only FBI already operating on very narrow mar- whistleblower protections? Because, whistleblower sidelined and ostracized by the failures of current law and pol- gins and could force some of the agen- unlike every other federal law enforce- ment agency, the FBI is statutorily ex- icy. cies to close their doors altogether. If In today’s world, we cannot afford to any of these agencies were forced to empt from government-wide whistle- blower protection laws. As a result, it lose public servants like Michael Ger- close, the Medicare patients in that re- man. That is why today, with my co- gion could lose all of their access to lives under its own unique regulatory scheme conceived, created, and con- sponsor Senator LEAHY, I am intro- home care. ducing this hi-partisan legislation, the trolled entirely within the Department The legislation we are introducing FBI Whistleblower Protection En- of Justice. There is no independent re- today will extend the rural add-on for 5 hancement Act of 2015. years and help to ensure that Medicare view. Among other things, this bill will for patients in rural areas continue to This unique exemption for the FBI the first time provide legal protection have access to the home health serv- has led to outrageous delays in the ad- to FBI employees who report wrong- ices they need. Moreover, we would off- judication of FBI whistleblower com- doing to their supervisors, provide a set costs of the bill by reducing the plaints due to endless internal appeals more independent process for whistle- home health outlier fund by .25 percent and the low priority that FBI whistle- blowers who have suffered reprisal, and over the same 5 years. I urge our col- blower cases receive at the Justice De- increase oversight and transparency of leagues to join us as cosponsors. partment. the FBI whistleblower complaint proc- Currently, FBI whistleblower cases ess. By Mr. GRASSLEY (for himself are adjudicated by the Department’s This bill is a long time coming. I and Mr. LEAHY): Office of Attorney Recruitment and urge my colleagues to support it. S. 2390. A bill to provide adequate Management—an office whose very Mr. President, I ask unanimous con- protections for whistleblowers at the name clearly shows it was not designed sent that the text of the bill be printed Federal Bureau of Investigation; to the to address reprisal cases. Appeals are in the RECORD. Committee on the Judiciary. considered by the Deputy Attorney There being no objection, the text of Mr. GRASSLEY. Mr. President, in General’s office. That office has made the bill was ordered to be printed in his 2013 confirmation hearing, FBI Di- clear that it has other priorities that the RECORD, as follows:

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.044 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8606 CONGRESSIONAL RECORD — SENATE December 10, 2015 S. 2390 ‘‘(ii) other than with regard to remedying by the administrative law judge under this Be it enacted by the Senate and House of Rep- a violation of paragraph (1); paragraph. resentatives of the United States of America in ‘‘(B) testifying for or otherwise lawfully ‘‘(D) EFFECT OF DETERMINATION.—The de- Congress assembled, assisting any individual in the exercise of termination by an administrative law judge any right referred to in clause (i) or (ii) of under this paragraph shall become the deci- SECTION 1. SHORT TITLE. subparagraph (A); sion of the Department of Justice without This Act may be cited as the ‘‘Federal Bu- ‘‘(C) cooperating with or disclosing infor- further proceedings, unless there is an appeal reau of Investigation Whistleblower Protec- mation to the Inspector General of an agen- to, or review on motion of, the Attorney tion Enhancement Act of 2015’’. cy, or the Special Counsel, in accordance General within such time as the Attorney SEC. 2. FBI WHISTLEBLOWER PROTECTIONS. with applicable provisions of law; or General shall by rule establish. (a) IN GENERAL.—Section 2303 of title 5, ‘‘(D) refusing to obey an order that would ‘‘(5) REVIEW BY ATTORNEY GENERAL.— United States Code, is amended to read as require the individual to violate a law; or ‘‘(A) TIMEFRAME.— follows: ‘‘(3) implement or enforce any nondisclo- ‘‘(i) IN GENERAL.—Upon an appeal to, or re- ‘‘§ 2303. Prohibited personnel practices in the sure policy, form, or agreement, if such pol- view on motion of, the Attorney General Federal Bureau of Investigation icy, form, or agreement does not contain the under paragraph (4)(D), the Attorney Gen- statement described in section 2302(b)(13). eral, through reference to such categories of ‘‘(a) DEFINITIONS.—In this section— ‘‘(c) PROCEDURES.— cases, or other means, as the Attorney Gen- ‘‘(1) the term ‘administrative law judge’ ‘‘(1) FILING OF A COMPLAINT.—An employee eral determines appropriate, shall establish means an administrative law judge ap- in, or applicant for, a position in the Federal and announce publicly the date by which the pointed by the Attorney General under sec- Bureau of Investigation may seek review of a Attorney General intends to complete action tion 3105 or used by the Attorney General personnel action alleged to be in violation of on the matter, which shall ensure expedi- under section 3344; subsection (b) by filing a complaint with the tious consideration of the appeal or review, ‘‘(2) the term ‘Inspector General’ means Office of the Inspector General. consistent with the interests of fairness and the Inspector General of the Department of ‘‘(2) INVESTIGATION.— other priorities of the Attorney General. Justice; ‘‘(A) IN GENERAL.—The Inspector General ‘‘(ii) FAILURE TO MEET DEADLINE.—If the ‘‘(3) the term ‘personnel action’ means any shall investigate any complaint alleging a Attorney General fails to complete action on action described in section 2302(a)(2)(A) with personnel action in violation of subsection an appeal or review by the announced date, respect to an employee in, or applicant for, a (b), consistent with the procedures and re- and the expected delay will exceed 30 days, position in the Federal Bureau of Investiga- quirements described in section 1214. the Attorney General shall publicly an- tion (other than a position of a confidential, ‘‘(B) DETERMINATION.—The Inspector Gen- nounce the new date by which the Attorney policy-determining, policymaking, or policy- eral— General intends to complete action on the advocating character); ‘‘(i) shall issue a decision containing the appeal or review. ‘‘(4) the term ‘prohibited personnel prac- findings of the Inspector General supporting ‘‘(B) DETERMINATION.—The Attorney Gen- tice’ means a prohibited personnel practice the determination of the Inspector General; eral shall issue a written decision explaining described in subsection (b); and and the grounds for the determination by the At- ‘‘(5) the term ‘protected disclosure’ means ‘‘(ii) if the Inspector General determines torney General in an appeal or review under any disclosure of information by an em- that reasonable grounds exist to believe that paragraph (4)(D). ployee in, or applicant for, a position in the a personnel action occurred, exists, or is to ‘‘(6) PUBLICATION OF DETERMINATIONS.— Federal Bureau of Investigation— be taken, in violation of subsection (b), the ‘‘(A) PUBLIC AVAILABILITY.—Except as pro- ‘‘(A) made— Inspector General shall request from an ad- vided in subparagraph (B), the Attorney Gen- ‘‘(i) for an employee, to a supervisor in the ministrative law judge, and the administra- eral shall make written decisions issued by direct chain of command of the employee, up tive law judge, without further proceedings, administrative law judges under paragraph to and including the head of the employing shall issue, a preliminary order staying the (4)(C) and written decisions issued by the At- agency; personnel action. torney General under paragraph (5)(B) pub- ‘‘(ii) to the Inspector General; ‘‘(3) FILING OF OBJECTIONS.— licly available. ‘‘(iii) to the Office of Professional Respon- ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(B) RULE OF CONSTRUCTION.—Nothing in sibility of the Department of Justice; after the Inspector General issues a decision subparagraph (A) shall be construed to limit ‘‘(iv) to the Office of Professional Respon- under paragraph (2)(B)(i), either party may the authority of an administrative law judge sibility of the Federal Bureau of Investiga- file objections to the decision and request a or the Attorney General to limit the public tion; hearing on the record. disclosure of information under law or regu- ‘‘(v) to the Inspection Division of the Fed- ‘‘(B) NO EFFECT ON STAY.—The filing of ob- lations. eral Bureau of Investigation; jections under subparagraph (A) shall not af- ‘‘(7) JUDICIAL REVIEW.—Any determination ‘‘(vi) to a Member of Congress; fect the stay of a personnel action under a by an administrative law judge or the Attor- ‘‘(vii) to the Office of Special Counsel; or preliminary order issued under paragraph ney General under this subsection shall be ‘‘(viii) to an employee designated by any (2)(B)(ii). subject to judicial review under chapter 7. A officer, employee, office, or division de- ‘‘(C) NO OBJECTIONS FILED.—If no party has petition for judicial review of such a deter- scribed in clauses (i) through (vii) for the filed objections as of the date that is 61 days mination shall be filed in the United States purpose of receiving such disclosures; and after the date the Inspector General issues a Court of Appeals for the Federal Circuit or ‘‘(B) which the employee or applicant rea- decision— any court of appeals of competent jurisdic- sonably believes evidences— ‘‘(i) the decision is final and not subject to tion. ‘‘(i) any violation of any law, rule, or regu- further review; and ‘‘(d) REGULATIONS.—The Attorney General lation; or ‘‘(ii) if the Inspector General had deter- shall prescribe regulations to carry out sub- ‘‘(ii) gross mismanagement, a gross waste mined that reasonable grounds exist to be- section (c) that— of funds, an abuse of authority, or a substan- lieve that a personnel action occurred, ex- ‘‘(1) ensure that prohibited personnel prac- tial and specific danger to public health or ists, or is to be taken, in violation of sub- tices shall not be taken against an employee safety. section (b)— in, or applicant for, a position in the Federal ‘‘(b) PROHIBITED PRACTICES.—Any em- ‘‘(I) an administrative law judge, without Bureau of Investigation; and ployee of the Federal Bureau of Investiga- further proceedings, shall issue an order per- ‘‘(2) provide for the administration and en- tion or another component of the Depart- manently staying the personnel action; and forcement of subsection (c) in a manner con- ment of Justice who has authority to take, ‘‘(II) upon motion by the employee, and sistent with applicable provisions of sections direct others to take, recommend, or approve after an opportunity for a hearing, an admin- 1214 and 1221 and in accordance with the pro- any personnel action, shall not, with respect istrative law judge may issue an order that cedures under subchapter II of chapter 5 and to such authority— provides for corrective action as described chapter 7. ‘‘(1) take or fail to take, or threaten to under section 1221(g). ‘‘(e) REPORTING.—Not later than March 1 of take or fail to take, a personnel action with ‘‘(4) REVIEW BY ADMINISTRATIVE LAW each year, the Attorney General shall make respect to an employee in, or applicant for, a JUDGE.— publically available a report containing— position in the Federal Bureau of Investiga- ‘‘(A) IN GENERAL.—If objections are filed ‘‘(1) the number and nature of allegations tion because of a protected disclosure; under paragraph (3)(A), an administrative of a prohibited personnel practice received ‘‘(2) take or fail to take, or threaten to law judge shall review the decision by the In- during the previous year; take or fail to take, any personnel action spector General on the record after oppor- ‘‘(2) the disposition of each allegation of a against an employee in, or applicant for, a tunity for agency hearing. prohibited personnel practice resolved dur- position in the Federal Bureau of Investiga- ‘‘(B) CORRECTIVE ACTION.—An administra- ing the previous year; tion because of— tive law judge may issue an order providing ‘‘(3) the number of unresolved allegations ‘‘(A) the exercise of any appeal, complaint, for corrective action as described under sec- of a prohibited personnel practice pending as or grievance right granted by any law, rule, tion 1221(g). of the end of the previous year and, for each or regulation— ‘‘(C) DETERMINATION.—An administrative such unresolved allegation, how long the al- ‘‘(i) with regard to remedying a violation law judge shall issue a written decision ex- legation had been pending as of the end of of paragraph (1); or plaining the grounds for the determination the previous year;

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.024 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8607 ‘‘(4) the number of disciplinary investiga- contested cases can take years. One is over, and that is that the vast major- tions and actions taken with respect to each former employee, Michael German, tes- ity of the scientists who have studied allegation of a prohibited personnel practice tified in detail about how he was forced the issues are quite clear. What they during the previous year; to end his distinguished career at the tell us over and over again is that cli- ‘‘(5) the number of instances during the previous year in which the Inspector General FBI after he disclosed to Congress seri- mate change is real, climate change is found a reasonable basis that a prohibited ous deficiencies in the agency’s han- caused by human activity, and climate personnel practice had occurred that were dling of counterterrorism investiga- change is already causing devastating appealed by the Federal Bureau of Investiga- tions. He chose to do this after making problems throughout our country and, tion; and a protected whistleblower disclosure at in fact, throughout the world. ‘‘(6) the number of allegations of a prohib- the FBI that went nowhere while the What the scientists also tell us is ited personnel practice resolved through set- retaliation continued. that we have a relatively short window tlement, including the number that were re- The concerns expressed at the hear- of opportunity to bring about the fun- solved as a result of mediation. ‘‘(f) RULE OF CONSTRUCTION.—Nothing in ing echo concerns that were identified damental changes we need in our glob- this section shall be construed to limit the in two recent reports on the FBI whis- al energy system to transform our en- jurisdiction of any office under any other tleblower framework, one by the De- ergy system from fossil fuel to energy provision of law to conduct an investigation partment of Justice and the other by efficiency and sustainable energy. We to determine whether a prohibited personnel Government Accountability Office. have a limited window of opportunity. practice has been or will be taken.’’. Clearly the status quo is unacceptable. What the scientists are telling us very (b) GAO REPORT.— Congress should extend to FBI whistle- clearly is if we do not seize that oppor- (1) DEFINITION.—In this subsection, the term ‘‘prohibited personnel practice’’ means blowers the same level of protection tunity, if we do not lead the world— a prohibited personnel practice described in that is afforded other Federal employ- working with China, Russia, India and section 2303(b) of title 5, United States Code, ees who speak out about waste, fraud, other countries—in transforming the as added by subsection (a). or abuse. That is what Senator GRASS- global energy system, the planet we (2) REPORT.—Not later than 4 years after LEY and I seek to do today with this leave to our children and our grand- the date of enactment of this Act, the Comp- bill. children will be significantly less hab- troller General of the United States shall Our legislation closely tracks the itable than the planet we enjoy. submit to Congress a report on the effects of protections contained in the Whistle- My nightmare is that 20, 30, 40 years the amendment made by subsection (a), which shall include— blower Protection Act. Importantly, from now our kids and our grand- (A) an evaluation of the timeliness of reso- we extend whistleblower protections to children will look Members of the Sen- lution of allegations of a prohibited per- FBI employees who blow the whistle to ate and the House in the eye, and they sonnel practice; supervisors in their chain of command. will say: The scientists told you what (B) an analysis of the corrective action This common sense fix is crucial to would happen and you did nothing. provided in instances of a prohibited per- protect those employees who dare to Why did you not react? How hard was sonnel practice; speak up and report concerns to their it to stand up to the fossil fuel indus- (C) the number and type of disciplinary ac- superiors. The bill also provides clear try and transform our energy system tions taken in instances of a prohibited per- sonnel practice; guidance on the investigation and adju- away from coal and oil into energy effi- (D) an evaluation of the communication by dication of retaliation claims. Inves- ciency and wind, solar, geothermal, the Inspector General of the Department of tigations will now be handled solely by and other sustainable energies? Justice with an individual alleging a prohib- the Office of Inspector General, rather Pope Francis recently made what I ited personnel practice regarding the inves- than sharing this responsibility with thought to be a very profound state- tigation and resolution of the allegation; the Office of Professional Responsi- ment. He said that our planet is on a (E) an assessment of the mediation process bility. This will provide much needed suicidal direction—a suicidal direc- of the Department of Justice; and clarity and consistency in the process. tion—in terms of climate change. What (F) a discussion of how the use of adminis- a frightening and horrible thought. trative law judges and review under chapters Contested cases will now be adju- 5 and 7 of title 5, United States Code, af- dicated by Administrative Law Judges How irresponsible can we be to ignore fected the process of investigating and re- instead of by the Office of Attorney Re- what the entire scientific community solving allegations of a prohibited personnel cruitment and Management. Under this is saying? practice. new process the Administrative Proce- I know there are many of my col- Mr. LEAHY. Mr. President, whistle- dures Act will apply, ensuring a hear- leagues who refuse to acknowledge the blowers serve an essential role in pro- ing on the record and strong procedural reality. As perhaps the most progres- viding transparency and accountability protections for all parties. sive Member of the U.S. Senate let me in the Federal Government. It is im- This bipartisan bill will help to en- simply say this: I have differences with portant that all government employees sure that FBI employees are able to my Republican colleagues on virtually are provided with strong and effective blow the whistle on waste, fraud, or every issue. That goes without saying, avenues to come forward with evidence abuse at the FBI and not face personal but there is something very different of government abuse and misuse. To repercussions for doing so. I urge the about this issue. I have been in hear- ensure that whistleblowers feel com- Senate to act quickly to take up and ings with my Republican colleagues fortable speaking up when they dis- pass this important bipartisan legisla- where I heard doctors and scientists cover wrongdoing, it is also imperative tion. talk about cancer, about Alzheimer’s, that they are afforded protections from about diabetes, about all kinds of ill- retaliation. That is why Senator By Mr. SANDERS (for himself, nesses, and I may disagree with my Re- GRASSLEY and I are joining together to Mr. MARKEY, and Mr. publican colleagues about how we go introduce the Federal Bureau of Inves- MERKLEY): forward, how much we should fund tigation, ‘‘FBI’’, Whistleblower Protec- S. 2391. A bill to amend the Internal NIH, but I have never heard my Repub- tion Enhancements Act of 2015. Revenue Code of 1986 to permanently lican colleagues attack doctors or re- Current FBI policies do not go far extend certain energy tax provisions; searchers or scientists for their views enough to protect whistleblowers. In to the Committee on Finance. on cancer research or Alzheimer’s re- March, the Judiciary Committee held a Mr. SANDERS. Mr. President, one of search. As I do, they respect that re- hearing that highlighted a number of the great moral issues of our time is search. But somehow or another, when serious problems facing whistleblowers the global crisis of climate change. Let it comes to the issue of climate change, at the FBI. We received testimony me be very clear about climate change. at best what we are seeing Republicans about the lack of protections for em- Climate change is not a Democratic do—many Republicans, most Repub- ployees who report waste, fraud, or issue or a progressive issue. It is not a licans—is ignore the issue or claim abuse to their direct supervisors. We Republican issue or a conservative they are not scientists or, at worst, at- also heard instances of the FBI failing issue. What it is, is an issue that has tack those scientists who are doing the to comply with regulatory require- everything to do with physics. It is an research. ments when conducting retaliation in- issue of physics. What we know beyond Why is that? Why is it that my Re- vestigations, and that adjudication of a shadow of a doubt is that the debate publican colleagues accept the research

VerDate Sep 11 2014 02:50 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.024 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8608 CONGRESSIONAL RECORD — SENATE December 10, 2015 on cancer, on Alzheimer’s, on all kinds sponse to a perceived existential threat These numbers are great and speak of illnesses, and they respect scientists to its business model. In other words, for themselves, but acting on climate who are working in all kinds of areas. the scientists at ExxonMobil, who are change is also a moral obligation. But somehow or another when it comes scientists, discovered the truth, and While we will all suffer—all over our to the issue of climate change, my Re- upon hearing the truth, ExxonMobil country and all over the world—the im- publican friends are in denial? What I poured millions of dollars into organi- pacts of climate change, the sad truth will say is that this has nothing to do zations whose main function was to is that climate impacts fall especially with science, and it has sadly and trag- deny the reality of climate change. hard upon the most vulnerable people ically everything to do with our cor- The efforts to transform our energy in our society. Minority and low-in- rupt campaign finance laws, which system are taking place not only here come communities in the United allow large corporations and billion- in Washington, the Nation’s Capital, States are disproportionately impacted aires to contribute as much money as but at the State and local level as well. by the causes of climate change. Ac- they want into the political process. In In States such as Arizona and Florida, cording to a 2012 study by the National my view, the reality is that any Repub- roadblocks are being put up to stop Association for the Advancement of lican—and I happen to believe that people from gaining access to renew- Colored People, the NAACP, the nearly many Republicans understand the able energy sources such as wind and 6 million people in the United States truth about climate change. But I also especially rooftop solar. In States such who live within 3 miles of a coal-burn- believe that any Republican who stood as Arizona and Florida and many of ing powerplant have an average per up and said ‘‘You know what, I just our Southern States with huge solar capita annual income of just over talked to some scientists’’ or ‘‘I just exposure, there is huge potential for $18,000 a year. Among the people who read some of the literature, and this solar. Yet we are now seeing politi- live within 3 miles of a coal power- climate change is real, it is dangerous, cians, at the behest of the fossil fuel in- plant, 39 percent are people of color, and we have to do something about dustry, put up roadblock after road- while people of color compromise only it’’—I believe that on that day when block to make it harder for people to 36 percent of the total population of that Republican stands up, the money move to solar or wind. the United States. will stop flowing from the fossil fuel I have heard a lot of the arguments The bottom line is that when we talk industry, from the Koch brothers, and from the fossil fuel industry as to why about climate change and its impact there will be a strong likelihood that we should not transform our energy upon our planet and all the people, we Republican would be primaried in the system, and many of those arguments should bear in mind that this is hap- next election. are repeated here on the floor by some pening not only in the United States According to the Center for Respon- of my colleagues. But the truth is that but all over the world. The people who sive Politics, at the national level it turns out that transforming our en- will suffer the most are low-income where companies have to report what ergy system away from fossil fuel and people and people living in poverty. they spend on lobbying and campaign into energy efficiency and sustainable I am introducing legislation called contributions, the oil companies, coal energy will create a significant number the American Clean Energy Investment companies, and electric utilities have of new and decent-paying jobs, and it Act of 2015. This legislation is built spent a staggering $2.2 billion in Fed- will lower energy bills in communities upon the fact that the prices for wind eral lobbying since 2009 and another all across this country. and solar power have plummeted over $330 million in Federal campaign con- My own State of Vermont partici- the last decade, cutting carbon pollu- tributions. That is just at the Federal pates in a regional greenhouse gas ini- tion and creating tens of thousands of level—over $2.5 billion in lobbying and tiative cap-and-trade program for the new jobs in the process. Meanwhile, the campaign contributions in just 6 years. power sector. Since 2009, the program fossil fuel industry benefits from per- Even in Washington, DC, that is a lot has created over 14,000 net jobs, and manent subsidies worth tens of billions of money, and that is just the money carbon pollution levels dropped by 15 of dollars each year. Incentives for re- that we know about. percent at the same time consumers, newable energy and energy efficiency That is not all of it. That is not the businesses, and other energy users saw are temporary and are too often al- end of it. As a result of the disastrous their electricity and heating bills go lowed to elapse entirely. Citizens United Supreme Court deci- down by $459 million. The majority of My legislation permanently extends sion, which allowed corporations and those savings came from energy effi- and makes refundable some of our most billionaires to spend unlimited sums of ciency. All the while, jobs were cre- important renewable energy tax credits money, we know that the Koch broth- ated, not exported, and we relied on for energy efficiency and sustainable ers, who make most of their money in clean domestic energy instead of oil energy, including sources such as solar, the fossil fuel industry, and a handful from the Middle East. wind, and geothermal. Permanently ex- of their friends will be spending some Energy efficiency clearly makes an tending these incentives will drive over $900 million—$900 million—from one enormous amount of sense. It is clearly $500 billion in clean energy invest- family and a few of their friends in the the low-hanging fruit as we transform ments between now and 2030 and are an 2016 election cycle. Clearly, one of the our energy system. integral part of putting us on a path- reasons they are investing so much in I have been in homes in Vermont way to more than doubling the size of this election cycle is that they intend that have been effectively weatherized, our clean energy workforce to 10 mil- to continue doing everything they can and they are seeing heating bills drop lion American workers. The costs for to make sure Congress does not go for- by 50 percent. People in those homes these incentives are completely offset ward to protect our kids and our grand- are living in more comfort, and jobs by repealing the special interest cor- children against the ravages of climate are being created by those people who porate welfare in the Tax Code for the change. install the insulation and other energy- fossil fuel industries. According to an 8-month investiga- efficient tools, not to mention all of If we are going to be serious about tion by journalists at Inside Climate the folks who are manufacturing the dealing with the threat of climate News, Exxon—now ExxonMobil—may insulation, windows, and efficient roof- change, we need to end the polluter have conducted extensive research on ing. welfare that subsidizes increased pollu- climate change as early as 1977, leading According to the American Council tion from fossil fuels and instead invest top Exxon scientists to conclude both for an Energy-Efficient Economy, en- those resources in clean energy solu- that climate change is real and that it ergy efficiency provides a larger return tions that reduce pollution. Doing this was caused, in part, by the carbon pol- on investment than any individual en- will save lives, protect our economy, lution resulting from the use of ergy source because for every $1 in- and reduce the threats from climate Exxon’s petroleum-based products. In vested in energy efficiency, we see $4 in change at the same time we are cre- addition, the purported internal busi- total benefits for all consumers. For ating millions of good-paying jobs here ness memoranda accompanying the re- every $1 billion invested in efficiency in the United States. porting asserted that Exxon’s climate upgrades, we see a creation of 19,000 di- Our legislation is supported by the science program was launched in re- rect and indirect jobs. Solar Energy Industries Association,

VerDate Sep 11 2014 03:19 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.031 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8609 the American Wind Energy Associa- This legislation sets a price on car- er, sea levels are rising, and commu- tion, 350.org, and cosponsored by Sen- bon pollution for fossil fuel producers nities all over the world that are on ators MERKLEY and MARKEY. or importers. Proceeds from the carbon seacoasts are being threatened. The We have a national responsibility to pollution fee are returned to the bot- ocean is being acidified to an unprece- protect the livelihoods of the working tom 80 percent of households making dented level, which has huge impacts families and communities who help less than $100,000 a year to offset them in so many areas, including the ability power and build this country. We must for any increase they might experience of people to fish and gain nutrients act now to reenergize our manufac- in increased energy costs as a result of from the ocean. turing base, bolster our clean energy this transition. For an average family We are looking at unprecedented lev- economy, and protect the livelihoods of of four, this will amount to a rebate of els of heat waves in India, Pakistan, energy workers and the communities roughly $900 in 2017 and will grow to an and Europe that have killed thousands they support. annual rebate of $1,900 in 2030. It would of people. We are looking at forest fires As a result of these concerns, this only apply upstream, meaning at the on the west coast of that country that bill provides up to 3 years of unemploy- oil refinery, coal mine, natural gas are unprecedented in terms of their du- ment insurance, health care, and pen- processing plant, or point of importa- ration and their ferocity. sions for workers who lose their jobs tion. It would apply to fewer than 3,000 So we have to make a decision about due to our transition to a clean energy of the largest fossil fuel polluters in whether we stand with our children and economy. In other words, we under- our grandchildren or whether we stand this country. stand—as was very much the case with EPA’s existing authority to regulate with campaign contributors from the our moving away from tobacco farming carbon pollution, sources from power- fossil fuel industry. in this country—that the people who Climate change is real. Climate plants, vehicles, and other sources is do the work in coal, oil, and other fos- change is caused by human activity. reaffirmed, and if the United States is sil fuels are not to blame for the fact Climate change is already causing dev- not on track to meet its emissions re- that the product they produce is caus- astating damage on this planet. Our duction targets, the EPA shall issue ing so many problems in our country. job is now to stand with our children, new regulations to ensure that it does. Our job is to protect and transition to stand with our grandchildren, and to Importantly, based on lessons them to other decent-paying jobs, and make certain that they have a planet learned from the cap-and-trade law in the government has a responsibility to that is healthy and that is habitable. California, a Federal interagency coun- help with that transition. That is what the legislation I am intro- cil will oversee the creation and dis- Based on what the scientists are tell- ducing will do. ing us, we need to make very signifi- tribution of a climate justice resiliency cant cuts in carbon pollution emissions fund block grant program to States, By Mr. REID (for himself, Mr. and we need to do it as soon as pos- territories, tribes, municipalities, FRANKEN, Mr. TESTER, Mr. sible. It is absolutely vital that we do counties, localities, and nonprofit com- LEAHY, Mr. BOOKER, Ms. BALD- what many economists tell us we must munity organizations. The council will WIN, and Mr. SCHUMER): do, and that is to put a price on carbon. provide $20 billion annually for these S. 2397. A bill to amend the Child It is the simplest and most direct way grants in communities that are vulner- Abuse Prevention and Treatment Act to make the kinds of cuts in carbon able to the impacts of climate change to authorize the Secretary of Health pollution that we have to make if we for important programs they are run- and Human Services to make grants to are going to successfully transition ning. States that extend or eliminate unex- from fossil fuel to energy efficiency This legislation strengthens our pired statutes of limitation applicable and sustainable energy. That is why manufacturing sector through a border to laws involving child sexual abuse; to within the Climate Protection and Jus- tariff adjustment mechanism which the Committee on Health, Education, tice Act that I am introducing, there shields energy-intensive, trade-exposed Labor, and Pensions. will be a tax on carbon. Directly pric- industries such as steel, aluminum, Mr. REID. Mr. President, I ask unan- ing carbon is a key part of the solution glass, pulp and paper, from unfair imous consent that the text of the bill of transforming our energy system. international trade policies. The mon- be printed in the RECORD. Many experts support a fee on carbon ies raised by the green tariff are used There being no objection, the text of pollution emissions, including liberal, to help improve industrial energy effi- the bill was ordered to be printed in moderates, and even prominent con- ciency. the RECORD, as follows: servatives such as George Shultz, Farmers receive dedicated funding S. 2397 Nobel laureate economist Gary Becker, through the USDA’s Rural Energy for Be it enacted by the Senate and House of Rep- Mitt Romney’s former adviser Gregory America Program to improve on farm resentatives of the United States of America in Mankiw, former Reagan adviser Art energy efficiency and to adopt onsite Congress assembled, renewable energy. The bill includes in- SECTION 1. CHILD ABUSE PREVENTION AND Laffer, former Republican Bob Inglis, TREATMENT. and many others. The idea of a price on centives for farmers to adopt no-till (a) IN GENERAL.—The Child Abuse Preven- carbon is not just a progressive con- practices and creates an incentive pro- tion and Treatment Act (42 U.S.C. 5101 et cept, it is one that is being supported gram to encourage the adoption of sus- seq.) is amended by adding at the end the fol- by economists throughout the political tainable fertilizer application prac- lowing: spectrum. tices. ‘‘TITLE III—GRANTS FOR THE The Nation’s leading corporations, Finally, the bill includes Federal PREVENTION OF CHILD SEXUAL ABUSE including the Nation’s five biggest oil electricity market reforms that reduce ‘‘SEC. 301. FINDINGS. giants, are already planning their fu- pollution, increase efficiency, and re- ‘‘Congress finds that— ture budgets with the assumptions that duce costs by ensuring equitable grid ‘‘(1) child sexual abuse is a pernicious there will be a cost applied to carbon access for demand response programs. crime perpetrated through threats of vio- emissions. In other words, some of the At the end of the day, the Congress of lence, intimidation, manipulation, and abuse of power; very companies that have strongly op- the United States is going to have to ‘‘(2) due to the subversive nature of this posed action to address climate change make some very important and funda- crime, the average age of disclosure of inces- are recognizing the reality in front of mental decisions, and the most impor- tuous child sexual abuse does not occur until them, and that is that the United tant is whether we believe in science. a victim is over 25 years old; States is going to—hopefully sooner We can have many disagreements on ‘‘(3) because many State statutes of limita- rather than later—address the crisis of many issues, but we should not have a tions applicable to laws involving child sex- climate change and that there will be a disagreement about whether we base ual abuse fail to give victims adequate time tax on carbon. This tax works by set- public policy on science rather than to come forward and report their abuse, nu- merous victims are unable to seek fair and ting enforceable pollution-reduction campaign contributions. That really is just remediation against their abusers; and targets for each decade, including a 40- the issue we are dealing with right ‘‘(4) due to the especially heinous nature of percent reduction below 1990 levels by now. child sexual abuse, it is imperative that per- 2030 and a more than 80-percent reduc- We are in a critical moment in world petrators of this crime are punished, pre- tion level by 2050. history. Our planet is becoming warm- vented from reoffending, and victims have

VerDate Sep 11 2014 03:19 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.032 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8610 CONGRESSIONAL RECORD — SENATE December 10, 2015 the opportunity to see their abusers brought AMENDMENTS SUBMITTED AND (1) IN GENERAL.—Nothing in this Act shall to justice. PROPOSED be construed to limit or otherwise affect the ‘‘SEC. 302. DEFINITIONS. authority of the Secretary of Health and ‘‘In this title— SA 2922. Mr. MCCONNELL proposed an Human Services to regulate, issue guidance, ‘‘(1) the term ‘eligible State’ means a State amendment to the bill H.R. 2250, making ap- or take action regarding the manufacture, or Indian tribe that, not later than Sep- propriations for the Legislative Branch for marketing, sale, distribution, importation, tember 30 of the preceding fiscal year does the fiscal year ending September 30, 2016, and or packaging, including child-resistant pack- not have any statute of limitations applica- for other purposes. aging, of nicotine, liquid nicotine, liquid nic- ble to laws involving child sexual abuse; and SA 2923. Mr. MCCONNELL proposed an otine containers, electronic cigarettes, elec- ‘‘(2) the term ‘Indian tribe’ means a tribe amendment to the bill H.R. 2250, supra. tronic nicotine delivery systems or other identified in the list published by the Sec- SA 2924. Mr. MCCONNELL (for Mr. NELSON similar products that contain or dispense liq- retary of the Interior in the Federal Register (for himself and Ms. AYOTTE)) proposed an uid nicotine, or any other nicotine-related pursuant to section 104 of the Federally Rec- amendment to the bill S. 142, to require spe- products, including— ognized Indian Tribe List Act of 1994 (25 cial packaging for liquid nicotine containers, (A) authority under the Federal Food, U.S.C. 479a–1). and for other purposes. Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) SA 2925. Mr. MCCONNELL (for Mr. NELSON and the Family Smoking Prevention and To- ‘‘SEC. 303. GRANT PROGRAM. (for himself and Ms. AYOTTE)) proposed an ‘‘The Secretary, in consultation with the bacco Control Act (Public Law 111–31) and amendment to the bill S. 142, supra. the amendments made by such Act; and Attorney General, is authorized to make SA 2926. Mr. MCCONNELL (for Mr. (B) authority for the rulemaking entitled grants to eligible States for the purpose of FRANKEN (for himself and Mr. CORNYN)) pro- ‘‘Deeming Tobacco Products to Be Subject to assisting eligible States in developing, estab- posed an amendment to the bill S. 993, to in- the Federal Food, Drug, and Cosmetic Act, lishing, and operating programs designed to crease public safety by facilitating collabo- as Amended by the Family Smoking Preven- improve— ration among the criminal justice, juvenile tion and Tobacco Control Act; regulations on ‘‘(1) the assessment and investigation of justice, veterans treatment services, mental the Sale and Distribution of Tobacco Prod- suspected child sexual abuse cases, in a man- health treatment, and substance abuse sys- ucts and the Required Warning Statements ner that limits additional trauma to the tems. for Tobacco Products’’ (April 2014) (FDA– child and the family of the child; 2014–N–0189), the rulemaking entitled ‘‘Nico- ‘‘(2) the investigation and prosecution of f tine Exposure Warnings and Child-Resistant cases of child sexual abuse; and TEXT OF AMENDMENTS Packaging for Liquid Nicotine, Nicotine- ‘‘(3) the assessment and investigation of Containing E-Liquid(s), and Other Tobacco cases involving children with disabilities or SA 2922. Mr. MCCONNELL proposed Products’’ (June 2015) (FDA–2015–N–1514), and serious health-related problems who are sus- an amendment to the bill H.R. 2250, subsequent actions by the Secretary regard- pected victims of child sexual abuse. making appropriations for the Legisla- ing packaging of liquid nicotine containers. ‘‘SEC. 304. AUTHORIZATION OF APPROPRIATIONS. tive Branch for the fiscal year ending (2) CONSULTATION.—If the Secretary of ‘‘There is authorized to be appropriated to September 30, 2016, and for other pur- Health and Human Services adopts, main- carry out this title $40,000,000 for each of fis- poses; as follows: tains, enforces, or imposes or continues in ef- cal years 2016 through 2025.’’. fect any packaging requirement for liquid (b) EFFECTIVE DATE.—The amendments Strike all after the enacting clause and in- sert the following: nicotine containers, including a child-resist- made by subsection (a) shall apply to any ant packaging requirement, the Secretary violation of a law involving child sexual That the Continuing Appropriations Act, 2016 (Public Law 114-53) is amended by strik- shall consult with the Commission, taking abuse committed before the date of the en- into consideration the expertise of the Com- actment of this Act if the statute of limita- ing the date specified in section 106(3) and in- serting ‘‘December 16, 2015’’. mission in implementing and enforcing this tions applicable to that law had not run as of Act and the Poison Prevention Packaging the date of enactment of this Act. This Act may be cited as the ‘‘Further Continuing Appropriations Act, 2016’’. Act of 1970 (15 U.S.C. 1471 et seq.). f (c) APPLICABILITY.—Notwithstanding sec- tion 3(a)(5) of the Consumer Product Safety SUBMITTED RESOLUTIONS SA 2923. Mr. MCCONNELL proposed Act (15 U.S.C. 2052(a)(5)) and section 2(f)(2) of an amendment to the bill H.R. 2250, the Federal Hazardous Substances Act (15 making appropriations for the Legisla- U.S.C. 1261(f)(2)), the requirement of sub- SENATE RESOLUTION 333—TO DI- tive Branch for the fiscal year ending section (a) shall be treated as a standard for RECT THE SENATE LEGAL COUN- September 30, 2016, and for other pur- the special packaging of a household sub- SEL TO APPEAR AS AMICUS CU- poses; as follows: stance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 RIAE IN THE NAME OF THE SEN- To amend the title to read: ATE IN BANK MARKAZI, THE U.S.C. 1472(a)). ‘‘Further Continuing Appropriations Act, (d) DEFINITIONS.—In this section: CENTRAL BANK OF IRAN V. 2016’’. (1) COMMISSION.—The term ‘‘Commission’’ DEBORAH D. PETERSON, ET AL. means the Consumer Product Safety Com- (S. CT.) SA 2924. Mr. MCCONNELL (for Mr. mission. Mr. MCCONNELL (for himself and NELSON (for himself and Ms. AYOTTE)) (2) LIQUID NICOTINE CONTAINER.— Mr. REID of Nevada) submitted the fol- proposed an amendment to the bill S. (A) IN GENERAL.—Notwithstanding section lowing resolution; which was consid- 142, to require special packaging for 2(f)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and section 3(a)(5) of ered and agreed to: liquid nicotine containers, and for other purposes; as follows: the Consumer Product Safety Act (15 U.S.C. S. RES. 333 2052(a)(5)), the term ‘‘liquid nicotine con- Strike all after the enacting clause and in- Whereas, in the case of Bank Markazi, The tainer’’ means a package (as defined in sec- sert the following: Central Bank of Iran v. Deborah D. Peterson, et tion 2 of the Poison Prevention Packaging al., No. 14–770, pending in the Supreme Court SECTION 1. SHORT TITLE. Act of 1970 (15 U.S.C. 1471))— of the United States, the constitutionality of This Act may be cited as the ‘‘Child Nico- (i) from which nicotine in a solution or section 502 of the Iran Threat Reduction and tine Poisoning Prevention Act of 2015’’. other form is accessible through normal and Syria Human Rights Act of 2012, Pub. L. No. SEC. 2. SPECIAL PACKAGING FOR LIQUID NICO- foreseeable use by a consumer; and 112–158, 126 Stat. 1214, 1258 (2012), codified at TINE CONTAINERS. (ii) that is used to hold soluble nicotine in 22 U.S.C. § 8772, has been placed in issue; (a) REQUIREMENT.—Notwithstanding sec- any concentration. Whereas, pursuant to sections 703(c), 706(a), tion 2(f)(2) of the Federal Hazardous Sub- (B) EXCLUSION.—The term ‘‘liquid nicotine and 713(a) of the Ethics in Government Act stances Act (15 U.S.C. 1261(f)(2)) and section container’’ does not include a sealed, pre- of 1978, 2 U.S.C. 288b(c), 288e(a), and 288l(a), 3(a)(5) of the Consumer Product Safety Act filled, and disposable container of nicotine in the Senate may direct its counsel to appear (15 U.S.C. 2052(a)(5)), any nicotine provided in a solution or other form in which such con- as amicus curiae in the name of the Senate a liquid nicotine container sold, offered for tainer is inserted directly into an electronic in any legal action in which the powers and sale, manufactured for sale, distributed in cigarette, electronic nicotine delivery sys- responsibilities of Congress under the Con- commerce, or imported into the United tem, or other similar product, if the nicotine stitution are placed in issue: Now, therefore, States shall be packaged in accordance with in the container is inaccessible through cus- be it the standards provided in section 1700.15 of tomary or reasonably foreseeable handling Resolved, That the Senate Legal Counsel is title 16, Code of Federal Regulations, as de- or use, including reasonably foreseeable in- directed to appear as amicus curiae on behalf termined through testing in accordance with gestion or other contact by children. of the Senate in the case of Bank Markazi, the method described in section 1700.20 of (3) NICOTINE.—The term ‘‘nicotine’’ means The Central Bank of Iran v. Deborah D. Peter- title 16, Code of Federal Regulations, and any form of the chemical nicotine, including son, et al., to defend the constitutionality of any subsequent changes to such sections any salt or complex, regardless of whether section 502 of the Iran Threat Reduction and adopted by the Commission. the chemical is naturally or synthetically Syria Human Rights Act of 2012. (b) SAVINGS CLAUSE.— derived.

VerDate Sep 11 2014 04:02 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.027 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8611 SEC. 3. EFFECTIVE DATE. mental Affairs be authorized to meet Colonel David T. Isaacson This Act shall take effect on the date that during the session of the Senate on De- Colonel Patrick B. Roberson is 180 days after the date of the enactment of cember 10, 2015, at 10 a.m. to conduct a IN THE AIR FORCE this Act. hearing entitled, ‘‘Implementing Solu- The following Air National Guard of the SA 2925. Mr. MCCONNELL (for Mr. tions: The Importance of Following United States officers for appointment in the NELSON (for himself and Ms. AYOTTE)) Through on GAO and OIG Rec- Reserve of the Air Force to the grade indi- proposed an amendment to the bill S. ommendations.’’ cated under title 10, U.S.C., sections 12203 142, to require special packaging for The PRESIDING OFFICER. Without and 12212: liquid nicotine containers, and for objection, it is so ordered. To be brigadier general other purposes; as follows: The PRESIDING OFFICER (Mr. Col. Blake A. Gettys Amend the title so as to read: ‘‘A bill to re- SASSE). The majority leader. Col. Karen E. Mansfield quire special packaging for liquid nicotine f The following Air National Guard of the containers, and for other purposes.’’. EXECUTIVE SESSION United States officers for appointment in the Reserve of the Air Force to the grade indi- SA 2926. Mr. MCCONNELL (for Mr. cated under title 10, U.S.C., sections 12203 FRANKEN (for himself and Mr. CORNYN)) EXECUTIVE CALENDAR and 12212: proposed an amendment to the bill S. To be brigadier general Mr. MCCONNELL. Mr. President, I 993, to increase public safety by facili- ask unanimous consent that the Sen- Col. Todd M. Branden tating collaboration among the crimi- ate proceed to executive session for the Col. Mark A. Crosby nal justice, juvenile justice, veterans Col. Fermin A Rubio consideration of Calendar Nos. 397 treatment services, mental health through 414 and all nominations on the The following Air National Guard of the treatment, and substance abuse sys- United States officers for appointment in the Secretary’s desk in the Air Force, tems; as follows: Reserve of the Air Force to the grade indi- Army, Coast Guard, Foreign Service, On page 26, line 24, strike ‘‘$30,000,000’’ and cated under title 10, U.S.C., sections 12203 insert ‘‘$18,000,000’’. and Navy; that the nominations be and 12212: On page 27, line 2, strike ‘‘20 percent’’ and confirmed en bloc and the motions to To be brigadier general insert ‘‘28 percent’’. reconsider be considered made and laid Col. David M. Bakos f upon the table with no intervening ac- Col. Vance C. Bateman AUTHORITY FOR COMMITTEES TO tion or debate; that no further motions Col. Sandra L. Best MEET be in order; that any statements re- Col. Jeffrey C. Bozard lated to the nominations be printed in Col. William D. Bunch COMMITTEE ON ARMED SERVICES the RECORD; and that the President be Col. Rafael Carrero Mr. CORNYN. Mr. President, I ask immediately notified of the Senate’s Col. Larry K. Clark unanimous consent that the Com- action. Col. Kevin D. Clotfelter mittee on Armed Services be author- The PRESIDING OFFICER. Without Col. Marshall C. Collins ized to meet during the session of the objection, it is so ordered. Col. James N. Cox Senate on December 10, 2015, at 9:30 The nominations considered and con- Col. Jason R. Cripps Col. Christopher S. Croxton a.m. firmed en bloc are as follows: The PRESIDING OFFICER. Without Col. Francis N. Detorie IN THE MARINE CORPS objection, it is so ordered. Col. Ruben Fernandez-Vera The following named officer for appoint- Col. John T. Ferry COMMITTEE ON ENERGY AND NATURAL ment to the grade of lieutenant general in Col. John E. Flowers RESOURCES the United States Marine Corps while as- Col. Michael J. Francis Mr. CORNYN. Mr. President, I ask signed to a position of importance and re- Col. Vincent R. Franklin unanimous consent that the Com- sponsibility under title 10, U.S.C., section Col. Clay L. Garrison mittee on Energy and Natural Re- 601: Col. Kevin J. Heer sources be authorized to meet during To be lieutenant general Col. Dana A. Hessheimer the session of the Senate on December Lt. Gen. John E. Wissler Col. Gene W. Hughes, Jr. Col. James T. Johnson 10, 2015, at 10 a.m., in room SD–366 of IN THE NAVY Col. Gregory F. Jones the Dirksen Senate Office Building. The following named officer for appoint- The PRESIDING OFFICER. Without Col. Marshall L. Kjelvik ment as the Chief of the Bureau of Medicine Col. James R. Kriesel objection, it is so ordered. and Surgery and Surgeon General and for ap- Col. Ronald S. Lambe COMMITTEE ON FOREIGN RELATIONS pointment in the United States Navy to the Col. Andrew J. MacDonald Mr. CORNYN. Mr. President, I ask grade indicated under title 10, U.S.C., sec- Col. Stephen J. Maher unanimous consent that the Com- tions 601 and 5137: Col. Matthew J. Manifold mittee on Foreign Relations be author- To be vice admiral Col. Maren McAvoy ized to meet during the session of the Rear Adm. Clinton F. Faison, III Col. Gregory S. McCreary Senate on December 10, 2015, at 10 a.m. IN THE ARMY Col. Stephen B. Mehring to conduct a hearing entitled ‘‘Inde- The following named officer for appoint- Col. Jessica Meyeraan Col. Billy M. Nabors pendent South Sudan: A Failure of ment as The Surgeon General, United States Army, and for appointment in the United Col. Jeffrey L. Newton Leadership.’’ Col. Peter Nezamis The PRESIDING OFFICER. Without States Army to the grade indicated while as- signed to a position of importance and re- Col. Patrick R. Renwick objection, it is so ordered. sponsibility under title 10, U.S.C., sections Col. Stephen M. Ryan COMMITTEE ON THE JUDICIARY 601 and 3036: Col. Peter R. Schneider Mr. CORNYN. Mr. President, I ask To be lieutenant general Col. Gregory N. Schnulo unanimous consent that the Com- Col. Greg A. Semmel Maj. Gen. Nadja Y. West Col. Ray M. Shepard mittee on the Judiciary be authorized The following Army National Guard of the to meet during the session of the Sen- Col. Marc A. Sicard United States officer for appointment in the Col. Paul R. Silvestri ate on December 10, 2015, at 10 a.m., in Reserve of the Army to the grade indicated Col. Christopher A. Stratmann room SD–226 of the Dirksen Senate Of- under title 10, U.S.C., sections 12203 and Col. Peter F. Sullivan, Jr. fice Building. 12211: Col. Tami S. Thompson The PRESIDING OFFICER. Without To be brigadier general Col. Joseph B. Wilson objection, it is so ordered. Col. Edward E. Hildreth, III Col. Gregory S. Woodrow SUBCOMMITTEE ON REGULATORY AFFAIRS AND The following named officers for appoint- The following Air National Guard of the FEDERAL MANAGEMENT ment to the grade indicated in the United United States officer for appointment in the Mr. CORNYN. Mr. President, I ask States Army under title 10, U.S.C., section Reserve of the Air Force to the grade indi- unanimous consent that the Sub- 624: cated under title 10, U.S.C., sections 12203 committee on Regulatory Affairs and To be brigadier general and 12212: Federal Management of the Committee Colonel Jennifer G. Buckner To be major general on Homeland Security and Govern- Colonel Sean A. Gainey Brig. Gen. Edward P. Maxwell

VerDate Sep 11 2014 04:02 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.032 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8612 CONGRESSIONAL RECORD — SENATE December 10, 2015 The following Air National Guard of the Col. Martin A. Chapin PN981 ARMY nomination of Shane R. United States officers for appointment in the Col. James R. Cluff Reeves, which was received by the Senate Reserve of the Air Force to the grade indi- Col. Charles S. Corcoran and appeared in the Congressional Record of cated under title 10, U.S.C., sections 12203 Col. Sean M. Farrell November 19, 2015. and 12212: Col. Chad P. Franks PN982 ARMY nominations (5) beginning To be major general Col. Alexus G. Grynkewich DAVID E. BENTZEL, and ending BRIAN U. Col. Timothy D. Haugh T. KIM, which nominations were received by Brig. Gen. Robert C. Bolton Col. Christopher D. Hill the Senate and appeared in the Congres- Brig. Gen. Charles W. Chappuis, Jr. Col. Eric T. Hill sional Record of November 19, 2015. Brig. Gen. Dawne L. Deskins Col. Samuel C. Hinote PN983 ARMY nominations (4) beginning Brig. Gen. Timothy L. Frye Col. William G. Holt, II TERESA L. BRININGER, and ending RICH- Brig. Gen. Paul D. Jacobs Col. Linda S. Hurry ARD A. VILLARREAL, which nominations Brig. Gen. Mark E. Jannitto Col. Matthew C. Isler were received by the Senate and appeared in Brig. Gen. Ronald W. Solberg Col. Kyle J. Kremer the Congressional Record of November 19, Brig. Gen. James K. Vogel Col. John C. Kubinec 2015. Brig. Gen. William L. Welsh Col. Douglas K. Lamberth PN984 ARMY nominations (39) beginning Brig. Gen. Wayne A. Zimmet Col. Lance K. Landrum KEVIN R. BASS, and ending D003940, which The following named officer for appoint- Col. Jeannie M. Leavitt nominations were received by the Senate and ment in the United States Air Force to the Col. William J. Liguori, Jr. appeared in the Congressional Record of No- grade indicated while assigned to a position Col. Michael J. Lutton vember 19, 2015. of importance and responsibility under title Col. Corey J. Martin PN985 ARMY nominations (19) beginning 10, U.S.C., section 601: Col. Tom D. Miller KIMBERLIE A. BIEVER, and ending PAM- To be lieutenant general Col. Richard G. Moore, Jr. ELA M. WULF, which nominations were re- ceived by the Senate and appeared in the Maj. Gen. John D. Bansemer Col. James D. Peccia, III Col. Heather L. Pringle Congressional Record of November 19, 2015. The following named officer for appoint- Col. Michael J. Schmidt PN986 ARMY nominations (9) beginning ment in the Reserve of the Air Force to the Col. James R. Sears, Jr. DAVID BARRETT, and ending JENNIFER S. grade indicated under title 10, U.S.C., section Col. Daniel L. Simpson ZUCKER, which nominations were received 12203: Col. Mark H. Slocum by the Senate and appeared in the Congres- To be brigadier general Col. Robert S. Spalding, III sional Record of November 19, 2015. PN987 ARMY nominations (2) beginning Col. Russell A. Muncy Col. William A. Spangenthal DAVID W. LAWS, and ending JOHN E. The following named officer for appoint- Col. Edward W. Thomas Jr SWANBERG, which nominations were re- ment in the Reserve of the Air Force to the Col. John T. Wilcox, II ceived by the Senate and appeared in the grade indicated under title 10, U.S.C., section Col. Michael P. Winkler Congressional Record of November 19, 2015. 12203: NOMINATIONS PLACED ON THE SECRETARY’S PN988 ARMY nomination of William A. To be brigadier general DESK Altmire, which was received by the Senate Col. Patricia N. Beyer IN THE AIR FORCE and appeared in the Congressional Record of The following named officer for appoint- PN970 AIR FORCE nominations (105) begin- November 19, 2015. ment in the Reserve of the Air Force to the ning BRYAN K. ALLEN, and ending PN989 ARMY nomination of Jesus J. T. grade indicated under title 10, U.S.C., section GARRICK H. YOKOE, which nominations Nufable, which was received by the Senate 12203: were received by the Senate and appeared in and appeared in the Congressional Record of To be brigadier general the Congressional Record of November 19, November 19, 2015. 2015. PN990 ARMY nominations (6) beginning Col. Christopher W. Lentz RUBEN BERMUDEZPAGAN, and ending IN THE ARMY The following named officers for appoint- TODD W. SCHAFFER, which nominations PN971 ARMY nomination of James D. Fer- ment in the Reserve of the Air Force to the were received by the Senate and appeared in guson, which was received by the Senate and grade indicated under title 10, U.S.C., section the Congressional Record of November 19, appeared in the Congressional Record of No- 12203: 2015. To be brigadier general vember 19, 2015. PN991 ARMY nomination of Joshua A. Car- PN972 ARMY nominations (8) beginning lisle, which was received by the Senate and Col. Lee Ann T. Bennett KELVIN L. BROWN, and ending PAUL L. appeared in the Congressional Record of No- Col. Richard M. Casto WAGNER, II, which nominations were re- vember 19, 2015. Col. Jonathan M. Ellis ceived by the Senate and appeared in the Col. James J. Fontanella PN992 ARMY nomination of William C. Congressional Record of November 19, 2015. Moorhouse, which was received by the Sen- Col. John P. Healy PN973 ARMY nominations (3) beginning ate and appeared in the Congressional Col. Daniel J. Heires DAESOO LEE, and ending BRIAN D. RAY, Col. Robert A. Huston Record of November 19, 2015. which nominations were received by the Sen- PN993 ARMY nomination of Gregg T. Col. William R Kountz, Jr. ate and appeared in the Congressional Col. Albert V. Lupenski Olsowy, which was received by the Senate Record of November 19, 2015. and appeared in the Congressional Record of Col. Tyler D. Otten PN974 ARMY nomination of Wayne W. Col. Russell P. Reimer November 19, 2015. Santos, which was received by the Senate PN994 ARMY nomination of Roger S. Gi- Col. Harold E. Rogers, Jr. and appeared in the Congressional Record of Col. Tracey A. Siems raud, which was received by the Senate and November 19, 2015. appeared in the Congressional Record of No- PN975 ARMY nomination of Anthony J. IN THE ARMY vember 19, 2015. The following named officer for appoint- Fadell, which was received by the Senate and PN995 ARMY nomination of Steven M. ment to the grade indicated in the United appeared in the Congressional Record of No- Wilke, which was received by the Senate and States Army under title 10, U.S.C., section vember 19, 2015. appeared in the Congressional Record of No- PN976 ARMY nomination of Ricardo 624: vember 19, 2015. Alonsojournet, which was received by the To be major general Senate and appeared in the Congressional IN THE COAST GUARD Brig. Gen. John C. Thomson, III Record of November 19, 2015. PN997 COAST GUARD nominations (3) be- The following Army National Guard of the PN977 ARMY nomination of Jeffrey M. ginning CORINNA M. FLEISCHMANN, and United States officer for appointment in the Sloan, which was received by the Senate and ending KIMBERLY C. YOUNG-MCLEAR, Reserve of the Army to the grade indicated appeared in the Congressional Record of No- which nominations were received by the Sen- under title 10, U.S.C., sections 12203 and vember 19, 2015. ate and appeared in the Congressional 12211: PN978 ARMY nominations (2) beginning Record of November 19, 2015. ANDREW C. DILLON, and ending ANDRE R. PN998 COAST GUARD nominations (247) To be major general HOLDER, which nominations were received beginning MICHAEL S. ADAMS, JR., and Brig. Gen. Sylvia R. Crockett by the Senate and appeared in the Congres- ending JAMES R. ZOLL, JR., which nomina- IN THE AIR FORCE sional Record of November 19, 2015. tions were received by the Senate and ap- The following named officers for appoint- PN979 ARMY nomination of Rebecca R. peared in the Congressional Record of No- ment in the United States Air Force to the Tomsyck, which was received by the Senate vember 19, 2015. PN999 COAST GUARD nominations (173) grade indicated under title 10, U.S.C., section and appeared in the Congressional Record of beginning JASON C. ALEKSAK, and ending 624: November 19, 2015. PN980 ARMY nomination of Everett S. P. YAMASHEKA Z. YOUNG-MCLEAR, which To be brigadier general Spain, which was received by the Senate and nominations were received by the Senate and Col. Kenneth T. Bibb, Jr. appeared in the Congressional Record of No- appeared in the Congressional Record of No- Col. Angela M. Cadwell vember 19, 2015. vember 19, 2015.

VerDate Sep 11 2014 03:19 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.038 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8613 IN THE FOREIGN SERVICE the nominations be printed in the Safety Act (15 U.S.C. 2052(a)(5)) notwith- PN72–5 FOREIGN SERVICE nomination of RECORD; that the President be imme- standing subparagraph (B) of such section, that Daniel Sylvester Cronin, which was received diately notified of the Senate’s action consists of a container that— by the Senate and appeared in the Congres- (i) has an opening from which nicotine in a and the Senate then resume legislative solution or other form is accessible and can flow sional Record of January 13, 2015. session. PN877–2 FOREIGN SERVICE nomination of freely through normal and foreseeable use by a Derell Kennedo, which was received by the The PRESIDING OFFICER. Without consumer; and Senate and appeared in the Congressional objection, it is so ordered. (ii) is used to hold soluble nicotine in any con- centration. Record of September 21, 2015. f PN939 FOREIGN SERVICE nominations (B) EXCLUSIONS.—The term ‘‘liquid nicotine (119) beginning Steven Carl Aaberg, and end- LEGISLATIVE SESSION container’’ does not include nicotine in a solu- tion or other form in a sealed, pre-filled, dispos- ing Sandra M. Zuniga Guzman, which nomi- The PRESIDING OFFICER. The Sen- nations were received by the Senate and ap- able container inserted directly into an elec- peared in the Congressional Record of No- ate will now resume legislative session. tronic cigarette or other similar device, so long as the nicotine in the container is inaccessible or vember 10, 2015. f PN951–1 FOREIGN SERVICE nominations cannot flow freely out of such container or elec- (3) beginning James F. Entwistle, and ending UNANIMOUS CONSENT AGREE- tronic cigarette or other similar device through Daniel R. Russel, which nominations were MENT—EXECUTIVE CALENDAR normal and foreseeable use by a consumer. received by the Senate and appeared in the (3) NICOTINE.—The term ‘‘nicotine’’ means Mr. MCCONNELL. Mr. President, I Congressional Record of November 19, 2015. any form of the chemical nicotine, including PN954 FOREIGN SERVICE nominations ask unanimous consent that on Mon- any salt or complex, regardless of whether the (102) beginning Christopher Volciak, and end- day, December 14, at 5 p.m., the Senate chemical is naturally or synthetically derived. (4) SPECIAL PACKAGING.—The term ‘‘special ing Edward L. Robinson, III, which nomina- proceed to executive session to con- packaging’’ has the meaning given such term in tions were received by the Senate and ap- sider the following nominations: Cal- section 2 of the Poison Prevention Packaging peared in the Congressional Record of No- endar Nos. 393 through 396; that there Act of 1970 (15 U.S.C. 1471). vember 19, 2015. be 30 minutes for debate on the Starzak (b) REQUIRED USE OF SPECIAL PACKAGING FOR IN THE NAVY nomination equally divided in the LIQUID NICOTINE CONTAINERS.— PN996 NAVY nomination of Kenneth C. usual form; that upon the use or yield- (1) RULEMAKING.— Collins, II, which was received by the Senate ing back of time, the Senate proceed to (A) IN GENERAL.—Notwithstanding section and appeared in the Congressional Record of vote without intervening action or de- 3(a)(5)(B) of the Consumer Product Safety Act November 19, 2015. bate on the nominations in the order (15 U.S.C. 2052(a)(5)(B)) or section 2(f)(2) of the f Federal Hazardous Substances Act (15 U.S.C. listed; that following disposition of the 1261(f)(2)), not later than 1 year after the date NOMINATION DISCHARGED AND nominations, the motions to reconsider of enactment of this Act, the Commission shall EXECUTIVE CALENDAR be considered made and laid upon the promulgate a rule requiring special packaging table with no intervening action or de- for liquid nicotine containers. Mr. MCCONNELL. Mr. President, I bate; that no further motions be in (B) AMENDMENTS.—The Commission may pro- ask unanimous consent that the Envi- order to any of the nominations; that mulgate such amendments to the rule promul- ronment and Public Works Committee any statements related to the nomina- gated under subparagraph (A) as the Commis- be discharged from consideration of sion considers appropriate. tions be printed in the Record; that the PN714 and the Senate proceed to con- (2) EXPEDITED PROCESS.—The Commission President be immediately notified of sider the following nominations en shall promulgate the rule under paragraph (1) the Senate’s action and the Senate bloc: PN714, Calendar Nos. 385, 392, and in accordance with section 553 of title 5, United then resume legislative session. States Code. 426. (3) INAPPLICABILITY OF CERTAIN RULEMAKING The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. REQUIREMENTS.—The following provisions shall objection, it is so ordered. not apply to a rulemaking under paragraph (1): The clerk will report the nomina- f (A) Sections 7 and 9 of the Consumer Product tions en bloc. Safety Act (15 U.S.C. 2056 and 2058). CHILD NICOTINE POISONING The senior assistant legislative clerk (B) Section 3 of the Federal Hazardous Sub- PREVENTION ACT OF 2015 read the nominations of Richard Capel stances Act (15 U.S.C. 1262). (C) Subsections (b) and (c) of section 3 of the Mr. MCCONNELL. Mr. President, I Howorth, of Mississippi, to be a Mem- Poison Prevention Packaging Act of 1970 (15 ber of the Board of Directors of the ask unanimous consent that the Sen- U.S.C. 1472). Tennessee Valley Authority for a term ate proceed to the immediate consider- (4) SAVINGS CLAUSE.—Nothing in this section expiring May 18, 2020; Cherry Ann Mur- ation of Calendar No. 35, S. 142. shall be construed to limit or diminish the au- ray, of Kansas, to be Director of the Of- The PRESIDING OFFICER. The thority of the Food and Drug Administration to fice of Science, Department of Energy; clerk will report the bill by title. regulate the manufacture, marketing, sale, or Eric Drake Eberhard, of Washington, The legislative clerk read as follows: distribution of liquid nicotine, liquid nicotine containers, electronic cigarettes, or similar prod- A bill (S. 142) to require the Consumer to be a Member of the Board of Trust- ucts that contain or dispense liquid nicotine. Product Safety Commission to promulgate a ees of the Morris K. Udall and Stewart (5) ENFORCEMENT.—A rule promulgated under L. Udall Foundation for a term expir- rule to require child safety packaging for liq- paragraph (1) shall be treated as a standard ap- ing October 6, 2018; and Darryl L. uid nicotine containers, and for other pur- plicable to a household substance established poses. DePriest, of Illinois, to be Chief Coun- under section 3(a) of the Poison Prevention sel for Advocacy, Small Business Ad- There being no objection, the Senate Packaging Act of 1970 (15 U.S.C. 1472(a)). ministration. proceeded to consider the bill, which (c) REPORTING REQUIREMENTS.—Not later than 3 years after the date of enactment of this Thereupon, the Senate proceeded to had been reported from the Committee on Commerce, Science, and Transpor- Act, the Commission shall submit to the Com- consider the nominations en bloc. mittee on Commerce, Science, and Transpor- The PRESIDING OFFICER. Is there tation, with an amendment to strike tation of the Senate and the Committee on En- further debate on the nominations en all after the enacting clause and insert ergy and Commerce of the House of Representa- bloc? in lieu thereof the following: tives a report detailing the rule and require- If not, the question is, Will the Sen- S. 142 ments promulgated under this Act and any en- ate advise and consent to the Howorth, SECTION 1. SHORT TITLE. forcement actions taken thereunder. Murray, Eberhard, and DePriest nomi- This Act may be cited as the ‘‘Child Nicotine Mr. MCCONNELL. Mr. President, I nations en bloc? Poisoning Prevention Act of 2015’’. ask unanimous consent that the com- The nominations were confirmed en SEC. 2. CHILD SAFETY PACKAGING FOR LIQUID mittee-reported substitute be with- bloc. NICOTINE CONTAINERS. drawn; that the Nelson substitute Mr. MCCONNELL. Mr. President, I (a) DEFINITIONS.—In this section: amendment be agreed to; that the bill, ask unanimous consent that the mo- (1) COMMISSION.—The term ‘‘Commission’’ as amended, be read three times and tion to reconsider be considered made means the Consumer Product Safety Commis- passed; that the amendment to the sion. and laid upon the table with no inter- (2) LIQUID NICOTINE CONTAINER.— title be agreed to; and that the motions vening action or debate; that no fur- (A) IN GENERAL.—The term ‘‘liquid nicotine to reconsider be considered made and ther motions be in order to the nomi- container’’ means a consumer product, as de- laid upon the table with no intervening nations; that any statements related to fined in section 3(a)(5) of the Consumer Product action or debate.

VerDate Sep 11 2014 04:02 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.040 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8614 CONGRESSIONAL RECORD — SENATE December 10, 2015 The PRESIDING OFFICER. Without (d) DEFINITIONS.—In this section: ceed to vote on passage of the bill, as objection, it is so ordered. (1) COMMISSION.—The term ‘‘Commission’’ amended. The committee-reported substitute means the Consumer Product Safety Com- The PRESIDING OFFICER. Without amendment was withdrawn. mission. objection, it is so ordered. The amendment (No. 2924) in the na- (2) LIQUID NICOTINE CONTAINER.— (A) IN GENERAL.—Notwithstanding section The bill was ordered to be engrossed ture of a substitute was agreed to, as 2(f)(2) of the Federal Hazardous Substances for a third reading and was read the follows: Act (15 U.S.C. 1261(f)(2)) and section 3(a)(5) of third time. (Purpose: In the nature of a substitute) the Consumer Product Safety Act (15 U.S.C. The PRESIDING OFFICER. The bill Strike all after the enacting clause and in- 2052(a)(5)), the term ‘‘liquid nicotine con- having been read the third time, the sert the following: tainer’’ means a package (as defined in sec- question is, Shall it pass? SECTION 1. SHORT TITLE. tion 2 of the Poison Prevention Packaging The bill (S. 993), as amended, was This Act may be cited as the ‘‘Child Nico- Act of 1970 (15 U.S.C. 1471))— passed, as follows: tine Poisoning Prevention Act of 2015’’. (i) from which nicotine in a solution or other form is accessible through normal and S. 993 SEC. 2. SPECIAL PACKAGING FOR LIQUID NICO- TINE CONTAINERS. foreseeable use by a consumer; and Be it enacted by the Senate and House of Rep- (a) REQUIREMENT.—Notwithstanding sec- (ii) that is used to hold soluble nicotine in resentatives of the United States of America in tion 2(f)(2) of the Federal Hazardous Sub- any concentration. Congress assembled, stances Act (15 U.S.C. 1261(f)(2)) and section (B) EXCLUSION.—The term ‘‘liquid nicotine SECTION 1. SHORT TITLE. 3(a)(5) of the Consumer Product Safety Act container’’ does not include a sealed, pre- This Act may be cited as the ‘‘Comprehen- (15 U.S.C. 2052(a)(5)), any nicotine provided in filled, and disposable container of nicotine in sive Justice and Mental Health Act of 2015’’. a solution or other form in which such con- a liquid nicotine container sold, offered for SEC. 2. TABLE OF CONTENTS. tainer is inserted directly into an electronic sale, manufactured for sale, distributed in The table of contents for this Act is as fol- cigarette, electronic nicotine delivery sys- commerce, or imported into the United lows: States shall be packaged in accordance with tem, or other similar product, if the nicotine in the container is inaccessible through cus- Sec. 1. Short title. the standards provided in section 1700.15 of Sec. 2. Table of contents. title 16, Code of Federal Regulations, as de- tomary or reasonably foreseeable handling or use, including reasonably foreseeable in- Sec. 3. Findings. termined through testing in accordance with Sec. 4. Sequential intercept model. the method described in section 1700.20 of gestion or other contact by children. (3) NICOTINE.—The term ‘‘nicotine’’ means Sec. 5. Veterans treatment courts. title 16, Code of Federal Regulations, and Sec. 6. Prison and jails. any subsequent changes to such sections any form of the chemical nicotine, including any salt or complex, regardless of whether Sec. 7. Allowable uses. adopted by the Commission. Sec. 8. Law enforcement training. (b) SAVINGS CLAUSE.— the chemical is naturally or synthetically Sec. 9. Federal law enforcement training. (1) IN GENERAL.—Nothing in this Act shall derived. Sec. 10. GAO report. be construed to limit or otherwise affect the SEC. 3. EFFECTIVE DATE. Sec. 11. Evidence based practices. authority of the Secretary of Health and This Act shall take effect on the date that Sec. 12. Transparency, program account- Human Services to regulate, issue guidance, is 180 days after the date of the enactment of ability, and enhancement of or take action regarding the manufacture, this Act. local authority. marketing, sale, distribution, importation, The bill (S. 142), as amended, was or- Sec. 13. Grant accountability. or packaging, including child-resistant pack- dered to be engrossed for a third read- Sec. 14. Reauthorization of appropriations. aging, of nicotine, liquid nicotine, liquid nic- ing, was read the third time, and otine containers, electronic cigarettes, elec- SEC. 3. FINDINGS. tronic nicotine delivery systems or other passed. Congress finds the following: similar products that contain or dispense liq- The amendment (No. 2925) was agreed (1) An estimated 2,000,000 individuals with uid nicotine, or any other nicotine-related to, as follows: serious mental illnesses are booked into jails products, including— (Purpose: To amend the title) each year, resulting in prevalence rates of serious mental illness in jails that are 3 to 6 (A) authority under the Federal Food, Amend the title so as to read: ‘‘A bill to re- Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) times higher than in the general population. quire special packaging for liquid nicotine An even greater number of individuals who and the Family Smoking Prevention and To- containers, and for other purposes.’’. bacco Control Act (Public Law 111–31) and are detained in jails each year have mental the amendments made by such Act; and f health problems that do not rise to the level (B) authority for the rulemaking entitled COMPREHENSIVE JUSTICE AND of a serious mental illness but may still re- quire a resource-intensive response. ‘‘Deeming Tobacco Products to Be Subject to MENTAL HEALTH ACT OF 2015 the Federal Food, Drug, and Cosmetic Act, (2) Adults with mental illnesses cycle as Amended by the Family Smoking Preven- Mr. MCCONNELL. Mr. President, I through jails more often than individuals tion and Tobacco Control Act; regulations on ask unanimous consent that the Sen- without mental illnesses, and tend to stay the Sale and Distribution of Tobacco Prod- ate proceed to the immediate consider- longer (including before trial, during trial, ucts and the Required Warning Statements ation of Calendar No. 62, S. 993. and after sentencing). 3 for Tobacco Products’’ (April 2014) (FDA– The PRESIDING OFFICER. The (3) According to estimates, almost ⁄4 of jail 2014–N–0189), the rulemaking entitled ‘‘Nico- detainees with serious mental illnesses have clerk will report the bill by title. co-occurring substance use disorders, and in- tine Exposure Warnings and Child-Resistant The legislative clerk read as follows: Packaging for Liquid Nicotine, Nicotine- dividuals with mental illnesses are also Containing E-Liquid(s), and Other Tobacco A bill (S. 993) to increase public safety by much more likely to have serious physical Products’’ (June 2015) (FDA–2015–N–1514), and facilitating collaboration among the crimi- health needs. subsequent actions by the Secretary regard- nal justice, juvenile justice, veterans treat- (4) Among individuals under probation su- ing packaging of liquid nicotine containers. ment services, mental health treatment, and pervision, individuals with mental disorders (2) CONSULTATION.—If the Secretary of substance abuse systems. are nearly twice as likely as other individ- Health and Human Services adopts, main- There being no objection, the Senate uals to have their community sentence re- tains, enforces, or imposes or continues in ef- proceeded to consider the bill. voked, furthering their involvement in the criminal justice system. Reasons for revoca- fect any packaging requirement for liquid Mr. MCCONNELL. I further ask nicotine containers, including a child-resist- tion may be directly or indirectly related to unanimous consent that the Franken an individual’s mental disorder. ant packaging requirement, the Secretary amendment be agreed to. shall consult with the Commission, taking SEC. 4. SEQUENTIAL INTERCEPT MODEL. The PRESIDING OFFICER. Without into consideration the expertise of the Com- (a) REDESIGNATION.—Section 2991 of the mission in implementing and enforcing this objection, it is so ordered. Omnibus Crime Control and Safe Streets Act Act and the Poison Prevention Packaging The amendment (No. 2926) was agreed of 1968 (42 U.S.C. 3797aa) is amended by redes- Act of 1970 (15 U.S.C. 1471 et seq.). to, as follows: ignating subsection (i) as subsection (n). (c) APPLICABILITY.—Notwithstanding sec- (Purpose: To modify the authorization of (b) SEQUENTIAL INTERCEPT MODEL.—Section tion 3(a)(5) of the Consumer Product Safety appropriations) 2991 of the Omnibus Crime Control and Safe Act (15 U.S.C. 2052(a)(5)) and section 2(f)(2) of On page 26, line 24, strike ‘‘$30,000,000’’ and Streets Act of 1968 (42 U.S.C. 3797aa) is the Federal Hazardous Substances Act (15 insert ‘‘$18,000,000’’. amended by inserting after subsection (h) U.S.C. 1261(f)(2)), the requirement of sub- On page 27, line 2, strike ‘‘20 percent’’ and the following: section (a) shall be treated as a standard for insert ‘‘28 percent’’. ‘‘(i) SEQUENTIAL INTERCEPT GRANTS.— the special packaging of a household sub- ‘‘(1) DEFINITION.—In this subsection, the stance established under section 3(a) of the Mr. MCCONNELL. I ask unanimous term ‘eligible entity’ means a State, unit of Poison Prevention Packaging Act of 1970 (15 consent that the bill, as amended, be local government, Indian tribe, or tribal or- U.S.C. 1472(a)). read a third time, and the Senate pro- ganization.

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‘‘(2) AUTHORIZATION.—The Attorney Gen- stance abuse services, medical services, and ‘‘(D) to train each employee of the correc- eral may make grants under this subsection services to address trauma; tional facility to identify and appropriately to an eligible entity for sequential intercept ‘‘(iii) alternatives to incarceration; and respond to incidents involving inmates with mapping and implementation in accordance ‘‘(iv) other appropriate services, including mental health or co-occurring mental health with paragraph (3). housing, transportation, mentoring, employ- and substance abuse disorders.’’. ‘‘(3) SEQUENTIAL INTERCEPT MAPPING; IM- ment, job training, education, and assistance SEC. 7. ALLOWABLE USES. in applying for and obtaining available bene- PLEMENTATION.—An eligible entity that re- Section 2991(b)(5)(I) of the Omnibus Crime fits. ceives a grant under this subsection may use Control and Safe Streets Act of 1968 (42 ‘‘(2) VETERANS ASSISTANCE PROGRAM.— funds for— U.S.C. 3797aa(b)(5)(I)) is amended by adding ‘‘(A) IN GENERAL.—The Attorney General, ‘‘(A) sequential intercept mapping, which— at the end the following: ‘‘(i) shall consist of— in consultation with the Secretary of Vet- ‘‘(v) TEAMS ADDRESSING FREQUENT USERS OF ‘‘(I) convening mental health and criminal erans Affairs, may award grants under this CRISIS SERVICES.—Multidisciplinary teams justice stakeholders to— subsection to applicants to establish or ex- pand— that— ‘‘(aa) develop a shared understanding of ‘‘(I) coordinate, implement, and administer the flow of justice-involved individuals with ‘‘(i) veterans treatment court programs; ‘‘(ii) peer to peer services or programs for community-based crisis responses and long- mental illnesses through the criminal justice term plans for frequent users of crisis serv- system; and qualified veterans; ‘‘(iii) practices that identify and provide ices; ‘‘(bb) identify opportunities for improved ‘‘(II) provide training on how to respond collaborative responses to the risks and treatment, rehabilitation, legal, transi- tional, and other appropriate services to appropriately to the unique issues involving needs of individuals described in item (aa); frequent users of crisis services for public and qualified veterans who have been incarcer- ated; and service personnel, including criminal justice, ‘‘(II) developing strategies to address gaps mental health, substance abuse, emergency in services and bring innovative and effec- ‘‘(iv) training programs to teach criminal justice, law enforcement, corrections, men- room, healthcare, law enforcement, correc- tive programs to scale along multiple inter- tions, and housing personnel; cepts, including— tal health, and substance abuse personnel how to identify and appropriately respond to ‘‘(III) develop or support alternatives to ‘‘(aa) emergency and crisis services; hospital and jail admissions for frequent ‘‘(bb) specialized police-based responses; incidents involving qualified veterans. ‘‘(B) PRIORITY.—In awarding grants under users of crisis services that provide treat- ‘‘(cc) court hearings and disposition alter- ment, stabilization, and other appropriate natives; this subsection, the Attorney General shall give priority to applications that— supports in the least restrictive, yet appro- ‘‘(dd) reentry from jails and prisons; and priate, environment; and ‘‘(ee) community supervision, treatment ‘‘(i) demonstrate collaboration between and joint investments by criminal justice, ‘‘(IV) develop protocols and systems among and support services; and law enforcement, mental health, substance ‘‘(ii) may serve as a starting point for the mental health, substance abuse, and vet- erans service agencies; abuse, housing, corrections, and emergency development of strategic plans to achieve medical service operations to provide coordi- positive public health and safety outcomes; ‘‘(ii) promote effective strategies to iden- tify and reduce the risk of harm to qualified nated assistance to frequent users of crisis and veterans and public safety; and services.’’. ‘‘(B) implementation, which shall— ‘‘(iii) propose interventions with empirical ‘‘(i) be derived from the strategic plans de- SEC. 8. LAW ENFORCEMENT TRAINING. support to improve outcomes for qualified scribed in subparagraph (A)(ii); and Section 2991(h) of the Omnibus Crime Con- veterans.’’. ‘‘(ii) consist of— trol and Safe Streets Act of 1968 (42 U.S.C. ‘‘(I) hiring and training personnel; SEC. 6. PRISON AND JAILS. 3797aa(h)) is amended— Section 2991 of the Omnibus Crime Control ‘‘(II) identifying the eligible entity’s target (1) in paragraph (1), by adding at the end and Safe Streets Act of 1968 (42 U.S.C. 3797aa) population; the following: is amended by inserting after subsection (j), ‘‘(III) providing services and supports to re- ‘‘(F) ACADEMY TRAINING.—To provide sup- as so added by section 5, the following: duce unnecessary penetration into the crimi- port for academy curricula, law enforcement ‘‘(k) CORRECTIONAL FACILITIES.— nal justice system; officer orientation programs, continuing ‘‘(1) DEFINITIONS.— education training, and other programs that ‘‘(IV) reducing recidivism; ‘‘(A) CORRECTIONAL FACILITY.—The term teach law enforcement personnel how to ‘‘(V) evaluating the impact of the eligible ‘correctional facility’ means a jail, prison, or identify and respond to incidents involving entity’s approach; and other detention facility used to house people persons with mental health disorders or co- ‘‘(VI) planning for the sustainability of ef- who have been arrested, detained, held, or occurring mental health and substance abuse fective interventions.’’. convicted by a criminal justice agency or a disorders.’’; and SEC. 5. VETERANS TREATMENT COURTS. court. (2) by adding at the end the following: Section 2991 of the Omnibus Crime Control ‘‘(B) ELIGIBLE INMATE.—The term ‘eligible and Safe Streets Act of 1968 (42 U.S.C. 3797aa) inmate’ means an individual who— ‘‘(4) PRIORITY CONSIDERATION.—The Attor- is amended by inserting after subsection (i), ‘‘(i) is being held, detained, or incarcerated ney General, in awarding grants under this as so added by section 4, the following: in a correctional facility; and subsection, shall give priority to programs that law enforcement personnel and mem- ‘‘(j) ASSISTING VETERANS.— ‘‘(ii) manifests obvious signs of a mental bers of the mental health and substance ‘‘(1) DEFINITIONS.—In this subsection: illness or has been diagnosed by a qualified abuse professions develop and administer co- ‘‘(A) PEER TO PEER SERVICES OR PRO- mental health professional as having a men- operatively.’’. GRAMS.—The term ‘peer to peer services or tal illness. programs’ means services or programs that ‘‘(2) CORRECTIONAL FACILITY GRANTS.—The SEC. 9. FEDERAL LAW ENFORCEMENT TRAINING. connect qualified veterans with other vet- Attorney General may award grants to appli- Not later than 1 year after the date of en- erans for the purpose of providing support cants to enhance the capabilities of a correc- actment of this Act, the Attorney General and mentorship to assist qualified veterans tional facility— shall provide direction and guidance for the in obtaining treatment, recovery, stabiliza- ‘‘(A) to identify and screen for eligible in- following: tion, or rehabilitation. mates; (1) TRAINING PROGRAMS.—Programs that ‘‘(B) QUALIFIED VETERAN.—The term ‘quali- ‘‘(B) to plan and provide— offer specialized and comprehensive training, fied veteran’ means a preliminarily qualified ‘‘(i) initial and periodic assessments of the in procedures to identify and appropriately offender who— clinical, medical, and social needs of in- respond to incidents in which the unique ‘‘(i) served on active duty in any branch of mates; and needs of individuals who have a mental ill- the Armed Forces, including the National ‘‘(ii) appropriate treatment and services ness are involved, to first responders and Guard or Reserves; and that address the mental health and sub- tactical units of— ‘‘(ii) was discharged or released from such stance abuse needs of inmates; (A) Federal law enforcement agencies; and service under conditions other than dishon- ‘‘(C) to develop, implement, and enhance— (B) other Federal criminal justice agencies orable. ‘‘(i) post-release transition plans for eligi- such as the Bureau of Prisons, the Adminis- ‘‘(C) VETERANS TREATMENT COURT PRO- ble inmates that, in a comprehensive man- trative Office of the United States Courts, GRAM.—The term ‘veterans treatment court ner, coordinate health, housing, medical, and other agencies that the Attorney Gen- program’ means a court program involving employment, and other appropriate services eral determines appropriate. collaboration among criminal justice, vet- and public benefits; (2) IMPROVED TECHNOLOGY.—The establish- erans, and mental health and substance ‘‘(ii) the availability of mental health care ment of, or improvement of existing, com- abuse agencies that provides qualified vet- services and substance abuse treatment serv- puterized information systems to provide erans with— ices; and timely information to employees of Federal ‘‘(i) intensive judicial supervision and case ‘‘(iii) alternatives to solitary confinement law enforcement agencies, and Federal management, which may include random and and segregated housing and mental health criminal justice agencies to improve the re- frequent drug testing where appropriate; screening and treatment for inmates placed sponse of such employees to situations in- ‘‘(ii) a full continuum of treatment serv- in solitary confinement or segregated hous- volving individuals who have a mental ill- ices, including mental health services, sub- ing; and ness.

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SEC. 10. GAO REPORT. proving the adult or juvenile for participa- ‘‘(C) MANDATORY EXCLUSION.—A recipient No later than 1 year after the date of en- tion in a program funded under this section, of grant funds under this section that is actment of this Act, the Comptroller General to not pose a risk of violence to any person found to have an unresolved audit finding of the United States, in coordination with in the program, or the public, if selected to shall not be eligible to receive grant funds the Attorney General, shall submit to Con- participate in the program; and under this section during the first 2 fiscal gress a report on— ‘‘(iv) has not been charged with or con- years beginning after the end of the 12- (1) the practices that Federal first respond- victed of— month period described in subparagraph (A). ers, tactical units, and corrections officers ‘‘(I) any sex offense (as defined in section ‘‘(D) PRIORITY.—In awarding grants under are trained to use in responding to individ- 111 of the Sex Offender Registration and No- this section, the Attorney General shall give uals with mental illness; tification Act (42 U.S.C. 16911)) or any offense priority to eligible applicants that did not (2) procedures to identify and appro- relating to the sexual exploitation of chil- have an unresolved audit finding during the priately respond to incidents in which the dren; or 3 fiscal years before submitting an applica- unique needs of individuals who have a men- ‘‘(II) murder or assault with intent to com- tion for a grant under this section. tal illness are involved, to Federal first re- mit murder. ‘‘(E) REIMBURSEMENT.—If an entity is sponders and tactical units; ‘‘(B) DETERMINATION.—In determining awarded grant funds under this section dur- (3) the application of evidence-based prac- whether to designate a defendant as a pre- ing the 2-fiscal-year period during which the tices in criminal justice settings to better liminarily qualified offender, the relevant entity is barred from receiving grants under address individuals with mental illnesses; prosecuting attorney, defense attorney, pro- subparagraph (C), the Attorney General and bation or corrections official, judge, and shall— (4) recommendations on how the Depart- mental health or substance abuse agency ‘‘(i) deposit an amount equal to the ment of Justice can expand and improve in- representative shall take into account— amount of the grant funds that were improp- formation sharing and dissemination of best ‘‘(i) whether the participation of the de- erly awarded to the grantee into the General practices. fendant in the program would pose a sub- Fund of the Treasury; and SEC. 11. EVIDENCE BASED PRACTICES. stantial risk of violence to the community; ‘‘(ii) seek to recoup the costs of the repay- Section 2991(c) of the Omnibus Crime Con- ‘‘(ii) the criminal history of the defendant ment to the fund from the grant recipient trol and Safe Streets Act of 1968 (42 U.S.C. and the nature and severity of the offense for that was erroneously awarded grant funds. 3797aa(c)) is amended— which the defendant is charged; ‘‘(2) NONPROFIT ORGANIZATION REQUIRE- (1) in paragraph (3), by striking ‘‘or’’ at the ‘‘(iii) the views of any relevant victims to MENTS.— end; the offense; ‘‘(A) DEFINITION.—For purposes of this (2) by redesignating paragraph (4) as para- ‘‘(iv) the extent to which the defendant paragraph and the grant programs under this graph (6); and would benefit from participation in the pro- part, the term ‘nonprofit organization’ (3) by inserting after paragraph (3), the fol- gram; means an organization that is described in lowing: ‘‘(v) the extent to which the community section 501(c)(3) of the Internal Revenue Code ‘‘(4) propose interventions that have been would realize cost savings because of the de- of 1986 and is exempt from taxation under shown by empirical evidence to reduce re- fendant’s participation in the program; and section 501(a) of such Code. cidivism; ‘‘(B) PROHIBITION.—The Attorney General ‘‘(vi) whether the defendant satisfies the ‘‘(5) when appropriate, use validated as- may not award a grant under this part to a eligibility criteria for program participation sessment tools to target preliminarily quali- nonprofit organization that holds money in unanimously established by the relevant fied offenders with a moderate or high risk of offshore accounts for the purpose of avoiding prosecuting attorney, defense attorney, pro- recidivism and a need for treatment and paying the tax described in section 511(a) of bation or corrections official, judge and men- services; or’’. the Internal Revenue Code of 1986. tal health or substance abuse agency rep- ‘‘(C) DISCLOSURE.—Each nonprofit organi- SEC. 12. TRANSPARENCY, PROGRAM ACCOUNT- resentative.’’. ABILITY, AND ENHANCEMENT OF zation that is awarded a grant under this (b) TECHNICAL AND CONFORMING AMEND- LOCAL AUTHORITY. section and uses the procedures prescribed in MENT.—Section 2927(2) of the Omnibus Crime (a) IN GENERAL.—Section 2991(a) of the Om- regulations to create a rebuttable presump- Control and Safe Streets Act of 1968 (42 nibus Crime Control and Safe Streets Act of tion of reasonableness for the compensation 1968 (42 U.S.C. 3797aa(a)) is amended— U.S.C. 3797s–6(2)) is amended by striking of its officers, directors, trustees, and key (1) in paragraph (7)— ‘‘has the meaning given that term in section employees, shall disclose to the Attorney (A) in the heading, by striking ‘‘MENTAL 2991(a).’’ and inserting ‘‘means an offense General, in the application for the grant, the ILLNESS’’ and inserting ‘‘MENTAL ILLNESS; that— process for determining such compensation, MENTAL HEALTH DISORDER’’; and ‘‘(A) does not have as an element the use, including the independent persons involved (B) by striking ‘‘term ‘mental illness’ attempted use, or threatened use of physical in reviewing and approving such compensa- means’’ and inserting ‘‘terms ‘mental illness’ force against the person or property of an- tion, the comparability data used, and con- and ‘mental health disorder’ mean’’; and other; or temporaneous substantiation of the delibera- (2) by striking paragraph (9) and inserting ‘‘(B) is not a felony that by its nature in- tion and decision. Upon request, the Attor- the following: volves a substantial risk that physical force ney General shall make the information dis- ‘‘(9) PRELIMINARILY QUALIFIED OFFENDER.— against the person or property of another closed under this subparagraph available for ‘‘(A) IN GENERAL.—The term ‘preliminarily may be used in the course of committing the public inspection. qualified offender’ means an adult or juve- offense.’’. ‘‘(3) CONFERENCE EXPENDITURES.— nile accused of an offense who— SEC. 13. GRANT ACCOUNTABILITY. ‘‘(A) LIMITATION.—No amounts made avail- ‘‘(i)(I) previously or currently has been di- Section 2991 of the Omnibus Crime Control able to the Department of Justice under this agnosed by a qualified mental health profes- and Safe Streets Act of 1968 (42 U.S.C. 3797aa) section may be used by the Attorney Gen- sional as having a mental illness or co-occur- is amended by inserting after subsection (k), eral, or by any individual or entity awarded ring mental illness and substance abuse dis- as so added by section 6, the following: discretionary funds through a cooperative orders; ‘‘(l) ACCOUNTABILITY.—All grants awarded agreement under this section, to host or sup- ‘‘(II) manifests obvious signs of mental ill- by the Attorney General under this section port any expenditure for conferences that ness or co-occurring mental illness and sub- shall be subject to the following account- uses more than $20,000 in funds made avail- stance abuse disorders during arrest or con- ability provisions: able by the Department of Justice, unless finement or before any court; or ‘‘(1) AUDIT REQUIREMENT.— the head of the relevant agency or depart- ‘‘(III) in the case of a veterans treatment ‘‘(A) DEFINITION.—In this paragraph, the ment, provides prior written authorization court provided under subsection (i), has been term ‘unresolved audit finding’ means a find- that the funds may be expended to host the diagnosed with, or manifests obvious signs ing in the final audit report of the Inspector conference. of, mental illness or a substance abuse dis- General of the Department of Justice that ‘‘(B) WRITTEN APPROVAL.—Written ap- order or co-occurring mental illness and sub- the audited grantee has utilized grant funds proval under subparagraph (A) shall include stance abuse disorder; for an unauthorized expenditure or otherwise a written estimate of all costs associated ‘‘(ii) has been unanimously approved for unallowable cost that is not closed or re- with the conference, including the cost of all participation in a program funded under this solved within 12 months from the date when food, beverages, audio-visual equipment, section by, when appropriate— the final audit report is issued. honoraria for speakers, and entertainment. ‘‘(I) the relevant— ‘‘(B) AUDITS.—Beginning in the first fiscal ‘‘(C) REPORT.—The Deputy Attorney Gen- ‘‘(aa) prosecuting attorney; year beginning after the date of enactment eral shall submit an annual report to the ‘‘(bb) defense attorney; of this subsection, and in each fiscal year Committee on the Judiciary of the Senate ‘‘(cc) probation or corrections official; and thereafter, the Inspector General of the De- and the Committee on the Judiciary of the ‘‘(dd) judge; and partment of Justice shall conduct audits of House of Representatives on all conference ‘‘(II) a representative from the relevant recipients of grants under this section to expenditures approved under this paragraph. mental health agency described in sub- prevent waste, fraud, and abuse of funds by ‘‘(4) ANNUAL CERTIFICATION.—Beginning in section (b)(5)(B)(i); grantees. The Inspector General shall deter- the first fiscal year beginning after the date ‘‘(iii) has been determined, by each person mine the appropriate number of grantees to of enactment of this subsection, the Attor- described in clause (ii) who is involved in ap- be audited each year. ney General shall submit, to the Committee

VerDate Sep 11 2014 03:19 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.045 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8617 on the Judiciary and the Committee on Ap- No. 2714 be agreed to, the bill, as tions such that the organization providing propriations of the Senate and the Com- amended, be read a third time and the operating funds is directly involved in mittee on the Judiciary and the Committee passed, and the motion to reconsider be the day-to-day operations of the other orga- on Appropriations of the House of Represent- considered made and laid upon the nization. atives, an annual certification— ‘‘(B) NONQUALIFIED CHURCH-CONTROLLED OR- ‘‘(A) indicating whether— table. GANIZATIONS.—Notwithstanding subpara- ‘‘(i) all audits issued by the Office of the The PRESIDING OFFICER. Without graph (A), for purposes of this subsection and Inspector General under paragraph (1) have objection, it is so ordered. subsection (m), an organization that is a been completed and reviewed by the appro- The amendment (No. 2714) in the na- nonqualified church-controlled organization priate Assistant Attorney General or Direc- ture of a substitute was agreed to. shall be aggregated with 1 or more other tor; (The amendment is printed in the nonqualified church-controlled organiza- ‘‘(ii) all mandatory exclusions required RECORD of October 20, 2015, under ‘‘Text tions, or with an organization that is not ex- under paragraph (1)(C) have been issued; and of Amendments.’’) empt from tax under section 501, and treated ‘‘(iii) all reimbursements required under The bill (S. 209), as amended, was or- as a single employer with such other organi- paragraph (1)(E) have been made; and zation, if at least 80 percent of the directors ‘‘(B) that includes a list of any grant re- dered to be engrossed for a third read- or trustees of such other organization are ei- cipients excluded under paragraph (1) from ing, was read the third time, and ther representatives of, or directly or indi- the previous year. passed. rectly controlled by, such nonqualified ‘‘(m) PREVENTING DUPLICATIVE GRANTS.— f church-controlled organization. For purposes ‘‘(1) IN GENERAL.—Before the Attorney of this subparagraph, the term ‘nonqualified General awards a grant to an applicant CHURCH PLAN CLARIFICATION church-controlled organization’ means a under this section, the Attorney General ACT OF 2015 church-controlled tax-exempt organization shall compare potential grant awards with Mr. MCCONNELL. Mr. President, I described in section 501(c)(3) that is not a other grants awarded under this Act to de- ask unanimous consent that the Com- qualified church-controlled organization (as termine if duplicate grant awards are award- defined in section 3121(w)(3)(B)). mittee on Finance be discharged from ed for the same purpose. ‘‘(C) PERMISSIVE AGGREGATION AMONG ‘‘(2) REPORT.—If the Attorney General further consideration of S. 2308 and the CHURCH-RELATED ORGANIZATIONS.—The awards duplicate grants to the same appli- Senate proceed to its immediate con- church or convention or association of cant for the same purpose the Attorney Gen- sideration. churches with which an organization de- eral shall submit to the Committee on the The PRESIDING OFFICER. Without scribed in subparagraph (A) is associated Judiciary of the Senate and the Committee objection, it is so ordered. (within the meaning of subsection (e)(3)(D)), on the Judiciary of the House of Representa- The clerk will report the bill by title. or an organization designated by such tives a report that includes— The legislative clerk read as follows: church or convention or association of ‘‘(A) a list of all duplicate grants awarded, churches, may elect to treat such organiza- including the total dollar amount of any du- A bill (S. 2308) to amend the Internal Rev- tions as a single employer for a plan year. plicate grants awarded; and enue Code of 1986 to clarify the treatment of Such election, once made, shall apply to all ‘‘(B) the reason the Attorney General church pension plans, and for other purposes. succeeding plan years unless revoked with awarded the duplicate grants.’’. There being no objection, the Senate notice provided to the Secretary in such SEC. 14. REAUTHORIZATION OF APPROPRIA- proceeded to consider the bill. manner as the Secretary shall prescribe. TIONS. Mr. MCCONNELL. Mr. President, I ‘‘(D) PERMISSIVE DISAGGREGATION OF Subsection (n) of section 2991 of the Omni- ask unanimous consent that the bill be CHURCH-RELATED ORGANIZATIONS.—For pur- bus Crime Control and Safe Streets Act of read a third time and passed and the poses of subparagraph (A), in the case of a 1968 (42 U.S.C. 3797aa), as redesignated by church plan, an employer may elect to treat section 4(a), is amended— motion to reconsider be considered churches (as defined in section 403(b)(12)(B)) (1) in paragraph (1)— made and laid upon the table. separately from entities that are not church- (A) in subparagraph (B), by striking ‘‘and’’ The PRESIDING OFFICER. Without es (as so defined), without regard to whether at the end; objection, it is so ordered. such entities maintain separate church (B) in subparagraph (C), by striking the pe- The bill (S. 2308) was ordered to be plans. Such election, once made, shall apply riod and inserting ‘‘; and’’; and engrossed for a third reading, was read to all succeeding plan years unless revoked (C) by adding at the end the following: the third time, and passed, as follows: with notice provided to the Secretary in ‘‘(D) $18,000,000 for each of fiscal years 2016 such manner as the Secretary shall pre- S. 2308 through 2020.’’; and scribe.’’. (2) by adding at the end the following: Be it enacted by the Senate and House of Rep- (2) CLARIFICATION RELATING TO APPLICATION ‘‘(3) LIMITATION.—Not more than 28 percent resentatives of the United States of America in OF ANTI-ABUSE RULE.—The rule of 26 CFR of the funds authorized to be appropriated Congress assembled, 1.414(c)–5(f) shall continue to apply to each under this section may be used for purposes SECTION 1. SHORT TITLE. paragraph of section 414(c) of the Internal described in subsection (j) (relating to vet- This Act may be cited as the ‘‘Church Plan Revenue Code of 1986, as amended by para- erans).’’. Clarification Act of 2015’’. graph (1). Mr. MCCONNELL. I finally ask unan- SEC. 2. CHURCH PLAN CLARIFICATION. (3) EFFECTIVE DATE.—The amendments imous consent that the motion to re- (a) APPLICATION OF CONTROLLED GROUP made by paragraph (1) shall apply to years RULES TO CHURCH PLANS.— beginning before, on, or after the date of the consider be considered made and laid enactment of this Act. upon the table with no intervening ac- (1) IN GENERAL.—Section 414(c) of the Inter- nal Revenue Code of 1986 is amended— (b) APPLICATION OF CONTRIBUTION AND tion or debate. (A) by striking ‘‘For purposes’’ and insert- FUNDING LIMITATIONS TO 403(b) GRAND- The PRESIDING OFFICER. Without ing the following: FATHERED DEFINED BENEFIT PLANS.— objection, it is so ordered. ‘‘(1) IN GENERAL.—Except as provided in (1) IN GENERAL.—Section 251(e)(5) of the f paragraph (2), for purposes’’, and Tax Equity and Fiscal Responsibility Act of (B) by adding at the end the following new 1982 (Public Law 97–248), is amended— INDIAN TRIBAL ENERGY DEVEL- paragraph: (A) by striking ‘‘403(b)(2)’’ and inserting OPMENT AND SELF-DETERMINA- ‘‘(2) SPECIAL RULES RELATING TO CHURCH ‘‘403(b)’’, and TION ACT AMENDMENTS OF 2015 PLANS.— (B) by inserting before the period at the end the following: ‘‘, and shall be subject to Mr. MCCONNELL. Mr. President, I ‘‘(A) GENERAL RULE.—Except as provided in the applicable limitations of section 415(b) of ask unanimous consent that the Sen- subparagraphs (B) and (C), for purposes of this subsection and subsection (m), an orga- such Code as if it were a defined benefit plan ate proceed to the immediate consider- nization that is otherwise eligible to partici- under section 401(a) of such Code (and not to ation of Calendar No. 242, S. 209. pate in a church plan shall not be aggregated the limitations of section 415(c) of such The PRESIDING OFFICER. The with another such organization and treated Code).’’. clerk will report the bill by title. as a single employer with such other organi- (2) EFFECTIVE DATE.—The amendments The legislative clerk read as follows: zation for a plan year beginning in a taxable made by this subsection shall apply to years A bill (S. 209) to amend the Indian Tribal year unless— beginning before, on, or after the date of the Energy Development and Self-Determination ‘‘(i) one such organization provides (di- enactment of this Act. Act of 2005, and for other purposes. rectly or indirectly) at least 80 percent of the (c) AUTOMATIC ENROLLMENT BY CHURCH operating funds for the other organization PLANS.— There being no objection, the Senate during the preceding tax year of the recipi- (1) IN GENERAL.—This subsection shall su- proceeded to consider the bill. ent organization, and persede any law of a State that relates to Mr. MCCONNELL. I ask unanimous ‘‘(ii) there is a degree of common manage- wage, salary, or payroll payment, collection, consent that the Barrasso amendment ment or supervision between the organiza- deduction, garnishment, assignment, or

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withholding which would directly or indi- an annuity contract described in section (2) EFFECTIVE DATE.—This subsection shall rectly prohibit or restrict the inclusion in 403(b) to an annuity contract described in apply to investments made after the date of any church plan (as defined in section 414(e) section 403(b), if such plan and annuity con- the enactment of this Act. of the Internal Revenue Code of 1986) of an tract are both maintained by the same f automatic contribution arrangement. church or convention or association of (2) DEFINITION OF AUTOMATIC CONTRIBUTION churches, PHYLLIS E. GALANTI ARBORETUM ARRANGEMENT.—For purposes of this sub- ‘‘(B) a transfer of all or a portion of the ac- Mr. MCCONNELL. Mr. President, I section, the term ‘‘automatic contribution crued benefit of a participant or beneficiary arrangement’’ means an arrangement— from an annuity contract described in sec- ask unanimous consent that the Com- (A) under which a participant may elect to tion 403(b) to a church plan that is a plan de- mittee on Veterans’ Affairs be dis- have the plan sponsor or the employer make scribed in section 401(a) or an annuity con- charged from further consideration of payments as contributions under the plan on tract described in section 403(b), if such plan H.R. 2693 and the Senate proceed to its behalf of the participant, or to the partici- and annuity contract are both maintained by immediate consideration. pant directly in cash, the same church or convention or associa- The PRESIDING OFFICER. Without (B) under which a participant is treated as tion of churches, or objection, it is so ordered. having elected to have the plan sponsor or ‘‘(C) a merger of a church plan that is a The clerk will report the bill by title. the employer make such contributions in an plan described in section 401(a), or an annu- amount equal to a uniform percentage of ity contract described in section 403(b) with The legislative clerk read as follows: compensation provided under the plan until an annuity contract described in section A bill (H.R. 2693) to designate the arbo- the participant specifically elects not to 403(b), if such plan and annuity contract are retum at the Hunter Holmes McGuire VA have such contributions made (or specifi- both maintained by the same church or con- Medical Center in Richmond, Virginia, as the cally elects to have such contributions made vention or association of churches. ‘‘Phyllis E. Galanti Arboretum.’’ at a different percentage), and ‘‘(2) LIMITATION.—Paragraph (1) shall not There being no objection, the Senate (C) under which the notice and election re- apply to a transfer or merger unless the par- proceeded to consider the bill. quirements of paragraph (3), and the invest- ticipant’s or beneficiary’s total accrued ben- Mr. MCCONNELL. I ask unanimous ment requirements of paragraph (4), are sat- efit immediately after the transfer or merger isfied. is equal to or greater than the participant’s consent that the bill be read a third (3) NOTICE REQUIREMENTS.— or beneficiary’s total accrued benefit imme- time and passed and the motion to re- (A) IN GENERAL.—The plan sponsor of, or diately before the transfer or merger, and consider be considered made and laid plan administrator or employer maintaining, such total accrued benefit is nonforfeitable upon the table. an automatic contribution arrangement after the transfer or merger. The PRESIDING OFFICER. Without shall, within a reasonable period before the ‘‘(3) QUALIFICATION.—A plan or annuity objection, it is so ordered. first day of each plan year, provide to each contract shall not fail to be considered to be The bill (H.R. 2693) was ordered to a participant to whom the arrangement ap- described in sections 401(a) or 403(b) merely plies for such plan year notice of the partici- because such plan or annuity contract en- third reading, was read the third time, pant’s rights and obligations under the ar- gages in a transfer or merger described in and passed. rangement which— this subsection. f (i) is sufficiently accurate and comprehen- ‘‘(4) DEFINITIONS.—For purposes of this sub- sive to apprise the participant of such rights section: FORECLOSURE RELIEF AND EX- and obligations, and ‘‘(A) CHURCH OR CONVENTION OR ASSOCIATION TENSION FOR SERVICEMEMBERS (ii) is written in a manner calculated to be OF CHURCHES.—The term ‘church or conven- ACT OF 2015 understood by the average participant to tion or association of churches’ includes an Mr. MCCONNELL. Mr. President, I organization described in subparagraph (A) whom the arrangement applies. ask unanimous consent that the Sen- (B) ELECTION REQUIREMENTS.—A notice or (B)(ii) of subsection (e)(3). shall not be treated as meeting the require- ‘‘(B) ANNUITY CONTRACT.—The term ‘annu- ate proceed to the immediate consider- ments of subparagraph (A) with respect to a ity contract’ includes a custodial account de- ation of S. 2393, submitted earlier participant unless— scribed in section 403(b)(7) and a retirement today by Senator WHITEHOUSE. (i) the notice includes an explanation of income account described in section 403(b)(9). The PRESIDING OFFICER. The the participant’s right under the arrange- ‘‘(C) ACCRUED BENEFIT.—The term ‘accrued clerk will report the bill by title. ment not to have elective contributions benefit’ means— The legislative clerk read as follows: made on the participant’s behalf (or to elect ‘‘(i) in the case of a defined benefit plan, A bill (S. 2393) to extend temporarily the to have such contributions made at a dif- the employee’s accrued benefit determined extended period of protection for members of ferent percentage), under the plan, and uniformed services relating to mortgages, (ii) the participant has a reasonable period ‘‘(ii) in the case of a plan other than a de- mortgage foreclosure, and eviction, and for of time, after receipt of the explanation de- fined benefit plan, the balance of the em- other purposes. scribed in clause (i) and before the first elec- ployee’s account under the plan.’’. tive contribution is made, to make such (2) EFFECTIVE DATE.—The amendment There being no objection, the Senate election, and made by this subsection shall apply to trans- proceeded to consider the bill. (iii) the notice explains how contributions fers or mergers occurring after the date of Mr. MCCONNELL. I ask unanimous made under the arrangement will be invested the enactment of this Act. consent that the bill be read a third (e) INVESTMENTS BY CHURCH PLANS IN COL- in the absence of any investment election by time and passed and the motion to re- the participant. LECTIVE TRUSTS.— (1) IN GENERAL.—In the case of— consider be considered made and laid (4) DEFAULT INVESTMENT.—If no affirmative investment election has been made with re- (A) a church plan (as defined in section upon the table with no intervening ac- spect to any automatic contribution ar- 414(e) of the Internal Revenue Code of 1986), tion or debate. rangement, contributions to such arrange- including a plan described in section 401(a) of The PRESIDING OFFICER. Without ment shall be invested in a default invest- such Code and a retirement income account objection, it is so ordered. described in section 403(b)(9) of such Code, ment selected with the care, skill, prudence, The bill (S. 2393) was ordered to be and and diligence that a prudent person selecting (B) an organization described in section engrossed for a third reading, was read an investment option would use. 414(e)(3)(A) of such Code the principal pur- the third time, and passed, as follows: (5) EFFECTIVE DATE.—This subsection shall pose or function of which is the administra- take effect on the date of the enactment of S. 2393 tion of such a plan or account, this Act. Be it enacted by the Senate and House of Rep- (d) ALLOW CERTAIN PLAN TRANSFERS AND the assets of such plan, account, or organiza- resentatives of the United States of America in MERGERS.— tion (including any assets otherwise per- Congress assembled, (1) IN GENERAL.—Section 414 of the Internal mitted to be commingled for investment pur- SECTION 1. SHORT TITLE. Revenue Code of 1986 is amended by adding poses with the assets of such a plan, account, This Act may be cited as the ‘‘Foreclosure at the end the following new subsection: or organization) may be invested in a group Relief and Extension for Servicemembers ‘‘(z) CERTAIN PLAN TRANSFERS AND MERG- trust otherwise described in Internal Rev- Act of 2015’’. ERS.— enue Service Revenue Ruling 81–100 (as modi- SEC. 2. TEMPORARY EXTENSION OF EXTENDED ‘‘(1) IN GENERAL.—Under rules prescribed fied by Internal Revenue Service Revenue PERIOD OF PROTECTIONS FOR MEM- by the Secretary, except as provided in para- Rulings 2004–67, 2011–1, and 2014–24), or any BERS OF UNIFORMED SERVICES RE- graph (2), no amount shall be includible in subsequent revenue ruling that supersedes or LATING TO MORTGAGES, MORTGAGE gross income by reason of— modifies such revenue ruling, without ad- FORECLOSURE, AND EVICTION. ‘‘(A) a transfer of all or a portion of the ac- versely affecting the tax status of the group Section 710(d) of the Honoring America’s crued benefit of a participant or beneficiary, trust, such plan, account, or organization, or Veterans and Caring for Camp Lejeune Fami- whether or not vested, from a church plan any other plan or trust that invests in the lies Act of 2012 (Public Law 112–154; 50 U.S.C. that is a plan described in section 401(a) or group trust. 3953 note) is amended—

VerDate Sep 11 2014 03:19 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.046 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 10, 2015 CONGRESSIONAL RECORD — SENATE S8619 (1) in paragraph (1), by striking ‘‘December the assets ‘‘shall be subject to execu- Mr. President, I ask unanimous con- 31, 2015’’ and inserting ‘‘December 31, 2017’’; tion or attachment in aid of execution sent that the resolution be agreed to, and in order to satisfy any judgment to the the preamble be agreed to, and the mo- (2) in paragraph (3), by striking ‘‘January extent of any compensatory damages tions to reconsider be laid upon the 1, 2016’’ and inserting ‘‘January 1, 2018’’. awarded against Iran.’’ 22 U.S.C. table with no intervening action or de- f § 8772(a)(1), (b). It also expressly dis- bate. DIRECTING SENATE LEGAL claimed any effect on ‘‘any [other] pro- The PRESIDING OFFICER. Without COUNSEL ceedings.’’ 22 U.S.C. § 8772(c)(1). Before objection, it is so ordered. permitting execution against the as- The resolution (S. Res. 333) was Mr. MCCONNELL. Mr. President, I sets, the statute required the court to agreed to. ask unanimous consent that the Sen- determine both whether Iran holds The preamble was agreed to. ate proceed to the consideration of S. title or interest in the assets and (The resolution, with its preamble, is Res. 333, submitted earlier today. whether any ‘‘other person possesses a printed in today’s RECORD under ‘‘Sub- The PRESIDING OFFICER. The constitutionally protected interest in mitted Resolutions.’’) clerk will report the resolution by the assets.’’ 22 U.S.C. § 8772(a)(2). f title. Bank Markazi challenged section 502 The legislative clerk read as follows: as unconstitutional for violating the ORDERS FOR MONDAY, DECEMBER A resolution (S. Res. 333) to direct the Sen- separation of powers between the legis- 14, 2015 ate Legal Counsel to appear as amicus curiae lative and judicial branches explicated in the name of the Senate in Bank Markazi, Mr. MCCONNELL. Mr. President, I in United States v. Klein, 80 U.S. (13 ask unanimous consent that when the The Central Bank of Iran v. Deborah D. Wall.) 128 (1871), by effectively dic- Peterson, et al. (S. Ct.) Senate completes its business today, it tating the outcome of a single case. There being no objection, the Senate adjourn until 3 p.m. on Monday, De- After making the statutory determina- cember 14; that following the prayer proceeded to consider the resolution. tions that Iran and only Iran held a Mr. MCCONNELL. Mr. President, the and pledge, the morning hour be beneficial interest in the assets, the deemed expired, the Journal of pro- Supreme Court has taken up a case district court rejected Bank Markazi’s presenting the question whether a pro- ceedings be approved to date, and the constitutional challenge. Peterson v. time for the two leaders be reserved for vision of the Iran Threat Reduction Islamic Republic of Iran, slip op and Syria Human Rights Act of 2012, their use later in the day; further, that (S.D.N.Y. March 13, 2013), 2013 WL following leader remarks, the Senate which provides terrorism victims in 1155576. The court, noting it was re- the case of Peterson v. Islamic Repub- be in a period of morning business until quired to determine whether Iran holds 5 p.m., with Senators permitted to lic of Iran, Case No. 10 Civ. 4518, filed in title or interest in the assets, as well the Southern District of New York, speak therein for up to 10 minutes as whether any other party holds a pro- each; finally, that at 5 p.m., the Senate with the right, notwithstanding any tected interest in the assets, held that other law, to obtain money damages then proceed to executive session as ‘‘[t]he statute does not itself ‘find’ under the previous order. for existing judgments against Iran turnover required; such determination from certain Iranian bonds held in the The PRESIDING OFFICER. Without is specifically left to the Court.’’ Id. at objection, it is so ordered. United States, violates the separation 31. of powers. On appeal, a unanimous Second Cir- f The plaintiffs here are victims and cuit panel affirmed. Peterson v. Is- families of victims of Iran-sponsored ADJOURNMENT UNTIL MONDAY, lamic Republic of Iran, 758 F.3d 185 (2d DECEMBER 14, 2015, AT 3 P.M. terrorist attacks, including the 1983 Cir. 2014). The appellate court noted Beirut Marine barracks bombing and that ‘‘while Klein illustrates that Con- Mr. MCCONNELL. Mr. President, if the 1996 Khobar Towers bombing, who gress may not ‘usurp[] the adjudicative there is no further business to come be- hold billions of dollars in unpaid com- function assigned to the federal fore the Senate, I ask unanimous con- pensatory damages judgments against courts,’ later cases have explained that sent that it stand adjourned under the Iran. In 2010, they initiated an action Congress may ‘chang[e] the law appli- previous order. in Federal court seeking turnover of cable to pending cases,’ even when the There being no objection, the Senate, $1.75 billion in bond assets held by result under the revised law is clear.’’ at 6:32 p.m., adjourned until Monday, Citibank in New York, which through Id. at 191 (citations omitted). December 14, 2015, at 3 p.m. two foreign intermediary banks were Bank Markazi filed a petition for cer- f ultimately owned by Bank Markazi, tiorari with the Supreme Court. After the Central Bank of Iran, which is calling for and receiving the views of DISCHARGED NOMINATION wholly owned by the Iranian Govern- the United States Solicitor General, The Senate Committee on Environ- ment. who filed an opposition to certiorari ment and Public Works was discharged Plaintiffs argued they were entitled defending the constitutionality of sec- from further consideration of the fol- to the assets under the Terrorism Risk tion 502, the Supreme Court granted lowing nomination unanimous consent Insurance Act of 2002, TRIA, which per- certiorari. and the nomination was confirmed: mits the satisfaction of terrorism judg- Title VII of the Ethics in Govern- RICHARD CAPEL HOWORTH, OF MISSISSIPPI, TO BE A ments from ‘‘the blocked assets of any ment Act authorizes the Senate to ap- MEMBER OF THE BOARD OF DIRECTORS OF THE TEN- NESSEE VALLEY AUTHORITY FOR A TERM EXPIRING agency or instrumentality of th[e] ter- pear as an amicus curiae in any legal MAY 18, 2020. rorist party.’’ Pub. L. No. 107–297, action in which the powers and respon- f § 201(a), 116 Stat. 2322, 2337. Bank sibilities of the Congress under the Markazi argued the assets were not Constitution are placed in issue. Ap- CONFIRMATIONS subject to execution under TRIA be- pearance as an amicus curiae in this Executive nominations confirmed by cause they were held on behalf of inter- case would enable the Senate to re- the Senate December 10, 2015: mediaries and therefore, under control- spond to Bank Markazi’s contention DEPARTMENT OF ENERGY ling state law, those assets could not that this law infringes on the judi- be considered Iran’s property. CHERRY ANN MURRAY, OF KANSAS, TO BE DIRECTOR ciary’s constitutional power to decide OF THE OFFICE OF SCIENCE, DEPARTMENT OF ENERGY. Against that backdrop and with cases and controversies and to present MORRIS K. UDALL AND STEWART L. UDALL plaintiffs’ motion for seeking execu- to the Court the basis for the Senate’s FOUNDATION tion pending, Congress enacted section conviction that the law is consistent ERIC DRAKE EBERHARD, OF WASHINGTON, TO BE A 502 of the Iran Threat Reduction and with the Constitution. MEMBER OF THE BOARD OF TRUSTEES OF THE MORRIS Syria Human Rights Act of 2012. 22 This resolution would authorize the K. UDALL AND STEWART L. UDALL FOUNDATION FOR A U.S.C. § 8772. That statute identified Senate legal counsel to appear in this TERM EXPIRING OCTOBER 6, 2018. plaintiffs’ case by name and docket case in the Senate’s name as amicus IN THE MARINE CORPS number and directed that, ‘‘notwith- curiae to support the constitutionality THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE OF LIEUTENANT GENERAL IN THE standing any other provision of law’’ of the statute. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A

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POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER COL. CHRISTOPHER A. STRATMANN COL. JOHN C. KUBINEC TITLE 10, U.S.C., SECTION 601: COL. PETER F. SULLIVAN, JR. COL. DOUGLAS K. LAMBERTH COL. TAMI S. THOMPSON COL. LANCE K. LANDRUM To be lieutenant general COL. JOSEPH B. WILSON COL. JEANNIE M. LEAVITT LT. GEN. JOHN E. WISSLER COL. GREGORY S. WOODROW COL. WILLIAM J. LIQUORI, JR. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COL. MICHAEL J. LUTTON IN THE NAVY STATES OFFICER FOR APPOINTMENT IN THE RESERVE COL. COREY J. MARTIN COL. TOM D. MILLER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF THE AIR FORCE TO THE GRADE INDICATED UNDER COL. RICHARD G. MOORE, JR. AS THE CHIEF OF THE BUREAU OF MEDICINE AND SUR- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COL. JAMES D. PECCIA III GERY AND SURGEON GENERAL AND FOR APPOINTMENT To be major general COL. HEATHER L. PRINGLE IN THE UNITED STATES NAVY TO THE GRADE INDICATED COL. MICHAEL J. SCHMIDT UNDER TITLE 10, U.S.C., SECTIONS 601 AND 5137: BRIG. GEN. EDWARD P. MAXWELL COL. JAMES R. SEARS, JR. To be vice admiral THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COL. DANIEL L. SIMPSON STATES OFFICERS FOR APPOINTMENT IN THE RESERVE COL. MARK H. SLOCUM REAR ADM. CLINTON F. FAISON III OF THE AIR FORCE TO THE GRADE INDICATED UNDER COL. ROBERT S. SPALDING III IN THE ARMY TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COL. WILLIAM A. SPANGENTHAL COL. EDWARD W. THOMAS, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major general COL. JOHN T. WILCOX II AS THE SURGEON GENERAL, UNITED STATES ARMY, AND BRIG. GEN. ROBERT C. BOLTON COL. MICHAEL P. WINKLER FOR APPOINTMENT IN THE UNITED STATES ARMY TO BRIG. GEN. CHARLES W. CHAPPUIS, JR. THE GRADE INDICATED WHILE ASSIGNED TO A POSITION BRIG. GEN. DAWNE L. DESKINS SMALL BUSINESS ADMINISTRATION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, BRIG. GEN. TIMOTHY L. FRYE DARRYL L. DEPRIEST, OF ILLINOIS, TO BE CHIEF COUN- U.S.C., SECTIONS 601 AND 3036: BRIG. GEN. PAUL D. JACOBS SEL FOR ADVOCACY, SMALL BUSINESS ADMINISTRA- To be lieutenant general BRIG. GEN. MARK E. JANNITTO TION. BRIG. GEN. RONALD W. SOLBERG MAJ. GEN. NADJA Y. WEST BRIG. GEN. JAMES K. VOGEL IN THE AIR FORCE THE FOLLOWING ARMY NATIONAL GUARD OF THE BRIG. GEN. WILLIAM L. WELSH AIR FORCE NOMINATIONS BEGINNING WITH BRYAN K. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- BRIG. GEN. WAYNE A. ZIMMET ALLEN AND ENDING WITH GARRICK H. YOKOE, WHICH SERVE OF THE ARMY TO THE GRADE INDICATED UNDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TITLE 10, U.S.C., SECTIONS 12203 AND 12211: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE 19, 2015. To be brigadier general AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COL. EDWARD E. HILDRETH III 601: IN THE ARMY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant general ARMY NOMINATION OF JAMES D. FERGUSON, TO BE TO THE GRADE INDICATED IN THE UNITED STATES ARMY MAJOR. UNDER TITLE 10, U.S.C., SECTION 624: MAJ. GEN. JOHN D. BANSEMER ARMY NOMINATIONS BEGINNING WITH KELVIN L. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BROWN AND ENDING WITH PAUL L. WAGNER II, WHICH To be brigadier general IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL JENNIFER G. BUCKNER PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER COLONEL SEAN A. GAINEY To be brigadier general 19, 2015. COLONEL DAVID T. ISAACSON ARMY NOMINATIONS BEGINNING WITH DAESOO LEE COLONEL PATRICK B. ROBERSON COL. RUSSELL A. MUNCY AND ENDING WITH BRIAN D. RAY, WHICH NOMINATIONS IN THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- CONGRESSIONAL RECORD ON NOVEMBER 19, 2015. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED CATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATION OF WAYNE W. SANTOS, TO BE COLO- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE NEL. OF THE AIR FORCE TO THE GRADE INDICATED UNDER To be brigadier general ARMY NOMINATION OF ANTHONY J. FADELL, TO BE TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COL. PATRICIA N. BEYER COLONEL. ARMY NOMINATION OF RICARDO ALONSOJOURNET, TO To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE COLONEL. IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- ARMY NOMINATION OF JEFFREY M. SLOAN, TO BE COL. BLAKE A. GETTYS CATED UNDER TITLE 10, U.S.C., SECTION 12203: COL. KAREN E. MANSFIELD COLONEL. To be brigadier general ARMY NOMINATIONS BEGINNING WITH ANDREW C. DIL- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED LON AND ENDING WITH ANDRE R. HOLDER, WHICH NOMI- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE COL. CHRISTOPHER W. LENTZ NATIONS WERE RECEIVED BY THE SENATE AND AP- OF THE AIR FORCE TO THE GRADE INDICATED UNDER PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- 19, 2015. To be brigadier general CATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATION OF REBECCA R. TOMSYCK, TO BE COLONEL. COL. TODD M. BRANDEN To be brigadier general ARMY NOMINATION OF EVERETT S. P. SPAIN, TO BE COL. MARK A. CROSBY COLONEL. COL. FERMIN A. RUBIO COL. LEE ANN T. BENNETT ARMY NOMINATION OF SHANE R. REEVES, TO BE LIEU- COL. RICHARD M. CASTO TENANT COLONEL. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COL. JONATHAN M. ELLIS STATES OFFICERS FOR APPOINTMENT IN THE RESERVE ARMY NOMINATIONS BEGINNING WITH DAVID E. COL. JAMES J. FONTANELLA BENTZEL AND ENDING WITH BRIAN U. T. KIM, WHICH OF THE AIR FORCE TO THE GRADE INDICATED UNDER COL. JOHN P. HEALY TITLE 10, U.S.C., SECTIONS 12203 AND 12212: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COL. DANIEL J. HEIRES PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER To be brigadier general COL. ROBERT A. HUSTON 19, 2015. COL. WILLIAM R. KOUNTZ, JR. ARMY NOMINATIONS BEGINNING WITH TERESA L. COL. DAVID M. BAKOS COL. ALBERT V. LUPENSKI BRININGER AND ENDING WITH RICHARD A. VILLARREAL, COL. VANCE C. BATEMAN COL. TYLER D. OTTEN WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COL. SANDRA L. BEST COL. RUSSELL P. REIMER AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- COL. JEFFREY C. BOZARD COL. HAROLD E. ROGERS, JR. VEMBER 19, 2015. COL. WILLIAM D. BUNCH COL. TRACEY A. SIEMS ARMY NOMINATIONS BEGINNING WITH KEVIN R. BASS COL. RAFAEL CARRERO AND ENDING WITH D003940, WHICH NOMINATIONS WERE COL. LARRY K. CLARK IN THE ARMY RECEIVED BY THE SENATE AND APPEARED IN THE CON- COL. KEVIN D. CLOTFELTER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GRESSIONAL RECORD ON NOVEMBER 19, 2015. COL. MARSHALL C. COLLINS TO THE GRADE INDICATED IN THE UNITED STATES ARMY ARMY NOMINATIONS BEGINNING WITH KIMBERLIE A. COL. JAMES N. COX UNDER TITLE 10, U.S.C., SECTION 624: BIEVER AND ENDING WITH PAMELA M. WULF, WHICH COL. JASON R. CRIPPS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COL. CHRISTOPHER S. CROXTON To be major general PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER COL. FRANCIS N. DETORIE 19, 2015. COL. RUBEN FERNANDEZ–VERA BRIG. GEN. JOHN C. THOMSON III ARMY NOMINATIONS BEGINNING WITH DAVID BARRETT COL. JOHN T. FERRY THE FOLLOWING ARMY NATIONAL GUARD OF THE AND ENDING WITH JENNIFER S. ZUCKER, WHICH NOMINA- COL. JOHN E. FLOWERS UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- TIONS WERE RECEIVED BY THE SENATE AND APPEARED COL. MICHAEL J. FRANCIS SERVE OF THE ARMY TO THE GRADE INDICATED UNDER IN THE CONGRESSIONAL RECORD ON NOVEMBER 19, 2015. COL. VINCENT R. FRANKLIN TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ARMY NOMINATIONS BEGINNING WITH DAVID W. LAWS COL. CLAY L. GARRISON AND ENDING WITH JOHN E. SWANBERG, WHICH NOMINA- COL. KEVIN J. HEER To be major general TIONS WERE RECEIVED BY THE SENATE AND APPEARED COL. DANA A. HESSHEIMER BRIG. GEN. SYLVIA R. CROCKETT IN THE CONGRESSIONAL RECORD ON NOVEMBER 19, 2015. COL. GENE W. HUGHES, JR. ARMY NOMINATION OF WILLIAM A. ALTMIRE, TO BE COL. JAMES T. JOHNSON IN THE AIR FORCE COLONEL. COL. GREGORY F. JONES ARMY NOMINATION OF JESUS J. T. NUFABLE, TO BE COL. MARSHALL L. KJELVIK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL. COL. JAMES R. KRIESEL IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ARMY NOMINATIONS BEGINNING WITH RUBEN COL. RONALD S. LAMBE CATED UNDER TITLE 10, U.S.C., SECTION 624: BERMUDEZPAGAN AND ENDING WITH TODD W. SCHAF- COL. ANDREW J. MACDONALD To be brigadier general FER, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- COL. STEPHEN J. MAHER ATE AND APPEARED IN THE CONGRESSIONAL RECORD COL. MATTHEW J. MANIFOLD COL. KENNETH T. BIBB, JR. ON NOVEMBER 19, 2015. COL. MAREN MCAVOY COL. ANGELA M. CADWELL ARMY NOMINATION OF JOSHUA A. CARLISLE, TO BE COL. GREGORY S. MCCREARY COL. MARTIN A. CHAPIN LIEUTENANT COLONEL. COL. STEPHEN B. MEHRING COL. JAMES R. CLUFF ARMY NOMINATION OF WILLIAM C. MOORHOUSE, TO BE COL. JESSICA MEYERAAN COL. CHARLES S. CORCORAN LIEUTENANT COLONEL. COL. BILLY M. NABORS COL. SEAN M. FARRELL ARMY NOMINATION OF GREGG T. OLSOWY, TO BE LIEU- COL. JEFFREY L. NEWTON COL. CHAD P. FRANKS TENANT COLONEL. COL. PETER NEZAMIS COL. ALEXUS G. GRYNKEWICH ARMY NOMINATION OF ROGER S. GIRAUD, TO BE COLO- COL. PATRICK R. RENWICK COL. TIMOTHY D. HAUGH NEL. COL. STEPHEN M. RYAN COL. CHRISTOPHER D. HILL ARMY NOMINATION OF STEVEN M. WILKE, TO BE COLO- COL. PETER R. SCHNEIDER COL. ERIC T. HILL NEL. COL. GREGORY N. SCHNULO COL. SAMUEL C. HINOTE COL. GREG A. SEMMEL COL. WILLIAM G. HOLT II IN THE NAVY COL. RAY M. SHEPARD COL. LINDA S. HURRY COL. MARC A. SICARD COL. MATTHEW C. ISLER NAVY NOMINATION OF KENNETH C. COLLINS II, TO BE COL. PAUL R. SILVESTRI COL. KYLE J. KREMER CAPTAIN.

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IN THE COAST GUARD SENATE AND APPEARED IN THE CONGRESSIONAL RUSSEL, WHICH NOMINATIONS WERE RECEIVED BY THE RECORD ON NOVEMBER 19, 2015. SENATE AND APPEARED IN THE CONGRESSIONAL COAST GUARD NOMINATIONS BEGINNING WITH RECORD ON NOVEMBER 19, 2015. CORINNA M. FLEISCHMANN AND ENDING WITH KIM- FOREIGN SERVICE FOREIGN SERVICE NOMINATIONS BEGINNING WITH BERLY C. YOUNG–MCLEAR, WHICH NOMINATIONS WERE CHRISTOPHER VOLCIAK AND ENDING WITH EDWARD L. RECEIVED BY THE SENATE AND APPEARED IN THE CON- FOREIGN SERVICE NOMINATION OF DANIEL SYL- ROBINSON III, WHICH NOMINATIONS WERE RECEIVED BY GRESSIONAL RECORD ON NOVEMBER 19, 2015. VESTER CRONIN. THE SENATE AND APPEARED IN THE CONGRESSIONAL COAST GUARD NOMINATIONS BEGINNING WITH MI- FOREIGN SERVICE NOMINATION OF DERELL KENNEDO. RECORD ON NOVEMBER 19, 2015. CHAEL S. ADAMS, JR. AND ENDING WITH JAMES R. ZOLL, FOREIGN SERVICE NOMINATIONS BEGINNING WITH JR., WHICH NOMINATIONS WERE RECEIVED BY THE SEN- STEVEN CARL AABERG AND ENDING WITH SANDRA M. TENNESSEE VALLEY AUTHORITY ATE AND APPEARED IN THE CONGRESSIONAL RECORD ZUNIGA GUZMAN, WHICH NOMINATIONS WERE RECEIVED ON NOVEMBER 19, 2015. BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RICHARD CAPEL HOWORTH, OF MISSISSIPPI, TO BE A COAST GUARD NOMINATIONS BEGINNING WITH JASON RECORD ON NOVEMBER 10, 2015. MEMBER OF THE BOARD OF DIRECTORS OF THE TEN- C. ALEKSAK AND ENDING WITH YAMASHEKA Z. YOUNG– FOREIGN SERVICE NOMINATIONS BEGINNING WITH NESSEE VALLEY AUTHORITY FOR A TERM EXPIRING MCLEAR, WHICH NOMINATIONS WERE RECEIVED BY THE JAMES F. ENTWISTLE AND ENDING WITH DANIEL R. MAY 18, 2020.

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