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

Vol. 162 WASHINGTON, WEDNESDAY, JUNE 29, 2016 No. 105 House of Representatives The House was not in session today. Its next meeting will be held on Friday, July 1, 2016, at 9 a.m. Senate WEDNESDAY, JUNE 29, 2016

The Senate met at 9:30 a.m. and was RECOGNITION OF THE MAJORITY ‘‘Senate Dems block House Zika called to order by the President pro LEADER funding.’’ tempore (Mr. HATCH). The PRESIDING OFFICER (Mr. That last article goes on to say: PAUL). The majority leader is recog- ‘‘Senate Democrats . . . blocked a crit- f nized. ical funding measure needed to combat the spreading Zika virus, a move that f PRAYER will now make it impossible for Con- TERROR ATTACK IN ISTANBUL gress to send legislation to President The Chaplain, Dr. Barry C. Black, of- Obama before July 4.’’ fered the following prayer: Mr. MCCONNELL. Mr. President, yes- Our Democratic friends are working Let us pray. terday our NATO ally Turkey suffered hard to spin this, but families don’t God, our deliverer, as the tragedy in a devastating terror attack at Istanbul’s main airport that quickly want excuses, they want action. Yes- Turkey reminds us of the dangerous, terday, Senate Democrats listened to discordant, and demonic forces in our brought to mind ISIL’s attack in Brus- sels earlier this year. the demands of a partisan special inter- world, we look to You, our light and est group and turned their backs on salvation. Show us how to please You We do not know yet if this attack was launched by ISIL or the PKK, but women’s health and fighting Zika. as we remember that righteousness ex- First, they demanded congressional ac- alts a nation, and sin destroys. we do know that our intelligence com- munity will do all it can to help the tion on Zika. Then, in the midst of May our lawmakers make obedience Turks combat terrorism and defeat mosquito season, Democrats chose par- to You the bottom line in their labors. this threat. As CIA Director John tisan politics over $1.1 billion in crit- Teach them to know and comply with Brennan reminded us all earlier this ical funds to protect pregnant women Your commands as they never forget month, ‘‘[D]espite all of our progress and babies from Zika—after the Demo- that obedience brings blessings. Lord, against ISIL on the battlefield and in crats voted for the same $1.1 billion give them the wisdom to make an abso- the financial realm, our efforts have funding level just last month. lute commitment to honor You above not reduced the group’s terrorism capa- Yesterday, Senate Democrats lis- all else. Provide them with the bility and its global reach.’’ tened to the demands of a partisan spe- strength to defeat temptation as they In recent days Turkey has taken dip- cial interest group and turned their remember that You provide a way of lomatic steps to improve bilateral rela- backs on supporting our veterans. escape from every test. Equip them for tions with Russia and Israel, and now First, they demanded more funding for whatever task and challenges they the United States must extend its hand veterans. Then, just before the Fourth must tackle. to our NATO partners and assure them of July, Democrats chose partisan poli- We pray in Your strong Name. Amen. that we will stand with them in the tics over significantly increasing re- face of this attack and work together sources for veterans’ health care. f to defeat ISIL. In the coming days, Democrats will f hear from constituents back home who PLEDGE OF ALLEGIANCE want to know what they are doing to ZIKA VIRUS AND VA–MILCON The President pro tempore led the keep them safe from the threat of Zika FUNDING BILL Pledge of Allegiance, as follows: and what they are doing to support our I pledge allegiance to the Flag of the Mr. MCCONNELL. Mr. President, let veterans. Democrats will have to ex- United States of America, and to the Repub- me read some headlines. plain why they chose not to do their lic for which it stands, one nation under God, ‘‘Senate Democrats block Zika agree- job and instead blocked funding for the indivisible, with liberty and justice for all. ment ahead of recess.’’ Zika crisis and for our Nation’s heroes.

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

S4683

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VerDate Sep 11 2014 06:42 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.000 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4684 CONGRESSIONAL RECORD — SENATE June 29, 2016 I have moved to reconsider the legis- Doing nothing is not an option. We Understand how the House of Rep- lation, and we will give everybody on must act now to prevent matters from resentatives works—and stunningly, the other side a chance to think about getting worse. The House already the Republicans over here accept what that during the Fourth of July. We will passed this bipartisan bill with the they do in the House. In the House of get back to that when we get back. backing of nearly 300 Members. Now it Representatives, they have what is f is the Senate’s turn to send this to the called the Hastert rule, named after a Congressman from Illinois who was the PUERTO RICO President’s desk immediately. Speaker of the House for a number of f Mr. MCCONNELL. Mr. President, the years. He created what was called the U.S. territory of Puerto Rico is in cri- RECOGNITION OF THE MINORITY Hastert rule. What that was is, you had sis. It owes billions of dollars in debt, LEADER to deal only with legislation that had and without prompt congressional ac- enough votes to pass it with Repub- tion, it could be forced to leave resi- The PRESIDING OFFICER. The Democratic leader is recognized. lican votes. They didn’t want Demo- dents without essential services such crats to be involved, and they are still as hospitals and public safety re- f that way. sources. If we don’t act before the is- ISIS Even though Hastert’s in prison, they land misses a critical debt payment follow the Hastert rule. As a result of Mr. REID. Mr. President, often the deadline this Friday, matters will only that, in the dead of night last week, Republican leader comes to the floor get a lot worse—for Puerto Rico and Republicans in the House—and I mean and complains about the battle against for taxpayers. President Obama’s the dead of the night. Remember the ISIS without ever offering a word as to Treasury Secretary warns that Puerto House had been taken over by the what he would do that is not being Rico could be forced to ‘‘lay off police House Democrats because they were done by President Obama and the rest officers, shut down public transit, and upset about what had not been done of the allied forces. But let’s talk a lit- close medical facilities.’’ This could with guns. The event was interrupted tle bit about the progress that has been very well result in a taxpayer-funded for probably less than a minute, and bailout. made. the House was called back into session. Today, however, we have an oppor- Is it all done? Of course not. We are The House passed with no discussion tunity to help Puerto Rico in the face working on that every day. Since the whatsoever the conference report deal- of this crisis and prevent a taxpayer height of the ISIS power, U.S. and coa- bailout by passing the responsible bi- ing with Zika. lition forces have captured about 50 As could only be understood by some- partisan bill before us. This bill will percent of the land ISIS once held in one understanding what the Hastert not cost taxpayers a dime—not a dime. Iraq, and they are losing land every rule is, here is what they did. They had What it will do is help Puerto Rico re- day. ISIS has lost 20 percent of the to get all the crazies over there—I am structure its financial obligations and land it held in Syria. Ramadi and sorry to use that term. That is the provide much needed oversight to put Tikrit were key victories for the U.S.- term Speaker Boehner used, and the in place needed reforms. It achieves backed Iraqi forces. Iraqi forces cap- more I see of this, I think he had it this with an audit of the island’s fi- tured the city of Fallujah in the last nances and the establishment of what pretty down pat. They did everything few days and are now working to put they could to go after all the pet the Washington Post has called ‘‘an out the next pockets of resistance in impartial panel of experts’’ to bring projects of Republicans. They hate that key Al Anbar Province town. As Planned Parenthood. They hate it, desperately needed transparency and we speak, Kurdish, Iraq, and Syrian reform to Puerto Rico’s fiscal oper- even though millions of Americans get Democratic forces backed by the U.S. their care there. This Zika disease ations. Special Forces are making prepara- Puerto Rico currently spends over a causes young women to be concerned tions to retake ISIS’s key strongholds about birth control. About one out of third of its budget on debt payments in Mosul and Raqqa in Iraq. We have alone. By restructuring Puerto Rico’s every five women will get care at killed more than 25,000 ISIS fighters Planned Parenthood at some point in financial debt and helping reform its and 120 key ISIS leaders. We have cut operations, this bill will allow the ter- their lives. But what did Republicans ISIS funds by up to one-third and some do? They said: We are going to restrict ritory to invest more of its resources in say approaching 50 percent. We have growing the economy and creating funding for birth control provided by drastically slowed the flow of foreign Planned Parenthood. Why would they more opportunities for its residents. recruits from a high of about 2,000 a Obviously, the bill isn’t perfect, but do that? Only to get votes from those month in 2014 to 200 a month today. crazies over there. here is why we should support it: It The same goes for the young Ameri- will not cost taxpayers a dime, it pre- They exempted pesticide spraying cans who have sought to travel and vents a bailout, and it offers Puerto from clean water. What we need to do join ISIS abroad. A year ago, about 10 Rico the best chance to return to fi- with these mosquitoes—in addition to Americans a month—hard to com- nancial stability and economic growth inventing vaccines and other medicines prehend that, but it is true—were leav- over the long term, so we can help pre- to fight this plague, we also have to ing to join ISIS. That is now num- vent another financial crisis like this kill the mosquitoes, and we do that by bering about one a month. in the future. In short, it is ‘‘just the spraying. That works better than any- At home the FBI is cracking down on first step,’’ as the Governor of Puerto thing else. Of course, the Republicans, recruits. They are doing a good job. It Rico said, ‘‘in what will be . . . [a] long hating environmental laws, went after is a tough job. Are they going to be road to recovery’’ for the island. But it the Clean Water Act, which has been in is the most responsible, taxpayer- able to get it all done quickly enough? existence for decades. friendly step we can take right now. We don’t know, but they are doing Just to make sure that they covered So let me remind my colleagues that their best. Over the past 2 years the all their bases, they whacked veterans Puerto Rico faces a critical deadline FBI has arrested 80 individuals on funding by $500 million below the Sen- this Friday, 2 days from today. This is ISIS-related charges. Prosecutions ate bill. Those were for processing the best and possibly the only action have gone forward, and with rare ex- claims of veterans. What do we hear we can take to help Puerto Rico. As ception, they have all gone forward complaints about? Processing claims. Secretary Jack Lew put it, ‘‘[D]oing successfully. Well, they took care of that. They nothing now to end the debt crisis will f want to cut $500 million from Sec- result in a chaotic, disorderly retary McDonald’s budget so he cannot unwinding with widespread con- ZIKA VIRUS AND VA–MILCON process claims very quickly. It cuts sequences.’’ It is the surest route to FUNDING BILL Ebola funding by $107 million and re- both the taxpayer-funded bailout of Mr. REID. Mr. President, the Repub- scinds $543 million from ObamaCare. Puerto Rico and a humanitarian crisis lican leader came here yesterday and Just for good measure, I guess they had for its people. These are all things we came here again this morning talking to make sure they had all the southern should avoid. about Zika. votes. They said: What we are going to

VerDate Sep 11 2014 06:42 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.001 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4685 do now is strike a prohibition on dis- participation is substantially below the While much work still needs to be playing the Confederate flag. So if they U.S. average. Puerto Ricans on the is- done, this legislation meets the Treas- got their way, you could fly Confed- land are fleeing to the mainland at an ury’s criteria, and it is a step in the erate flags on any military cemetery alarming rate. right direction. you want. And, of course, it sets a ter- Even as Puerto Rico was drowning in Not acting today to provide Puerto rible precedent by offsetting emer- more than $70 billion of debt and forced Rico with debt relief and protection gency spending with offsets like to take unprecedented austerity meas- from creditors’ lawsuits will have dire ObamaCare, cutting Ebola money. ures, Republicans in Congress dithered. consequences and worsen the crisis. We did the right thing. All the They continued to waffle. Finally, this Puerto Rico’s only elected represent- press—you might find a headline some- spring congressional Republican lead- ative in Congress, Resident Commis- place on some rightwing blog, but the ers agreed to negotiate and address sioner PEDRO PIERLUISI, said it best in fact is, the Republicans know they this economic and fiscal emergency. a letter he sent to me: failed on funding Zika, and all the The legislation before us is far from PROMESA— press indicates that is the case. perfect. Oh, is it far from perfect. What they have done to labor, minimum Which is a word meaning ‘‘promise’’ f wage, the oversight board, environ- in Spanish, and that is the name of this PUERTO RICO mental—it is bad stuff. It is far from bill— is an imperfect but indispensable bill that Mr. REID. Mr. President, today we perfect. I share my colleagues’ very deep concerns about this compromise constitutes the only realistic means to pre- are going to finally consider legislation vent the collapse of Puerto Rico’s govern- addressing Puerto Rico’s economic cri- legislation. ment; to protect regular citizens, pension sis. If Republicans were serious about plan participants and bondholders; to stem For the past year and even longer, pro-growth measures, they should have the tide of Puerto Rico families moving to Democrats in both Houses of Congress addressed some of the disparities Puer- the states; to enable the Puerto Rico govern- have proposed legislation that would to Rico faces under Federal programs. ment to regain access to the credit markets; empower Puerto Rico to adjust a sig- They should have worked with us to fix and to lay the groundwork for Puerto Rico’s nificant portion of its debt. Every time Puerto Rico’s unequal treatment under economy to grow. we have tried, it has been blocked by Medicaid and Medicare or extend key The Resident Commissioner is cor- the Republicans. refundable tax credits to the island’s rect. Mr. President, 3.5 million Amer- As the weeks and months passed government. Republicans should have ican citizens who call Puerto Rico without a solution, the situation in extended overtime rules and the min- home need this relief, and they need it Puerto Rico has worsened, and that is imum wage. now. We should pass this legislation an understatement. I take issue with the oversight board today and give Puerto Rico the relief it In the New York Times this morning, and their excessive powers and appoint- so desperately needs. the editorial board stressed the impor- ment structure. Mr. President, would the Chair an- For all the Republican leader’s prom- tance of congressional action, and I nounce the business of the day. ises about an open amendment process, quote what they said: f Democrats have not been allowed to The fiscal crisis in Puerto Rico is also a offer amendments to improve the bill. RESERVATION OF LEADER TIME humanitarian crisis. The Senate now has an opportunity—and the obligation—to address The tree is filled. How many times did The PRESIDING OFFICER. Under both. It is scheduled to vote on Wednesday we hear the Republican leader come to the previous order, the leadership time on a bill already approved by the House that the floor and say: Oh, it is terrible; is reserved. would restructure the island’s debt and could REID has filled the tree. Well, I should f create the conditions for recovery. have waited and taken some lessons If the bill loses, Puerto Rico will default on from him. We will just add that broken NATIONAL SEA GRANT COLLEGE Friday on a $2 billion debt payment, credi- promise to the Republican leader’s PROGRAM AMENDMENTS ACT OF tors will keep suing for full repayment and growing list of not keeping his word, 2015 essential services on the island, including health, sanitation, education, electricity, such as the budget, a full workweek, The PRESIDING OFFICER. Under public transportation and public safety, will and tax credits that are so vital to re- the previous order, the Senate will re- continue to decline. newable energy projects. sume consideration of the House mes- If Democrats had written this bill, it The economic crisis is a humani- sage to accompany S. 2328, which the would be very different from what we tarian disaster. Medical services have clerk will report. are voting on today. But I am going to diminished. Hospitals are unable to pay The bill clerk read as follows: vote for passage of this bill because we their bills. Puerto Rico’s largest hos- House message to accompany S. 2328, a bill must help Puerto Rico before July 1. pital has closed two of its wings and re- to reauthorize and amend the National Sea Otherwise, we turn that island nation— Grant College Program Act, and for other duced the number of beds by 25 percent country, I should say—all American purposes. and cut pay for all employees. Elec- citizens—turn them over to the hedge tricity at one hospital, the Santa Rosa Pending: funds, and they will sue them to death, Hospital, was suspended for lack of McConnell motion to concur in the House and that is too bad. We must do some- payment. Can you imagine one of our amendment to the bill. thing now. McConnell motion to concur in the House hospitals having to close because the As the Democrats stated in a letter amendment to the bill, with McConnell electricity bill can’t be paid? Puerto that every Member of our caucus sent amendment No. 4865, to change the enact- Rico’s only air ambulance company to Senator MCCONNELL earlier this ment date. had to suspend operations. At the pedi- year, Puerto Rico needs a workable McConnell amendment No. 4866 (to amend- atric center in Puerto Rico’s primary ment No. 4865) of a perfecting nature. debt-restructuring process. medical center, pharmaceutical pro- McConnell motion to refer the House mes- While there are many things we may sage on the bill to the Committee on Energy viders are only going to supply chemo- not like about this legislation, at the therapy drugs COD, cash on delivery. and Natural Resources, with instructions, end of the day this legislation provides McConnell amendment No. 4867, to change How troubling is that? Children are tools that allow Puerto Rico to sur- the enactment date. being deprived of cancer treatment vive, to hopefully restructure a mean- McConnell amendment No. 4868 (to (the in- medication. ingful portion of its debt. I wish we had structions) amendment No. 4867), of a per- The effects of Puerto Rico’s debt cri- something better. fecting nature. sis reach beyond health care. Already, Secretary Lew sent a letter to Sen- McConnell amendment No. 4869 (to amend- ment No. 4868), of a perfecting nature. the Puerto Rican government has been ator MCCONNELL and to me a few days forced to close 150 schools. Leaders an- ago. The PRESIDING OFFICER. Under ticipate closing a total of 500 schools in [Puerto Rico’s] only hope for recovery and the previous order, the time until the the next few years. That would be half growth is legislation that authorizes the cloture vote will be equally divided be- of all public schools in Puerto Rico. tools necessary for better fiscal management tween the two leaders or their des- Businesses have shuttered. Labor force and a sustainable level of debt. ignees.

VerDate Sep 11 2014 01:20 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.003 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4686 CONGRESSIONAL RECORD — SENATE June 29, 2016 Several Senators addressed the deplorable that communities don’t posed for flood protection that had Chair. have the necessary resources to provide been studied for nearly 40 years. You The PRESIDING OFFICER. The Sen- clean, safe drinking water, as you can can study something to death and ator from Illinois. see on this chart. never get anything done. If this project Mr. DURBIN. Mr. President, par- This is not a partisan problem; this is had been prioritized and constructed in liamentary inquiry: How much time do a national crisis. A lot of the things we the early 2000s as we intended, then St. we have before the vote? are going to be talking about around John Parish in Louisiana and the sur- The PRESIDING OFFICER. There is this place—and we will see it today— rounding communities would not have 36 minutes remaining prior to the vote. are partisan. This is not. endured $600 million in damage from Mr. DURBIN. There is 18 minutes a The last WRDA took on the major re- Hurricane Isaac in 2012. side, I understand? forms, and now, 2 years later, it is time That is just a snapshot of what has The PRESIDING OFFICER. The Sen- for another WRDA to help clear up the been included in the WRDA bill. ator is correct. logjam of Corps projects—the Corps of Water resources and water infra- Mr. DURBIN. Is that divided on posi- Engineers—and address concerns with structure projects are integral to our tion on the bill or on a partisan basis? aging infrastructure. Too often we take everyday lives—as we see in the next The PRESIDING OFFICER. Between for granted how water resources and chart, the levees to protect our com- the two leaders or their designees. how water infrastructure projects af- munities from floodwaters; ports and Mr. DURBIN. Thank you. fect our daily lives. waterways that move American goods I see the Senator from Oklahoma Some will argue—unlike the highway and services to a global marketplace. seeking recognition. bill—that the WRDA bill is not consid- In addition to the traditional water The PRESIDING OFFICER. The Sen- ered a must-pass bill, that there is no resources projects and the provisions ator from Oklahoma. shutdown of a program. However, I that have dominated WRDA bills in the Mr. INHOFE. I thank the Senator would argue that the WRDA bill is a past, Senator BOXER and I decided to from Illinois. must-pass bill. go one step further and address the WATER RESOURCES DEVELOPMENT ACT Without WRDA, the 27 chiefs’ reports pressing water infrastructure crisis Mr. INHOFE. First, Mr. President, I included in the bill for port-deepening, facing this Nation. As we put this bill have been told I will have our time flood protection, and ecosystem res- together and we held hearings on crit- that I may use, and I appreciate that toration will get put back on the shelf, ical water resources and infrastruc- very much. and their construction will be delayed ture, we heard how communities are This morning we heard from the even further and it will cost much struggling to meet ever-growing clean ranking member—from both sides. I am more money later on to make that hap- water and safe drinking water man- going to bring up something here that pen. dates that are needed for flexibility everyone agrees on, and that is with Look at the aging infrastructure, the and for targeted assistance. the things we do in our committee—we lead pipes. We saw what happened in By the way, if people are wondering passed our highway bill, and we passed Michigan, and we are addressing these right now why we are dividing the time the TSCA bill. Right now, I wish to things, these kinds of problems. before voting on a bill, I was going to talk about the WRDA bill that is com- I have a letter addressed to Leader make this presentation yesterday, but the Senator from New Jersey domi- ing up. MCCONNELL and Majority Whip COR- nated the floor so that was not pos- I am on the floor today to express ur- NYN, with 31 signatures from my fellow gency to the often-neglected issues sur- Republicans, asking Republican leader- sible. Our witness representing rural water, rounding our Nation’s water resources ship to bring WRDA 2016 to the floor in Mr. Robert Moore from Madill, OK, rec- and water infrastructure. the next few weeks. ommended that we target the grant as- In my nearly five decades in elected I know my colleague Senator GRA- sistance program addressing issues of office, I have watched the impacts of HAM supports WRDA. He has been greatest necessity. These programs in- Congress prioritizing and failing to fighting to authorize the deepening of clude assistance for small and dis- prioritize our Nation’s water system. the Charleston Harbor for several years advantaged communities. In 1986, Congress enacted the corner- now, as you can see on the chart. Any This is something that is particu- stone WRDA legislation that set cost- further delay in this project is going to larly of concern in my State of Okla- share standards and created the harbor cause unwarranted economic loss to his homa. We are a rural State. We have maintenance trust fund and the island State and the Nation as we prepare for many small communities, and we have waterways trust fund. Following this the increased use of the post-Panamax the unfunded mandates come down bill, it was intended for Congress to re- vessels that we are all aware are on from Washington, and we just can’t authorize WRDA every 2 years. their way. handle those. This is the one program ‘‘WRDA’’ means ‘‘Water Resources De- The same could be said for several of that helps States like my State of velopment Act.’’ my other colleagues who have a vested Oklahoma. When we talk about what happened interest in their projects. In this bill, We have also empowered local com- in 1986, not many people are aware of port-deepening projects in Florida, munities to meet EPA mandates on a the fact that my State of Oklahoma is Alaska, Maine, and Texas would be bet- schedule that is doable and affordable actually navigable. We have an inland ter positioned for those States to cap- for the community and that allows the waterway. italize on increased import and export community to prioritize addressing the It was our intention at that time to projections over the next 20 years. greatest health threats first. That is have this bill every 2 years because it Flood projects in Kansas and Mis- good. That allows the communities to is just as significant as the highway souri would provide communities in make these determinations. bill. But then the trend came to a halt. their State the necessary assurance In addition to providing disaster re- Between 2007 and 2014, the WRDA bill— that homes and businesses will not be lief for Flint, MI, we have also capital- Congress went 7 years without a WRDA flooded by the next storm. ized the new Water Infrastructure Fi- bill, the Water Resources Development Ecosystem restoration projects in nancing Innovation Act Program, Act. We got back on track 2 years ago. Florida, Illinois, and Wisconsin would which can provide secured loans for This is important because now we are stimulate recreational and commercial water and wastewater. That is actually getting back on track to get into the 2- economies otherwise left behind, as we called WIFIA. I think we are all famil- year cycle. can see here. That is Florida on our iar with that program. Our coastal ports are grossly behind chart. Without being able to get this done, in their deepening projects to accom- Senators VITTER and CASSIDY also none of these good things are going to modate post-Panamax vessels. As you support the passage of WRDA. Their happen. We have in this bill $70 million can see on this chart, the levees and State has experienced more cata- for this new program that delivers as flood walls are inadequate and well strophic disaster from storms and much as $4.2 billion in secured loans. below the necessary level of protection. flooding in the past decade than any We are talking about the WIFIA Pro- Our water infrastructure has become so other. They, too, have a project pro- gram. This is a fiscally responsible way

VerDate Sep 11 2014 06:42 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.004 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4687 to partner with the States and provide before the July recess. Time is really of the continued wrangling over the debt Federal assistance. So when we are essence. in Puerto Rico by a process that will be concerned about Flint, MI, there are We are putting the managers’ amend- challenged on its constitutionality other problems in other areas that ment together now. I encourage all means that Puerto Rico will continue meet the same criteria. Members to bring to me and to BAR- to be bled, the United States Govern- We heard how new technologies can BARA BOXER their concerns and their ment will continue to be bled, and we help address droughts and other water amendments so they can have the prop- will not get a resolution of this issue. supply needs, like the issues we face in er consideration on this bill. If you The appointments clause requires the Red River in Oklahoma. S. 2848 ad- bring them down, we can do that. We that these officers, who are being ap- dresses this issue by promoting new are going to be ready to do this very pointed under the authority of Federal technologies and the transfer of desali- significant bill. It will take a lot of co- law, be appointed by the President and nation technologies from other coun- operation by a lot of people. It is some- confirmed by the Senate. But, if this tries facing the same problems. Passing thing we are supposed to be doing in bill is enacted, we will have board WRDA 2016 would guarantee the Fed- this country. members who have significant author- eral Government’s principal commit- People are impatient this morning, ity over Federal law and they are not ment to resilient water resources and so I am going to yield the floor. appointed by the President and they water infrastructure and strong com- The PRESIDING OFFICER (Mr. COT- are not confirmed by the Senate. So it merce. TON). The Senator from Washington. is going to be challenged constitu- This is a major bill. We are all con- Ms. CANTWELL. Mr. President, on tionally. cerned. We are all very familiar with this debate we are about to pursue, I Why is this important? Because there what we did in this committee. I often ask unanimous consent that 9 minutes are hedge funds out there that took Ar- say the Environment and Public Works be given to the opponents and 8 min- gentina’s debt and it took almost a Committee is a committee that actu- utes to the supporters of this legisla- decade to get a resolution because they ally does things, and we did. We did the tion. I would like to take 5 minutes could win in court. We want a process highway bill, we did the TSCA bill on now, reserving 5 minutes for Senator here in legislation in which all of the chemicals, and this is the WRDA bill MENENDEZ, and give my colleague from debt is part of a discussion, and in coming up. Illinois 8 minutes to control for people which people can offer solutions as to From the outset, Senator BOXER and who are supportive of this legislation. how to get out of this situation by giv- I have worked closely with Senate Re- The PRESIDING OFFICER. Is there ing bankruptcy to Puerto Rico. publicans and Democrats to make sure objection? Also, there are questions about this that all Members were heard and no Without objection, it is so ordered. board and who they are? Besides the one was left behind. We have done this Ms. CANTWELL. Mr. President, I fact that they are likely to be chal- successfully on several occasions, as I come to the floor to ask my colleagues lenged in court as unconstitutional, I mentioned—the FAST Act and TSCA— to not vote for cloture on this measure brought up the point last night that and we have delivered for every Mem- and to give the Senate a chance to they can actually receive gifts. Gifts ber of this body. We have done the work its will. from whom? What gifts? What can the same thing with the WRDA bill, and Many people know this legislation is board receive? Is it cars? Is it equip- that is what we are talking about being brought over from the House. I ment? Is it airplanes? What is it they doing now. appreciate the good relationship I have can receive? We listened to your concerns, we en- with my colleague from the Energy and So we are here now to say: Let’s take gaged your constituents and your Natural Resources Committee, and I the time, instead, to make sure we are project sponsors in your respective would love the opportunity to have going through this process and improv- States, as well as the users of our wa- their input into this legislation, as ing the bill in the Senate. I think this terways and transportation infrastruc- many of my colleagues would, with is something my colleagues on both ture. The message was clear and uni- just a simple amendment process. That sides of the aisle can appreciate. What form: Get back to regular order and is being denied here today if we, basi- is hard to appreciate is that this small build upon the reforms in the WRDA cally, invoke cloture. group of people are being given some bill of 2014. We went 7 years without Everybody has admitted this is a very large powers. doing what we were supposed to be flawed bill. There is not one person This group of people—just a simple doing every 2 years, and now we are who has done a presentation on this majority of four of them—appointed by back on schedule to do that—to em- that hasn’t admitted it is a flawed the two leaders of the Senate and the power the Army Corps and local host product from the House of Representa- House, can approve the fiscal plan for sponsors to help keep our water re- tives. So why not take a little time Puerto Rico, approve the budget for sources infrastructure strong and func- today and improve that bill? Why not Puerto Rico, set aside an act of law by tioning. let the Senate work its will, as we do the Puerto Rican Legislature, and dis- Let me close by saying that not pass- on so many issues—because we have approve or approve and expedite per- ing this bill would result in nearly $6 the time? As I think my colleague from mitting of projects. So, this is a lot of billion in navigation and flood control New Jersey will prove, we are defi- power. If you don’t think someone is projects being unnecessarily delayed or nitely going to be here for a few days going to challenge the constitu- never constructed. There would also be doing nothing. So, why not, instead of tionality of this, I guarantee you they no critical reforms to the Army Corps sitting here doing nothing, take the are going to challenge it. In the mean- of Engineers and their policies, no es- chance to improve a bill that, by all ac- time, we will have legal wrangling and sential affordability reforms for the counts, is flawed? a continued process. communities’ clean water infrastruc- Also, there is so much discussion I urge my colleagues to vote ’No’ on ture mandates, no new assistance for that somehow July 1 is a magic date. this legislation. Give the Senate a innovative approaches to clean water Well, actually, July 11 is the next chance to work its will and make sure and drinking water needs to address scheduled legal hearing on this, and we are protecting the U.S. taxpayers drought and water supply issues, no that is plenty of time for the Senate to on the amount of debt we will be seeing resolution of the national lead emer- weigh in on a few ways to improve this with this legislation if we don’t move gencies, like in Flint, MI, and no dam legislation and to make sure we are not forward in an orderly fashion. rehabilitation programs. suspending the constitution of Puerto The PRESIDING OFFICER. The Sen- So today, I am asking the leadership Rico in the process. ator’s time has expired. and my fellow Republicans to seize this There are many questionable issues Ms. CANTWELL. I thank the Chair, valuable opportunity and bring the about the structure of this bill. I cer- and I yield the floor. WRDA bill of 2016 to the floor. I know tainly prefer a structure that is clean Mr. DURBIN. Mr. President, how we want to do our appropriations bills, and simple, understood by my col- much time remains on both sides? but we need to sandwich this in. We leagues, and is going to lead to success The PRESIDING OFFICER. The pro- want it to get to the floor and passed by all of us. Why do I say that? Because ponents of the measure have 8 minutes

VerDate Sep 11 2014 01:20 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.007 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4688 CONGRESSIONAL RECORD — SENATE June 29, 2016 remaining, and the opponents have ap- scionable level, more and more people and not accept the consequences, which proximately 4 minutes remaining. will leave Puerto Rico—which they can will be terrible for Puerto Rico, is not Mr. DURBIN. I am going to speak, legally do—and come to the United a fair analysis of this problem. Yes, I and I know my colleague and friend States, where the minimum wage is would have written a different bill. from New Jersey is here and opposes significantly larger than that proposed Yes, I would have constructed a dif- the measure. I have been given 8 min- by the Republicans. The same thing is ferent oversight board, but the choice utes, and I don’t know how much of true when it comes to overtime pay. now is not between some ideal or some that time I will use. I will try to leave I struggle with the powers of this better approach. The choice is before whatever is left for his use. I know he oversight board, but I understand that us. The choice is yes or no, and a ‘‘no’’ spoke yesterday, but I am sure he time and again in history, when enti- vote is one that is going to imperil this wants to speak again this morning. I ties like New York City and other island and make the poor people living will yield whatever is left. places are facing virtual bankruptcy, there face even worse hardship. How The other remaining time, as I un- an oversight board has been the vehicle can that be a good outcome? How can derstand, is controlled by the other to bring them to stability. I think this we bargain for the possibility that sev- side. oversight board is loaded—even though eral months from now there may be a Ms. CANTWELL. In the unanimous it is 4 to 3—loaded on the other side, better constructive oversight board? I consent request I locked in 5 minutes. but I hope they will in good conscience think the responsible thing to do is to Mr. DURBIN. I ask for a clarifica- come up with approaches that are ac- move forward. tion. Is there still 5 minutes remaining ceptable. Don’t take my word for it alone. I for the Senator from New Jersey? What is the alternative if we vote no? represent the State of Illinois and am The PRESIDING OFFICER. The Sen- We will hear a lot of Members say: proud to do it. My connection to Puer- ator from Washington consumed 5 of 9 Let’s just vote against this and put an to Rico is through 100,000 Puerto minutes, leaving 4 minutes remaining end to it. The alternative if we vote no Ricans who live in my State. I have for the opponents of the bill. is to give the bondholders, those who worked with them. I have met with Mr. DURBIN. If I don’t use my entire are holding the debt of Puerto Rico, all them. time, I will yield the remainder to the the cards July 1—all the cards. They This morning, I received a letter Senator from New Jersey for those can then go to court and force their from PEDRO PIERLUISI, who is the Mem- hand for payment on these debts. And with opposing positions. ber of Congress from Puerto Rico. He Mr. President, many times on the Puerto Rico, which is struggling to goes on to write: floor of the Senate we are faced with provide basic services, will have even As Puerto Rico’s sole elected representa- more money taken away from them. difficult, sometimes impossible tive in Congress, I write to respectfully re- What is a disastrous situation will be- choices. At the end of the day, you quest that you vote in favor of S. 2328. . . . come disastrously worse if we vote no On June 9th, the House approved PROMESA wish you could sit down and write a so- and do nothing. This oversight board, in a strong bipartisan vote, an all-too-rare lution that you believe would achieve for all its flaws, has the power to stop event that I hope will be replicated in the its purpose and do it in the most re- that from happening—has the power to Senate this week. sponsible manner. Many times we don’t enter into voluntary negotiations on He goes on to talk about the imper- get that luxury, and this is an example. the debt of Puerto Rico, and if they fections in this bill, which we all know. Puerto Rico is in a unique relation- can’t reach a voluntary agreement, But he then goes on to talk about the ship with the United States. Some have they have the power to go to court for hardships that the island of Puerto said this agreement is in the nature of restructuring all of the debt that faces Rico is facing and will face if this bill a colonial imposition on the island of the island. Now that is significant. I is not passed. We have received the Puerto Rico. As the laws currently hope it doesn’t reach that point. I hope same request from the Governor of stand, Puerto Rico cannot save itself. there is a voluntary negotiation. But Puerto Rico. To ignore these people It is $70 billion in debt, and those who to say we are going to protest the cre- and to ignore the people who live there hold the debt—the bond holders—are ation of this board by voting against and the perils they face, I don’t believe demanding payment. the creation of the board and this out- is a responsible course of action. I The Puerto Rican economy is strug- come I have described is to throw this think we have to move forward in a gling to survive and struggling to poor island and the people who live positive fashion. That is why I am make a $2 billion payment on that debt there into chaos. going to support this measure today by July 1. Under these emergency cir- I received a telephone call from the and urge my colleagues to do the same. cumstances, there is only one place to archbishop of Chicago, Blase Cupich. I It passed with a strong bipartisan vote turn. It is not an imposing colonial respect him very much. He called me in the House, as the resident Congress- power; it is the United States of Amer- on several issues, but he said: The real man has related in his letter. It is an ica that has been in partnership with purpose for my call is to tell you the indication that as imperfect as this Puerto Rico in the past and should be archbishop of San Juan, Puerto Rico, agreement may be, it is the best we can for its future. has reached out to me and told me of come up with in this terrible and per- We are trying to find a reasonable the desperate situation they are facing ilous situation facing the island of way through this that will appeal to in Puerto Rico today. About 150 Puerto Rico. both political parties. Of course, the schools have closed. There is no money I urge my colleagues today to vote political parties see this differently. A to buy gasoline for the buses to take yes on cloture, vote yes on final pas- Democratic solution to this looks a lot the children to schools. Many of the sage of this bill. Give Puerto Rico a different than a Republican solution. medical services are down to zero. One fighting chance. What we have before us is a com- doctor a day is leaving Puerto Rico, Mr. President, I yield the floor. promise. It is a measure that was en- and they can’t afford to lose any. Cur- Mrs. BOXER. Mr. President, I oppose tered into with the cooperation, col- rently, at the major hospital, Centro invoking cloture on this measure be- laboration, and bargaining between the Medico, there is a serious question as cause the House version of this bill is Speaker of the House, NANCY PELOSI, to whether children who are trying to flawed, and the Senate should have the the White House, and Republican lead- survive cancer will have the drugs they opportunity to improve it. ers. So it is a mixed bag politically need for a fighting chance. That is how Puerto Rico is drowning in more that comes to us today. desperate it is. He went further to say than $70 billion of debt, equal to nearly I support it, although I would be the the air ambulance service on Puerto 70 percent of the island’s GDP. This is first to tell you there are parts of it I Rico, which transports the most grave- a serious situation deeply affecting the find absolutely objectionable. Bringing ly ill people to medical care, is now not 3.5 million Americans who call the is- in the notion that they are going to flying. They can’t afford to. People land home. And let us be clear: these put their economy on solid footing by have to pay in cash for dialysis serv- Americans need their country’s help. reducing the minimum wage is laugh- ices. But the current PROMESA Act is not able, as far as I am concerned. If you This is a disastrous situation, and the answer, and here are two reasons lower that minimum wage to an uncon- the notion that we can vote no today why.

VerDate Sep 11 2014 01:20 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.008 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4689 First, one of the provisions in the bill to recover claims against Puerto Rico. Is our memory so short that we have would set up a seven-member oversight It also bars ‘‘enforcement . . . of a already forgotten the tragedy of Flint board to oversee Puerto Rico’s fiscal judgment obtained before the enact- and the emergency board failures that plan and annual budgets. This board ment’’ of the bill. In addition, section caused it? Are we comfortable allowing would consist of four Republicans and 362 of the Bankruptcy Code, which is this unelected, unaccountable control three Democrats and the Governor of incorporated by reference into the bill, board to choose budgets over people? Puerto Rico would serve as a nonvoting bars the ‘‘enforcement . . . of a judg- Are we content to allow them to veto member. This is not a fair solution. ment obtained before’’ filing for bank- regulations ensuring clean water be- Representation must be fair, and the ruptcy, once the board files a bank- cause they don’t fit the board’s im- way this board is currently proposed, it ruptcy petition on Puerto Rico’s be- posed fiscal plan? I certainly hope not. is one-sided. We need to fix that. half. So even if the hedge funds win a I have heard multiple times in my ca- Second, this legislation could reduce judgment before the stay is enacted, reer that it is this bill or nothing, but the minimum wage in Puerto Rico that judgment cannot be enforced, and I have and continue to reject that false from $7.25 an hour to $4.25 an hour for once the debt adjustment plan is con- dichotomy. Every issue before the Sen- workers 25 years old and under. How firmed, the judgment can be dis- ate deserves and usually receives a full can young workers needing to gain eco- charged. and open debate, but for far too long nomic independence in a suffering As the Third Circuit Court of Appeals we have made Puerto Rico the excep- economy begin their careers on solid held in 2012—the circuit that has juris- tion—the ‘‘other’’ that is somehow out- footing making only $4.25 an hour? In diction over Puerto Rico—‘‘Even if [an] side of the United States—treating our addition, this would reduce consumer injunction is not a claim [for the pur- fellow Americans like subjects, not spending, hurting an already weak pose of the bar against ‘‘commence- citizens: subjects not citizens. Let’s economy. ment or continuation’’ of ‘‘claims’’], break that cycle today. Let’s have an We should be lifting all workers— any action to enforce [an injunction] is honest debate and treat the 3.5 million from California to Puerto Rico—up, subject to the stay and cannot proceed citizens living in Puerto Rico as we not letting them fall further and fur- without relief from the stay.’’ would treat the citizens in any one of ther behind. I repeat, ‘‘Any action to enforce [an our States. We must give Puerto Rico the tools injunction] is subject to the stay and I urge my colleagues to oppose clo- it needs to come out of this disaster cannot proceed without relief from the ture. stronger and with a clear path forward. stay.’’ Mr. President, I yield the floor. As it stands, I do not feel this bill pro- There is no doubt that time is of the Mr. MCCONNELL. Mr. President, I vides the smart and necessary solu- essence and Congress must act swiftly. ask unanimous consent that the man- tions needed to resolve this fiscal cri- However, we shouldn’t allow a some- datory quorum call be waived. sis, and therefore, I oppose invoking what arbitrary deadline to force The PRESIDING OFFICER. Without cloture on this measure. through a fundamentally flawed bill as objection, it is so ordered. the retroactive stay gives us time to The PRESIDING OFFICER. The Sen- CLOTURE MOTION ator from New Jersey. get this right. July 1 shouldn’t be used as an excuse to abdicate our respon- The PRESIDING OFFICER. Pursuant Mr. MENENDEZ. Mr. President, par- to rule XXII, the Chair lays before the liamentary inquiry: How much time do sibilities as U.S. Senators. With this in mind, I remind my colleagues that a Senate the pending cloture motion, I have? which the clerk will state. The PRESIDING OFFICER. The Sen- vote for cloture is a vote against even attempting to improve any piece of The assistant bill clerk read as fol- ator from New Jersey has approxi- lows: mately 3 minutes 40 seconds remaining. this bill. Mr. MENENDEZ. Is that the time I know many have serious concerns CLOTURE MOTION that was reserved? I understand there over a lot of provisions in the bill, from We, the undersigned Senators, in accord- was a 5-minute time reserved. the control board to the anti-worker ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The time riders, and many are even filing amendments to improve these aspects. move to bring to a close debate on the mo- of the Senator from Washington passed tion to concur in the House amendment to S. the initial reserve time used against A vote for cloture is a vote to dis- 2328, a bill to reauthorize and amend the Na- the total reserve time. enfranchise 3.5 million Americans. It is tional Sea Grant College Program Act, and Mr. MENENDEZ. I ask unanimous a vote to authorize an unelected, un- for other purposes. consent to have up to 5 minutes. checked, and all-powerful control Mitch McConnell, John Cornyn, Thad The PRESIDING OFFICER. Is there board to determine Puerto Rico’s des- Cochran, Marco Rubio, Lamar Alex- objection? tiny for a generation or more. It is a ander, John Hoeven, Jeff Flake, James Without objection, it is so ordered. vote to force Puerto Rico, without M. Inhofe, Deb Fischer, Orrin G. Hatch, their say, to go $370 million further in Johnny Isakson, Bob Corker, Lindsey Mr. MENENDEZ. Mr. President, I Graham, John Boozman, Bill Cassidy, rise again this morning to urge my col- debt to pay for this omnipotent control Mark Kirk, Daniel Coats. leagues to vote no on cloture. As draft- board, which they don’t even want. It The PRESIDING OFFICER. By unan- ed, PROMESA exacts a price far too is a vote to cut the minimum wage imous consent, the mandatory quorum high for relief that is far too uncertain. down to $4.25 per hour for young work- call has been waived. I came to this Chamber in September ers in Puerto Rico. It is a vote to make The question is, Is it the sense of the and December of last year to raise the Puerto Ricans work long overtime Senate that debate on the motion to alarm bells about what was happening hours, without fair compensation. It is concur in the House amendment to S. in Puerto Rico. The majority held the a vote to jeopardize collective bar- 2328 shall be brought to a close? ball and ran out the shot clock, at- gaining agreements. It is a vote to cut The yeas and nays are mandatory tempting to silence the voice of 3.5 mil- worker benefits and privatize inher- under the rule. lion U.S. citizens living in Puerto Rico ently government functions. It is a The clerk will call the roll. in this debate. vote to shut schools, shutter hospitals, So let’s be clear about what this vote and cut senior citizen pensions to the The senior assistant legislative clerk to end debate means. Despite what the bone. It is a vote to put hedge funds called the roll. proponents of the bill will argue, op- ahead of the people. It is a vote to sell The yeas and nays resulted—yeas 68, posing this cloture vote is not a vote to off and commercialize natural treas- nays 32, as follows: allow Puerto Rico to default. Any leg- ures that belong to the people of Puer- [Rollcall Vote No. 113 Leg.] islation we pass includes a retroactive to Rico, a vote to fast-track projects YEAS—68 stay on litigation, meaning that any without a careful consideration of the Alexander Burr Cochran lawsuit filed after July 1 will be halted environmental and health impacts, Ayotte Cardin Collins Barrasso Carper Coons and any judgment unenforceable. As and, most of all, it is a vote against Bennet Casey Corker the bill states, the stay bars ‘‘the com- even attempting to fix these serious Blumenthal Cassidy Cornyn mencement or continuation’’ of suits flaws. Blunt Coats Crapo

VerDate Sep 11 2014 06:42 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.042 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4690 CONGRESSIONAL RECORD — SENATE June 29, 2016 Durbin Kaine Roberts Mr. MCCONNELL. Mr. President, I plain that. We appreciate his coopera- Enzi King Rounds ask unanimous consent that the order tion. Feinstein Kirk Rubio Fischer Klobuchar Schatz for the quorum call be rescinded. The person who has been a voice on Flake Lankford Schumer The PRESIDING OFFICER. Is there Puerto Rico for more than the last few Franken Leahy Sessions objection? months—for years—has been BOB Gardner McCain Shaheen Without objection, it is so ordered. MENENDEZ from New Jersey. He has Gillibrand McCaskill Stabenow Graham McConnell Mr. MCCONNELL. Mr. President, I been very articulate in all the caucuses Sullivan Hatch Mikulski Thune ask unanimous consent that notwith- we have had where we have discussed Heinrich Murphy Toomey standing rule XXII, there be 5 hours of this and on the floor. I admire his feel- Heitkamp Nelson Hirono Paul Udall time equally divided between the two ings on this. Hoeven Peters Vitter leaders or their designees; further, that I wish I could say we have solved all Warner Inhofe Reed Senator MENENDEZ or his designee be of his problems. We have not been able Isakson Reid Whitehouse Johnson Risch Wyden recognized to make a motion to table to do that, but I certainly want every- the motion to concur with amendment one to know he has done a terrific job NAYS—32 No. 4865, and that Senator SANDERS or of recognizing, in his opinion, what is Baldwin Ernst Perdue his designee be recognized to make a wrong with this legislation. There is no Booker Grassley Portman Boozman Heller Sanders budget point of order, and that Senator one better to articulate that position Boxer Lee Sasse MCCONNELL or his designee be recog- than BOB MENENDEZ. Brown Manchin Scott nized to make a motion to waive the Senator CANTWELL has worked very Cantwell Markey Shelby point of order; further, that following Capito Menendez hard on this legislation with the chair Tester the use or yielding back of the 5 hours of the Energy Committee, the senior Cotton Merkley Tillis Cruz Moran Warren of debate, the Senate vote on the mo- Senator from Alaska. They have Daines Murkowski Wicker tions in the order listed; finally, that if worked very hard. They had a way for- Donnelly Murray the motion to table is not successful, ward, but they couldn’t get it done. The PRESIDING OFFICER (Mr. SUL- then following disposition of the mo- They are going to continue to work on LIVAN). On this vote, the yeas are 68, tion to waive, the remaining putting something together. We need the nays are 32. postcloture time be yielded back, the more of that. Three-fifths of the Senators duly cho- motion to concur with amendment be We have an Energy bill coming up. sen and sworn having voted in the af- withdrawn, and the Senate vote on the We hope we can work something out to firmative, the motion is agreed to. motion to concur in the House amend- get to conference on that and move for- Cloture having been invoked, the mo- ment with no further intervening ac- ward on that. That is a bill that is tion to refer falls as it is inconsistent tion or debate. years overdue. We have been trying to with cloture. The PRESIDING OFFICER. Is there do that for almost 5 years. So I hope we The majority leader. objection? can work something out. AMENDMENT NO. 4866 Mr. REID. Reserving the right to ob- Senator HEITKAMP is going to come Mr. MCCONNELL. Mr. President, I ject. and give us her opinion on what we ask for the yeas and nays on amend- The PRESIDING OFFICER. The should do on Ex-Im Bank. She has been ment No. 4866. Democratic leader. articulate and working with Senator The PRESIDING OFFICER. Is there a Mr. REID. Mr. President, the Demo- CANTWELL on that. sufficient second? crats have 150 minutes. I ask unani- I appreciate the work of the Repub- There appears to be a sufficient sec- mous consent that that be divided as 40 lican leader, and his assistant, the sen- ond. minutes for MENENDEZ, 40 minutes for ior Senator from Texas. This has been The yeas and nays were ordered. SANDERS, 10 minutes for CANTWELL, 10 kind of a difficult issue for everybody. Mr. MCCONNELL. I suggest the ab- minutes for HEITKAMP, and 50 minutes We all didn’t get what we wanted. That sence of a quorum. for proponents of the legislation. includes Democrats and Republicans. I The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Is there wish we could have done better, but SASSE). The clerk will call the roll. objection? this is what we got from the House, The senior assistant legislative clerk Without objection, it is so ordered. which had been worked on over there proceeded to call the roll. Mr. REID. Mr. President, further re- Mr. BARRASSO. Mr. President, I ask with the Republicans, with the Speak- serving my right to object, I would also unanimous consent that the order for er, with Leader PELOSI, and the Presi- say that just because you have the the quorum call be rescinded. dent’s people. This is what we have, time, you don’t have to use it. I would The PRESIDING OFFICER (Mr. and we have had to work through this hope Senators on both sides would un- PERDUE). Without objection, it is so or- to do what we could do. derstand that the sooner we get to the dered. I wish we could have done more, but votes, the better off we will be. I am satisfied that this is going to be a f I would also say this. I appreciate on broad, broad step forward to help the RECESS my side the work done by Senator people of Puerto Rico, who are des- Mr. BARRASSO. Mr. President, I ask MANCHIN of West Virginia. That State, perate for help. unanimous consent that the Senate re- in the last few weeks—actually, for the I have no objection. cess until 2:15 p.m., with the time in re- last few months—has been hit harder The PRESIDING OFFICER. Is there cess counting postcloture. than any State deserves to be hit. It is objection to the majority leader’s re- The PRESIDING OFFICER. Without just awful what has happened there. quest? objection, it is so ordered. Senator MANCHIN has been stalwart in Without objection, it is so ordered. Thereupon, the Senate, at 1:07 p.m., recognizing the work he has to do The majority leader. recessed until 2:15 p.m. and reassem- there. Mr. MCCONNELL. Mr. President, for bled when called to order by the Pre- We understand his advocacy for years the information of our colleagues, this siding Officer (Mr. CRUZ). now—especially the last few months— sets up three votes that will allow us on the miners, their pensions, and to finish the bill later in the day. But f health care benefits. We recognize that. I would remind everyone that we have NATIONAL SEA GRANT COLLEGE We think we have ways of helping him, a briefing from 4 to 5 on the ISIL issue, PROGRAM AMENDMENTS ACT OF and we have something worked out we which I would encourage all of our 2015—Continued think is appropriate, and we have dis- Members to attend. Mr. MCCONNELL. Mr. President, I cussed that with him. The PRESIDING OFFICER. The Sen- suggest the absence of a quorum. I would also recognize Senator SAND- ator from Vermont. The PRESIDING OFFICER. The ERS. Everyone knows the fervency of Mr. SANDERS. Mr. President, I rise clerk will call the roll. his opinion on a number of different in very strong opposition to the Puerto The senior assistant legislative clerk things, and he certainly has one on this Rico Oversight, Management, and Eco- proceeded to call the roll. matter, and he has 40 minutes to ex- nomic Stability Act, the so-called

VerDate Sep 11 2014 06:42 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.001 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4691 PROMESA Act. This is a terrible piece regarding Puerto Rico is about. Bil- we can surely help the 3.5 million of legislation, setting horrific prece- lionaire hedge fund managers who pur- American citizens in Puerto Rico who dent, and it must not be passed. chased Puerto Rican bonds for pennies are hurting today. The Fed can and The United States of America should on the dollar now want a 100-percent should provide low-interest loans to not treat Puerto Rico as a colony. We return on their investment, while Puerto Rico and facilitate an orderly cannot and must not take away the schools are being shut down in Puerto restructuring of Puerto Rico’s debt. democratic rights of the 3.5 million Rico, while pensions are being threat- This legislation is both a political Americans of Puerto Rico and give vir- ened with cuts, while children on the and economic disaster for the people of tually all power on that island to a 7- island go hungry. That is morally un- Puerto Rico. This legislation takes member board that will be dominated, acceptable. That should not be allowed away their democratic rights and self- as it happens, by 4 Republicans. This by the Congress. governance and will impose harsh aus- legislation strips away the most impor- It is bad enough for Republicans in terity measures, which will make the tant powers of the democratically the House to write legislation that poorest people in Puerto Rico even elected officials of Puerto Rico, the takes away the democratic rights of poorer. This is legislation that should Governor, the Legislature, and the mu- U.S. citizens living in Puerto Rico, but not be passed by the Congress. nicipal governments as well. We must adding insult to injury, this legislation I rise to offer a point of order against not allow that to happen. does something even more insulting. this legislation. This is not what the United States of At a time when health, education, and Mr. President, I understand that the America is supposed to be about, and nutrition programs will likely be cut, Republican representative will be com- this is not how we should treat a terri- this legislation, if you can believe it, ing down in a few moments, so I will tory in the year 2016. The bottom line requires the taxpayers of Puerto Rico reserve my time and reclaim the floor is that the United States must not be- to pay for the financial control board in a few minutes when the Republican come a colonial master, which is pre- at the unbelievable sum of $370 million representative is here. cisely what this legislation allows. Any in order to fund the control board’s bu- Mr. President, I suggest the absence decisions that are made regarding the reaucracy. of a quorum. future of Puerto Rico must be made by So think about it for a second. The The PRESIDING OFFICER. The the people of that island and their control board will likely cut programs clerk will call the roll. elected officials. for the elderly, the children, the sick, The senior assistant legislative clerk This legislation, I should add, is not and the poor, on an island where 58 per- proceeded to call the roll. just about taking away the democratic cent of the children are already living Mr. SANDERS. Mr. President, I ask rights of the people of Puerto Rico. It in poverty because Puerto Rico does unanimous consent that the order for is about punishing them economically. not have enough money to take care of the quorum call be rescinded. Since 2006, Puerto Rico has been in the The PRESIDING OFFICER. Without midst of a major economic depression. its most vulnerable people. In the objection, it is so ordered. In the last 10 years, Puerto Rico has midst of all that, $370 million is going Mr. SANDERS. Mr. President, I rise lost 20 percent of its jobs. About 60 per- to be sucked away from Puerto Rico in to raise a point of order against this cent of Puerto Rico’s adult population order to pay for the administration of legislation and make a point of order is either unemployed or has given up the financial control board. This, to that the pending motion to concur vio- looking for work. Over the last 5 years me, is literally beyond belief. Puerto Rico must be given the time lates section 425(a)(2) of the Congres- alone, more than 150 public schools sional Budget Act of 1974. have been shut down and the childhood it needs to grow its economy, to create The PRESIDING OFFICER. The Sen- poverty rate in Puerto Rico is now 58 jobs, to reduce its poverty rate, and to ator from Utah. percent. There is a mass migration out expand its tax base so that it can pay Mr. HATCH. Mr. President, pursuant of Puerto Rico to the mainland of pro- back its debt in a way that is fair and to section 904 of the Congressional fessionals because there is simply no just. In my view, we need austerity— work on the island. not for the people of Puerto Rico but Budget Act of 1974 and the waiver pro- In the midst of this human suffering for the billionaire Wall Street hedge visions of applicable budget resolu- and economic turmoil, it is morally re- fund managers who have exacerbated tions, I move to waive all applicable pugnant that billionaire hedge fund the financial crisis on the island. We sections of that act and applicable managers on Wall Street are demand- must tell them loudly and clearly that budget resolutions for purposes of the ing that Puerto Rico fire teachers, they cannot get everything they want motion to concur in the House amend- close schools, cut pensions, and lower while workers in Puerto Rico are fired, ment to S. 2328, and I ask for the yeas the minimum wage so that they can while schools are shut down, while and nays. reap huge profits off the suffering and health care is underfunded, and while The PRESIDING OFFICER. Is there a misery of the American citizens on children on that island live in poverty. sufficient second? that island. I am very disappointed that this ex- There appears to be a sufficient sec- We have to understand that Puerto tremely important piece of legislation ond. Rico’s $70 billion in debt is is being pushed through Congress with- The yeas and nays were ordered. unsustainable and unpayable. That is out allowing any amendments here in Mr. SANDERS. Mr. President, I re- just a fact. You cannot get blood out of the Senate. That is not the way we serve the remainder of my time. a stone. The reason—or one of the should be doing business. The PRESIDING OFFICER. The Sen- major reasons that it is unpayable— If allowed, I will offer an amendment ator from Utah. has a lot to do with the greed of Wall in the form of legislation that I have Mr. HATCH. Mr. President, as we all Street vulture funds. In recent years, introduced—legislation that would now know, the government of Puerto vulture funds have purchased a signifi- allow Puerto Rico’s debt to be struc- Rico has run up an astounding debt of cant amount of Puerto Rico’s debt. In tured through the creation of a recon- around $70 billion and has more than fact, it has been estimated that over struction finance corporation. $40 billion in virtually unfunded pen- one-third of Puerto Rico’s debt is now Let’s never forget that in 2008, when sion promises. To address this financial owned by these vulture funds that are Wall Street’s greed, recklessness, and challenge, the Senate has taken up leg- getting interest rates of up to 34 per- illegal behavior nearly destroyed our islation to provide greater oversight of cent on tax-exempt bonds they pur- economy, the Federal Reserve provided the territory’s finances and some broad chased for as little as 29 cents on the $16 trillion in virtually zero—zero—in- debt-resolution authority. dollar. Let me repeat that. Vulture terest loans to every major financial That bill, which the authors entitled funds are getting interest rates of up to institution in this country, as well as the ‘‘Puerto Rico Oversight, Manage- 34 percent on tax-exempt bonds they central banks and corporations ment, and Economic Stability Act,’’ or purchased for as little as 29 cents on throughout the world. If the Federal PROMESA, is certainly not something the dollar. Reserve and the Treasury Department I would have written and in many Let us be clear. This issue is a sig- could move quickly to stabilize our areas leaves a lot to be desired. None- nificant part of what the entire debate economy and global markets in 2008, theless, I voted to invoke cloture on

VerDate Sep 11 2014 01:20 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.016 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4692 CONGRESSIONAL RECORD — SENATE June 29, 2016 the bill because, thanks to the stub- ported confidentiality agreements have any significant effect on Puerto bornness of the Treasury Department Treasury officials have signed with Rico’s economic growth, but it does and lack of transparency from the gov- component units of Puerto Rico’s gov- promise to finally uncover what is be- ernment of Puerto Rico, it is the only ernment. The existence of such agree- neath the opaque, weblike structure of option on the table, and delaying ac- ments raises many questions, and dis- the Puerto Rican government’s fi- tion would only hurt the Americans turbing reports that Treasury officials nances, and if we are actually going to who reside on the island. may have impeded negotiations be- be able to meaningfully address the is- Astoundingly, the government of tween Puerto Rico and its creditors in land’s financial challenges, that will be Puerto Rico has not provided audited order to get a better legislative out- a very important step. financial statements since 2013, despite come in Congress raises even more The bill also has the potential to pro- its responsibilities to do so under con- questions. vide some debt relief which can help tinuing disclosure requirements and With respect to Puerto Rico, the the people of Puerto Rico, if effectively multiple requests from Congress and Obama administration is and has been implemented and not used simply as a investors. The territory’s debt chal- interested in one thing and one thing way to funnel resources into public lenges have been center stage here in only: obtaining the broadest and most pension programs. Despite reforms to Congress for about a year now, and comprehensive debt resolution author- pension programs touted by the Puerto throughout that time we have received ity for Puerto Rico possible, in an obvi- Rican government in recent years, the only stale, largely useless, and ous attempt to favor public pensions in territory has not actually funded those untrustworthy information regarding Puerto Rico. While I tried last year to reforms. As a result, large public pen- Puerto Rico’s finances. In fact, some of work with administration officials to- sion programs on the island remain, in the disclosures have been downright in- ward a resolution for Puerto Rico, effect, entirely unreformed, still allow- sulting. Treasury officials remained extraor- ing for things like government-sub- For example, earlier this year I sub- dinarily rigid in their objectives. sidized loans to participants for cul- mitted a number of detailed questions Moreover, while that administration tural trips intended for ‘‘relaxation.’’ to the Governor of Puerto Rico about and many of my friends on the other Unfortunately, there has been a lot the state of the island’s finances. One side have been very forthcoming in of- of other misinformation about Puerto of my questions was very straight- fering ideas of how to send roughly $50 Rico’s financial information put for- forward: ‘‘What component units of billion of extra health funds to Puerto ward by some of my friends on the Puerto Rico’s government has issued Rico and nearly $10 billion in difficult- other side of the aisle, by some admin- debt, and how much does each owe?’’ to-administer tax incentives, none of istration officials who know better, Amazingly, the Governor, in a delayed them have been forthcoming about the and by many in the House who could response, answered that simple ques- actual cost of their proposal. They stand to learn more. None of that, if we tion with a quote from an outdated re- have also persisted in identifying what let it persist, will help the people of port issued by the Federal Reserve they call ‘‘health funding inequities’’ Puerto Rico. Bank of New York. but never seem to want to own up to Let me close by agreeing with some In other words, the very government the fact they purposefully included a remarks made yesterday by my col- that issued the debt would not even cliff in health funding for Puerto Rico league and good friend Senator CANT- provide information on what it owes as a part of ObamaCare. WELL, who correctly identified that and instead quoted a third party. This This health funding cliff alone should whatever happens today with is not an isolated incident. Throughout be a clear indication to the people of PROMESA, issues surrounding Puerto this public discussion, we have yet to Puerto Rico that while the administra- Rico are not going away. get anything resembling a firsthand ac- tion and my friends on the other side of I will note this legislation sets up a count of the true fiscal situation in the aisle talk one way about how they congressional task force to consider Puerto Rico. In fact, this lack of trans- care for the people of Puerto Rico, they impediments to growth in Puerto Rico, parency—and that is putting it kind- often act quite differently and give far including those that may stem from ly—has gone on for years. Lately, how- more attention and effort to protecting the Federal Government policies. Per- ever, Puerto Rico’s withholding of in- the interests of public sector unions. haps Senator CANTWELL and I could formation seems to have been strategic I have made clear all along my main serve together on the task force. In and part of a legislative strategy in objective has been to serve the inter- principle, the task force can allow Con- concert with the Treasury Department. ests of the people of Puerto Rico, not gress to continue to address issues sur- The U.S. Treasury Department was the politicians on the island or here in rounding how Federal tax and health given authority to provide technical Washington, DC. That is why I voted to care policies affect Puerto Rico and assistance to Puerto Rico but evidently invoke cloture on the legislation before how changes could possibly influence has not advised Puerto Rico’s govern- us today, despite the rigidities of the growth. ment to open its books. In addition, de- Obama administration and the govern- To be clear, I believe this task force spite numerous requests I have made to ment of Puerto Rico. could be useful only if both sides of the Treasury to provide briefings on the Unfortunately, we have been put in a aisle are willing to seriously discuss nature of their technical assistance, position where, if this legislation were ideas beyond sending tens of billions of they have, so far, refused to provide to fail, there will only be more suf- dollars to Puerto Rico. If the task force any such insight. fering for the people of Puerto Rico. We will only consider a wish list of Federal We have heard calls from various cannot wait for another administration spending, I don’t see it accomplishing sources, including Members of the Sen- here or on the island to finally get ac- all that much for the people living in ate, for the Securities and Exchange curate and verified information on Puerto Rico. Commission to investigate actions Puerto Rico’s finances. We cannot wait In any event, it is long past time for taken on the part of private investors for the Obama administration to start holding out hope the government of in relation to Puerto Rico’s debt crisis. engaging reasonably with Congress Puerto Rico will provide accurate fi- Given the apparent coordination be- about health care funding or tax incen- nancial information. Similarly, it is tween Treasury and the government of tives for the island. likely a fruitless endeavor to keep Puerto Rico and the overall lack of in- Therefore, in order to finally deter- waiting on the Obama administration formation we have about the current mine the true state of Puerto Rico’s fi- to move away from its rigid focus on state of the territory’s debt and fi- nances and to provide relief from the obtaining broad debt restructuring au- nances, I sent a letter this week to the massive indebtedness accumulated by a thority for Puerto Rico. We should not SEC asking that actions and inaction profligate Puerto Rican government, I hold the people of Puerto Rico hostage by government officials be included in will, once again, be voting yes on this to the rigidities of self-interested poli- any investigation into Puerto Rico’s bill. The bill does not have any signifi- ticians, neither here nor in the terri- debt. cant effect on the Federal deficit or our tory. Consequently, I plan to support Today I also sent a letter to Treasury massive Federal debt, which is a good PROMESA, despite its shortcomings. I Secretary Lew inquiring about re- thing. Unfortunately, it also will not urge my colleagues to do the same. I

VerDate Sep 11 2014 01:20 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.017 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4693 appreciate the honest and decent peo- sidering, bars the ‘‘enforcement . . . of tively overrule decisions by Puerto ple of Puerto Rico and wish them the a judgment obtained before’’ filing for Rico’s legislature, governor and other very best and hope this bill will help bankruptcy once the board files a public authorities.’’ These are the peo- them get on the path that will cause bankruptcy petition on Puerto Rico’s ple who were elected by the 3.5 million that great and beautiful place to be behalf to restructure their debt. Even citizens of Puerto Rico, U.S. citizens, even better. if this apocalyptic scenario the pro- to determine their future, but, no, the Mr. President, I suggest the absence ponents of the bill want to use to drive board is going to overrule them and of a quorum. this bill through—if hedge funds win a have the sovereign power to do so. The PRESIDING OFFICER (Mr. judgment before the stay is enacted, Secondly, the oversight board ‘‘can TOOMEY). The clerk will call the roll. that judgment cannot be enforced once effectively nullify’’—nullify means The legislative clerk proceeded to the law is passed. Once the debt adjust- end—‘‘any new laws or policies adopted call the roll. ment plan is confirmed, the judgment by Puerto Rico that did not conform to Mr. MENENDEZ. Mr. President, I ask can actually be discharged. requirements specified in the bill.’’ The unanimous consent that the order for The Third Circuit Court of Appeals, board can nullify a sovereign govern- the quorum call be rescinded. which has jurisdiction over Puerto ment’s opportunity to pass laws as The PRESIDING OFFICER. Without Rico, held in 2012: ‘‘Even if [an] injunc- elected by the people. The consent of objection, it is so ordered. tion is not a claim [for purpose of the its government, the essence of democ- Mr. MENENDEZ. Mr. President, I ask bar against ‘commencement or con- racy—well, we are nullifying that. the Presiding Officer to advise me tinuation’ of ‘claims’], any action to The control board, as I call it—and I when I have used 25 minutes of my enforce [an injunction] is subject to the will speak about why it is control and time. stay and cannot proceed without relief not oversight. These things speak to The PRESIDING OFFICER. The Sen- from the stay.’’ controls, not oversight. It says the con- ator will be so notified. What does that basically mean? Any trol board ‘‘may impose mandatory Mr. MENENDEZ. Mr. President, I action to enforce is subject to the stay cuts on Puerto Rico’s government and have come to the floor time and time and cannot proceed without relief from instrumentalities—a power far beyond again on this issue with a simple mes- the stay. The stay is the legislation we that exercised by the Control Board es- sage: PROMESA, which is the Spanish are passing. So all of this suggesting tablished for the District of Columbia.’’ word for promise, is not a promise; it is that we have to drive into a set of cir- Again, that is from the House Natural a power play leaving the people of cumstances with a bad bill is not the Resources Committee report—‘‘a power Puerto Rico unable to manage their reality. far beyond that exercised by the Con- own government, make their own deci- Time is of the essence as it relates to trol Board established for the District sions, and do what they believe is nec- Congress acting swiftly, but we of Columbia.’’ essary for their own future. In the case shouldn’t allow a somewhat arbitrary They can say: Sorry, Puerto Rico, we of Puerto Rico, we have decided not to deadline to force through a fundamen- know you put your budget together, we help them make their own decisions tally flawed bill, as the retroactive know the legislature passed it, and we but to take the powers of governing stay gives us the time to get it right. know the Governor signed it, but we away from them. July 1 shouldn’t be used as an excuse to think you have to cut in these areas of While I have filed many amendments, abdicate our responsibilities as U.S. education, you have to cut in these unfortunately my colleagues seem to Senators. areas of health care, and you have to have thrown up their hands and said Adoption of the motion to table, cut in these areas of public safety. this bill cannot get any better, we will which I will make later, can still find a They have the power to decide not even try to do the people’s work reasonable middle ground to truly help mandatorily that these cuts must take and have actual debate and votes in the solve the crisis and the humanitarian place. Senate. catastrophe that awaits the people of With respect to the government of I would note that calls for a thorough Puerto Rico rather than simply ignor- Puerto Rico and its instrumentalities, debate on the Senate floor were bipar- ing their sovereignty and choosing the which means subdivisions, it can make tisan in nature. I would remind my col- road to colonialism. While hope is get- appropriate reductions in nondebt ex- leagues that each one of us was elected ting dim, we still have one last oppor- penditures. That is very important. to this very Chamber to debate and tunity to do right by the people of Anything that is considered as an ex- enact legislation to improve the lives Puerto Rico. I will attempt to table a penditure to pay the debt is held sac- of Americans, and that includes the 3.5 pending amendment in order to have rosanct and can’t be touched, but as far million American citizens living in the opportunity to replace that amend- as nondebt expenditures, this board can Puerto Rico. ment if we succeed in going ahead and say: This is where you will make the I know proponents of the bill have ar- tabling it to get a vote on one of my cuts. What are those nondebt expendi- gued, supporting an amendment proc- amendments. tures? They are education, health care, ess would force Puerto Rico to default While that may seem a little bit con- public safety, senior citizens, and all of and have serious repercussions for its fusing as a procedural vote, basically the things we think about to protect people, but they are simply mistaken. what I am saying is if you vote for my the people in our society. It has sole The truth is, the legislation we are motion to table, you are giving me an discretion over the budget. considering will include a retroactive opportunity to have an amendment I ‘‘The Oversight Board shall deter- stay on litigation, meaning any law- plan to offer in its place. mine in its sole discretion’’—a phrase suit filed before July 1 will be halted If we succeed, the majority leader used nearly 30 times throughout the and any judgments unenforceable. As a might try to slip in another amend- bill, which means we are not defining matter of fact, any lawsuits that take ment, but at the end of the day, we will what that means. Sole discretion, as place or any judicial decisions that know the whole purpose of tabling is to commonsense, means they themselves take place, once the legislation is offer an amendment to improve this can determine what is appropriate, passed and signed by the President—it legislation. Why must we improve this whether each proposed budget is com- will be retroactive to December of last legislation? Let me go through what is pliant with the applicable fiscal plan in year. That will be stopped. As the bill wrong with this law. their sole discretion even if that dis- states, the stay bars ‘‘the commence- This creates an oversight board. The cretion is arbitrary and capricious. It ment or continuation’’ of suits to re- board, according to the report by the has the sole discretion to grant or deny cover ‘‘claims’’ against Puerto Rico. It House Natural Resources Committee—I restructuring. also bars ‘‘enforcement . . . of a judg- did not say this; it is the official docu- Why are we even considering legisla- ment obtained before the enactment’’ ment of the House of Representatives, tion? The whole purpose of our legisla- of the bill. which passed this bill. It says: ‘‘The tion is to give Puerto Rico a pathway In addition, section 362 of the Bank- board would have broad sovereign pow- to restructuring in the bankruptcy ruptcy Code, which is incorporated by ers’’—sovereign powers means it has court, where the bankruptcy court and reference into this bill that we are con- total authority on its own—‘‘to effec- the Federal laws would take over, but

VerDate Sep 11 2014 06:42 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.019 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4694 CONGRESSIONAL RECORD — SENATE June 29, 2016 we created a series of problems to that cratically elected government. It im- guarantees the island the ability to re- restructuring. poses the board on Puerto Rico without structure its debts. Indeed, section 206 The oversight board certifies a plan ever consulting the people of Puerto of the bill lists four gatekeeping re- of adjustment only if it determines in Rico. quirements before any restructuring its sole discretion that it is consistent My amendment makes two critical can occur. It must have engaged in with the applicable certified fiscal changes to protect Puerto Rico’s sov- good-faith efforts to reach a consensual plan. Again, they could be arbitrary ereignty and democratic rights. Under agreement with creditors, it must es- and capricious. my amendment, if we get to it through tablish a system to develop and make This board, which has no representa- the motion to table, Puerto Rico will public timely audited financial reports, tion from Puerto Rico that comes from decide for itself whether it will access and it must adopt a fiscal plan ap- the Puerto Rican people—it will have restructuring and accept the control proved by the board. But even if Puerto one person who either has their pri- board, thus preserving the people’s Rico meets and fulfills these require- mary residence or their primary busi- voice in the process. ments, there is still an additional, even ness in Puerto Rico, but they could Second, my amendment adds two ad- higher hurdle it must meet to access have a primary business and not live ditional voting members to the board restructuring. Instead, the fourth there and make dictates about the peo- chosen by the elected representatives gatekeeping requirement in the ple of Puerto Rico. And this person of the people of Puerto Rico. These two PROMESA legislation requires a super- doesn’t come from the Governor and additional members would be chosen by majority of a 5-to-2 vote by the control legislature of Puerto Rico, rep- the President from a list of four can- board in order for any of the island’s resenting the Puerto Rican people. didates submitted by the Governor of debts to be restructured. When you call This board that has control over Puerto Rico with the advice and con- for a supermajority, it means that a their entire lives, which includes their sent of the Legislature of Puerto Rico. minority of that seven—three people— budgets, fiscal plan, the ability to Republicans will still appoint the ma- may be ideologically opposed to the make mandatory cuts, and the ability jority of members from an ideological concept of restructuring or allowing to impose all types of things that a perspective. I personally believe that Puerto Rico to get access to the bank- governing body, in essence, would do— all of the members of the board should ruptcy court and could derail the is- guess who pays for this oversight be chosen by the people of Puerto Rico land’s attempts to achieve sustainable board, which includes seven unelected or their elected representatives, but I debt payments. and unaccountable people? Puerto Rico want to be reasonable and open to com- Without any authority to restructure pays for it. promise, which is why my amendment its debt, all this legislation will do is ‘‘Within 30 days after the date of en- only requires two members of a nine- take away the democratic rights of 3.5 actment, the territorial government member board to be chosen by Puerto million Americans and leave the future shall designate a dedicated funding Rico. Certainly we can all agree that to wishful thinking and a prayer that source’’—meaning a source only to pay the people who have to deal with all of the crisis will somehow be resolved. for this—‘‘not subject to legislative ap- the consequences of this board’s deci- Instead of leaving this critical deci- propriations.’’ Guess what the estimate sions should have some say as to who is sion up to the whims of a minority of of that is. This is the Congressional making those decisions. the board, my amendment would pro- Budget Office. It says Puerto Rico will My amendment would also protect vide a clear path to restructuring by have to pay about $370 million for this senior citizens and avoid an increase in removing this arbitrary vote require- control board. Here is an island that elderly poverty. PROMESA currently ment. Instead, under my amendment, doesn’t have the money to meet some includes a vague and undefined require- the government or instrumentality of the basic necessities that we heard ment to provide adequate funding for would be able to restructure its debts so eloquently talked about on both public pension systems. Our amend- once it completed the first three sides of the aisle, but we are going to ment would ensure that senior retirees gatekeeping requirements. Since the impose at least another $370 million— and pensioners are protected from the main purpose of this bill is to give as is estimated by the Congressional whims of the control board. After all, Puerto Rico the tools to restructure all Budget Office—on them for a control the retirees in Puerto Rico, who spent of its debts, why would we leave this board that they have no say over. 30 years serving the island as police of- authority to chance? They have no oversight over the con- ficers, firefighters, teachers, and In addition to the undemocratic con- trol board. Neither the Governor, nor nurses, didn’t have any choice but to trol board and an obfuscated path to the legislature can exercise any con- participate in the pension plan; it was restructuring, I have serious concerns trol, supervision, or oversight, but they mandatory. Unlike hedge funds that that the bill would actually increase get to pay the $370 million, and they were able to pick and choose what in- poverty and out-migration rather than have to live with all the dictates of the vestments to make and often bought stem both. That is because it provides control board even though they don’t bonds at pennies on the dollar, public an exception to the Federal minimum have representation. servants had to participate in the pen- wage for younger workers, and it ex- To further make sure the control sion system. They had no way of know- empts the island from recently final- board is even more omnipotent, they ing that their nest egg, for which they ized overtime protections. At a time put in a no-liability clause. ‘‘The Over- worked their entire lives, was at risk of when we are seeking to increase work- sight Board, its members and its em- being taken away. They didn’t con- ers’ wages, PROMESA goes in the op- ployees shall not be liable for any obli- tribute to the fiscal problems facing posite direction and actually cuts gation of or any claim against the Puerto Rico, and they didn’t borrow them. Oversight Board or its members or em- too much or fail to make annual con- It amazes me that the solution to ployees or the territorial government tributions to the fund, so why should getting Puerto Rico’s economy growing resulting from actions taken to carry they lose their retirement funds? again is to ensure that workers make out this act.’’ They have absolute im- Besides the fundamental flaws with even less money. Lowering people’s munity. Wow. Wouldn’t we all like to the control board and the failure to wages is not a pro-growth strategy; it have that. provide critical protections for seniors is a pro-migration strategy because My amendment is targeted at im- and retirees, this bill also fails to pro- anyone who lives on the island of Puer- proving the most egregious flaws of vide a clear pathway to restructuring, to Rico and is a U.S. citizen can take a this legislation. My amendment would which is the whole purpose of this leg- JetBlue flight to the United States and ensure that the people of Puerto Rico islation and this debate to begin with. will then have overtime and minimum have a voice in their future. The cur- The unelected control board created in wage protections. It they are a senior, rent legislation denies the Puerto this bill will have the ultimate author- they will have full Medicare protec- Rican people any representation on a ity to decide whether Puerto Rico’s tion. If they are indigent, they will board that effectively replaces the de- debts are even worthy of restructure. have Medicaid protections. They would cisionmaking powers of the legislative Let’s not fool ourselves into believ- have just about everything every other and executive branches of their demo- ing that is a sure thing, that this bill U.S. citizen would have.

VerDate Sep 11 2014 06:42 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.021 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4695 All these provisions would do is in- The board would have broad sovereign pow- executive orders. It can even mandate tensify out-migration to the mainland, ers to effectively overrule decisions by Puer- across-the-board budget cuts with no where Puerto Ricans are eligible for to Rico’s legislature, governor, and other regard to the impact on the people. everything I just discussed. That is public authorities. [It can] effectively nullify any new laws or So mark my words. If we don’t seize why my amendment strips these offen- policies adopted by Puerto Rico that did not this opportunity to address this crisis sive and unrelated riders out of this conform to requirements specified in the in a meaningful way, we will be right bill. bill. back here in a year, picking up the I urge my colleagues to support these Even the bill’s own author noted in pieces. So while it is absolutely clear commonsense improvements to the bill the committee report: ‘‘[T]he Oversight that we need to act and act decisively by voting for my motion to table. Board may impose mandatory cuts on and expediently—— I have known for the past several Puerto Rico’s government and instru- The PRESIDING OFFICER. The Sen- weeks—well, maybe months since I mentalities.’’ ator has consumed 25 minutes. started coming to the floor in Sep- If the board, in its sole discretion, as Mr. MENENDEZ. I thank the Chair. tember of last year and then urgently the bill cites 29 times, uses the super- So while it is absolutely clear that several times in December of last year powers in this bill to make mandatory we need to act and act decisively and to say now is the time to act so we are budget cuts that harm the people of expediently to help our fellow citi- not up against an emergent situation— Puerto Rico, there is nothing anybody zens—U.S. citizens in Puerto Rico— but, no, I guess the 3.5 million citizens just as importantly, we need to get it of Puerto Rico did not deserve the type from Puerto Rico can do about it. And these powers aren’t limited to right. Working together and helping of attention and urgency we, as Mem- just budget and fiscal policy. As the each other in a time of need is what bers of Congress, should have given to this country is all about. When a hurri- them. I understood that for that period bill states in section 205, the control board can submit recommendations to cane hits the Gulf Coast or a tornado of time, the deck was stacked against ravages the Midwest or when we see the people of Puerto Rico, but I am not the Governor on a wide range of issues, wildfires in the West, or we see what ready to give up just yet. including how Puerto Rico organizes Put simply, PROMESA exacts a price its government agencies, how they happened in West Virginia, I don’t far too high for relief that is far too meet the pension obligations, what stand here and ask how my constitu- uncertain. If we throw our hands up in services the government delivers, how ents in New Jersey were affected. Rath- the air and refuse to make changes to they determine wage performance er, I stand with my fellow Americans this wholly inferior bill, which we can standards, and, perhaps most egre- and fight to provide relief, regardless of protect by the retroactive nature that giously, the control board can submit what State or territory they are from. we have already put in the legislation recommendations on ‘‘the privatization So it seems to me there is a reason to stay any judgments, we will cast a and commercialization of entities we call this country the United States dark shadow on the future of Puerto within the territorial government.’’ of America, and U.S. citizens enjoy the Rico. While this section calls these com- privilege of calling America home. The A vote against tabling my motion, ments recommendations, another sec- 3.5 million U.S. citizens in Puerto Rico against tabling the pending amend- tion allows the board to ‘‘adopt appro- are also part of that great American ment, is a vote to disenfranchise 3.5 priate recommendations’’ submitted by people. million Americans. It is a vote to au- the Oversight Board under section 205. As I have outlined, I have an amend- thorize an unelected and all-powerful So, in essence, they can adopt the very ment to make reasonable and targeted control board that could close schools, essence of what they are saying is a improvements to this legislation so shutter hospitals, and cut senior citi- recommendation. that workers get the retirement they zens’ pensions to the bone. It is a vote The board can decide to hold a fire deserve, the people of Puerto Rico are to force Puerto Rico, without their sale and put Puerto Rican natural won- protected from egregious attacks on say, to go $370 million further in debt ders on the auction block to the high- their pay, the island has unimpeded ac- to pay for this omnipotent control est bidder. Is that what the people of cess to restructure its debt, and, most board which they don’t even want. It is Puerto Rico want? Is that what we importantly, the people of Puerto Rico a vote to cut the minimum wage down want? have a say in their future—the consent to $4.25 per hour for younger workers in The fact is, this legislation puts bal- of the governed, the very essence of Puerto Rico. It is a vote to make Puer- anced budgets and untested ideology what democracy is all about. to Ricans work long overtime hours ahead of the health, safety, and well- MOTION TO CONCUR WITH AMENDMENT NO. 4865 without fair compensation or protec- being of children and families similar So, Mr. President, I move to table tion. It is a vote to jeopardize collec- to how the control board travesty un- the motion to concur with amendment tive bargaining agreements. It is a vote folded in Flint. Without their voices No. 4865, and I ask for the yeas and to cut worker benefits and privatize in- represented on the control board, there nays on my motion. herent government functions. It is a is nothing the people of Puerto Rico The PRESIDING OFFICER. Is there a vote to place well-heeled hedge funds will be able to do. The fact that the sufficient second? and creditors ahead of the people. It is Puerto Rican people will have abso- There appears to be a sufficient sec- a vote to give the board the power to lutely no say over who is appointed or ond. sell off and commercialize natural what action they decide to take is The yeas and nays were ordered. treasures that belong to the people of clearly blatant neocolonialism. Mr. MENENDEZ. Mr. President, with Puerto Rico. And at its worst, it is a I am afraid we are opening the flood- that, I reserve the remainder of my vote to authorize an unelected, un- gates for Puerto Rico to become a lab- time. checked, and all-powerful control oratory for rightwing economic poli- I yield the floor. board that determines Puerto Rico’s cies. Puerto Rico deserves much more Mr. UDALL. Mr. President, once destiny for a generation or more. than to be the unwilling host of untest- again, Congress has responded at the Let’s be clear. The people of Puerto ed experiments in austerity. last possible moment to a dire issue— Rico find this board to be offensive and I am not advocating to completely in this case, the debt crisis in Puerto disrespectful. In fact, according to a re- remove all oversight powers. To the Rico. Friday, July 1, is a critical dead- cent poll commissioned by Puerto contrary, I support helping Puerto line for the island Commonwealth, the Rico’s largest newspaper, El Nuevo Rico make informed, prudent decisions date when Puerto Rico must repay $1.9 Dia, 69 percent of all respondents op- that put it on a path to economic billion in debt service that it has re- posed—69 percent—opposed the growth and solvency. But despite its peatedly stated that it is unable to PROMESA bill—the bill we are voting name, the oversight board envisioned pay. If we had failed to act, over 3.5 on today—while 54 percent opposed the by this bill doesn’t simply oversee; it million Americans would have faced an very idea of having an oversight board. directs, it commands, it controls. The economic and humanitarian crisis. Their concerns are validated by the control board has final say on the fis- The Commonwealth government has nonpartisan Congressional Budget Of- cal plan, final say on the budget. It can stated that, even after clawing back fice which, as I said earlier, says: veto laws, contracts, rules, regulations, revenues from other parts of the public

VerDate Sep 11 2014 06:42 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.022 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4696 CONGRESSIONAL RECORD — SENATE June 29, 2016 sector like education, health, and pub- erally shut down the Export-Import times people will say ‘‘Well, that is lic safety, it will not have sufficient re- Bank and made it unable to function just about this company or that com- sources to meet the entire debt service for the first time in its 80-year history. pany’’; fill in whatever big name cor- obligation due on July 1. That is just a Now, that may not seem like a lot. It poration you want to. But the bottom few short days from now. may not seem as though it is some- line is this isn’t just about those com- On January 27 of this year, I joined 44 thing we should be very concerned panies; it is about a supply chain that of my colleagues in the Senate to urge about, but I can tell my colleagues goes all the way down States as small Majority Leader MCCONNELL to work that workers across our country— as North Dakota. with us and swiftly enact legislation to workers who work in manufacturing, If you look at Boeing, for instance, give Puerto Rico access to the tools it individuals whose livelihood depends and you look at what the impact is on needs to address the debt crisis. Over on exports from our country—know the Boeing and what that means for our 150 days later, the Senate is only just impact today of this action, or inac- producers, Boeing currently has 16 sup- beginning to act. tion. pliers in North Dakota, which will lose This Congress has dragged its feet on Despite the fact that Congress reau- out—not just could lose out but will important issues, waiting until we are thorized the agency six months ago, lose out—if Boeing doesn’t get enough right up against dangerous deadlines to the Ex-Im Bank has been hamstrung support from the Ex-Im Bank to sus- take critical action. Puerto Rico is just from supporting American jobs and tain its operations and to continue to one example; funding to fight Zika is businesses because there isn’t a produce its planes with American another. We saw these problems on the quorum on the Ex-Im Bank. For dec- workers. horizon long ago; yet the majority al- ades, the Export-Import Bank has Today I bring this wheel loader to lowed the problem to build, permitted helped level the playing field for Amer- the floor of the Senate, and I do that the crisis to grow, waited until the last ican businesses and American workers, because this demonstrates the effect minute, and, in doing so, restricted the and it is past time for politics to stop that this lack of activity on this nomi- Senate’s opportunity to act. dictating whether, in fact, the Bank nation will have on Case New Holland The Senate has just passed the can do its job. in my State. House-passed bill, the Puerto Rico The current nominee to the Ex-Im Case New Holland has a dealer in Oversight, Management, and Economic Bank Board—the nominee that would, New Jersey called Hoffman Equipment Stability Act. I understand that this in fact, provide a quorum—was nomi- that has secured an $80 million deal was a difficult issue on which the ad- nated not by a liberal Democrat, not with the country of Cameroon. The ministration and Republicans and by the President, but instead was the only way Cameroon can afford this deal Democrats struggled to agree. This bill Republican nominee to the Ex-Im Bank is if they use Ex-Im financing. If the is far from perfect, but without it, the Board. His name is Mark McWatters. deal doesn’t go through, facilities in situation in Puerto Rico will worsen. His nomination is currently pending in three States will lose. So who are I share my colleagues’ concerns the Senate Banking Committee, and those? Take today North Dakota, the Senate Banking Committee chair- about the unelected fiscal control where we produce these wheel loaders man has told us in no uncertain terms board. Cuts to public services and pub- in Fargo. lic safety for the benefit of debt hold- he will not bring up the McWatters The great irony of this is that as we ers and financial speculators would be vote in the committee because of his have been challenged in our agriculture unacceptable. Also, just as Republicans own personal opposition to the Ex-Im economy and agriculture manufac- Bank. Again, despite the fact that 64 tried to use funding to fight Zika as turing, guess what. Agriculture manu- Republican and Democratic Senators, cudgel to push through cuts to the Af- facturing is down, in part because we along with 70 percent of the Represent- fordable Care Act and reproductive stimulated a lot of purchases back atives in the House of Representatives, health, they now are using the crisis in when the economy was good in farm voted last year to reauthorize the Ex- Puerto Rico to chip away at funda- country. But I will tell you that 70 peo- Im Bank. mental labor protections, such as over- If we do not take this step—if we do ple just in the last couple of weeks time pay and the Federal minimum not, in fact, get the Bank up and run- have been laid off at Case in Fargo. wage. ning—we will continue to do what we Think of what is going to happen if I supported the bill with these sub- have been talking about, which is pink- we lose this sale. Think of what will stantial reservations because it was slipping the American manufacturing happen to workers in Iowa if they lose critical to pass this legislation before workers. the sale for the backhoes that are pro- July 1. The Senate would have been So here we are today to recommend duced in Iowa by Case. Think about able to exercise its right of careful con- that this body take action so that no what is going to happen in Kansas if we sideration and debate if this bill had more workers—no more hard-working lose the skid steer portion of that Cam- been brought to the floor when we manufacturing Americans—are pre- eroon sale. called for it in January. But today, the vented from doing their job and are I will tell you every day we are losing time was up. I urge Congress to stop given pink slips and laid off. jobs because of the inability of the Ex- this destructive pattern of procrasti- When we look at where we were last Im Bank to do its job in promoting and nating on difficult issues and waiting year and the challenges that we had, guaranteeing that American manufac- until the eleventh hour to act on crit- we had an all-out debate. A lot of peo- tured products find their way into the ical issues. ple say there wasn’t a debate on this; global marketplace. The PRESIDING OFFICER. The Sen- we didn’t get a chance to air our griev- GE announced in June that it will re- ator from North Dakota. ances. That is strictly nonsense. We ceive financing from the French export EXPORT-IMPORT BANK fought this issue very hard, had many, credit agency to support exports that Ms. HEITKAMP. Mr. President, I ask many floor debates, many, many floor will be made in France now rather than unanimous consent to display a replica discussions about this, and at the end the United States. So the French credit of a wheel loader that is produced in of the day, the vast majority of this export agency will be providing an ad- North Dakota. body voted to reauthorize and put the ditional line of credit for gas turbines The PRESIDING OFFICER. Without Ex-Im Bank back to work. that will be produced not in the United objection, it is so ordered. So why are we in the spot we are in States but will be produced in France Ms. HEITKAMP. Mr. President, it today? Because we cannot do any cred- and exported to countries such as may seem like an odd request, but it it over $10 million without approval of Saudi Arabia, Mexico, and Brazil. As a actually has a purpose because it re- a bank board. It cannot be done unilat- result, GE will invest $40 million in the flects literally hundreds of jobs in my erally. As a result, many, many cred- French economy instead of investing State—really, hundreds of jobs across its—in fact, $2 billion worth of activ- $40 million in the American economy. the country. ity—are pending in the pipeline at the Do we know what that means? That June 30 will be an anniversary that is Ex-Im Bank. means when we look at these jobs—just really not worthy of celebration; that When we look at many of the big translate $40 million, and we recognize is, it is the anniversary of when we lit- companies across this country, a lot of a lot of that is input costs, but one of

VerDate Sep 11 2014 01:20 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.043 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4697 the major input costs in all of this is ican exports. Thanks to a single senator, it ing our economy.’’ The bank makes money, American workers. How can we stand has been a full year since the 82-year-old Ex- through proceeds from its loans and insur- by and let this happen? How can we port-Import Bank could approve deals ex- ance lines, but conservatives cite the risks stand by and not fight for these jobs for ceeding $10 million, a limit that rules out to taxpayers. The bank’s chairman, Fred P. high-dollar deals on airplanes, power genera- Hochberg, said he had not talked with Mr. American manufacturers? There is no tors, heavy equipment and nuclear reactors. Shelby all year, adding, ‘‘In Washington, not way we can come to the floor and say More than 30 transactions worth more than returning a call is an art form.’’ we are for the American worker and $20 billion to American businesses are stuck The Ex-Im Bank was created during the not be for the Export-Import Bank. No awaiting assistance for their buyers, in the Depression as a lender of last resort for ex- way can we come to the floor and say so far vain hope that Senator Richard porters’ foreign customers that cannot get we are for global competition that will Shelby, Republican of Alabama and once a commercial loans. More than 60 countries put the best products into the market- bank supporter, will end his power play and followed the United States’ lead. China’s ex- allow the agency to fully function. port credit operation is by far the largest. place, which are American products, In turn, giants like General Electric and By one measure, the lack of a quorum at and not move the Bank forward. Boeing are shifting more operations and jobs the American bank would not seem a prob- I am going to yield to my friend from abroad. Other nations’ export-credit agencies lem. In recent years, about 98 percent of ap- the State of Washington or yield to my are ‘‘rolling out the red carpet,’’ said John G. plications for help have been for loans under friend from the great State of Iowa. Rice, the G.E. vice chairman. $10 million. But in dollar terms, two-thirds Ms. CANTWELL. Mr. President, I Last June 30, the so-called Ex-Im Bank two of all assistance has gone for deals exceeding wanted to ask the Senator from North blocks from the White House closed its door that amount, mostly for customers of big- Dakota a question, if I could. I see she to all new business after a faction of conserv- item manufacturers like Boeing, G.E., Cater- ative Republicans, denouncing ‘‘corporate pillar, Westinghouse and John Deere. has been out here with an actual dis- welfare,’’ blocked renewal of its charter. The bank’s backlog of 30 transactions does play. In December, the bank’s bipartisan sup- not even count a multibillion-dollar deal for It is quite amazing that we have to porters in Congress secured the agency’s re- Westinghouse to build six nuclear reactors in go to this level to bring up an issue opening, only to watch Mr. Shelby play what India that was announced this month by about jobs in our economy, but I ad- has proved to be a very strong hand. As President Obama and India’s prime minister, mire the dedication of the Senator chairman of the Senate Banking Committee, Narendra Modi. That, too, will need a func- from North Dakota in saying how im- he bottled up President Obama’s nomination tioning Ex-Im. portant it is because we are about to go of a third member for the bank’s five-person ‘‘We will certainly need a quorum at the board. Only the board can approve trans- bank for the project’s completion,’’ said home for another summer recess here actions of more than $10 million; without a Courtney A. Boone, a Westinghouse spokes- in a few weeks and everybody thought quorum of three it cannot. The resulting woman. last year we were passing legislation seven-month impasse reflects both the long- Especially in the developing world, some that was going to secure America’s standing power of a single senator to block countries require that exporters bidding for place in a global economy by making action in that institution, and the more re- sales have backing from an export credit sure that products we make can be sold cent ascendance in the Republican Party of agency. So some American companies are in overseas markets. conservative populists—hostile to all things seeking or accepting support from foreign The secret is, though, that there are big, business and government—over once- agencies, which in turn require bidders to dominant pro-business types. create jobs in their countries. Boeing did win now 30 transactions worth more than ‘‘It’s very troubling to me, and I think a a contract with VietJet for 100 American- $20 billion that aren’t getting done lot of others, that one person can hijack a made aircraft, a deal announced during Mr. simply because one Senator refuses to process and keep the export credit agency Obama’s visit to Vietnam in May. Financing let a nominee out of the committee. So from functioning in the United States when will be arranged closer to delivery, leaving one Senator is holding up the sale of a two-thirds of Congress support it,’’ Mr. Rice open the question of whether the Ex-Im product of which Senator HEITKAMP said. Bank will help. has a replica on her desk. They are Two weeks ago, G.E. announced it would Foreign carriers like VietJet ‘‘continue to expand manufacturing of gas turbines in believe that the United States wouldn’t be so holding up the sale of airplanes, and France rather than Greenville, S.C., in re- foolish as to dismantle its Export-Import they are holding up the sale of other turn for French export financing for sales in Bank,’’ said Tim D. Neale, a Boeing spokes- products all because they don’t want to countries including Saudi Arabia, Brazil and man. ‘‘But the other issue is to what degree have a functioning board. We are here Mexico. does this have a chilling effect on ongoing to ask our colleagues on the other side Last September, G.E. announced a flurry sales campaigns for future deliveries?’’ Also of the aisle to help us break this log- of moves: creating up to 1,000 jobs in the in May, a Boeing official at its facility in jam so we can sell export products. Czech Republic to produce turboprop aircraft Alabama publicly criticized Mr. Shelby, say- I was curious to ask the Senator engines; shifting 500 power-project jobs from ing he was putting local jobs and suppliers at Texas, South Carolina, Maine and New York risk. from North Dakota because she was to France, Hungary and China; promising Mr. Shelby has stood firm, endearing him mentioning how these transactions are 1,000 energy-sector jobs in Britain, whose ex- to conservative anti-government groups cru- happening now; that is, people are de- port bank will finance up to $12 billion in sading to close the bank—and known to ciding to move. G.E. sales to Brazil, Ghana, India and Mo- spend freely against politicians who cross Mr. President, I ask unanimous con- zambique; and relocating 350 engine manu- them. Their blessing was especially impor- sent to have printed in the RECORD a facturing jobs from Waukesha, Wis., to a new tant to the senator as he faced a conserv- New York Times article entitled ‘‘A factory in Canada. ‘‘Is it going to put G.E. ative challenger in Alabama’s March Repub- Single Senator Stymies the Export-Im- out of business? Absolutely not,’’ Mr. Rice lican primary. Mr. Shelby suggested to col- said. ‘‘We can go to a plant in France, or a leagues and reporters that he would let his port Bank.’’ plant in Switzerland and Germany.’’ But, he committee act on the Ex-Im board nominee It says that about 2 weeks ago, GE added, ‘‘A lot of our suppliers can’t come afterward. ‘‘He said, ‘I can’t do this before was making an announcement that with us.’’ the primary,’ ’’ said Senator Sherrod Brown they were going to expand manufac- Boeing is working with Britain’s agency to of Ohio, the senior Democrat on the banking turing in France rather than in South finance airplane purchases for unspecified committee. ‘‘We took that to mean he’d do it Carolina, how they were investing in customers, on the condition that Boeing use after he won his primary.’’ the Czech Republic instead of in Texas, Rolls-Royce engines. A company based in Yet Mr. Shelby continues to block Senate and that jobs in South Carolina, Maine, Bermuda canceled a contract for satellites, a confirmation of J. Mark McWatters, for- company in Singapore declined Boeing’s bids merly an aide to the Republican chairman of and New York were also getting trans- to sell satellites and Ethiopian Airlines the House banking committee. ferred to other countries. wrote the manufacturer that the lack of Ex- Senate Democrats recently tried to force a There being no objection, the mate- Im Bank financing threatened ‘‘our ability Senate vote, bypassing Mr. Shelby’s com- rial was ordered to be printed in the to purchase Boeing aircraft in the future.’’ mittee, but they needed the Senate’s unani- RECORD, as follows: Mr. Shelby was unavailable over several mous consent. Mr. Shelby objected, without [From the New York Times, June 27, 2016] days to discuss the issue, a spokeswoman further word. ‘‘This is old school politics, said. She instead provided a statement that right?—‘I’m the chairman and I can de- A SINGLE A SENATOR STYMIES THE EXPORT- the senator ‘‘believes that his actions are in cide,’ ’’ said Senator Heidi Heitkamp, Demo- IMPORT BANK the best interest of the American taxpayer.’’ crat of North Dakota. (By Jackie Calmes) ‘‘Nearly 99 percent of all American exports She added, ‘‘I don’t go to bed worrying WASHINGTON.—Thursday is an ignominious are financed without the Ex-Im Bank,’’ it about the executives at Boeing or G.E., be- anniversary for the government agency that said, ‘‘which demonstrates that the bank is cause guess what? They have options. The helps finance foreigners’ purchases of Amer- more about corporate welfare than advanc- American worker doesn’t have options.’’

VerDate Sep 11 2014 01:59 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.024 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4698 CONGRESSIONAL RECORD — SENATE June 29, 2016 Ms. CANTWELL. The whole point of is fine. Let’s put language somewhere which are issued by roughly 17 dif- the export credit agency is to give U.S. in a product that is moving. We can ferent entities. According to manufacturers the credit. look at the FAA bill. We can look at Bloomberg, Puerto Ricans themselves My point is that these products are anything. But to go home for the re- hold $20 billion of the debt. agriculture based. If the Senator from cess, all the way through the month of Nearly 60 percent of Puerto Rico’s North Dakota could explain, these August—leaving those farmers without debt is held largely in the individual aren’t agricultural manufacturing economic closure to a deal that has retirement accounts and 401(k)’s of reg- products, but she is saying that there been inked, to a sale that has been ular folks throughout the U.S. In fact, are also large-scale U.S. manufacturing made, to jobs that are being created— over 17,000 Iowans are invested in mu- products out of agriculture that also because you won’t let somebody have tual funds containing at least one type are not getting credit financing? an operating majority on a board of Puerto Rican bonds. Ms. HEITKAMP. Absolutely, and if seems like a very drastic step. Is that These folks aren’t vultures. They are we don’t move with haste, if we don’t why the Senator from North Dakota is middle-class taxpayers who invested supply on time, we won’t get the busi- here, to ask our colleagues to step up their hard-earned money into one of the many tax-exempt municipal bond ness. to the plate and help us resolve this be- The PRESIDING OFFICER. The time funds containing Puerto Rico’s bonds. fore the July recess? Why should they be forced by Con- of the Senator from North Dakota has Ms. HEITKAMP. I thank Senator gress to bailout Puerto Rico’s govern- expired. CANTWELL. That is why I am here. But Ms. CANTWELL. Mr. President, do I ment and pension obligations? The an- I am also here to ask my colleagues to swer is they shouldn’t, but unfortu- have time reserved in the consent be empathetic, to understand what it nately, there is no guarantee that agreement? would feel like if you were employed in these hardworking folks’ investments, The PRESIDING OFFICER. The Sen- a gas turbine business in one of the whether in Iowa or elsewhere, won’t be ator from Washington has 10 minutes. Carolinas and that business went to haircut in order to fund pension obliga- Ms. CANTWELL. I yield whatever France because we couldn’t figure out tions or Christmas bonuses for public time for our discussion to continue of how to open up the Bank. How would workers in Puerto Rico. that 10 minutes. you feel? This didn’t have to be the case. At The PRESIDING OFFICER. The Sen- I think it is so important to not just our December hearing I stated two ator from North Dakota. reflect on our trade deficit but on the principles that have guided me as this Ms. HEITKAMP. Why I think it is ab- imperative of building our manufac- issue has progressed. solutely critically important to make turing base and our export base. If that First principle, any inclusion of debt this point, not just about what we is not enough of an economic argu- restructuring or bankruptcy should produce but who produces it, is because ment, let’s look at the microargument. occur only at the end of the line, as a at the end of the day, 95 percent of all Let’s look at what is happening to tool of last resort. Otherwise the con- potential consumers do not live in this American families because we aren’t trol board will face too great of a temp- country, and America still remains the getting our job done here. So, as I said tation to use bankruptcy to balance best and most treasured producer of before, I don’t go to bed worrying the budget, as opposed to imple- quality construction equipment in the about the executives at GE or Boeing menting all available means to in- world. because they have options and they are crease and collect revenues, while re- These are jobs that have helped my exercising those options. Those options ducing expenses within government. manufacturing sector that is dependent include moving to Canada and France. Second principle, it would be a bad on agriculture, which has huge chal- The American worker is not going to idea for Congress to permit Puerto lenges right now. If we can’t produce be moving to France to take those Rico to walk away from its constitu- tractors that farmers are going to buy, jobs. That American worker is getting tional debt obligations through what we can produce construction equip- a pink slip, and that is wrong. That is some call an unprecedented super chap- ment that everyone can buy to build wrong in so many ways. ter 9 bankruptcy. infrastructure in their countries. There So I thank Senator CANTWELL for her In fact, I received a letter from Gov- is a narrow view in this Congress, but steadfast and absolute commitment to ernor Branstad of Iowa stating that 67 Senators voted to open up the Ex- opening up the Bank. I think every- granting Puerto Rico such authority port-Import Bank and over 70 percent body should have a moment of personal ‘‘would set a dangerous precedent and of the House of Representatives said: reflection, not just on the economics of likely raise the borrowing costs for This is nonsense; let’s open up the Ex- this but on the impact this is having States and municipalities across the nation, which would reduce our ability port-Import Bank. Yet we are unable on literally thousands of American to invest in vital services and erode in- to do it because credit over $10 million families. cannot be moved forward without the The PRESIDING OFFICER. The Sen- vestor confidence in the whole notion of ‘full faith and credit’ debt.’’ approval of the Bank Board, and the ator from Iowa. Unfortunately, the House bill fails to Bank Board cannot operate without a Mr. GRASSLEY. Mr. President, I meet the two principles I have outlined quorum. That is the bottom line. want to share my concerns about the above. First, the bill operates under Ms. CANTWELL. Mr. President, I Puerto Rico legislation we’re consid- the presumption that the only way to wish to ask the Senator from North ering. balance the budget is to restructure Dakota just one more question, be- I’ve been involved with this issue for debt. cause I want to make sure she con- quite a while now. This past December This means that the oversight board tinues to make her point and I know I chaired a hearing in the Judiciary will have more flexibility to avoid we have a colleague waiting. Aren’t we Committee to examine the root cause making difficult fiscal reforms to bal- here right now today to ask our col- of Puerto Rico’s fiscal problems. At the ance the budget, because the debt can leagues that when we come back after hearing we learned that even when simply be restructured. July 4 and we have 2 weeks, we dedi- Puerto Rico’s economy took a down- In fact, one of the oversight board’s cate ourselves to this? turn, government spending did not. first responsibilities is to create a fis- It is not every day that the Senate Instead of making difficult decisions cal plan that ‘‘provides adequate fund- can be involved in an activity that cre- to cut spending and balance its budget, ing for public pension systems’’ and in- ates so much economic value—$20 bil- the government kept borrowing to fi- cludes a ‘‘debt sustainability analysis.’’ lion in job creation—but we can get nance its operations, using tax-exempt Neither of these terms are defined. The this done. So we are here asking our bonds to roll over debt. As a result, oversight board may very well read colleagues to step up and help us re- Puerto Rico now has one of the largest these terms as permitting full funding solve this issue in whatever way pos- government deficits in the United of pensions, while only funding ‘‘sus- sible. States, and debt we’re told isn’t pay- tainable levels of debt service.’’ If someone doesn’t want to let a able and must be restructured. Not surprisingly, this is exactly what nominee out of committee because As many of you know, a wide array of the Obama administration seeks to ac- they made a promise to somebody, that investors own Puerto Rican bonds, complish: protecting pensions at the

VerDate Sep 11 2014 06:42 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.026 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4699 expense of other retirees. The effect RECESS birth defect does not only to the baby this bill has for retirees in Iowa and Mr. DAINES. Mr. President, I ask involved but to the families who must elsewhere is that they must place their unanimous consent that the Senate re- necessarily support them. This condition is tragic. It can cause trust in an oversight board to act cou- cess until 4:40 p.m., with the time dur- seizures, intellectual disabilities, hear- rageously and make hard decisions, ing the recess being charged to the Re- ing and vision problems, and develop- lest they find themselves bailing out publican side. mental delays, and of course a pre- Puerto Rico’s government. The PRESIDING OFFICER. Is there mature death. That is the kind of life Second, no matter what the House objection? that awaits these children and the fam- bill calls it, title III’s debt restruc- Without objection, it is so ordered. ilies of children born with turing authority, which allows for the Thereupon, the Senate, at 4:20 p.m., microcephaly if they are fortunate restructuring of debt that is issued or recessed until 4:40 p.m. and reassem- enough to survive. As I mentioned yes- guaranteed by Puerto Rico, is super bled when called to order by the Pre- terday, it was reported that a child chapter 9. siding Officer (Mr. GARDNER). Investors and the municipal bond with microcephaly was born in Florida. f market have treated Puerto Rico like a In this case, I stand corrected. That State. Granting Puerto Rico the au- NATIONAL SEA GRANT COLLEGE was not as a result of a mosquito bite thority to restructure ‘‘state-like’’ ob- PROGRAM AMENDMENTS ACT OF in the United States, but rather the ligations will be viewed as precedent 2015—Continued mother contracted the virus while in Haiti and traveled back to her home in for giving a State similar authority. Of The PRESIDING OFFICER. The Sen- course, no State is going to ask to be Florida. ator from Tennessee. The simple point is, this is playing covered by the House bill. Rather, they (The remarks of Mr. ALEXANDER and with fire. It was just a few weeks ago, will say if a territory can receive un- Mr. CORKER are printed in today’s actually May 23, 2016, when the Demo- precedented authority from Congress, RECORD during consideration of S. Res. cratic leader insisted we immediately then why shouldn’t a State? Illinois is 516.) fund the President’s request of $1.9 bil- watching this issue very closely. The PRESIDING OFFICER. The Sen- lion in emergency funding. He said: Moreover, by creating this new au- ator from Louisiana. Instead of gambling with the health and thority Congress has invited material (The remarks of Mr. VITTER per- safety of millions of Americans, Republicans litigation risk. taining to the introduction of S. 3120 should give our Nation the money it needs to Worst case, should the law be found are printed in today’s RECORD under fight Zika and they should do it now. Not unconstitutional under the Takings ‘‘Statements on Introduced Bills and next month, not in the fall—now. Clause, then the Federal government Joint Resolutions.’’) I think the urgency Senator REID was would be liable for money damages— Mr. VITTER. Thank you, Mr. Presi- expressing was felt by all of us, but we the very definition of a bailout. And in- dent. know there is a right way and a wrong creased litigation will cause uncer- I yield the floor. way to appropriate money in the U.S. tainty, which is the last thing needed The PRESIDING OFFICER (Mr. LEE). Congress. We have to pass legislation in Puerto Rico, making it impossible The Senator from Texas. in the Senate, we have to pass legisla- for Puerto Rico to access the capital ZIKA VIRUS FUNDING tion in the House, and then we have to market for years. Mr. CORNYN. Mr. President, about 24 come together in a conference com- If that occurs, then mark my words, hours ago our Democratic friends fili- mittee to reconcile those differences. It sooner or later we’ll be considering bustered an appropriations bill for $1.1 is the conference report that is the whether to provide direct federal finan- billion that they themselves had said product of a negotiation between the House and the Senate that funded this cial assistance to Puerto Rico, despite was an emergency, denying mothers effort at the level that actually passed the claims that this bill doesn’t result pregnant with babies potentially like the Senate just a few short weeks ago. in a taxpayer bailout. this one depicted here from suffering Every single one of our Democratic And given that Puerto Rico has the devastating birth defects associ- friends voted for funding the Zika cri- failed to provide Congress with accu- ated with microcephaly. You can see sis at $1.1 billion. Yet yesterday, all rate financial information regarding the shrunken skull associated with a but I believe one of our Democratic their fiscal crisis, this unprecedented shrunken brain—a devastating impact. colleagues then voted against the very and risky authority appears both un- This is the principal danger of the Zika funding they said was an emergency necessary and unjustified. virus, which heretofore had been lim- back at the end of May. Given the bill’s failure to satisfy the ited to South America and Central two requirements I have laid out, We know given the warmer weather America, places like Puerto Rico, in the southernmost part of the United which unduly harm retirees in my sadly, and Haiti. The mosquito that State, and more importantly, while States and the fact that the mosquito carries this virus is native to Texas, that carries this virus is native to the also setting bad precedent, I can’t sup- Louisiana, Florida, and the southern port this bill. southern part of the United States—we most parts of the United States. So far know this risk is on our doorstep, and Perhaps my concerns will be proven the only cases—save one recently in it is really shameful our Democratic wrong and the bill will work perfectly. Florida—of infection from the Zika colleagues put politics ahead of sound But it’s been my experience that bad virus have been from people who trav- public policy. facts make for bad law. eled to those regions and then returned Here are some of the excuses they Unfortunately, I fear we are simply to the United States. As I said, it ap- gave, and none of them withstand any pushing this problem down the road pears there has been one reported case sort of scrutiny. and have failed to address the root in Florida that has been contracted on First of all, they said: Well, this cause of Puerto Rico’s fiscal crisis at the mainland of the United States. doesn’t provide enough money, even the expense of uncalled for risks and I simply do not understand how the though all of them voted for funding at precedent. Democratic leader from Nevada and his this level of $1.1 billion. They know Mr. President, I yield the floor. colleagues could turn this public that if in fact the public health needs I suggest the absence of a quorum. health crisis into a political circus. in the country are significant enough The PRESIDING OFFICER (Mr. When a pregnant woman contracts that more funding is necessary, there GARDNER). The clerk will call the roll. Zika, it can cause microcephaly like will be an opportunity at some point, The bill clerk proceeded to call the this. Of course, you can imagine, even after due deliberation and discussion roll. if you are just a woman of childbearing and appreciation for the nature of the Mr. DAINES. Mr. President, I ask age, the possibility that you might problem and what the proper response unanimous consent that the order for contract Zika—not knowing how long would be for us to act again—but they the quorum call be rescinded. that virus remains in your body— already voted for funding at this level. The PRESIDING OFFICER. Without would cause tremendous anxiety. You The next bogus argument is that this objection, it is so ordered. can imagine what this devastating is somehow an attack on women’s

VerDate Sep 11 2014 06:42 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.003 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4700 CONGRESSIONAL RECORD — SENATE June 29, 2016 health; specifically, on Planned Par- shouldn’t have done that, and obvi- amendments. Those amendments are enthood. The fact is, there is not a ously it is fiscally responsible to do so, measures such as eliminating some of word of Planned Parenthood in this but they are in dire financial trouble, the protections that I think are nec- bill. You will look in vain for the word and they are going to have some $2 bil- essary to make this bill a better bill. ‘‘Planned Parenthood’’ because it is lion of payments they owe on July 1 to Then we are going to have a budget simply not there. What the Appropria- avoid defaulting on the debt. point of order. I talked to the chairman tions Committee decided to do and I have been here long enough to know of the Budget Committee. He said the what the Senate and House working to- what happens when there is a fiscal cri- budget point of order is a technicality gether decided was to direct funding sis, and Puerto Rico is after all part of because it has more to do with jurisdic- for contraceptive birth control pur- the United States. Puerto Ricans are tional matters and not the fact that it poses to community health centers. It American citizens. I have been here busts the budget. In fact, this bill didn’t exclude Planned Parenthood. In long enough to know that in an emer- doesn’t spend a penny—net—of Federal fact, if you are a Medicaid beneficiary, gency setting with a fiscal financial taxpayer dollars. Finally, we will have Planned Parenthood is a Medicaid pro- crisis, one of the first things that hap- a chance to vote on final passage and vider and you can get those services pens is people will come to Congress then get it up to the President’s desk. provided at Planned Parenthood. and say: Can you provide a bailout—a I hope our colleagues will work with The other bogus argument is some- bailout using taxpayer dollars. Well, a us. We had 68 votes on the earlier vote how there are environmental protec- good thing—maybe the best thing— earlier today. I hope we will have a big tion concerns. Well, the very virus that about the legislation we are getting vote in favor of fiscal responsibility, in causes this terribly devastating birth ready to pass, which passed in the favor of legislation that would avoid defect is carried by mosquitoes. Why in House of Representatives, is that not the potential for a taxpayer bailout, the world would our colleagues across one penny of tax dollars is going to be and demonstrate that we can simply the aisle interfere with efforts to try to used to deal with this financial crisis work together on a bipartisan basis to kill more mosquitoes before they cause in Puerto Rico. You can look at the pass good legislation. this sort of devastating birth defect? Congressional Budget Office score. Mr. President, I yield the floor. This legislation doesn’t erode environ- They scored zero in terms of expendi- The PRESIDING OFFICER. The Sen- mental protections. It provides tar- ture of tax dollars for bailing out Puer- ator from Delaware. geted regulatory relief to combat mos- to Rico. TRIBUTE TO FEDERAL EMPLOYEES quitoes that carry this virus for a short Some of us have seen ads on tele- BRIAN KULESKI AND AMALIE ZEITOUN period of time by making more insecti- vision that claim this bill is a bailout. Mr. CARPER. Good afternoon, Mr. cides available to public health offi- Those are run by the very hedge funds President. cials like those in Houston I visited that enjoyed the profits from investing For more than a year now, I have with recently who said part of their in Puerto Rican bonds that are going come to the Senate floor on a pretty frontline effort to combat this virus is to take a haircut because of the re- regular basis. One of our colleagues sit- to kill mosquitoes, and it has informed structuring of that debt. Of course they ting here I think is the Presiding Offi- the public that if you have pooling are going to try to discourage us from cer’s relief, and he has heard me come water in a flower bed or somewhere trying to do anything about it, but we and talk about some of the great work that can be a breeding ground for mos- shouldn’t listen to the hedge funds on that is being done by some of the quitoes, you need to be attentive to Wall Street and the people who have 225,000 men and women who work for us that and eliminate that place where gotten rich investing in these risky at the Department of Homeland Secu- mosquitoes can breed and propagate. bonds. We ought to do right by all rity. So there is simply no good reason to American taxpayers and make sure As you know, the Department of deny funding to mothers who are wor- they are protected from a run on the Homeland Security is made up of some ried about the possibility that they Treasury by passing this legislation. 22 component agencies, has more than may contract the Zika virus that re- As we know, this legislation would es- 220,000 employees all over the world. sults in the devastating birth defects tablish a Federal oversight board that These men and women perform some of like that exhibited by Laura here. That would help to restructure their debt the toughest jobs in the Federal work- is her name, Laura. She is 3 months and going forward help them get on a force, including from stopping drugs old. fiscally responsible path because what from crossing our borders to protecting I hope when we come back next week, our fellow citizens in Puerto Rico need our cyber networks from hackers, to as the majority leader has said, the most is an economy that is growing, securing nuclear and radiological ma- Democratic colleagues who voted creating jobs and opportunities so peo- terials. The Department of Homeland against this emergency funding bill ple can live where they were born, if Security has a diverse, complex, and they so ardently had insisted upon for they want to. They can stay there. difficult mission. In fact, they have a so long will have another chance to Many of them have been leaving the is- lot of really tough missions. Each and vote. I hope in the interim our friends land for some time because, frankly, it every day tens of thousands of Depart- across the aisle will search their has turned into a fiscal and health-re- ment of Homeland Security employees souls—really their consciences—and lated nightmare. work quietly and diligently behind the they will have maybe a little twinge of I am glad we advanced this bill a lit- scenes to achieve their mission which, regret for having voted to deny the tle bit earlier today. We need to pass it at its core, is helping to keep 300 mil- funding for development of a vaccine and get it to the President’s desk. I re- lion of us in this country safe as we go and insect control and for research so alize it is not perfect. I know many of about our daily lives. we can learn more about this virus so us wish we had an opportunity to offer One of the smaller teams within the we can learn how to combat it more ef- amendments and constructive sugges- Department of Homeland Security— fectively. That is what they denied us tions, but given the timing for both the and one that punches above its yesterday. That is what they denied deadline for default on July 1 and the weight—is called the Domestic Nuclear women like Laura’s mother who need fact that we did not get this bill from Detection Office. Let me say that this money so this doesn’t happen to the House until recently, we are on again. It is not one we heard of very anybody else’s child. this constrained timeline, which makes much. It is called the Domestic Nu- Mr. President, in just a few moments, it hard, if not impossible, to offer addi- clear Detection Office. As you might we are going to have a chance to vote tional amendments, but it is important imagine, we have an acronym for them. on a fiscally responsible bill to help we pass this legislation and get our It is called D-N-D-O, but I am not going Puerto Rico better take care of its work done. to use that acronym today because I economy. We know the government of We will have a chance to vote on don’t like acronyms, especially ones Puerto Rico has gotten themselves into three matters. We will have an effort that are rarely used. The Domestic Nu- an impossible situation—$70 billion of by the Senator from New Jersey to clear Detection Office has a staff of debt that its government can’t repay. tear down the so-called amendment only 125 people out of the 220,000 that We can all think about reasons they tree so he can offer some additional make up DHS, but they are responsible

VerDate Sep 11 2014 01:59 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.031 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4701 for keeping all of us safe from the ations at over 18 large-scale events, in- forcement track down and bring to jus- threats posed by radiological and nu- cluding the 2009 Super Bowl, the 2008 tice those who seek to traffic nuclear clear materials. World Series, and the 2008 Republican material and sell it to criminals and to From tracking known radioactive Governors Association conference. terrorists. materials to supplying detection equip- Throughout Brian’s career, he has Without Amalie’s efforts to keep our ment to Federal, State, and local law earned the respect of his colleagues and technology and expertise moving in the enforcement, to conducting research is recognized as an authority on radio- right direction, detection experts in and building better detection tech- logical and nuclear detection. Through the field, such as Brian, and countless nologies, the men and women at this his thoughtful leadership and, I am first responders and law enforcement office play an integral role in our Na- told, a little bit of humor along the personnel across our country would tion’s effort to, No. 1, detect radio- way, Brian has helped Federal agencies have a lot more material to track and logical materials and, No. 2, to keep and State and local law enforcement a much harder job ensuring the safety them from falling into the wrong work together as one team to protect of our communities. hands. against terrorist attacks. Amalie’s colleagues describe her as Very shortly we will see to my left To Brian and to his team, we want to the ultimate team player. She works some images of just a few of the tech- say a very big thank you today and tirelessly to bring together govern- nologies that are used at this agency every day. ment agencies in the academic commu- and also a few of the employees who While Brian and his team are hard at nity to make sure we are the best in work there as they try to detect and work tracking nuclear material and the world at tracking nuclear material. track some of the most dangerous ma- stopping it before it enters our borders, She is intently focused on maintaining terials that are known to mankind. On others within the Domestic Nuclear our abilities and reaching the goals set the top half of this poster, we will see Detection Office are working to track for her program, knowing that failure a couple of images. One is a field agent the sources of these materials so they to reach them will make it much more who is using mobile detectors mounted can cut off the pipeline before it ever difficult for Brian to achieve his goals. on a jeep to determine if a substance is becomes a threat in the United States. As a country, it is to our benefit that radioactive or not. The other shows ra- When Brian or anyone in the Federal many say Amalie rarely takes no for diation portal monitors. These are Government detects and confiscates an answer. right over here. Some of you have been nuclear materials, they are delivered Both Brian and Amalie are the ulti- to our border. At the border crossings to the National Technical Nuclear Fo- mate team players. With just 125 em- between this country and others, you rensic Center at this agency. The ex- ployees, the Domestic Nuclear Detec- will see them, and you will see them at perts there use advanced technologies tion Office can’t be everywhere at once. our ports too. to break down and analyze the origins It requires everyone—Federal agencies, The second image is the radiation of nuclear and radiological materials. State and local law enforcement, emer- portal monitor, these tall yellow posts In the bottom half of these images to gency planners, and even the academic that are stationed at the ports of entry my left, you can see some of the so- and scientific community. Together we and exits that can passively scan. They phisticated technologies in these two can do more with less, continuously can scan cars, they can scan trucks, frames right here. We can see some of improving our training and equipment, and they can even scan shipping con- the sophisticated technologies that we and staying one giant leap ahead of the tainers as they pass through between need to analyze the materials and bad guys who seek to use these mate- those tall yellow posts at our borders. track their sources. By the way, oper- rials to harm Americans here at home. The men and women at the Domestic ating this state-of-the-art scientific To Brian, to Amalie, to all of the Nuclear Detection Office are charged equipment and instruments requires folks with whom they work at the Do- with detecting and reporting unauthor- years of training and education. mestic Nuclear Detection Office and to ized attempts to import, possess, store, With the right information, employ- everyone around the country who helps develop, or transport nuclear or radio- ees of this office can track materials to detect and track nuclear and radio- logical material. They rely heavily on their source, find out who produced logical materials, we thank each of strong partnerships with local, State, those materials, and arrest the crimi- you. We thank the members of your Federal, and tribal law enforcement to nals who buy, sell, or transport them. team, and we thank you for coming to- achieve this mission. They act as a This is an essential part of our ef- gether to keep the rest of us safe. force multiplier as they equip thou- forts to keep nuclear and radiological To all of you, we say thanks, and God sands on the frontlines with the re- materials away from terrorists whom bless. sources and with the knowledge they we know would like to use them in an With that, I suggest the absence of a need to protect our communities from attack against our country. quorum. nuclear and radiological threats. One Domestic Nuclear Detection Of- The PRESIDING OFFICER (Mr. One of the individuals who takes on fice employee charged with making PERDUE). The clerk will call the roll. The bill clerk proceeded to call the this task every day is a fellow named sure that we are the best in the world roll. Brian Kuleski. As an operational sup- at tracing the origins of nuclear mate- Mr. CORNYN. Mr. President, I ask port program analyst, Brian oversees rial is Amalie Zeitoun. Amalie serves unanimous consent that the order for detection operations in eight States as a program analyst with the National the quorum call be rescinded. and one U.S. territory. Technical Nuclear Forensic Center, The PRESIDING OFFICER. Without Brian Kuleski makes sure that first overseeing nine university and Na- objection, it is so ordered. responders have the training to coordi- tional Laboratory initiatives. Amalie Mr. CORNYN. Mr. President, I yield nate and carry out detection oper- is responsible for hiring the best and back all our time. ations, whether at a major event or in the brightest in the field of nuclear The PRESIDING OFFICER. All ma- a sudden emergency. Through regular forensics. jority time is yielded back. training, exercises, and strategic plan- Since 2008, Amalie has hired 42 The PRESIDING OFFICER. The Sen- ning, Brian Kuleski gives our first re- Ph.D.s for our nuclear forensics work- ator from New Jersey. sponders the tools they need to protect force. These individuals work every Mr. MENENDEZ. Mr. President, I some of our most vulnerable areas from day to improve our technologies and to yield back all the minority time. the threat of nuclear materials. help us track down the sources of these The PRESIDING OFFICER. All time Before joining the Department of dangerous materials. Her continued has been yielded back. Homeland Security, Brian worked for work will ensure that we continue to MOTION TO CONCUR WITH AMENDMENT NO. 4865 the Florida Department of Transpor- attract and retain some of the top sci- Under the previous order, the ques- tation as a State police officer. In that entists in the world. tion is on agreeing to the motion to role he was supporting to detect and Partnering with our detection ex- table the motion to concur with track radiological materials through- perts in the field, like Brian and his amendment No. 4865. out his State. He conducted radio- team, the forensics experts hired by The yeas and nays have previously logical and nuclear detection oper- Amalie help State and local law en- been ordered.

VerDate Sep 11 2014 06:42 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.034 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4702 CONGRESSIONAL RECORD — SENATE June 29, 2016 The clerk will call the roll. [Rollcall Vote No. 115 Leg.] Graham Leahy Rubio Hatch McCain The bill clerk called the roll. YEAS—85 Schatz Heinrich McCaskill Schumer Mr. DURBIN. I announce that the Alexander Flake Nelson Heitkamp McConnell Sessions Senator from West Virginia (Mr. Ayotte Franken Paul Hirono Mikulski Shaheen MANCHIN) and the Senator from Vir- Barrasso Gardner Peters Hoeven Murphy Stabenow Bennet Gillibrand Inhofe Nelson ginia (Mr. WARNER) are necessarily ab- Portman Sullivan Blumenthal Graham Reed Isakson Paul Thune sent. Blunt Grassley Johnson Peters Reid Toomey Boozman Hatch Kaine Reed The PRESIDING OFFICER. Are there Risch Udall Burr Heinrich King Reid any other Senators in the Chamber de- Roberts Vitter Capito Heitkamp Kirk Risch Rounds siring to vote? Cardin Heller Klobuchar Roberts Whitehouse Rubio The result was announced—yeas 44, Carper Hirono Lankford Rounds Wyden Sasse nays 54, as follows: Casey Hoeven Cassidy Inhofe Schatz NAYS—30 Schumer [Rollcall Vote No. 114 Leg.] Coats Isakson Baldwin Ernst Perdue YEAS—44 Cochran Johnson Scott Booker Grassley Portman Collins Kaine Sessions Baldwin Heinrich Paul Boozman Heller Sanders Coons King Shaheen Bennet Heitkamp Boxer Lee Sasse Peters Corker Kirk Shelby Blumenthal Hirono Brown Markey Scott Reed Cornyn Klobuchar Stabenow Booker Kaine Cantwell Menendez Shelby Reid Cotton Lankford Sullivan Boxer Klobuchar Capito Merkley Tester Sanders Crapo Leahy Thune Brown Leahy Cotton Moran Tillis Schatz Cruz Lee Cantwell Lee Tillis Cruz Murkowski Warren Schumer Daines McCain Cardin Markey Toomey Daines Murray Wicker Shaheen Donnelly McCaskill Carper McCaskill Udall Stabenow Durbin McConnell NOT VOTING—2 Casey Menendez Vitter Tester Enzi Mikulski Coons Merkley Whitehouse Manchin Warner Udall Ernst Moran Cruz Mikulski Wicker Feinstein Murkowski The motion was agreed to. Durbin Murphy Warren Wyden Fischer Murphy Franken Murray Whitehouse f Gillibrand Nelson Wyden NAYS—13 STOP DANGEROUS SANCTUARY NAYS—54 Baldwin Markey Sanders CITIES ACT—MOTION TO PROCEED Booker Menendez Alexander Ernst Moran Tester Boxer Merkley Ayotte Feinstein Murkowski Warren Mr. MCCONNELL. Mr. President, I Brown Murray Barrasso Fischer Perdue move to proceed to Calendar No. 531, S. Cantwell Perdue Blunt Flake Portman 3100. Boozman Gardner Risch NOT VOTING—2 The PRESIDING OFFICER. The Burr Graham Roberts Capito Grassley Rounds Manchin Warner clerk will report the motion. Cassidy Hatch Rubio The PRESIDING OFFICER. On this The senior assistant legislative clerk Coats Heller Sasse read as follows: Cochran Hoeven Scott vote, the yeas are 85, the nays are 13. Collins Inhofe Sessions Three-fifths of the Senators duly cho- Motion to proceed to Calendar No. 531, S. Corker Isakson Shelby sen and sworn having voted in the af- 3100, a bill to ensure that State and local law Cornyn Johnson Sullivan firmative, the motion is agreed to. enforcement may cooperate with Federal of- Cotton King Thune ficials to protect our communities from vio- Crapo Kirk Tillis Under the previous order, all lent criminals and suspected terrorists who Daines Lankford Toomey postcloture time is yielded back. are illegally present in the United States. Donnelly McCain Vitter Enzi McConnell Wicker MOTION TO CONCUR WITH AMENDMENT NO. 4865 CLOTURE MOTION WITHDRAWN Mr. MCCONNELL. Mr. President, I NOT VOTING—2 Under the previous order, the motion send a cloture motion to the desk. Manchin Warner to concur with an amendment is with- The PRESIDING OFFICER. The clo- The motion was rejected. drawn. ture motion having been presented The PRESIDING OFFICER. The ma- VOTE ON MOTION TO CONCUR under rule XXII, the Chair directs the jority leader. The question is on agreeing to the clerk to read the motion. Mr. MCCONNELL. Let’s have every- motion to concur in the House amend- The senior assistant legislative clerk body stay close to the Chamber be- ment to S. 2328. read as follows: cause the next three votes are going to Mr. THUNE. I ask for the yeas and CLOTURE MOTION be 10 minutes each. nays. I ask unanimous consent that the We, the undersigned Senators, in accord- The PRESIDING OFFICER. Is there a ance with the provisions of rule XXII of the votes following this vote we just com- sufficient second? pleted be 10 minutes in length. Standing Rules of the Senate, do hereby There appears to be a sufficient sec- move to bring to a close debate on the mo- The PRESIDING OFFICER. Is there ond. tion to proceed to Calendar No. 531, S. 3100, objection? The clerk will call the roll. a bill to ensure that State and local law en- Without objection, it is so ordered. The legislative clerk called the roll. forcement may cooperate with Federal offi- MOTION TO CONCUR Mr. DURBIN. I announce that the cials to protect our communities from vio- lent criminals and suspected terrorists who Under the previous order, the ques- Senator from West Virginia (Mr. tion is on agreeing to the motion to are illegally present in the United States. MANCHIN) and the Senator from Vir- Mitch McConnell, Tom Cotton, Shelley waive all applicable budget provisions ginia (Mr. WARNER) are necessarily ab- Moore Capito, Mike Crapo, Thad Coch- for the motion to concur. sent. ran, Jerry Moran, John Thune, John The yeas and nays have previously The PRESIDING OFFICER. Are there Hoeven, David Perdue, Orrin G. Hatch, been ordered. any other Senators in the Chamber de- Daniel Coats, Pat Roberts, John Bar- The clerk will call the roll. siring to vote? rasso, Bill Cassidy, Patrick J. Toomey, John Boozman, John Cornyn. The senior assistant legislative clerk The result was announced—yeas 68, called the roll. nays 30, as follows: Mr. MCCONNELL. Mr. President, I Mr. DURBIN. I announce that the withdraw the motion to proceed. [Rollcall Vote No. 116 Leg.] Senator from West Virginia (Mr. The PRESIDING OFFICER. The mo- YEAS—68 MANCHIN) and the Senator from Vir- tion is withdrawn. Alexander Casey Donnelly ginia (Mr. WARNER) are necessarily ab- f sent. Ayotte Cassidy Durbin Barrasso Coats Enzi STOP ILLEGAL REENTRY ACT— The PRESIDING OFFICER. Are there Bennet Cochran Feinstein any other Senators in the Chamber de- Blumenthal Collins Fischer MOTION TO PROCEED siring to vote? Blunt Coons Flake Mr. MCCONNELL. Mr. President, I Burr Corker Franken The yeas and nays resulted—yeas 85, Cardin Cornyn Gardner move to proceed to Calendar No. 276, S. nays 13, as follows: Carper Crapo Gillibrand 2193.

VerDate Sep 11 2014 04:53 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.035 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4703 The PRESIDING OFFICER. The Is that title in the legislation we are it with the Roberts GMO bill, would clerk will report the motion. voting on? the acceptance of that be a debatable The senior assistant legislative clerk The PRESIDING OFFICER. The lan- motion before the Senate? Not asking read as follows: guage in question is part of the House how we should vote, but would that be Motion to proceed to Calendar No. 276, S. amendment. a debatable motion? 2193, a bill to amend the Immigration and Mr. SANDERS. Thank you very Mr. MCCONNELL addressed the Nationality Act to increase penalties for in- much. Chair. dividuals who illegally reenter the United I ask that that language be with- The PRESIDING OFFICER. The ma- States after being removed and for other drawn right now. jority leader. purposes. Mr. MCCONNELL. Mr. President, Mr. MCCONNELL. Who has the floor? CLOTURE MOTION would the Senator yield? I think I can The PRESIDING OFFICER. The ma- Mr. MCCONNELL. Mr. President, I clear up his concern. jority leader has the floor. Mr. MCCONNELL. All right. It is my send a cloture motion to the desk. Mr. SANDERS. No, I really won’t understanding that I don’t have the au- The PRESIDING OFFICER. The clo- yield. My request is that that language thority to withdraw a House amend- ture motion having been presented be withdrawn now with unanimous under rule XXII, the Chair directs the ment. What I am doing here, if our consent. friends and colleagues on the other side clerk to read the motion. Mr. LEAHY. Mr. President, a par- The senior assistant legislative clerk will let me, is to offer a complete sub- liamentary inquiry. stitute for that, which is the Roberts read as follows: The PRESIDING OFFICER. The ma- amendment, which I think everybody CLOTURE MOTION jority leader has the floor. We, the undersigned Senators, in accord- understands the content of. Mr. SANDERS. I believe I have the Mr. SCHUMER addressed the Chair. ance with the provisions of rule XXII of the floor. Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The Rob- Mr. MCCONNELL. Mr. President, if I move to bring to a close debate on the mo- erts amendment would be the question tion to proceed to Calendar No. 276, S. 2193, may, I think we have explained this to before the Senate. The House would a bill to amend the Immigration and Nation- everybody over and over again. Let me have to respond to the Senate sub- ality Act to increase penalties for individ- try again. stitute. uals who illegally reenter the United States The Roberts amendment that I will Mr. LEAHY. Mr. President, further after being removed and for other purposes. offer is a complete—a complete—sub- Parliamentary inquiry. Mitch McConnell, David Perdue, Pat stitute for the underlying language The PRESIDING OFFICER. The Sen- Roberts, John Thune, Dan Sullivan, that concerns some of our colleagues ator from Vermont. Roy Blunt, Chuck Grassley, Thom on the other side. Mr. LEAHY. If the majority leader Tillis, Steve Daines, Jeff Sessions, Mr. LEAHY. Mr. President, a par- were to withdraw the Planned Parent- John Barrasso, John Boozman, Richard Burr, Mike Lee, Tim Scott, Deb Fisch- liamentary inquiry. hood amendment and put in the Rob- er, Joni Ernst. The PRESIDING OFFICER. The Sen- erts amendment, which has not been ator will state his inquiry. previously debated, would a vote on ac- Mr. MCCONNELL. Mr. President, I withdraw the motion to proceed. Mr. LEAHY. Parliamentary inquiry: ceptance of that be a debatable issue? The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The mo- Notwithstanding what the majority jority leader may not withdraw House tion is withdrawn. leader has said, the legislation he brought up would defund Planned Par- language. He can only propose an f enthood; is that correct, if it was ac- amendment to the substitute or concur NATIONAL SEA GRANT COLLEGE cepted? in that amendment. Those are debat- PROGRAM AMENDMENTS ACT OF The PRESIDING OFFICER. That is able questions. 2015 not a judgement for the Parliamen- Mr. LEAHY. Mr. President, further parliamentary inquiry. Mr. MCCONNELL. I ask the Chair to tarian. Mr. LEAHY. Parliamentary inquiry: Mr. President, if my friend the ma- lay before the body the message to ac- jority leader were to be able to do what company S. 764. Would that be a position for the United States Senate if we were allowed to he has proposed, would the resolution Mr. SANDERS addressed the Chair. of that matter, then, be a matter of de- The PRESIDING OFFICER. The Sen- vote on it? bate before the body under the normal ator from Vermont. Ms. STABENOW. Parliamentary in- quiry, Mr. President. Senate of rules? Mr. SANDERS. Reserving the right The PRESIDING OFFICER. Yes, the to object, I have a parliamentary in- Mr. LEAHY. Could I get an answer to my parliamentary inquiry? motion to concur is debatable. quiry. Mr. LEAHY. I thank the Presiding Ms. STABENOW. Excuse me. I am Is one of the acts in this overall bill Officer. entitled the Defund Planned Parent- sorry. Mrs. BOXER. Parliamentary inquiry. hood Act of 2015? Mr. MCCONNELL. Mr. President, Mr. President, Parliamentary inquiry. The PRESIDING OFFICER. The ma- Parliamentary inquiry. The PRESIDING OFFICER. The Sen- jority leader. The PRESIDING OFFICER. The ma- ator from California. Mr. MCCONNELL. I know that was a jority leader. Mrs. BOXER. I just want to under- parliamentary inquiry. Mr. MCCONNELL. If I were to offer stand where we are, because there is a Mr. SANDERS. Excuse me, I would the Roberts amendment that will be a lot of angst and discomfort, and I want like an answer to my question, please. complete substitute for the underlying to say to Senator HIRONO, who hap- Regular order. I asked the question. language, would it not alleviate the pened to read what we are voting on, The PRESIDING OFFICER. The concern that our colleagues on the which I really appreciate, and called it Defund Planned Parenthood Act is part other side have? to our attention—— is it the Presiding of the House message to the Senate. The PRESIDING OFFICER. The Officer’s view, in answer to Senator Mr. SANDERS. In other words, sir, question before the Senate would be LEAHY and Senator SANDERS, that the the Defund Planned Parenthood Act of the amendment offered by the majority Senate has no ability to strike the title 2015 is part of the legislation we are leader. called the Defund Planned Parenthood voting on; is that correct? Yes? No? Mr. LEAHY. Further Parliamentary Act of 2015 at this time; that we do not Maybe? inquiry, Mr. President. have the ability to do this? Could we The PRESIDING OFFICER. Would The PRESIDING OFFICER. The not do it by unanimous consent or the Senator please restate his inquiry? House can respond in whatever manner would that not be allowed as well? Mr. SANDERS. Yes. Is it possible it chooses. The PRESIDING OFFICER. The Sen- that, as part of the legislation that the Mrs. BOXER. What does that mean? ate does not strike language; it pro- Senator from Kentucky has intro- Mr. LEAHY. Parliamentary inquiry, poses amendments. duced, that there is a title in there Mr. President: If the majority leader Mrs. BOXER. So if I were to make a called the Defund Planned Parenthood were to withdraw the House bill to unanimous consent request—further Act of 2015? defund Planned Parenthood and replace parliamentary——

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.046 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4704 CONGRESSIONAL RECORD — SENATE June 29, 2016 The PRESIDING OFFICER. Which Mr. SCHUMER. Would the majority NAYS—29 amendment could be a complete sub- leader yield for a question? Blumenthal Markey Sanders stitute replacing that language. Mr. MCCONNELL. I will be happy to Booker Menendez Schatz Mrs. BOXER. Even the title? yield to the Senator from New York. Boxer Merkley Schumer Cantwell Mikulski Sullivan The PRESIDING OFFICER. The title Mr. SCHUMER. So once the majority Cardin Murkowski Tester amendment is a separate question. leader strikes everything but the title Gillibrand Murphy Udall Mrs. BOXER. So the title will re- about whatever it was, the words Heinrich Murray Warren Hirono Paul Whitehouse main; is that correct? Even after the ‘‘Planned Parenthood’’ will not appear Kaine Reed Wyden majority leader does what he says he is in the bill before us at all; is that cor- Leahy Reid going to do, the title called Defund rect? NOT VOTING—3 Planned Parenthood Act of 2015 would C Mr. M CONNELL. Yes. My under- Durbin Manchin Warner remain; is that correct? standing is it will not be in there at The PRESIDING OFFICER. The all. The motion was agreed to. short title is part of the amendment. Mr. SCHUMER. Thank you, Majority The PRESIDING OFFICER. The Mrs. BOXER. I am sorry. I am trying Leader. Chair lays before the Senate a message to get an answer. I didn’t hear it. Mr. LEAHY. Mr. President, may I from the House of Representatives. The legislative clerk read as follows: The PRESIDING OFFICER. The make a further—— Resolved, That the bill from the Senate (S. Chair is trying to answer. Mr. MCCONNELL. Regular order, Mr. 764) entitled ‘‘An Act to reauthorize and The short title is part of the amend- President. ment to the House which the majority amend the National Sea Grant College Pro- Mr. LEAHY. Parliamentary inquiry. gram Act, and for other purposes,’’ do pass leader’s proposed amendment would re- The PRESIDING OFFICER. The with an amendment. place. question is on the laying down of the Pending: Mrs. BOXER. So the title would no message to accompany S. 764. McConnell motion to concur in the House longer be in the bill; is that correct? Mr. LEAHY. Parliamentary inquiry, The PRESIDING OFFICER. That de- amendment to the bill with McConnell (for Mr. President. Roberts) amendment No. 3450 (to the House pends on the action of the House in re- The PRESIDING OFFICER. The ma- amendment to the bill), in the nature of a sponse to the Senate amendment on jority leader has the floor. substitute. the bill. Will the majority leader yield for a McConnell motion to refer the bill to the Mrs. BOXER. So the House is going parliamentary inquiry? Committee on Commerce, Science, and Transportation. to determine whether or not to remove Mr. MCCONNELL. Regular order, Mr. this title: ‘‘This Act may be cited as President. The PRESIDING OFFICER. The ma- the ‘Defund Planned Parenthood Act of The PRESIDING OFFICER. Regular jority leader. 2015.’ ’’ order has been called for. MOTION TO REFER WITHDRAWN I just say to my friends, I don’t know Mr. LEAHY. Mr. President, would the Mr. MCCONNELL. Mr. President, I why the majority leader chose to bring majority leader yield for a question? withdraw the motion to refer to the up this shell. He could have brought up The PRESIDING OFFICER. The Committee on Commerce. any other shell. We should vote no on question is on agreeing to the motion. The PRESIDING OFFICER. The mo- this. Mrs. ERNST. Mr. President, I ask for tion is withdrawn. Mr. MCCONNELL addressed the the yeas and nays. MOTION TO CONCUR WITH AMENDMENT NO. 3450 Chair. The PRESIDING OFFICER. Is there a WITHDRAWN The PRESIDING OFFICER. The ma- sufficient second? Mr. MCCONNELL. I withdraw the jority leader. There appears to be a sufficient sec- motion to concur in the House amend- Regular order has been called for. ond. ment to S. 764 with a further amend- Is there objection to laying down—— The clerk will call the roll. ment, No. 3450. Mr. MCCONNELL. Mr. President, par- The senior assistant legislative clerk The PRESIDING OFFICER. The mo- liamentary inquiry. called the roll. tion is withdrawn. What is the title of the bill? Mr. REID. I announce that the Sen- MOTION TO CONCUR WITH AMENDMENT NO. 4935 The PRESIDING OFFICER. The ator from Illinois (Mr. DURBIN), the Mr. MCCONNELL. I move to concur clerk will read the title of the bill. Senator from West Virginia (Mr. in the House amendment to S. 764 with The legislative clerk read as follows: MANCHIN), and the Senator from Vir- the Roberts substitute amendment S. 764, entitled ‘‘An Act to reauthorize and ginia (Mr. WARNER) are necessarily ab- that strikes and replaces the House amend the National Sea Grant College Pro- amendment. gram Act, and for other purposes.’’ sent. The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, we any other Senators in the Chamber de- clerk will report the motion. have many disputes around here over siring to vote? The senior assistant legislative clerk major issues, but I am perplexed by The result was announced—yeas 68, read as follows: where we are. nays 29, as follows: The Senator from Kentucky [Mr. MCCON- What I am trying to do is to offer a [Rollcall Vote No. 117 Leg.] NELL] moves to concur in the House amend- complete substitute, the Roberts ment to S. 764 with an amendment numbered amendment—and I think everybody un- YEAS—68 4935. derstands what that is. I must say I Alexander Donnelly McCaskill (The amendment is printed in today’s don’t think there is a single person in Ayotte Enzi McConnell Baldwin Ernst Moran RECORD under ‘‘Text of Amendments.’’) America who would think any of our Barrasso Feinstein Nelson CLOTURE MOTION Bennet Fischer colleagues over here would vote to Perdue Mr. MCCONNELL. I send a cloture Blunt Flake defund Planned Parenthood. Peters motion to the desk on the motion to We are not trying to trick anybody. Boozman Franken Portman Brown Gardner Risch concur with amendment. We are trying to get to the Roberts Burr Graham Roberts The PRESIDING OFFICER. The clo- Capito Grassley amendment, and I am offering a com- Rounds Carper Hatch ture motion having been presented plete substitute for a bill with a title Rubio Casey Heitkamp under rule XXII, the Chair directs the that I don’t think sounds particularly Cassidy Heller Sasse clerk to read the motion. offensive from a Democratic point of Coats Hoeven Scott Sessions The senior assistant legislative clerk view. I am perplexed as to what the Cochran Inhofe Collins Isakson Shaheen read as follows: problem is here. Coons Johnson Shelby CLOTURE MOTION Mr. SCHUMER. Would the majority Stabenow Corker King We, the undersigned Senators, in accord- Cornyn Kirk Thune leader yield for a question? ance with the provisions of rule XXII of the The PRESIDING OFFICER. The ma- Cotton Klobuchar Tillis Crapo Lankford Toomey Standing Rules of the Senate, do hereby jority leader has made a motion. Cruz Lee Vitter move to bring to a close debate on the mo- The Senator from New York. Daines McCain Wicker tion to concur in the House amendment with

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.049 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4705 an amendment to S. 764, a bill to reauthorize At the end, add the following: and affectionately as ‘‘Bulldog.’’ He and amend the National Sea Grant College This Act shall take effect 3 days after the was a veteran and a veterans activist. Program Act, and for other purposes. date of enactment. He passed away on June 11. Mitch McConnell, Mike Crapo, John Mr. MCCONNELL. I ask for the yeas This past Friday, Bulldog’s remains Thune, Richard Burr, James M. Inhofe, and nays on my amendment. were interred at Fort Richardson in Pat Roberts, Lamar Alexander, John Barrasso, Thad Cochran, Deb Fischer, The PRESIDING OFFICER. Is there a Anchorage. He occupied a very special Shelley Moore Capito, John Boozman, sufficient second? place in my heart, so it was important Thom Tillis, David Perdue, Jerry There appears to be a sufficient sec- that I be there to attend those services. Moran, John Hoeven, Roger F. Wicker. ond. It was really quite a spectacle. Bulldog was a leader of several veterans motor- Mr. MCCONNELL. I ask for the yeas The yeas and nays were ordered. and nays on the motion to concur with AMENDMENT NO. 4939 TO AMENDMENT NO. 4938 cycle groups. So there were more than amendment. Mr. MCCONNELL. I have a second-de- 100 of his fellow veterans—all on bikes—who accompanied the remains The PRESIDING OFFICER. Is there a gree amendment at the desk. to the final resting place there at Fort sufficient second? The PRESIDING OFFICER. The Richardson Cemetery. But if that were There is a sufficient second. clerk will report. not special enough, in and of itself, The yeas and nays were ordered. The senior assistant legislative clerk read as follows: there were several hundred airmen and AMENDMENT NO. 4936 TO AMENDMENT NO. 4935 soldiers—some say 400—that were lined The Senator from Kentucky [Mr. MCCON- Mr. MCCONNELL. I have a second-de- up once you went through the gates gree amendment at the desk. NELL] proposes an amendment numbered 4939 to amendment No. 4938. there on Fort Richardson. About every The PRESIDING OFFICER. The 10 feet, there was an airman or a sol- The amendment is as follows: clerk will report. dier for almost 2 miles into where the The senior assistant legislative clerk Strike ‘‘3 days’’ and insert ‘‘4 days’’. ceremony was. These individuals were read as follows: f there to pay tribute to a man who The Senator from Kentucky [Mr. MCCON- DEPARTMENT OF DEFENSE AP- every day—every day—worked to show NELL] proposes an amendment numbered 4936 PROPRIATIONS ACT, 2017—MO- respect to other veterans and worked to amendment No. 4935. TION TO PROCEED to ensure that the service and the sac- Mr. MCCONNELL. I ask unanimous rifice of those veterans would never be Mr. MCCONNELL. Mr. President, I consent that the reading of the amend- forgotten. move to proceed to Calendar No. 524, ment be dispensed with. So at every ceremony—whether it H.R. 5293. The PRESIDING OFFICER. Without was Veterans Day or Memorial Day or The PRESIDING OFFICER. The objection, it is so ordered. a salute to the military or to the clerk will report the motion. The amendment is as follows: change of command and at every re- The senior assistant legislative clerk tirement—Bulldog was there. So it was At the end, add the following: read as follows: This Act shall take effect 1 day after the so inspiring to be there and to see the date of enactment. Motion to proceed to Calendar No. 524, tribute paid to this amazing man. H.R. 5293, a bill making appropriations for MOTION TO REFER WITH AMENDMENT NO. 4937 It was Col. Brian Bruckbauer, who is the Department of Defense for the fiscal year the commander of the 673rd Air Base Mr. MCCONNELL. I move to refer the ending September 30, 2017, and for other pur- Wing at Joint Base Elmendorf-Richard- House message on S. 764 to the Com- poses. son, who organized this extraordinary mittee on Agriculture with instruc- CLOTURE MOTION tribute, and I would like to take this tions to report back forthwith with an Mr. MCCONNELL. I send a cloture opportunity to express my appreciation amendment numbered 4937. motion to the desk. to Colonel Bruckbauer, his fellow lead- The PRESIDING OFFICER. The The PRESIDING OFFICER. The clo- ers at JBER, and the soldiers and air- clerk will report the motion. ture motion having been presented men who came out on Friday after- The senior assistant legislative clerk under rule XXII, the Chair directs the noon. read as follows: clerk to read the motion. CELEBRATING TALKEETNA’S CENTENNIAL The Senator from Kentucky [Mr. MCCON- The senior assistant legislative clerk Mr. President, coming up this next NELL] moves to refer the House message on read as follows: S. 764 to the Committee on Agriculture, Nu- week, on July 4, the historic commu- CLOTURE MOTION trition and Forestry with instructions to re- nity of Talkeetna, AK, which sits just port back forthwith with an amendment We, the undersigned Senators, in accord- at the base of Denali, will celebrate the numbered 4937. ance with the provisions of rule XXII of the 100th anniversary of its founding. Standing Rules of the Senate, do hereby Talkeetna sits at the confluence of (The amendment is printed in today’s move to bring to a close debate on the mo- RECORD under ‘‘Text of Amendments.’’) three glacially fed rivers. Originally tion to proceed to Calendar No. 524, H.R. settled by the Dena’ina people, it was Mr. MCCONNELL. I ask for the yeas 5293, an act making appropriations for the and nays on my motion. Department of Defense for the fiscal year an important location for fishing and The PRESIDING OFFICER. Is there a ending September 30, 2017, and for other pur- hunting. The name Talkeetna derives sufficient second? poses. from a Dena’ina word which means There appears to be a sufficient sec- Mitch McConnell, Tom Cotton, Shelley ‘‘river of plenty.’’ Moore Capito, Mike Crapo, Thad Coch- The gold rush of 1896 brought pros- ond. ran, Jerry Moran, Richard C. Shelby, pectors to the area. In 1905, gold was The yeas and nays were ordered. John Hoeven, Lamar Alexander, Orrin discovered in the Yentna-Cache Creek AMENDMENT NO. 4938 G. Hatch, Daniel Coats, Pat Roberts, mining district to the west of town. Mr. MCCONNELL. I have an amend- John Barrasso, Bill Cassidy, John Sternwheeler riverboats traveling up Thune, John Boozman, John Cornyn. ment to the instructions. the Susitna River docked at Talkeetna, The PRESIDING OFFICER. The Mr. MCCONNELL. I ask unanimous establishing the town as a supply cen- clerk will report. consent that the mandatory quorum ter for the local mining districts. The senior assistant legislative clerk calls for these cloture motions be Then came the Alaska Railroad. In read as follows: waived. 1914, President Wilson signed a law en- The Senator from Kentucky [Mr. MCCON- The PRESIDING OFFICER. Without abling the construction of the railroad NELL] proposes an amendment numbered 4938 objection, it is so ordered. from Seward to Fairbanks. Talkeetna to the instructions of the motion to refer S. The PRESIDING OFFICER. The Sen- was then designated as the district 764. ator from Alaska. headquarters for railroad construction, Mr. MCCONNELL. I ask unanimous FUNERAL OF FREDERICK CHARLES ‘‘BULLDOG’’ increasing its population by about 400 consent that the reading of the amend- BECKER IV people at the outset. Then, that grew ment be dispensed with. Ms. MURKOWSKI. Mr. President, to 1,000 people at the peak of construc- The PRESIDING OFFICER. Without last week I had the opportunity to pay tion. In December of 1916, the objection, it is so ordered. tribute to a gentleman by the name of Talkeetna Post Office was opened, The amendment is as follows: Fred Becker. We knew him lovingly which really established it.

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.051 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4706 CONGRESSIONAL RECORD — SENATE June 29, 2016 By 1923, railroad construction was most picturesque and interesting from every major scientific society. In- complete and the population of places. I am told Talkeetna’s centen- deed, 31 of them just sent us a letter Talkeetna dropped to only a few dozen nial celebration will provide visitors an this week, reminding us to get off our people. But the few dozen that stayed opportunity to enjoy the town as the duffs and pay attention to the science. were determined to make a go of it. locals do. Virtually every one of our home State Talkeetna remained a mining supply I was hoping to make it up to universities, our National Labora- hub. The railroad deposited a sufficient Talkeetna. I am probably not going to tories, NASA, NOAA, and the military, number of gold miners to support local be able to do so. But I might be able to national security, and intelligence mining supply businesses. make the run from Wasilla, AK, to at- leadership of our country—if they are Fast forward to the 1960s. In 1963, as- tend the moose-dropping event at 4 all wrong, that is one heck of a hoax. tronomers declared Talkeetna the best o’clock in the afternoon. It is an an- Frustratingly, Congress is still place in the United States to see the nual tradition on the Fourth of July, fogged in by a decades-long, purposeful total solar eclipse. That brought about where we take a collection of moose campaign of deliberate misinformation 2,000 people into town. The visitors droppings, drop them, and bet on them. from the fossil fuel industry and its al- then boarded the train to see what was So we have an interesting mayor, and lies. And since Citizens United, that then called ‘‘Mt. McKinley.’’ we have interesting festivals, but it is misinformation campaign is backed up In 1964, a spur road was constructed the heart of gold that comes from the by unprecedented special interest po- connecting Talkeetna to the newly people in this beautifully picturesque litical artillery. built Parks Highway, which is the ar- and, again, amazing place. It is a great Outside the fossil fuel industry, there tery connecting Anchorage and Fair- honor to celebrate Talkeetna’s Centen- is of course broad support for action on banks to Denali National Park. Sud- nial today in the Senate. climate change across corporate Amer- denly, Talkeetna was open to road ac- Mr. President, I yield the floor. ica. Leading businesses and executives cess. The State of Alaska then sold The PRESIDING OFFICER (Mr. vocally supported President Obama on land for market value to those who GARDNER). The Senator from South the Paris Agreement. Many are com- wanted to settle in the area. Those who Carolina. mitted to getting onto a sustainable settled in Talkeetna found a steadily Mr. GRAHAM. Mr. President, I also energy path. More than 150 major growing visitor industry awaiting want to congratulate the people of American firms signed the American them. Talkeetna has become a destina- Talkeetna. I wish I could go myself to Business Act on Climate Pledge. Many tion for mountaineers from around the the moose-dropping thing, and I want are pushing their commitment outside world. Today, 1,100 to 1,250 people at- to see that before I die. of their corporate walls through their tempt to climb the mountain each Mr. President, I thank Senator supply chains, but against these Amer- year. WHITEHOUSE for giving me this time. icans corporate efforts on climate The first stop for adventurers plan- COLLEGE WORLD SERIES stand two major forces that claim to ning to climb is the National Park Mr. President, in 3 minutes, the final represent American business: the Wall Service’s Talkeetna ranger station. game of the championship round of the Street Journal editorial page and the The ranger station is named for Walter College World Series takes place. U.S. Chamber of Commerce. Harper, who was an Athabascan Indian, Coastal Carolina is playing the Univer- The Wall Street Journal editorial and he was the first person to reach the sity of Arizona. page claims to speak for the business summit of Denali—20,310 feet up. The Coastal Carolina is a relatively small community, small business owners, and second stop is one of the many air taxi school in Myrtle Beach. Dustin John- industry titans alike, but it is way off services that call Talkeetna home for a son is a graduate and won the U.S. base from the business community’s ride up to the base camp. Open. But if you have been watching commitment to addressing climate While the climbing season may be the College World Series, this baseball change. Its editorial page is constantly short—basically late April to early team is inspiring. Arizona and Coastal wrong about climate change, from mis- July—the visitor season continues Carolina have had two great games. stating the science of climate change, through Labor Day. Talkeetna is a pop- Tonight is the rubber match, winner to misstating the costs versus benefits ular stop for cruise tour and inde- takes all. I don’t know what is going to of climate action, to misstating the pendent visitors traveling the Parks happen. If Coastal Carolina falls short, law when carrying the industry’s water Highway en route to Denali National we have won in every way we could to oppose civil investigations into Park. win. It has been the most exciting whether the industry climate denial But Talkeetna is no ‘‘glitter gulch,’’ World Series I can remember: South scheme amounts to fraud. as we in Alaska sometimes say. It is a Carolina won back-to-back world It is not new. The Journal has a well- thriving year-round community num- championships. worn playbook for defending polluting bering some 876 people, with an active Coastal Carolina, I know everybody industries. Look at its commentaries arts community, its own public radio in South Carolina is very proud, all the over time on acid rain, on the ozone station, and a quirkiness that is per- fans are very excited, and the best layer, and of course now on climate haps unique to Talkeetna. There are pitchers are on the mound tonight. So change. It is always wrong, and worse, probably not too many towns that can go Chanticleers. I am going to go home there is a pattern, a formula: Deny the actually boast that their mayor is a and watch the baseball game. science, question the motives of those cat—a cat. I thank Senator WHITEHOUSE for let- calling for change, exaggerate the costs OK, Stubbs is the honorary mayor of ting me say that. of taking action, and, above all, pro- Talkeetna. He is not really and truly The PRESIDING OFFICER. The Sen- tect the polluting industry. the official mayor. He is the honorary ator from Rhode Island. I have said all of this before, but now mayor. He was elected back in 1997. Mr. WHITEHOUSE. Mr. President, I there is a study that quantifies it. Cli- Stubbs has had that position for all 19 was delighted to let Senator GRAHAM mate Nexus’s recent analysis of the years of his life. He is quite well-known celebrate an achievement by his home Wall Street Journal’s editorial page and has quite the notoriety. Stubbs State university. I was pleased to yield shows ‘‘a consistent pattern that over- greets visitors at Nagley’s Store. him the time. whelmingly ignores the science, cham- Nagley’s was founded in 1921. It is one CLIMATE CHANGE pions doubt and denial of both the of Talkeetna’s original businesses and Mr. President, I am here, as the Pre- science and effectiveness of action, and is listed on the National Register of siding Officer knows, for the 142nd time leaves readers misinformed about the Historic Places. It is part of a historic to urge Congress to wake up to the consensus of science and of the risks of district that runs roughly 2 blocks by 3 threat of climate change. We are asleep the threat.’’ The analysis finds the blocks. at the wheel in Congress, heading to- opinion section has ‘‘done its readers a Visitors who choose to spend this ward climate catastrophe. disservice by consistently ignoring or Independence Day in Talkeetna will be Of course, outside this Chamber there ridiculing the scientific consensus on treated to a rich hometown experience is broad support for responsible climate the reality and urgency of climate amidst the splendor of one of Alaska’s action from the American people and change.’’

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.057 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4707 The editorial page’s bias, which is All of that is solid, clear science. record seems to rule out truth or bal- out of sync with virtually every single The next ad: ‘‘What Goes Up Doesn’t ance or factuality. Maybe the short an- major scientific body, ‘‘cannot help but Come Down. CO2 Emissions Stay in the swer is that the service the Wall Street hinder its readers’ ability to make ac- Atmosphere for Centuries.’’ And they Journal editorial page is providing curate assessments of the risk climate do one other thing that this advertise- isn’t a service to its readership. change poses to their businesses.’’ ment mentions as well: The CO2 emis- Let’s turn to the other miscreant. Specifically, Climate Nexus’s anal- sions, when they are in the atmosphere You might wonder as well what service ysis found that of 201 editorials relat- above the oceans, react chemically the U.S. Chamber of Commerce pro- ing to climate science or policy dating with the oceans. This is a reaction that vides to its members who have respon- back to 1997, not one explicitly ac- you can replicate in a high school sible climate change policies. The U.S. knowledges that fossil fuels cause cli- chemistry lab. This is not debatable, Chamber is the largest lobbying orga- mate change. Of the 279 op-eds pub- negotiable science. This is known, es- nization in the country, and its power lished since 1995, 40 reflect mainstream tablished science. It says oceans are in Congress is fully dedicated to stop- climate science, a paltry 14 percent. acidifying as a result, and they are. We ping any serious climate legislation. And of 122 columns published since measure that, and we are measuring Everybody here sees the Chamber’s 1997, just 4 accept as fact that fossil the fastest increase in acidification in hostility to climate legislation every- fuels cause climate change or endorse a the ocean in 50 million years. where. policy to reduce emissions—out of 122 The one that follows: ‘‘Your Assets My and Senator WARREN’s offices re- columns, 4. It is laughable. are at Risk. Beware the Carbon Bub- cently took a look at the lobbying po- Between April 2015 and May 2016, ble.’’ sitions of the U.S. Chamber of Com- when global heat records were falling If you thought the housing bubble and merce compared with the positions of with regularity, the Journal published crash of 2008 were bad, consider the carbon its own board members. With Senators 100 climate-related op-eds, columns, bubble: A ticking time-bomb for fossil fuel BOXER, SANDERS, BROWN, MERKLEY, and editorials. Only 4 op-eds provided company investors. BLUMENTHAL, and MARKEY, we released This is why so many conservative econo- a report on our findings. Not one of the information reflecting mainstream cli- mists want to put a ‘‘price’’ on carbon to mate science, and 96 pieces in the Jour- speed the clean energy transition while al- 108 Chamber board members we con- nal’s opinion section failed to acknowl- lowing the markets to cushion and adjust. tacted would endorse the U.S. Cham- edge the link between human activity Of course that is true. Every single ber’s lobbying on climate change—not and climate change. Even ExxonMobil conservative or Republican who has one. Our investigation found that and Charles Koch admit that link. Last fought the climate change problem roughly half of the companies rep- January, for example, the page called through to the solution has come to resented on the Chamber’s board actu- recent extreme weather ‘‘business as the same solution, which is a revenue- ally have strong pro-climate action po- usual,’’ while clinging to the bogus ‘‘hi- neutral price on carbon. sitions, which contrast sharply with atus’’ argument that global tempera- Here we go, the most recent ad: ‘‘The the Chamber’s lobbying activities. ture increases had halted. Free Market Solution to Climate We also found the Chamber’s deci- The Climate Nexus report illumi- Change.’’ sionmaking about these policies to be awfully murky. The Chamber describes nates a series of advertisements that The CEOs of oil giants Exxon, BP, Royal have been placed—where? On the Wall Dutch Shell, Statoil, Total, Eni, and BG its board as its ‘‘principal governing Street Journal editorial page, calling Group have all called for carbon pricing. So and policymaking body,’’ but not one attention to this preposterous bias. have the leaders of [many countries around Chamber board member asserted that The first one reads: ‘‘Exxon’s CEO the world]. they were fully aware of and able to Says Fossil Fuels Are Raising Tem- Wall Street Journal columnist Holman W. provide their input and views to the peratures and Sea Levels. Why won’t Jenkins calls a revenue-neutral carbon tax Chamber regarding its actions on cli- ‘‘our first-best policy, rewarding innovations mate. There was no sign of a board the Wall Street Journal?’’ The copy by which humans would satisfy their energy below goes on to say ExxonMobil has needs while releasing less carbon into the at- vote or any formal input. One company called for a carbon price, and they mosphere.’’ indicated it was ‘‘not advised of any have. Those are the advertisements that campaigns’’ and was ‘‘not aware of any The CEOs of BP, Shell, Total, Statoil, BG have been put on the Wall Street Jour- processes’’ to lobby against climate ac- Group and ENI call climate change ‘‘a crit- nal editorial page. Unfortunately, it tion by the Chamber of Commerce. An- ical challenge for our world’’ and have also takes people paying for space on the other company reported that ‘‘the called for a price on carbon. Wall Street Journal editorial page to issues raised . . . have not been dis- It is time for the editorial board of the cussed during the short time [it has] WSJ to become part of the solution on cli- get the truth about climate change told on the Wall Street Journal edi- been a member of the organization.’’ mate change. The Chamber has aggressively lob- torial page. These are straightforward, The next one says: ‘‘Carbon Dioxide bied for climate policies that are di- broadly accepted statements of the Traps Heat on Earth.’’ It goes on to rectly at odds with science, public say: science of climate change. So if the Wall Street Journal edi- health, public opinion, and—with the This isn’t controversial. The head of Exxon results of this recent research, it turns Mobil and most major oil companies agree, torial page isn’t acknowledging the views of credentialed experts, whom is out—with most of its own board mem- along with every scientific academy in the bers. Again, the question comes, whom world. it representing? Back to the Climate Nexus report, and I quote: are they serving? Again, a fact. The Center for Responsive Politics— The next one: ‘‘The Earth Has [T]he Wall Street Journal consistently a nonprofit, nonpartisan research Warmed. And We Did It.’’ It goes on to highlights voices of those with vested inter- ests in fossil fuels . . . presenting only the group that tracks money spent on elec- say: dismissive side of the climate discussion. tions and lobbying—found that in 2015 [W]e’ve known for more than a century . . . [T]hat undermines a reader’s ability to alone, the Chamber spent roughly $85 that adding more heat-trapping carbon diox- effectively evaluate climate risk, objectively million on lobbying efforts. That is ide to the atmosphere from fossil fuels would assess potential solutions, and balance the more than twice the amount spent by warm the planet. two. the second highest lobbying spending And we have known that. We have The report calls the short shrift organization. known that since Abraham Lincoln given to climate change ‘‘a failure of Think for a moment of the progress was President. journalistic responsibility.’’ Look at we could make here if the Chamber’s So it’s not surprising that the planet keeps its commentary on acid rain, on the lobbying muscle actually aligned with getting warmer (although you may not have ozone layer, and on climate change—al- the positions of the businesses the U.S. seen this fact on this page). ways the same, always wrong. You Chamber of Commerce purports to rep- And, of course, ‘‘Despite what you have to wonder what service the Wall resent. We don’t see that. Instead, we may have heard, there has been no Street Journal editorial page is pro- see the bullying menace of the fossil ‘pause.’ ’’ viding to its readership, since its fuel industry holding sway in these

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.059 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4708 CONGRESSIONAL RECORD — SENATE June 29, 2016 Halls. It appears to have captured the the No. 1 cause of accidental deaths in the last 3 years. This was not just bi- Chamber. It appears to control the my home State of Ohio. Based on the partisan; it was bicameral. In other Wall Street Journal editorial page. latest data I have seen, I believe that is words, both the House and Senate were On the other side, there is virtually now true for our entire country. Ohio involved. We had 130 cosponsors of the zero corporate lobbying effort for a has been particularly hard hit. We are CARA legislation in the House, but the good bipartisan climate bill. The result probably in the top five based on all House wanted to go through their own here is not surprising. Indeed, it is the data I have seen. My State is prob- process, and they did. They came up quite predictable when all the artillery ably No. 1 in the country in terms of a with 18 separate bills rather than 1 is on one side of a fight—all the artil- particular kind of overdose, a synthetic more comprehensive bill. We are now lery on the side of the fossil fuel indus- form of heroin called fentanyl. It is in the process of putting those to- try. The result is that Members of Con- devastating. On average, 129 people die gether. We have 18 bills from the House gress who know better are afraid to every day from these overdoses. and 1 from the Senate. act. That is why this Senate, over the last The conference committee has been Too many good companies are AWOL 3 years, has worked hard to pull to- named. Today I am happy to announce on climate change in Congress. Too gether legislation that addresses this that the conference is actually going to many have farmed out their lobbying issue. It specifically says: Let’s figure meet on Wednesday of next week. They to groups like the Chamber of Com- out smarter and better ways to have are going to vote on the final product. merce that actually oppose their cor- better education, prevention, treat- After having talked to a number of porate climate policies. Too many will ment, and recovery to help our law en- members of the conference committee not speak up or answer back when the forcement be able to deal with this today and over the past several weeks, Wall Street Journal editorial page pur- problem. I think it is going to be a very positive ports to speak for them but emits only We worked with 130 groups around product. It will be very similar to the polluter nonsense. the country, all of whom have now en- Senate bill in terms of being com- Duty calls. Duty matters. It is time dorsed the legislation we spent 3 years prehensive, but it also picks up a num- for private sector leaders to step up putting together. We had five con- ber of good items that the House added. and tell Congress that those twin ap- ferences here in Washington. We There is one that I particularly like. It pendages of the fossil fuel industry do brought in experts from around the would raise the cap on how many peo- not represent corporate America on cli- country. We didn’t do it in a bipartisan ple can be treated with Suboxone, mate change. There is a change that way; we did it in a nonpartisan way. In which is one of the ways to have medi- could not come too soon. other words, we didn’t care who had cated-assisted treatment, and in par- Mr. President, I yield the floor. the idea—Democrat, Republican, Inde- ticular at the treatment center, which I suggest the absence of a quorum. pendent. It didn’t matter. What is a good change. The PRESIDING OFFICER. The mattered was whether it was a good We do believe that the provisions we clerk will call the roll. idea and whether it would help to ad- included in CARA over here are nec- The senior assistant legislative clerk dress this growing epidemic we are fac- essary because it is comprehensive and proceeded to call the roll. ing in our States and around the coun- does include prevention and education. Mr. PORTMAN. Mr. President, I ask try. We think some of our prevention pro- unanimous consent that the order for That legislation passed the U.S. Sen- grams, which are not in the House, are the quorum call be rescinded. ate. It was on the floor for about 21⁄2 necessary. We think that particularly The PRESIDING OFFICER. Without weeks. There was a long debate, but at on the treatment and recovery side— objection, it is so ordered. the end of that debate, after people be- especially on the recovery side—there COMPREHENSIVE ADDICTION AND RECOVERY ACT came familiar with this issue—some of are some things that need to be added. Mr. PORTMAN. Mr. President, I rise whom were already very familiar with I get very good reports as to the tonight to talk about an issue that is this issue; some of whom, frankly, were progress of that conference, and I be- facing every single State represented not in this Chamber—many of them lieve it will be something that I can in this Chamber and every community would go home and talk about this leg- not only support but enthusiastically in America. Over the past week, we islation. They learned more about it support if they can stick to the blue- have talked about the potential Zika from their communities, their schools, print they have worked on. Again, that epidemic and the need for us to address and their firehouses. When they came bill will be next week. That is a posi- that, and I agree, but there is another back, after 21⁄2 weeks of debate, the tive sign. epidemic that is already here, and that vote for this legislation called the This is the 11th time I have come to is this issue of prescription drugs and Comprehensive Addiction and Recov- the floor of the Senate to urge them to heroin and the addiction that follows. ery Act, otherwise known as CARA, act. We have been in session for 11 Far too many overdoses are occur- was not close; it was 94 to 1. That never weeks since the bill passed. Every sin- ring in our communities. There are happens around this place. It happened gle week, I have come to the floor to people who are losing their lives. There because we took our time, did it right, talk about this, and I have the best re- are casualties beyond the overdose and focused on evidence-based treat- port yet in the sense that we are mov- deaths. There are people who have seen ment, recovery, and prevention—stuff ing forward. their families broken apart because of that actually works to improve what This week I sent a letter, along with the addiction, and because the drug be- we are doing and that was also respon- my colleagues, Senator WHITEHOUSE, comes everything, they are unable to sible. This legislation also passed be- Senator KLOBUCHAR, and Senator go to work. cause it is such a big issue in every AYOTTE. This letter went to the con- We have seen the devastation in our State and every community. ference committee to insist that the communities in terms of the crime and It has been 110 days since the Senate legislation be, in fact, comprehensive, violence connected with the drug trade, passed CARA. By the way, earlier I and I believe from what I am hearing and we have seen, unfortunately, ba- said that 129 people, on average, are that it will be—the prevention grants, bies increasingly born with addiction. dying every day of overdoses. That the Opiate Awareness Campaign, the These babies are in every neonatal unit means that in those 110 days since the law enforcement task forces, the edu- in America. I know these babies are in Senate passed the legislation, over cation grants to educate those who are every one of the hospitals in my home 13,000 of our fellow Americans have behind bars. There were other great State of Ohio. There has been a 750-per- succumbed and died from an overdose ideas that came from both sides of the cent increase in the number of these of opioids. Think about that. Think of aisle that should be included. babies in the State of Ohio in the last those numbers. I must say tonight, though, that I am dozen years. Why isn’t it done yet? It is not done hearing some other troubling reports, It has gotten to the point where yet because the House needed to move and these have now become public, so I deaths from overdoses from heroin and through its own process. I totally un- am going to talk about them. prescription drugs, opioids, now exceed derstand that. You should know that The Senate passed this bill 94 to 1. It the deaths from auto accidents. It is the House was part of the process for is an emergency and an epidemic in our

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.060 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4709 communities. There are 130 anti-drug single drug czar since the first one, Bill You have a problem, and we are going groups from across the country who Bennett. I have worked with every sin- to support you. We are going to get you have endorsed this legislation. Every- gle one of them. Many of them have re- into treatment so you can pull your body is together on this, and we mained close friends. General McCaf- life, your family, and communities worked hard to make it inclusive. frey was the drug czar for Bill Clinton back together. That is what this legis- Again, 13,000 Americans have died from when I authored a few pieces of legisla- lation is about. overdoses since this legislation passed tion, such as the drug-free media cam- This is an authorization bill. It is not the Senate. Despite all of that, there paign legislation, the Drug-Free Work- a spending bill. Everybody who follows are press reports that say the White place Act, the Drug-Free Communities this process knows that. Apparently House is encouraging us to delay. I Support Program, which has generated the concern that has been raised is, hope that is not true, but here is the over $1.3 billion of Federal dollars— well, there is not enough additional ap- first report that I will tell you about. matching funds. It helps to bond more propriated money in here. Well, this is National Public Radio talks about a than 2,000 community coalitions, in- not an appropriations bill. White House meeting with some Demo- cluding a community coalition in my By the way, the Appropriations Com- cratic Members of Congress about po- hometown that I founded over 20 years mittee, at the urging of those of us who tentially stalling CARA. One White ago. coauthored this legislation, have in- House legislative aide is quoted as say- I have been at this for a long time in creased the funding substantially this ing: ‘‘We need to slow down the con- terms of addressing this issue of drug year, and they have made a commit- ference enough so that the White addiction and drug abuse, and I worked ment in the subcommittee and the full House can bring it back to the Amer- with every single one of the drug czars. committee to have a 93-percent in- ican people. We need help in slowing it I have never seen them be partisan, crease in funding for this next year. down.’’ The piece went on to say that ever. As I said, this authorizes about $100 ‘‘Democratic members of Congress I am very disappointed to hear these million more every year going forward were asked to come to this meeting press reports about the White House in our legislation as well, but frankly I and they were eager to help slow it wanting to delay. I am now, of course, think the appropriations ought to be down.’’ very disappointed to hear that the drug greater than that. This is an emer- Slow it down? Are you kidding? Slow czar is out there saying negative things gency, but we are going down the right it down? We should have sped it up, and about the CARA legislation when he, in track there with these appropriations we certainly can’t stop now. The Sen- fact, was part of putting it together. commitments that have been made. We ate is only in session for 2 more weeks, He, in fact, testified in favor of it. I need to be sure we have that commit- and then it goes out of session for the don’t understand that. I don’t get it. ment all the way to the final spending conventions and the August recess. We Let’s put politics aside and actually bills this year because we do need to should have already done it. Let’s not get something done. Perhaps some of have adequate funding, particularly to slow it down; let’s speed it up. the parents who come to me and tell make sure everybody who wants treat- I will tell you something else that I me about having lost a son or a daugh- ment can get it. learned today, which I found amazing, ter need to talk to some other Mem- I had a tele-townhall meeting this and I hope the way I am looking at it bers of the Congress and of the admin- week, where 25,000 people were on the or the way I am reading about it is not istration who think this is somehow a call at one time. It was a big group of accurate. The drug czar for the United political game. This is about saving people. As usual, people talked about States of America is Michael Botti- lives. It is about saving people from ru- terrorism, they talked about jobs and celli. He has testified in favor of this ining their lives. It is about helping the economy, but three different people legislation and came to three of our people to be able to achieve their God- called in on this drug abuse issue. Two five conferences and testified in favor given purpose. of them were recovering addicts, one of it. We took his ideas and input, Our legislation is incredibly impor- was a parent. They talked about the which were very helpful. He came to tant. I mentioned some of the specifics worth of the legislation, the impor- the hearing in the Judiciary Com- of it. It does have grant programs that tance of treatment, the importance for mittee and, in response to a question we know work. It has evidence-based us to deal with this issue. They talked from Senator WHITEHOUSE, a leading programs. It includes medication treat- about the fact that this knows no ZIP Democrat on that committee and co- ment that works better. We know there Code, it is not an inner city problem, it author of this legislation, said he are a lot of relapses, and we are trying is not a suburban problem; it is every- thought this was a good bill and that it to get the money into things that actu- where. was important that it be comprehen- ally work. But it is bigger than that. It I spoke to a woman named Leigh sive. He also went to New Hampshire is about changing our attitude about from Zanesville, OH. She told me she is for a hearing and said he supported the this issue here in the Senate and in the now in recovery. She volunteers at legislation in front of Senator SHAHEEN House of Representatives. I would prisons and told me that most of the and Senator AYOTTE. He was supposed think that anybody who follows this prisoners there are also drug users. We to come to Ohio but at the last minute closely—certainly someone who is the talked about the CARA recovery provi- decided he could not attend our hear- head of the Office of National Drug sions. They include critical resources ing in Ohio. Control Policy—would get that. to develop recovery and support serv- I was told that yesterday he held a This legislation begins to treat addic- ices, individuals and families. We press briefing with Ohio reporters. I tion like a disease that needs to be talked about the fact that in this legis- have been trying to reach him today treated just like other diseases. Even if lation we have grants that can go to unsuccessfully, but apparently he we didn’t have $100 million of new fund- prisons to deal with this substance thought it was necessary to go to Ohio ing in here, even if we didn’t have all of abuse issue in prison so when people reporters to talk about this issue. these new specific grant programs and get out, they have had the treatment Among those on the call, by the way, things we know work, like veterans to be able to get their lives back to- was at least one Democratic local offi- courts and drug courts and all the re- gether and get out of that revolving cial. Maybe there were a few. I am not covery grant money that goes out, in- door of the criminal justice system, sure because I wasn’t told about the cluding to high school and colleges for where more than half of the people who call to Ohio. I am from Ohio. I am the recovery groups that work, it would be get out are right back in again within coauthor of the bill. In that call, he significant just because it establishes a few years. said things that led the reporters to be- this new approach, saying that addic- I talked to a man named John from lieve that he thought CARA did not go tion is not a moral failure, addiction is Grove City. He told me he lost his son far enough and that it wasn’t the ap- a disease. Through this, we hope to on June 1, just a few weeks ago, to an propriate response to this epidemic. wipe away the stigma so people do overdose of heroin laced with synthetic Look, I understand there is an elec- come forward and get treatment. It drugs. I expressed my condolences to tion every 2 years here in America, and will help families who won’t talk about him and his family, but I also thanked that is fine, but I have known every the disease feel comfortable in saying: him for calling and for his willingness,

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.062 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4710 CONGRESSIONAL RECORD — SENATE June 29, 2016 in front of 25,000 people, to talk about Russia. We are witnessing a rising States, must be sober and clear-eyed this issue. He was very plainspoken. He authoritarianism in a declining State— about Russia. We must become more said: My son was addicted to heroin for a rising authoritarianism in a declin- sober and clearer-eyed about its in- 5 years. ‘‘It meant more to him than ing State. timidations and about its hostilities his family; it meant more to him than Moscow routinely tramples on the and about its dangerous trajectory. anything.’’ rights of the press, tramples on assem- We have a duty to be telling the Unfortunately, there are fathers and bly, speech, on dissent, and on national truth early about where this may be mothers all over the State of Ohio who sovereignty. Ask the families of mur- headed. are experiencing what John had to ex- dered journalists. Ask the student Thank you, Mr. President. perience with his son. He wants us to groups facing intimidation. Ask the po- The PRESIDING OFFICER. The Sen- pass this legislation because he thinks litical dissidents who fear imprison- ator from Nebraska. it is going to help, and it will. ment. Ask the Ukrainian people who f I think those who are addicted, those fear being fully overrun. EXECUTIVE SESSION families who are being affected by this Why is this happening? Because have been very patient. They are look- Putin and his cronies think they can ing for more help from Washington, make Russia great again by hoarding EXECUTIVE CALENDAR and they deserve it. Washington is not wealth, by abusing power, and by going to solve this problem. It is going Mr. SASSE. Mr. President, I ask crushing any and all dissent and oppo- unanimous consent that the Senate to be solved in our communities, in our sition. They strike the pose of a strong families, and in our hearts. But Wash- proceed to executive session to con- man, but this is not real strength. sider the following nominations en ington can help and be a better part- True strength is rooted in virtue: bloc: Calendar Nos. 473, 596, 601, 602, 603, ner, take the existing funds we are selflessness and sacrifice on behalf of 651, with no other executive business in spending and spend them more wisely the weak and the oppressed. Mr. Putin to actually affect the number of people order. is driven by cheap imitation and in- The PRESIDING OFFICER. Without who get addicted in the first place with timidation, more akin to bullying; vice better prevention and through better objection, it is so ordered. masquerading as virtue. The clerk will report the nomina- education, and then for those who are We know Russia’s offenses are many addicted, better treatment and recov- tions en bloc. and egregious. At the same time, The senior assistant legislative clerk ery; help them get back on their feet. Americans well understand it is not Washington can help. That is what read the nominations of Daniel B. Maf- our national calling, nor is it within fei, of New York, to be a Federal Mari- this legislation does. It is making our power, to attempt to right every Washington a better partner with time Commissioner for a term expiring wrong in a broken world, but we should June 30, 2017; Rebecca F. Dye, of North State and local government and the be clear about what is happening, as nonprofits that are in the trenches Carolina, to be a Federal Maritime well as the fact that there is no easy Commissioner for a term expiring June doing the hard work every day. fix. It is naive to hope Russia can be re- I hope these reports I am hearing 30, 2020; Mary Beth Leonard, of Massa- formed with a reset button or with about delay and these tactics that are chusetts, to be Representative of the promises of future flexibility. Instead, being used, unbelievably, by the admin- United States of America to the Afri- we need to begin telling the truth istration to somehow make it appear can Union, with the rank and status of about an increasingly aggressive actor as though this legislation isn’t what Ambassador Extraordinary and Pleni- on the global stage. they said it was back when they helped potentiary; Geeta Pasi, of New York, a Again, let me be explicit. The United put it together and when they testified Career Member of the Senior Foreign States does not have a solemn obliga- in favor of it—I hope that is just a dis- Service, Class of Minister-Counselor, to tion to try to make the entire world traction, and I hope people understand be Ambassador Extraordinary and free, but we absolutely do have an obli- the significance of getting this done Plenipotentiary of the United States of gation to speak on behalf of those who and getting it done now. It is already America to the Republic of Chad; Anne past time. We can’t wait. are made speechless in the dark cor- S. Casper, of Nevada, a Career Member Again, people have been patient. It is ners of this globe. of the Senior Foreign Service, Class of now time for the U.S. Congress to face This Russian law would be an affront Minister-Counselor, to be Ambassador this issue, to address it through legis- to free people everywhere, at home and Extraordinary and Plenipotentiary of lation that went through here with a abroad, who believe the rights of con- the United States of America to the 94-to-1 vote, to send it to the President science—the rights of free speech and Republic of Burundi; and Michael A. for his signature and, more impor- the freedom of religion and the free- Khouri, of Kentucky, to be a Federal tantly, to send it to our communities dom of assembly—are pre-political. Maritime Commissioner for a term ex- around our country to begin to help These freedoms do not ebb and flow piring June 30, 2021. turn the tide, save lives, and bring with history. These freedoms do not Thereupon, the Senate proceeded to back hope. rise and fall with the political fortunes consider the nominations en bloc. Thank you, Mr. President. of a despot. Governments do not give Mr. SASSE. I know of no further de- I yield the floor. us these rights and governments can- bate on the nominations and ask unan- The PRESIDING OFFICER. The Sen- not take these rights away. These imous consent that the Senate vote on ator from Nebraska. rights of free speech, freedom of reli- the nominations en bloc. RUSSIA gion, and freedom of assembly belong The PRESIDING OFFICER. Without Mr. SASSE. Mr. President, I rise to to every man, woman, and child be- objection, it is so ordered. express my concern about troubling cause all of us are image-bearers of our There being no further debate, the new developments in Russia. Russia’s Creator. question is, Will the Senate advise and Parliament, the Federal Assembly, has I am speaking tonight because this consent to the Maffei, Dye, Leonard just approved so-called antiterrorism new Russian legislation is emblematic Pasi, Casper, and Khouri nominations legislation that actually criminalizes of a growing destructive nationalism en bloc? free speech and that attacks religious and of a thirst for power that cannot be The nominations were confirmed en liberty. If President Putin signs this ignored. Putin has a desire to squeeze bloc. legislation into law in the coming down on civil society, on other venues Mr. SASSE. I ask unanimous consent weeks, it will be illegal for Christians for discussion and debate, and on other that the motions to reconsider be con- to share their faith outside of the institutions outside of politics where sidered made and laid upon the table en church building, as if faith is con- human dignity can and should be ex- bloc and the President be immediately strained by the four walls of a struc- pressed. He does this and he desires notified of the Senate’s action. ture and belief by a single day of the this not because he is strong but be- The PRESIDING OFFICER. Without week on the calendar. cause he is weak. objection, it is so ordered. In some ways, sadly, this isn’t a sur- We in this body, without regard to Mr. SASSE. Mr. President, I ask prise. There is a lot that is wrong with political party and representing all 50 unanimous consent that the Senate

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.063 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4711 proceed to the consideration of Cal- The following named officer for appoint- Force, and appointment in the United States endar Nos. 594, 606 through 650, and all ment in the United States Navy Reserve to Air Force to the grade indicated while as- nominations on the Secretary’s desk; the grade indicated under title 10, U.S.C., signed to a position of importance and re- section 12203: that the nominations be confirmed en sponsibility under title 10, U.S.C., sections To be rear admiral (lower half) 601 and 8033: bloc; that the motions to reconsider be considered made and laid upon the Capt. Robert T. Durand To be general table with no intervening action or de- The following named officers for appoint- Gen. David L. Goldfein ment in the United States Navy Reserve to IN THE MARINE CORPS bate; that no further motions be in the grade indicated under title 10, U.S.C., order; that any statements related to section 12203: The following named officer for appoint- the nominations be printed in the ment in the United States Marine Corps to To be rear admiral (Lower Half) the grade indicated while assigned to a posi- RECORD; that the President be imme- Capt. Shawn E. Duane diately notified of the Senate’s action, tion of importance and responsibility under Capt. Scott D. Jones title 10, U.S.C., section 601: and the Senate then resume legislative Capt. William G. Mager To be general session. Capt. John B. Mustin The PRESIDING OFFICER. Is there Capt. Matthew P. O’Keefe Lt. Gen. Thomas D. Waldhauser objection? Capt. John A. Schommer IN THE ARMY Without objection, it is so ordered. The following named officer for appoint- The following named officer for appoint- The nominations considered and con- ment in the United States Navy Reserve to ment as Chief of Army Reserve/Commanding firmed en bloc are as follows: the grade indicated under title 10, U.S.C., General, United States Army Reserve Com- section 12203: mand, and appointment in the Reserve of the IN THE COAST GUARD To be rear admiral Army to the grade indicated while assigned The following named officer for appoint- Rear Adm. (lh) Thomas W. Luscher to a position of importance and responsi- ment to a position of importance and respon- bility under title 10, U.S.C., sections 601 and The following named officer for appoint- sibility in the United States Coast Guard to 3038: the grade indicated under title 14, U.S.C., ment in the United States Navy Reserve to To be lieutenant general section 50: the grade indicated under title 10, U.S.C., section 12203: Maj. Gen. Charles D. Luckey To be vice admiral To be rear admiral The following named officers for appoint- Vice Adm. Fred M. Midgette Rear Adm. (lh) Brian S. Pecha ment in the United States Army to the grade IN THE ARMY The following named officer for appoint- indicated under title 10, U.S.C., section 624: The following Army National Guard of the ment in the United States Navy Reserve to To be major general United States officer for appointment in the the grade indicated under title 10, U.S.C., Brig. Gen. Robert P. Walters, Jr. Reserve of the Army to the grade indicated section 12203: The following named officer for appoint- under title 10, U.S.C., sections 12203 and To be rear admiral 12211: ment in the United States Army to the grade Rear Adm. (lh) Deborah P. Haven indicated while assigned to a position of im- To be major general The following named officer for appoint- portance and responsibility under title 10, Brig. Gen. Matthew T. Quinn ment in the United States Navy Reserve to U.S.C., section 601: IN THE NAVY the grade indicated under title 10, U.S.C., To be lieutenant general section 12203: The following named officer for appoint- Lt. Gen. Edward C. Cardon ment in the United States Navy Reserve to To be rear admiral The following Army National Guard of the the grade indicated under title 10, U.S.C., Rear Adm. (lh) Mark J. Fung United States officer for appointment in the section 12203: The following named officers for appoint- Reserve of the Army to the grade indicated To be rear admiral (lower half) ment in the United States Navy Reserve to under title 10, U.S.C., sections 12203 and Capt. Phillip E. Lee, Jr. the grade indicated under title 10, U.S.C., 12211: section 12203: The following named officer for appoint- To be major general To be rear admiral ment in the United States Navy Reserve to Brig. Gen. Timothy P. Williams the grade indicated under title 10, U.S.C., Rear Adm. (lh) Russell E. Allen The following Army National Guard of the section 12203: Rear Adm. (lh) William M. Crane Rear Adm. (lh) Michael J. Dumont United States officer for appointment in the To be rear admiral (lower half) Reserve of the Army to the grade indicated IN THE AIR FORCE Capt. Alan J. Reyes under title 10, U.S.C., sections 12203 and The following named officer for appoint- 12211: The following named officer for appoint- ment as Chief of the National Guard Bureau ment in the United States Navy Reserve to and for appointment to the grade indicated To be brigadier general the grade indicated under title 10, U.S.C., in the Reserve of the Air Force under title Col. Joseph J. Streff section 12203: 10, U.S.C., sections 601 and 10502: The following Army National Guard of the To be rear admiral (lower half) To be general United States officers for appointment in the Capt. Mary C. Riggs Lt. Gen. Joseph L. Lengyel Reserve of the Army to the grade indicated The following named officer for appoint- IN THE NAVY under title 10, U.S.C., sections 12203 and 12211: ment in the United States Navy Reserve to The following named officer for appoint- the grade indicated under title 10, U.S.C., ment in the United States Navy Reserve to To be brigadier general section 12203: the grade indicated under title 10, U.S.C., Col. Anthony P. Digiacomo, II To be rear admiral (lower half) section 12203: Col. Daniel J. Hill Capt. Carol M. Lynch To be rear admiral (lower half) Col. Kenneth A. Nava The following named officer for appoint- Capt. Ronald R. Fritzemeier IN THE MARINE CORPS ment in the United States Navy Reserve to IN THE MARINE CORPS The following named officer for appoint- the grade indicated under title 10, U.S.C., The following named officers for appoint- ment in the United States Marine Corps to section 12203: ment in the United States Marine Corps to the grade indicated while assigned to a posi- To be rear admiral (lower half) the grade indicated under title 10, U.S.C., tion of importance and responsibility under Capt. Mark E. Bipes section 624: title 10, U.S.C., section 601: The following named officer for appoint- To be major general To be lieutenant general ment in the United States Navy Reserve to Brig. Gen. Charles G. Chiarotti Lt. Gen. David H. Berger the grade indicated under title 10, U.S.C., Brig. Gen. David W. Coffman IN THE AIR FORCE Brig. Gen. Paul J. Kennedy section 12203: The following named officer for appoint- Brig. Gen. Joaquin F. Malavet To be rear admiral (lower half) ment in the United States Air Force to the Brig. Gen. Loretta E. Reynolds grade indicated while assigned to a position Capt. Brian R. Guldbek Brig. Gen. Russell A. Sanborn of importance and responsibility under title The following named officer for appoint- Brig. Gen. George W. Smith, Jr. 10, U.S.C., section 601: ment in the United States Navy Reserve to Brig. Gen. Mark R. Wise the grade indicated under title 10, U.S.C., Brig. Gen. Daniel D. Yoo To be lieutenant general section 12203: IN THE AIR FORCE Maj. Gen. Jeffrey L. Harrigian To be rear admiral (lower half) The following named officer for appoint- The following named officer for appoint- Capt. Louis C. Tripoli ment as Chief of Staff, United States Air ment in the United States Air Force to the

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.077 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4712 CONGRESSIONAL RECORD — SENATE June 29, 2016 grade indicated while assigned to a position To be vice admiral PN1111 ARMY nominations (89) beginning of importance and responsibility under title Rear Adm. Marshall B. Lytle, III JOHN S. AITA, and ending DEREK C. 10, U.S.C., section 601: WHITAKER, which nominations were re- IN THE AIR FORCE To be general ceived by the Senate and appeared in the The following named officer for appoint- Lt. Gen. Tod D. Wolters Congressional Record of January 28, 2016. ment as the Vice Chief of Staff of the Air PN1141 ARMY nomination of Jason B. The following named officer for appoint- Force and appointment in the United States Blevins, which was received by the Senate ment in the Reserve of the Air Force to the Air Force to the grade indicated while as- and appeared in the Congressional Record of grade indicated while assigned to a position signed to a position of importance and re- February 1, 2016. of importance and responsibility under title sponsibility under title 10, U.S.C., sections PN1480 ARMY nomination of Shawn R. 10, U.S.C., section 601: 8034 and 601: Lynch, which was received by the Senate and To be lieutenant general To be general appeared in the Congressional Record of May Maj. Gen. Stayce D. Harris Lt. Gen. Stephen W. Wilson 18, 2016. IN THE ARMY PN1482 ARMY nomination of Rita A. The following named officer for appoint- Kostecke, which was received by the Senate The following named officer for appoint- ment in the United States Air Force to the and appeared in the Congressional Record of ment in the United States Army to the grade grade indicated while assigned to a position May 18, 2016. indicated while assigned to a position of im- of importance and responsibility under title PN1483 ARMY nomination of Helen H. portance and responsibility under title 10, 10, U.S.C., section 601: Brandabur, which was received by the Senate U.S.C., section 601: To be lieutenant general and appeared in the Congressional Record of To be lieutenant general Maj. Gen. VeraLinn Jamieson May 18, 2016. PN1484 ARMY nomination of Barry K. Wil- Maj. Gen. Gwendolyn Bingham The following named officer for appoint- liams, which was received by the Senate and IN THE NAVY ment in the United States Air Force to the appeared in the Congressional Record of May The following named officer for appoint- grade indicated while assigned to a position 18, 2016. ment in the United States Navy to the grade of importance and responsibility under title PN1506 ARMY nomination of Douglas indicated while assigned to a position of im- 10, U.S.C., section 601: Maurer, which was received by the Senate portance and responsibility under title 10, To be lieutenant general and appeared in the Congressional Record of U.S.C., section 601: Maj. Gen. Thomas W. Bergeson May 26, 2016. To be vice admiral The following named officer for appoint- PN1528 ARMY nomination of Ronald D. Rear Adm. Michael M. Gilday ment in the United States Air Force to the Hardin, Jr., which was received by the Sen- The following named officer for appoint- grade indicated under title 10, U.S.C., section ate and appeared in the Congressional ment in the United States Navy to the grade 624: Record of June 6, 2016. PN1558 ARMY nomination of Edward J. indicated while assigned to a position of im- To be major general portance and responsibility under title 10, Fisher which was received by the Senate and U.S.C., section 601: Brig. Gen. Thomas W. Geary appeared in the Congressional Record of To be vice admiral The following named officer for appoint- June 16, 2016. ment in the United States Air Force to the PN1566 ARMY nomination of David W. Rear Adm. Colin J. Kilrain grade indicated while assigned to a position Mayfield, which was received by the Senate IN THE MARINE CORPS of importance and responsibility under title and appeared in the Congressional Record of The following named officer for appoint- 10, U.S.C., section 601: June 23, 2016. ment as Assistant Commandant of the Ma- To be lieutenant general PN1567 ARMY nomination of Michael P. rine Corps in the United States Marine Garlington, which was received by the Sen- Corps, and appointment to the grade indi- Lt. Gen. John L. Dolan ate and appeared in the Congressional cated while assigned to a position of impor- The following named officer for appoint- Record of June 23, 2016. tance and responsibility under title 10, ment in the United States Air Force to the PN1568 ARMY nominations (2) beginning U.S.C., sections 601 and 5044: grade indicated while assigned to a position NOELA B. BACON, and ending WILLIAM D. To be general of importance and responsibility under title PLUMMER, which nominations were re- 10, U.S.C., section 601: ceived by the Senate and appeared in the Lt. Gen. Glenn M. Walters To be lieutenant general Congressional Record of June 23, 2016. The following named officer for appoint- PN1569 ARMY nomination of Elizabeth M. Maj. Gen. Richard M. Clark ment in the United States Marine Corps to Miller, which was received by the Senate and the grade indicated while assigned to a posi- NOMINATIONS PLACED ON THE SECRETARY’S appeared in the Congressional Record of tion of importance and responsibility under DESK June 23, 2016. title 10, U.S.C., section 601: IN THE AIR FORCE IN THE FOREIGN SERVICE To be lieutenant general PN1505 AIR FORCE nomination of Joseph PN951—2 FOREIGN SERVICE nomination Maj. Gen. Gary L. Thomas H. Imwalle, which was received by the Sen- of Richard Gustave Olson, Jr., which was re- The following named officer for appoint- ate and appeared in the Congressional ceived by the Senate and appeared in the ment in the United States Marine Corps to Record of May 26, 2016. Congressional Record of November 19, 2015. the grade indicated while assigned to a posi- PN1526 AIR FORCE nomination of Lisa A. PN1419 FOREIGN SERVICE nomination of tion of importance and responsibility under Seltman, which was received by the Senate Emily M. Scott, which was received by the title 10, U.S.C., section 601: and appeared in the Congressional Record of Senate and appeared in the Congressional To be lieutenant general June 6, 2016. Record of April 28, 2016. PN1527 AIR FORCE nominations (2) begin- PN1486 FOREIGN SERVICE nominations Maj. Gen. Lewis A. Craparotta ning ANDREW M. FOSTER, and ending An- (90) beginning Amanda R. Ahlers, and ending The following named officer for appoint- thony P. Gaddi, which nominations were re- Lee V. Wilbur, which nominations were re- ment in the United States Marine Corps to ceived by the Senate and appeared in the ceived by the Senate and appeared in the the grade indicated while assigned to a posi- Congressional Record of June 6, 2016. Congressional Record of May 18, 2016. tion of importance and responsibility under PN1554 AIR FORCE nominations (44) begin- PN1495 FOREIGN SERVICE nominations title 10, U.S.C., section 601: ning DAVID B. BARKER, and ending AN- (187) beginning Jocelyn N. Adams, and end- To be lieutenant general GELA M. YUHAS, which nominations were ing Brian Joseph Zacherl, which nomina- Maj. Gen. Joseph L. Osterman received by the Senate and appeared in the tions were received by the Senate and ap- Gongressional Record of June 16, 2016. IN THE AIR FORCE peared in the Congressional Record of May 19, 2016. The following named officer for appoint- IN THE ARMY ment in the United States Air Force to the PN1102 ARMY nomination of Bethany C. IN THE NAVY grade indicated while assigned to a position Aragon, which was received by the Senate PN418 NAVY nomination of Justin C. Legg, of importance and responsibility under title and appeared in the Congressional Record of which was received by the Senate and ap- 10, U.S.C., section 601: January 28, 2016. peared in the Congressional Record of April To be general PN1105 ARMY nomination of Brian T. Wat- 28, 2015. kins, which was received by the Senate and PN1351 NAVY nominations (8) beginning Lt. Gen. Terrence J. O’Shaughnessy appeared in the Congressional Record of Jan- TIMOTHY M. DUNN, and ending IN THE COAST GUARD uary 28, 2016. PEGGYTARA M. STOLYAROVA, which The following named officer for appoint- PN1109 ARMY nominations (12) beginning nominations were received by the Senate and ment to a position of importance and respon- SUSAN M. CEBULA, and ending LISA N. appeared in the Congressional Record of sibility in the United States Coast Guard YARBROUGH, which nominations were re- April 14, 2016. and to the grade indicated under title 14, ceived by the Senate and appeared in the PN1352 NAVY nominations (2) beginning U.S.C., section 50: Congressional Record of January 28, 2016. SUZANNE M. LESKO, and ending CHARLES

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.061 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4713 E. SUMMERS, II, which nominations were PN1445 NAVY nominations (30) beginning PN1509 NAVY nomination of Daniel Mo- received by the Senate and appeared in the JOHANNES M. BAILEY, and ending JOHN rales, which was received by the Senate and Congressional Record of April 14, 2016. E. VOLK, which nominations were received appeared in the Congressional Record of May PN1353 NAVY nomination of Andrew F. by the Senate and appeared in the Congres- 26, 2016. Ulak, which was received by the Senate and sional Record of May 11, 2016. PN1510 NAVY nomination of Stefan M. appeared in the Congressional Record of PN1446 NAVY nominations (31) beginning Groetsch, which was received by the Senate April 14, 2016. SUSAN L. AYERS, and ending MICHAEL and appeared in the Congressional Record of PN1354 NAVY nominations (3) beginning YORK, which nominations were received by May 26, 2016. KENNETH N. GRAVES, and ending BILLY the Senate and appeared in the Congres- PN1511 NAVY nomination of Jeffrey M. B. OSBORNE, JR., which nominations were sional Record of May 11, 2016. Bierley, which was received by the Senate received by the Senate and appeared in the PN1447 NAVY nominations (12) beginning and appeared in the Congressional Record of Congressional Record of April 14, 2016. MICHAEL D. BROWN, and ending BRIAN J. May 26, 2016. PN1355 NAVY nominations (3) beginning STAMM, which nominations were received PN1512 NAVY nomination of Michael G. STEVE R. PARADELA, and ending REESE by the Senate and appeared in the Congres- Zakaroff, which was received by the Senate K. ZOMAR, which nominations were received sional Record of May 11, 2016. and appeared in the Congressional Record of by the Senate and appeared in the Congres- PN1448 NAVY nominations (14) beginning May 26, 2016. sional Record of April 14, 2016. JOHN R. ANDERSON, and ending BURR M. PN1534 NAVY nominations (26) beginning PN1356 NAVY nominations (18) beginning VOGEL, which nominations were received by RON J. ARELLANO, and ending WILLIAM CHARLES M. BROWN, and ending KARL W. the Senate and appeared in the Congres- M. WILSON, which nominations were re- WICK, which nominations were received by sional Record of May 11, 2016. ceived by the Senate and appeared in the the Senate and appeared in the Congres- PN1450 NAVY nominations (5) beginning Congressional Record of June 9, 2016. sional Record of April 14, 2016. RACHAEL A. DEMPSEY, and ending SEAN PN1535 NAVY nominations (28) beginning PN1357 NAVY nominations (2) beginning D. ROBINSON, which nominations were re- KATIE M. ABDALLAH, and ending NATHAN ROBERT K. BAER, and ending JOHN L. ceived by the Senate and appeared in the J. WINTERS, which nominations were re- MORRIS, which nominations were received Congressional Record of May 11, 2016. ceived by the Senate and appeared in the by the Senate and appeared in the Congres- PN1451 NAVY nominations (10) beginning Congressional Record of June 9, 2016. sional Record of April 14, 2016. ANN E. CASEY, and ending DARYK E. PN1536 NAVY nominations (31) beginning PN1358 NAVY nominations (70) beginning ZIRKLE, which nominations were received MATTHEW J. ACANFORA, and ending JO- BRIAN S. ANDERTON, and ending JAMES by the Senate and appeared in the Congres- SEPH A. ZERBY, which nominations were T. WORTHINGTON, III, which nominations sional Record of May 11, 2016. received by the Senate and appeared in the were received by the Senate and appeared in PN1452 NAVY nominations (10) beginning Congressional Record of June 9, 2016. the Congressional Record of April 14, 2016. CLAUDE W. ARNOLD, JR., and ending ROB PN1537 NAVY nominations (44) beginning PN1359 NAVY nominations (14) beginning W. STEVENSON, which nominations were KENNETH O. ALLISON, JR., and ending CHRISTOPHER J. R. DEMCHAK, and ending received by the Senate and appeared in the TIMOTHY L. YEICH, which nominations STEVEN R. THOMPSON, which nominations Congressional Record of May 11, 2016. were received by the Senate and appeared in were received by the Senate and appeared in PN1453 NAVY nominations (9) beginning the Congressional Record of June 9, 2016. the Congressional Record of April 14, 2016. ALBERT ANGEL, and ending SCOTT D. PN1538 NAVY nominations (481) beginning PN1360 NAVY nominations (3) beginning YOUNG, which nominations were received by BENJAMIN P. ABBOTT, and ending RICH- JANETTE B. JOSE, and ending MICHAEL J. the Senate and appeared in the Congres- ARD J. ZAMBERLAN, which nominations SCHWERIN, which nominations were re- sional Record of May 11, 2016. were received by the Senate and appeared in ceived by the Senate and appeared in the PN1454 NAVY nominations (9) beginning the Congressional Record of June 9, 2016. Congressional Record of April 14, 2016. THOMAS L. GIBBONS, and ending KURT E. PN1539 NAVY nominations (16) beginning PN1361 NAVY nominations (4) beginning STRONACH, which nominations were re- PETER BISSONNETTE, and ending ERIC R. JOHNSON, and ending ANDREW R. ceived by the Senate and appeared in the ZAVEAN V. WARE, which nominations were WOOD, which nominations were received by Congressional Record of May 11, 2016. received by the Senate and appeared in the the Senate and appeared in the Congres- PN1455—1 NAVY nominations (215) begin- Congressional Record of June 9, 2016. sional Record of April 14, 2016. ning DAVID L. AAMODT, and ending NA- PN1540 NAVY nominations (35) beginning PN1362 NAVY nominations (6) beginning THAN S. YORK, which nominations were re- MYLENE R. ARVIZO, and ending ERROL A. JAREMA M. DIDOSZAK, and ending RICH- ceived by the Senate and appeared in the WATSON, JR., which nominations were re- ARD M. SZCEPANSKI, which nominations Congressional Record of May 11, 2016. ceived by the Senate and appeared in the were received by the Senate and appeared in PN1456 NAVY nominations (5) beginning Congressional Record of June 9, 2016. the Congressional Record of April 14, 2016. PN1363 NAVY nomination of Conrado G. MICHAEL B. BILZOR, and ending MAT- PN1541 NAVY nominations (15) beginning Dungca, Jr., which was received by the Sen- THEW A. TESTERMAN, which nominations DAVID R. DONOHUE, and ending JASON D. ate and appeared in the Congressional were received by the Senate and appeared in WEAVER, which nominations were received Record of April 14, 2016. the Congressional Record of May 11, 2016. by the Senate and appeared in the Congres- PN1364 NAVY nomination of Alexander L. PN1457 NAVY nominations (15) beginning sional Record of June 9, 2016. Peabody, which was received by the Senate PAUL D. CLIFFORD, and ending DIANNA PN1542 NAVY nominations (12) beginning and appeared in the Congressional Record of WOLFSON, which nominations were received RANDY J. BERTI, and ending MICHAEL April 14, 2016. by the Senate and appeared in the Congres- WINDOM, which nominations were received PN1365 NAVY nomination of Jason G. Goff, sional Record of May 11, 2016. by the Senate and appeared in the Congres- which was received by the Senate and ap- PN1458 NAVY nominations (8) beginning sional Record of June 9, 2016. peared in the Congressional Record of April ERROL A. CAMPBELL, JR., and ending PN1543 NAVY nominations (6) beginning 14, 2016. JEFFREY M. VICARIO, which nominations JODIE K. CORNELL, and ending SEAN B. PN1440 NAVY nominations (5) beginning were received by the Senate and appeared in ROBERTSON, which nominations were re- OLIVIA L. BETHEA, and ending CHRISTIAN the Congressional Record of May 11, 2016. ceived by the Senate and appeared in the A. STOVER, which nominations were re- PN1459 NAVY nominations (6) beginning Congressional Record of June 9, 2016. ceived by the Senate and appeared in the JEFFREY J. CHOWN, and ending BRET A. PN1544 NAVY nominations (16) beginning Congressional Record of May 11, 2016. WASHBURN, which nominations were re- PATRICIA H. AJOY, and ending WADE C. PN1441 NAVY nominations (64) beginning ceived by the Senate and appeared in the THAMES, which nominations were received ROGER S. AKINS, and ending MICHAEL D. Congressional Record of May 11, 2016. by the Senate and appeared in the Congres- WITTENBERGER, which nominations were PN1460 NAVY nominations (2) beginning sional Record of June 9, 2016. received by the Senate and appeared in the BROOK DEWALT, and ending PHILIP R. PN1545 NAVY nominations (14) beginning Congressional Record of May 11, 2016. ROSI, II, which nominations were received ERIN M. CESCHINI, and ending PN1442 NAVY nominations (14) beginning by the Senate and appeared in the Congres- GIANCARLO WAGHELSTEIN, which nomi- RICHARD S. ADCOOK, and ending BEN- sional Record of May 11, 2016. nations were received by the Senate and ap- JAMIN W. YOUNG, JR., which nominations PN1461 NAVY nominations (4) beginning peared in the Congressional Record of June were received by the Senate and appeared in AARON C. HOFF, and ending JOHN M. 9, 2016. the Congressional Record of May 11, 2016. TULLY, which nominations were received by PN1559 NAVY nomination of Thomas W. PN1443 NAVY nominations (31) beginning the Senate and appeared in the Congres- Luton, which was received by the Senate and ANDREW M. ARCHILA, and ending DOUG- sional Record of May 11, 2016. appeared in the Congressional Record of LAS E. STEPHENS, which nominations were PN1507 NAVY nomination of Daniel L. June 16, 2016. received by the Senate and appeared in the Christensen, which was received by the Sen- PN1570 NAVY nominations (4) beginning Congressional Record of May 11, 2016. ate and appeared in the Congressional JENNIFER L. DONAHUE, and ending ROB- PN1444 NAVY nominations (13) beginning Record of May 26, 2016. ERT R. STEEN, which nominations were re- SHANE D. COOPER, and ending RANDALL PN1508 NAVY nomination of Howard D. ceived by the Senate and appeared in the J. VAVRA, which nominations were received Watt, which was received by the Senate and Congressional Record of June 23, 2016. by the Senate and appeared in the Congres- appeared in the Congressional Record of May PN1571 NAVY nominations (3) beginning sional Record of May 11, 2016. 26, 2016. STEVEN D. BARTELL, and ending RON P.

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.062 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4714 CONGRESSIONAL RECORD — SENATE June 29, 2016 NEITZKE, which nominations were received and around the world, innovative bust Federal voting protections. As a by the Senate and appeared in the Congres- Basques capitalized on the opportunity result, 2016 will mark the first Presi- sional Record of June 23, 2016. to raise sheep and sell sheep products dential election without the full pro- PN1572 NAVY nominations (2) beginning to miners. During this time, the sheep tections of the Voting Rights Act since NATHAN JOHNSTON, and ending ROGER D. MUSSELMAN, which nominations were re- industry in Nevada grew exponentially. this historic legislation was signed into ceived by the Senate and appeared in the Following World War II, Nevada’s law in 1965. Congressional Record of June 23, 2016. Basque population soared, with a ma- The restrictions on voting that many PN1573 NAVY nominations (11) beginning jority of Basques settling in northern Americans face today can be traced PHILIP ARMAS, JR., and ending CHRIS- Nevada. The Basque brought with them back to the 2010 midterm election. TOPHER D. THOMPSON, which nominations traditional dances in colorful cos- After that election, in which Repub- were received by the Senate and appeared in tumes, music, their unique language, licans won control of several State leg- the Congressional Record of June 23, 2016. and cuisine that remains a hallmark in islative chambers and governorships, PN1574 NAVY nominations (10) beginning State lawmakers across the country in- CATHERINE O. DURHAM, and ending RE- the State of Nevada. Communities BECCA A. ZORNADO, which nominations throughout the State have benefited troduced burdensome voting laws. were received by the Senate and appeared in from the innovation of the Basque set- These laws ranged from strict voter the Congressional Record of June 23, 2016. tlers and the traditions they and their identification requirements to cuts in PN1575 NAVY nominations (13) beginning descendants have kept alive. early voting. At the time, the Voting JAMES H. BURNS, and ending REBECCA S. Over the years, the Basque have be- Rights Act served as a backstop, pre- SNYDER, which nominations were received come a part of Nevada communities, venting States covered by the by the Senate and appeared in the Congres- established businesses, and served our preclearance requirement from imple- sional Record of June 23, 2016. Nation as doctors, lawyers, scientists, menting changes that had a discrimi- PN1576 NAVY nominations (3) beginning JOHN M. HARDHAM, and ending MARTIN and teachers. The sons of Basque par- natory purpose or effect. W. WADEWITZ, II, which nominations were ents, Paul and Robert Laxalt, are That is why the Shelby County deci- received by the Senate and appeared in the among those who have earned a place sion in 2013 had an immediate impact. Congressional Record of June 23, 2016. in Nevada history, becoming well- Released from preclearance require- PN1577 NAVY nominations (8) beginning known for their strong Basque roots ments, States with discriminatory his- PHILIP J. ABELDT, and ending MICHAEL and accomplishments. Paul dedicated tories were free to move forward with B. VENER, which nominations were received his life to public service by serving as new restrictions on voting. For exam- by the Senate and appeared in the Congres- the Governor of Nevada and as a U.S. ple, within hours of the Shelby County sional Record of June 23, 2016. PN1578 NAVY nominations (22) beginning Senator, and Robert was a successful decision, Texas State officials an- LAUREN P. ARCHER, and ending ALISSA writer who captured the Basque experi- nounced that they would immediately G. SPEZIALE, which nominations were re- ence in the American West in books implement a photo ID requirement for ceived by the Senate and appeared in the such as ‘‘Sweet Promised Land’’ and in-person voting that Texas first tried Congressional Record of June 23, 2016. ‘‘The Basque Hotel.’’ to put in place in 2011. This burden- f The importance of the Basque’s im- some voter ID law had previously been pact on Nevada history is exemplified blocked by both the Department of LEGISLATIVE SESSION by the William A. Douglass Center for Justice and a Federal appeals court, The PRESIDING OFFICER. The Sen- Basque Studies at the University of Ne- due to the law’s harmful impact on ate will now resume legislative session. vada, Reno, Nevada’s land grant uni- poor and minority voters. As a result f versity. The center maintains an ex- of this law going into effect, we heard tensive collection of Basque oral his- MORNING BUSINESS disturbing stories of a 93-year-old vet- tory and provides students the oppor- eran and nearly 70-year-old doctor who Mr. SASSE. Mr. President, I ask tunity to gain expertise in Basque cul- were turned away from the polls in unanimous consent that the Senate be ture and tradition. The center, along Texas in 2014 because their IDs did not in a period of morning business, with with so many others in the State of Ne- meet the onerous new requirements. Senators permitted to speak therein vada and throughout the Nation, have During my time as chairman of the for up to 10 minutes each. worked hard to keep the rich history Subcommittee on the Constitution, The PRESIDING OFFICER. Without and spirit of Basque culture and tradi- Civil Rights, and Human Rights, I held objection, it is so ordered. tion thriving in the United States. a series of hearings that examined re- f I am pleased the Smithsonian strictive State voting laws. During these hearings, we heard over and over 2016 SMITHSONIAN FOLKLIFE FES- Folklife Festival will celebrate this in- again that these laws have a dispropor- TIVAL CELEBRATING THE credible culture for this year’s festival, tionate impact on lower-income, mi- BASQUE and I welcome the Nevadans who have traveled to Washington to participate nority, youth, elderly, and other vul- Mr. REID. Mr. President, I wish to in the 2016 Smithsonian Folklife Fes- nerable voting populations. recognize the first day of the 2016 tival. I asked the State officials at each of Smithsonian Folklife Festival, which f my hearings whether there were any is featuring the Basque. widespread instances of voter fraud to Since 1967, the Smithsonian’s Center THIRD ANNIVERSARY OF SHELBY justify these laws, and they were un- for Folklife and Cultural Heritage has COUNTY V. HOLDER able to point to any examples. There honored cultural traditions during its Mr. DURBIN. Mr. President, last Sat- have been only a handful of prosecu- annual festival and celebrated the indi- urday was the third anniversary of the tions over the last decade. This clearly viduals who help keep important tradi- Supreme Court’s Shelby County v. is not a problem in need of a solution. tions alive. The festival has featured Holder decision. In this case, a divided This is clearly an effort to restrict the participants from all 50 States and Court voted 5–4 to gut the Voting opportunity to vote for certain Ameri- more than 100 countries, and this sum- Rights Act. The Court struck down the cans. mer, the festival will showcase Basque provision of the Voting Rights Act that This year, voters in 17 States will culture in Washington, DC. required certain jurisdictions with a face restrictions that they have not The Basque migrated to the United documented history of discrimination previously experienced in a Presi- States from an ancient and free culture to ‘‘preclear’’ any changes to their vot- dential election. Eight of these States located in the Pyrenees between ing laws with the Department of Jus- were previously covered by the France and Spain. In the late 1800s and tice. preclearance provision in the Voting early 1900s, the gold rush in Nevada and In the 3 years since Shelby County, Rights Act. California drew the Basque out West. Democrats and a small handful of Re- Recent primary elections in many of They became well-known for their publicans have sought to restore the these States gave voters a taste of po- strong work ethic and skill for busi- Voting Rights Act. Unfortunately, the tential problems to come in the gen- ness. As the western mines attracted majority of Republicans in Congress eral election. In Maricopa County, AZ, workers from across the United States have obstructed efforts to reinstate ro- some voters were forced to endure

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.063 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4715 waits of more than 5 hours in order to burdensome voting laws will be re- cago. She came to the United States in cast their ballots in the March primary viewed and, if found to be discrimina- 1974 in search of a better life. At first, election. The cause of the delay was a tory, blocked before they go into ef- she lived with relatives and was sepa- decision by a local election official to fect. rated from her three children who re- massively cut the number of polling lo- I recently joined Senator LEAHY and mained in Poland. But after years of cations. In the 2008 primary, 400 polling our Democratic colleagues on the Sen- hard work, she was finally able to re- places were available. In 2016, that ate Judiciary Committee in sending a unite with her children and open her number was slashed to a mere 60 loca- letter to the chairman of the full com- own deli. Kasia’s cooking quickly be- tions. Prior to Shelby County, such a mittee and the chairman of the Con- came a hit, especially her potato and change would have been evaluated and stitution Subcommittee, urging them cheese pierogi. Customers began to call likely challenged by the Justice De- to hold a hearing on voting rights and from different States, which led to partment in a preclearance review. the Voting Rights Advancement Act. Kasia’s pierogi being available today in In Wisconsin, a newly implemented Between 2007 and 2013, Senate Demo- 26 States. voter photo identification law led to crats held nine hearings to examine the Kasia’s pierogi are so well known challenges and confusion in the April issue of voting rights. In contrast, Re- that at least three U.S. Presidents primary. Press reports recently docu- publicans have not held a single hear- have eaten them while in Chicago. In mented the story of one of the affected ing on voting rights since taking the an article that appeared in the Chicago voters. Eddie Lee Holloway, Jr., moved majority in 2015. Sun-Times, her granddaughter recalled from my home State of Illinois to Wis- This is disappointing. Voting rights that President George H.W. Bush dined consin in 2008 and was able to vote has traditionally been a bipartisan on Kasia’s pierogi while visiting the without any problems before the voter issue. In 2006, Congress reauthorized Copernicus Center, President Bill Clin- ID law went into effect. After the law the Voting Rights Act with an over- ton had some at the Taste of Chicago, was passed, Mr. Holloway went to a whelming bipartisan vote. Three hun- and President Barack Obama ate a few DMV in Milwaukee with an expired Il- dred and ninety Members of the House during a Sister Cities festival. Polish linois photo ID, his birth certificate, and 98 Senators came together on a bi- labor leader Lech Walesa also enjoyed and his Social Security card to obtain partisan basis to reauthorize the bill. Kasia’s cooking on a trip to Chicago. a Wisconsin photo ID for voting. How- Twenty-one hearings with more than 90 It is quite the story for an immigrant ever, his application was rejected due witnesses and a 15,000-page record illus- who worked 7 days a week at multiple to a clerical error on his birth certifi- trated to us that the Voting Rights Act jobs while chasing her own American cate, which read ‘‘Eddie Junior Hollo- was still very much needed. Three dream. Up until her passing, Kasia way.’’ years ago, the Supreme Court ignored could still be found working at her Mr. Holloway spent hundreds of dol- our efforts in Shelby County, but we namesake deli in Chicago’s Ukrainian lars traveling to Illinois to try to fix can, and we must, come together once Village neighborhood. Chicago’s this problem. In addition to the Mil- again to address voting rights. ‘‘Pierogi Queen’’ may be gone, but she waukee DMV, he visited the Vital Congressman JIM SENSENBRENNER, a will not soon be forgotten. Records System in Milwaukee, the Illi- Republican from Wisconsin, has intro- I offer my condolences to Kasia’s nois Vital Records Division in Spring- duced legislation in the House to re- daughters, Barbara Jakubowicz and field, an Illinois DMV, and his high store the Voting Rights Act. Earlier Maria Kordas; her son, Christopher; her school in Decatur, IL—all in an at- this year, he wrote an op-ed in the New sisters, Janina and Jozia; her six tempt to obtain sufficient records for a York Times. He noted, ‘‘Ensuring that grandchildren; and her great-grand- Wisconsin voter ID. Ultimately, he was every eligible voter can cast a ballot child. unsuccessful. Despite all of these ef- without fear, deterrence and prejudice f forts, Mr. Holloway was unable to vote is a basic American right. I would rath- TRIBUTE TO THOMAS VANDEN in the April primary. er lose my job than suppress votes to BERK What is particularly infuriating keep it.’’ about Mr. Holloway’s case is that Re- I urge my colleagues to listen to Con- Mr. DURBIN. Mr. President, I want publicans in the Wisconsin State Legis- gressman SENSENBRENNER and join us to take a few minutes to thank Thom- lature were hoping for exactly this in our fight to restore the Voting as Vanden Berk for his extraordinary type of outcome. The chief of staff to a Rights Act. It is time to bring the bi- service to the city of Chicago. Tom has leading Republican State senator in partisan Voting Rights Advancement spent 40 years devoted to one cause: Wisconsin resigned last year after wit- Act to the floor and ensure that the improving the lives of Chicago’s most nessing Republican legislators who Federal Government is once again able vulnerable by working with children were, ‘‘literally giddy’’ over the impact to fully protect the fundamental right and families who have been abused, ne- the new voter ID law would have on to vote. glected, and traumatized. Earlier this minority and student voters. In an f year, Tom announced he would be re- interview with the New York Times, tiring as chief executive officer of the the former staffer said, ‘‘I remember REMEMBERING KASIA BOBER Uhlich Children’s Advantage network, when Republicans were the ones who Mr. DURBIN. Mr. President, today I UCAN. helped Johnson pass the civil rights wish to note the passing earlier this In 1987, when Tom joined UCAN, it bill in the ’60s.’’ Indeed, it was 51 years month of a treasured member of Chi- was a small shelter housing 50 boys and ago this year President Lyndon B. cago’s Polish community, Kasia Bober, girls, operating under a $1.7 million Johnson signed the bipartisan Voting at the age of 80. budget and on the verge of closing. Rights Act into law—guaranteeing Back in August of 2005, I introduced a Under Tom’s direction, UCAN grew that the right to vote would not be re- bill to grant honorary posthumous citi- into a multifaceted and financially stricted through clever schemes, like zenship to Casimir Pulaski. I held a sound shelter focusing on child welfare poll taxes and literacy tests, devised to press conference in Chicago at the Pol- programs, violence prevention, and keep African Americans from voting. ish Museum of America in front of a strategies for combating gun violence. I wish that, 51 years after we enacted giant painting of Pulaski at the Battle Today UCAN is a leading child welfare the Voting Rights Act, our society had of Savannah. Afterward, I sat down organization in Chicago with a new $41 reached a point where its protections with leaders from the Polish commu- million campus providing a full con- were no longer necessary, but we clear- nity to discuss various issues. Kasia tinuum of over 30 programs, servicing ly have not, and the Voting Rights Act joined us for the meeting and brought more than 10,000 people every year. is still very much needed today. those famous pierogi and other treats Tom’s been the recipient of numerous That is why Senator LEAHY, Senator from her deli. I learned firsthand why awards, including the ‘‘Friend of COONS, and I introduced the Voting some consider her the ‘‘Pierogi Queen’’ Child’’ award from the Illinois Council Rights Advancement Act last year. of Chicago. on Training; Peace Leader Award from This legislation would restore the Vot- Kasia’s story is like many immigrant the Illinois Council for the Prevention ing Rights Act. It would ensure that stories in the great melting pot of Chi- of Violence; and the Council for Health

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.074 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4716 CONGRESSIONAL RECORD — SENATE June 29, 2016 and Human Service Ministries Execu- swer. I would be lost without them.’’ our national defense being cut from tive of the Year award. Alexis and Aliyah are 1 of more than underperforming programs and rein- Through Tom’s creative leadership 100 families that UCAN’s High-Risk In- vested in more important ones. and hard work, UCAN has become a fant Program provides preventive and As a staffer, she carried out in-depth vital sanctuary for young people, pro- supportive services to every year. reviews on the most important pro- viding security and healing for those These are just a couple of the countless grams in the Pentagon’s budget, in- who have suffered trauma. Over the success stories. cluding detailed annual examinations last 29 years, Tom has built UCAN on I have visited UCAN and met the of the F–35 Joint Strike Fighter, the one simple, but powerful premise: children it serves. Their stories are in- largest weapons contract in the history ‘‘Kids raised in violence are trauma- spiring. And I am thankful that UCAN of the Pentagon, and dozens of other tized and trauma can be healed.’’ Tom is making a difference in the lives of so large developmental and procurement knows trauma better than most. As a many young people in Illinois. So on programs. young boy, his father, a part-time jan- behalf of all those UCAN has served But Teri has always held a special in- itor at their church, was killed when a during Tom Vanden Berk’s tenure, I terest in space. On the Defense Sub- boiler he was repairing exploded. And want to tell him he has done wonderful committee, she led investigations into on April 25, 1992, when kids barged into things, and because of his passion and bringing competition to space launch, a party and started shooting, Tom lost dedication, people’s lives have gotten which in just the last year has shown his 15-year-old son. After the shooting, better. can cut the cost of rockets by half. She one thing became clear: ‘‘these were Fortunately for Chicago, Tom isn’t was also vital in stopping an effort to kids with absurdly easy access to going far. Later this summer, he will cut off access to rocket engines that guns.’’ So Tom asked himself, ‘‘What transition to CEO emeritus and will are vital to our national security, am I going to do with this anger?’’ continue to fundraise and advocate for which could have resulted in billions of What he has done is become a leading UCAN and the children and families it additional costs to the U.S. taxpayer. voice and advocate in the campaign to serves. I want to congratulate Thomas Teri is soon leaving the U.S. Senate. reduce gun violence. Tom understands Vanden Berk on his distinguished ca- I thank her for her service on the De- that it is not just a criminal justice reer and thank him for all he has fense Subcommittee, commend her for issue; it is a public health crisis. done—and all he will continue to do. Il- all that she has accomplished, and wish After his son’s death, Tom realized linois and the country are grateful for her and her family all the best. that many of the troubled, neglected, his service. f and abused children that he spent his f career working with had been trauma- INTERNET GAMBLING tized by gun violence in their homes TRIBUTE TO TERI SPOUTZ Mr. GRAHAM. Mr. President, in 2011, and community. His work through Mr. DURBIN. Mr. President, I have the Department of Justice’s Office of UCAN began to reflect that reality. He often remarked that the education of a Legal Counsel, OLC, issued a legal founded HELP for Survivors, a support Senator is a daunting task. Fortu- opinion reversing 50 years of interpre- group for parents who have lost loved nately, the U.S. Senate is blessed with tation of the Wire Act. Lawyers there ones to gun violence. Tom also became many talented staff who are dedicated concluded the act does not ban gam- a founding member of the Bell Cam- to that challenge. bling over the Internet, as long as the paign, known today as the Million Among them is Ms. Teri Spoutz, a betting is not on the outcome of a Mom March, which formed an alliance professional staff member of the De- sporting event. with the Brady Campaign in 2001. In fense Appropriations Subcommittee for In effect, this opinion means the Jus- 2002, Tom was named the Join To- the past 5 years. To read through Teri’s tice Department has stopped enforcing gether Hero, which recognizes true accomplishments is to understand how a law it had consistently enforced for leaders of the gun violence prevention fortunate the Senate is to be able to five decades. Left on its own, the DOJ movement. And in 2007, he received the attract some of the best talent in opinion could usher in the most funda- Citizens Advocacy Award from the Illi- Washington, DC. mental change in gambling in our life- nois Council against Handgun Vio- Teri grew up in southern California times by turning every smartphone, lence. and began her career as a civilian at tablet, and personal computer in our When asked to reflect on his career, Los Angeles Air Force Base. As a finan- country into casinos available 24/7. Tom remains focused on the problems cial manager, she served in a variety of The FBI has warned online casinos facing the community: not enough beds positions overseeing major acquisitions are susceptible to use for money laun- for impoverished kids who endure vio- of satellites and rockets for the Air dering and other criminal activity, and lence, a ridiculously high number of Force. online casinos are bound to prey on shootings, effective gun laws blocked Teri and her family then left sunny children and society’s most vulnerable. by the National Rifle Association, and California for the cold, windswept It took Congress a decade to develop on and on. He says, ‘‘I can’t sit here plains of the missile fields at F.E. War- the Wire Act. It took Congress 7 addi- and say, ‘Oh, my God, I’ve done won- ren Air Force Base, WY, as her hus- tional years to enact the Unlawful derful things and its better.’ ’’ We have band, Stephen, pursued his promising Internet Gambling Enforcement Act, a long way to go and progress is hard, career as an Air Force officer. The the 2006 law giving law enforcement but no one can deny the difference Tom Spoutz family landed in Washington, new tools to shut down online casinos. has made. DC, in 2003, and Teri continued her DOJ’s opinion gutted both laws. Just listen to those that know Tom work in the Pentagon. Despite the wide-ranging implica- and UCAN best—young people like By 2008, Teri had been promoted to tions of this opinion, there was no so- Tatiara, who came to UCAN in 2012 the Senior Executive Service as the licitation of public comment, nor any through the Family Works program. Chief of Budget Investment for the De- input sought from State and local offi- Here is what she said: ‘‘UCAN takes partment of the Air Force. For nearly cials. There is also no indication the you under their wing. You are not just 3 years, Teri was the top financial Department considered the very sig- another number but you are your own overseer of all Air Force procurement, nificant law enforcement, social, and person. They really care about you. It’s research and development, and mili- economic issues raised by Internet like you’re part of a family.’’ Or take tary construction funding. gambling. Alexis, a 23-year-old mother, whose In March 2011, Teri was persuaded to We note that a number of States daughter Aliyah was born premature join the staff of the Defense Appropria- have authorized Internet gambling, de- with multiple complications including tions Subcommittee under the leader- spite the fact the DOJ opinion does not Down’s syndrome, a tethered spinal ship of Chairman Daniel Inouye. Her carry the force of law, a fact confirmed cord, and a heart defect. Here is what expert knowledge of how the defense by our Attorney General, who, in re- she said: ‘‘I would recommend UCAN acquisition system works—and, too sponse to questions posed during her because if you need something or need often, how it does not work—has re- confirmation proceedings, wrote, ‘‘I am to get somewhere they will find the an- sulted in many billions of dollars for not aware of any statute or regulation

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.076 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4717 that gives OLC opinions the force of wanted to share the story of one That is why I support legislation like law.’’ woman who lost her daughter to PPD. the Bringing Postpartum Depression The Attorney General is absolutely I met this woman shortly after I filmed Out of the Shadows Act, and I want to correct. Only Congress can change the my interview. She works in Anchorage thank Senators ALEXANDER, MURRAY, Wire Act, and only the courts can in- and Wasilla, AK, as a child and adoles- CASSIDY, and MURPHY for including terpret the act’s reach. cent psychiatrist and has always been PPD in the Mental Health Reform Act. To make clear that the Wire Act still passionate about providing care and I have cosponsored both pieces of legis- bans all Internet gambling, the com- support to children and adolescents in lation because I believe we must do mittee report accompanying the CJS an effort to reduce and prevent suicide. more to ensure the proper screening appropriations bill includes the fol- She began to advocate for PPD after and treatment of PPD. I support efforts lowing statement: her daughter, Brittany, suffered and ul- to improve culturally competent pro- Internet Gambling.—Since 1961, the Wire timately lost her life to PPD. She was grams that will help educate physi- Act has prohibited nearly all forms of gam- only 25 years old. cians, especially primary care pro- bling over interstate wires, including the Brittany was a bright, passionate, viders, on the proper detection and Internet. However, beginning in 2011, certain and lively young woman. She was born treatment of PPD. This will not only States began to permit Internet gambling. in Fairfax, VA in 1989. She excelled in benefit the women suffering from PPD The Committee notes that the Wire Act did school and graduated with an inter- not change in 2011. The Committee also but improve the health and well-being notes that the Supreme Court of the United national baccalaureate degree at age 16 of their children and their families as a States has stated that ‘‘criminal laws are for from Mount Vernon High School. Brit- whole. With so many mothers across courts, not for the Government, to con- tany loved animals and dreamt of be- Alaska and the Nation facing PPD, it strue.’’ Abramski v. U.S., 134 S.Ct. 2259, 2274, coming a sports veterinarian 1 day. She is essential we put this issue at the 2014, internal citation omitted. continued to excel academically while forefront and openly discuss, educate, I was pleased to join with my col- taking preveterinarian courses through and improve our understanding of this league from California, Mrs. FEINSTEIN, the University of Pittsburg and later illness. in offering this language. I appreciate online through North Carolina State I stand here today in support of the chairman and the ranking member University. women all across the Nation facing having agreed to have it included with One of Brittany’s main life goals was PPD, and I will continue to advocate this legislation. to race in one of my favorite Alaskan for the services they deserve. Any jurisdiction considering author- events, the Iditarod. She owned, raced, f izing Internet gambling—and any enti- and showed several Siberian Huskies, ty seeking to participate in offering but also worked as a dog handler for LESBIAN, GAY, BISEXUAL, AND online casinos in this country—is well Karen Ramstead as part of Karen’s TRANSGENDER PRIDE MONTH 2016 advised to consider that the Justice preparation for the Iditarod. But above Mr. CARDIN. Mr. President, today I Department decision of 2011 did not all else, Brittany considered mother- wish to celebrate Lesbian, Gay, Bisex- change the Wire Act. hood to be her greatest achievement. ual, and Transgender, LGBT, Pride The question of whether there should Sadly, she began to struggle with Month. Reaching back to Stonewall, be online casinos in this Nation has PPD after a complicated delivery re- June carries a special significance for been polled widely over the past few sulting with her newborn son spending LGBT individuals across the Nation. years. It seems that no matter where a week in the neonatal intensive care For more than 40 years LGBT Pride one goes, Internet gambling is opposed unit. Brittany suffered from violent month has been a time for all Ameri- by the public by wide margins, even in and powerful emotions and sought cans to celebrate the immeasurable States where there is significant sup- treatment from her physicians for contributions LGBT individuals have port for land-based casinos. PPD. Her cries for help went unan- made to our great Nation, the progress The public recognizes that there is swered as her physicians were unable the LGBT community has made in the something fundamentally different be- or were ill-equipped to help her. U.S. and abroad, and the challenges tween having to go to a destination to Around her son’s first birthday Brit- faced in the fight for equality. place a bet and having a casino come to tany lost her battle with PPD. Shortly America’s never-ending effort to be- you, in your own home or office on an thereafter, a successful Iditarod ath- come a ‘‘more perfect union’’ involves electronic device. lete, DeeDee Janrowe, raced the the long quest to secure equal rights Regardless of how Senators may feel Iditarod in Brittany’s honor. As I have and justice for the LGBT community about this issue, I hope we can all said, Brittany was a bright, motivated, by, as I just said, changing hearts, agree that whether Internet gambling loving young woman who was stuck minds, and policy. The last year has should be permitted in this country is down early in her life because she did seen hard-fought progress for the a question for Congress to determine, not have the access to the treatment LGBT Americans. not unelected Federal bureaucrats. she needed. Her story is one of many. With the Supreme Court’s decision f PPD impacts women of every race, in- last June in Obergefell v. Hodges, come, and background. same-sex marriage is now a funda- POSTPARTUM DEPRESSION All too often, women who have PPD mental right in every State in the Ms. MURKOWSKI. Mr. President, I feel helpless, overwhelmed, and con- Union. After years of legal battles and have come to the floor today to shed fused. They may feel like they are not families being told that the govern- some light on the impacts of properly bonded with their babies or ment would not recognize their love postpartum depression among our Na- ill-equipped for parenthood and cannot and mutual commitment in the same tion’s mothers. understand what might have gone way it might view their neighbors, the Just a bit over a month ago, I sat wrong. Often, we assume that with par- Supreme Court finally ruled that down with a local Anchorage reporter enthood comes immediate joy, but in equality is an inherently American as part of a series addressing the im- fact, one in seven mothers nationwide value that should not be denied or pacts of postpartum depression, PPD. will suffer from PPD. In Alaska, our taken away from anyone. And just this As part of a four-part series, seven numbers are twice the national average past Friday, President Obama des- brave, strong, passionate women from at one in three. There are some non- ignated the historic site of the 1969 the Anchorage community came for- profit organization that seek to raise Stonewall Uprising in New York City ward and shared their stories. I joined awareness and help women connect as our Nation’s newest national monu- those women in sharing my own ac- with treatment for PPD, but often, ment. This designation will create the count of the difficulties I faced as I they are located in only the most popu- first official National Park Service transitioned into my new role as a lous parts of a State, but what about unit dedicated to telling the story of mother. the rural communities? What about the LGBT Americans. I have been inspired by these women women who are unable to receive a The LGBT community has made and other advocates that fight so hard proper screening, diagnosis, or treat- strides in righting past wrongs. I com- to help raise awareness of PPD, and I ment early on? mend Defense Secretary Ash Carter for

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.066 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4718 CONGRESSIONAL RECORD — SENATE June 29, 2016 adding sexual orientation to the U.S. cilities by transgender people is unset- down a dangerous anti-LGBT law, and military’s equal opportunity program. tling to say the least. Mozambique decriminalized homosex- Roughly a year after that historic deci- As a ranking member of the Senate uality. These are small but important sion, Eric Fanning, an eminently quali- Foreign Relations Committee and Spe- steps. fied public servant, with a long track cial Representative on Anti-Semitism, But as much as we can and should record of working on behalf of the men, Racism, and Intolerance for the Orga- celebrate global progress on these mat- women, and families of our Armed nization for Security and Cooperation ters, we have also seen troubling set- Forces, finally was confirmed by the in Europe, OSCE, Parliamentary As- backs. In too many countries, being Senate to become the Secretary of the sembly, I take special note when for- LGBT still is criminalized or met with Army. Secretary Fanning is openly eign legislatures take steps to codify violence, most recently with the brutal gay, and his confirmation reflects a discrimination. murder of Xulhaz Mannan, a USAID long overdue but commonsense under- When we see discrimination hap- employee at the U.S. Embassy in Ban- standing that sexual orientation and pening in our own society, we must gladesh and editor of Bangladesh’s first gender identity are not relevant to take action. and only LGBT magazine. Tragically, one’s ability to serve this nation. In our democracy, state-sponsored what happened to Mr. Mannan in Ban- Our military was not alone in taking discrimination sends two strong mes- gladesh is seen over and over again steps to ensure that all who wish to sages. First, it tells those who are around the world. LGBT rights are serve their country and community are being discriminated against that the human rights, and as we engage with able to do so without discrimination. government does not fully recognize the international community on The Boy Scouts of America an- you as an equal member of the society. human rights, we must prioritize nounced that, ‘‘the national executive Secondly, it sends a not-so-subtle wink LGBT rights. board ratified a resolution removing and a nod to private citizens and busi- As I said at the beginning of my re- the national restriction on openly gay nesses that further discrimination and marks, the American experience is leaders and employees.’’ abuse will be tolerated. about individuals working together to I think this move by the Boy Scouts Thankfully, Americans of every gen- build a more perfect union by changing is worth noting because it impacts two der sexual orientation, and gender hearts, minds, and policy. Since our issues that I find very important to the identity have spoken out against these founding, the U.S. Senate has played a future of this country: the welfare of laws. key role in achieving this goal. It is our children and encouraging civic in- In the U.S. Senate, I have been a very clear that ensuing LGBT Ameri- volvement. The Boy Scouts of America proud ally of the LGBT community and cans are afforded all the same rights are one of our most venerated civic or- will continue to oppose efforts to re- and protections as their neighbors is ganizations serving young people. I be- turn to a time when our government- central to building that more perfect lieve that no individual should be pre- sanctioned discrimination. union. The Senate should stand as a bulwark against intolerance and guard- vented from serving their country or This struggle for equal rights con- ian of civil rights for LGBT individuals enriching their community based on tinues not only in our States, but here in the Congress. The House of Rep- everywhere. their sexual orientation or gender iden- Before I conclude my remarks, I resentatives, for example, recently tity. The Boy Scouts’ decision not to would like to recognize the Baltimore considered a provision to prevent busi- discriminate will lead to more well- Pride Celebration. Baltimore Pride will nesses that contract with the U.S. Gov- rounded scouts. be held for the 41st time on July 19–24. For as much progress as we have seen ernment from discriminating against Baltimore has a strong LGBT commu- LGBT employees. It is shameful that, in the last year, there have been sev- nity with a long history of activism in 2016, the Congress of the United eral recent events that show our need and civic engagement. The Baltimore States of America cannot agree that to recommit to building a more perfect Pride Celebration is a chance to cele- discriminating against Americans union for all Americans. brate all the amazing contributions The shooting on June 12 in Orlando based on a core identifying char- LGBT Baltimoreans make to my home- and attacks on LGBT individuals acteristic is wrong, just as it is illegal town. across the country and abroad show to discriminate on the basis of race or that in far too many places across the religion. f world, being openly LGBT still carries Congress should take up and pass the TRIBUTE TO HOWARD HAYES great risk. Equality Act, which I am proud to co- Mr. HELLER. Mr. President, today I That an attacker would target this sponsor, which would provide com- wish to recognize Pearl Harbor sur- venue, especially during Gay Pride prehensive antidiscrimination protec- vivor and World War II veteran, How- Month, is a horrific tragedy and a tion for LGBT individuals in areas such ard Hayes. Mr. Hayes was aboard senseless loss of human lives. as housing, education, employment, United States Coast Guard Cutter My deepest sympathies are with credit, and public accommodations. Roger B. Taney, USCGC TANEY, and those killed and injured in this terror Congress should take up and pass my moored in Honolulu Harbor as the at- attack and hate crime, along with End Racial Profiling Act, which pro- tack on Pearl Harbor occurred right their families and loved ones. My hibits discriminatory profiling by law next door. It gives me great pleasure to thanks go out to the first responders enforcement officers, including honor Mr. Hayes for his bravery and who saved lives in the midst of such profiling based on gender, gender iden- service during World War II, especially danger. There is no simple solution to tity, or sexual orientation. on that specific day, December 7, 1941, preventing this type of tragedy. But As ranking member of the Senate when he selflessly placed his life on the one step that would help is for Con- Foreign Relations Committee, I have line to defend our Nation. gress to enact commonsense gun safety worked to put international human Mr. Hayes joined the U.S. Coast legislation in the coming days. rights at the forefront of U.S. foreign Guard on October 21, 1940, and served American values of tolerance, com- policy, whenever possible. The inter- on USCGC TANEY as a cook second passion, freedom, and love for thy national community has made notable class. His battle station was manning neighbor must win out over hate, intol- strides in ensuring that LGBT individ- the range finder on the bridge of the erance, and homophobia. uals are treated with the respect and ship. On December 7, 1941, when the No one should fear for their lives dignity that all people deserve. Japanese attacked Pearl Harbor, Mr. simply because of who they are. This Nepal took the commendable step of Hayes saw the planes flying overhead moral truism extends beyond the including LGBT protections in their and knew it was not a drill. After ar- LGBT community. And so it is dis- new constitution. Malta, Ireland, Thai- riving at the range finder, Mr. Hayes turbing that State legislatures have re- land, Bolivia, and Vietnam all passed and his crewmates were able to shoot cently taken steps to breathe new life laws protecting transgender individ- down four planes during the attack. I into the defunct and deplorable prac- uals. extend my deepest gratitude to Mr. tice of separate but equal facilities. At- Ukraine outlawed LGBT workplace Hayes for his service and sacrifice, tempts to restrict the use of public fa- discrimination, Kazakhstan struck which are invaluable to our Nation.

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.069 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4719 Recently, Honor Flight Nevada selfless actions and exemplify why the calendar years. It is an occasion to cel- transported Mr. Hayes to see his ship legacy of all veterans must be pre- ebrate the people who for more than for the first time in 71 years and made served for generations to come. As a two centuries have worked together arrangements so that he could go on- member of the Senate Veterans’ Affairs and cared for one another. Thanks to board USCGC TANEY. During his visit, Committee, I recognize that Congress those who came before, Guilford has a Mr. Hayes saluted the flag and honored has a responsibility not only to honor wonderful history. Thanks to those his fallen comrades. He is the last these brave individuals, but to ensure who are there today, it has a bright fu- known surviving member of the ship’s they are cared for after their return ture. crew from that day. This is truly an in- home. I remain committed to uphold- f credible opportunity provided by Honor ing this promise for our veterans and Flight Nevada. No words or actions can servicemembers in Nevada and ADDITIONAL STATEMENTS adequately thank Mr. Hayes for his throughout the Nation, including those who served on USS Nevada, SSBN 733. service, but those who went above and TRIBUTE TO GARRY RAYNO beyond to make this trip possible stand Today I ask that we recognize the ∑ as examples of how we should honor 30th anniversary of the commissioning Ms. AYOTTE. Mr. President, today I our veterans. of USS Nevada, SSBN 733, and all that wish to recognize and honor one of New As a World War II veteran, Mr. sailed aboard her. I am both humbled Hampshire’s finest and most respected Hayes’ commitment to his country, as and honored to commemorate these journalists, Garry Rayno of the New well as his dedication to his family and brave men and women and to celebrate Hampshire Union Leader. Garry is set community, exemplify why the legacy this important milestone. May we to retire after a long and impressive of all World War II veterans must be never forget the legacy of this great career covering news and people in the preserved for generations to come. submarine and her gallant crew. Granite State. These veterans truly are the Greatest f Today, he and his wife, Carolyn, live Generation, selflessly serving not for in Bow, just a few miles from our 200TH ANNIVERSARY OF THE State’s capital. Garry currently works recognition, but because it was the TOWN OF GUILFORD, MAINE right thing to do. As a member of the in the Union Leader’s State House Bu- Ms. COLLINS. Mr. President, today I Senate Veterans’ Affairs Committee, I reau, where he has had a front-row seat wish to commemorate the 200th anni- recognize that Congress has a responsi- for debates that impact the future of versary of the town of Guilford, ME. bility not only to honor these brave in- our State. These days, he is perhaps Located in the heart of the beautiful dividuals, but to ensure they are cared best known for writing the State House Maine Highlands on the banks of the for when they return home. I remain Dome column, a must-read round-up of mighty Piscataquis River, Guilford was committed to upholding this promise political news for readers following built with a spirit of determination and for our veterans and servicemembers in events at the State House in Concord. resiliency that still guides the commu- As a first-rate journalist, Garry has Nevada and throughout the Nation. nity today. Mr. Hayes displayed true courage and committed himself to putting forth the Guilford’s incorporation on February facts and figures so that New Hamp- loyalty in defending our country, espe- 8, 1816, was but one milestone on a long cially on that historic day during the shire residents can be apprised of legis- journey of progress. For thousands of lation, votes, and negotiations that im- attack on Pearl Harbor. I am both years, Maine’s Western Mountains were humbled and honored by his service pact their daily lives. His writing al- the hunting grounds of the Abenaki lows readers access to detailed ac- and am proud to call him a fellow Ne- Tribe. The reverence the Abenaki had vadan. Today I ask my colleagues to counts of everything from political ca- for the natural beauty and resources of reers of New Hampshire State rep- join me in recognizing Mr. Hayes for the region is upheld by the people of resentatives to our State’s efforts to all that he has done for our country. I Guilford today. combat the opioid abuse epidemic. wish him well in his future endeavors. Early settlers at the dawn of the 19th It has been a pleasure to work with f century were drawn by fertile soil, vast Garry over the years during my time 30TH ANNIVERSARY OF THE COM- forests, and fast-moving waters, which they turned into productive farms and at the attorney general’s office. We MISSIONING OF USS ‘‘NEVADA,’’ will certainly miss his straightforward SSBN 733 busy mills. With the Piscataquis pro- viding power, Guilford became one of analysis and reports of what’s hap- Mr. HELLER. Mr. President, today I the premier manufacturing commu- pening in Concord. Since announcing wish to recognize the 30th anniversary nities in northern New England, with his retirement, numerous letters to the of the commissioning of USS Nevada, skilled workers producing everything editor by citizens and elected officials SSBN 733. I am proud to honor one of from textiles and furniture to tooth- alike have been published in the Union Nevada’s namesake ships and all Amer- picks and violin strings. The wealth Leader, thanking Garry and lauding icans that served aboard her. produced by the land and, by hard his excellent and informative coverage Launched on September 14, 1985, USS work, innovation, and determination, of the Legislature. Nevada, SSBN 733, is a U.S. Navy Ohio- was invested in schools and churches to I join with New Hampshire residents, class ballistic missile submarine and create a true community. as well as his colleagues, in thanking the fourth U.S. Navy ship named in Guilford is a town of patriots. Garry for his unparalleled service to honor of our great State. She was spon- Throughout the town’s history, the our State and commitment to journal- sored by Carol Laxalt, the wife of then- men and women of Guilford have istic integrity. I am very proud to cele- U.S. Senator Paul Laxalt. Upon stepped forward to serve our Nation, brate and recognize Garry, and I wish launch, Captain F.W. Rohm was in and the veterans memorial stands in him and his wife, Carolyn, all the best command of the Blue Crew, and Cap- solemn tribute. It is significant that a as they enter this new chapter.∑ tain William Stone led the Gold Crew. highlight of this year’s bicentennial f The submarine was then commissioned celebration was the rededication of the REMEMBERING DONNA KELLEY on August 16, 1986. She is now one of Guilford Memorial Bridge in their eight Ohio-class ballistic submarines honor. ∑ Mr. BOOZMAN. Mr. President, today homeported at Naval Base Kitsap-Ban- Guilford is a town of involved citi- I wish to remember Donna Kelley, a gor, where crews have worked tire- zens. The active historical society, vol- longtime reporter and anchor at KARN lessly to preserve this national treas- unteer fire department, and library are News Radio in Little Rock, who passed ure. It gives me great pleasure to honor evidence of a strong community spirit. away last weekend. the history and heritage of this ship The planning and volunteerism that Donna made the move from Orlando and her crew members who sacrificed have gone into this yearlong bicenten- to Little Rock to join the KARN news so much defending our freedoms. nial celebration are evidence that team 14 years ago. Her voice quickly The brave men and women serving in Guilford’s spirit grows only stronger. became a mainstay on the airwaves in the U.S. Navy have demonstrated true This 200th anniversary is not just central Arkansas, where listeners commitment to our Nation with their about something that is measured in turned to her as a trusted source of

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.068 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4720 CONGRESSIONAL RECORD — SENATE June 29, 2016 news. In turn, Donna quickly embraced lationship between the city of Vicks- the Senate by Mr. Williams, one of his her newly adopted hometown and burg, MS, and the city of Dayton, OH. secretaries. spoke of Little Rock with the love of a I look forward to our continued work f lifelong resident. together and hope that Vicksburg will Any time there was breaking news, be able to host a delegation from Day- EXECUTIVE MESSAGES REFERRED Donna would immediately track down ton in the near future.∑ As in executive session the Presiding everyone who could add to the story. I f Officer laid before the Senate messages was always happy to talk with Donna TRIBUTE TO DAWSON COUNTY from the President of the United as her sunny disposition, positive out- States submitting sundry nominations look, and understanding of Arkansas HIGH SCHOOL STUDENTS AND DEAN MYER which were referred to the appropriate and the issues made for an enjoyable committees. conversation. ∑ Mr. DAINES. Mr. President, today I (The messages received today are In fact, with her cheerful demeanor would like to recognize the students of printed at the end of the Senate pro- and her great radio voice, I often joked Dawson County High School and Indus- ceedings.) with her about how she should have her trial Arts teacher Dean Myer. Thanks own Delilah-style radio show. to their initiative and hard work, chil- f But Donna’s true passion was the dren and families in Dawson County MESSAGE FROM THE HOUSE news. You could tell that in her metic- will be able to create wonderful memo- ENROLLED BILL SIGNED ulous reporting on breaking news and ries this summer at Penninger Park. The President pro tempore (Mr. how she tenaciously stayed on top of Due to staffing issues and delays at HATCH) announced that on today, June the stories that mattered to her lis- the Public Works Office, brandnew 29, 2016, he has signed the following en- teners in an ever-changing news cycle. playground equipment had been sitting rolled bill, which was previously signed You could easily judge how well-re- dormant in a storage unit for over a by the Speaker pro tempore (Mr. HAR- spected as a journalist Donna was, as year and a half. The students and their RIS): well as how much she was liked on a teacher, Mr. Myer, recognized the prob- personal level, by the outpouring of lem and proactively decided pull the H.R. 3114. An act to provide funds to the kind words that were shared upon the equipment out and construct it for all Army Corps of Engineers to hire veterans and members of the Armed Forces to assist news of her passing. Public officials, to enjoy. the Corps with curation and historic preser- fellow journalists, and KARN listeners Hands-on problem-solving is a won- vation activities, and for other purposes. all shared their stories of how much derful Montana lesson, and I am proud f Donna meant to them on a professional to see our educators teaching the next and personal level in news reports and generation practical skills in an inno- MEASURES REFERRED social media messages. vative and community centered man- The following bill was read the first This sentiment was shared by her ner. With an eagerness to learn and and the second times by unanimous colleagues at KARN. help their community, they started consent, and referred as indicated: ‘‘Donna was at her happiest when she work on the project in April and com- H.R. 4902. An act to amend title 5, United was working on a news story and never pleted it before the end of the school States Code, to expand law enforcement let anything keep her from getting her year. availability pay to employees of U.S. Cus- job done,’’ said Cumulus market man- The students in Mr. Myers’ class toms and Border Protection’s Air and Marine ager Keith Liesmann. ‘‘She was a took on nearly every aspect of this Operations; to the Committee on Homeland friend to everyone she worked with.’’ project from reading the blue prints Security and Governmental Affairs. My thoughts and prayers go out to and measuring the site to learning how f Donna’s friends, family, and col- to operate complicated equipment. I leagues. Her voice will truly be am so impressed with the proactive MEASURES READ THE FIRST TIME missed.∑ teaching of Mr. Myer. I truly believe The following bill was read the first f that you remember a lesson a lot time: longer if it requires you to get a little RECOGNIZING THE COOPERATION S. 3110. A bill to provide for reforms of the dirt under your fingernails. BETWEEN THE CITIES OF VICKS- administration of the outer Continental Along with technical skills, the stu- Shelf of the United States, to provide for the BURG, MISSISSIPPI, AND DAY- dents learned an invaluable lesson on development of geothermal, solar, and wind TON, OHIO how to work together. Their teacher energy on public land, and for other pur- ∑ Mr. COCHRAN. Mr. President, today says, ‘‘One thing the class really em- poses. I wish to express my appreciation to phasizes is getting along with other f the Dayton Development Coalition, the workers.’’ Thanks to their cooperation, EXECUTIVE AND OTHER city of Dayton, OH, and the Air Force Jack Rice, Glendive Public Works di- COMMUNICATIONS Research Laboratory for recently rector, is now hoping to collaborate hosting city officials and community with Mr. Myers and future classes on The following communications were leaders from Vicksburg, MS. Rep- upcoming community projects. laid before the Senate, together with resentatives from the Mississippi De- Their camaraderie and hard work accompanying papers, reports, and doc- velopment Authority, Mississippi State will leave a lasting impact on the com- uments, and were referred as indicated: University, and the U.S. Army Engi- munity of Glendive. For years to come, EC–5952. A communication from the Direc- neer Research and Development Center this park will be a place where Mon- tor of the Regulatory Management Division, also joined this trip to share ideas tanans can come to run, climb, laugh, Environmental Protection Agency, transmit- about how these two communities can and enjoy the outdoors. In 20 years, I ting, pursuant to law, the report of a rule en- titled ‘‘Pentaerythritol tetrakis (3-(3,5-di- continue their progress in support of hope that those responsible for this these two critically important Depart- tert-butyl-4-hydroxyphenyl)propionate); Ex- park will return to take their children emption from the Requirement of a Toler- ment of Defense laboratories. to play on the slides and jungle gym ance’’ (FRL No. 9947–45) received in the Of- I would like to especially recognize they helped build. fice of the President of the Senate on June Jeff Hoagland, Michael Gessel, and Thank you to the students and Mr. 28, 2016; to the Committee on Agriculture, John Ingham of the Dayton Develop- Meyer. I look forward to hearing about Nutrition, and Forestry. ment Coalition for the guidance and in- the next innovative work you will do EC–5953. A communication from the Direc- sight they have provided and continue together to benefit Montanans in the tor of the Regulatory Management Division, Environmental Protection Agency, transmit- to provide to the Vicksburg commu- future.∑ nity. I also appreciate Dayton Mayor ting, pursuant to law, the report of a rule en- f titled ‘‘2-propenoic acid, 2-methyl-, 2- Nan Whaley and the offices of the Sen- MESSAGES FROM THE PRESIDENT oxiranylmethyl ester, polymer with ethene, ators from Ohio for their hospitality ethenyl acetate, ethenyltrimethoxysilane and insight. We hope that this is the Messages from the President of the and sodium ethenesulfonate (1:1); Tolerance beginning of a long and prosperous re- United States were communicated to Exemption’’ (FRL No. 9947–34) received in

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.072 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4721 the Office of the President of the Senate on ceived in the Office of the President of the law, the report of a rule entitled ‘‘Airworthi- June 28, 2016; to the Committee on Agri- Senate on June 28, 2016; to the Committee on ness Directives; The Boeing Company Air- culture, Nutrition, and Forestry. Environment and Public Works. planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–5954. A communication from the Acting EC–5963. A communication from the Direc- 2015–1428)) received in the Office of the Presi- Under Secretary of Defense (Personnel and tor of the Regulatory Management Division, dent of the Senate on June 28, 2016; to the Readiness), transmitting a report on the ap- Environmental Protection Agency, transmit- Committee on Commerce, Science, and proved retirement of Lieutenant General ting, pursuant to law, the report of a rule en- Transportation. David L. Mann, United States Army, and his titled ‘‘Approval and Promulgation of Air EC–5972. A communication from the Man- advancement to the grade of lieutenant gen- Quality Implementation Plans; Louisiana; agement and Program Analyst, Federal eral on the retired list; to the Committee on Baton Rouge Nonattainment Area; Base Aviation Administration, Department of Armed Services. Year Emissions Inventory for the 2008 8-Hour Transportation, transmitting, pursuant to EC–5955. A communication from the Acting Ozone Standard’’ (FRL No. 9948–60-Region 6) law, the report of a rule entitled ‘‘Airworthi- Under Secretary of Defense (Personnel and received in the Office of the President of the ness Directives; The Boeing Company Air- Readiness), transmitting a report on the ap- Senate on June 28, 2016; to the Committee on planes’’ ((RIN2120–AA64) (Docket No. FAA– proved retirement of Lieutenant General Mi- Environment and Public Works. 2015–2965)) received in the Office of the Presi- chael S. Tucker, United States Army, and EC–5964. A communication from the Direc- dent of the Senate on June 28, 2016; to the his advancement to the grade of lieutenant tor of the Regulatory Management Division, Committee on Commerce, Science, and general on the retired list; to the Committee Environmental Protection Agency, transmit- Transportation. on Armed Services. ting, pursuant to law, the report of a rule en- EC–5973. A communication from the Man- EC–5956. A communication from the Acting titled ‘‘Air Plan Approval; New Hampshire; agement and Program Analyst, Federal Under Secretary of Defense (Personnel and Infrastructure Requirements for the 2010 Aviation Administration, Department of Readiness), transmitting a report on the ap- Sulfur Dioxide National Ambient Air Quality Transportation, transmitting, pursuant to proved retirement of Lieutenant General Standards ‘‘(FRL No. 9948–58-Region 1) re- law, the report of a rule entitled ‘‘Airworthi- Jeffrey W. Talley, United States Army Re- ceived in the Office of the President of the ness Directives; Bombardier, Inc. Airplanes’’ serve, and his advancement to the grade of Senate on June 28, 2016; to the Committee on ((RIN2120–AA64) (Docket No. FAA–2015–4814)) lieutenant general on the retired list; to the Environment and Public Works. received in the Office of the President of the Committee on Armed Services. EC–5965. A communication from the Assist- Senate on June 28, 2016; to the Committee on EC–5957. A communication from the Assist- ant Secretary for Legislation, Department of Commerce, Science, and Transportation. ant General Counsel for Legislation, Regula- Health and Human Services, transmitting, EC–5974. A communication from the Man- tion and Energy Efficiency, Department of pursuant to law, a report entitled ‘‘2015 Re- agement and Program Analyst, Federal Energy, transmitting, pursuant to law, the port to Congress on the Comprehensive Com- Aviation Administration, Department of report of a rule entitled ‘‘Inflation Adjust- munity Mental Health Services for Children Transportation, transmitting, pursuant to ment of Civil Monetary Penalties’’ (RIN1990– with Serious Emotional Disturbances’’; to law, the report of a rule entitled’’ Airworthi- AA46) received in the Office of the President the Committee on Health, Education, Labor, ness Directives; Bombardier, Inc. Airplanes’’ of the Senate on June 28, 2016; to the Com- and Pensions. ((RIN2120–AA64) (Docket No. FAA–2015–3988)) mittee on Energy and Natural Resources. EC–5966. A communication from the Chair, received in the Office of the President of the EC–5958. A communication from the Gen- Advisory Council on Alzheimer’s Research, Senate on June 28, 2016; to the Committee on eral Counsel, Federal Energy Regulatory Care, and Services, transmitting, pursuant Commerce, Science, and Transportation. Commission, transmitting, pursuant to law, to law, a report that includes recommenda- EC–5975. A communication from the Man- the report of a rule entitled ‘‘Settlement In- tions for improving federally and privately agement and Program Analyst, Federal tervals and Shortage Pricing in Markets Op- funded Alzheimer’s programs; to the Com- Aviation Administration, Department of erated by Regional Transmission Organiza- mittee on Health, Education, Labor, and Transportation, transmitting, pursuant to tions and Independent System Operators’’ Pensions. law, the report of a rule entitled ‘‘Airworthi- ((RIN1902–AF12) (Docket No. RM15–24–000)) EC–5967. A communication from the Man- ness Directives; Dassault Aviation Air- received in the Office of the President of the agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– Senate on June 28, 2016; to the Committee on Aviation Administration, Department of 2015–7532)) received in the Office of the Presi- Energy and Natural Resources. Transportation, transmitting, pursuant to dent of the Senate on June 28, 2016; to the EC–5959. A communication from the Assist- law, the report of a rule entitled ‘‘Airworthi- Committee on Commerce, Science, and ant General Counsel for Legislation, Regula- ness Directives; Airbus Airplanes’’ ((RIN2120– Transportation. tion and Energy Efficiency, Office of Energy AA64) (Docket No. FAA–2015–6539)) received EC–5976. A communication from the Man- Efficiency and Renewable Energy, Depart- in the Office of the President of the Senate agement and Program Analyst, Federal ment of Energy, transmitting, pursuant to on June 28, 2016; to the Committee on Com- Aviation Administration, Department of law, the report of a rule entitled ‘‘Energy merce, Science, and Transportation. Transportation, transmitting, pursuant to Conservation Program: Energy Conservation EC–5968. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Standards for Dehumidifiers’’ ((RIN1904– agement and Program Analyst, Federal ness Directives; Dassault Aviation Air- AC81) (Docket No. EERE–2012–BT–STD–0027)) Aviation Administration, Department of planes’’ ((RIN2120–AA64) (Docket No. FAA– received in the Office of the President of the Transportation, transmitting, pursuant to 2014–0657)) received in the Office of the Presi- Senate on June 28, 2016; to the Committee on law, the report of a rule entitled ‘‘Airworthi- dent of the Senate on June 28, 2016; to the Energy and Natural Resources. ness Directives; Airbus Airplanes’’ ((RIN2120– Committee on Commerce, Science, and EC–5960. A communication from the Direc- AA64) (Docket No. FAA–2015–6547)) received Transportation. tor of the Regulatory Management Division, in the Office of the President of the Senate EC–5977. A communication from the Man- Environmental Protection Agency, transmit- on June 28, 2016; to the Committee on Com- agement and Program Analyst, Federal ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. Aviation Administration, Department of titled ‘‘Civil Monetary Penalty Inflation Ad- EC–5969. A communication from the Man- Transportation, transmitting, pursuant to justment Rate’’ ((RIN2020–AA51) (FRL No. agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- 9948–48–OECA)) received in the Office of the Aviation Administration, Department of ness Directives; Airbus Helicopters (Pre- President of the Senate on June 28, 2016; to Transportation, transmitting, pursuant to viously Eurocopter France)’’ ((RIN2120–AA64) the Committee on Environment and Public law, the report of a rule entitled ‘‘Airworthi- (Docket No. FAA–2015–3970)) received in the Works. ness Directives; Airbus Airplanes’’ ((RIN2120– Office of the President of the Senate on June EC–5961. A communication from the Direc- AA64) (Docket No. FAA–2015–2458)) received 28, 2016; to the Committee on Commerce, tor of the Regulatory Management Division, in the Office of the President of the Senate Science, and Transportation. Environmental Protection Agency, transmit- on June 28, 2016; to the Committee on Com- EC–5978. A communication from the Man- ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. agement and Program Analyst, Federal titled ‘‘Approval of Air Quality Implementa- EC–5970. A communication from the Man- Aviation Administration, Department of tion Plans; New Jersey, Carbon Monoxide agement and Program Analyst, Federal Transportation, transmitting, pursuant to Maintenance Plan’’ (FRL No. 9948–57–Region Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- 2) received in the Office of the President of Transportation, transmitting, pursuant to ness Directives; Bell Helicopter Textron Can- the Senate on June 28, 2016; to the Com- law, the report of a rule entitled ‘‘Airworthi- ada Helicopters’’ ((RIN2120–AA64) (Docket mittee on Environment and Public Works. ness Directives; The Boeing Company Air- No. FAA–2013–0734)) received in the Office of EC–5962. A communication from the Direc- planes’’ ((RIN2120–AA64) (Docket No. FAA– the President of the Senate on June 28, 2016; tor of the Regulatory Management Division, 2016–5592)) received in the Office of the Presi- to the Committee on Commerce, Science, Environmental Protection Agency, transmit- dent of the Senate on June 28, 2016; to the and Transportation. ting, pursuant to law, the report of a rule en- Committee on Commerce, Science, and EC–5979. A communication from the Man- titled ‘‘Approval and Promulgation of Air Transportation. agement and Program Analyst, Federal Quality Implementation Plans; Louisiana; EC–5971. A communication from the Man- Aviation Administration, Department of Revisions to the New Source Review State agement and Program Analyst, Federal Transportation, transmitting, pursuant to Implementation Plan; Air Permit Procedure Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- Revisions’’ (FRL No. 9948–47–Region 6) re- Transportation, transmitting, pursuant to ness Directives; Pratt and Whitney Division

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.023 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4722 CONGRESSIONAL RECORD — SENATE June 29, 2016 Turbofan Engines’’ ((RIN2120–AA64) (Docket received in the Office of the President of the EC–5996. A communication from the Man- No. FAA–2015–4474)) received in the Office of Senate on June 28, 2016; to the Committee on agement and Program Analyst, Federal the President of the Senate on June 28, 2016; Commerce, Science, and Transportation. Aviation Administration, Department of to the Committee on Commerce, Science, EC–5988. A communication from the Man- Transportation, transmitting, pursuant to and Transportation. agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Standard EC–5980. A communication from the Man- Aviation Administration, Department of Instrument Approach Procedures, and Take- agement and Program Analyst, Federal Transportation, transmitting, pursuant to off Minimums and Obstacle Departure Proce- Aviation Administration, Department of law, the report of a rule entitled ‘‘Establish- dures; Miscellaneous Amendments (34); Transportation, transmitting, pursuant to ment of Class E Airspace; Moriarty, NM’’ Amdt. No. 3689’’ (RIN2120–AA65) received in law, the report of a rule entitled ‘‘Airworthi- ((RIN2120–AA66) (Docket No. FAA–2015–8060)) the Office of the President of the Senate on ness Directives; General Electric Company received in the Office of the President of the June 28, 2016; to the Committee on Com- Turbofan Engines’’ ((RIN2120–AA64) (Docket Senate on June 28, 2016; to the Committee on merce, Science, and Transportation. No. FAA–2015–4344)) received in the Office of Commerce, Science, and Transportation. EC–5997. A communication from the Man- the President of the Senate on June 28, 2016; EC–5989. A communication from the Man- agement and Program Analyst, Federal to the Committee on Commerce, Science, agement and Program Analyst, Federal Aviation Administration, Department of and Transportation. Aviation Administration, Department of Transportation, transmitting, pursuant to EC–5981. A communication from the Man- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Standard agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Establish- Instrument Approach Procedures, and Take- Aviation Administration, Department of ment of Class E Airspace; Danville, AR’’ off Minimums and Obstacle Departure Proce- Transportation, transmitting, pursuant to ((RIN2120–AA66) (Docket No. FAA–2015–4836)) dures; Miscellaneous Amendments (97); law, the report of a rule entitled ‘‘Airworthi- received in the Office of the President of the Amdt. No. 3690’’ (RIN2120–AA65) received in ness Directives; Mitsubishi Heavy Industries, Senate on June 28, 2016; to the Committee on the Office of the President of the Senate on Ltd. Airplanes’’ ((RIN2120–AA64) (Docket No. Commerce, Science, and Transportation. June 28, 2016; to the Committee on Com- FAA–2016–1363)) received in the Office of the EC–5990. A communication from the Man- merce, Science, and Transportation. President of the Senate on June 28, 2016; to agement and Program Analyst, Federal EC–5998. A communication from the Regu- the Committee on Commerce, Science, and Aviation Administration, Department of latory Ombudsman, Federal Motor Carrier Transportation. Transportation, transmitting, pursuant to Safety Administration, Department of EC–5982. A communication from the Man- law, the report of a rule entitled ‘‘Establish- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ment of Class E Airspace; Ketchum, OK’’ law, the report of a rule entitled ‘‘Driving of Aviation Administration, Department of ((RIN2120–AA66) (Docket No. FAA–2016–1288)) Commercial Motor Vehicles: Use of Seat Transportation, transmitting, pursuant to received in the Office of the President of the Belts’’ (RIN2126–AB87) received in the Office law, the report of a rule entitled ‘‘Airworthi- Senate on June 28, 2016; to the Committee on of the President of the Senate on June 28, ness Directives; Kaman Aerospace Corpora- Commerce, Science, and Transportation. 2016; to the Committee on Commerce, tion’’ ((RIN2120–AA64) (Docket No. FAA– EC–5991. A communication from the Man- Science, and Transportation. 2016–0183)) received in the Office of the Presi- agement and Program Analyst, Federal EC–5999. A communication from the Acting dent of the Senate on June 28, 2016; to the Aviation Administration, Department of Deputy Chief Financial Officer and Director Committee on Commerce, Science, and Transportation, transmitting, pursuant to for Financial Management, Office of the Transportation. law, the report of a rule entitled ‘‘Establish- Chief Financial Officer and Assistant Sec- EC–5983. A communication from the Man- ment of Class E Airspace; Horseshoe Bend, retary for Administration, Department of agement and Program Specialist, Federal AR’’ ((RIN2120–AA66) (Docket No. FAA–2015– Commerce, transmitting, pursuant to law, Aviation Administration, Department of 5802)) received in the Office of the President the report of a rule entitled ‘‘Civil Monetary Transportation, transmitting, pursuant to of the Senate on June 28, 2016; to the Com- Penalty Adjustments for Inflation’’ law, the report of a rule entitled ‘‘Airworthi- mittee on Commerce, Science, and Transpor- (RIN0605–AA44) received in the Office of the ness Directives; DG Flugzeugbau GmbH Glid- tation. President of the Senate on June 28, 2016; to ers’’ ((RIN2120–AA64) (Docket No. FAA–2015– EC–5992. A communication from the Man- the Committee on Commerce, Science, and 1130)) received in the Office of the President agement and Program Analyst, Federal Transportation. Aviation Administration, Department of of the Senate on June 28, 2016; to the Com- f mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to tation. law, the report of a rule entitled ‘‘Establish- REPORTS OF COMMITTEES EC–5984. A communication from the Man- ment of Class E Airspace; Deer Lodge, MT’’ The following reports of committees agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No. FAA–2015–3773)) were submitted: Aviation Administration, Department of received in the Office of the President of the Transportation, transmitting, pursuant to Senate on June 28, 2016; to the Committee on By Mr. GRAHAM, from the Committee on law, the report of a rule entitled ‘‘Airworthi- Commerce, Science, and Transportation. Appropriations, without amendment: ness Directives; Turbomeca S.A. Turboshaft EC–5993. A communication from the Man- S. 3117. An original bill making appropria- Engines’’ ((RIN2120–AA64) (Docket No. FAA– agement and Program Analyst, Federal tions for the Department of State, foreign 2015–5539)) received in the Office of the Presi- Aviation Administration, Department of operations, and related programs for the fis- dent of the Senate on June 28, 2016; to the Transportation, transmitting, pursuant to cal year ending September 30, 2017, and for Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Establish- other purposes (Rept. No. 114–290). By Mr. VITTER, from the Committee on Transportation. ment of Class E Airspace; Coldwater, KS’’ EC–5985. A communication from the Man- ((RIN2120–AA66) (Docket No. FAA–2015–5194)) Small Business and Entrepreneurship, with agement and Program Analyst, Federal received in the Office of the President of the an amendment in the nature of a substitute: S. 1870. A bill to amend the Small Business Aviation Administration, Department of Senate on June 28, 2016; to the Committee on Act to require the Administrator of the Transportation, transmitting, pursuant to Commerce, Science, and Transportation. Small Business Administration to carry out law, the report of a rule entitled ‘‘Airworthi- EC–5994. A communication from the Man- a pilot program on issuing grants to eligible ness Directives; Piper Aircraft, Inc. Air- agement and Program Analyst, Federal veterans to start or acquire qualifying busi- planes’’ ((RIN2120–AA64) (Docket No. FAA– Aviation Administration, Department of nesses, and for other purposes. 2014–0338)) received in the Office of the Presi- Transportation, transmitting, pursuant to dent of the Senate on June 28, 2016; to the law, the report of a rule entitled ‘‘Standard f Committee on Commerce, Science, and Instrument Approach Procedures, and Take- EXECUTIVE REPORTS OF Transportation. off Minimums and Obstacle Departure Proce- COMMITTEE EC–5986. A communication from the Man- dures; Miscellaneous Amendments (89); agement and Program Analyst, Federal Amdt. No. 3692’’ (RIN2120–AA65) received in The following executive reports of Aviation Administration, Department of the Office of the President of the Senate on nominations were submitted: Transportation, transmitting, pursuant to June 28, 2016; to the Committee on Com- By Mr. THUNE for the Committee on Com- law, the report of a rule entitled ‘‘IFR Alti- merce, Science, and Transportation. merce, Science, and Transportation. tudes; Miscellaneous Amendments’’ EC–5995. A communication from the Man- Peggy E. Gustafson, of Maryland, to be In- ((RIN2120–AA63) (Docket No. 31075)) received agement and Program Analyst, Federal spector General, Department of Commerce. in the Office of the President of the Senate Aviation Administration, Department of *Michael A. Khouri, of Kentucky, to be a on June 28, 2016; to the Committee on Com- Transportation, transmitting, pursuant to Federal Maritime Commissioner for a term merce, Science, and Transportation. law, the report of a rule entitled ‘‘Standard expiring June 30, 2021. EC–5987. A communication from the Man- Instrument Approach Procedures, and Take- *Nomination was reported with rec- agement and Program Analyst, Federal off Minimums and Obstacle Departure Proce- ommendation that it be confirmed sub- Aviation Administration, Department of dures; Miscellaneous Amendments (45); Transportation, transmitting, pursuant to Amdt. No. 3691’’ (RIN2120–AA65) received in ject to the nominee’s commitment to law, the report of a rule entitled ‘‘Establish- the Office of the President of the Senate on respond to requests to appear and tes- ment of Class E Airspace; Hollis, OK’’ June 28, 2016; to the Committee on Com- tify before any duly constituted com- ((RIN2120–AA66) (Docket No. FAA–2016–0835)) merce, Science, and Transportation. mittee of the Senate.

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.025 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4723 (Nominations without an asterisk By Mr. GRAHAM: SUBMISSION OF CONCURRENT AND were reported with the recommenda- S. 3117. An original bill making appropria- SENATE RESOLUTIONS tion that they be confirmed.) tions for the Department of State, foreign The following concurrent resolutions operations, and related programs for the fis- f and Senate resolutions were read, and cal year ending September 30, 2017, and for INTRODUCTION OF BILLS AND other purposes; from the Committee on Ap- referred (or acted upon), as indicated: JOINT RESOLUTIONS propriations; placed on the calendar. By Mr. CARDIN (for himself and Mr. GARDNER): The following bills and joint resolu- By Ms. WARREN (for herself and Mr. WARNER): S. Res. 515. A resolution welcoming Prime tions were introduced, read the first Minister Lee Hsien-Loong to the United S. 3118. A bill to amend the Commodity Ex- and second times by unanimous con- States and reaffirming Singapore’s strategic change Act to clarify which fees the Com- partnership with the United States, encom- sent, and referred as indicated: modity Futures Trading Commission may passing broad and robust economic, military- By Mr. ISAKSON (for himself, Mr. BEN- assess and collect, and for other purposes; to to-military, law enforcement, and counter- NET, Mr. GARDNER, and Mr. PERDUE): the Committee on Agriculture, Nutrition, terrorism cooperation; to the Committee on S. 3107. A bill to amend title XVIII of the and Forestry. Social Security Act to provide for a tem- Foreign Relations. By Mr. GARDNER (for himself and Mr. By Mr. ALEXANDER (for himself, Mr. porary exception to the application of the LEE): Medicare long-term care hospital site neu- CORKER, and Ms. MIKULSKI): S. 3119. A bill to require reductions in the S. Res. 516. A resolution relative to the tral provisions for certain spinal cord spe- direct cost of Federal regulation that are death of Pat Summitt, head coach emeritus cialty hospitals; to the Committee on Fi- proportional to the amount of increases in of the University of Tennessee women’s bas- nance. the debt ceiling; to the Committee on Home- ketball team; considered and agreed to. By Mr. BLUMENTHAL (for himself, land Security and Governmental Affairs. By Mr. SESSIONS (for himself, Mr. Mr. SCHATZ, Mr. WYDEN, Mr. By Mr. VITTER: SHELBY, Mr. VITTER, Mr. MORAN, Mr. MERKLEY, and Mr. BOOKER): S. 3108. A bill to decrease the incidence of S. 3120. A bill to apply the provisions of the CARDIN, Mr. BLUNT, Mr. MENENDEZ, food waste, and for other purposes; to the Patient Protection and Affordable Care Act Mrs. BOXER, Mr. DAINES, Ms. WAR- Committee on Agriculture, Nutrition, and to Congressional members and members of REN, Mr. BOOKER, Ms. AYOTTE, and Forestry. the executive branch; to the Committee on Mr. GRAHAM): S. Res. 517. A resolution designating Sep- By Ms. HEITKAMP (for herself and Mr. Homeland Security and Governmental Af- tember 2016 as ‘‘National Prostate Cancer LANKFORD): fairs. Awareness Month’’; considered and agreed S. 3109. A bill to require Inspectors General By Mr. WHITEHOUSE: to. to make open recommendations publicly S. 3121. A bill to require the Secretary of By Mr. ENZI (for himself, Ms. available; to the Committee on Homeland the Army to carry out a comprehensive as- HEITKAMP, Mr. BARRASSO, Mr. REID, Security and Governmental Affairs. sessment and management plan to restore Mr. CRAPO, Mr. TESTER, Mr. RISCH, By Mr. CASSIDY (for himself, Ms. aquatic ecosystems in the North Atlantic Mr. UDALL, Mr. INHOFE, Mr. HEINRICH, MURKOWSKI, Mr. SCOTT, Mr. VITTER, coast region; to the Committee on Environ- Mr. ROUNDS, Mr. MERKLEY, Mr. Mr. TILLIS, and Mr. SULLIVAN): ment and Public Works. THUNE, Mr. HOEVEN, Mr. CORNYN, and S. 3110. A bill to provide for reforms of the By Mr. SCHATZ (for himself, Mr. DUR- administration of the outer Continental Mr. LANKFORD): BIN, Mr. WHITEHOUSE, Mr. SANDERS, S. Res. 518. A resolution designating July Shelf of the United States, to provide for the Mr. MARKEY, Mr. MERKLEY, Mrs. 23, 2016, as ‘‘National Day of the American development of geothermal, solar, and wind GILLIBRAND, Mr. FRANKEN, Mr. BOOK- Cowboy’’; considered and agreed to. energy on public land, and for other pur- ER, and Mr. CARDIN): By Mr. WICKER (for himself and Mr. poses; read the first time. S. 3122. A bill to reinstate Federal Pell COCHRAN): By Mr. PORTMAN (for himself and Mr. Grant eligibility for individuals incarcerated S. Res. 519. A resolution recognizing the BROWN): 300th anniversary and historical significance S. 3111. A bill to amend the Internal Rev- in Federal and State penal institutions, and for other purposes; to the Committee on of the city of Natchez, Mississippi; consid- enue Code of 1986 to extend the 7.5 percent ered and agreed to. threshold for the medical expense deduction Health, Education, Labor, and Pensions. for individuals age 65 or older; to the Com- By Mr. LEE (for himself and Mr. COT- f TON): mittee on Finance. ADDITIONAL COSPONSORS By Mr. HELLER (for himself and Mr. S. 3123. A bill to provide for the continu- CASEY): ation with respect to the United Kingdom of S. 6 S. 3112. A bill to amend title 38, United existing commercial agreements between the At the request of Mr. UDALL, the States Code, to require the Secretary of Vet- United States and the European Union, to name of the Senator from California erans Affairs to submit an annual report re- encourage the President to expeditiously ne- (Mrs. BOXER) was added as a cosponsor garding performance awards and bonuses gotiate a new comprehensive bilateral trade of S. 6, a bill to reform our govern- awarded to certain high-level employees of agreement with the United Kingdom, and for ment, reduce the grip of special inter- the Department of Veterans Affairs; to the other purposes; to the Committee on Fi- est, and return our democracy to the Committee on Veterans’ Affairs. nance. By Ms. KLOBUCHAR (for herself and By Mrs. ERNST (for herself, Mr. American people through increased Ms. COLLINS): GRASSLEY, Mr. SASSE, and Mrs. transparency and oversight of our elec- S. 3113. A bill to amend Public Health FISCHER): tions and government. Service Act to authorize grants for training S. 3124. A bill to require U.S. Immigration S. 386 and support services for families and care- and Customs Enforcement to take into cus- At the request of Mr. THUNE, the givers of people living with Alzheimer’s dis- tody certain aliens who have been charged in name of the Senator from Iowa (Mr. ease or a related dementia; to the Com- the United States with a crime that resulted GRASSLEY) was added as a cosponsor of mittee on Health, Education, Labor, and in the death or serious bodily injury of an- S. 386, a bill to limit the authority of Pensions. other person, and for other purposes; to the By Mr. MCCAIN: States to tax certain income of em- Committee on the Judiciary. ployees for employment duties per- S. 3114. A bill to express the sense of the By Mr. CASEY (for himself and Mr. Senate regarding the safe and expeditious re- ISAKSON): formed in other States. settlement to Albania of all residents of S. 578 Camp Liberty; to the Committee on Foreign S. 3125. A bill to establish a designation for jurisdictions permissive to terrorism financ- At the request of Ms. COLLINS, the Relations. name of the Senator from Montana By Mr. WICKER (for himself and Mr. ing, to build the capacity of partner nations to investigate, prosecute, and hold account- (Mr. DAINES) was added as a cosponsor BROWN): S. 3115. A bill to amend the Public Health able terrorist financiers, to impose restric- of S. 578, a bill to amend title XVIII of Service Act with respect to a national pedi- tions on foreign financial institutions that the Social Security Act to ensure more atric research network; to the Committee on provide financial services for terrorist orga- timely access to home health services Health, Education, Labor, and Pensions. nizations, and for other purposes; to the for Medicare beneficiaries under the By Mr. WARNER (for himself, Mr. Committee on Foreign Relations. Medicare program. By Mr. GRAHAM (for himself, Mr. HELLER, Mr. KAINE, and Mr. GARD- S. 689 NER): MCCAIN, Mr. ISAKSON, Mr. BLUNT, and S. 3116. A bill to amend the loan counseling Mr. RISCH): At the request of Mr. THUNE, the requirements under the Higher Education S.J. Res. 36. A joint resolution proposing name of the Senator from New Hamp- Act of 1965, and for other purposes; to the an amendment to the Constitution of the shire (Ms. AYOTTE) was added as a co- Committee on Health, Education, Labor, and United States relating to parental rights; to sponsor of S. 689, a bill to provide pro- Pensions. the Committee on the Judiciary. tections for certain sports medicine

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.015 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4724 CONGRESSIONAL RECORD — SENATE June 29, 2016 professionals who provide certain med- cases, identify existing resources to le- or sanctions activities targeting Israel, ical services in a secondary State. verage to the extent possible, and as- and for other purposes. S. 785 sure data collection, research, and S. 2590 At the request of Mr. CASEY, the evaluation to promote the efficacy and At the request of Ms. STABENOW, the name of the Senator from Minnesota efficiency of the activities described in name of the Senator from Colorado (Mr. FRANKEN) was added as a cospon- this Act. (Mr. BENNET) was added as a cosponsor sor of S. 785, a bill to amend the Safe S. 1714 of S. 2590, a bill to amend title XXI of Drinking Water Act to repeal a certain At the request of Mr. MANCHIN, the the Social Security Act to improve ac- exemption for hydraulic fracturing, name of the Senator from Minnesota cess to, and the delivery of, children’s and for other purposes. (Mr. FRANKEN) was added as a cospon- health services through school-based S. 901 sor of S. 1714, a bill to amend the Sur- health centers, and for other purposes. At the request of Mr. MORAN, the face Mining Control and Reclamation S. 2659 name of the Senator from Florida (Mr. Act of 1977 to transfer certain funds to At the request of Mr. BURR, the name RUBIO) was added as a cosponsor of S. the Multiemployer Health Benefit Plan of the Senator from Florida (Mr. NEL- 901, a bill to establish in the Depart- and the 1974 United Mine Workers of SON) was added as a cosponsor of S. ment of Veterans Affairs a national America Pension Plan, and for other 2659, a bill to reaffirm that the Envi- center for research on the diagnosis purposes. ronmental Protection Agency cannot and treatment of health conditions of S. 1831 regulate vehicles used solely for com- the descendants of veterans exposed to At the request of Mr. TOOMEY, the petition, and for other purposes. toxic substances during service in the name of the Senator from Indiana (Mr. S. 2712 Armed Forces that are related to that DONNELLY) was added as a cosponsor of At the request of Mr. BOOZMAN, the exposure, to establish an advisory S. 1831, a bill to revise section 48 of name of the Senator from Arkansas board on such health conditions, and title 18, United States Code, and for (Mr. COTTON) was added as a cosponsor for other purposes. other purposes. of S. 2712, a bill to restore amounts im- properly withheld for tax purposes S. 1013 S. 2067 from severance payments to individ- At the request of Mr. COCHRAN, the At the request of Mr. WICKER, the uals who retired or separated from names of the Senator from New Hamp- name of the Senator from Idaho (Mr. service in the Armed Forces for com- shire (Ms. AYOTTE) and the Senator CRAPO) was added as a cosponsor of S. bat-related injuries, and for other pur- from South Carolina (Mr. GRAHAM) 2067, a bill to establish EUREKA Prize poses. were added as cosponsors of S. 1013, a Competitions to accelerate discovery bill to amend title XVIII of the Social and development of disease-modifying, S. 2795 Security Act to provide for coverage preventive, or curative treatments for At the request of Mr. INHOFE, the and payment for complex rehabilita- Alzheimer’s disease and related demen- name of the Senator from Virginia (Mr. tion technology items under the Medi- tia, to encourage efforts to enhance de- WARNER) was added as a cosponsor of S. care program, and for other purposes. tection and diagnosis of such diseases, 2795, a bill to modernize the regulation of nuclear energy. S. 1089 or to enhance the quality and effi- S. 2822 At the request of Mr. BENNET, the ciency of care of individuals with such At the request of Mr. PORTMAN, the name of the Senator from New York diseases. name of the Senator from Louisiana (Mr. SCHUMER) was added as a cospon- S. 2193 (Mr. VITTER) was added as a cosponsor sor of S. 1089, a bill to encourage and At the request of Mr. CRUZ, the name of S. 2822, a bill to continue the use of support partnerships between the pub- of the Senator from Pennsylvania (Mr. a 3-month quarter EHR reporting pe- lic and private sectors to improve our TOOMEY) was added as a cosponsor of S. riod for health care providers to dem- Nation’s social programs, and for other 2193, a bill to amend the Immigration onstrate meaningful use for 2016 under purposes. and Nationality Act to increase pen- the Medicare and Medicaid EHR incen- alties for individuals who illegally re- S. 1500 tive payment programs, and for other enter the United States after being re- At the request of Mr. CRAPO, the purposes. moved and for other purposes. name of the Senator from South Da- S. 2904 S. 2196 kota (Mr. THUNE) was added as a co- At the request of Mr. WHITEHOUSE, sponsor of S. 1500, a bill to clarify Con- At the request of Mr. CASEY, the the names of the Senator from Cali- gressional intent regarding the regula- name of the Senator from Illinois (Mr. fornia (Mrs. BOXER), the Senator from tion of the use of pesticides in or near KIRK) was added as a cosponsor of S. Florida (Mr. NELSON) and the Senator navigable waters, and for other pur- 2196, a bill to amend title XVIII of the from Connecticut (Mr. BLUMENTHAL) poses. Social Security Act to provide for the were added as cosponsors of S. 2904, a S. 1555 non-application of Medicare competi- bill to amend title II of the Social Se- At the request of Ms. HIRONO, the tive acquisition rates to complex reha- curity Act to eliminate the five month names of the Senator from New Mexico bilitative wheelchairs and accessories. waiting period for disability insurance (Mr. UDALL) and the Senator from New S. 2386 benefits under such title for individuals Mexico (Mr. HEINRICH) were added as At the request of Mrs. GILLIBRAND, with amyotrophic lateral sclerosis. cosponsors of S. 1555, a bill to award a the name of the Senator from New Jer- S. 2960 Congressional Gold Medal, collectively, sey (Mr. BOOKER) was added as a co- At the request of Mr. BOOKER, the to the Filipino veterans of World War sponsor of S. 2386, a bill to authorize name of the Senator from Connecticut II, in recognition of the dedicated serv- the establishment of the Stonewall Na- (Mr. MURPHY) was added as a cosponsor ice of the veterans during World War tional Historic Site in the State of New of S. 2960, a bill to establish certain du- II. York as a unit of the National Park ties for pharmacies to ensure provision S. 1663 System, and for other purposes. of Food and Drug Administration-ap- At the request of Mr. BLUMENTHAL, S. 2531 proved contraception, and for other the name of the Senator from Vermont At the request of Mr. KIRK, the purposes. (Mr. LEAHY) was added as a cosponsor names of the Senator from South Caro- S. 2962 of S. 1663, a bill to better protect, lina (Mr. SCOTT), the Senator from At the request of Ms. CANTWELL, the serve, and advance the rights of vic- West Virginia (Mrs. CAPITO) and the names of the Senator from New Hamp- tims of elder abuse and financial ex- Senator from Connecticut (Mr. MUR- shire (Ms. AYOTTE) and the Senator ploitation by encouraging States and PHY) were added as cosponsors of S. from Minnesota (Ms. KLOBUCHAR) were other qualified entities to hold offend- 2531, a bill to authorize State and local added as cosponsors of S. 2962, a bill to ers accountable, enhance the capacity governments to divest from entities amend the Internal Revenue Code of of the justice system to investigate, that engage in commerce-related or in- 1986 to reform the low-income housing pursue, and prosecute elder abuse vestment-related boycott, divestment, credit, and for other purposes.

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.027 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4725 S. 2989 added as cosponsors of S.J. Res. 35, a and amend the National Sea Grant Col- At the request of Ms. MURKOWSKI, the joint resolution providing for congres- lege Program Act, and for other pur- name of the Senator from New York sional disapproval under chapter 8 of poses. (Mrs. GILLIBRAND) was added as a co- title 5, United States Code, of the final AMENDMENT NO. 4919 sponsor of S. 2989, a bill to award a rule of the Department of Labor relat- At the request of Mr. LEE, the name Congressional Gold Medal, collectively, ing to ‘‘Interpretation of the ‘Advice’ of the Senator from Kentucky (Mr. to the United States merchant mari- Exemption in Section 203(c) of the PAUL) was added as a cosponsor of ners of World War II, in recognition of Labor-Management Reporting and Dis- amendment No. 4919 intended to be pro- their dedicated and vital service during closure Act’’. posed to S. 2328, a bill to reauthorize World War II. S. RES. 432 and amend the National Sea Grant Col- S. 3026 At the request of Mr. CARDIN, the lege Program Act, and for other pur- At the request of Mr. SCHUMER, the name of the Senator from Pennsyl- poses. name of the Senator from Oregon (Mr. vania (Mr. CASEY) was added as a co- AMENDMENT NO. 4920 WYDEN) was added as a cosponsor of S. sponsor of S. Res. 432, a resolution sup- At the request of Mr. LEE, the name 3026, a bill to amend the Communica- porting respect for human rights and of the Senator from Kentucky (Mr. tions Act of 1934 to expand and clarify encouraging inclusive governance in PAUL) was added as a cosponsor of the prohibition on inaccurate caller Ethiopia. amendment No. 4920 intended to be pro- identification information and to re- S. RES. 504 posed to S. 2328, a bill to reauthorize quire providers of telephone service to At the request of Mr. BOOZMAN, the and amend the National Sea Grant Col- offer technology to subscribers to re- names of the Senator from West Vir- lege Program Act, and for other pur- duce the incidence of unwanted tele- ginia (Mrs. CAPITO) and the Senator poses. phone calls, and for other purposes. from Connecticut (Mr. BLUMENTHAL) AMENDMENT NO. 4921 S. 3031 were added as cosponsors of S. Res. 504, At the request of Mr. LEE, the name At the request of Mr. MURPHY, the a resolution recognizing the 70th anni- of the Senator from Kentucky (Mr. name of the Senator from California versary of the Fulbright Program. PAUL) was added as a cosponsor of (Mrs. FEINSTEIN) was added as a co- AMENDMENT NO. 4875 amendment No. 4921 intended to be pro- sponsor of S. 3031, a bill to require cer- At the request of Mr. SCHUMER, the posed to S. 2328, a bill to reauthorize tain standards and enforcement provi- name of the Senator from Connecticut and amend the National Sea Grant Col- sions to prevent child abuse and ne- (Mr. BLUMENTHAL) was added as a co- lege Program Act, and for other pur- glect in residential programs, and for sponsor of amendment No. 4875 in- poses. other purposes. tended to be proposed to S. 2328, a bill AMENDMENT NO. 4923 S. 3060 to reauthorize and amend the National At the request of Mr. LEE, the name At the request of Mr. GRASSLEY, the Sea Grant College Program Act, and of the Senator from Kentucky (Mr. name of the Senator from New Hamp- for other purposes. PAUL) was added as a cosponsor of shire (Ms. AYOTTE) was added as a co- AMENDMENT NO. 4900 amendment No. 4923 intended to be pro- sponsor of S. 3060, a bill to provide an At the request of Mr. MENENDEZ, the posed to S. 2328, a bill to reauthorize exception from certain group health name of the Senator from Massachu- and amend the National Sea Grant Col- plan requirements for qualified small setts (Ms. WARREN) was added as a co- lege Program Act, and for other pur- employer health reimbursement ar- sponsor of amendment No. 4900 in- poses. rangements. tended to be proposed to S. 2328, a bill f S. 3083 to reauthorize and amend the National STATEMENTS ON INTRODUCED Sea Grant College Program Act, and At the request of Mr. MENENDEZ, the BILLS AND JOINT RESOLUTIONS names of the Senator from Idaho (Mr. for other purposes. CRAPO) and the Senator from Virginia AMENDMENT NO. 4904 By Mr. VITTER: (Mr. WARNER) were added as cosponsors At the request of Mr. MENENDEZ, the S. 3120. A bill to apply the provisions of S. 3083, a bill to provide housing op- name of the Senator from Massachu- of the Patient Protection and Afford- portunities in the United States setts (Ms. WARREN) was added as a co- able Care Act to Congressional mem- through modernization of various hous- sponsor of amendment No. 4904 in- bers and members of the executive ing programs, and for other purposes. tended to be proposed to S. 2328, a bill branch; to the Committee on Homeland Security and Governmental Affairs. S. 3095 to reauthorize and amend the National Mr. VITTER. Mr. President, I rise At the request of Mr. BOOKER, the Sea Grant College Program Act, and today to discuss a really outrageous names of the Senator from Rhode Is- for other purposes. abuse of power on the part of Members land (Mr. WHITEHOUSE) and the Senator AMENDMENT NO. 4909 of this body, Members of the House, from Mississippi (Mr. WICKER) were At the request of Mr. MENENDEZ, the Washington officials in general. While added as cosponsors of S. 3095, a bill to name of the Senator from Massachu- imposing ObamaCare on everyone else, prohibit sale of shark fins and for other setts (Ms. WARREN) was added as a co- officials in Washington have largely purposes. sponsor of amendment No. 4909 in- exempted themselves from S. 3106 tended to be proposed to S. 2328, a bill ObamaCare’s most inconvenient as- At the request of Mr. REID, the to reauthorize and amend the National pects through yet another illegal names of the Senator from Minnesota Sea Grant College Program Act, and Obama Executive action that created (Mr. FRANKEN) and the Senator from for other purposes. the Washington exemption from North Dakota (Ms. HEITKAMP) were AMENDMENT NO. 4911 ObamaCare. added as cosponsors of S. 3106, a bill to At the request of Mr. MENENDEZ, the Unfortunately, this is not a new provide a coordinated regional re- name of the Senator from Massachu- practice on the part of the Washington sponse to effectively manage the en- setts (Mr. MARKEY) was added as a co- elite. Washington lawmakers often cre- demic violence and humanitarian crisis sponsor of amendment No. 4911 in- ate or support exemptions for them- in El Salvador, Guatemala, and Hon- tended to be proposed to S. 2328, a bill selves from the laws they pass on ev- duras. to reauthorize and amend the National eryone else. This undemocratic prac- S.J. RES. 35 Sea Grant College Program Act, and tice dates back to the 19th century at At the request of Mr. FLAKE, the for other purposes. least—the Civil Service Act of 1883; the names of the Senator from Oklahoma AMENDMENT NO. 4918 Fair Labor Standards Act of 1938, com- (Mr. INHOFE), the Senator from Mis- At the request of Mr. LEE, the name ing into the 20th century; the Freedom sissippi (Mr. WICKER), the Senator from of the Senator from Kentucky (Mr. of Information Act of 1966. The list Tennessee (Mr. CORKER), the Senator PAUL) was added as a cosponsor of goes on and on. from Arkansas (Mr. COTTON) and the amendment No. 4918 intended to be pro- As the late Representative Henry Senator from Utah (Mr. LEE) were posed to S. 2328, a bill to reauthorize Hyde is famously quoted as saying

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.028 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4726 CONGRESSIONAL RECORD — SENATE June 29, 2016 many years ago, ‘‘Congress would ex- health insurance coverage through the Vice President, each Member of Con- empt itself from the law of gravity if it Federal Employees Health Benefits gress, each political appointee, and could.’’ That is sadly true, and this Program, or the FEHBP, run by the Of- each congressional employee, but it practice must end. fice of Personnel Management. It had also permitted Federal employees to I have always believed the first rule served as the health care network for continue receiving the employer-gov- of an American democracy should be Federal workers since 1959. ernment contributions like those re- that whatever Washington passes on In 2013 alone, FEHBP represented the ceived under FEHBP. However, the America, it should have to live under country’s largest employer-sponsored Senate never voted on that language, itself—no special exemptions, no spe- health insurance program, with costs on that Grassley amendment, before cial subsidies, no special deals, no spe- approaching $32.4 billion in premiums ObamaCare became law. Even more cial treatment. This rule is important for about 8 million enrollees. One of telling, even more significant, after for two reasons. The first reason is the benefits of FEHBP was the wide va- ObamaCare became law, Senator basic fairness. It is simply not fair for riety of health insurance policies that GRASSLEY again offered that language. a select group of elites to live by a dif- provided coverage for individuals and He got a vote then, and that language ferent and more beneficial set of rules their family members. Even more im- was defeated in the Senate 56 to 43. than everyone else. The second reason, portant was that FEHBP provided a The final Obama language very clear- perhaps even more importantly, is a taxpayer-funded government contribu- ly states Members of Congress must key practical reason; that is, when you tion to each enrollee’s monthly pre- purchase their health insurance on a make the chef eat his own cooking, it mium. State-based or Federal exchange, and it almost always gets better and often in In 2013 alone, the maximum FEHBP has absolutely no provision for a rich, a hurry. Congress can be an effective, averaged $413 a month or almost $5,000 taxpayer-funded subsidy. That is why I responsive, truly representative legis- per year for individual coverage, and followed that law. I personally signed lative body only when it lives under $920 a month or over $10,000 a year for up for health insurance on Louisiana’s the same laws it imposes on the rest of family coverage. individual health care exchange. It the country. An added bonus was that these tax- definitely costs me more money, and it Passing ObamaCare, the Patient Pro- payer-funded contributions counted as definitely costs my family more tection and Affordable Care Act, was a tax-free income to employees. This is money, but that is what the law says huge, complicated undertaking on the certainly a great benefit for Federal we have to do. As millions of Americans face the part of its advocates. Related to that, employees, and I absolutely believe it was certainly telling when then- possibility of losing the health insur- they should be treated fairly in return ance they had that they liked and Speaker of the House NANCY PELOSI no- for the public service they provide. I toriously declared: ‘‘We have to pass wanted to keep, as I mentioned a few also believe Congress has to follow the minutes ago, Members of Congress the bill so we can find out what is in law as written, and that is when we get it.’’ After passing the bill, when Mem- faced increased expenses on their own to ObamaCare. personal new health insurance plans. bers of Congress realized what was in it ObamaCare very clearly and specifi- for them, they scurried to figure out a Which of these two problems do you cally changed all of this. It mandated think Congress scrambled to solve? scheme that would protect their own that Members of Congress and congres- elite health care, including taxpayer- You guessed it—their own; not all of sional staff give up that FEHBP cov- America’s problems, the Washington funded subsidies that don’t exist in the erage beginning January 1, 2014, and ObamaCare statute at all, much less elite’s problems. They made a deter- join an ObamaCare health insurance mined effort to find a way to protect for anyone else. exchange. The relevant section of the Of course, there were even more seri- themselves, and sadly this was a fully act is crystal clear. It says: ‘‘Notwith- ous problems in the ObamaCare statute bipartisan, bicameral effort that ulti- standing any other provisions of law, for all Americans. When President mately led to Washington’s exemption after the effective date of this subtitle, Obama signed ObamaCare into law in from ObamaCare. the only health plans that the Federal March of 2010, it consisted of poorly With the January 1, 2014, deadline Government may make available to written language that imposed drastic quickly approaching for Congress to and unwanted health insurance Members of Congress and congressional give up its FEHBP benefits, congres- changes on countless Americans. De- staff with respect to their services as a sional leadership scrambled for a solu- spite the President’s promise that Member of Congress or congressional tion. Press reports at the time indi- Americans could keep their existing in- staff shall be health plans that are—(I) cated that top lawmakers initiated surance, the law said otherwise. The created under this Act (or an amend- confidential talks with Obama admin- cost of complying or failing to comply ment made by this Act); or (II) offered istration officials to carve out a suit- with ObamaCare belied the President’s through an Exchange established under able exemption from ObamaCare. false assurances. this Act (or an amendment made by After extended closed-door delibera- In the following months, insurers and this Act).’’ tions, a proposal emerged that involved employers and Americans realized this It changed our entire coverage, clear- using OPM, the Office of Personnel through the cancellation or non- ly, unequivocally. The word ‘‘notwith- Management, to promulgate a special renewals of insurance plans for mil- standing’’ means ‘‘in spite of,’’ sweep- agency rule that only applied to Con- lions of Americans. Ultimately, mil- ing aside any other provision of law. It gress. During the rulemaking process, lions of American workers faced bur- definitively dictates that section OPM admitted that ‘‘many com- dens, including losing their individual 1312(d)(3)(D) takes precedence over any menters expressed their view that a and employer-provided coverage, being other conflicting provision in the bill Government contribution is antithet- forced into alternatives that involved or anywhere in the code. Some folks ical to the intent of Section 1312 of the paying higher premiums with un- may not like that, but that is the law. Affordable Care Act, which they inter- wanted or useless new coverage, and That became the law, clearly and un- pret to require Members of Congress having to change doctors and health equivocally, when ObamaCare was and congressional staff to purchase the care providers against their will. passed into law. same health insurance available to pri- As I said earlier, simultaneous with It didn’t have to be exactly that way. vate citizens on the Exchanges. Com- all of this, Members of Congress start- For instance, Senator CHUCK GRASSLEY menters asserted that Members of Con- ed to realize what was in ObamaCare introduced an amendment during de- gress and congressional staff should be for them. When they passed bate on the ObamaCare bill that would subject to the same requirements as ObamaCare, they had revoked have changed this final language re- citizens purchasing insurance on the Congress’s own generous health care garding how ObamaCare impacts Con- Exchanges, including individual re- coverage and the monthly employer gress. The Grassley amendment clearly sponsibility for premiums and income government premium contributions described which Federal employees restrictions for premium assistance.’’ that went with it. were subject to the law and must enroll That was in Politico, and I certainly Prior to ObamaCare, Members of on the new exchanges. That wasn’t dif- agree with the sentiment. That is what Congress and their staff received ferent. It included the President, the ObamaCare and the statute said.

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.038 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4727 Members of Congress should abso- poses of this ObamaCare provision. neous number of full-time equivalent lutely live under the laws they pass. That is outrageous. employees—45—just under the max- Unfortunately, though, under this clev- In 2014, when all of this went into ef- imum allowed of 50. They contain the erly hatched scheme, OPM disregarded fect, I served as the ranking member exact same false employee name and these comments and moved forward on the Senate EPW Committee. I cer- birth date information. They use ex- with its insider rule. Through illegal tainly considered all of my staff, in- actly the same false employer classi- executive action—an executive action cluding committee staff, to be official fication, State and local government. contrary to the ObamaCare statute— government employees. It is obvious The coordinated effort shown on both the final OPM rule in effect declared they were. I made sure they were all applications likely originated from the Congress to be a small business so that designated as official and had to go to same source who either personally Members of Congress and staff could the exchanges. When I took over as completed them or gave instructions to purchase plans on DC’s small business chairman of the Small Business Com- others on how to complete them. exchange explicitly reserved under the mittee last year, I again absolutely did Knowingly filing false information on a ObamaCare statute for small busi- the right thing and designated my government document is illegal. No le- nesses of 50 employees or fewer. This committee staff, as well as my per- gitimate private business would be able rule also permitted the Washington in- sonal staff, as official. They clearly are to get away with this—what Congress siders to receive a generous employer official. did to gain access to this DC small contribution toward their premiums Let’s go back to the OPM rule. In business exchange—without facing se- that is not noted anywhere in the order for U.S. House and Senate Mem- rious penalties and serious adverse con- ObamaCare statute. bers and staff to enroll in this DC small sequences. OPM’s final rule did two things: business exchange, the Senate and the Maybe even more concerning than First, it allowed all Members of Con- House of Representatives had to sub- the information we see on these appli- gress and staff to purchase insurance mit online applications. In September cations is the information we don’t see on this DC small business exchange 2014, Judicial Watch, a government because much of the documents Judi- created for small businesses. It was watchdog organization, asked for and cial Watch obtained—much of the in- clearly created for businesses with 50 eventually received several documents formation was redacted and blacked employees or fewer. Second, it made from the DC Health Benefits Exchange out. Redactions are a tool generally sure that the small employer contribu- Authority in response to their Freedom used to protect an individual’s personal tion would be equal to Congress’s pre- of Information Act request related to or confidential information. In this viously acquired FEHBP contributions. Congress receiving benefits under this case, the redactions intentionally es- With OPM’s final rule, Members of DC small business exchange. The docu- tablished additional obstacles for those Congress and congressional staff would ments included nine pages of applica- seeking transparency and account- not have to pay any extra out-of-pock- tions completed and submitted online ability regarding Congress’s action. In et expenses like so many millions on for U.S. House and Senate Members other words, they just hide exactly who the ObamaCare exchanges had to pay. and for House staff to enroll on that DC was responsible for submitting these I guess this is great news for Con- small business exchange. blatantly false applications. The re- gress, but there are major problems If the House and Senate completed dacted applications are really a star- with this final rule that make it just the online applications with truthful tling illustration of the extent to flatout wrong and flatout illegal and information, they would have been which Congress is willing to go in order contrary to the ObamaCare statute. automatically rejected on the com- to protect itself and its special perks The first thing that makes it flatout puter by the DC exchange software sys- and privileges. wrong is that it was specific to Mem- tem based on employee size and other As chairman of the Small Business bers of Congress and congressional prohibitive factors. What happened? Committee, I am authorized to inves- staff—a solution for the Washington in- Well, as you can see, what was sub- tigate ‘‘all problems of American small siders when millions of Americans con- mitted were blatantly false applica- business enterprises.’’ For a large enti- tinued to suffer the serious negative tions—applications with completely ty like Congress to improperly take ad- consequences of ObamaCare. and blatantly false information. We vantage of systems in place that are Second, it suggested it pushed Con- have an example from the U.S. Senate. meant for small businesses is really gress into this DC small business ex- First, all of the applications state doubly insulting and within our juris- change when Congress is obviously not that each legislative body—the House diction. a small business and this exchange was on the one hand and the Senate on the On February 3, 2015, I sent a letter to created for the benefit of small busi- other—employed 45 full-time equiva- officials at the House of Representa- nesses. lent employees during the previous cal- tives, the Senate, and the DC exchange Third, the relevant statute in endar year. In order to get on this authority requesting information that ObamaCare says nothing about any small business exchange, they were included copies of the nine pages of the employer subsidy for members of staff, asked how many employees—the U.S. applications we talked about no taxpayer-funded subsidy, and yet House of Representatives, 45; the U.S. unredacted. We wanted all the informa- OPM’s rule created this out of thin air. Senate, 45. Here is the number right tion with nothing blacked out. A fourth problem is one of the most here on the application. It is blatantly, The Chief Administrative Officer for egregious examples of how big a scam obviously, and laughably false. the House of Representatives declined this rule is. Members of Congress actu- Second, all three applications include to respond based on the claim that the ally have the option to designate any blatantly false employee names and Senate Small Business Committee or all of their staff as ‘‘not official,’’ birth dates that were asked to be list- lacked jurisdiction to investigate ‘‘in- thus allowing the staff to stay on their ed. ternal operations of the House of Rep- old FEHBP plans to avoid the ex- Third, they falsified the category of resentatives.’’ changes altogether, which was the in- the U.S. House of Representatives and The clerk of the Senate Dispersing tent of that ObamaCare provision. This the U.S. Senate. Both Federal legisla- Office recited a background of the OPM completely frustrates the crystal-clear tive bodies were entitled as State or rule and nothing more. In other words, language of ObamaCare for those staff local government entities to squeeze they just stonewalled. members in a blatant way. Again, that onto this small business exchange. Finally, the DC Health Benefits Ex- problem is egregious and just under- It should be noted that the applica- change Authority refused to comply on scores how big a scam this rule is. tions submitted on behalf of the House the grounds that a pending lawsuit Those staff members use official tax- on the one hand and the Senate on the filed by Judicial Watch prevented it payer-funded resources. They get pay- other contain these three identical from doing so. In March of 2015, offi- checks funded by the taxpayer. It is of- misrepresentations. These identical cials from that authority agreed to ficial. They use official letterhead, offi- false statements are evidence of a care- meet with my committee staff to dis- cial everything, official resources, but fully coordinated scheme. The two cuss producing the nine pages of appli- somehow they are not official for pur- forms allege exactly the same erro- cations in their original, unredacted

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.039 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4728 CONGRESSIONAL RECORD — SENATE June 29, 2016 form, but at the meeting, these offi- ‘‘applicable large employers,’’ the defi- Her failure to revoke the illegal rule cials flatly refused to produce this, cit- nition of which is 50 or more full-time as well as her failure to disclose rel- ing new privacy concerns. employees, to report information of of- evant information about the rule- Followup correspondence with all fers of health coverage and enrollment making process allows OPM’s illegal three entities again yielded non- in health coverage for their employees. rule to remain in place. This, in turn, responses—basically more So it demands this form, and every- allows Congress to continue to pur- stonewalling. body in the Senate and everybody in chase health insurance on DC’s small During this time, I also sent three the House got this form. business exchange and to continue to letters to then-OPM Director Kath- Now, this IRS form, sent to all Mem- receive a generous and illegal em- erine Archuleta requesting all commu- bers and all staff, shows that every- ployer-contribution, taxpayer-funded nications between OPM and Members thing we are talking about—the lie subsidy. of Congress or officials at the White that enabled the Senate and the House My objective today remains what it House regarding the final OPM rule. to get on the DC small business ex- has been for the last several years, and OPM failed to provide any of that in- change—was just that. It was a lie. It that is to flat out end Washington’s ex- formation. contradicts everything that was rep- emption from ObamaCare. So I won’t The only viable option I could see to resented in that category. The Senate lift my hold on this nomination until move forward with my investigation Disbursing Office submitted an applica- we do that, until my colleagues have was compulsory means through the tion that said the Senate has 45 total joined me in following the law, until issuance of a subpoena to the DC employees to the DC small business ex- OPM overturns its illegal rule—some- Health Benefits Exchange Authority to change, but the same Senate Dis- thing of that sort. Yes, it is more ex- get the nine pages of applications in bursing Office distributed an IRS form pensive to purchase my health insur- their original form, unredacted, with- that labels the Senate a large employer ance on the exchange in Louisiana, but out protecting those responsible. In with over 50 employees. that is what the law dictates. order to issue a subpoena, committee So what is it? Well, it seems pretty I don’t believe this body will find the rules dictated that as chairman I would clear. The IRS form is accurate. Obvi- overall fix to ObamaCare until it truly need either the consent of the commit- ously, the Senate and the House are has to live under ObamaCare, and that tee’s ranking Democratic member or large employers. The OPM rule allows starts with no special Washington ex- the approval of a majority of the com- the Senate to fraudulently claim to be emption from ObamaCare—no special mittee members, which would be 10 a small business as part of this scam— deal, special rule, or special subsidy for members. Washington exemption from Congress. On April 23, 2015, I convened a com- ObamaCare. OPM promulgated a rule I don’t particularly care if we fix this mittee business meeting that included that allows the Senate to purchase administratively or legislatively. I deliberation and a vote on issuing that health insurance on a small business have certainly offered several legisla- subpoena. exchange. The law States that only tive solutions in the past, but my col- As it turns out, Members, regardless small employers may purchase that on leagues seem to be intent on protecting of party, are willing to go to great the exchange. The OPM rule just their special perk and status. lengths to protect their perks and tax- makes a mockery of the law and does Now, if it is not for themselves, many payer-funded subsidies, because the this to establish that Washington ex- say at least it is for their valued staff. motion to issue the subpoena failed by emption from ObamaCare. On that point, I am willing to com- This is a lot to take in and certainly a vote of 5 to 14, with five Republican promise. Every time a Member of Con- very confusing. That is why I asked the Members—just the necessary number gress objects to my past proposals, head of the IRS and the acting head of to stop the subpoena—joining all of the they always talk about staff. We all OPM to clarify this. I wrote to IRS committee’s Democrats to block the value staff. I get that. Certainly, I Commissioner Koskinen in February: subpoena. agree with that sentiment. So I am ‘‘Can you confirm that the United Now, it is no surprise to anybody who willing to take staff out of it. That is States Congress’’—the House and the knows me that we didn’t stop there, a distraction to this debate. that the committee investigation and Senate—‘‘is a large employer?’’ Apparently, my pretty simple ques- I am going to offer Members to take the work didn’t stop there. tion didn’t have a simple answer. The ownership and eat their own cooking— In February of this year, when the IRS responded that they had forwarded live by the ObamaCare statute, be Senate Committee on Homeland Secu- my question up the chain of command treated as millions of other Americans rity and Governmental Affairs con- to the Department of the Treasury, and are, and go to the ObamaCare ex- ducted a hearing on the President’s I still await Treasury’s answer from changes with no special exemption, no nomination of Beth Cobert to become February. special subsidy, no special deal, no spe- the permanent OPM Director, I again I also asked OPM Acting Director cial rule. became engaged over this issue. In my Cobert: ‘‘Can you confirm the position We could start today and, by holding numerous attempts to engage OPM in of the OPM as to whether Congress is a Congress accountable, accept that im- an honest conversation about how small business . . . or is it a ‘Large portant victory and, certainly, release their final rule came to be, I never re- Employer’ as indicated by the 1095C my hold on Ms. Cobert’s nomination. ceived any meaningful response. So I forms sent to Congressional employ- With that end in mind, I have here a followed up with a letter to Ms. Cobert, ees?’’ new bill focused on Members of Con- who is serving as OPM’s Acting Direc- OPM’s response was this: ‘‘OPM does gress, the President, and the Vice tor. While her office did provide some not take the position that Congress is President to end their special exemp- useful information, her response large- a small employer, nor has OPM taken tion from ObamaCare, and I will be for- ly failed to answer my questions. such a position in the past. Nothing in mally introducing this legislation to- It is interesting that while all of this the proposed or final rule indicates night. It is simply wrong for Wash- was going on, at the same time, every- that Congress shall be considered a ington insiders to carve out loopholes one employed by Congress received a small employer. . . . ’’ for themselves in order to avoid living form from the IRS. It is called form Well, why the heck is Congress in a under the laws Congress passes for the 1095–C. Excuse me. It is an IRS form. It small business exchange limited under rest of America. This new bill, again, comes, in the case of the Senate em- statute to 50 or fewer employees? will cover Members of Congress, the ployees, from the Senate Disbursing It is then when I decided to place a President, the Vice President—not Office, and it confirms the obvious: hold on Ms. Cobert’s nomination to be- staff. We should do that as a minimum that people who work in the Senate— come permanent OPM Director, and I first step to live under the laws Con- Members, staff—and people who work continue to block that nomination be- gress passes on the rest of the country in the House—Members, staff—are em- cause of OPM and her clear role in this and live under the ObamaCare statute ployed by a large employer. flagrant abuse of power regarding as it exists today. As the Presiding Officer may know, Washington’s exemption from Now is the time for action. So I urge the Internal Revenue Code requires ObamaCare. my colleagues to join me in taking this

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.039 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4729 first step toward restoring the public’s pared for life after prison, which will in Whereas Singapore and the United States confidence in this body and the impar- turn make them less likely to established formal diplomatic relations in tial rule of law. It is time to end the recidivate. This bill would give return- 1966; scam that is Washington’s exemption ing citizens the tools they need to suc- Whereas under the leadership of its first cessfully reintegrate into their com- Prime Minister Lee Kuan Yew, Singapore be- from ObamaCare. came an early and continued supporter of munities. the United States’ engagement in Asia to By Mr. SCHATZ (for himself, Mr. Last week, President Barack Obama safeguard the peace, stability, and prosperity DURBIN, Mr. WHITEHOUSE, Mr. announced a $30 million Second Chance of the region; SANDERS, Mr. MARKEY, Mr. Pell Grant pilot program. This pro- Whereas in 2004 the United States and MERKLEY, Mrs. GILLIBRAND, Mr. gram will expand access to Pell Grants Singapore implemented the U.S.-Singapore FRANKEN, Mr. BOOKER, and Mr. for over 12,000 incarcerated students at Free Trade Agreement, the first bilateral CARDIN): 141 State and Federal institutions. trade agreement between the United States S. 3122. A bill to reinstate Federal However, the president’s Second and an Asian country; Pell Grant eligibility for individuals Chance Pell Grant pilot program does Whereas Singapore and the United States incarcerated in Federal and State not extend to all incarcerated people are major trading partners, with penal institutions, and for other pur- nor does it codify this policy into law. $64,000,000,000 in bilateral goods and services trade in 2014, and a United States trade sur- poses; to the Committee on Health, By building on the president’s work, plus in both goods and services; Education, Labor, and Pensions. the REAL Act would codify into law Whereas Singapore provided the United Mr. BOOKER. Mr. President, I rise that prisoners are eligible for Pell States access to its military facilities today to support the introduction of Grants. through a 1990 Memorandum of Under- the Restoring Education and Learning Our criminal justice system is bro- standing, supporting the continued security Act of 2016, REAL Act, legislation to ken. We lead the globe in the number presence of the United States in Southeast improve our justice system by rein- of people we incarcerate and we waste Asia; stating Pell Grant eligibility for people billions and billions of dollars locking Whereas the United States and Singapore in State and Federal prisons. I thank up human potential. Passing the REAL concluded a Strategic Framework Agree- Act would reduce staggeringly high re- ment in 2005, which recognizes Singapore as Senator SCHATZ for his leadership on a ‘‘Major Security Cooperation Partner of this issue, and I am proud to be an cidivism rates because we know indi- the United States’’; original cosponsor of this critical bill. viduals with college degrees are less Whereas the United States and Singapore In 1965, President Lyndon Johnson likely to commit crimes. Additionally, signed an enhanced Defense Cooperation signed into law the Higher Education today, more than ever, it is clear that Agreement in 2015, expanding dialogue and Act of 1965, legislation that created the obtaining a college degree has become cooperation in areas such as humanitarian Federal Pell Grant program. Pell essential to obtaining employment—a assistance, disaster relief, cyber defense, bio- Grants are the single largest source of key element in reducing recidivism security, and public communications; rates. Whereas Singapore facilitates the rota- Federal aid that supports under- tional deployment of United States Navy graduate students. Because Pell Grants By precluding so many people from taking college classes, we are not only Littoral Combat Ships at its Changi Naval are need-based, they primarily go to Base; students from low-income families. hurting those who are behind bars, but Whereas the United States currently hosts When Congress created the Pell we are hurting ourselves. There is an 4 Republic of Singapore Air Force training Grant program its intent was clear—to old African saying that if you want to detachments, comprising the Republic of expand access to higher education for go fast go alone, but if you want to go Singapore Air Force’s F–15SG and F–16 fight- students with limited resources. By far go together. This bill will help so er jets, and Apache and Chinook helicopters, at bases in Arizona, Idaho, and Texas; creating Pell Grants, Congress sent an many Americans get on the right path and turn their lives around. This bill Whereas the U.S.-Singapore Third Country unmistakable message that our coun- Training Program, established in 2012 and re- try’s most valuable resource is the ge- would make us all stronger. I am proud to be an original cospon- newed in 2015, provides regional technical nius and talent of our people. In an in- sor of the REAL Act. I urge my col- and capacity-building assistance in a wide creasingly competitive global econ- variety of areas to assist recipient countries leagues to support this bill, and I urge omy, investing in the education of all in reaching their development goals; its speedy passage in the Senate. Americans—young and old—helps bol- Whereas Singapore was a founding member ster our country’s leadership. f of the Association of South East Asian Na- Unfortunately, far too many Ameri- tions (ASEAN) in 1967 and remains a key SUBMITTED RESOLUTIONS partner of the United States in ASEAN-led cans are not eligible to receive Pell mechanisms such as the East Asia Summit, Grants simply because they are behind ASEAN Regional Forum and the ASEAN De- bars. In 1994, the Violent Crime Control SENATE RESOLUTION 515—WEL- fense Ministers’ Meeting Plus; and Law Enforcement Act completely COMING PRIME MINISTER LEE Whereas Singapore will be home to a U.S.- eliminated Pell Grant eligibility for HSIEN-LOONG TO THE UNITED ASEAN Connect Center, an initiative an- people who are incarcerated in State STATES AND REAFFIRMING nounced at the U.S.-ASEAN summit in Feb- and Federal correctional institutions. SINGAPORE’S STRATEGIC PART- ruary 2016 to facilitate U.S.-ASEAN engage- This is flawed policy. Rather than en- NERSHIP WITH THE UNITED ment and cooperation on energy, innovation, and entrepreneurship; hance public safety, this policy change STATES, ENCOMPASSING BROAD AND ROBUST ECONOMIC, MILI- Whereas Singapore has played a critical has made our communities less safe role in enhancing shared maritime domain and has destroyed the potential of so TARY-TO-MILITARY, LAW EN- awareness in Southeast Asia through the es- many Americans who deserve a second FORCEMENT, AND COUNTERTER- tablishment of the Republic of Singapore chance. It is time we end this failed RORISM COOPERATION Navy’s Information Fusion Center, to facili- policy of the past. It is time we work Mr. CARDIN (for himself and Mr. tate information-sharing and collaboration to rebuild these broken individuals and GARDNER) submitted the following res- with partners, including the United States, allow them to acquire the skills they olution; which was referred to the against maritime security threats, and through the deployment of United States need to become contributing members Committee on Foreign Relations: aircraft at Paya Lebar Air Base; of our society. S. RES. 515 Whereas Singapore has been a cybersecu- Today, I am proud to join with Sen- Whereas in August 2016, as we commemo- rity leader in Southeast Asia, through the ator SCHATZ in introducing the REAL rate 50 years of diplomatic relations between unified Cyber Security Agency, as the con- Act. This criminal justice reform bill the United States and the Republic of Singa- vener of the annual ASEAN CERT Incident would restore Pell Grant eligibility for pore, Prime Minister Lee Hsien-Loong of Drill, and as host of the INTERPOL Global Americans who are in state or Federal Singapore will make an official visit to the Complex for Innovation; Prison. This is important because if we United States, including a State dinner on Whereas Singapore was the first Southeast August 2nd; Asian country to join the Global Coalition to truly want to reform our broken crimi- Whereas the Republic of Singapore became Counter ISIL in November 2014, and has con- nal justice system, we need to allow in- independent on August 9, 1965, and the tributed an air refueling tanker, imagery carcerated people to engage in activi- United States recognized Singapore’s state- analysis teams, and planning and liaison of- ties that will make them more pre- hood in the same year; ficers;

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.040 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4730 CONGRESSIONAL RECORD — SENATE June 29, 2016 Whereas Singapore has supported counter- ognized as the Naismith Women’s Collegiate Whereas African-American men suffer terrorism efforts, through the sharing of do- Coach of the Century in 2000; from a prostate cancer incidence rate that is mestic practices, participating in the White Whereas Pat Summitt won the Gold Medal significantly higher than that of White men House Summit on Countering Violent Extre- in the 1984 Summer Olympics as the head and have double the prostate cancer mor- mism in February 2015, and hosting the East coach of the United States women’s national tality rate than that of White men; Asia Summit Symposium on Religious Reha- basketball team; Whereas having a father or brother with bilitation and Social Reintegration in April Whereas the last team at the University of prostate cancer more than doubles the risk 2015: Tennessee that Pat Summitt coached fin- of a man developing prostate cancer, with a Now, therefore, be it ished the season with an overall record of 27– higher risk for men who have a brother with Resolved, That the Senate— 9, winning a Southeastern Conference Tour- the disease and the highest risk for men with (1) welcomes Prime Minister Lee Hsien- nament Championship and earning a spot in several affected relatives, particularly if the Loong of Singapore for his official visit to the Elite Eight in the NCAA Women’s Divi- relatives were young at the time that the the United States and State Dinner on Au- sion I Basketball Championship in Iowa; cancer was found; gust 2nd, as the United States and Singapore Whereas Pat Summitt, who had more wins Whereas screening by a digital rectal ex- commemorate the 50th anniversary of the than any other basketball coach, male or fe- amination and a prostate-specific antigen Singapore-United States bilateral diplomatic male, in NCAA history, concluded her coach- blood test can detect the disease at the ear- relationship that has served as an anchor for ing career after 38 seasons at the University lier, more treatable stages, which could in- the United States in Asia; of Tennessee on April 18, 2012; crease the chances of survival for more than (2) affirms the importance of the United Whereas Pat Summitt also worked off the 5 years to nearly 100 percent; States-Singapore strategic partnership in se- court, holding a graduation record of 100 per- Whereas only 28 percent of men survive curing regional peace and stability, includ- cent for all members of the University of more than 5 years if diagnosed with prostate ing through rotational basing and logistical Tennessee women’s basketball team who cancer after the cancer has metastasized; support arrangements that enhance the completed their eligibility at the University Whereas there are no noticeable symptoms United States’ presence in Southeast Asia; of Tennessee during Coach Summitt’s ten- of prostate cancer in the early stages, mak- (3) applauds the Republic of Singapore’s ure; ing appropriate screening critical; leadership in counterterrorism, including Whereas Pat Summitt announced on Au- Whereas, in fiscal year 2015, the Director of the deployment of military assets as part of gust 23, 2011, that she had been diagnosed the National Institutes of Health supported the anti-ISIL coalition and innovative with early onset dementia, Alzheimer’s type; approximately $288,000,000 in research counterterrorism efforts within the Asia-Pa- Whereas later in November 2011, Coach projects that focus specifically on prostate cific region; Summitt announced the Pat Summitt Foun- cancer; (4) anticipates the deepening of the secu- dation, which helps provide funding and re- Whereas ongoing research promises further rity relationship following the signing of an search for Alzheimer’s disease and dementia; improvements in prostate cancer prevention, enhanced Defense Cooperation Agreement in and early detection, and treatment; and Washington on December 7, 2015, and wel- Whereas, on May 29, 2012, President Barack Whereas educating people in the United comes further cooperation in areas such as Obama awarded the Presidential Medal of States, including health care providers, cybersecurity, humanitarian assistance and Freedom, the highest civilian honor of the about prostate cancer and early detection disaster relief, and defense technology; United States, to Pat Summitt for her re- strategies is crucial to saving the lives of (5) recognizes the vitality of the bilateral markable career as an unparalleled figure in men and preserving and protecting families: trade and investment relationship between women’s team sports and for her courage in Now, therefore, be it Resolved, That the Senate— the United States and Singapore; speaking out openly and courageously about (1) designates September 2016 as ‘‘National (6) supports continued close cooperation her battle with early onset dementia, Alz- Prostate Cancer Awareness Month’’; between the United States and Singapore, heimer’s type: Now, therefore, be it Resolved, That— (2) declares that steps should be taken— through bilateral initiatives such as the (1) the Senate has heard with profound sor- (A) to raise awareness about the impor- U.S.-Singapore Third Country Training Pro- row and deep regret the announcement of the tance of screening methods for, and treat- gram, and multilateral initiatives such as death of Pat Summitt, head coach emeritus ment of, prostate cancer; U.S.-ASEAN Connect announced at the re- of the University of Tennessee women’s bas- (B) to encourage research— cent U.S.-ASEAN Summit in Sunnylands, to ketball team; and (i) to improve screening and treatment for build capacity for commercial engagement, (2) the Senate instructs the Secretary of prostate cancer; energy development, innovation, trade facili- the Senate communicate these resolutions to (ii) to discover the causes of prostate can- tation, and to achieve development goals in the House of Representatives and transmit cer; and the Asia-Pacific region; and an enrolled copy thereof to the family of the (iii) to develop a cure for prostate cancer; (7) urges the President to continue United deceased. and States’ support of multilateral institutions (C) to continue to consider ways to im- and fora such as the Asia-Pacific Economic f prove access to, and the quality of, health Cooperation, East Asia Summit, ASEAN Re- SENATE RESOLUTION 517—DESIG- care services for detecting and treating pros- gional Forum, and the ASEAN Defense Min- NATING SEPTEMBER 2016 AS tate cancer; and isters’ Meeting Plus, working in close co- (3) calls on the people of the United States, operation with partners, such as the Repub- ‘‘NATIONAL PROSTATE CANCER interest groups, and affected persons— lic of Singapore, who share a commitment to AWARENESS MONTH’’ (A) to promote awareness of prostate can- an inclusive, rules-based regional architec- Mr. SESSIONS (for himself, Mr. cer; ture. SHELBY, Mr. VITTER, Mr. MORAN, Mr. (B) to take an active role in the fight to f CARDIN, Mr. BLUNT, Mr. MENENDEZ, end the devastating effects of prostate can- Mrs. BOXER, Mr. DAINES, Ms. WARREN, cer on individuals, families, and the econ- SENATE RESOLUTION 516—REL- Mr. BOOKER, Ms. AYOTTE, and Mr. GRA- omy; and ATIVE TO THE DEATH OF PAT HAM) submitted the following resolu- (C) to observe National Prostate Cancer SUMMITT, HEAD COACH EMER- tion; which was considered and agreed Awareness Month with appropriate cere- ITUS OF THE UNIVERSITY OF to: monies and activities. TENNESSEE WOMEN’S BASKET- S. RES. 517 f BALL TEAM Whereas over 2,900,000 families in the SENATE RESOLUTION 518—DESIG- Mr. ALEXANDER (for himself, Mr. United States live with prostate cancer; NATING JULY 23, 2016, AS ‘‘NA- CORKER, and Ms. MIKULSKI) submitted Whereas 1 in 7 men in the United States TIONAL DAY OF THE AMERICAN the following resolution; which was will be diagnosed with prostate cancer in COWBOY’’ considered and agreed to: their lifetimes; Whereas prostate cancer is the most com- Mr. ENZI (for himself, Ms. HEITKAMP, S. RES. 516 monly diagnosed nonskin cancer and the sec- Mr. BARRASSO, Mr. REID, Mr. CRAPO, Whereas coaching was the great passion of ond-leading cause of cancer-related deaths Mr. TESTER, Mr. RISCH, Mr. UDALL, Mr. Pat Summitt’s life and was an opportunity among men in the United States; INHOFE, Mr. HEINRICH, Mr. ROUNDS, Mr. for her to work with student-athletes, help Whereas the National Cancer Institute es- MERKLEY, Mr. THUNE, Mr. HOEVEN, Mr. student-athletes discover their true poten- timates that in 2016, 180,890 men will be diag- CORNYN, and Mr. LANKFORD) submitted tials, and change the lives of the young nosed with, and more than 26,120 men will the following resolution; which was women she coached; die of, prostate cancer; Whereas Pat Summitt won 8 National Col- Whereas 40 percent of newly diagnosed considered and agreed to: legiate Athletic Association (referred to in prostate cancer cases occur in men under the S. RES. 518 this preamble as the ‘‘NCAA’’) champion- age of 65; Whereas pioneering men and women, rec- ships, received National Coach of the Year Whereas the odds of developing prostate ognized as ‘‘cowboys’’, helped to establish honors 7 times over her career, and was rec- cancer rise rapidly after age 50; the American West;

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Whereas the cowboy embodies honesty, in- National Park Service and known as the SA 4939. Mr. MCCONNELL proposed an tegrity, courage, compassion, respect, a Natchez Trace Parkway; amendment to amendment SA 4938 proposed strong work ethic, and patriotism; Whereas Natchez was the original home to by Mr. MCCONNELL to the amendment SA Whereas the cowboy spirit exemplifies Jackson State University, which was first 4937 proposed by Mr. MCCONNELL to the bill strength of character, sound family values, known as Natchez Seminary; S. 764, supra. and good common sense; Whereas Natchez has been home to several SA 4940. Mrs. FISCHER (for herself, Mr. Whereas the cowboy archetype transcends notable individuals, including United States BOOKER, Mr. NELSON, Mr. THUNE, Mr. SUL- ethnicity, gender, geographic boundaries, Senator Hiram Rhodes Revels, United States LIVAN, Ms. CANTWELL, Mr. WICKER, and Mr. and political affiliations; Representative John R. Lynch, and author SCHATZ) proposed an amendment to the bill Whereas the cowboy, who lives off the land Richard Wright; S. 2829, to amend and enhance certain mari- and works to protect and enhance the envi- Whereas Natchez city events contribute to time programs of the Department of Trans- ronment, is an excellent steward of the land the cultural life and historical under- portation, and for other purposes. and its creatures; standing of Mississippi, including— SA 4941. Mr. MCCONNELL submitted an Whereas cowboy traditions have been a (1) the Natchez Literary and Cinema Cele- amendment intended to be proposed by him part of American culture for generations; bration; to the bill S. 764, to reauthorize and amend Whereas the cowboy continues to be an im- (2) the Natchez Festival of Music; the National Sea Grant College Program portant part of the economy through the (3) the Great Mississippi River Balloon Act, and for other purposes; which was or- work of many thousands of ranchers across Race; and dered to lie on the table. the United States who contribute to the eco- (4) the Natchez Pilgrimage; SA 4942. Mr. MCCONNELL submitted an nomic well-being of every State; amendment intended to be proposed by him Whereas the city of Natchez is currently to the bill S. 764, supra; which was ordered to Whereas millions of fans watch profes- holding a year-long tricentennial celebra- sional and working ranch rodeo events annu- lie on the table. tion, in honor of the history of Natchez, that SA 4943. Mr. MCCONNELL submitted an ally, making rodeo one of the most-watched will end with a 300th birthday party on Au- amendment intended to be proposed by him sports in the United States; gust 3, 2016; to the bill S. 764, supra; which was ordered to Whereas membership and participation in Whereas the heritage and educational lie on the table. rodeo and other organizations that promote events during the tricentennial celebration SA 4944. Mr. MCCONNELL submitted an and encompass the livelihood of cowboys will be observed by delegations from France amendment intended to be proposed by him span every generation and transcend race and Canada; to the bill S. 764, supra; which was ordered to and gender; Whereas Natchez is signified nationally as lie on the table. Whereas the cowboy is a central figure in the oldest European-built city on the lower SA 4945. Mr. MCCONNELL submitted an literature, film, and music and occupies a Mississippi River; and amendment intended to be proposed by him central place in the public imagination; Whereas it is important for the people of to the bill S. 764, supra; which was ordered to Whereas the cowboy is an American icon; Mississippi and the United States to remem- lie on the table. and ber history in an inclusive way that honors SA 4946. Mr. MCCONNELL submitted an Whereas the ongoing contributions made contributions from all backgrounds: Now, amendment intended to be proposed by him by cowboys and cowgirls to their commu- therefore, be it to the bill S. 764, supra; which was ordered to nities should be recognized and encouraged: Resolved, That the Senate— lie on the table. Now, therefore, be it (1) designates the year 2016 as the ‘‘Natchez f Resolved, That the Senate— Tricentennial’’; and (1) designates July 23, 2016, as ‘‘National (2) honors the history and founding of Mis- TEXT OF AMENDMENTS Day of the American Cowboy’’; and sissippi through the Natchez Tricentennial. SA 4929. Ms. WARREN submitted an (2) encourages the people of the United amendment intended to be proposed to States to observe the day with appropriate f ceremonies and activities. AMENDMENTS SUBMITTED AND amendment SA 4881 submitted by Ms. WARREN and intended to be proposed to f PROPOSED the bill S. 2328, to reauthorize and SENATE RESOLUTION 519—RECOG- SA 4929. Ms. WARREN submitted an amend the National Sea Grant College NIZING THE 300TH ANNIVERSARY amendment intended to be proposed to Program Act, and for other purposes; amendment SA 4881 submitted by Ms. WAR- AND HISTORICAL SIGNIFICANCE which was ordered to lie on the table; OF THE CITY OF NATCHEZ, MIS- REN and intended to be proposed to the bill S. 2328, to reauthorize and amend the Na- as follows: SISSIPPI tional Sea Grant College Program Act, and At the end, add the following: Mr. WICKER (for himself and Mr. for other purposes; which was ordered to lie (d) TECHNICAL CORRECTIONS.—Notwith- COCHRAN) submitted the following reso- on the table. standing any other provision of this Act— lution; which was considered and SA 4930. Mr. MCCONNELL submitted an (1) section 301 of this Act is amended— (A) in subsection (a), by striking ‘‘how- agreed to: amendment intended to be proposed by him to the bill S. 2328, supra; which was ordered ever,’’ and inserting ‘‘however the reference S. RES. 519 to lie on the table. to section 943(b) of title 11, United States Whereas American Indians made use of the SA 4931. Mr. MCCONNELL submitted an Code, in section 930(a)(5) of title 11, United land that is now Natchez, Mississippi (in this amendment intended to be proposed by him States Code, shall mean section 314 of this preamble referred to as ‘‘Natchez’’) before to the bill S. 2328, supra; which was ordered title, and’’; the first European explorers reached the to lie on the table. (B) in subsection (c)— area; SA 4932. Mr. PAUL submitted an amend- (i) in paragraph (3)(B), by inserting ‘‘such’’ Whereas the bluff in Natchez overlooking ment intended to be proposed by him to the after ‘‘vote’’; and the Mississippi River has served as a natural bill S. 2328, supra; which was ordered to lie (ii) in paragraph (4), by striking ‘‘and/or’’ geological setting that encouraged trade and on the table. and inserting ‘‘or’’; cultural development; SA 4933. Mr. PAUL submitted an amend- (C) in subsection (e), by striking ‘‘1122’’ and Whereas Natchez was founded as Fort Ro- ment intended to be proposed by him to the inserting ‘‘314(c)(1)’’; and salie by French settlers under Jean-Baptiste bill S. 2328, supra; which was ordered to lie (D) in section 302, by inserting ‘‘only’’ after Le Moyne De Bienville in 1716; on the table. ‘‘title’’; Whereas construction of Fort Rosalie was SA 4934. Mr. PAUL submitted an amend- (2) section 303 of this Act is amended— completed on August 3, 1716; ment intended to be proposed by him to the (A) in paragraph (2), by inserting ‘‘or mora- Whereas Fort Rosalie was destroyed by bill S. 2328, supra; which was ordered to lie torium’’ after ‘‘composition’’; and Natchez Indians in 1729 and rebuilt by the on the table. (B) in paragraph (3), by striking ‘‘unlaw- French in 1731; SA 4935. Mr. MCCONNELL (for Mr. ROB- ful’’; Whereas Natchez came under British con- ERTS) proposed an amendment to the bill S. (3) section 304 of this Act is amended— trol in 1763 and under Spanish control in 764, to reauthorize and amend the National (A) in subsection (a), by striking ‘‘vol- 1779; Sea Grant College Program Act, and for untary’’; Whereas the Treaty of San Lorenzo estab- other purposes. (B) in subsection (f), by striking ‘‘the cases lished Natchez as a United States territory SA 4936. Mr. MCCONNELL proposed an of’’; in 1798; amendment to amendment SA 4935 proposed (C) in subsection (g), by striking ‘‘, on be- Whereas Natchez served as the original by Mr. MCCONNELL (for Mr. ROBERTS) to the half of a debtor and one or more affiliates, capital of the Mississippi Territory from 1798 bill S. 764, supra. has filed separate cases and the Oversight to 1802 and as the original capital of the SA 4937. Mr. MCCONNELL proposed an Board, on behalf of the debtor or one of the State of Mississippi from 1817 to 1821; amendment to the bill S. 764, supra. affiliates,’’ and inserting ‘‘has filed separates Whereas Natchez is the terminus of the SA 4938. Mr. MCCONNELL proposed an cases on behalf of debtors that are affiliates historically significant Old Natchez Trace, amendment to amendment SA 4937 proposed and the Oversight Board on behalf of one or which is now preserved by the United States by Mr. MCCONNELL to the bill S. 764, supra. more of the debtors’’;

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Notwithstanding the time period des- tion’’ and insert ‘‘nothing in this title’’; graph (1)(B)’’ and inserting ‘‘paragraph (1)’’; ignated, such wage shall not continue in ef- (4) section 306 of this Act is amended— and fect after such Board terminates in accord- (A) in subsection (c), by inserting ‘‘, to the (D) in subsection (l), by striking ‘‘when ance with section 209 of such Act. extent permitted by the Constitution of the such payments become due during the length ‘‘(3) No employer may take any action to United States’’ after ‘‘entity’’; of the stay’’ and inserting ‘‘as and when such displace employees (including partial dis- (B) in subsection (d)(2), by inserting ‘‘or payments become due during the duration of placements such as reduction in hours, subsection (e) of this section,’’ before ‘‘or the stay’’; and wages, or employment benefits) for purposes by’’; (13) section 601 of this Act is amended— of hiring individuals at the wage authorized (C) in subsection (e)— (A) in subsection (a)(11)(B), by striking in paragraph (1) or (2). (i) in paragraph (2), by striking ‘‘in which ‘‘current accreted value’’ and all that follows ‘‘(4) Any employer who violates this sub- a case under this title has venue pursuant to and inserting ‘‘accreted value of such Capital section shall be considered to have violated section 307 of this title’’ and inserting ‘‘em- Appreciation Bond or a Convertible Capital section 15(a)(3) (29 U.S.C. 215(a)(3)). bracing the district in which the case is’’; Appreciation Bond, as of the date of the de- ‘‘(5) This subsection shall only apply to an and termination and as applicable.’’; employee who has not attained the age of 20 (ii) in paragraph (3)(B), by striking ‘‘di- (B) in subsection (c), by striking ‘‘above’’; years, except in the case of the wage applica- rect’’; and (C) in subsection (d)(3)(B), by inserting ble in Puerto Rico, 25 years, until such time (D) in subsection (f), by inserting ‘‘or ap- ‘‘applicable to such Bonds’’ before the period as the Board described in paragraph (2) ter- propriate’’ after ‘‘necessary’’; at the end; minates in accordance with section 209 of the (5) section 307 of this Act is amended by (D) in subsection (e), by striking ‘‘the pro- Act described in such paragraph.’’. striking subsection (b); cedures under’’; (6) section 308(b) of this Act is amended by (E) in subsection (f)— SA 4931. Mr. MCCONNELL submitted inserting ‘‘of that circuit’’ before ‘‘to con- (i) in paragraph (1), by inserting ‘‘and’’ an amendment intended to be proposed duct the case.’’; after ‘‘Issuer’s existing debts,’’; and by him to the bill S. 2328, to reauthor- (7) section 309 of this Act is amended— (ii) in paragraph (3), by inserting ‘‘by the ize and amend the National Sea Grant (A) by inserting ‘‘(a) IN GENERAL.—’’ before Oversight Board’’ after ‘‘has been certified’’; College Program Act, and for other ‘‘Nothing in this title’’; and (F) in subsection (i), by inserting ‘‘with re- (B) by adding at the end the following: spect to not less than 1 of’’ before ‘‘the purposes; which was ordered to lie on the table; as follows: ‘‘(b) REVIEW.—Any decision to abstain or Issuer’s Outstanding Bonds.’’; not to abstain is not reviewable by appeal or (G) in subsection (j), by inserting ‘‘such’’ Strike all after the first word and insert otherwise by the court of appeals under sec- before ‘‘Insured Bonds for purposes of direct- the following: tion 1291 or 1292 of title 28, United States ing remedies’’; (a) SPECIAL RULE.—The regulations pro- Code, or section 306(e) of this title, or by the (H) in subsection (l)— posed by the Secretary of Labor relating to Supreme Court of the United States under (i) by striking ‘‘consent of holder’’ and in- exemptions regarding the rates of pay for ex- section 1254 of title 28, United States Code. serting ‘‘consent of holders’’; and ecutive, administrative, professional, outside This subsection shall not be construed to (ii) by striking ‘‘a written action’’ and in- sales, and computer employees, and pub- limit the applicability of the stay provided serting ‘‘an action’’; lished in a notice in the Federal Register on for by section 362 of title 11, United States (I) in subsection (m)— July 6, 2015, and any final regulations issued Code, (as made applicable to cases under this (i) in paragraph (1)— related to such notice, shall have no force or title under section 301(a)) as such section ap- (I) in subparagraph (B), by striking clause effect in the Commonwealth of Puerto Rico plies to an action affecting the property of (iii) and inserting the following: until— the estate in bankruptcy.’’; ‘‘(iii) any conditions on the effectiveness of (1) the Comptroller General of the United (8) section 310 of this Act is amended by in- the Qualifying Modification have been satis- States completes the assessment and trans- serting ‘‘, as if it were a case under chapter fied or, except for such conditions that have mits the report required under subsection 9 of title 11, United States Code, or a civil been identified in the Qualifying Modifica- (b); and proceeding arising under such chapter or tion as being non-waivable, in the Adminis- (2) the Secretary of Labor taking into ac- arising in or related to a case under such trative Supervisor’s sole discretion, satisfac- count the assessment and report of the chapter’’ before the period at the end; tion of such conditions has been waived;’’; Comptroller General, provides a written de- (9) section 312(b) of this Act is amended by and termination to Congress that applying such inserting ‘‘or before’’ after ‘‘plan of adjust- (II) in subparagraph (C)(ii), by striking rule to Puerto Rico would not have a nega- ment at’’; ‘‘the lesser of’’ and all that follows and in- tive impact on the economy of Puerto Rico. (10) section 314 of this Act is amended— serting ‘‘the lesser of the Outstanding Prin- (b) ASSESSMENT and REPORT.—Not later (A) in subsection (b)(6)— cipal amount of the Bond Claim on the effec- than two years after the date of enactment (i) by striking ‘‘the non-bankruptcy laws tive date of the Qualifying Modification or of of this Act, the Comptroller General shall and’’ and inserting ‘‘otherwise applicable the value of the collateral securing such examine the economic conditions in Puerto laws and the’’; and Bond Claim; and’’; and Rico and shall transmit a report to Congress (ii) by inserting ‘‘the recovery that’’ after (ii) in paragraph (2), by striking ‘‘should assessing the impact of applying the regula- ‘‘greater recovery for the creditors than’’; not be subject’’ and inserting ‘‘may not be tions described in subsection (a) to Puerto and subject’’; and Rico, taking into consideration regional, (B) in subsection (c)(1), by striking ‘‘with (J) in subsection (n)(1), by inserting ‘‘or re- metropolitan, and non-metropolitan salary respect to’’ and inserting ‘‘in’’; lated to’’ before ‘‘this section.’’. and cost-of-living differences. (11) section 316(c)(3) of this Act is amended by striking ‘‘this chapter’’ and inserting SA 4930. Mr. MCCONNELL submitted SA 4932. Mr. PAUL submitted an ‘‘this title’’; an amendment intended to be proposed amendment intended to be proposed by (12) section 405 of this Act is amended— by him to the bill S. 2328, to reauthor- him to the bill S. 2328, to reauthorize (A) in subsection (a)(1), in the matter pre- ize and amend the National Sea Grant and amend the National Sea Grant Col- ceding subparagraph (A), by striking ‘‘any College Program Act, and for other lege Program Act, and for other pur- other source of law’’ and inserting ‘‘any purposes; which was ordered to lie on poses; which was ordered to lie on the other source’’; the table; as follows: table; as follows: (B) in subsection (b)— Strike all after the first word and insert Strike section 405 and insert the following: (i) in paragraph (1), by striking ‘‘that arose the following: before the enactment of this Act’’; (g) of the Fair Labor Standards Act of 1938 SEC. 405. AUTOMATIC STAY UPON ENACTMENT. (ii) by striking paragraph (5); (29 U.S.C. 206(g)) is amended by striking (a) DEFINITIONS.—In this section: (iii) by redesignating paragraphs (6) and (7) paragraphs (2) through (4) and inserting the (1) LIABILITY.—The term ‘‘Liability’’ as paragraphs (5) and (6), respectively; and following: means a bond, loan, letter of credit, other (iv) in paragraph (5), as so redesignated, by ‘‘(2) In lieu of the rate prescribed by sub- borrowing title, obligation of insurance, or striking ‘‘that arose before the enactment of section (a)(1), the Governor of Puerto Rico, other financial indebtedness for borrowed this Act’’; subject to the approval of the Financial money, including rights, entitlements, or ob- (C) in subsection (j)(3)— Oversight and Management Board estab- ligations whether such rights, entitlements, (i) by striking subparagraph (A) and insert- lished pursuant to section 101 of the Puerto or obligations arise from contract, statute, ing the following: Rico Oversight, Management, and Economic or any other source of law related to such a

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bond, loan, letter of credit, other borrowing (d) CONTINUATION OF STAY.—Except as pro- violation of this section and any act taken in title, obligation of insurance, or other finan- vided in subsections (e), (f), and (g) the stay violation of this section is void, and shall cial indebtedness in physical or dematerial- under subsection (b) continues until the ear- have no force or effect, and any person found ized form, of which— lier of— to violate this section may be liable for dam- (A) the issuer, obligor, or guarantor is the (1) the later of— ages, costs, and attorneys’ fees incurred in Government of Puerto Rico; and (A) the later of— defending any action taken in violation of (B) the date of issuance or incurrence pre- (i) February 15, 2017; or (ii) six months this section, and the Oversight Board or the cedes the date of enactment of this Act. after the establishment of an Oversight Government of Puerto Rico may seek an (2) LIABILITY CLAIM.—The term ‘‘Liability Board for Puerto Rico as established by sec- order from the court enforcing the provisions Claim’’ means, as it relates to a Liability— tion 101(b); of this section. (A) right to payment, whether or not such (B) the date that is 75 days after the date (i) GOVERNMENT OF PUERTO RICO.—For pur- right is reduced to judgment, liquidated, un- in subparagraph (A) if the Oversight Board poses of this section, the term ‘‘Government liquidated, fixed, contingent, matured, delivers a certification to the Governor that, of Puerto Rico’’, in addition to the definition unmatured, disputed, undisputed, legal, equi- in the Oversight Board’s sole discretion, an set forth in section 5(11) of this Act, shall in- table, secured, or unsecured; or additional 75 days are needed to seek to com- clude— (B) right to an equitable remedy for breach plete a voluntary process under title VI of (1) the individuals, including elected and of performance if such breach gives rise to a this Act with respect to the government of appointed officials, directors, officers of and right to payment, whether or not such right the Commonwealth of Puerto Rico or any of employees acting in their official capacity to an equitable remedy is reduced to judg- its territorial instrumentalities; or on behalf of the Government of Puerto Rico; ment, fixed, contingent, matured, (C) the date that is 60 days after the date and unmatured, disputed, undisputed, secured, or in subparagraph (A) if the district court to (2) the Oversight Board, including the di- unsecured. which an application has been submitted rectors and officers of and employees acting (b) IN GENERAL.—Except as provided in under subparagraph 601(m)(1)(D) of this Act in their official capacity on behalf of the subsection (c) of this section, the establish- determines, in the exercise of the court’s eq- Oversight Board. ment of an Oversight Board for Puerto Rico uitable powers, that an additional 60 days (i.e., the enactment of this Act) in accord- (j) NO DEFAULT UNDER EXISTING CON- are needed to complete a voluntary process TRACTS.— ance with section 101 operates with respect under title VI of this Act with respect to the to a Liability as a stay, applicable to all en- (1) Notwithstanding any contractual provi- government of the Commonwealth of Puerto tities (as such term is defined in section 101 sion or applicable law to the contrary and so Rico or any of its territorial instrumental- of title 11, United States Code), of— long as a stay under this section is in effect, ities; or (1) the commencement or continuation, in- the holder of a Liability Claim or any other (2) with respect to the government of the cluding the issuance or employment of proc- claim (as such term is defined in section 101 Commonwealth of Puerto Rico or any of its ess, of a judicial, administrative, or other ac- of title 11, United States Code) may not exer- territorial instrumentalities, the date on tion or proceeding against the Government cise or continue to exercise any remedy which a case is filed by or on behalf of the of Puerto Rico that was or could have been under a contract or applicable law in respect government of the Commonwealth of Puerto commenced before the enactment of this to the Government of Puerto Rico or any of Rico or any of its territorial instrumental- Act, or to recover a Liability Claim against its property— ities, as applicable, under title III. the Government of Puerto Rico that arose (A) that is conditioned upon the financial (e) JURISDICTION, RELIEF FROM STAY.— condition of, or the commencement of a re- before the enactment of this Act; (1) The United States District Court for (2) the enforcement, against the Govern- structuring, insolvency, bankruptcy, or the District of Puerto Rico shall have origi- other proceeding (or a similar or analogous ment of Puerto Rico or against property of nal and exclusive jurisdiction of any civil ac- the Government of Puerto Rico, of a judg- process) by, the Government of Puerto Rico, tions arising under or related to this section. including a default or an event of default ment obtained before the enactment of this (2) On motion of or action filed by a party Act; thereunder; or in interest and after notice and a hearing, (B) with respect to Liability Claims— (3) any act to obtain possession of property the United States District Court for the Dis- of the Government of Puerto Rico or of prop- (i) for the non-payment of principal or in- trict of Puerto Rico, for cause shown, shall terest (other than to enforce a claim for in- erty from the Government of Puerto Rico or grant relief from the stay provided under to exercise control over property of the Gov- terest on a Bond); or subsection (b) of this section. (ii) for the breach of any condition or cov- ernment of Puerto Rico; (f) TERMINATION OF STAY; HEARING.—Forty- enant. (4) any act to create, perfect, or enforce five days after a request under subsection (2) The term ‘‘remedy’’ as used in para- any lien against property of the Government (e)(2) for relief from the stay of any act graph (1) shall be interpreted broadly, and of Puerto Rico; against property of the Government of Puer- shall include any right existing in law or (5) any act to create, perfect, or enforce to Rico under subsection (b), such stay is contract, including any right to— against property of the Government of Puer- terminated with respect to the party in in- to Rico any lien to the extent that such lien terest making such request, unless the court, (A) setoff; secures a Liability Claim that arose before after notice and a hearing, orders such stay (B) apply or appropriate funds; the enactment of this Act; continued in effect pending the conclusion (C) seek the appointment of a custodian (as (6) any act to collect, assess, or recover a of, or as a result of, a final hearing and de- such term is defined in section 101(11) of title Liability Claim against the Government of termination under subsection (e)(2). A hear- 11, United States Code); Puerto Rico that arose before the enactment ing under this subsection may be a prelimi- (D) seek to raise rates; or of this Act; and nary hearing, or may be consolidated with (E) exercise control over property of the (7) the setoff of any debt owing to the Gov- the final hearing under subsection (e)(2). The Government of Puerto Rico. ernment of Puerto Rico that arose before the court shall order such stay continued in ef- (3) Notwithstanding any contractual provi- enactment of this Act against any Liability fect pending the conclusion of the final hear- sion or applicable law to the contrary and so Claim against the Government of Puerto ing under subsection (e)(2) if there is a rea- long as a stay under this section is in effect, Rico. sonable likelihood that the party opposing a contract to which the Government of Puer- (c) STAY NOT OPERABLE.—The establish- relief from such stay will prevail at the con- to Rico is a party may not be terminated or ment of an Oversight Board for Puerto Rico clusion of such final hearing. If the hearing modified, and any right or obligation under in accordance with section 101 does not oper- under this subsection is a preliminary hear- such contract may not be terminated or ate as a stay— ing, then such final hearing shall be con- modified, solely because of a provision in (1) solely under subsection (b)(1) of this cluded not later than thirty days after the such contract is conditioned on— section, of the continuation of, including the conclusion of such preliminary hearing, un- (A) the insolvency or financial condition of issuance or employment of process, of a judi- less the thirty-day period is extended with the Government of Puerto Rico at any time cial, administrative, or other action or pro- the consent of the parties in interest or for prior to the enactment of this Act; ceeding against the Government of Puerto a specific time which the court finds is re- (B) the adoption of a resolution or estab- Rico that was commenced on or before De- quired by compelling circumstances. lishment of an Oversight Board pursuant to cember 18, 2015; or (g) RELIEF TO PREVENT IRREPARABLE DAM- section 101 of this Act; or (2) of the commencement or continuation AGE.—Upon request of a party in interest, (C) a default under a separate contract of an action or proceeding by a governmental the court, with or without a hearing, shall that is due to, triggered by, or a result of the unit to enforce such governmental unit’s or grant such relief from the stay provided occurrence of the events or matters in para- organization’s police and regulatory power, under subsection (b) as is necessary to pre- graph (1)(B). including the enforcement of a judgment vent irreparable damage to the interest of an (4) Notwithstanding any contractual provi- other than a money judgment, obtained in entity in property, if such interest will suffer sion to the contrary and so long as a stay an action or proceeding by the governmental such damage before there is an opportunity under this section is in effect, a unit to enforce such governmental unit’s or for notice and a hearing under subsection (e) counterparty to a contract with the Govern- organization’s police or regulatory power.; or or (f). ment of Puerto Rico for the provision of (3) to enforce a claim for interest on a (h) ACT IN VIOLATION OF STAY IS VOID.— goods and services shall, unless the Govern- Bond. Any order, judgment, or decree entered in ment of Puerto Rico agrees to the contrary

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Mr. PAUL submitted an specified in paragraph (3). suits; amendment intended to be proposed by (k) EFFECT.—This section does not dis- (3) provide an oversight mechanism to as- him to the bill S. 2328, to reauthorize charge an obligation of the Government of sist the Government of Puerto Rico in re- and amend the National Sea Grant Col- Puerto Rico or release, invalidate, or impair forming its fiscal governance and support lege Program Act, and for other pur- any security interest or lien securing such the implementation of potential debt re- obligation. This section does not impair or structuring; poses; which was ordered to lie on the affect the implementation of any restruc- (4) make available a Federal restructuring table; as follows: turing support agreement executed by the authority, if necessary, to allow for an or- In section 104(e), add at the end the fol- Government of Puerto Rico to be imple- derly adjustment of all of the Government of lowing: ‘‘Nothing in this Act provides immu- mented pursuant to Puerto Rico law specifi- Puerto Rico’s liabilities; and nity to the Oversight Board, members of the cally enacted for that purpose prior to the (5) benefit the lives of 3.5 million American Oversight Board, or employees of the Over- enactment of this Act or the obligation of citizens living in Puerto Rico by encouraging sight Board from any anti-corruption laws.’’. the Government of Puerto Rico to proceed in the Government of Puerto Rico to resolve its good faith as set forth in any such agree- longstanding fiscal governance issues and re- SA 4935. Mr. MCCONNELL (for Mr. ment. turn to economic growth. ROBERTS) proposed an amendment to (l) PAYMENTS ON LIABILITIES.—Nothing in this section shall be construed to prohibit (o) VOTING ON VOLUNTARY AGREEMENTS NOT the bill S. 764, to reauthorize and the Government of Puerto Rico from making STAYED.—Notwithstanding any provision in amend the National Sea Grant College any payment on any Liability when such this section to the contrary, nothing in this Program Act, and for other purposes; payment becomes due during the term of the section shall prevent the holder of a Liabil- as follows: stay, and to the extent the Oversight Board, ity Claim from voting on or consenting to a proposed modification of such Liability Strike all after the enacting clause and in- in its sole discretion, determines it is fea- sert the following: sible, the Government of Puerto Rico shall Claim under title VI of this Act. make interest payments on outstanding in- SECTION 1. NATIONAL BIOENGINEERED FOOD DISCLOSURE STANDARD. debtedness when such payments become due SA 4933. Mr. PAUL submitted an The Agricultural Marketing Act of 1946 (7 during the length of the stay. amendment intended to be proposed by (m) FINDINGS.—Congress finds the fol- U.S.C. 1621 et seq.) is amended by adding at him to the bill S. 2328, to reauthorize the end the following: lowing: and amend the National Sea Grant Col- ‘‘Subtitle E—National Bioengineered Food (1) A combination of severe economic de- lege Program Act, and for other pur- cline, and, at times, accumulated operating Disclosure Standard poses; which was ordered to lie on the deficits, lack of financial transparency, man- ‘‘SEC. 291. DEFINITIONS. agement inefficiencies, and excessive bor- table; as follows: ‘‘In this subtitle: rowing has created a fiscal emergency in Strike section 405 and insert the following: ‘‘(1) BIOENGINEERING.—The term ‘bio- Puerto Rico. SEC. 405. FINDINGS AND PURPOSES. engineering’, and any similar term, as deter- (2) As a result of its fiscal emergency, the (a) FINDINGS.—Congress finds the fol- mined by the Secretary, with respect to a Government of Puerto Rico has been unable lowing: food, refers to a food— to provide its citizens with effective services. (1) A combination of severe economic de- ‘‘(A) that contains genetic material that (3) The current fiscal emergency has also cline, and, at times, accumulated operating has been modified through in vitro recom- affected the long-term economic stability of deficits, lack of financial transparency, man- binant deoxyribonucleic acid (DNA) tech- Puerto Rico by contributing to the acceler- agement inefficiencies, and excessive bor- niques; and ated outmigration of residents and busi- rowing has created a fiscal emergency in ‘‘(B) for which the modification could not nesses. Puerto Rico. otherwise be obtained through conventional (4) A comprehensive approach to fiscal, (2) As a result of its fiscal emergency, the breeding or found in nature. management, and structural problems and Government of Puerto Rico has been unable ‘‘(2) FOOD.—The term ‘food’ means a food adjustments that exempts no part of the to provide its citizens with effective services. (as defined in section 201 of the Federal Government of Puerto Rico is necessary, in- (3) The current fiscal emergency has also Food, Drug, and Cosmetic Act (21 U.S.C. 321)) volving independent oversight and a Federal affected the long-term economic stability of that is intended for human consumption. statutory authority for the Government of Puerto Rico by contributing to the acceler- ‘‘(3) SECRETARY.—The term ‘Secretary’ Puerto Rico to restructure debts in a fair ated outmigration of residents and busi- means the Secretary of Agriculture. and orderly process. nesses. ‘‘SEC. 292. APPLICABILITY. (5) ADDITIONALLY, AN IMMEDIATE.—but tem- (4) A comprehensive approach to fiscal, porary—stay is essential to stabilize the re- ‘‘(a) IN GENERAL.—This subtitle shall apply management, and structural problems and gion for the purposes of resolving this terri- to any claim in a disclosure that a food bears adjustments that exempts no part of the torial crisis. that indicates that the food is a bioengi- Government of Puerto Rico is necessary, in- (A) The stay advances the best interests neered food. common to all stakeholders, including but volving independent oversight and a Federal ‘‘(b) APPLICATION OF DEFINITION.—The defi- not limited to a functioning independent statutory authority for the Government of nition of the term ‘bioengineering’ under Oversight Board created pursuant to this Act Puerto Rico to restructure debts in a fair section 291 shall not affect any other defini- to determine whether to appear or intervene and orderly process. tion, program, rule, or regulation of the Fed- on behalf of the Government of Puerto Rico (5) Finally, the ability of the Government eral Government. in any litigation that may have been com- of Puerto Rico to obtain funds from capital ‘‘(c) APPLICATION TO FOODS.—This subtitle menced prior to the effectiveness or upon ex- markets in the future will be severely dimin- shall apply only to a food subject to— piration of the stay. ished without congressional action to restore ‘‘(1) the labeling requirements under the (B) The stay is limited in nature and nar- its financial accountability and stability. Federal Food, Drug, and Cosmetic Act (21 rowly tailored to achieve the purposes of this (b) PURPOSES.—The purposes of this Act U.S.C. 301 et seq.); or Act, including to ensure all creditors have a are to— ‘‘(2) the labeling requirements under the fair opportunity to consensually renegotiate (1) provide the Government of Puerto Rico Federal Meat Inspection Act (21 U.S.C. 601 et terms of repayment based on accurate finan- with the resources and the tools it needs to seq.), the Poultry Products Inspection Act cial information that is reviewed by an inde- address an immediate existing and imminent (21 U.S.C. 451 et seq.), or the Egg Products pendent authority or, at a minimum, receive crisis; Inspection Act (21 U.S.C. 1031 et seq.) only a recovery from the Government of Puerto (2) incentivize the Government of Puerto if— Rico equal to their best possible outcome ab- Rico to focus its resources on negotiating a ‘‘(A) the most predominant ingredient of sent the provisions of this Act. voluntary resolution with its creditors; the food would independently be subject to (6) Finally, the ability of the Government (3) provide an oversight mechanism to as- the labeling requirements under the Federal of Puerto Rico to obtain funds from capital sist the Government of Puerto Rico in re- Food, Drug, and Cosmetic Act (21 U.S.C. 301 markets in the future will be severely dimin- forming its fiscal governance and support et seq.); or ished without congressional action to restore the implementation of potential debt re- ‘‘(B)(i) the most predominant ingredient of its financial accountability and stability. structuring; the food is broth, stock, water, or a similar (n) PURPOSES.—The purposes of this sec- (4) make available a Federal restructuring solution; and tion are to— authority, if necessary, to allow for an or- ‘‘(ii) the second-most predominant ingre- (1) provide the Government of Puerto Rico derly adjustment of all of the Government of dient of the food would independently be sub- with the resources and the tools it needs to Puerto Rico’s liabilities; and ject to the labeling requirements under the address an immediate existing and imminent (5) benefit the lives of 3.5 million American Federal Food, Drug, and Cosmetic Act (21 crisis; citizens living in Puerto Rico by encouraging U.S.C. 301 et seq.).

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‘‘SEC. 293. ESTABLISHMENT OF NATIONAL BIO- through electronic or digital disclosure ‘‘(f) CONSISTENCY WITH CERTAIN LAWS.— ENGINEERED FOOD DISCLOSURE methods. The Secretary shall consider establishing STANDARD. ‘‘(2) PUBLIC COMMENTS.—In conducting the consistency between— ‘‘(a) ESTABLISHMENT OF MANDATORY STAND- study under paragraph (1), the Secretary ‘‘(1) the national bioengineered food disclo- ARD.—Not later than 2 years after the date of shall solicit and consider comments from the sure standard established under this section; enactment of this subtitle, the Secretary public. and shall— ‘‘(3) FACTORS.—The study conducted under ‘‘(2) the Organic Foods Production Act of ‘‘(1) establish a national mandatory bio- paragraph (1) shall consider whether con- 1990 (7 U.S.C. 6501 et seq.) and any rules or engineered food disclosure standard with re- sumer access to the bioengineering disclo- regulations implementing that Act. spect to any bioengineered food and any food sure through electronic or digital disclosure ‘‘(g) ENFORCEMENT.— that may be bioengineered; and methods under this subtitle would be af- ‘‘(1) PROHIBITED ACT.—It shall be a prohib- ‘‘(2) establish such requirements and proce- fected by the following factors: ited act for a person to knowingly fail to dures as the Secretary determines necessary ‘‘(A) The availability of wireless Internet make a disclosure as required under this sec- to carry out the standard. or cellular networks. tion. ‘‘(b) REGULATIONS.— ‘‘(B) The availability of landline tele- ‘‘(2) RECORDKEEPING.—Each person subject ‘‘(1) IN GENERAL.—A food may bear a disclo- phones in stores. to the mandatory disclosure requirement sure that the food is bioengineered only in ‘‘(C) Challenges facing small retailers and under this section shall maintain, and make accordance with regulations promulgated by rural retailers. available to the Secretary, on request, such the Secretary in accordance with this sub- ‘‘(D) The efforts that retailers and other records as the Secretary determines to be title. entities have taken to address potential customary or reasonable in the food indus- ‘‘(2) REQUIREMENTS.—A regulation promul- technology and infrastructure challenges. try, by regulation, to establish compliance gated by the Secretary in carrying out this ‘‘(E) The costs and benefits of installing in with this section. subtitle shall— retail stores electronic or digital link scan- ‘‘(3) EXAMINATION AND AUDIT.— ‘‘(A) prohibit a food derived from an ani- ners or other evolving technology that pro- ‘‘(A) IN GENERAL.—The Secretary may con- mal to be considered a bioengineered food vide bioengineering disclosure information. duct an examination, audit, or similar activ- solely because the animal consumed feed ‘‘(4) ADDITIONAL DISCLOSURE OPTIONS.—If ity with respect to any records required produced from, containing, or consisting of a the Secretary determines in the study con- under paragraph (2). bioengineered substance; ducted under paragraph (1) that consumers, ‘‘(B) NOTICE AND HEARING.—A person sub- ‘‘(B) determine the amounts of a bioengi- while shopping, would not have sufficient ac- ject to an examination, audit, or similar ac- neered substance that may be present in cess to the bioengineering disclosure through tivity under subparagraph (A) shall be pro- food, as appropriate, in order for the food to electronic or digital disclosure methods, the vided notice and opportunity for a hearing be a bioengineered food; Secretary, after consultation with food re- on the results of any examination, audit, or ‘‘(C) establish a process for requesting and tailers and manufacturers, shall provide ad- similar activity. granting a determination by the Secretary ditional and comparable options to access ‘‘(C) AUDIT RESULTS.—After the notice and regarding other factors and conditions under the bioengineering disclosure. opportunity for a hearing under subpara- which a food is considered a bioengineered ‘‘(d) DISCLOSURE.—In promulgating regula- graph (B), the Secretary shall make public food; tions under this section, the Secretary shall the summary of any examination, audit, or ensure that— ‘‘(D) in accordance with subsection (d), re- similar activity under subparagraph (A). ‘‘(1) on-package language accompanies— quire that the form of a food disclosure ‘‘(4) RECALL AUTHORITY.—The Secretary ‘‘(A) the electronic or digital link disclo- under this section be a text, symbol, or elec- shall have no authority to recall any food sure, indicating that the electronic or digital tronic or digital link, but excluding Internet subject to this subtitle on the basis of link will provide access to an Internet website Uniform Resource Locators not em- whether the food bears a disclosure that the website or other landing page by stating bedded in the link, with the disclosure op- food is bioengineered. only ‘Scan here for more food information’, tion to be selected by the food manufacturer; ‘‘SEC. 294. SAVINGS PROVISIONS. or equivalent language that only reflects ‘‘(E) provide alternative reasonable disclo- ‘‘(a) TRADE.—This subtitle shall be applied technological changes; or sure options for food contained in small or in a manner consistent with United States ‘‘(B) any telephone number disclosure, in- very small packages; obligations under international agreements. dicating that the telephone number will pro- ‘‘(F) in the case of small food manufactur- ‘‘(b) OTHER AUTHORITIES.—Nothing in this vide access to additional information by ers, provide— subtitle— stating only ‘Call for more food informa- ‘‘(i) an implementation date that is not ‘‘(1) affects the authority of the Secretary tion.’; earlier than 1 year after the implementation of Health and Human Services or creates any ‘‘(2) the electronic or digital link will pro- date for regulations promulgated in accord- rights or obligations for any person under vide access to the bioengineering disclosure ance with this section; and the Federal Food, Drug, and Cosmetic Act located, in a consistent and conspicuous ‘‘(ii) on-package disclosure options, in ad- (21 U.S.C. 301 et seq.); or manner, on the first product information dition to those available under subparagraph ‘‘(2) affects the authority of the Secretary page that appears for the product on a mo- (D), to be selected by the small food manu- of the Treasury or creates any rights or obli- bile device, Internet website, or other land- facturer, that consist of— gations for any person under the Federal Al- ing page, which shall exclude marketing and ‘‘(I) a telephone number accompanied by cohol Administration Act (27 U.S.C. 201 et promotional information; appropriate language to indicate that the seq.). ‘‘(3)(A) the electronic or digital link disclo- phone number provides access to additional ‘‘(c) OTHER.—A food may not be considered sure may not collect, analyze, or sell any information; and to be ‘not bioengineered’, ‘non-GMO’, or any personally identifiable information about ‘‘(II) an Internet website maintained by other similar claim describing the absence of consumers or the devices of consumers; but the small food manufacturer in a manner bioengineering in the food solely because the ‘‘(B) if information described in subpara- consistent with subsection (d), as appro- food is not required to bear a disclosure that graph (A) must be collected to carry out the priate; and the food is bioengineered under this subtitle. purposes of this subtitle, that information ‘‘(G) exclude— ‘‘Subtitle F—Labeling of Certain Food shall be deleted immediately and not used ‘‘(i) food served in a restaurant or similar for any other purpose; ‘‘SEC. 295. FEDERAL PREEMPTION. retail food establishment; and ‘‘(4) the electronic or digital link disclo- ‘‘(a) DEFINITION OF FOOD.—In this subtitle, ‘‘(ii) very small food manufacturers. sure also includes a telephone number that the term ‘food’ has the meaning given the ‘‘(3) SAFETY.—For the purpose of regula- term in section 201 of the Federal Food, tions promulgated and food disclosures made provides access to the bioengineering disclo- sure; and Drug, and Cosmetic Act (21 U.S.C. 321). pursuant to paragraph (2), a bioengineered ‘‘(b) FEDERAL PREEMPTION.—No State or a food that has successfully completed the pre- ‘‘(5) the electronic or digital link disclo- sure is of sufficient size to be easily and ef- political subdivision of a State may directly market Federal regulatory review process or indirectly establish under any authority shall not be treated as safer than, or not as fectively scanned or read by a digital device. ‘‘(e) STATE FOOD LABELING STANDARDS.— or continue in effect as to any food or seed safe as, a non-bioengineered counterpart of Notwithstanding section 295, no State or po- in interstate commerce any requirement re- the food solely because the food is bioengi- litical subdivision of a State may directly or lating to the labeling of whether a food (in- neered or produced or developed with the use indirectly establish under any authority or cluding food served in a restaurant or simi- of bioengineering. continue in effect as to any food in inter- lar establishment) or seed is genetically en- ‘‘(c) STUDY OF ELECTRONIC OR DIGITAL LINK state commerce any requirement relating to gineered (which shall include such other DISCLOSURE.— the labeling or disclosure of whether a food similar terms as determined by the Sec- ‘‘(1) IN GENERAL.—Not later than 1 year is bioengineered or was developed or pro- retary of Agriculture) or was developed or after the date of enactment of this subtitle, duced using bioengineering for a food that is produced using genetic engineering, includ- the Secretary shall conduct a study to iden- the subject of the national bioengineered ing any requirement for claims that a food tify potential technological challenges that food disclosure standard under this section or seed is or contains an ingredient that was may impact whether consumers would have that is not identical to the mandatory dis- developed or produced using genetic engi- access to the bioengineering disclosure closure requirement under that standard. neering.

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.038 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4736 CONGRESSIONAL RECORD — SENATE June 29, 2016 ‘‘SEC. 296. EXCLUSION FROM FEDERAL PREEMP- the labeling requirements under the Federal neered or produced or developed with the use TION. Food, Drug, and Cosmetic Act (21 U.S.C. 301 of bioengineering. ‘‘Nothing in this subtitle, subtitle E, or et seq.); or ‘‘(c) STUDY OF ELECTRONIC OR DIGITAL LINK any regulation, rule, or requirement promul- ‘‘(B)(i) the most predominant ingredient of DISCLOSURE.— gated in accordance with this subtitle or the food is broth, stock, water, or a similar ‘‘(1) IN GENERAL.—Not later than 1 year subtitle E shall be construed to preempt any solution; and after the date of enactment of this subtitle, remedy created by a State or Federal statu- ‘‘(ii) the second-most predominant ingre- the Secretary shall conduct a study to iden- tory or common law right.’’. dient of the food would independently be sub- tify potential technological challenges that SEC. 2. ORGANICALLY PRODUCED FOOD. ject to the labeling requirements under the may impact whether consumers would have In the case of a food certified under the na- Federal Food, Drug, and Cosmetic Act (21 access to the bioengineering disclosure tional organic program established under the U.S.C. 301 et seq.). through electronic or digital disclosure Organic Foods Production Act of 1990 (7 ‘‘SEC. 293. ESTABLISHMENT OF NATIONAL BIO- methods. U.S.C. 6501 et seq.), the certification shall be ENGINEERED FOOD DISCLOSURE ‘‘(2) PUBLIC COMMENTS.—In conducting the considered sufficient to make a claim re- STANDARD. study under paragraph (1), the Secretary garding the absence of bioengineering in the ‘‘(a) ESTABLISHMENT OF MANDATORY STAND- shall solicit and consider comments from the food, such as ‘‘not bioengineered’’, ‘‘non- ARD.—Not later than 2 years after the date of public. GMO’’, or another similar claim. enactment of this subtitle, the Secretary ‘‘(3) FACTORS.—The study conducted under shall— paragraph (1) shall consider whether con- ‘‘(1) establish a national mandatory bio- SA 4936. Mr. MCCONNELL proposed an sumer access to the bioengineering disclo- engineered food disclosure standard with re- amendment to amendment SA 4935 pro- sure through electronic or digital disclosure spect to any bioengineered food and any food methods under this subtitle would be af- posed by Mr. MCCONNELL (for Mr. ROB- that may be bioengineered; and fected by the following factors: ERTS) to the bill S. 764, to reauthorize ‘‘(2) establish such requirements and proce- ‘‘(A) The availability of wireless Internet and amend the National Sea Grant Col- dures as the Secretary determines necessary or cellular networks. lege Program Act, and for other pur- to carry out the standard. ‘‘(B) The availability of landline tele- poses; as follows: ‘‘(b) REGULATIONS.— phones in stores. ‘‘(1) IN GENERAL.—A food may bear a disclo- ‘‘(C) Challenges facing small retailers and At the end, add the following: sure that the food is bioengineered only in This Act shall take effect 1 day after the rural retailers. accordance with regulations promulgated by date of enactment. ‘‘(D) The efforts that retailers and other the Secretary in accordance with this sub- entities have taken to address potential title. Mr. MCCONNELL proposed technology and infrastructure challenges. SA 4937. ‘‘(2) REQUIREMENTS.—A regulation promul- an amendment to the bill S. 764, to re- ‘‘(E) The costs and benefits of installing in gated by the Secretary in carrying out this retail stores electronic or digital link scan- authorize and amend the National Sea subtitle shall— ners or other evolving technology that pro- Grant College Program Act, and for ‘‘(A) prohibit a food derived from an ani- vide bioengineering disclosure information. other purposes; as follows: mal to be considered a bioengineered food ‘‘(4) ADDITIONAL DISCLOSURE OPTIONS.—If Strike all after the enacting clause and in- solely because the animal consumed feed the Secretary determines in the study con- sert the following: produced from, containing, or consisting of a ducted under paragraph (1) that consumers, bioengineered substance; SECTION 1. NATIONAL BIOENGINEERED FOOD while shopping, would not have sufficient ac- DISCLOSURE STANDARD. ‘‘(B) determine the amounts of a bioengi- cess to the bioengineering disclosure through The Agricultural Marketing Act of 1946 (7 neered substance that may be present in electronic or digital disclosure methods, the U.S.C. 1621 et seq.) is amended by adding at food, as appropriate, in order for the food to Secretary, after consultation with food re- the end the following: be a bioengineered food; tailers and manufacturers, shall provide ad- ‘‘(C) establish a process for requesting and ditional and comparable options to access ‘‘Subtitle E—National Bioengineered Food granting a determination by the Secretary Disclosure Standard the bioengineering disclosure. regarding other factors and conditions under ‘‘(d) DISCLOSURE.—In promulgating regula- ‘‘SEC. 291. DEFINITIONS. which a food is considered a bioengineered tions under this section, the Secretary shall ‘‘In this subtitle: food; ensure that— ‘‘(1) BIOENGINEERING.—The term ‘bio- ‘‘(D) in accordance with subsection (d), re- ‘‘(1) on-package language accompanies— engineering’, and any similar term, as deter- quire that the form of a food disclosure ‘‘(A) the electronic or digital link disclo- mined by the Secretary, with respect to a under this section be a text, symbol, or elec- sure, indicating that the electronic or digital food, refers to a food— tronic or digital link, but excluding Internet link will provide access to an Internet ‘‘(A) that contains genetic material that website Uniform Resource Locators not em- website or other landing page by stating has been modified through in vitro recom- bedded in the link, with the disclosure op- only ‘Scan here for more food information’, binant deoxyribonucleic acid (DNA) tech- tion to be selected by the food manufacturer; or equivalent language that only reflects niques; and ‘‘(E) provide alternative reasonable disclo- technological changes; or ‘‘(B) for which the modification could not sure options for food contained in small or ‘‘(B) any telephone number disclosure, in- otherwise be obtained through conventional very small packages; dicating that the telephone number will pro- breeding or found in nature. ‘‘(F) in the case of small food manufactur- vide access to additional information by ‘‘(2) FOOD.—The term ‘food’ means a food ers, provide— stating only ‘Call for more food informa- (as defined in section 201 of the Federal ‘‘(i) an implementation date that is not tion.’; Food, Drug, and Cosmetic Act (21 U.S.C. 321)) earlier than 1 year after the implementation ‘‘(2) the electronic or digital link will pro- that is intended for human consumption. date for regulations promulgated in accord- vide access to the bioengineering disclosure ‘‘(3) SECRETARY.—The term ‘Secretary’ ance with this section; and located, in a consistent and conspicuous means the Secretary of Agriculture. ‘‘(ii) on-package disclosure options, in ad- manner, on the first product information ‘‘SEC. 292. APPLICABILITY. dition to those available under subparagraph page that appears for the product on a mo- ‘‘(a) IN GENERAL.—This subtitle shall apply (D), to be selected by the small food manu- bile device, Internet website, or other land- to any claim in a disclosure that a food bears facturer, that consist of— ing page, which shall exclude marketing and that indicates that the food is a bioengi- ‘‘(I) a telephone number accompanied by promotional information; neered food. appropriate language to indicate that the ‘‘(3)(A) the electronic or digital link disclo- ‘‘(b) APPLICATION OF DEFINITION.—The defi- phone number provides access to additional sure may not collect, analyze, or sell any nition of the term ‘bioengineering’ under information; and personally identifiable information about section 291 shall not affect any other defini- ‘‘(II) an Internet website maintained by consumers or the devices of consumers; but tion, program, rule, or regulation of the Fed- the small food manufacturer in a manner ‘‘(B) if information described in subpara- eral Government. consistent with subsection (d), as appro- graph (A) must be collected to carry out the ‘‘(c) APPLICATION TO FOODS.—This subtitle priate; and purposes of this subtitle, that information shall apply only to a food subject to— ‘‘(G) exclude— shall be deleted immediately and not used ‘‘(1) the labeling requirements under the ‘‘(i) food served in a restaurant or similar for any other purpose; Federal Food, Drug, and Cosmetic Act (21 retail food establishment; and ‘‘(4) the electronic or digital link disclo- U.S.C. 301 et seq.); or ‘‘(ii) very small food manufacturers. sure also includes a telephone number that ‘‘(2) the labeling requirements under the ‘‘(3) SAFETY.—For the purpose of regula- provides access to the bioengineering disclo- Federal Meat Inspection Act (21 U.S.C. 601 et tions promulgated and food disclosures made sure; and seq.), the Poultry Products Inspection Act pursuant to paragraph (2), a bioengineered ‘‘(5) the electronic or digital link disclo- (21 U.S.C. 451 et seq.), or the Egg Products food that has successfully completed the pre- sure is of sufficient size to be easily and ef- Inspection Act (21 U.S.C. 1031 et seq.) only market Federal regulatory review process fectively scanned or read by a digital device. if— shall not be treated as safer than, or not as ‘‘(e) STATE FOOD LABELING STANDARDS.— ‘‘(A) the most predominant ingredient of safe as, a non-bioengineered counterpart of Notwithstanding section 295, no State or po- the food would independently be subject to the food solely because the food is bioengi- litical subdivision of a State may directly or

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.038 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4737 indirectly establish under any authority or cluding food served in a restaurant or simi- Sec. 202. Sexual assault response coordina- continue in effect as to any food in inter- lar establishment) or seed is genetically en- tors and sexual assault victim state commerce any requirement relating to gineered (which shall include such other advocates. the labeling or disclosure of whether a food similar terms as determined by the Sec- Sec. 203. Report from the Department of is bioengineered or was developed or pro- retary of Agriculture) or was developed or Transportation Inspector Gen- duced using bioengineering for a food that is produced using genetic engineering, includ- eral. the subject of the national bioengineered ing any requirement for claims that a food Sec. 204. Sexual assault prevention and re- food disclosure standard under this section or seed is or contains an ingredient that was sponse working group. that is not identical to the mandatory dis- developed or produced using genetic engi- TITLE III—MARITIME ADMINISTRATION closure requirement under that standard. neering. ENHANCEMENT ‘‘(f) CONSISTENCY WITH CERTAIN LAWS.— ‘‘SEC. 296. EXCLUSION FROM FEDERAL PREEMP- Sec. 301. Status of National Defense Reserve The Secretary shall consider establishing TION. Fleet vessels. consistency between— ‘‘Nothing in this subtitle, subtitle E, or Sec. 302. Port infrastructure development. ‘‘(1) the national bioengineered food disclo- any regulation, rule, or requirement promul- Sec. 303. State maritime academy physical sure standard established under this section; gated in accordance with this subtitle or standards and reporting. and subtitle E shall be construed to preempt any Sec. 304. Authority to extend certain age re- ‘‘(2) the Organic Foods Production Act of remedy created by a State or Federal statu- strictions relating to vessels 1990 (7 U.S.C. 6501 et seq.) and any rules or tory or common law right.’’. participating in the maritime regulations implementing that Act. SEC. 2. ORGANICALLY PRODUCED FOOD. security fleet. ‘‘(g) ENFORCEMENT.— In the case of a food certified under the na- Sec. 305. Appointments. ‘‘(1) PROHIBITED ACT.—It shall be a prohib- tional organic program established under the Sec. 306. High-speed craft classification ited act for a person to knowingly fail to Organic Foods Production Act of 1990 (7 services. make a disclosure as required under this sec- U.S.C. 6501 et seq.), the certification shall be Sec. 307. Maritime workforce working tion. considered sufficient to make a claim re- group. ‘‘(2) RECORDKEEPING.—Each person subject garding the absence of bioengineering in the Sec. 308. Vessel disposal program. to the mandatory disclosure requirement food, such as ‘‘not bioengineered’’, ‘‘non- Sec. 309. Maritime extreme weather task under this section shall maintain, and make GMO’’, or another similar claim. force. available to the Secretary, on request, such This Act shall take effect 2 days after the records as the Secretary determines to be date of enactment. TITLE IV—IMPLEMENTATION OF WORK- customary or reasonable in the food indus- FORCE MANAGEMENT IMPROVEMENTS try, by regulation, to establish compliance SA 4938. Mr. MCCONNELL proposed Sec. 401. Workforce plans and onboarding with this section. an amendment to amendment SA 4937 policies. ‘‘(3) EXAMINATION AND AUDIT.— proposed by Mr. MCCONNELL to the Sec. 402. Drug and alcohol policy. ‘‘(A) IN GENERAL.—The Secretary may con- bill S. 764, to reauthorize and amend Sec. 403. Vessel transfers. duct an examination, audit, or similar activ- the National Sea Grant College Pro- TITLE V—TECHNICAL AMENDMENTS ity with respect to any records required gram Act, and for other purposes; as Sec. 501. Clarifying amendment; continu- under paragraph (2). ation boards. ‘‘(B) NOTICE AND HEARING.—A person sub- follows: At the end, add the following: Sec. 502. Prospective payment of funds nec- ject to an examination, audit, or similar ac- essary to provide medical care. tivity under subparagraph (A) shall be pro- This Act shall take effect 3 days after the date of enactment. Sec. 503. Technical corrections to title 46, vided notice and opportunity for a hearing United States Code. on the results of any examination, audit, or SA 4939. Mr. MCCONNELL proposed Sec. 504. Coast Guard use of the Pribilof Is- similar activity. lands. ‘‘(C) AUDIT RESULTS.—After the notice and an amendment to amendment SA 4938 opportunity for a hearing under subpara- proposed by Mr. MCCONNELL to the TITLE VI—POLAR ICEBREAKER FLEET graph (B), the Secretary shall make public amendment SA 4937 proposed by Mr. RECAPITALIZATION TRANSPARENCY ACT the summary of any examination, audit, or MCCONNELL to the bill S. 764, to reau- similar activity under subparagraph (A). thorize and amend the National Sea Sec. 601. Short title. ‘‘(4) RECALL AUTHORITY.—The Secretary Grant College Program Act, and for Sec. 602. Definitions. Sec. 603. Polar icebreaker recapitalization shall have no authority to recall any food other purposes; as follows: subject to this subtitle on the basis of plan. whether the food bears a disclosure that the Strike ‘‘3 days’’ and insert ‘‘4 days’’. Sec. 604. GAO report icebreaking capability food is bioengineered. in the United States. SA 4940. Mrs. FISCHER (for herself, ‘‘SEC. 294. SAVINGS PROVISIONS. TITLE VII—NATIONAL OCEANIC AND AT- Mr. BOOKER, Mr. NELSON, Mr. THUNE, ‘‘(a) TRADE.—This subtitle shall be applied MOSPHERIC ADMINISTRATION SEXUAL in a manner consistent with United States Mr. SULLIVAN, Ms. CANTWELL, Mr. HARASSMENT AND ASSAULT PREVEN- obligations under international agreements. WICKER, and Mr. SCHATZ) proposed an TION ACT ‘‘(b) OTHER AUTHORITIES.—Nothing in this amendment to the bill S. 2829, to Subtitle A—Sexual Harassment and Assault subtitle— amend and enhance certain maritime Prevention at the National Oceanic and ‘‘(1) affects the authority of the Secretary programs of the Department of Trans- Atmospheric Administration of Health and Human Services or creates any portation, and for other purposes; as Sec. 711. Actions to address sexual harass- rights or obligations for any person under follows: ment at National Oceanic and the Federal Food, Drug, and Cosmetic Act Atmospheric Administration. (21 U.S.C. 301 et seq.); or Strike all after the enacting clause and in- sert the following: Sec. 712. Actions to address sexual assault ‘‘(2) affects the authority of the Secretary at National Oceanic and Atmos- of the Treasury or creates any rights or obli- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as pheric Administration. gations for any person under the Federal Al- Sec. 713. Rights of the victim of a sexual as- cohol Administration Act (27 U.S.C. 201 et the ‘‘Maritime Administration Authoriza- tion and Enhancement Act for Fiscal Year sault. seq.). Sec. 714. Change of station. ‘‘(c) OTHER.—A food may not be considered 2017’’. Sec. 715. Applicability of policies to crews of to be ‘not bioengineered’, ‘non-GMO’, or any (b) TABLE OF CONTENTS.—The table of con- vessels secured by National other similar claim describing the absence of tents for this Act is as follows: Oceanic and Atmospheric Ad- bioengineering in the food solely because the Sec. 1. Short title; table of contents. ministration under contract. food is not required to bear a disclosure that TITLE I—MARITIME ADMINISTRATION Sec. 716. Annual report on sexual assaults in the food is bioengineered under this subtitle. AUTHORIZATION the National Oceanic and At- ‘‘Subtitle F—Labeling of Certain Food Sec. 101. Authorization of the Maritime Ad- mospheric Administration. ‘‘SEC. 295. FEDERAL PREEMPTION. ministration. Sec. 717. Definition. Sec. 102. Maritime Administration author- ‘‘(a) DEFINITION OF FOOD.—In this subtitle, ization request. Subtitle B—Commissioned Officer Corps of the term ‘food’ has the meaning given the the National Oceanic and Atmospheric Ad- TITLE II—PREVENTION OF SEXUAL HAR- term in section 201 of the Federal Food, ministration Drug, and Cosmetic Act (21 U.S.C. 321). ASSMENT AND ASSAULT AT THE Sec. 721. References to National Oceanic and ‘‘(b) FEDERAL PREEMPTION.—No State or a UNITED STATES MERCHANT MARINE Atmospheric Administration political subdivision of a State may directly ACADEMY Commissioned Officer Corps or indirectly establish under any authority Sec. 201. Actions to address sexual harass- Act of 2002. or continue in effect as to any food or seed ment and sexual assault at the in interstate commerce any requirement re- United States Merchant Marine PART I—GENERAL PROVISIONS lating to the labeling of whether a food (in- Academy. Sec. 722. Strength and distribution in grade.

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0655 E:\CR\FM\A29JN6.047 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4738 CONGRESSIONAL RECORD — SENATE June 29, 2016 Sec. 723. Recalled officers. (D) $1,800,000 shall remain available until assment or sexual assault should be reported Sec. 724. Obligated service requirement. expended for training ship fuel assistance; by a cadet and the options for confidential Sec. 725. Training and physical fitness. and reporting; Sec. 726. Recruiting materials. (E) $350,000 shall remain available until ex- ‘‘(ii) specifying any other person whom the Sec. 727. Charter vessel safety policy. pended for expenses to improve the moni- victim should contact; and Sec. 728. Technical correction. toring of the service obligations of grad- ‘‘(iii) procedures on the preservation of evi- PART II—PARITY AND RECRUITMENT uates. dence potentially necessary for proof of Sec. 731. Education loans. (3) For expenses necessary to support the criminal sexual assault; Sec. 732. Interest payments. National Security Multi-Mission Vessel Pro- ‘‘(C) a procedure for disciplinary action in Sec. 733. Student pre-commissioning pro- gram, $6,000,000, which shall remain available cases of alleged criminal sexual assault in- gram. until expended. volving a cadet or other Academy personnel; Sec. 734. Limitation on educational assist- (4) For expenses necessary to support Mari- ‘‘(D) any other sanction authorized to be ance. time Administration operations and pro- imposed in a substantiated case of sexual Sec. 735. Applicability of certain provisions grams, $57,142,000. harassment or sexual assault involving a of title 10, United States Code, (5) For expenses necessary to dispose of cadet or other Academy personnel in rape, and extension of certain au- vessels in the National Defense Reserve acquaintance rape, or any other criminal thorities applicable to members Fleet, $20,000,000, which shall remain avail- sexual offense, whether forcible or nonforc- of the Armed Forces to com- able until expended. ible; and missioned officer corps. (6) For the cost (as defined in section 502(5) ‘‘(E) required training on the policy for all Sec. 736. Applicability of certain provisions of the Federal Credit Reform Act of 1990 (2 cadets and other Academy personnel, includ- of title 37, United States Code. U.S.C. 661a(5))) of loan guarantees under the ing the specific training required for per- Sec. 737. Legion of Merit award. program authorized by chapter 537 of title 46, sonnel who process allegations of sexual har- Sec. 738. Prohibition on retaliatory per- United States Code, $3,000,000, which shall re- assment or sexual assault involving Acad- sonnel actions. main available until expended for adminis- emy personnel. Sec. 739. Penalties for wearing uniform trative expenses of the program. ‘‘(3) AVAILABILITY OF POLICY.—The Sec- without authority. SEC. 102. MARITIME ADMINISTRATION AUTHOR- retary shall ensure that the policy developed Sec. 740. Application of certain provisions of IZATION REQUEST. under this subsection is available to— competitive service law. Section 109 of title 49, United States Code, ‘‘(A) all cadets and employees of the Acad- Sec. 741. Employment and reemployment is amended by adding at the end the fol- emy; and rights. lowing: ‘‘(B) the public. Sec. 742. Treatment of commission in com- ‘‘(k) SUBMISSION OF ANNUAL MARITIME AD- ‘‘(4) CONSULTATION AND ASSISTANCE.—In de- missioned officer corps for pur- MINISTRATION AUTHORIZATION REQUEST.— veloping the policy under this subsection, poses of certain hiring deci- ‘‘(1) IN GENERAL.—Not later than 30 days the Secretary may consult or receive assist- sions. after the date on which the President sub- ance from such Federal, State, local, and na- Sec. 743. Direct hire authority. mits to Congress a budget for a fiscal year tional organizations and subject matter ex- PART III—APPOINTMENTS AND PROMOTION OF pursuant to section 1105 of title 31, the Mari- perts as the Secretary considers appropriate. OFFICERS time Administrator shall submit a Maritime ‘‘(b) DEVELOPMENT PROGRAM.— Sec. 751. Appointments. Administration authorization request with ‘‘(1) IN GENERAL.—The Secretary of Trans- Sec. 752. Personnel boards. respect to such fiscal year to the Committee portation shall ensure that the development Sec. 753. Delegation of authority. on Commerce, Science, and Transportation program of the United States Merchant Ma- Sec. 754. Assistant Administrator of the Of- of the Senate and the Committee on Trans- rine Academy includes a section that— fice of Marine and Aviation Op- portation and Infrastructure of the House of ‘‘(A) describes the relationship between erations. Representatives. honor, respect, and character development Sec. 755. Temporary appointments. ‘‘(2) DEFINED TERM.—In this subsection, the and the prevention of sexual harassment and Sec. 756. Officer candidates. term ‘Maritime Administration authoriza- sexual assault at the Academy; and Sec. 757. Procurement of personnel. tion request’ means a proposal for legislation ‘‘(B) includes a brief history of the problem PART IV—SEPARATION AND RETIREMENT OF that, with respect to the Maritime Adminis- of sexual harassment and sexual assault in OFFICERS tration for the relevant fiscal year— the merchant marine, in the Armed Forces, ‘‘(A) recommends authorizations of appro- Sec. 761. Involuntary retirement or separa- and at the Academy; and priations for that fiscal year; and tion. ‘‘(C) includes information relating to re- ‘‘(B) addresses any other matter that the Sec. 762. Separation pay. porting sexual harassment and sexual as- Maritime Administrator determines is ap- sault, victims’ rights, and dismissal for of- Subtitle C—Hydrographic Services propriate for inclusion in a Maritime Admin- fenders. Sec. 771. Reauthorization of Hydrographic istration authorization bill.’’. ‘‘(2) TRAINING.—The Superintendent of the Services Improvement Act of TITLE II—PREVENTION OF SEXUAL HAR- Academy shall ensure that all cadets receive 1998. ASSMENT AND ASSAULT AT THE UNITED the training described in paragraph (1)— TITLE I—MARITIME ADMINISTRATION STATES MERCHANT MARINE ACADEMY ‘‘(A) not later than 7 days after their ini- AUTHORIZATION SEC. 201. ACTIONS TO ADDRESS SEXUAL HARASS- tial arrival at the Academy; and SEC. 101. AUTHORIZATION OF THE MARITIME AD- MENT AND SEXUAL ASSAULT AT THE ‘‘(B) biannually thereafter until they grad- MINISTRATION. UNITED STATES MERCHANT MARINE uate or leave the Academy. ACADEMY. There are authorized to be appropriated to ‘‘(c) ANNUAL ASSESSMENT.— the Department of Transportation for fiscal (a) POLICY.—Chapter 513 of title 46, United ‘‘(1) IN GENERAL.—The Secretary of Trans- year 2017, to be available without fiscal year States Code, is amended by adding at the end portation, in cooperation with the Super- limitation if so provided in appropriations the following: intendent of the Academy, shall conduct an Acts, for programs associated with maintain- ‘‘§ 51318. Policy on sexual harassment and assessment at the Academy during each ing the United States merchant marine, the sexual assault Academy program year to determine the ef- following amounts: ‘‘(a) REQUIRED POLICY.— fectiveness of the policies, procedures, and (1) For expenses necessary for operations of ‘‘(1) IN GENERAL.—The Secretary of Trans- training of the Academy with respect to sex- the United States Merchant Marine Acad- portation shall direct the Superintendent of ual harassment and sexual assault involving emy, $99,902,000, of which— the United States Merchant Marine Acad- cadets or other Academy personnel. (A) $74,851,000 shall be for Academy oper- emy to prescribe a policy on sexual harass- ‘‘(2) BIENNIAL SURVEY.—For each assess- ations; and ment and sexual assault applicable to the ca- ment of the Academy under paragraph (1) (B) $25,051,000 shall remain available until dets and other personnel of the Academy. during an Academy program year that be- expended for capital asset management at ‘‘(2) MATTERS TO BE SPECIFIED IN POLICY.— gins in an odd-numbered calendar year, the the Academy. The policy on sexual harassment and sexual Secretary shall conduct a survey of cadets (2) For expenses necessary to support the assault prescribed under this subsection and other Academy personnel— State maritime academies, $29,550,000, of shall include— ‘‘(A) to measure— which— ‘‘(A) a program to promote awareness of ‘‘(i) the incidence, during that program (A) $2,400,000 shall remain available until the incidence of rape, acquaintance rape, and year, of sexual harassment and sexual as- September 30, 2018, for the Student Incentive other sexual offenses of a criminal nature sault events, on or off the Academy campus, Program; that involve cadets or other Academy per- that have been reported to officials of the (B) $3,000,000 shall remain available until sonnel; Academy; and expended for direct payments to such acad- ‘‘(B) procedures that a cadet should follow ‘‘(ii) the incidence, during that program emies; in the case of an occurrence of sexual harass- year, of sexual harassment and sexual as- (C) $22,000,000 shall remain available until ment or sexual assault, including— sault events, on or off the Academy campus, expended for maintenance and repair of ‘‘(i) specifying the person or persons to that have not been reported to officials of State maritime academy training vessels; whom an alleged occurrence of sexual har- the Academy; and

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.044 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4739 ‘‘(B) to assess the perceptions of cadets and States Code, is amended by adding at the end ‘‘51319. Sexual assault response coordinators other Academy personnel on— the following: and sexual assault victim advo- ‘‘(i) the policies, procedures, and training ‘‘51318. Policy on sexual harassment and sex- cates.’’. on sexual harassment and sexual assault in- ual assault.’’. SEC. 203. REPORT FROM THE DEPARTMENT OF volving cadets or Academy personnel; SEC. 202. SEXUAL ASSAULT RESPONSE COORDI- TRANSPORTATION INSPECTOR GEN- ‘‘(ii) the enforcement of the policies de- NATORS AND SEXUAL ASSAULT VIC- ERAL. scribed in clause (i); TIM ADVOCATES. (a) IN GENERAL.—Not later than March 31, ‘‘(iii) the incidence of sexual harassment (a) COORDINATORS AND ADVOCATES.—Chap- 2018, the Inspector General of the Depart- and sexual assault involving cadets or Acad- ter 513 of title 46, United States Code, as ment of Transportation shall submit a report emy personnel; and amended by section 201, is further amended to the Committee on Commerce, Science, ‘‘(iv) any other issues relating to sexual by adding at the end the following: and Transportation of the Senate and the Committee on Transportation and Infra- harassment and sexual assault involving ca- ‘‘§ 51319. Sexual assault response coordina- structure of the House of Representatives dets or Academy personnel. tors and sexual assault victim advocates ‘‘(3) FOCUS GROUPS FOR YEARS WHEN SURVEY that describes the effectiveness of the sexual ‘‘(a) SEXUAL ASSAULT RESPONSE COORDINA- NOT REQUIRED.—In any year in which the harassment and sexual assault prevention TORS.—The United States Merchant Marine Secretary of Transportation is not required and response program at the United States to conduct the survey described in paragraph Academy shall employ or contract with at Merchant Marine Academy. (2), the Secretary shall conduct focus groups least 1 full-time sexual assault response co- (b) CONTENTS.—The report required under at the Academy for the purposes of ordinator who shall reside on or near the subsection (a) shall— ascertaining information relating to sexual Academy. The Secretary of Transportation (1) assess progress toward addressing any assault and sexual harassment issues at the may assign additional full-time or part-time outstanding recommendations; Academy. sexual assault response coordinators at the (2) include any recommendations to reduce ‘‘(d) ANNUAL REPORT.— Academy as may be necessary. the number of sexual assaults involving ‘‘(1) IN GENERAL.—The Superintendent of ‘‘(b) VOLUNTEER SEXUAL ASSAULT VICTIM members of the United States Merchant Ma- the Academy shall submit a report to the ADVOCATES.— rine Academy, whether a member is the vic- Secretary of Transportation that provides ‘‘(1) IN GENERAL.—The Secretary of Trans- tim, the alleged assailant, or both; information about sexual harassment and portation, acting through the Super- (3) include any recommendations to im- sexual assault involving cadets or other per- intendent of the United States Merchant Ma- prove the response of the Department of sonnel at the Academy for each Academy rine Academy, shall designate 1 or more per- Transportation and the United States Mer- program year. manent employees who volunteer to serve as chant Marine Academy to reports of sexual ‘‘(2) CONTENTS.—Each report submitted advocates for victims of sexual assaults in- assaults involving members of the Academy, under paragraph (1) shall include, for the volving— whether a members is the victim, the alleged Academy program year covered by the re- ‘‘(A) cadets of the Academy; or assailant, or both. port— ‘‘(B) individuals who work with or conduct (c) EXPERTISE.—In compiling the report re- ‘‘(A) the number of sexual assaults, rapes, business on behalf of the Academy. quired under this section, the inspection and other sexual offenses involving cadets or ‘‘(2) TRAINING; OTHER DUTIES.—Each victim teams acting under the direction of the In- other Academy personnel that have been re- advocate designated under this subsection spector General shall— ported to Academy officials; shall— (1) include at least 1 member with exper- ‘‘(B) the number of the reported cases de- ‘‘(A) have or receive training in matters re- tise and knowledge of sexual assault preven- scribed in subparagraph (A) that have been lating to sexual assault and the comprehen- tion and response policies; or substantiated; sive policy developed under section 51318 of (2) consult with subject matter experts in ‘‘(C) the policies, procedures, and training title 46, United States Code; and the prevention of and response to sexual as- implemented by the Superintendent and the ‘‘(B) serve as a victim advocate volun- saults. leadership of the Academy in response to tarily, in addition to the individual’s other SEC. 204. SEXUAL ASSAULT PREVENTION AND RE- sexual harassment and sexual assault involv- duties as an employee of the Academy. SPONSE WORKING GROUP. ing cadets or other Academy personnel; and ‘‘(3) PRIMARY DUTIES.—While performing (a) IN GENERAL.—Not later than 90 days ‘‘(D) a plan for the actions that will be the duties of a victim advocate under this after the date of the enactment of this Act, taken in the following Academy program subsection, a designated employee shall— the Maritime Administrator shall convene a year regarding prevention of, and response ‘‘(A) support victims of sexual assault by working group to examine methods to im- to, sexual harassment and sexual assault in- informing them of the rights and resources prove the prevention of, and response to, any volving cadets or other Academy personnel. available to them as victims; sexual harassment or sexual assault that oc- ‘‘(3) SURVEY AND FOCUS GROUP RESULTS.— ‘‘(B) identify additional resources to en- curs during a Cadet’s Sea Year experience ‘‘(A) SURVEY RESULTS.—Each report under sure the safety of victims of sexual assault; with the United States Merchant Marine paragraph (1) for an Academy program year and Academy. that begins in an odd-numbered calendar ‘‘(C) connect victims of sexual assault to (b) MEMBERSHIP.—The Maritime Adminis- year shall include the results of the survey an Academy sexual assault response coordi- trator shall designate individuals to serve as conducted in that program year under sub- nator, or full-time or part-time victim advo- members of the working group convened pur- section (c)(2). cate, who shall act as a companion in navi- suant to subsection (a). Membership in the ‘‘(B) FOCUS GROUP RESULTS.—Each report gating investigative, medical, mental and working group shall consist of— under paragraph (1) for an Academy program emotional health, and recovery processes re- (1) a representative of the Maritime Ad- year in which the Secretary of Transpor- lating to sexual assault. ministration, which shall serve as chair of tation is not required to conduct the survey ‘‘(4) COMPANION.—At least 1 victim advo- the working group; described (c)(2) shall include the results of cate designated under this subsection, while (2) the Superintendent of the Academy, or the focus group conducted in that program performing the duties of a victim advocate, designee; year under subsection (c)(3). shall act as a companion in navigating inves- (3) the sexual assault response coordinator ‘‘(4) REPORTING REQUIREMENT.— tigative, medical, mental and emotional appointed under section 51319 of title 46, ‘‘(A) BY THE SUPERINTENDENT.—For each health, and recovery processes relating to United States Code, as added by section 202; incident of sexual harassment or sexual as- sexual assault. (4) a subject matter expert from the Coast sault reported to the Superintendent under ‘‘(5) HOTLINE.—The Secretary shall estab- Guard; this subsection, the Superintendent shall lish a 24-hour hotline through which the vic- (5) a subject matter expert from the Mili- provide the Secretary of Transportation and tim of a sexual assault can receive victim tary Sealift Command; the Board of Visitors of the Academy with a support services. (6) at least 1 representative from each of report that includes— ‘‘(6) FORMAL RELATIONSHIPS WITH OTHER EN- the State maritime academies; ‘‘(i) the facts surrounding the incident, ex- TITIES.—The Secretary may enter into for- (7) at least 1 representative from each pri- cept for any details that would reveal the mal relationships with other entities to vate contracting party participating in the identities of the people involved; and make available additional victim advocates maritime security program; ‘‘(ii) the Academy’s response to the inci- or to implement paragraphs (3), (4), and (5). (8) at least 1 representative from each non- dent. ‘‘(7) CONFIDENTIALITY.—Information dis- profit labor organization representing a class ‘‘(B) BY THE SECRETARY.—The Secretary closed by a victim to an advocate designated or craft of employees employed on vessels in shall submit a copy of each report received under this subsection— the Maritime Security Fleet; under subparagraph (A) and the Secretary’s ‘‘(A) shall be treated by the advocate as (9) at least 2 representatives from approved comments on the report to the Committee confidential; and maritime training institutions; and on Commerce, Science, and Transportation ‘‘(B) may not be disclosed by the advocate (10) at least 1 representative from compa- of the Senate and the Committee on Trans- without the consent of the victim.’’. nies that— portation and Infrastructure of the House of (b) CLERICAL AMENDMENT.—The table of (A) participate in sea training of Academy Representatives.’’. sections for chapter 513 of title 46, United cadets; and (b) CLERICAL AMENDMENT.—The table of States Code, is amended by adding at the end (B) do not participate in the maritime se- sections for chapter 513 of title 46, United the following: curity program.

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(c) NO QUORUM REQUIREMENT.—The Mari- (2) by adding at the end the following: FLEET VESSEL.—The Secretary of Defense, in time Administration may convene the work- ‘‘(g) VESSEL STATUS.—Ships or other conjunction with the Secretary of Transpor- ing group without all members present. watercraft in the National Defense Reserve tation, may extend the maximum age re- (d) RESPONSIBILITIES.—The working group Fleet determined by the Maritime Adminis- strictions under sections 53101(5)(A)(ii) and shall— tration to be of insufficient value to remain 53106(c)(3) for a particular participating fleet (1) evaluate options that could promote a in the National Defense Reserve Fleet— vessel for up to 5 years if the Secretary of climate of honor and respect, and a culture ‘‘(1) shall remain vessels (as defined in sec- Defense and the Secretary of Transportation that is intolerant of sexual harassment and tion 3 of title 1); and jointly determine that such extension is in sexual assault and those who commit it, ‘‘(2) shall remain subject to the rights and the national interest.’’. across the United States Flag Fleet; responsibilities of a vessel under admiralty (b) REPEAL OF UNNECESSARY AGE LIMITA- (2) raise awareness of the United States law until such time as the vessel is delivered TION.—Section 53106(c)(3) of such title is Merchant Marine Academy’s sexual assault to a dismantling facility or is otherwise dis- amended— prevention and response program across the posed of from the National Defense Reserve (1) in subparagraph (A), by striking ‘‘or United States Flag Fleet; Fleet.’’. (C);’’ and inserting ‘‘; or’’; (3) assess options that could be imple- SEC. 302. PORT INFRASTRUCTURE DEVELOP- (2) in subparagraph (B), by striking ‘‘; or’’ mented by the United States Flag Fleet that MENT. at the end and inserting a period; and would remove any barriers to the reporting Section 50302(c)(4) of title 46, United States (3) by striking subparagraph (C). of sexual harassment and sexual assault re- Code, is amended— SEC. 305. APPOINTMENTS. sponse that occur during a Cadet’s Sea Year (1) by striking ‘‘There are authorized’’ and (a) IN GENERAL.—Section 51303 of title 46, experience and protect the victim’s confiden- inserting the following: United States Code, is amended by striking tiality; ‘‘(A) IN GENERAL.—There are authorized’’; ‘‘40’’ and inserting ‘‘50’’. (4) assess a potential program or policy, and (b) CLASS PROFILE.—Not later than August applicable to all participants of the mari- (2) by adding at the end the following: 31 of each year, the Superintendent of the time security program, to improve the pre- ‘‘(B) ADMINISTRATIVE EXPENSES.—Except as United States Merchant Marine Academy vention of, and response to, sexual harass- otherwise provided by law, the Adminis- shall post on the Academy’s public website a ment and sexual assault incidents; trator may use not more than 3 percent of summary profile of each class at the Acad- (5) assess a potential program or policy, the amounts appropriated to carry out this emy. applicable to all vessels operating in the section for the administrative expenses of (c) CONTENTS.—Each summary profile post- United States Flag Fleet that participate in the program.’’. ed under subsection (b) shall include, for the the Maritime Security Fleet under section SEC. 303. STATE MARITIME ACADEMY PHYSICAL incoming class and for the 4 classes that pre- 53101 of title 46, United States Code, which STANDARDS AND REPORTING. cede the incoming class, the number and per- carry cargos to which chapter 531 of such Section 51506 of title 46, United States centage of students— title applies, or are chartered by a Federal Code, is amended— (1) by State; agency, requiring crews to complete a sexual (1) in subsection (a)— (2) by country; harassment and sexual assault prevention (A) in the matter preceding paragraph (1), (3) by gender; and response training program before the Ca- by striking ‘‘must’’ and inserting ‘‘shall’’; (4) by race and ethnicity; and det’s Sea Year that includes— (B) in paragraph (2), by striking ‘‘and’’ at (5) with prior military service. the end; (A) fostering a shipboard climate— SEC. 306. HIGH-SPEED CRAFT CLASSIFICATION (i) that does not tolerate sexual harass- (C) in paragraph (3), by striking the period SERVICES. at the end and inserting ‘‘; and’’; and ment and sexual assault; (a) IN GENERAL.—Notwithstanding section (D) by adding at the end the following: (ii) in which persons assigned to vessel 3316(a) of title 46, United States Code, the ‘‘(4) agree that any individual enrolled at crews are encouraged to intervene to prevent Secretary of the Navy may use the services such State maritime academy in a merchant potential incidents of sexual harassment or of an approved classification society for only marine officer preparation program— sexual assault; and a high-speed craft that— ‘‘(A) shall, not later than 9 months after (iii) that encourages victims of sexual as- (1) was acquired by the Secretary from the each such individual’s date of enrollment, sault to report any incident of sexual harass- Maritime Administration; pass an examination in form and substance ment or sexual assault; and (2) is not a high-speed naval combatant, satisfactory to the Secretary that dem- (B) understanding the needs of, and the re- patrol vessel, expeditionary vessel, or other onstrates that such individual meets the sources available to, a victim after an inci- special purpose military or law enforcement medical and physical requirements— dent of sexual harassment or sexual assault; vessel; ‘‘(i) required for the issuance of an original (6) assess whether the United States Mer- (3) is operated for commercial purposes; license under section 7101; or chant Marine Academy should continue with (4) is not operated or crewed by any depart- ‘‘(ii) set by the Coast Guard for issuing sea year training on privately owned vessels ment, agency, instrumentality, or employee merchant mariners’ documentation under or change its curricula to provide alternative of the United States Government; section 7302, with no limit to his or her oper- training; and (5) is not directly engaged in any mission ational authority; (7) assess how vessel operators could en- or other operation for or on behalf of any de- ‘‘(B) following passage of the examination sure the confidentiality of a report of sexual partment, agency, instrumentality, or em- under subparagraph (A), shall continue to harassment or sexual assault in order to pro- ployee of the United States Government; and meet the requirements or standards de- tect the victim and prevent retribution. (6) is not primarily designed to carry scribed in subparagraph (A) throughout the (e) REPORT.—Not later than 15 months freight owned, leased, used, or contracted for remainder of their respective enrollments at after the date of the enactment of this Act, or by the United States Government. the State maritime academy; and the working group shall submit a report to (b) DEFINITION OF APPROVED CLASSIFICA- ‘‘(C) if the individual has a medical or the Committee on Commerce, Science, and TION SOCIETY.—In this section, the term ‘‘ap- Transportation of the Senate and the Com- physical condition that disqualifies him or proved classification society’’ means a clas- mittee on Transportation and Infrastructure her from meeting the requirements or stand- sification society that has been approved by of the House of Representatives that in- ards referred to in subparagraph (A), shall be the Secretary of the department in which cludes— transferred to a program other than a mer- the Coast Guard is operating under section (1) recommendations on each of the work- chant marine officer preparation program, or 3316(c) of title 46, United States Code. otherwise appropriately disenrolled from ing group’s responsibilities described in sub- (c) SAVINGS CLAUSE.—Nothing in this sec- section (d); such State maritime academy, until the in- tion may be construed to affect the require- (2) the trade-offs, opportunities, and chal- dividual demonstrates to the Secretary that ments under section 3316 of title 46, United lenges associated with the recommendations the individual meets such requirements or States Code, for a high-speed craft that does made in paragraph (1); and standards.’’; and not meet the conditions under paragraphs (1) (3) any other information the working (2) by adding at the end the following: through (6) of subsection (a). group determines appropriate. ‘‘(c) SECRETARIAL WAIVER AUTHORITY.—The Secretary is authorized to modify or waive SEC. 307. MARITIME WORKFORCE WORKING TITLE III—MARITIME ADMINISTRATION any of the terms set forth in subsection (a)(4) GROUP. ENHANCEMENT with respect to any individual or State mari- (a) IN GENERAL.—Not later than 90 days SEC. 301. STATUS OF NATIONAL DEFENSE RE- time academy.’’. after the date of the enactment of this Act, SERVE FLEET VESSELS. the Secretary of Transportation shall con- SEC. 304. AUTHORITY TO EXTEND CERTAIN AGE Section 4405 of title 50, United States Code, RESTRICTIONS RELATING TO VES- vene a working group to examine and assess is amended— SELS PARTICIPATING IN THE MARI- the size of the pool of citizen mariners nec- (1) in subsection (a), by adding at the end TIME SECURITY FLEET. essary to support the United States Flag the following: ‘‘Vessels in the National De- (a) IN GENERAL.—Section 53102 of title 46, Fleet in times of national emergency. fense Reserve Fleet, including vessels loaned United States Code, is amended by adding at (b) MEMBERSHIP.—The Maritime Adminis- to State maritime academies, shall be con- the end the following: trator shall designate individuals to serve as sidered public vessels of the United States.’’; ‘‘(g) AUTHORITY FOR EXTENSION OF MAX- members of the working group convened and IMUM SERVICE AGE FOR A PARTICIPATING under subsection (a). The working group

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shall include, at a minimum, the following (1) the number of United States citizen (d) CESSATION OF EFFECTIVENESS.—This members: mariners identified for each category de- section ceases to be effective on the date (1) At least 1 representative of the Mari- scribed in subparagraphs (A) through (G) of that is 5 years after the date of enactment of time Administration, who shall serve as subsection (d)(1); this Act. chairperson of the working group. (2) the results of the assessments con- SEC. 309. MARITIME EXTREME WEATHER TASK (2) At least 1 subject matter expert from ducted under paragraphs (2) and (3) of sub- FORCE. the United States Merchant Marine Acad- section (d); and (a) ESTABLISHMENT OF TASK FORCE.—Not emy. (3) the recommendations made under sub- later than 15 days after the date of enact- (3) At least 1 subject matter expert from section (d)(4). ment of this Act, the Secretary of Transpor- the Coast Guard. SEC. 308. VESSEL DISPOSAL PROGRAM. tation shall establish a task force to analyze (4) At least 1 subject matter expert from (a) ANNUAL REPORT.—Not later than Janu- the impact of extreme weather events, such the Military Sealift Command. ary 1 of each year, the Administrator of the as in the maritime environment (referred to (5) 1 subject matter expert from each of the Maritime Administration shall submit to the in this section as the ‘‘Task Force’’). State maritime academies. Committee on Commerce, Science, and (b) MEMBERSHIP.—The Task Force shall be (6) At least 1 representative from each non- Transportation of the Senate and the Com- composed of— profit labor organization representing a class mittee on Transportation and Infrastructure (1) the Secretary or the Secretary’s des- or craft of employees (licensed or unlicensed) of the House of Representatives a report on ignee; and who are employed on vessels operating in the the management of the vessel disposal pro- (2) a representative of— United States Flag Fleet. gram of the Maritime Administration. (A) the Coast Guard; (7) At least 4 representatives of owners of (b) CONTENTS.—The report under sub- (B) the National Oceanic and Atmospheric vessels operating the in United States Flag section (a) shall include— Administration; Fleet, or their private contracting parties, (1) the total amount of funds credited in (C) the Federal Maritime Commission; and which are primarily operating in non-contig- the prior fiscal year to— (D) such other Federal agency or inde- uous or coastwise trades. (A) the Vessel Operations Revolving Fund pendent commission as the Secretary con- (8) At least 4 representatives of owners of established by section 50301(a) of title 46, siders appropriate. vessels operating the in United States Flag United States Code; and (c) REPORT.— Fleet, or their private contracting parties, (B) any other account attributable to the (1) IN GENERAL.—Except as provided in which are primarily operating in inter- vessel disposal program of the Maritime Ad- paragraph (4), not later than 180 days after national transportation. ministration; the date it is established under subsection (c) NO QUORUM REQUIREMENT.—The Mari- (2) the balance of funds available at the (a), the Task Force shall submit to the Com- time Administration may convene the work- end of that fiscal year in— mittee on Commerce, Science, and Transpor- ing group without all members present. (A) the Vessel Operations Revolving Fund; tation of the Senate and the Committee on (d) RESPONSIBILITIES.—The working group and Transportation and Infrastructure of the shall— (B) any other account described in para- House of Representatives a report on the (1) identify the number of United States graph (1)(B); analysis under subsection (a). citizen mariners— (3) in consultation with the Secretary of (2) CONTENTS.—The report under paragraph (A) in total; the Interior, the total number of— (1) shall include— (B) that have a valid United States Coast (A) grant applications under the National (A) an identification of available weather Guard merchant mariner credential with the Maritime Heritage Grants Program in the prediction, monitoring, and routing tech- necessary endorsements for service on un- prior fiscal year; and nology resources; limited tonnage vessels subject to the Inter- (B) the applications under subparagraph (B) an identification of industry best prac- national Convention on Standards of Train- (A) that were approved by the Secretary of tices relating to response to, and prevention ing, Certification and Watchkeeping for Sea- the Interior, acting through the National of marine casualties from, extreme weather farers, 1978, as amended; Maritime Initiative of the National Park events; (C) that are involved in Federal programs Service; (C) a description of how the resources de- that support the United States Merchant (4) a detailed description of each project scribed in subparagraph (A) are used in the Marine and United States Flag Fleet; funded under the National Maritime Herit- various maritime sectors, including by pas- (D) that are available to crew the United age Grants Program in the prior fiscal year senger and cargo vessels; States Flag Fleet and the surge sealift fleet for which funds from the Vessel Operations (D) recommendations for improving mari- in times of a national emergency; Revolving Funds were obligated, including time response operations to extreme weather (E) that are full-time mariners; the information described in paragraphs (1) events and preventing marine casualties (F) that have sailed in the prior 18 months; through (3) of section 308703(j) of title 54, from extreme weather events, such as pro- and United States Code; and moting the use of risk communications and (G) that are primarily operating in non- (5) a detailed description of the funds cred- the technologies identified under subpara- contiguous or coastwise trades; ited to and distributions from the Vessel Op- graph (A); and (2) assess the impact on the United States erations Revolving Funds in the prior fiscal (E) recommendations for any legislative or Merchant Marine and United States Mer- year. regulatory actions for improving maritime chant Marine Academy if graduates from (c) ASSESSMENTS.— response operations to extreme weather State maritime academies and the United (1) IN GENERAL.—Not later than 1 year after events and preventing marine casualties States Merchant Marine Academy were as- the date of enactment of this Act, and bien- from extreme weather events. signed to, or required to fulfill, certain mari- nially thereafter, the Administrator shall as- (3) PUBLICATION.—The Secretary shall time positions based on the overall needs of sess the vessel disposal program of the Mari- make the report under paragraph (1) and any the United States Merchant Marine; time Administration. notification under paragraph (4) publicly ac- (3) assess the Coast Guard Merchant Mar- (2) CONTENTS.—Each assessment under cessible in an electronic format. iner Licensing and Documentation System, paragraph (1) shall include— (4) IMMINENT THREATS.—The Task Force which tracks merchant mariner credentials (A) an inventory of each vessel, subject to shall immediately notify the Secretary of and medical certificates, and its accessi- a disposal agreement, for which the Mari- any finding or recommendations that could bility and value to the Maritime Administra- time Administration acts as the disposal protect the safety of an individual on a ves- tion for the purposes of evaluating the pool agent, including— sel from an imminent threat of extreme of United States citizen mariners; and (i) the age of the vessel; and weather. (4) make recommendations to enhance the (ii) the name of the Federal agency with (d) AUTHORIZATION OF APPROPRIATIONS.— availability and quality of interagency data, which the Maritime Administration has en- There are authorized to be appropriated such including data from the United States Trans- tered into a disposal agreement; sums as may be necessary to carry out this portation Command, the Coast Guard, and (B) a description of each vessel of a Federal section. the Bureau of Transportation Statistics, for agency that may meet the criteria for the TITLE IV—IMPLEMENTATION OF WORK- use by the Maritime Administration for eval- Maritime Administration to act as the dis- FORCE MANAGEMENT IMPROVEMENTS uating the pool of United States citizen posal agent, including— SEC. 401. WORKFORCE PLANS AND ONBOARDING mariners. (i) the age of the vessel; and POLICIES. (e) REPORT.—Not later than 1 year after (ii) the name of the applicable Federal (a) WORKFORCE PLANS.—Not later than 9 the date of the enactment of this Act, the agency; months after the date of the enactment of Secretary of Transportation shall submit a (C) the Maritime Administration’s plan to this Act, the Maritime Administrator shall report to the Committee on Commerce, serve as the disposal agent, as appropriate, review the Maritime Administration’s work- Science, and Transportation of the Senate for the vessels described in subparagraph (B); force plans, including its Strategic Human and the Committee on Transportation and and Capital Plan and Leadership Succession Infrastructure of the House of Representa- (D) any other information related to the Plan, and fully implement competency mod- tives that contains the results of the study vessel disposal program that the Adminis- els for mission–critical occupations, includ- conducted under this section, including— trator determines appropriate. ing—

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.044 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4742 CONGRESSIONAL RECORD — SENATE June 29, 2016 (1) leadership positions; ‘‘§ 520. Prospective payment of funds nec- 2015 (subtitle B of title V of Public Law 114– (2) human resources positions; and essary to provide medical care 120) is amended by striking ‘‘Lots’’ and in- (3) transportation specialist positions. ‘‘(a) PROSPECTIVE PAYMENT REQUIRED.—In serting ‘‘Not later than 30 days after the date (b) ONBOARDING POLICIES.—Not later than 9 lieu of the reimbursement required under of the enactment of the National Defense months after the date of the enactment of section 1085 of title 10, the Secretary of Authorization Act for Fiscal Year 2017, lots’’. this Act, the Administrator shall— Homeland Security shall make a prospective (b) REPORT.—Not later than 60 days after (1) review the Maritime Administration’s payment to the Secretary of Defense of an the date of the enactment of the Maritime policies related to new hire orientation, amount that represents the actuarial valu- Administration Authorization and Enhance- training, and misconduct policies; ation of treatment or care— ment Act for Fiscal Year 2017, the Secretary (2) align the onboarding policies and proce- ‘‘(1) that the Department of Defense shall of the department in which the Coast Guard dures at headquarters and the field offices to provide to members of the Coast Guard, is operating shall submit a report to the ensure consistent implementation and provi- former members of the Coast Guard, and de- Committee on Commerce, Science, and sion of critical information across the Mari- pendents of such members and former mem- Transportation of the Senate, the Com- time Administration; and bers (other than former members and de- mittee on Natural Resources of the House of (3) update the Maritime Administration’s pendents of former members who are a Medi- Representatives, and the Committee on training policies and training systems to in- care-eligible beneficiary or for whom the Transportation and Infrastructure of the clude controls that ensure that all completed payment for treatment or care is made from House of Representatives that describes— training is tracked in a standardized train- the Medicare-Eligible Retiree Health Care (1) the Coast Guard’s use of Tracts 43 and ing repository. Fund) at facilities under the jurisdiction of 39, located on St. Paul Island, Alaska, since (c) ONBOARDING POLICIES.—Not later than 1 the Department of Defense or a military de- operation of the LORAN-C system was ter- year after the date of the enactment of this partment; and minated; Act, the Administrator shall submit a report ‘‘(2) for which a reimbursement would oth- (2) the Coast Guard’s plans for using the to the Committee on Commerce, Science, erwise be made under such section 1085. tracts described in paragraph (1) during fis- and Transportation of the Senate and the ‘‘(b) AMOUNT.—The amount of the prospec- cal years 2016, 2017, and 2018; and Committee on Transportation and Infra- tive payment under subsection (a)— (3) the Coast Guard’s plans for using the structure of the House of Representatives ‘‘(1) shall be derived from amounts appro- tracts described in paragraph (1) and other that describes the Maritime Administra- priated for the operating expenses of the facilities on St. Paul Island after fiscal year tion’s compliance with the requirements Coast Guard for treatment or care provided 2018. under this section. to members of the Coast Guard and their de- SEC. 402. DRUG AND ALCOHOL POLICY. pendents; TITLE VI—POLAR ICEBREAKER FLEET (a) REVIEW.—Not later than 9 months after ‘‘(2) shall be derived from amounts appro- RECAPITALIZATION TRANSPARENCY ACT the date of the enactment of this Act, the priated for retired pay for treatment or care SEC. 601. SHORT TITLE. Maritime Administrator shall— provided to former members of the Coast This title may be cited as the ‘‘Polar Ice- (1) review the Maritime Administration’s Guard and their dependents; drug and alcohol policies, procedures, and breaker Fleet Recapitalization Transparency ‘‘(3) shall be determined under procedures Act’’. training practices; established by the Secretary of Defense; (2) ensure that all fleet managers have re- ‘‘(4) shall be paid during the fiscal year in SEC. 602. DEFINITIONS. ceived training on the Department of Trans- which treatment or care is provided; and In this title: portation’s drug and alcohol policy, includ- ‘‘(5) shall be subject to adjustment or rec- (1) APPROPRIATE COMMITTEES OF CON- ing the testing procedures used by the De- onciliation, as the Secretary of Homeland GRESS.—The term ‘‘appropriate committees partment and the Maritime Administration Security and the Secretary of Defense joint- of Congress’’ means the Committee on Com- in cases of reasonable suspicion; and ly determine appropriate, during or prompt- merce, Science, and Transportation of the (3) institute a system for tracking all drug ly after such fiscal year if the prospective Senate and the Committee on Transpor- and alcohol policy training conducted under payment is determined excessive or insuffi- tation and Infrastructure of the House of paragraph (2) in a standardized training re- cient based on the services actually pro- Representatives. pository. vided. (2) SECRETARY.—Except as otherwise spe- (b) REPORT.—Not later than 1 year after ‘‘(c) NO PROSPECTIVE PAYMENT WHEN SERV- cifically provided, the term ‘‘Secretary’’ the date of the enactment of this Act, the ICE IN NAVY.—No prospective payment shall means the Secretary of the department in Administrator shall submit a report to the be made under this section for any period which the Coast Guard is operating. Committee on Commerce, Science, and during which the Coast Guard operates as a Transportation of the Senate and the Com- SEC. 603. POLAR ICEBREAKER RECAPITALIZA- service in the Navy. TION PLAN. mittee on Transportation and Infrastructure ‘‘(d) RELATIONSHIP TO TRICARE.—This sec- (a) REQUIREMENT.—Not later than 120 days of the House of Representatives that de- tion may not be construed to require a pay- scribes the Maritime Administration’s com- ment for, or the prospective payment of an after the date of the enactment of this Act, pliance with the requirements under this amount that represents the value of, treat- the Secretary, in consultation with the Sec- section. ment or care provided under any TRICARE retary of the Navy, shall submit to the ap- SEC. 403. VESSEL TRANSFERS. program.’’. propriate committees of Congress, a detailed Not later than 9 months after the date of (b) CLERICAL AMENDMENT.—The analysis recapitalization plan to meet the 2013 De- the enactment of this Act, the Maritime Ad- for chapter 13 of title 14, United States Code, partment of Homeland Security Mission ministrator shall submit a report to the is amended by adding at the end the fol- Need Statement. Committee on Commerce, Science, and lowing: (b) CONTENTS.—The plan required under Transportation of the Senate and the Com- ‘‘520. Prospective payment of funds necessary subsection (a) shall— mittee on Transportation and Infrastructure to provide medical care.’’. (1) detail the number of heavy and medium polar icebreakers required to meet Coast of the House of Representatives that de- (c) REPEAL.—Section 217 of the Coast scribes the policies and procedures for vessel Guard Authorization Act of 2016 (Public Law Guard statutory missions in the polar re- transfer, including— 114–120) and the item relating to that section gions; (1) a summary of the actions taken to up- in the table of contents in section 2 of such (2) identify the vessel specifications, capa- date the Vessel Transfer Office procedures Act, are repealed. bilities, systems, equipment, and other de- manual to reflect the current range of pro- SEC. 503. TECHNICAL CORRECTIONS TO TITLE 46, tails required for the design of heavy polar gram responsibilities and processes; and UNITED STATES CODE. icebreakers capable of fulfilling the mission (2) a copy of the updated Vessel Transfer (a) IN GENERAL.—Title 46, United States requirements of the Coast Guard and the Office procedures to process vessel transfer Code, is amended— Navy, and the requirements of other agen- applications. (1) in section 4503(f)(2), by striking ‘‘that’’ cies and department of the United States, as TITLE V—TECHNICAL AMENDMENTS after ‘‘necessary,’’; and the Secretary determines appropriate; (3) list the specific appropriations required SEC. 501. CLARIFYING AMENDMENT; CONTINU- (2) in section 7510(c)— ATION BOARDS. (A) in paragraph (1)(D), by striking ‘‘en- for the acquisition of each icebreaker, for Section 290(a) of title 14, United States gine’’ and inserting ‘‘engineer’’; and each fiscal year, until the full fleet is recapi- Code, is amended by striking ‘‘five officers (B) in paragraph (9), by inserting a period talized; serving in the grade of vice admiral’’ and in- after ‘‘App’’. (4) describe the potential savings of serial serting ‘‘5 officers (other than the Com- (b) EFFECTIVE DATE.—The amendments acquisition for new polar class icebreakers, mandant) serving in the grade of admiral or made by subsection (a) shall take effect on including specific schedule and acquisition vice admiral’’. the date of the enactment of the Coast Guard requirements needed to realize such savings; SEC. 502. PROSPECTIVE PAYMENT OF FUNDS Authorization Act of 2015 (Public Law 114– (5) describe any polar icebreaking capacity NECESSARY TO PROVIDE MEDICAL 120). gaps that may arise based on the current CARE. SEC. 504. COAST GUARD USE OF THE PRIBILOF fleet and current procurement outlook; and (a) IN GENERAL.—Chapter 13 of title 14, ISLANDS. (6) describe any additional polar United States Code, is amended by adding at (a) IN GENERAL.—Section 522(a)(1) of the icebreaking capability gaps due to any fur- the end the following: Pribilof Island Transition Completion Act of ther delay in procurement schedules.

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.044 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4743 SEC. 604. GAO REPORT ICEBREAKING CAPA- (B) a specification of any other person (B) procedure for obtaining assistance and BILITY IN THE UNITED STATES. whom the victim should contact; reporting sexual assault while working in a (a) REQUIREMENT.—Not later than 6 months (3) establishment of a mechanism by remote scientific field camp, at sea, or in an- after the date of the enactment of this Act, which— other field status. the Comptroller General of the United States (A) questions regarding sexual harassment (4) Easy and ready availability of informa- shall submit to the appropriate committees can be confidentially asked and confiden- tion described in paragraph (3). of Congress a report on the current state of tially answered; and (5) Establishing a mechanism by which— the United States Federal polar icebreaking (B) incidents of sexual harassment can be (A) questions regarding sexual assault can fleet. confidentially reported; and be confidentially asked and confidentially (b) CONTENTS.—The report required under (4) a prohibition on retaliation and con- answered; and subsection (a) shall include— sequences for retaliatory actions. (B) incidents of sexual assault can be con- (1) an analysis of the icebreaking assets in (c) CONSULTATION AND ASSISTANCE.—In de- fidentially reported. operation in the United States and a descrip- veloping the policy required by subsection (6) Protocols for the investigation of com- tion of the missions completed by such as- (a), the Secretary may consult or receive as- plaints by command and law enforcement sets; sistance from such State, local, and national personnel. (2) an analysis of how such assets and the organizations and subject matter experts as (7) Prohibiting retaliation and con- capabilities of such assets are consistent, or the Secretary considers appropriate. sequences for retaliatory actions against inconsistent, with the polar icebreaking mis- (d) AVAILABILITY OF POLICY.—The Sec- someone who reports a sexual assault. sion requirements described in the 2013 De- retary shall ensure that the policy developed (8) Oversight by the Under Secretary of ad- partment of Homeland Security Mission under subsection (a) is available to— ministrative and disciplinary actions in re- Need Statement, the Naval Operations Con- (1) all employees of the Administration and sponse to substantial incidents of sexual as- cept 2010, or other military and civilian gov- members of the commissioned officer corps sault. ernmental missions in the United States; of the Administration, including those em- (9) Victim advocacy, including establish- (3) an analysis of the gaps in icebreaking ployees and members who conduct field work ment of and the responsibilities and training capability of the United States based on the for the Administration; and requirements for victim advocates as de- expected service life of the fleet of United (2) the public. scribed in subsection (c). States icebreaking assets; (e) GEOGRAPHIC DISTRIBUTION OF EQUAL EM- (10) Availability of resources for victims of (4) a list of countries that are allies of the PLOYMENT OPPORTUNITY PERSONNEL.—The sexual assault within other Federal agencies Secretary shall ensure that at least 1 em- United States that have the icebreaking ca- and State, local, and national organizations. ployee of the Administration who is tasked pacity to exercise missions in the Arctic dur- (c) VICTIM ADVOCACY.— with handling matters relating to equal em- ing any identified gap in United States (1) IN GENERAL.—The Secretary, acting ployment opportunity or sexual harassment icebreaking capacity in a polar region; and through the Under Secretary, shall establish is stationed— (5) a description of the policy, financial, victim advocates to advocate for victims of (1) in each region in which the Administra- sexual assaults involving employees of the and other barriers that have prevented time- tion conducts operations; and ly recapitalization of the Coast Guard polar Administration, members of the commis- (2) in each marine and aviation center of sioned officer corps of the Administration, icebreaking fleet and recommendations to the Administration. overcome such barriers, including potential and individuals who work with or conduct (f) QUARTERLY REPORTS.— business on behalf of the Administration. international fee-based models used to com- (1) IN GENERAL.—Not less frequently than 4 (2) VICTIM ADVOCATES.—For purposes of pensate governments for icebreaking escorts times each year, the Director of the Civil or maintenance of maritime routes. this subsection, a victim advocate is a per- Rights Office of the Administration shall manent employee of the Administration TITLE VII—NATIONAL OCEANIC AND AT- submit to the Under Secretary a report on who— MOSPHERIC ADMINISTRATION SEXUAL sexual harassment in the Administration. (A) is trained in matters relating to sexual HARASSMENT AND ASSAULT PREVEN- (2) CONTENTS.—Each report submitted assault and the comprehensive policy devel- TION ACT under paragraph (1) shall include the fol- oped under subsection (a); and lowing: SEC. 701. SHORT TITLE. (B) serves as a victim advocate voluntarily (A) Number of sexual harassment cases, This title may be cited as the ‘‘National and in addition to the employee’s other du- both actionable and non-actionable, involv- Oceanic and Atmospheric Administration ties as an employee of the Administration. ing individuals covered by the policy devel- Sexual Harassment and Assault Prevention (3) PRIMARY DUTIES.—The primary duties of oped under subsection (a). Act’’. a victim advocate established under para- (B) Number of open actionable sexual har- Subtitle A—Sexual Harassment and Assault graph (1) shall include the following: assment cases and how long the cases have Prevention at the National Oceanic and At- (A) Supporting victims of sexual assault been open. mospheric Administration and informing them of their rights and the (C) Such trends or region specific issues as resources available to them as victims. SEC. 711. ACTIONS TO ADDRESS SEXUAL HARASS- the Director may have discovered with re- MENT AT NATIONAL OCEANIC AND (B) Acting as a companion in navigating spect to sexual harassment in the Adminis- ATMOSPHERIC ADMINISTRATION. investigative, medical, mental and emo- tration. (a) REQUIRED POLICY.—Not later than 1 tional health, and recovery processes relat- (D) Such recommendations as the Director year after the date of the enactment of this ing to sexual assault. may have with respect to sexual harassment Act, the Secretary of Commerce shall, acting (C) Helping to identify resources to ensure in the Administration. through the Under Secretary for Oceans and the safety of victims of sexual assault. SEC. 712. ACTIONS TO ADDRESS SEXUAL ASSAULT Atmosphere, develop a policy on the preven- (4) LOCATION.—The Secretary shall ensure tion of and response to sexual harassment in- AT NATIONAL OCEANIC AND ATMOS- PHERIC ADMINISTRATION. that at least 1 victim advocate established volving employees of the National Oceanic (a) COMPREHENSIVE POLICY ON PREVENTION under paragraph (1) is stationed— and Atmospheric Administration, members AND RESPONSE TO SEXUAL ASSAULTS.—Not (A) in each region in which the Adminis- of the commissioned officer corps of the Ad- later than 1 year after the date of the enact- tration conducts operations; and ministration, and individuals who work with ment of this Act, the Secretary of Commerce (B) in each marine and aviation center of or conduct business on behalf of the Admin- shall, acting through the Under Secretary the Administration. istration. for Oceans and Atmosphere, develop a com- (5) HOTLINE.— (b) MATTERS TO BE SPECIFIED IN POLICY.— prehensive policy on the prevention of and (A) IN GENERAL.—In carrying out this sub- The policy developed under subsection (a) response to sexual assaults involving em- section, the Secretary shall establish a tele- shall include— ployees of the National Oceanic and Atmos- phone number at which a victim of a sexual (1) establishment of a program to promote pheric Administration, members of the com- assault can contact a victim advocate. awareness of the incidence of sexual harass- missioned officer corps of the Administra- (B) 24-HOUR ACCESS.—The Secretary shall ment; tion, and individuals who work with or con- ensure that the telephone number estab- (2) clear procedures an individual should duct business on behalf of the Administra- lished under subparagraph (A) is monitored follow in the case of an occurrence of sexual tion. at all times. harassment, including— (b) ELEMENTS OF COMPREHENSIVE POLICY.— (6) FORMAL RELATIONSHIPS WITH OTHER EN- (A) a specification of the person or persons The comprehensive policy developed under TITIES.—The Secretary may enter into for- to whom an alleged occurrence of sexual har- subsection (a) shall, at minimum, address mal relationships with other entities to assment should be reported by an individual the following matters: make available additional victim advocates. and options for confidential reporting, in- (1) Prevention measures. (d) AVAILABILITY OF POLICY.—The Sec- cluding— (2) Education and training on prevention retary shall ensure that the policy developed (i) options and contact information for and response. under subsection (a) is available to— after-hours contact; and (3) A list of support resources an individual (1) all employees of the Administration and (ii) procedure for obtaining assistance and may use in the occurrence of sexual assault, members of the commissioned officer corps reporting sexual harassment while working including— of the Administration, including those em- in a remote scientific field camp, at sea, or (A) options and contact information for ployees and members who conduct field work in another field status; and after-hours contact; and for the Administration; and

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.044 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4744 CONGRESSIONAL RECORD — SENATE June 29, 2016 (2) the public. SEC. 715. APPLICABILITY OF POLICIES TO CREWS ‘‘(5) Commander. (e) CONSULTATION AND ASSISTANCE.—In de- OF VESSELS SECURED BY NATIONAL ‘‘(6) Lieutenant commander. veloping the policy required by subsection OCEANIC AND ATMOSPHERIC AD- ‘‘(7) Lieutenant. MINISTRATION UNDER CONTRACT. (a), the Secretary may consult or receive as- ‘‘(8) Lieutenant (junior grade). The Under Secretary for Oceans and At- sistance from such State, local, and national ‘‘(9) Ensign. mosphere shall ensure that each contract organizations and subject matter experts as ‘‘(b) GRADE DISTRIBUTION.—The Secretary into which the Under Secretary enters for the Secretary considers appropriate. shall prescribe, with respect to the distribu- the use of a vessel by the National Oceanic tion on the lineal list in grade, the percent- SEC. 713. RIGHTS OF THE VICTIM OF A SEXUAL and Atmospheric Administration that covers ASSAULT. ages applicable to the grades set forth in the crew of the vessel, if any, shall include as subsection (a). A victim of a sexual assault covered by the a condition of the contract a provision that ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN comprehensive policy developed under sec- subjects such crew to the policy developed GRADE.— tion 712(a) has the right to be reasonably under section 711(a) and the comprehensive ‘‘(1) IN GENERAL.—Not less frequently than protected from the accused. policy developed under section 712(a). once each year, the Secretary shall make a SEC. 714. CHANGE OF STATION. SEC. 716. ANNUAL REPORT ON SEXUAL ASSAULTS computation to determine the number of of- IN THE NATIONAL OCEANIC AND AT- (a) CHANGE OF STATION, UNIT TRANSFER, OR ficers on the lineal list authorized to be serv- MOSPHERIC ADMINISTRATION. CHANGE OF WORK LOCATION OF VICTIMS.— ing in each grade. (a) IN GENERAL.—Not later than January 15 (1) TIMELY CONSIDERATION AND ACTION UPON ‘‘(2) METHOD OF COMPUTATION.—The number of each year, the Secretary of Commerce REQUEST.—The Secretary of Commerce, act- in each grade shall be computed by applying shall submit to the Committee on Com- ing through the Under Secretary for Oceans the applicable percentage to the total num- merce, Science, and Transportation of the and Atmosphere, shall— ber of such officers serving on active duty on Senate and the Committee on Natural Re- (A) in the case of a member of the commis- the date the computation is made. sources of the House of Representatives a re- sioned officer corps of the National Oceanic ‘‘(3) FRACTIONS.—If a final fraction occurs port on the sexual assaults involving em- and Atmospheric Administration who was a in computing the authorized number of offi- ployees of the National Oceanic and Atmos- victim of a sexual assault, in order to reduce cers in a grade, the nearest whole number pheric Administration, members of the com- the possibility of retaliation or further sex- shall be taken. If the fraction is 1⁄2, the next missioned officer corps of the Administra- ual assault, provide for timely determina- higher whole number shall be taken. tion, and individuals who work with or con- tion and action on an application submitted ‘‘(d) TEMPORARY INCREASE IN NUMBERS.— duct business on behalf of the Administra- by the victim for consideration of a change The total number of officers authorized by tion. of station or unit transfer of the victim; and law to be on the lineal list during a fiscal (b) CONTENTS.—Each report submitted (B) in the case of an employee of the Ad- year may be temporarily exceeded if the av- under subsection (a) shall include, with re- ministration who was a victim of a sexual erage number on that list during that fiscal spect to the previous calendar year, the fol- assault, to the degree practicable and in year does not exceed the authorized number. lowing: order to reduce the possibility of retaliation ‘‘(e) POSITIONS OF IMPORTANCE AND RESPON- (1) The number of alleged sexual assaults against the employee for reporting the sex- SIBILITY.—Officers serving in positions des- involving employees, members, and individ- ual assault, accommodate a request for a ignated under section 228(a) and officers re- uals described in subsection (a). change of work location of the victim. called from retired status shall not be count- (2) A synopsis of each case and the discipli- (2) PROCEDURES.— ed when computing authorized strengths nary action taken, if any, in each case. (A) PERIOD FOR APPROVAL AND DIS- under subsection (c) and shall not count (3) The policies, procedures, and processes APPROVAL.—The Secretary, acting through against those strengths. implemented by the Secretary, and any up- the Under Secretary, shall ensure that an ap- ‘‘(f) PRESERVATION OF GRADE AND PAY.—No dates or revisions to such policies, proce- plication or request submitted under para- officer may be reduced in grade or pay or dures, and processes. graph (1) for a change of station, unit trans- separated from the commissioned officer (4) A summary of the reports received by fer, or change of work location is approved corps of the Administration as the result of the Under Secretary for Oceans and Atmos- or denied within 72 hours of the submission a computation made to determine the au- phere under section 711(f). of the application or request. thorized number of officers in the various (c) PRIVACY PROTECTION.—In preparing and EVIEW.—If an application or request grades.’’. (B) R submitting a report under subsection (a), the submitted under paragraph (1) by a victim of SEC. 723. RECALLED OFFICERS. Secretary shall ensure that no individual in- a sexual assault for a change of station, unit Section 215 (33 U.S.C. 3005) is amended— volved in an alleged sexual assault can be transfer, or change of work location of the (1) in the matter before paragraph (1), by identified by the contents of the report. victim is denied— striking ‘‘Effective’’ and inserting the fol- (i) the victim may request the Secretary SEC. 717. DEFINITION. lowing: review the denial; and In this subtitle, the term ‘‘sexual assault’’ ‘‘(a) IN GENERAL.—Effective’’; and (ii) the Secretary, acting through the shall have the meaning given such term in (2) by adding at the end the following new Under Secretary, shall, not later than 72 section 40002(a) of the Violence Against subsection: hours after receiving such request, affirm or Women Act of 1994 (42 U.S.C. 13925(a)). ‘‘(b) POSITIONS OF IMPORTANCE AND RESPON- overturn the denial. Subtitle B—Commissioned Officer Corps of SIBILITY.—Officers serving in positions des- (b) CHANGE OF STATION, UNIT TRANSFER, the National Oceanic and Atmospheric Ad- ignated under section 228 and officers re- AND CHANGE OF WORK LOCATION OF ALLEGED ministration called from retired status— PERPETRATORS.— SEC. 721. REFERENCES TO NATIONAL OCEANIC ‘‘(1) may not be counted in determining the (1) IN GENERAL.—The Secretary, acting AND ATMOSPHERIC ADMINISTRA- total number of authorized officers on the through the Under Secretary, shall develop a TION COMMISSIONED OFFICER lineal list under this section; and policy for the protection of victims of sexual CORPS ACT OF 2002. ‘‘(2) may not count against such number.’’. assault described in subsection (a)(1) by pro- Except as otherwise expressly provided, SEC. 724. OBLIGATED SERVICE REQUIREMENT. viding the alleged perpetrator of the sexual whenever in this subtitle an amendment or (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 assault with a change of station, unit trans- repeal is expressed in terms of an amend- et seq.) is amended by adding at the end the fer, or change of work location, as the case ment to, or repeal of, a section or other pro- following: vision, the reference shall be considered to may be, if the alleged perpetrator is a mem- ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. be made to a section or other provision of ber of the commissioned officer corps of the ‘‘(a) IN GENERAL.— the National Oceanic and Atmospheric Ad- Administration or an employee of the Ad- ‘‘(1) RULEMAKING.—The Secretary shall ministration Commissioned Officer Corps ministration. prescribe the obligated service requirements Act of 2002 (33 U.S.C. 3001 et seq.). (2) POLICY REQUIREMENTS.—The policy re- for appointments, training, promotions, sep- quired by paragraph (1) shall include the fol- PART I—GENERAL PROVISIONS arations, continuations, and retirement of lowing: SEC. 722. STRENGTH AND DISTRIBUTION IN officers not otherwise covered by law. (A) A means to control access to the vic- GRADE. ‘‘(2) WRITTEN AGREEMENTS.—The Secretary tim. Section 214 (33 U.S.C. 3004) is amended to and officers shall enter into written agree- (B) Due process for the victim and the al- read as follows: ments that describe the officers’ obligated leged perpetrator. ‘‘SEC. 214. STRENGTH AND DISTRIBUTION IN service requirements prescribed under para- (c) REGULATIONS.— GRADE. graph (1) in return for such appointments, (1) IN GENERAL.—The Secretary shall pro- ‘‘(a) GRADES.—The commissioned grades in training, promotions, separations, and re- mulgate regulations to carry out this sec- the commissioned officer corps of the Ad- tirements as the Secretary considers appro- tion. ministration are the following, in relative priate. (2) CONSISTENCY.—When practicable, the rank with officers of the Navy: ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY Secretary shall make regulations promul- ‘‘(1) Vice admiral. REQUIREMENTS.— gated under this section consistent with ‘‘(2) Rear admiral. ‘‘(1) IN GENERAL.—The Secretary may re- similar regulations promulgated by the Sec- ‘‘(3) Rear admiral (lower half). quire an officer who fails to meet the service retary of Defense. ‘‘(4) Captain. requirements prescribed under subsection

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.044 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4745 (a)(1) to reimburse the Secretary in an is further amended by adding at the end the ‘‘(1) satisfy 1 of the requirements specified amount that bears the same ratio to the following: in subsection (c); total costs of the training provided to that ‘‘SEC. 218. USE OF RECRUITING MATERIALS FOR ‘‘(2) be fully qualified for, or hold, an ap- officer by the Secretary as the unserved por- PUBLIC RELATIONS. pointment as a commissioned officer in the tion of active duty bears to the total period ‘‘The Secretary may use for public rela- commissioned officer corps of the Adminis- of active duty the officer agreed to serve. tions purposes of the Department of Com- tration; and ‘‘(2) OBLIGATION AS DEBT TO UNITED merce any advertising materials developed ‘‘(3) sign a written agreement to serve on STATES.—An obligation to reimburse the for use for recruitment and retention of per- active duty, or, if on active duty, to remain Secretary under paragraph (1) shall be con- sonnel for the commissioned officer corps of on active duty for a period in addition to any sidered for all purposes as a debt owed to the the Administration. Any such use shall be other incurred active duty obligation. United States. under such conditions and subject to such re- ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE- ‘‘(3) DISCHARGE IN BANKRUPTCY.—A dis- strictions as the Secretary shall prescribe.’’. MENTS.—One of the following academic re- charge in bankruptcy under title 11 that is (b) CLERICAL AMENDMENT.—The table of quirements must be satisfied for purposes of sections in section 1 of the Act entitled ‘‘An entered less than 5 years after the termi- determining the eligibility of an individual Act to authorize the Hydrographic Services nation of a written agreement entered into for a loan repayment under this section: Improvement Act of 1998, and for other pur- under subsection (a)(2) does not discharge ‘‘(1) The person is fully qualified in a pro- poses’’ (Public Law 107–372), as amended by the individual signing the agreement from a fession that the Secretary has determined to section 725(b), is further amended by insert- debt arising under such agreement. ing after the item relating to section 217 the be necessary to meet identified skill short- ‘‘(c) WAIVER OR SUSPENSION OF COMPLI- following: ages in the commissioned officer corps. ANCE.—The Secretary may waive the service ‘‘(2) The person is enrolled as a full-time ‘‘Sec. 218. Use of recruiting materials for obligation of an officer who— student in the final year of a course of study public relations.’’. ‘‘(1) becomes unqualified to serve on active at an accredited educational institution (as duty in the commissioned officer corps of the SEC. 727. CHARTER VESSEL SAFETY POLICY. determined by the Secretary of Education) Administration because of a circumstance (a) POLICY REQUIRED.—Not later than 1 leading to a degree in a profession that will not within the control of that officer; or year after the date of the enactment of this meet identified skill shortages in the com- Act, the Secretary of Commerce shall, acting ‘‘(2) is— missioned officer corps. through the Under Secretary for Oceans and ‘‘(A) not physically qualified for appoint- ‘‘(d) LOAN REPAYMENTS.— Atmosphere, develop and implement a char- ment; and ‘‘(1) IN GENERAL.—Subject to the limits es- ter vessel safety policy applicable to the ac- ‘‘(B) determined to be unqualified for serv- tablished under paragraph (2), a loan repay- quisition by the National Oceanic and At- ice in the commissioned officer corps of the ment under this section may consist of the mospheric Administration of charter vessel Administration because of a physical or payment of the principal, interest, and re- services. medical condition that was not the result of lated expenses of a loan obtained by a person the officer’s own misconduct or grossly neg- (b) ELEMENTS.—The policy required by sub- section (a) shall address vessel safety, oper- described in subsection (b). ligent conduct.’’. ‘‘(2) LIMITATION ON AMOUNT.—For each year (b) CLERICAL AMENDMENT.—The table of ational safety, and basic personnel safety re- quirements applicable to the vessel size, of obligated service that a person agrees to sections in section 1 of the Act entitled ‘‘An serve in an agreement described in sub- Act to authorize the Hydrographic Services type, and intended use. At a minimum, the section (b)(3), the Secretary may pay not Improvement Act of 1998, and for other pur- policy shall include the following: more than the amount specified in section poses’’ (Public Law 107–372) is amended by in- (1) Basic vessel safety requirements that 2173(e)(2) of title 10, United States Code. serting after the item relating to section 215 address stability, egress, fire protection and the following: lifesaving equipment, hazardous materials, ‘‘(e) ACTIVE DUTY SERVICE OBLIGATION.— and pollution control. ‘‘(1) IN GENERAL.—A person entering into ‘‘Sec. 216. Obligated service requirement.’’. an agreement described in subsection (b)(3) SEC. 725. TRAINING AND PHYSICAL FITNESS. (2) Personnel safety requirements that ad- dress crew qualifications, medical training incurs an active duty service obligation. (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 ‘‘(2) LENGTH OF OBLIGATION DETERMINED et seq.), as amended by section 724(a), is fur- and services, safety briefings and drills, and UNDER REGULATIONS.— ther amended by adding at the end the fol- crew habitability. ‘‘(A) IN GENERAL.—Except as provided in lowing: (c) LIMITATION.—The Secretary shall en- sure that the basic vessel safety require- subparagraph (B), the length of the obliga- ‘‘SEC. 217. TRAINING AND PHYSICAL FITNESS. ments and personnel safety requirements in- tion under paragraph (1) shall be determined ‘‘(a) TRAINING.—The Secretary may take cluded in the policy required by subsection under regulations prescribed by the Sec- such measures as may be necessary to ensure (a)— retary. that officers are prepared to carry out their ‘‘(B) MINIMUM OBLIGATION.—The regula- duties in the commissioned officer corps of (1) do not exceed the vessel safety require- tions prescribed under subparagraph (A) may the Administration and proficient in the ments and personnel safety requirements not provide for a period of obligation of less skills necessary to carry out such duties. promulgated by the Secretary of the depart- Such measures may include the following: ment in which the Coast Guard is operating; than 1 year for each maximum annual ‘‘(1) Carrying out training programs and and amount, or portion thereof, paid on behalf of correspondence courses, including estab- (2) to the degree practicable, are consistent the person for qualified loans. ERSONS ON ACTIVE DUTY BEFORE EN- lishing and operating a basic officer training with the requirements described in para- ‘‘(3) P TERING INTO AGREEMENT.—The active duty program to provide initial indoctrination graph (1). service obligation of persons on active duty and maritime vocational training for officer SEC. 728. TECHNICAL CORRECTION. before entering into the agreement shall be candidates as well as refresher training, mid- Section 101(21)(C) of title 38, United States served after the conclusion of any other obli- career training, aviation training, and such Code, is amended by inserting ‘‘in the com- gation incurred under the agreement. other training as the Secretary considers missioned officer corps’’ before ‘‘of the Na- necessary for officer development and pro- tional’’. ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLI- ficiency. PART II—PARITY AND RECRUITMENT GATION.— ‘‘(1) ALTERNATIVE OBLIGATIONS.—An officer ‘‘(2) Providing officers and officer can- SEC. 731. EDUCATION LOANS. who is relieved of the officer’s active duty didates with books and school supplies. (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 ‘‘(3) Acquiring such equipment as may be et seq.) is amended by adding at the end the obligation under this section before the com- necessary for training and instructional pur- following: pletion of that obligation may be given any alternative obligation, at the discretion of poses. ‘‘SEC. 267. EDUCATION LOAN REPAYMENT PRO- ‘‘(b) PHYSICAL FITNESS.—The Secretary GRAM. the Secretary. shall ensure that officers maintain a high ‘‘(a) AUTHORITY TO REPAY EDUCATION ‘‘(2) REPAYMENT.—An officer who does not physical state of readiness by establishing LOANS.—For the purpose of maintaining ade- complete the period of active duty specified standards of physical fitness for officers that quate numbers of officers of the commis- in the agreement entered into under sub- are substantially equivalent to those pre- sioned officer corps of the Administration on section (b)(3), or the alternative obligation scribed for officers in the Coast Guard.’’. active duty who have skills required by the imposed under paragraph (1), shall be subject (b) CLERICAL AMENDMENT.—The table of commissioned officer corps, the Secretary to the repayment provisions under section sections in section 1 of the Act entitled ‘‘An may repay, in the case of a person described 216. Act to authorize the Hydrographic Services in subsection (b), a loan that— ‘‘(g) RULEMAKING.—The Secretary shall Improvement Act of 1998, and for other pur- ‘‘(1) was used by the person to finance edu- prescribe regulations to carry out this sec- poses’’ (Public Law 107–372), as amended by cation; and tion, including— section 724(b), is further amended by insert- ‘‘(2) was obtained from a governmental en- ‘‘(1) standards for qualified loans and au- ing after the item relating to section 216 the tity, private financial institution, edu- thorized payees; and following: cational institution, or other authorized en- ‘‘(2) other terms and conditions for the ‘‘Sec. 217. Training and physical fitness.’’. tity. making of loan repayments.’’. SEC. 726. RECRUITING MATERIALS. ‘‘(b) ELIGIBLE PERSONS.—To be eligible to (b) CLERICAL AMENDMENT.—The table of (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 obtain a loan repayment under this section, sections in section 1 of the Act entitled ‘‘An et seq.), as amended by sections 724 and 725, a person must— Act to authorize the Hydrographic Services

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.044 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4746 CONGRESSIONAL RECORD — SENATE June 29, 2016 Improvement Act of 1998, and for other pur- (2) Sections 455(l) and 464(j) of the Higher cial assistance provided to a person under poses’’ (Public Law 107–372) is amended by in- Education Act of 1965 (20 U.S.C. 1087e(l) and subsection (a), which may not exceed the serting after the item relating to section 266 1087dd(j)) are each amended— amount specified in section 2173(e)(2) of title the following: (A) by striking the subsection heading and 10, United States Code, for each year of obli- ‘‘Sec. 267. Education loan repayment pro- inserting ‘‘ARMED FORCES AND NOAA COM- gated service that a person agrees to serve in gram.’’. MISSIONED OFFICER CORPS STUDENT LOAN IN- an agreement described in subsection (b)(2). ‘‘(e) DURATION OF ASSISTANCE.—Financial SEC. 732. INTEREST PAYMENTS. TEREST PAYMENT PROGRAMS’’; and (B) in paragraph (1)— assistance may be provided to a person under (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 subsection (a) for not more than 5 consecu- et seq.), as amended by section 731(a), is fur- (i) by inserting ‘‘or section 264 of the Na- tional Oceanic and Atmospheric Administra- tive academic years. ther amended by adding at the end the fol- ‘‘(f) SUBSISTENCE ALLOWANCE.— lowing: tion Commissioned Officer Corps Act of 2002’’ after ‘‘Code,’’; and ‘‘(1) IN GENERAL.—A person who receives fi- ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. (ii) by inserting ‘‘or an officer in the com- nancial assistance under subsection (a) shall ‘‘(a) AUTHORITY.—The Secretary may pay be entitled to a monthly subsistence allow- missioned officer corps of the National Oce- the interest and any special allowances that ance at a rate prescribed under paragraph (2) anic and Atmospheric Administration, re- accrue on 1 or more student loans of an eligi- for the duration of the period for which the spectively’’ after ‘‘Armed Forces’’. ble officer, in accordance with this section. person receives such financial assistance. (c) CLERICAL AMENDMENT.—The table of ‘‘(b) ELIGIBLE OFFICERS.—An officer is eli- sections in section 1 of the Act entitled ‘‘An ‘‘(2) DETERMINATION OF AMOUNT.—The Sec- gible for the benefit described in subsection Act to authorize the Hydrographic Services retary shall prescribe monthly rates for sub- (a) while the officer— Improvement Act of 1998, and for other pur- sistence allowance provided under paragraph ‘‘(1) is serving on active duty; poses’’ (Public Law 107–372), as amended by (1), which shall be equal to the amount speci- ‘‘(2) has not completed more than 3 years section 731(b), is further amended by insert- fied in section 2144(a) of title 10, United of service on active duty; ing after the item relating to section 267 the States Code. ‘‘(3) is the debtor on 1 or more unpaid loans following: ‘‘(g) INITIAL CLOTHING ALLOWANCE.— ‘‘(1) TRAINING.—The Secretary may pre- described in subsection (c); and ‘‘Sec. 268. Interest payment program.’’. ‘‘(4) is not in default on any such loan. scribe a sum which shall be credited to each SEC. 733. STUDENT PRE-COMMISSIONING PRO- ‘‘(c) STUDENT LOANS.—The authority to person who receives financial assistance GRAM. make payments under subsection (a) may be under subsection (a) to cover the cost of the (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 person’s initial clothing and equipment exercised with respect to the following loans: et seq.), as amended by section 732(a), is fur- issue. ‘‘(1) A loan made, insured, or guaranteed ther amended by adding at the end the fol- under part B of title IV of the Higher Edu- lowing: ‘‘(2) APPOINTMENT.—Upon completion of cation Act of 1965 (20 U.S.C. 1071 et seq.). the program of education for which a person ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDU- ‘‘(2) A loan made under part D of such title CATION ASSISTANCE PROGRAM. receives financial assistance under sub- (20 U.S.C. 1087a et seq.). ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL AS- section (a) and acceptance of appointment in ‘‘(3) A loan made under part E of such title SISTANCE.—For the purpose of maintaining the commissioned officer corps of the Ad- (20 U.S.C. 1087aa et seq.). adequate numbers of officers of the commis- ministration, the person may be issued a ‘‘(d) MAXIMUM BENEFIT.—Interest and any sioned officer corps of the Administration on subsequent clothing allowance equivalent to special allowance may be paid on behalf of active duty, the Secretary may provide fi- that normally provided to a newly appointed an officer under this section for any of the 36 nancial assistance to a person described in officer. consecutive months during which the officer subsection (b) for expenses of the person ‘‘(h) TERMINATION OF FINANCIAL ASSIST- is eligible under subsection (b). while the person is pursuing on a full-time ANCE.— ‘‘(e) FUNDS FOR PAYMENTS.—The Secretary basis at an accredited educational institu- ‘‘(1) IN GENERAL.—The Secretary shall ter- may use amounts appropriated for the pay tion (as determined by the Secretary of Edu- minate the assistance provided to a person and allowances of personnel of the commis- cation) a program of education approved by under this section if— sioned officer corps of the Administration for the Secretary that leads to— ‘‘(A) the Secretary accepts a request by the payments under this section. ‘‘(1) a baccalaureate degree in not more person to be released from an agreement de- ‘‘(f) COORDINATION WITH SECRETARY OF than 5 academic years; or scribed in subsection (b)(2); EDUCATION.— ‘‘(2) a postbaccalaureate degree. ‘‘(B) the misconduct of the person results ‘‘(1) IN GENERAL.—The Secretary shall con- ‘‘(b) ELIGIBLE PERSONS.— in a failure to complete the period of active sult with the Secretary of Education regard- ‘‘(1) IN GENERAL.—A person is eligible to duty required under the agreement; or ing the administration of this section. obtain financial assistance under subsection ‘‘(C) the person fails to fulfill any term or ‘‘(2) TRANSFER OF FUNDS.—The Secretary (a) if the person— condition of the agreement. shall transfer to the Secretary of Education ‘‘(A) is enrolled on a full-time basis in a ‘‘(2) REIMBURSEMENT.—The Secretary may the funds necessary— program of education referred to in sub- require a person who receives assistance de- ‘‘(A) to pay interest and special allowances section (a) at any educational institution de- scribed in subsection (c), (f), or (g) under an on student loans under this section (in ac- scribed in such subsection; agreement entered into under subsection cordance with sections 428(o), 455(l), and ‘‘(B) meets all of the requirements for ac- (b)(1)(C) to reimburse the Secretary in an 464(j) of the Higher Education Act of 1965 (20 ceptance into the commissioned officer corps amount that bears the same ratio to the U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and of the Administration except for the comple- total costs of the assistance provided to that ‘‘(B) to reimburse the Secretary of Edu- tion of a baccalaureate degree; and person as the unserved portion of active duty cation for any reasonable administrative ‘‘(C) enters into a written agreement with bears to the total period of active duty the costs incurred by the Secretary in coordi- the Secretary described in paragraph (2). officer agreed to serve under the agreement. nating the program under this section with ‘‘(2) AGREEMENT.—A written agreement re- ‘‘(3) WAIVER.—The Secretary may waive the administration of the student loan pro- ferred to in paragraph (1)(C) is an agreement the service obligation of a person through an grams under parts B, D, and E of title IV of between the person and the Secretary in agreement entered into under subsection the Higher Education Act of 1965 (20 U.S.C. which the person agrees— (b)(1)(C) if the person— 1071 et seq., 1087a et seq., 1087aa et seq.). ‘‘(A) to accept an appointment as an offi- ‘‘(A) becomes unqualified to serve on ac- ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this cer, if tendered; and tive duty in the commissioned officer corps section, the term ‘special allowance’ means a ‘‘(B) upon completion of the person’s edu- of the Administration because of a cir- special allowance that is payable under sec- cational program, agrees to serve on active cumstance not within the control of that tion 438 of the Higher Education Act of 1965 duty, immediately after appointment, for— person; or (20 U.S.C. 1087–1).’’. ‘‘(i) up to 3 years if the person received less ‘‘(B) is— (b) CONFORMING AMENDMENTS.— than 3 years of assistance; and ‘‘(i) not physically qualified for appoint- (1) Section 428(o) of the Higher Education ‘‘(ii) up to 5 years if the person received at ment; and Act of 1965 (20 U.S.C. 1078(o)) is amended— least 3 years of assistance. ‘‘(ii) determined to be unqualified for serv- (A) by striking the subsection heading and ‘‘(c) QUALIFYING EXPENSES.—Expenses for ice in the commissioned officer corps of the inserting ‘‘ARMED FORCES AND NOAA COM- which financial assistance may be provided Administration because of a physical or MISSIONED OFFICER CORPS STUDENT LOAN IN- under subsection (a) are the following: medical condition that was not the result of TEREST PAYMENT PROGRAMS’’; and ‘‘(1) Tuition and fees charged by the edu- the person’s own misconduct or grossly neg- (B) in paragraph (1)— cational institution involved. ligent conduct. (i) by inserting ‘‘or section 264 of the Na- ‘‘(2) The cost of books. ‘‘(4) OBLIGATION AS DEBT TO UNITED tional Oceanic and Atmospheric Administra- ‘‘(3) In the case of a program of education STATES.—An obligation to reimburse the tion Commissioned Officer Corps Act of 2002’’ leading to a baccalaureate degree, labora- Secretary imposed under paragraph (2) is, for after ‘‘Code,’’; and tory expenses. all purposes, a debt owed to the United (ii) by inserting ‘‘or an officer in the com- ‘‘(4) Such other expenses as the Secretary States. missioned officer corps of the National Oce- considers appropriate. ‘‘(5) DISCHARGE IN BANKRUPTCY.—A dis- anic and Atmospheric Administration, re- ‘‘(d) LIMITATION ON AMOUNT.—The Sec- charge in bankruptcy under title 11, United spectively,’’ after ‘‘Armed Forces’’. retary shall prescribe the amount of finan- States Code, that is entered less than 5 years

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.044 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4747 after the termination of a written agreement ‘‘(19) Section 2005, relating to advanced serting after the item relating to section 261 entered into under subsection (b)(1)(C) does education assistance, active duty agree- the following: not discharge the person signing the agree- ments, and reimbursement requirements.’’. ‘‘Sec. 261A. Applicability of certain provi- XTENSION OF CERTAIN AUTHORITIES.— ment from a debt arising under such agree- (b) E sions of title 37, United States (1) NOTARIAL SERVICES.—Section 1044a of ment or under paragraph (2). Code.’’. ‘‘(i) REGULATIONS.—The Secretary may title 10, United States Code, is amended— promulgate such regulations and orders as (A) in subsection (a)(1), by striking ‘‘armed SEC. 737. LEGION OF MERIT AWARD. the Secretary considers appropriate to carry forces’’ and inserting ‘‘uniformed services’’; Section 1121 of title 10, United States Code, out this section.’’. and is amended by striking ‘‘armed forces’’ and (b) CLERICAL AMENDMENT.—The table of (B) in subsection (b)(4), by striking ‘‘armed inserting ‘‘uniformed services’’. sections in section 1 of the Act entitled ‘‘An forces’’ both places it appears and inserting SEC. 738. PROHIBITION ON RETALIATORY PER- Act to authorize the Hydrographic Services ‘‘uniformed services’’. SONNEL ACTIONS. Improvement Act of 1998, and for other pur- (2) ACCEPTANCE OF VOLUNTARY SERVICES (a) IN GENERAL.—Subsection (a) of section poses’’ (Public Law 107–372), as amended by FOR PROGRAMS SERVING MEMBERS AND THEIR 261 (33 U.S.C. 3071), as amended by section section 732(c), is further amended by insert- FAMILIES.—Section 1588 of such title is 735, is further amended— ing after the item relating to section 268 the amended— (1) by redesignating paragraphs (8) through following: (A) in subsection (a)(3), by striking ‘‘armed (23) as paragraphs (9) through (24), respec- ‘‘Sec. 269. Student pre-commissioning edu- forces’’ and inserting ‘‘uniformed services’’; tively; and cation assistance program.’’. and (2) by inserting after paragraph (7) the fol- SEC. 734. LIMITATION ON EDUCATIONAL ASSIST- (B) by adding at the end the following new lowing: ANCE. subsection: ‘‘(8) Section 1034, relating to protected (a) IN GENERAL.—Each fiscal year, begin- ‘‘(g) SECRETARY CONCERNED FOR ACCEPT- communications and prohibition of retalia- ning with fiscal year 2013, the Secretary of ANCE OF SERVICES FOR PROGRAMS SERVING tory personnel actions.’’. Commerce shall ensure that the total MEMBERS OF NOAA AND THEIR FAMILIES.— (b) CONFORMING AMENDMENT.—Subsection amount expended by the Secretary under For purposes of the acceptance of services (b) of such section is amended by adding at section 267 of the National Oceanic and At- described in subsection (a)(3), the term ‘Sec- the end the following: ‘‘For purposes of para- mospheric Administration Commissioned Of- retary concerned’ in subsection (a) shall in- graph (8) of subsection (a), the term ‘Inspec- ficer Corps Act of 2002 (as added by section clude the Secretary of Commerce with re- tor General’ in section 1034 of such title 10 731(a)), section 268 of such Act (as added by spect to members of the National Oceanic shall mean the Inspector General of the De- section 732(a)), and section 269 of such Act and Atmospheric Administration.’’. partment of Commerce.’’. (3) CAPSTONE COURSE FOR NEWLY SELECTED (as added by section 733(a)) does not exceed (c) REGULATIONS.—Such section is further FLAG OFFICERS.—Section 2153 of such title is the amount by which— amended by adding at the end the following: (1) the total amount the Secretary would amended— ‘‘(c) REGULATIONS REGARDING PROTECTED pay in that fiscal year to officer candidates (A) in subsection (a)— COMMUNICATIONS AND PROHIBITION OF RETAL- under section 203(f)(1) of title 37, United (i) by inserting ‘‘or the commissioned corps IATORY PERSONNEL ACTIONS.—The Secretary of the National Oceanic and Atmospheric Ad- States Code (as added by section 756(d)), if may promulgate regulations to carry out the ministration’’ after ‘‘in the case of the such section entitled officers candidates to application of section 1034 of title 10, United Navy’’; and pay at monthly rates equal to the basic pay States Code, to the commissioned officer (ii) by striking ‘‘other armed forces’’ and of a commissioned officer in the pay grade O– corps of the Administration, including by inserting ‘‘other uniformed services’’; and 1 with less than 2 years of service; exceeds promulgating such administrative proce- (B) in subsection (b)(1), by inserting ‘‘or (2) the total amount the Secretary actu- dures for investigation and appeal within the the Secretary of Commerce, as applicable,’’ ally pays in that fiscal year to officer can- commissioned officer corps as the Secretary after ‘‘the Secretary of Defense’’. didates under section 203(f)(1) of such title considers appropriate.’’. (as so added). SEC. 736. APPLICABILITY OF CERTAIN PROVI- (b) OFFICER CANDIDATE DEFINED.—In this SIONS OF TITLE 37, UNITED STATES SEC. 739. PENALTIES FOR WEARING UNIFORM section, the term ‘‘officer candidate’’ has the CODE. WITHOUT AUTHORITY. meaning given the term in section 212 of the (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 Section 702 of title 18, United States Code, National Oceanic and Atmospheric Adminis- et seq.) is amended by inserting after section is amended by striking ‘‘Service or any’’ and tration Commissioned Officer Corps Act of 261 the following: inserting ‘‘Service, the commissioned officer 2002 (33 U.S.C. 3002), as added by section ‘‘SEC. 261A. APPLICABILITY OF CERTAIN PROVI- corps of the National Oceanic and Atmos- 756(c). SIONS OF TITLE 37, UNITED STATES pheric Administration, or any’’. CODE. SEC. 735. APPLICABILITY OF CERTAIN PROVI- SEC. 740. APPLICATION OF CERTAIN PROVISIONS SIONS OF TITLE 10, UNITED STATES ‘‘(a) PROVISIONS MADE APPLICABLE TO COM- OF COMPETITIVE SERVICE LAW. MISSIONED OFFICER CORPS.—The provisions of CODE, AND EXTENSION OF CERTAIN Section 3304(f) of title 5, United States law applicable to the Armed Forces under AUTHORITIES APPLICABLE TO MEM- Code, is amended— BERS OF THE ARMED FORCES TO the following provisions of title 37, United (1) in paragraph (1), by inserting ‘‘and COMMISSIONED OFFICER CORPS. States Code, shall apply to the commissioned members of the commissioned officer corps (a) APPLICABILITY OF CERTAIN PROVISIONS officer corps of the Administration: of the National Oceanic and Atmospheric Ad- OF TITLE 10.—Section 261(a) (33 U.S.C. 3071(a)) ‘‘(1) Section 324, relating to accession bo- ministration (or its predecessor organization is amended— nuses for new officers in critical skills. the Coast and Geodetic Survey) separated (1) by redesignating paragraphs (13) ‘‘(2) Section 403(f)(3), relating to pre- from such uniformed service’’ after ‘‘sepa- through (16) as paragraphs (20) through (23), scribing regulations defining the terms ‘field rated from the armed forces’’; respectively; duty’ and ‘sea duty’. (2) in paragraph (2), by striking ‘‘or vet- (2) by redesignating paragraphs (7) through ‘‘(3) Section 403(l), relating to temporary eran’’ and inserting ‘‘, veteran, or member’’; (12) as paragraphs (12) through (17), respec- continuation of housing allowance for de- and tively; pendents of members dying on active duty. (3) in paragraph (4), by inserting ‘‘and (3) by redesignating paragraphs (4) through ‘‘(4) Section 414(a)(2), relating to personal members of the commissioned officer corps (6) as paragraphs (8) through (10), respec- money allowance while serving as Director of the National Oceanic and Atmospheric Ad- tively; of the National Oceanic and Atmospheric Ad- ministration (or its predecessor organization (4) by inserting after paragraph (3) the fol- ministration Commissioned Officer Corps. the Coast and Geodetic Survey) separated lowing: ‘‘(5) Section 488, relating to allowances for from such uniformed service’’ after ‘‘sepa- ‘‘(4) Section 771, relating to unauthorized recruiting expenses. rated from the armed forces’’. wearing of uniforms. ‘‘(6) Section 495, relating to allowances for ‘‘(5) Section 774, relating to wearing reli- funeral honors duty. SEC. 741. EMPLOYMENT AND REEMPLOYMENT gious apparel while in uniform. ‘‘(b) REFERENCES.—The authority vested by RIGHTS. ‘‘(6) Section 982, relating to service on title 37, United States Code, in the ‘military Section 4303(16) of title 38, United States State and local juries. departments’, ‘the Secretary concerned’, or Code, is amended by inserting ‘‘the commis- ‘‘(7) Section 1031, relating to administra- ‘the Secretary of Defense’ with respect to sioned officer corps of the National Oceanic tion of oaths.’’; the provisions of law referred to in sub- and Atmospheric Administration,’’ after (5) by inserting after paragraph (10), as re- section (a) shall be exercised, with respect to ‘‘Public Health Service,’’. designated, the following: the commissioned officer corps of the Ad- SEC. 742. TREATMENT OF COMMISSION IN COM- ‘‘(11) Chapter 58, relating to the Benefits ministration, by the Secretary of Commerce MISSIONED OFFICER CORPS FOR and Services for members being separated or or the Secretary’s designee.’’. PURPOSES OF CERTAIN HIRING DE- recently separated.’’; and (b) CLERICAL AMENDMENT.—The table of CISIONS. (6) by inserting after paragraph (17), as re- sections in section 1 of the Act entitled ‘‘An (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 designated, the following: Act to authorize the Hydrographic Services et seq.), as amended by this subtitle, is fur- ‘‘(18) Subchapter I of chapter 88, relating to Improvement Act of 1998, and for other pur- ther amended by adding at the end the fol- Military Family Programs. poses’’ (Public Law 107–372) is amended by in- lowing:

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.044 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4748 CONGRESSIONAL RECORD — SENATE June 29, 2016 ‘‘SEC. 269A. TREATMENT OF COMMISSION IN COM- ‘‘(i) the qualification, experience, and ignated under section 228 may only be made MISSIONED OFFICER CORPS AS EM- length of service of the appointee; and by the President. PLOYMENT IN ADMINISTRATION ‘‘(ii) the commissioned officer corps of the ‘‘(c) QUALIFICATIONS.—An appointment FOR PURPOSES OF CERTAIN HIRING Administration. under subsection (a) or (b) may not be given DECISIONS. ‘‘(B) APPOINTMENT OF OFFICER CAN- to an individual until the individual’s men- ‘‘(a) IN GENERAL.—In any case in which the tal, moral, physical, and professional fitness Secretary accepts an application for a posi- DIDATES.— tion of employment with the Administration ‘‘(i) LIMITATION ON GRADE.—An original ap- to perform the duties of an officer has been and limits consideration of applications for pointment of an officer candidate, upon grad- established under such regulations as the such position to applications submitted by uation from the basic officer training pro- Secretary shall prescribe. ‘‘(d) PRECEDENCE OF APPOINTEES.—Ap- individuals serving in a career or career-con- gram of the commissioned officer corps of pointees under this section shall take prece- ditional position in the competitive service the Administration, may not be made in any dence in the grade to which appointed in ac- within the Administration, the Secretary other grade than ensign. shall deem an officer who has served as an ‘‘(ii) RANK.—Officer candidates receiving cordance with the dates of their commissions officer in the commissioned officer corps for appointments as ensigns upon graduation as commissioned officers in such grade. Ap- at least 3 years to be serving in a career or from basic officer training program shall pointees whose dates of commission are the career-conditional position in the competi- take rank according to their proficiency as same shall take precedence with each other tive service within the Administration for shown by the order of their merit at date of as the Secretary shall determine. ‘‘(e) INTER-SERVICE TRANSFERS.—For inter- purposes of such limitation. graduation. service transfers (as described in the Depart- ‘‘(b) CAREER APPOINTMENTS.—If the Sec- ‘‘(2) SOURCE OF APPOINTMENTS.—An original retary selects an application submitted by appointment may be made from among the ment of Defense Directive 1300.4 (dated De- an officer described in subsection (a) for a following: cember 27, 2006)) the Secretary shall— position described in such subsection, the ‘‘(A) Graduates of the basic officer training ‘‘(1) coordinate with the Secretary of De- Secretary shall give such officer a career or program of the commissioned officer corps of fense and the Secretary of the Department in career-conditional appointment in the com- the Administration. which the Coast Guard is operating to pro- petitive service, as appropriate. ‘‘(B) Graduates of the military service mote and streamline inter-service transfers; ‘‘(c) COMPETITIVE SERVICE DEFINED.—In academies of the United States who other- ‘‘(2) give preference to such inter-service this section, the term ‘competitive service’ wise meet the academic standards for enroll- transfers for recruitment purposes as deter- has the meaning given the term in section ment in the training program described in mined appropriate by the Secretary; and 2102 of title 5, United States Code.’’. subparagraph (A). ‘‘(3) reappoint such inter-service transfers (b) CLERICAL AMENDMENT.—The table of ‘‘(C) Graduates of the maritime academies to the equivalent grade in the commissioned sections in section 1 of the Act entitled ‘‘An of the States who— officer corps.’’. Act to authorize the Hydrographic Services ‘‘(i) otherwise meet the academic stand- (2) CLERICAL AMENDMENT.—The table of Improvement Act of 1998, and for other pur- ards for enrollment in the training program sections in section 1 of the Act entitled ‘‘An poses’’ (Public Law 107–372) is amended by in- described in subparagraph (A); Act to authorize the Hydrographic Services serting after the item relating to section 269, ‘‘(ii) completed at least 3 years of regi- Improvement Act of 1998, and for other pur- as added by this subtitle, the following: mented training while at a maritime acad- poses’’ (Public Law 107–372) is amended by ‘‘Sec. 269A. Treatment of commission in emy of a State; and striking the item relating to section 221 and commissioned officer corps as ‘‘(iii) obtained an unlimited tonnage or un- inserting the following: employment in Administration limited horsepower Merchant Mariner Cre- ‘‘Sec. 221. Original appointments and re- for purposes of certain hiring dential from the United States Coast Guard. appointments.’’. decisions.’’. ‘‘(D) Licensed officers of the United States SEC. 752. PERSONNEL BOARDS. SEC. 743. DIRECT HIRE AUTHORITY. merchant marine who have served 2 or more Section 222 (33 U.S.C. 3022) is amended to (a) IN GENERAL.—The head of a Federal years aboard a vessel of the United States in read as follows: agency may appoint, without regard to the the capacity of a licensed officer, who other- ‘‘SEC. 222. PERSONNEL BOARDS. provisions of subchapter I of chapter 33 of wise meet the academic standards for enroll- ‘‘(a) CONVENING.—Not less frequently than title 5, United States Code, other than sec- ment in the training program described in once each year and at such other times as tions 3303 and 3328 of such title, a qualified subparagraph (A). the Secretary determines necessary, the Sec- candidate described subsection (b) directly ‘‘(3) DEFINITIONS.—In this subsection: retary shall convene a personnel board. to a position in the agency for which the ‘‘(A) MARITIME ACADEMIES OF THE STATES.— ‘‘(b) MEMBERSHIP.— candidate meets qualification standards of The term ‘maritime academies of the States’ ‘‘(1) IN GENERAL.—A board convened under the Office of Personnel Management. means the following: subsection (a) shall consist of 5 or more offi- (b) CANDIDATES DESCRIBED.—A candidate ‘‘(i) California Maritime Academy, Vallejo, cers who are serving in or above the perma- described in this subsection is a current or California. nent grade of the officers under consider- former member of the commissioned officer ‘‘(ii) Great Lakes Maritime Academy, Tra- ation by the board. corps of the National Oceanic and Atmos- verse City, Michigan. ‘‘(2) RETIRED OFFICERS.—Officers on the re- pheric Administration who— ‘‘(iii) Maine Maritime Academy, Castine, tired list may be recalled to serve on such (1) fulfilled his or her obligated service re- Maine. personnel boards as the Secretary considers quirement under section 216 of the National ‘‘(iv) Massachusetts Maritime Academy, necessary. Oceanic and Atmospheric Administration Buzzards Bay, Massachusetts. ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE Commissioned Officer Corps Act of 2002, as ‘‘(v) State University of New York Mari- BOARDS.—No officer may be a member of 2 added by section 724; time College, Fort Schuyler, New York. successive personnel boards convened to con- (2) if no longer a member of the commis- ‘‘(vi) Texas A&M Maritime Academy, Gal- sider officers of the same grade for pro- sioned officer corps of the Administration, veston, Texas. motion or separation. was not discharged or released therefrom as ‘‘(B) MILITARY SERVICE ACADEMIES OF THE ‘‘(c) DUTIES.—Each personnel board shall— part of a disciplinary action; and UNITED STATES.—The term ‘military service ‘‘(1) recommend to the Secretary such (3) has been separated or released from academies of the United States’ means the changes as may be necessary to correct any service in the commissioned officer corps of following: erroneous position on the lineal list that was the Administration for a period of not more ‘‘(i) The United States Military Academy, caused by administrative error; and than 5 years. West Point, New York. ‘‘(2) make selections and recommendations (c) EFFECTIVE DATE.—This section shall ‘‘(ii) The United States Naval Academy, to the Secretary and the President for the apply with respect to appointments made in Annapolis, Maryland. appointment, promotion, involuntary sepa- fiscal year 2016 and in each fiscal year there- ‘‘(iii) The United States Air Force Acad- ration, continuation, and involuntary retire- after. emy, Colorado Springs, Colorado. ment of officers in the commissioned officer PART III—APPOINTMENTS AND ‘‘(iv) The United States Coast Guard Acad- corps of the Administration as prescribed in PROMOTION OF OFFICERS emy, New London, Connecticut. this title. SEC. 751. APPOINTMENTS. ‘‘(v) The United States Merchant Marine ‘‘(d) ACTION ON RECOMMENDATIONS NOT AC- (a) ORIGINAL APPOINTMENTS.— Academy, Kings Point, New York. CEPTABLE.—If any recommendation by a (1) IN GENERAL.—Section 221 (33 U.S.C. 3021) ‘‘(b) REAPPOINTMENT.— board convened under subsection (a) is not is amended to read as follows: ‘‘(1) IN GENERAL.—Except as provided in accepted by the Secretary or the President, ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND RE- paragraph (2), an individual who previously the board shall make such further rec- APPOINTMENTS. served in the commissioned officer corps of ommendations as the Secretary or the Presi- ‘‘(a) ORIGINAL APPOINTMENTS.— the Administration may be appointed by the dent considers appropriate.’’. ‘‘(1) GRADES.— Secretary to the grade the individual held SEC. 753. DELEGATION OF AUTHORITY. ‘‘(A) IN GENERAL.—Except as provided in prior to separation. Section 226 (33 U.S.C. 3026) is amended— subparagraph (B), an original appointment of ‘‘(2) REAPPOINTMENTS TO HIGHER GRADES.— (1) by striking ‘‘Appointments’’ and insert- an officer may be made in such grades as An appointment under paragraph (1) to a po- ing the following: may be appropriate for— sition of importance and responsibility des- ‘‘(a) IN GENERAL.—Appointments’’; and

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.044 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4749 (2) by adding at the end the following: an officer candidate, the Secretary considers ther amended by adding at the end the fol- ‘‘(b) DELEGATION OF APPOINTMENT AUTHOR- unsatisfactory in either academics or con- lowing: ITY.—If the President delegates authority to duct, or not adapted for a career in the com- ‘‘SEC. 235. PROCUREMENT OF PERSONNEL. the Secretary to make appointments under missioned officer corps of the Administra- ‘‘The Secretary may make such expendi- this section, the President shall, during a pe- tion. Officer candidates shall be subject to tures as the Secretary considers necessary in riod in which the position of the Secretary is rules governing discipline prescribed by the order to obtain recruits for the commis- vacant, delegate such authority to the Dep- Director of the National Oceanic and Atmos- sioned officer corps of the Administration, uty Secretary of Commerce or the Under pheric Administration Commissioned Officer including advertising.’’. Secretary for Oceans and Atmosphere during Corps. (b) CLERICAL AMENDMENT.—The table of such period.’’. ‘‘(d) AGREEMENT.— sections in section 1 of the Act entitled ‘‘An SEC. 754. ASSISTANT ADMINISTRATOR OF THE ‘‘(1) IN GENERAL.—Each officer candidate Act to authorize the Hydrographic Services OFFICE OF MARINE AND AVIATION shall sign an agreement with the Secretary Improvement Act of 1998, and for other pur- OPERATIONS. in accordance with section 216(a)(2) regard- poses’’ (Public Law 107–372), as amended by Section 228(c) (33 U.S.C. 3028(c)) is amend- ing the officer candidate’s term of service in section 756(b), is further amended by insert- ed— the commissioned officer corps of the Ad- ing after the item relating to section 234 the (1) in the fourth sentence, by striking ‘‘Di- ministration. following: rector’’ and inserting ‘‘Assistant Adminis- ‘‘(2) ELEMENTS.—An agreement signed by ‘‘235. Procurement of personnel.’’. trator’’; and an officer candidate under paragraph (1) PART IV—SEPARATION AND RETIREMENT (2) in the heading, by inserting ‘‘ASSISTANT shall provide that the officer candidate OF OFFICERS ADMINISTRATOR OF THE’’ before ‘‘OFFICE’’. agrees to the following: SEC. 761. INVOLUNTARY RETIREMENT OR SEPA- SEC. 755. TEMPORARY APPOINTMENTS. ‘‘(A) That the officer candidate will com- RATION. (a) IN GENERAL.—Section 229 (33 U.S.C. plete the course of instruction at the basic Section 241 (33 U.S.C. 3041) is amended by 3029) is amended to read as follows: officer training program of the Administra- adding at the end the following: tion. ‘‘SEC. 229. TEMPORARY APPOINTMENTS. ‘‘(d) DEFERMENT OF RETIREMENT OR SEPA- ‘‘(B) That upon graduation from the such ‘‘(a) APPOINTMENTS BY PRESIDENT.—Tem- RATION FOR MEDICAL REASONS.— program, the officer candidate— porary appointments in the grade of ensign, ‘‘(1) IN GENERAL.—If the Secretary deter- ‘‘(i) will accept an appointment, if ten- lieutenant junior grade, or lieutenant may mines that the evaluation of the medical dered, as an officer; and be made by the President. condition of an officer requires hospitaliza- ‘‘(ii) will serve on active duty for at least ‘‘(b) TERMINATION.—A temporary appoint- tion or medical observation that cannot be 4 years immediately after such appointment. ment to a position under subsection (a) shall completed with confidence in a manner con- ‘‘(e) REGULATIONS.—The Secretary shall terminate upon approval of a permanent ap- sistent with the officer’s well being before prescribe regulations to carry out this sec- pointment for such position made by the the date on which the officer would other- tion. Such regulations shall include— President. wise be required to retire or be separated ‘‘(1) standards for determining what con- ‘‘(c) ORDER OF PRECEDENCE.—Appointees under this section, the Secretary may defer stitutes a breach of an agreement signed under subsection (a) shall take precedence in the retirement or separation of the officer. under such subsection (d)(1); and the grade to which appointed in accordance ‘‘(2) CONSENT REQUIRED.—A deferment may ‘‘(2) procedures for determining whether with the dates of their appointments as offi- only be made with the written consent of the such a breach has occurred. cers in such grade. The order of precedence officer involved. If the officer does not pro- ‘‘(f) REPAYMENT.—An officer candidate or of appointees who are appointed on the same vide written consent to the deferment, the former officer candidate who does not fulfill officer shall be retired or separated as sched- date shall be determined by the Secretary. the terms of the obligation to serve as speci- ‘‘(d) ANY ONE GRADE.—When determined by uled. fied under section (d) shall be subject to the ‘‘(3) LIMITATION.—A deferral of retirement the Secretary to be in the best interest of repayment provisions of section 216(b).’’. the commissioned officer corps, officers in or separation under this subsection may not (b) CLERICAL AMENDMENT.—The table of extend for more than 30 days after comple- any permanent grade may be temporarily sections in section 1 of the Act entitled ‘‘An promoted one grade by the President. Any tion of the evaluation requiring hospitaliza- Act to authorize the Hydrographic Services tion or medical observation.’’. such temporary promotion terminates upon Improvement Act of 1998, and for other pur- SEC. 762. SEPARATION PAY. the transfer of the officer to a new assign- poses’’ (Public Law 107–372) is amended by in- ment. Section 242 (33 U.S.C. 3042) is amended by serting after the item relating to section 233 adding at the end the following: ‘‘(e) DELEGATION OF APPOINTMENT AUTHOR- the following: ITY.—If the President delegates authority to ‘‘(d) EXCEPTION.—An officer discharged for the Secretary to make appointments under ‘‘Sec. 234. Officer candidates.’’. twice failing selection for promotion to the this section, the President shall, during a pe- (c) OFFICER CANDIDATE DEFINED.—Section next higher grade is not entitled to separa- riod in which the position of the Secretary is 212(b) (33 U.S.C. 3002(b)) is amended— tion pay under this section if the officer— vacant, delegate such authority to the Dep- (1) by redesignating paragraphs (4) through ‘‘(1) expresses a desire not to be selected uty Secretary of Commerce or the Under (6) as paragraphs (5) through (7), respec- for promotion; or Secretary for Oceans and Atmosphere during tively; and ‘‘(2) requests removal from the list of se- such period.’’. (2) by inserting after paragraph (3) the fol- lectees.’’. lowing: (b) CLERICAL AMENDMENT.—The table of Subtitle C—Hydrographic Services ‘‘(4) OFFICER CANDIDATE.—The term ‘officer sections in section 1 of the Act entitled ‘‘An SEC. 771. REAUTHORIZATION OF HYDROGRAPHIC Act to authorize the Hydrographic Services candidate’ means an individual who is en- SERVICES IMPROVEMENT ACT OF Improvement Act of 1998, and for other pur- rolled in the basic officer training program 1998. poses’’ (Public Law 107–372) is amended by of the Administration and is under consider- (a) REAUTHORIZATIONS.—Section 306 of the striking the item relating to section 229 and ation for appointment as an officer under Hydrographic Services Improvement Act of inserting the following: section 221(a)(2)(A).’’. 1998 (33 U.S.C. 892d) is amended— (d) PAY FOR OFFICER CANDIDATES.—Section ‘‘Sec. 229. Temporary appointments.’’. (1) in the matter before paragraph (1), by 203 of title 37, United States Code, is amend- striking ‘‘There are’’ and inserting the fol- SEC. 756. OFFICER CANDIDATES. ed by adding at the end the following: lowing: (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 ‘‘(f)(1) An officer candidate enrolled in the ‘‘(a) IN GENERAL.—There are’’; et seq.) is amended by adding at the end the basic officer training program of the com- (2) in subsection (a) (as designated by para- following: missioned officer corps of the National Oce- graph (1))— ‘‘SEC. 234. OFFICER CANDIDATES. anic and Atmospheric Administration is en- (A) in paragraph (1), by striking ‘‘surveys— ‘‘(a) DETERMINATION OF NUMBER.—The Sec- titled, while participating in such program, ’’ and all that follows through the end of the retary shall determine the number of ap- to monthly officer candidate pay at monthly paragraph and inserting ‘‘surveys, $70,814,000 pointments of officer candidates. rate equal to the basic pay of an enlisted for each of fiscal years 2016 through 2020.’’; ‘‘(b) APPOINTMENT.—Appointment of officer member in the pay grade E–5 with less than (B) in paragraph (2), by striking ‘‘vessels— candidates shall be made under regulations 2 years service. ’’ and all that follows through the end of the which the Secretary shall prescribe, includ- ‘‘(2) An individual who graduates from paragraph and inserting ‘‘vessels, $25,000,000 ing regulations with respect to determining such program shall receive credit for the for each of fiscal years 2016 through 2020.’’; age limits, methods of selection of officer time spent participating in such program as (C) in paragraph (3), by striking ‘‘Adminis- candidates, term of service as an officer can- if such time were time served while on active tration—’’ and all that follows through the didate before graduation from the program, duty as a commissioned officer. If the indi- end of the paragraph and inserting ‘‘Admin- and all other matters affecting such appoint- vidual does not graduate from such program, istration, $29,932,000 for each of fiscal years ment. such time shall not be considered creditable 2016 through 2020.’’; ‘‘(c) DISMISSAL.—The Secretary may dis- for active duty or pay.’’. (D) in paragraph (4), by striking ‘‘title—’’ miss from the basic officer training program SEC. 757. PROCUREMENT OF PERSONNEL. and all that follows through the end of the of the Administration any officer candidate (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 paragraph and inserting ‘‘title, $26,800,000 for who, during the officer candidate’s term as et seq.), as amended by section 756(a), is fur- each of fiscal years 2016 through 2020.’’; and

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.044 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4750 CONGRESSIONAL RECORD — SENATE June 29, 2016 (E) in paragraph (5), by striking ‘‘title—’’ Strike ‘‘3 days’’ and insert ‘‘4 days’’. mittee on Small Business and Entre- and all that follows through the end of the preneurship be authorized to meet dur- paragraph and inserting ‘‘title, $30,564,000 for SA 4946. Mr. MCCONNELL submitted ing the session of the Senate on June each of fiscal years 2016 through 2020.’’; and an amendment intended to be proposed 29, 2016, at 10 a.m., in room SR–428A of (3) by adding at the end the following: by him to the bill S. 764, to reauthorize ‘‘(b) ARCTIC PROGRAMS.—Of the amount au- the Russell Senate Office Building to and amend the National Sea Grant Col- conduct a hearing entitled ‘‘America thorized by this section for each fiscal year— lege Program Act, and for other pur- ‘‘(1) $10,000,000 is authorized for use— Without Entrepreneurs: The Con- ‘‘(A) to acquire hydrographic data; poses; which was ordered to lie on the sequences of Dwindling Startup Activ- ‘‘(B) to provide hydrographic services; table; as follows: ity.’’ ‘‘(C) to conduct coastal change analyses Strike ‘‘4’’ and insert ‘‘5’’. The PRESIDING OFFICER. Without necessary to ensure safe navigation; f objection, it is so ordered. ‘‘(D) to improve the management of coast- COMMITTEE ON VETERANS’ AFFAIRS al change in the Arctic; and AUTHORITY FOR COMMITTEES TO ‘‘(E) to reduce risks of harm to Alaska Na- MEET Mr. SASSE. Mr. President, I ask tive subsistence and coastal communities as- unanimous consent that the Com- COMMITTEE ON COMMERCE, SCIENCE, AND sociated with increased international mari- mittee on Veterans’ Affairs be author- TRANSPORTATION time traffic; and ized to meet during the session of the Mr. SASSE. Mr. President, I ask ‘‘(2) $2,000,000 is authorized for use to ac- Senate on June 29, 2016, at 2:30 p.m. in unanimous consent that the Com- quire hydrographic data and provide hydro- room SR–418 of the Russell Senate Of- mittee on Commerce, Science, and graphic services in the Arctic necessary to fice Building. Transportation be authorized to meet delineate the United States extended Conti- The PRESIDING OFFICER. Without nental Shelf.’’. during the session of the Senate on objection, it is so ordered. (b) LIMITATION ON ADMINISTRATIVE EX- June 29, 2016, at 10 a.m., in room SR–253 SUBCOMMITTEE ON SUPERFUND, WASTE PENSES FOR SURVEYS.—Section 306 of such of the Russell Senate Office Building. MANAGEMENT, AND REGULATORY OVERSIGHT Act (33 U.S.C. 892d) is further amended by The PRESIDING OFFICER. Without adding at the end the following: Mr. SASSE. Mr. President, I ask objection, it is so ordered. ‘‘(c) LIMITATION ON ADMINISTRATIVE EX- unanimous consent that the Sub- PENSES FOR SURVEYS.—Of amounts author- COMMITTEE ON HEALTH, EDUCATION, LABOR, committee on Superfund, Waste Man- AND PENSIONS ized by this section for each fiscal year for agement, and Regulatory Oversight of contract hydrographic surveys, not more Mr. SASSE. Mr. President, I ask than 5 percent is authorized for administra- the Committee on Environment and unanimous consent that the Com- Public Works be authorized to meet tive costs associated with contract manage- mittee on Health, Education, Labor, ment.’’. during the session of the Senate on and Pensions be authorized to meet June 29, 2016, at 2:30 p.m. in room SD– SA 4941. Mr. MCCONNELL submitted during the session of the Senate on 406 of the Dirksen Senate Office Build- an amendment intended to be proposed June 29, 2016, at 10 a.m., in room SD–430 ing, to conduct a hearing entitled by him to the bill S. 764, to reauthorize of the Dirksen Senate Office Building ‘‘Oversight of U.S. Environmental Pro- and amend the National Sea Grant Col- to conduct a hearing entitled ‘‘ESSA tection Agency Enforcement and Com- lege Program Act, and for other pur- Implementation: Update from the U.S. pliance Programs.’’ poses; which was ordered to lie on the Secretary of Education on Proposed The PRESIDING OFFICER. Without table; as follows: Regulations.’’ objection, it is so ordered. The PRESIDING OFFICER. Without At the end, add the following: f This Act shall take effect 2 days after the objection, it is so ordered. date of enactment. COMMITTEE ON HOMELAND SECURITY AND PRIVILEGES OF THE FLOOR GOVERNMENTAL AFFAIRS Ms. HEITKAMP. Mr. President, I ask SA 4942. Mr. MCCONNELL submitted Mr. SASSE. Mr. President, I ask unanimous consent that Kelsey Boe, an an amendment intended to be proposed unanimous consent that the Com- intern in my office, be granted floor by him to the bill S. 764, to reauthorize mittee on Homeland Security and Gov- privileges during the duration of to- and amend the National Sea Grant Col- ernmental Affairs be authorized to day’s session in the Senate. lege Program Act, and for other pur- meet during the session of the Senate The PRESIDING OFFICER. Without poses; which was ordered to lie on the on June 29, 2016, at 10 a.m., to conduct objection, it is so ordered. table; as follows: a hearing entitled ‘‘Preparing for and f At the end, add the following: Protecting the Nation from Zika.’’ This Act shall take effect 3 days after the The PRESIDING OFFICER. Without REMOVAL OF INJUNCTION OF SE- date of enactment. objection, it is so ordered. CRECY—TREATY DOCUMENT NO. 114–12 SA 4943. Mr. MCCONNELL submitted COMMITTEE ON INDIAN AFFAIRS an amendment intended to be proposed Mr. SASSE. Mr. President, I ask On Tuesday, June 28, 2016, the injunc- by him to the bill S. 764, to reauthorize unanimous consent that the Com- tion of secrecy was removed from the and amend the National Sea Grant Col- mittee on Indian Affairs be authorized following treaty transmitted to the lege Program Act, and for other pur- to meet during the session of the Sen- Senate on June 28, 2016, by the Presi- poses; which was ordered to lie on the ate on June 29, 2016, in room SD–628 of dent of the United States: Protocol to table; as follows: the Dirksen Senate Office Building, at the North Atlantic Treaty of 1949 on At the end, add the following: 2:30 p.m. the Accession of Montenegro, Treaty This Act shall take effect 4 days after the The PRESIDING OFFICER. Without Document No. 114–12. date of enactment. objection, it is so ordered. The message of the President ordered to be printed is as follows: SA 4944. Mr. MCCONNELL submitted COMMITTEE ON THE JUDICIARY an amendment intended to be proposed Mr. SASSE. Mr. President, I ask To the Senate of the United States: by him to the bill S. 764, to reauthorize unanimous consent that the Com- I transmit herewith, for Senate ad- and amend the National Sea Grant Col- mittee on the Judiciary be authorized vice and consent to ratification, the lege Program Act, and for other pur- to meet during the session of the Sen- Protocol to the North Atlantic Treaty poses; which was ordered to lie on the ate on June 29, 2016, at 10 a.m., in room of 1949 on the Accession of Montenegro. table; as follows: SD–226 of the Dirksen Senate Office This Protocol was signed in Brussels on Strike ‘‘2’’ and insert ‘‘3’’. Building, to conduct a hearing entitled May 19, 2016, on behalf of the United ‘‘Protecting Older Americans From Fi- States and the other Parties to the SA 4945. Mr. MCCONNELL submitted nancial Exploitation.’’ North Atlantic Treaty. Also trans- an amendment intended to be proposed The PRESIDING OFFICER. Without mitted for the information of the Sen- by him to the bill S. 764, to reauthorize objection, it is so ordered. ate is an overview of the Protocol by and amend the National Sea Grant Col- COMMITTEE ON SMALL BUSINESS AND the Department of State. Full ratifica- lege Program Act, and for other pur- ENTREPRENEURSHIP tion of the Protocol by the United poses; which was ordered to lie on the Mr. SASSE. Mr. President, I ask States and our allies will allow Monte- table; as follows: unanimous consent that the Com- negro to become a Party to the North

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.044 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4751 Atlantic Treaty and a member of the I had the privilege of going to the But the best wanted to play for Pat North Atlantic Treaty Organization White House with Coach Summitt in Summitt because she was the best. (NATO). April of 1989. I was president of the Tamika Catchings, still playing and Article 10 of the North Atlantic Trea- University of Tennessee at the time, retiring this year—one of the great ty, which outlines NATO’s Open Door and she had just won the national players in women’s college basket- policy, is part of the doctrinal founda- championship. President Bush, The ball—was the women’s college basket- tion of the Alliance. Montenegro’s ac- first President Bush, recited the usual ball player of the year. She was in high cession to NATO will demonstrate to statistics about Pat Summitt’s re- school when Tennessee already had the other countries in the Balkans and be- markable coaching career. The Presi- best team and the best players, but yond that NATO’s door remains open dent said: ‘‘And in 13 years she brought Tamika wanted to go to Tennessee to to nations that undertake the reforms Tennessee to the final four 10 times, play for Pat Summitt, to play with necessary to meet NATO’s require- winning it twice.’’ This was in 1989, a Chamique Holdsclaw because she want- ments and contribute to the security of long time before she retired. ‘‘Later on ed to be a part of the best team. the Alliance, and is yet another mile- we’re going down to that fountain over Tennesseans are very, very proud of stone in advancing the EuroAtlantic there that you all can see, to see if lit- Pat Summitt. We know that when the integration of the Balkans. I am erally she can walk on water.’’ nation saw her, they might think a lit- pleased that, with the advice and con- That was what President Bush said of tle better of us because she was one of sent of the Senate, and the ratifica- Pat Summitt. us. She was a great friend, not just a tions of this Protocol by our NATO al- So when it came time for Coach friend of mine and our family, but lies, Montenegro can soon join us as a Summitt to speak—the winningest bas- thousands of Tennesseans. member of this great Alliance. ketball coach in our country’s Division Today, we honor her life. We honor I ask the Senate to continue working I history—this is what she said: that she lived that life by the book, with me in advancing a Europe whole, Mr. President, we’re honored and delighted that she taught so many young women free, and at peace by providing its to be here. I am extremely proud of our aca- how to live their lives by the book, prompt advice and consent to ratifica- demic success. We have won two national that she brought out the best in so tion for this Protocol of Accession. My championships in the last 3 years, but the many of them and inspired the rest of Administration stands ready to brief most important statistic for our team and us to think a little bigger for ourselves. and assist you in your deliberations. our program is the 100-percent graduation Four years ago at a young age, 60 rate, of which we will hold our heads very years of age, suddenly she had Alz- BARACK OBAMA. proudly. THE WHITE HOUSE, June 28, 2016. heimer’s disease. She confronted that Pat Summitt did everything by the f just as well, and set an example for the book, and she made sure her players rest of us. MEASURE READ THE FIRST did as well. She had some of the most So for Pat Summitt, this is a day to TIME—S. 3110 remarkable athletes in any program in honor a woman of style, a woman of Mr. SASSE. Mr. President, I under- the country. One of those is Candace substance, a farm girl who grew up to stand that there is a bill at the desk, Parker, who is still playing in profes- be the winningest coach in the country and I ask for its first reading. sional women’s basketball. If I remem- and who by her example and by her life The PRESIDING OFFICER. The ber this right, there was finally a game brought out the best in her players and clerk will read the bill by title for the when Candace got to play near her set an example for the rest of us. first time. hometown in a Midwestern city. So the Tennesseans are very, very proud of The legislative clerk read as follows: whole town turned out—all of her Pat Summitt. We know that when the A bill (S. 3110) to provide for reforms of the friends, all of her family. Everybody Nation saw her, they might think a lit- administration of the outer Continental had come to see a young woman who tle better of us because she was one of Shelf of the United States, to provide for the was then the most celebrated women’s us. She was a great friend—not just a development of geothermal, solar, and wind basketball player in the country. But friend of mine and our family but of energy on public land, and for other pur- Candace Parker had missed a curfew thousands of Tennesseans. We honor poses. the night before by a few minutes, and her life. We honor that she lived her Mr. SASSE. Mr. President, I now ask so Pat Summitt sat her on the bench life by the book, that she taught so for a second reading and, in order to for the first half while her family, her many young women how to live their place the bill on the calendar under the friends, and everybody had come to see lives by the book, that she brought out provisions of rule XIV, I object to my her play watched. Everyone understood the best in so many of them and in- own request. that’s how Pat Summitt did things. spired the rest of us to maybe think a The PRESIDING OFFICER. Objec- She began her career when she was little bigger for ourselves as well. tion is heard. 22. She was paid $250 a month for that. Four years ago, at a young age— The bill will be read for the second She was a graduate student at the Uni- about 60, 59 years of age—suddenly she time on the next legislative day. versity of Tennessee. For many, wom- had Alzheimer’s disease. She con- f en’s basketball consisted still of three fronted that, as well, and she set an ex- women on one end of the court and RESOLUTIONS SUBMITTED TODAY ample for the rest of us in fighting three on the other. The NCAA didn’t through that. For Pat Summitt, this is Mr. SASSE. Mr. President, I ask even sponsor a national championship a day to honor a woman of style, a unanimous consent that the Senate game at that time. Pat really invented woman of substance, a farm girl who now proceed to the en bloc consider- many aspects of the women’s college grew up to be the winningest college ation of the following Senate resolu- game, and what she didn’t invent she coach in the country and who, by her tions, which were submitted earlier taught to the rest of us. example and by her life, brought out today: S. Res. 516, S. Res. 517, S. Res. It will be hard for people outside Ten- the best in her players and set an ex- 518, S. Res. 519. nessee to appreciate how much she be- ample for the rest of us. There being no objection, the Senate came a part of us. She literally taught I have joined Senator CORKER in sub- proceeded to consider the resolutions. us the game. She was so up-front and mitting this resolution, which the Sen- S. RES. 516 personal about it all. She introduced us ate will adopt this evening. Mr. ALEXANDER. Mr. President, to her players. She told us about their The PRESIDING OFFICER. The Sen- Senator CORKER and I have come to the great abilities and successes. She told ator from Tennessee. floor having submitted a resolution us about their failures and when they Mr. CORKER. Mr. President, I am so honoring the life and achievements of weren’t living up to their potential. glad to join the senior Senator from Pat Summitt, the former University of She invited us to go into her locker our State, who set such an example in Tennessee basketball coach who died room at halftime and listen to her fiery the Senate in recognizing and honoring this week. She coached for 38 years and halftime speeches. She made time for Pat Summitt. Basketball has lost a became the winningest coach—man or every single person who touched her. legend, and Tennessee has lost one of woman—in Division I history. There are countless stories about that. its own beloved daughters. There is

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.055 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4752 CONGRESSIONAL RECORD — SENATE June 29, 2016 perhaps no one who left with a more in- NCAA championships, had 18 Final While she was often a tough coach, delible mark on his or her profession Four appearances, and won 84 percent she was always a source of encourage- than Pat. In her 38 years as head coach of her games—more wins than any ment. She once wrote to a player start- of the University of Tennessee Lady other woman or man basketball coach ing her first game, ‘‘Winning is fun, Volunteers, she amassed a historic in NCAA history. sure. But winning is not the point. record of achievement and blazed a Like so many athletes, her love of Wanting to win is the point. Not giving trail for women across our country. basketball started when she was a up is the point. Never letting up is the A farm girl from Henrietta, TN, Pat young girl. Growing up in Tennessee, point . . . The secret of the game is in attended the University of Tennessee she was always playing basketball with doing your best. To persist and endure, at Martin, earning a bachelor’s degree her three older brothers in their fam- ‘to strive, to seek, to find, and not to and leading the women’s basketball ily’s barn house. Rather than discour- yield.’ ’’ team to two national championship age and end their daughter’s interest, Pat was a living legend that dedi- tournaments. Shortly after graduating, her parents moved their family to a cated herself to the game and to the she accepted a position at the Univer- school district that actually had a women who played the game. She was sity of Tennessee in Knoxville as head girl’s high school basketball team. a fighter, an Olympian, a Medal of coach of the women’s basketball team They showed how important support Freedom recipient, a mother to her at 22 years old. The rest, they say, is can be to a young girl with a dream. son, Tyler, and an educator and role history. Her passion only grew and followed model to generations of young women. her to college at the University of Ten- In those early years, Pat washed the She faced stereotypes, skepticism, nessee at Martin. But she went without jerseys, drove the team van, and was and hurdles. She persisted, she over- an athletic scholarship because women paid $250 a month. Thirty-eight years came, and she inspired others to do the weren’t offered them yet. Still, edu- later, she walked off the hardwood as same. the winningest NCAA Division I bas- cation had always been important in her family—she had never missed a day We will all remember and miss Pat ketball coach in history, with 1,098 vic- Summitt because she always did her tories, 8 national championships, 32 of school—and Pat graduated in 1974. Degree in hand, she was asked to be the best, she won, and she led so many oth- combined Southeastern Conference ti- ers to victory with her. tles, and zero losing seasons. If you assistant coach of Tennessee’s women’s team at the university’s flagship cam- Mr. SASSE. Mr. President, I ask asked Pat, there was only one number unanimous consent that the resolu- that she would point to: 161—161 Lady pus in Knoxville. Then fate quickly took over, making her head coach the tions be agreed to, the preambles be Vols who had the honor of wearing the agreed to, and the motions to recon- orange and white over the span of her same year, at the age of 22. Pat never took the easy road—it was sider be considered made and laid upon career. As she once wrote, ‘‘I won 1,098 never offered. Her starting salary as the table en bloc. games, and eight national champion- coach was $250, and she also taught The PRESIDING OFFICER. Without ships, and coached in four different classes, recruited players, and drove objection, it is so ordered. decades. But what I see are not the the team van to every away game—all The resolutions were agreed to. numbers. I see their faces.’’ while studying for a graduate degree. Her influence on their lives was felt The preambles were agreed to. But to her, it was worth it for the as much off the court as it was on it. (The resolutions, with their pre- game. It was worth it to teach her Every player who completed her eligi- ambles, are printed in today’s RECORD players and prove to the doubters and bility at the University of Tennessee under ‘‘Submitted Resolutions.’’) naysayers just what her Lady Vols under Pat Summitt graduated. That is could accomplish. f remarkable—every single player in 38 Pat was tough, there is no doubt years. Think about that. The impact about it. Her players recall her prac- she had on her players at the Univer- tices with pride. They also remember MARITIME ADMINISTRATION AU- sity of Tennessee, the Knoxville com- the sore muscles and pure exhaustion. THORIZATION AND ENHANCE- munity, and the game of basketball But Pat knew nothing in life came MENT ACT FOR FISCAL YEAR will be felt for years to come. easy, let alone winning. 2017 In closing, as we look back on Pat’s Her determined outlook comes from Mr. SASSE. Mr. President, I ask life, I will echo the words of my friend her father, who used to remind her, unanimous consent that the Senate and former Tennessee football coach ‘‘It’s not done till it’s done right.’’ proceed to the immediate consider- Phillip Fulmer, who said: ‘‘Coach Well, Pat certainly did something ation of Calendar No. 517, S. 2829. Summitt did not want a pity party. right. In 1976, her Lady Vols made it to The PRESIDING OFFICER. The She said, ‘If you’re going to have one, the Final Four. At the same time, Pat clerk will report the bill by title. I’m not coming.’ ’’ overcame a knee injury to play for the The legislative clerk read as follows: Today, I join all Tennesseans in cele- U.S. Women’s Olympic basketball team A bill (S. 2829) to amend and enhance cer- brating her life—celebrating the vic- and won a silver medal. tories, the titles, the relationships, and tain maritime programs of the Department Neither incredible finish satisfied of Transportation, and for other purposes. celebrating a life well-lived and a fight her. She wasn’t done yet. Eight years hard fought. I extend my thoughts and later, she coached the U.S. Women’s There being no objection, the Senate prayers to her son Tyler, the Lady Vol Basketball Team and won the gold. proceeded to consider the bill, which family, and all those who were touched Three years after that, she led Ten- had been reported from the Committee by her truly remarkable life. nessee to a national championship—the on Commerce, Science, and Transpor- I yield the floor. first of the eight she would win. tation, with an amendment to strike Ms. MIKULSKI. Mr. President, I But Pat knew success had to come on all after the enacting clause and insert want to add my voice of sadness and re- and off the court. That was why she in lieu thereof the following: gret for the loss of Pat Summitt. I ex- made all her players sit in the first SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tend my deepest sympathy to her fam- three rows in every class. Unexcused (a) SHORT TITLE.—This Act may be cited as ily, friends, and the entire Lady Vols absences were not allowed. Again, she the ‘‘Maritime Administration Authorization community. Pat Summitt was a trail- got it right, as all of her players who and Enhancement Act for Fiscal Year 2017’’. blazer for all American women. I am finished athletic eligibility also grad- (b) TABLE OF CONTENTS.—The table of con- honored to be a cosponsor of Senators uated with a degree—more than 100 tents for this Act is as follows: ALEXANDER and CORKER’s resolution women athletes in total. Sec. 1. Short title; table of contents. recognizing Coach Summitt’s incred- Education was part of basketball, TITLE I—MARITIME ADMINISTRATION ible and inspirational life. too. To Pat, the game wasn’t just a AUTHORIZATION America lost a true champion this game. It was a way to learn life’s les- Sec. 101. Authorization of the maritime admin- week. It was not just that Pat sons, to teach young women what they istration. Summitt was a competitor. It was that can accomplish with hard work, deter- Sec. 102. Maritime Administration authoriza- she was the competitor. Pat won eight mination, and belief in yourself tion request.

VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4637 Sfmt 6343 E:\CR\FM\G29JN6.082 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4753 TITLE II—PREVENTION OF SEXUAL HAR- Sec. 812. Actions to address sexual assault at (A) $74,851,000 shall be for Academy oper- ASSMENT AND ASSAULT AT THE UNITED National Oceanic and Atmos- ations; and STATES MERCHANT MARINE ACADEMY pheric Administration. (B) $25,051,000 shall remain available until ex- Sec. 201. Actions to address sexual harassment Sec. 813. Rights of the victim of a sexual as- pended for capital asset management at the and sexual assault at the United sault. Academy. States Merchant Marine Acad- Sec. 814. Change of station. (2) For expenses necessary to support the emy. Sec. 815. Applicability of policies to crews of State maritime academies, $29,550,000, of Sec. 202. Sexual assault response coordinators vessels secured by National Oce- which— and sexual assault victim advo- anic and Atmospheric Administra- (A) $2,400,000 shall remain available until Sep- cates. tion under contract. tember 30, 2018, for the Student Incentive Pro- Sec. 203. Report from the Department of Trans- Sec. 816. Annual report on sexual assaults in gram; portation Inspector General. the National Oceanic and Atmos- (B) $3,000,000 shall remain available until ex- Sec. 204. Sexual assault prevention and re- pheric Administration. pended for direct payments to such academies; (C) $22,000,000 shall remain available until ex- sponse working group. Sec. 817. Definition. pended for maintenance and repair of State TITLE III—MARITIME ADMINISTRATION Subtitle B—Commissioned Officer Corps of the maritime academy training vessels; ENHANCEMENT National Oceanic and Atmospheric Adminis- (D) $1,800,000 shall remain available until ex- Sec. 301. Status of National Defense Reserve tration pended for training ship fuel assistance; and Fleet vessels. Sec. 820. References to National Oceanic and (E) $350,000 shall remain available until ex- Sec. 302. Port infrastructure development. Atmospheric Administration Com- pended for expenses to improve the monitoring Sec. 303. Use of State academy training vessels. missioned Officer Corps Act of of the service obligations of graduates. Sec. 304. State maritime academy physical 2002. (3) For expenses necessary to support the Na- standards and reporting. PART I—GENERAL PROVISIONS tional Security Multi-Mission Vessel Program, Sec. 305. Authority to extend certain age re- $6,000,000, which shall remain available until strictions relating to vessels par- Sec. 821. Strength and distribution in grade. Sec. 822. Recalled officers. expended. ticipating in the maritime security (4) For expenses necessary to support Mari- Sec. 823. Obligated service requirement. fleet. time Administration operations and programs, Sec. 306. Appointments. Sec. 824. Training and physical fitness. Sec. 825. Recruiting materials. $57,142,000. Sec. 307. High-speed craft classification serv- (5) For expenses necessary to dispose of vessels ices. Sec. 826. Charter vessel safety policy. Sec. 827. Technical correction. in the National Defense Reserve Fleet, Sec. 308. Maritime workforce working group. $20,000,000, which shall remain available until Sec. 309. Vessel disposal program. PART II—PARITY AND RECRUITMENT expended. Sec. 310. Maritime extreme weather task force. Sec. 831. Education loans. (6) For the cost (as defined in section 502(5) of Sec. 311. Penalty wages. Sec. 832. Interest payments. the Federal Credit Reform Act of 1990 (2 U.S.C. Sec. 312. Recourse for noncitizens. Sec. 833. Student pre-commissioning program. Sec. 313. Floating dry docks. 661a(5))) of loan guarantees under the program Sec. 834. Limitation on educational assistance. authorized by chapter 537 of title 46, United TITLE IV—IMPLEMENTATION OF WORK- Sec. 835. Applicability of certain provisions of States Code, $3,000,000, which shall remain FORCE MANAGEMENT IMPROVEMENTS title 10, United States Code, and available until expended for administrative ex- Sec. 401. Workforce plans and onboarding poli- extension of certain authorities penses of the program. cies. applicable to members of the SEC. 102. MARITIME ADMINISTRATION AUTHOR- Sec. 402. Drug and alcohol policy. Armed Forces to commissioned of- IZATION REQUEST. Sec. 403. Vessel transfers. ficer corps. Section 109 of title 49, United States Code, is TITLE V—TECHNICAL AMENDMENTS Sec. 836. Applicability of certain provisions of amended by adding at the end the following: Sec. 501. Clarifying amendment; continuation title 37, United States Code. ‘‘(k) SUBMISSION OF ANNUAL MARITIME AD- boards. Sec. 837. Legion of Merit award. MINISTRATION AUTHORIZATION REQUEST.— Sec. 502. Prospective payment of funds nec- Sec. 838. Prohibition on retaliatory personnel ‘‘(1) IN GENERAL.—Not later than 30 days after essary to provide medical care. actions. the date on which the President submits to Con- Sec. 503. Technical corrections to title 46, Sec. 839. Penalties for wearing uniform without gress a budget for a fiscal year pursuant to sec- United States Code. authority. tion 1105 of title 31, the Maritime Administrator Sec. 504. Coast Guard use of the Pribilof Is- Sec. 840. Application of certain provisions of shall submit a Maritime Administration author- lands. competitive service law. ization request with respect to such fiscal year TITLE VI—POLAR ICEBREAKER FLEET Sec. 841. Employment and reemployment rights. to the Committee on Commerce, Science, and RECAPITALIZATION TRANSPARENCY ACT Sec. 842. Treatment of commission in commis- Transportation of the Senate and the Committee sioned officer corps for purposes on Transportation and Infrastructure of the Sec. 601. Short title. of certain hiring decisions. Sec. 602. Definitions. House of Representatives. Sec. 843. Direct hire authority. Sec. 603. Authority for polar icebreaker acquisi- ‘‘(2) DEFINED TERM.—In this subsection, the tion. PART III—APPOINTMENTS AND PROMOTION OF term ‘Maritime Administration authorization re- Sec. 604. Polar icebreaker recapitalization plan. OFFICERS quest’ means a proposal for legislation that, Sec. 605. GAO report icebreaking capability in Sec. 851. Appointments. with respect to the Maritime Administration for the United States. Sec. 852. Personnel boards. the relevant fiscal year— TITLE VII—VESSEL INCIDENTAL Sec. 853. Delegation of authority. ‘‘(A) recommends authorizations of appropria- DISCHARGE ACT Sec. 854. Assistant Administrator of the Office tions for that fiscal year; and ‘‘(B) addresses any other matter that the Mar- Sec. 701. Short title. of Marine and Aviation Oper- Sec. 702. Findings; purpose. ations. itime Administrator determines is appropriate Sec. 703. Definitions. Sec. 855. Temporary appointments. for inclusion in a Maritime Administration au- Sec. 704. Regulation and enforcement. Sec. 856. Officer candidates. thorization bill.’’. Sec. 705. Uniform national standards and re- Sec. 857. Procurement of personnel. TITLE II—PREVENTION OF SEXUAL HAR- quirements for the regulation of PART IV—SEPARATION AND RETIREMENT OF ASSMENT AND ASSAULT AT THE UNITED discharges incidental to the nor- OFFICERS STATES MERCHANT MARINE ACADEMY mal operation of a vessel. Sec. 861. Involuntary retirement or separation. SEC. 201. ACTIONS TO ADDRESS SEXUAL HARASS- Sec. 706. Treatment technology certification. Sec. 862. Separation pay. MENT AND SEXUAL ASSAULT AT THE Sec. 707. Exemptions. Subtitle C—Hydrographic Services UNITED STATES MERCHANT MARINE Sec. 708. Alternative compliance program. ACADEMY. Sec. 709. Judicial review. Sec. 871. Reauthorization of Hydrographic (a) POLICY.—Chapter 513 of title 46, United Sec. 710. Effect on State authority. Services Improvement Act of 1998. States Code, is amended by adding at the end Sec. 711. Application with other statutes. TITLE I—MARITIME ADMINISTRATION the following: Sec. 712. Relationship to other laws. AUTHORIZATION Sec. 713. Savings provision. ‘‘§ 51318. Policy on sexual harassment and TITLE VIII—NATIONAL OCEANIC AND AT- SEC. 101. AUTHORIZATION OF THE MARITIME AD- sexual assault MINISTRATION. MOSPHERIC ADMINISTRATION SEXUAL ‘‘(a) REQUIRED POLICY.— There are authorized to be appropriated to the HARASSMENT AND ASSAULT PREVEN- ‘‘(1) IN GENERAL.—The Secretary of Transpor- Department of Transportation for fiscal year TION ACT tation shall direct the Superintendent of the 2017, to be available without fiscal year limita- United States Merchant Marine Academy to Sec. 801. Short title. tion if so provided in appropriations Acts, for prescribe a policy on sexual harassment and Subtitle A—Sexual Harassment and Assault Pre- programs associated with maintaining the sexual assault applicable to the cadets and vention at the National Oceanic and Atmos- United States merchant marine, the following other personnel of the Academy. pheric Administration amounts: ‘‘(2) MATTERS TO BE SPECIFIED IN POLICY.— Sec. 811. Actions to address sexual harassment (1) For expenses necessary for operations of The policy on sexual harassment and sexual as- at National Oceanic and Atmos- the United States Merchant Marine Academy, sault prescribed under this subsection shall in- pheric Administration. $99,902,000, of which— clude—

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4637 Sfmt 6333 E:\CR\FM\A29JN6.058 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4754 CONGRESSIONAL RECORD — SENATE June 29, 2016 ‘‘(A) a program to promote awareness of the on or off the Academy campus, that have not SEC. 202. SEXUAL ASSAULT RESPONSE COORDI- incidence of rape, acquaintance rape, and other been reported to officials of the Academy; and NATORS AND SEXUAL ASSAULT VIC- sexual offenses of a criminal nature that involve ‘‘(B) to assess the perceptions of cadets and TIM ADVOCATES. cadets or other Academy personnel; other Academy personnel on— (a) COORDINATORS AND ADVOCATES.—Chapter ‘‘(B) procedures that a cadet should follow in ‘‘(i) the policies, procedures, and training on 513 of title 46, United States Code, as amended the case of an occurrence of sexual harassment sexual harassment and sexual assault involving by section 201, is further amended by adding at or sexual assault, including— cadets or Academy personnel; the end the following: ‘‘(i) specifying the person or persons to whom ‘‘(ii) the enforcement of the policies described ‘‘§ 51319. Sexual assault response coordinators an alleged occurrence of sexual harassment or in clause (i); and sexual assault victim advocates sexual assault should be reported by a cadet ‘‘(iii) the incidence of sexual harassment and ‘‘(a) SEXUAL ASSAULT RESPONSE COORDINA- and the options for confidential reporting; sexual assault involving cadets or Academy per- TORS.—The United States Merchant Marine ‘‘(ii) specifying any other person whom the sonnel; and Academy shall employ or contract with at least victim should contact; and ‘‘(iv) any other issues relating to sexual har- 1 full-time sexual assault response coordinator ‘‘(iii) procedures on the preservation of evi- assment and sexual assault involving cadets or who shall reside on or near the Academy. The dence potentially necessary for proof of criminal Academy personnel. Secretary of Transportation may assign addi- sexual assault; ‘‘(3) FOCUS GROUPS FOR YEARS WHEN SURVEY tional full-time or part-time sexual assault re- ‘‘(C) a procedure for disciplinary action in NOT REQUIRED.—In any year in which the Sec- sponse coordinators at the Academy as may be cases of alleged criminal sexual assault involv- retary of Transportation is not required to con- necessary. ing a cadet or other Academy personnel; duct the survey described in paragraph (2), the ‘‘(b) VOLUNTEER SEXUAL ASSAULT VICTIM AD- ‘‘(D) any other sanction authorized to be im- Secretary shall conduct focus groups at the VOCATES.— posed in a substantiated case of sexual harass- Academy for the purposes of ascertaining infor- ‘‘(1) IN GENERAL.—The Secretary of Transpor- ment or sexual assault involving a cadet or mation relating to sexual assault and sexual tation, acting through the Superintendent of the other Academy personnel in rape, acquaintance harassment issues at the Academy. United States Merchant Marine Academy, shall rape, or any other criminal sexual offense, ‘‘(d) ANNUAL REPORT.— designate 1 or more permanent employees who whether forcible or nonforcible; and ‘‘(1) IN GENERAL.—The Superintendent of the volunteer to serve as advocates for victims of ‘‘(E) required training on the policy for all ca- Academy shall submit a report to the Secretary sexual assaults involving— dets and other Academy personnel, including of Transportation that provides information ‘‘(A) cadets of the Academy; or the specific training required for personnel who about sexual harassment and sexual assault in- ‘‘(B) individuals who work with or conduct process allegations of sexual harassment or sex- volving cadets or other personnel at the Acad- business on behalf of the Academy. ual assault involving Academy personnel. emy for each Academy program year. ‘‘(2) TRAINING; OTHER DUTIES.—Each victim ‘‘(3) AVAILABILITY OF POLICY.—The Secretary ‘‘(2) CONTENTS.—Each report submitted under advocate designated under this subsection shall ensure that the policy developed under paragraph (1) shall include, for the Academy shall— this subsection is available to— program year covered by the report— ‘‘(A) have or receive training in matters relat- ‘‘(A) all cadets and employees of the Academy; ‘‘(A) the number of sexual assaults, rapes, ing to sexual assault and the comprehensive pol- and and other sexual offenses involving cadets or icy developed under section 51318 of title 46, ‘‘(B) the public. other Academy personnel that have been re- United States Code, as added by section 201; ‘‘(4) CONSULTATION AND ASSISTANCE.—In de- ported to Academy officials; and veloping the policy under this subsection, the ‘‘(B) the number of the reported cases de- ‘‘(B) serve as a victim advocate voluntarily, in Secretary may consult or receive assistance from scribed in subparagraph (A) that have been sub- addition to the individual’s other duties as an such Federal, State, local, and national organi- stantiated; employee of the Academy. zations and subject matter experts as the Sec- ‘‘(C) the policies, procedures, and training im- ‘‘(3) PRIMARY DUTIES.—While performing the retary considers appropriate. plemented by the Superintendent and the lead- duties of a victim advocate under this sub- ‘‘(b) DEVELOPMENT PROGRAM.— ership of the Academy in response to sexual section, a designated employee shall— ‘‘(1) IN GENERAL.—The Secretary of Transpor- harassment and sexual assault involving cadets ‘‘(A) support victims of sexual assault by in- tation shall ensure that the development pro- or other Academy personnel; and forming them of the rights and resources avail- gram of the United States Merchant Marine ‘‘(D) a plan for the actions that will be taken able to them as victims; Academy includes a section that— in the following Academy program year regard- ‘‘(B) identify additional resources to ensure ‘‘(A) describes the relationship between honor, ing prevention of, and response to, sexual har- the safety of victims of sexual assault; and respect, and character development and the pre- assment and sexual assault involving cadets or ‘‘(C) connect victims of sexual assault to an vention of sexual harassment and sexual assault other Academy personnel. Academy sexual assault response coordinator, or at the Academy; and ‘‘(3) SURVEY AND FOCUS GROUP RESULTS.— full-time or part-time victim advocate, who shall ‘‘(B) includes a brief history of the problem of ‘‘(A) SURVEY RESULTS.—Each report under act as a companion in navigating investigative, sexual harassment and sexual assault in the paragraph (1) for an Academy program year medical, mental and emotional health, and re- merchant marine, in the Armed Forces, and at that begins in an odd-numbered calendar year covery processes relating to sexual assault. the Academy; and shall include the results of the survey conducted ‘‘(4) COMPANION.—At least 1 victim advocate ‘‘(C) includes information relating to report- in that program year under subsection (c)(2). designated under this subsection, while per- ing sexual harassment and sexual assault, vic- ‘‘(B) FOCUS GROUP RESULTS.—Each report forming the duties of a victim advocate, shall tims’ rights, and dismissal for offenders. under paragraph (1) for an Academy program act as a companion in navigating investigative, ‘‘(2) TRAINING.—The Superintendent of the year in which the Secretary of Transportation is medical, mental and emotional health, and re- Academy shall ensure that all cadets receive the not required to conduct the survey described covery processes relating to sexual assault. training described in paragraph (1)— (c)(2) shall include the results of the focus group ‘‘(5) HOTLINE.—The Secretary shall establish ‘‘(A) not later than 7 days after their initial conducted in that program year under sub- a 24-hour hotline through which the victim of a arrival at the Academy; and section (c)(3). sexual assault can receive victim support serv- ‘‘(B) biannually thereafter until they grad- ‘‘(4) REPORTING REQUIREMENT.— ices. uate or leave the Academy. ‘‘(A) BY THE SUPERINTENDENT.—For each inci- ‘‘(6) FORMAL RELATIONSHIPS WITH OTHER ENTI- ‘‘(c) ANNUAL ASSESSMENT.— dent of sexual harassment or sexual assault re- TIES.—The Secretary may enter into formal rela- ‘‘(1) IN GENERAL.—The Secretary of Transpor- ported to the Superintendent under this sub- tionships with other entities to make available tation, in cooperation with the Superintendent section, the Superintendent shall provide the additional victim advocates or to implement of the Academy, shall conduct an assessment at Secretary of Transportation and the Board of paragraphs (3), (4), and (5). the Academy during each Academy program Visitors of the Academy with a report that in- ‘‘(7) CONFIDENTIALITY.—Information disclosed year to determine the effectiveness of the poli- cludes— by a victim to an advocate designated under this cies, procedures, and training of the Academy ‘‘(i) the facts surrounding the incident, except subsection— with respect to sexual harassment and sexual for any details that would reveal the identities ‘‘(A) shall be treated by the advocate as con- assault involving cadets or other Academy per- of the people involved; and fidential; and sonnel. ‘‘(ii) the Academy’s response to the incident. ‘‘(B) may not be disclosed by the advocate ‘‘(2) BIENNIAL SURVEY.—For each assessment ‘‘(B) BY THE SECRETARY.—The Secretary shall without the consent of the victim.’’. of the Academy under paragraph (1) during an submit a copy of each report received under sub- (b) CLERICAL AMENDMENT.—The table of sec- Academy program year that begins in an odd- paragraph (A) and the Secretary’s comments on tions for chapter 513 of title 46, United States numbered calendar year, the Secretary shall the report to the Committee on Commerce, Code, is amended by adding at the end the fol- conduct a survey of cadets and other Academy Science, and Transportation of the Senate and lowing: personnel— the Committee on Transportation and Infra- ‘‘51319. Sexual assault response coordinators ‘‘(A) to measure— structure of the House of Representatives.’’. and sexual assault victim advo- ‘‘(i) the incidence, during that program year, (b) CLERICAL AMENDMENT.—The table of sec- cates.’’. tions for chapter 513 of title 46, United States of sexual harassment and sexual assault events, SEC. 203. REPORT FROM THE DEPARTMENT OF on or off the Academy campus, that have been Code, is amended by adding at the end the fol- TRANSPORTATION INSPECTOR GEN- reported to officials of the Academy; and lowing: ERAL. ‘‘(ii) the incidence, during that program year, ‘‘51318. Policy on sexual harassment and sexual (a) IN GENERAL.—Not later than March 31, of sexual harassment and sexual assault events, assault.’’. 2018, the Inspector General of the Department of

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(1) assess progress toward addressing any out- program, to improve the prevention of, and re- SEC. 303. USE OF STATE ACADEMY TRAINING VES- standing recommendations; sponse to, sexual harassment and sexual assault SELS. (2) include any recommendations to reduce the incidents; Section 51504(g) of title 46, United States number of sexual assaults involving members of (5) assess a potential program or policy, appli- Code, is amended to read as follows: the United States Merchant Marine Academy, cable to all vessels operating in the United ‘‘(g) VESSEL SHARING.—The Secretary, after whether a member is the victim, the alleged as- States Flag Fleet that participate in the Mari- consulting with the affected State maritime sailant, or both; time Security Fleet under section 53101 of title academies, may implement a program requiring (3) include any recommendations to improve 46, United States Code, which carry cargos to a State maritime academy to share its training the response of the Department of Transpor- which chapter 531 of such title applies, or are vessel with another State maritime academy if tation and the United States Merchant Marine chartered by a Federal agency, requiring crews the vessel of another State maritime academy— ‘‘(1) is being used during a humanitarian as- Academy to reports of sexual assaults involving to complete a sexual harassment and sexual as- members of the Academy, whether a members is sistance or disaster response activity; sault prevention and response training program ‘‘(2) is incapable of being maintained in good the victim, the alleged assailant, or both. before the Cadet’s Sea Year that includes— repair as required under section 51504(c) of title (c) EXPERTISE.—In compiling the report re- (A) fostering a shipboard climate— 46, United States Code; quired under this section, the inspection teams (i) that does not tolerate sexual harassment ‘‘(3) requires maintenance or repair for an ex- acting under the direction of the Inspector Gen- and sexual assault; tended period; eral shall— (ii) in which persons assigned to vessel crews ‘‘(4) is activated as a National Defense Re- (1) include at least 1 member with expertise are encouraged to intervene to prevent potential serve Fleet vessel pursuant to section 4405 of and knowledge of sexual assault prevention and incidents of sexual harassment or sexual as- title 50, United States Code; response policies; or sault; and ‘‘(5) loses its Coast Guard Certificate of In- (2) consult with subject matter experts in the (iii) that encourages victims of sexual assault spection or its classification; or prevention of and response to sexual assaults. to report any incident of sexual harassment or ‘‘(6) does not comply with applicable environ- SEC. 204. SEXUAL ASSAULT PREVENTION AND RE- sexual assault; and mental regulations.’’. SPONSE WORKING GROUP. (B) understanding the needs of, and the re- SEC. 304. STATE MARITIME ACADEMY PHYSICAL (a) IN GENERAL.—Not later than 90 days after sources available to, a victim after an incident STANDARDS AND REPORTING. the date of the enactment of this Act, the Mari- of sexual harassment or sexual assault; Section 51506 of title 46, United States Code, is time Administrator shall convene a working (6) assess whether the United States Merchant amended– group to examine methods to improve the pre- Marine Academy should continue with sea year (1) in subsection (a)— vention of, and response to, any sexual harass- training on privately owned vessels or change (A) in the matter preceding paragraph (1), by ment or sexual assault that occurs during a Ca- its curricula to provide alternative training; and striking ‘‘must’’ and inserting ‘‘shall’’; det’s Sea Year experience with the United States (7) assess how vessel operators could ensure (B) in paragraph (2), by striking ‘‘and’’ at the Merchant Marine Academy. the confidentiality of a report of sexual harass- end; (b) MEMBERSHIP.—The Maritime Adminis- ment or sexual assault in order to protect the (C) in paragraph (3), by striking the period at trator shall designate individuals to serve as victim and prevent retribution. the end and inserting ‘‘; and’’; and (D) by adding at the end the following: members of the working group convened pursu- (e) REPORT.—Not later than 15 months after ‘‘(4) agree that any individual enrolled at ant to subsection (a). Membership in the work- the date of the enactment of this Act, the work- such State maritime academy in a merchant ma- ing group shall consist of— ing group shall submit a report to the Committee rine officer preparation program— (1) a representative of the Maritime Adminis- on Commerce, Science, and Transportation of ‘‘(A) shall, not later than 9 months after each tration, which shall serve as chair of the work- the Senate and the Committee on Transpor- such individual’s date of enrollment, pass an ex- ing group; tation and Infrastructure of the House of Rep- amination in form and substance satisfactory to (2) the Superintendent of the Academy, or resentatives that includes— the Secretary that demonstrates that such indi- designee; (1) recommendations on each of the working vidual meets the medical and physical require- (3) the sexual assault response coordinator ap- group’s responsibilities described in subsection ments— pointed under section 51319 of title 46, United (d); ‘‘(i) required for the issuance of an original li- States Code; (2) the trade-offs, opportunities, and chal- cense under section 7101; or (4) a subject matter expert from the Coast lenges associated with the recommendations ‘‘(ii) set by the Coast Guard for issuing mer- Guard; made in paragraph (1); and chant mariners’ documentation under section (5) a subject matter expert from the Military (3) any other information the working group 7302, with no limit to his or her operational au- Sealift Command; determines appropriate. thority; (6) at least 1 representative from each of the TITLE III—MARITIME ADMINISTRATION ‘‘(B) following passage of the examination State maritime academies; ENHANCEMENT under subparagraph (A), shall continue to meet (7) at least 1 representative from each private the requirements or standards described in sub- contracting party participating in the maritime SEC. 301. STATUS OF NATIONAL DEFENSE RE- SERVE FLEET VESSELS. paragraph (A) throughout the remainder of security program; their respective enrollments at the State mari- (8) at least 1 representative from each non- Section 4405 of title 50, United States Code, is amended— time academy; and profit labor organization representing a class or ‘‘(C) if the individual has a medical or phys- (1) in subsection (a), by adding at the end the craft of employees employed on vessels in the ical condition that disqualifies him or her from following: ‘‘Vessels in the National Defense Re- Maritime Security Fleet; meeting the requirements or standards referred serve Fleet, including vessels loaned to State (9) at least 2 representatives from approved to in subparagraph (A), shall be transferred to maritime academies, shall be considered public maritime training institutions; and a program other than a merchant marine officer (10) at least 1 representative from companies vessels of the United States.’’; and (2) by adding at the end the following: preparation program, or otherwise appropriately that— disenrolled from such State maritime academy, (A) participate in sea training of Academy ca- ‘‘(g) VESSEL STATUS.—Ships or other watercraft in the National Defense Reserve until the individual demonstrates to the Sec- dets; and retary that the individual meets such require- (B) do not participate in the maritime security Fleet determined by the Maritime Administra- tion to be of insufficient value to remain in the ments or standards.’’; and program. (2) by adding at the end the following: (c) NO QUORUM REQUIREMENT.—The Maritime National Defense Reserve Fleet— ‘‘(c) SECRETARIAL WAIVER AUTHORITY.—The Administration may convene the working group ‘‘(1) shall remain vessels (as defined in section Secretary is authorized to modify or waive any without all members present. 3 of title 1); and of the terms set forth in subsection (a)(4) with (d) RESPONSIBILITIES.—The working group ‘‘(2) shall remain subject to the rights and re- respect to any individual or State maritime shall— sponsibilities of a vessel under admiralty law academy.’’. until such time as the vessel is delivered to a dis- (1) evaluate options that could promote a cli- SEC. 305. AUTHORITY TO EXTEND CERTAIN AGE mate of honor and respect, and a culture that is mantling facility or is otherwise disposed of RESTRICTIONS RELATING TO VES- intolerant of sexual harassment and sexual as- from the National Defense Reserve Fleet.’’. SELS PARTICIPATING IN THE MARI- sault and those who commit it, across the SEC. 302. PORT INFRASTRUCTURE DEVELOP- TIME SECURITY FLEET. United States Flag Fleet; MENT. (a) IN GENERAL.—Section 53102 of title 46, (2) raise awareness of the United States Mer- Section 50302(c)(4) of title 46, United States United States Code, is amended by adding at the chant Marine Academy’s sexual assault preven- Code, is amended— end the following:

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‘‘(g) AUTHORITY FOR EXTENSION OF MAXIMUM (1) At least 1 representative of the Maritime (3) the recommendations made under sub- SERVICE AGE FOR A PARTICIPATING FLEET VES- Administration, who shall serve as chairperson section (d)(4). SEL.—The Secretary of Defense, in conjunction of the working group. SEC. 309. VESSEL DISPOSAL PROGRAM. with the Secretary of Transportation, may ex- (2) At least 1 subject matter expert from the (a) ANNUAL REPORT.—Not later than January tend the maximum age restrictions under sec- United States Merchant Marine Academy. 1 of each year, the Administrator of the Mari- tions 53101(5)(A)(ii) and 53106(c)(3) for a par- (3) At least 1 subject matter expert from the time Administration shall submit to the Com- ticular participating fleet vessel for up to 5 Coast Guard. mittee on Commerce, Science, and Transpor- (4) At least 1 subject matter expert from the years if the Secretary of Defense and the Sec- tation of the Senate and the Committee on retary of Transportation jointly determine that Military Sealift Command. (5) 1 subject matter expert from each of the Transportation and Infrastructure of the House such extension is in the national interest.’’. State maritime academies. of Representatives a report on the management (b) REPEAL OF UNNECESSARY AGE LIMITA- (6) At least 1 representative from each non- of the vessel disposal program of the Maritime TION.—Section 53106(c)(3) of such title is amend- profit labor organization representing a class or Administration. ed— craft of employees (licensed or unlicensed) who (b) CONTENTS.—The report under subsection (1) in subparagraph (A), by striking ‘‘or (C);’’ are employed on vessels operating in the United (a) shall include— and inserting ‘‘; or’’; States Flag Fleet. (1) the total amount of funds credited in the (2) in subparagraph (B), by striking ‘‘; or’’ at (7) At least 4 representatives of owners of ves- prior fiscal year to— the end and inserting a period; and sels operating the in United States Flag Fleet, or (A) the Vessel Operations Revolving Fund es- (3) by striking subparagraph (C). their private contracting parties, which are pri- tablished by section 50301(a) of title 46, United SEC. 306. APPOINTMENTS. marily operating in non-contiguous or coastwise States Code; and (a) IN GENERAL.—Section 51303 of title 46, trades. (B) any other account attributable to the ves- United States Code, is amended by striking ‘‘40’’ (8) At least 4 representatives of owners of ves- sel disposal program of the Maritime Adminis- and inserting ‘‘50’’. sels operating the in United States Flag Fleet, or tration; (b) CLASS PROFILE.—Not later than August 31 their private contracting parties, which are pri- (2) the balance of funds available at the end of each year, the Superintendent of the United marily operating in international transpor- of that fiscal year in— States Merchant Marine Academy shall post on tation. (A) the Vessel Operations Revolving Fund; the Academy’s public website a summary profile (c) NO QUORUM REQUIREMENT.—The Maritime and of each class at the Academy. Administration may convene the working group (B) any other account described in paragraph (c) CONTENTS.—Each summary profile posted without all members present. (1)(B); under subsection (b) shall include, for the in- (d) RESPONSIBILITIES.—The working group (3) in consultation with the Secretary of the coming class and for the 4 classes that precede shall— Interior, the total number of— the incoming class, the number and percentage (1) identify the number of United States cit- (A) grant applications under the National of students— izen mariners— Maritime Heritage Grants Program in the prior (A) in total; (1) by State; fiscal year; and (B) that have a valid United States Coast (B) the applications under subparagraph (A) (2) by country; Guard merchant mariner credential with the (3) by gender; that were approved by the Secretary of the Inte- necessary endorsements for service on unlimited rior, acting through the National Maritime Ini- (4) by race and ethnicity; and tonnage vessels subject to the International (5) with prior military service. tiative of the National Park Service; Convention on Standards of Training, Certifi- (4) a detailed description of each project fund- SEC. 307. HIGH-SPEED CRAFT CLASSIFICATION cation and Watchkeeping for Seafarers, 1978, as ed under the National Maritime Heritage Grants SERVICES. amended; Program in the prior fiscal year for which funds (a) IN GENERAL.—Notwithstanding section (C) that are involved in Federal programs that from the Vessel Operations Revolving Funds 3316(a) of title 46, United States Code, the Sec- support the United States Merchant Marine and were obligated, including the information de- retary of the Navy may use the services of an United States Flag Fleet; scribed in paragraphs (1) through (3) of section approved classification society for only a high- (D) that are available to crew the United 308703(j) of title 54, United States Code; and speed craft that— States Flag Fleet and the surge sealift fleet in (5) a detailed description of the funds credited (1) was acquired by the Secretary from the times of a national emergency; to and distributions from the Vessel Operations Maritime Administration; (E) that are full-time mariners; Revolving Funds in the prior fiscal year. (2) is not a high-speed naval combatant, pa- (F) that have sailed in the prior 18 months; (c) ASSESSMENTS.— trol vessel, expeditionary vessel, or other special and (1) IN GENERAL.—Not later than 1 year after purpose military or law enforcement vessel; (G) that are primarily operating in non-con- tiguous or coastwise trades; the date of enactment of this Act, and bienni- (3) is operated for commercial purposes; ally thereafter, the Administrator shall assess (4) is not operated or crewed by any depart- (2) assess the impact on the United States Merchant Marine and United States Merchant the vessel disposal program of the Maritime Ad- ment, agency, instrumentality, or employee of ministration. the United States Government; Marine Academy if graduates from State mari- (2) CONTENTS.—Each assessment under para- (5) is not directly engaged in any mission or time academies and the United States Merchant Marine Academy were assigned to, or required graph (1) shall include— other operation for or on behalf of any depart- (A) an inventory of each vessel, subject to a ment, agency, instrumentality, or employee of to fulfill, certain maritime positions based on the overall needs of the United States Merchant disposal agreement, for which the Maritime Ad- the United States Government; and ministration acts as the disposal agent, includ- (6) is not primarily designed to carry freight Marine; (3) assess the Coast Guard Merchant Mariner ing— owned, leased, used, or contracted for or by the Licensing and Documentation System, which (i) the age of the vessel; and United States Government. tracks merchant mariner credentials and med- (ii) the name of the Federal agency with (b) DEFINITION OF APPROVED CLASSIFICATION ical certificates, and its accessibility and value which the Maritime Administration has entered SOCIETY.—In this section, the term ‘‘approved to the Maritime Administration for the purposes into a disposal agreement; classification society’’ means a classification so- of evaluating the pool of United States citizen (B) a description of each vessel of a Federal ciety that has been approved by the Secretary of mariners; and agency that may meet the criteria for the Mari- the department in which the Coast Guard is op- (4) make recommendations to enhance the time Administration to act as the disposal agent, erating under section 3316(c) of title 46, United availability and quality of interagency data, in- including— States Code. cluding data from the United States Transpor- (i) the age of the vessel; and (c) SAVINGS CLAUSE.—Nothing in this section tation Command, the Coast Guard, and the Bu- (ii) the name of the applicable Federal agen- may be construed to affect the requirements reau of Transportation Statistics, for use by the cy; under section 3316 of title 46, United States Maritime Administration for evaluating the pool (C) the Maritime Administration’s plan to Code, for a high-speed craft that does not meet of United States citizen mariners. serve as the disposal agent, as appropriate, for the conditions under paragraphs (1) through (6) (e) REPORT.—Not later than 1 year after the the vessels described in subparagraph (B); and of subsection (a) of this section. date of the enactment of this Act, the Secretary (D) any other information related to the vessel SEC. 308. MARITIME WORKFORCE WORKING of Transportation shall submit a report to the disposal program that the Administrator deter- GROUP. Committee on Commerce, Science, and Transpor- mines appropriate. (a) IN GENERAL.—Not later than 90 days after tation of the Senate and the Committee on (d) CESSATION OF EFFECTIVENESS.—This sec- the date of the enactment of this Act, the Sec- Transportation and Infrastructure of the House tion ceases to be effective on the date that is 5 retary of Transportation shall convene a work- of Representatives that contains the results of years after the date of enactment of this Act. ing group to examine and assess the size of the the study conducted under this section, includ- SEC. 310. MARITIME EXTREME WEATHER TASK pool of citizen mariners necessary to support the ing— FORCE. United States Flag Fleet in times of national (1) the number of United States citizen mari- (a) ESTABLISHMENT OF TASK FORCE.—Not emergency. ners identified for each category described in later than 15 days after the date of enactment of (b) MEMBERSHIP.—The Maritime Adminis- subparagraphs (A) through (G) of subsection this Act, the Secretary of Transportation shall trator shall designate individuals to serve as (d)(1); establish a task force to analyze the impact of members of the working group convened under (2) the results of the assessments conducted extreme weather events, such as in the maritime subsection (a). The working group shall include, under paragraphs (2) and (3) of subsection (d); environment (referred to in this section as the at a minimum, the following members: and ‘‘Task Force’’).

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(b) MEMBERSHIP.—The Task Force shall be (1) by inserting ‘‘(a) IN GENERAL.—’’ before (1) review the Maritime Administration’s drug composed of— the first sentence; and and alcohol policies, procedures, and training (1) the Secretary or the Secretary’s designee; (2) by adding at the end the following: practices; and ‘‘(b) RESTRICTION ON RECOVERY FOR NON- (2) ensure that all fleet managers have re- (2) a representative of— RESIDENT ALIENS EMPLOYED ON FOREIGN PAS- ceived training on the Department of Transpor- (A) the Coast Guard; SENGER VESSELS.—A claim for damages or ex- tation’s drug and alcohol policy, including the (B) the National Oceanic and Atmospheric penses relating to personal injury, illness, or testing procedures used by the Department and Administration; death of a seaman who is a citizen of a foreign the Maritime Administration in cases of reason- (C) the Federal Maritime Commission; and nation, arising during or from the engagement able suspicion; and (D) such other Federal agency or independent of the seaman by or for a passenger vessel duly (3) institute a system for tracking all drug and commission as the Secretary considers appro- registered under the laws of a foreign nation, alcohol policy training conducted under para- priate. may not be brought under the laws of the graph (2) in a standardized training repository. (c) REPORT.— United States if— (b) REPORT.—Not later than 1 year after the (1) IN GENERAL.—Except as provided in para- ‘‘(1) such seaman was not a permanent resi- date of the enactment of this Act, the Adminis- graph (4), not later than 180 days after the date dent alien of the United States at the time the trator shall submit a report to the Committee on it is established under subsection (a), the Task claim arose; Commerce, Science, and Transportation of the ‘‘(2) the injury, illness, or death arose outside Force shall submit to the Committee on Com- Senate and the Committee on Transportation merce, Science, and Transportation of the Sen- the territorial waters of the United States; and ‘‘(3) the seaman or the seaman’s personal rep- and Infrastructure of the House of Representa- ate and the Committee on Transportation and tives that describes the Maritime Administra- Infrastructure of the House of Representatives a resentative has or had a right to seek compensa- tion for the injury, illness, or death in, or under tion’s compliance with the requirements under report on the analysis under subsection (a). this section. (2) CONTENTS.—The report under paragraph the laws of— ‘‘(A) the nation in which the vessel was reg- SEC. 403. VESSEL TRANSFERS. (1) shall include— Not later than 9 months after the date of the (A) an identification of available weather pre- istered at the time the claim arose; or ‘‘(B) the nation in which the seaman main- enactment of this Act, the Maritime Adminis- diction, monitoring, and routing technology re- tained citizenship or residency at the time the trator shall submit a report to the Committee on sources; claim arose. (B) an identification of industry best practices Commerce, Science, and Transportation of the ‘‘(c) COMPENSATION DEFINED.—As used in Senate and the Committee on Transportation relating to response to, and prevention of ma- subsection (b), the term ‘compensation’ means— rine casualties from, extreme weather events; and Infrastructure of the House of Representa- ‘‘(1) a statutory workers’ compensation rem- tives that describes the policies and procedures (C) a description of how the resources de- edy that complies with Standard A4.2 of Regula- scribed in subparagraph (A) are used in the var- for vessel transfer, including— tion 4.2 of the Maritime Labour Convention, (1) a summary of the actions taken to update ious maritime sectors, including by passenger 2006; or and cargo vessels; the Vessel Transfer Office procedures manual to ‘‘(2) in the absence of the remedy described in reflect the current range of program responsibil- (D) recommendations for improving maritime paragraph (1), a legal remedy that complies response operations to extreme weather events ities and processes; and with Standard A4.2 of Regulation 4.2 of the (2) a copy of the updated Vessel Transfer Of- and preventing marine casualties from extreme Maritime Labour Convention, 2006, that permits weather events, such as promoting the use of fice procedures to process vessel transfer appli- recovery for lost wages, pain and suffering, and cations. risk communications and the technologies iden- future medical expenses.’’. tified under subparagraph (A); and SEC. 313. FLOATING DRY DOCKS. TITLE V—TECHNICAL AMENDMENTS (E) recommendations for any legislative or Section 55122(a)(1)(C) of title 46, United States SEC. 501. CLARIFYING AMENDMENT; CONTINU- regulatory actions for improving maritime re- Code, is amended by striking ‘‘the date of the ATION BOARDS. sponse operations to extreme weather events and enactment of the Carl Levin and Howard P. Section 290(a) of title 14, United States Code, preventing marine casualties from extreme ‘Buck’ McKeon National Defense Authorization is amended by striking ‘‘five officers serving in weather events. Act for Fiscal Year 2015’’ and inserting ‘‘Decem- the grade of vice admiral’’ and inserting ‘‘5 offi- (3) PUBLICATION.—The Secretary shall make ber 19, 2017’’. cers (other than the Commandant) serving in the report under paragraph (1) and any notifi- TITLE IV—IMPLEMENTATION OF WORK- the grade of admiral or vice admiral’’. cation under paragraph (4) publicly accessible FORCE MANAGEMENT IMPROVEMENTS SEC. 502. PROSPECTIVE PAYMENT OF FUNDS NEC- in an electronic format. ESSARY TO PROVIDE MEDICAL CARE. SEC. 401. WORKFORCE PLANS AND ONBOARDING (4) IMMINENT THREATS.—The Task Force shall (a) IN GENERAL.—Chapter 13 of title 14, immediately notify the Secretary of any finding POLICIES. (a) WORKFORCE PLANS.—Not later than 9 United States Code, is amended by adding at the or recommendations that could protect the safe- end the following: ty of an individual on a vessel from an imminent months after the date of the enactment of this threat of extreme weather. Act, the Maritime Administrator shall review ‘‘§ 520. Prospective payment of funds necessary (d) AUTHORIZATION OF APPROPRIATIONS.— the Maritime Administration’s workforce plans, to provide medical care There are authorized to be appropriated such including its Strategic Human Capital Plan and ‘‘(a) PROSPECTIVE PAYMENT REQUIRED.—In sums as may be necessary to carry out this sec- Leadership Succession Plan, and fully imple- lieu of the reimbursement required under section tion. ment competency models for mission–critical oc- 1085 of title 10, the Secretary of Homeland Secu- cupations, including— SEC. 311. PENALTY WAGES. rity shall make a prospective payment to the (1) leadership positions; Secretary of Defense of an amount that rep- (a) FOREIGN AND INTERCOASTAL VOYAGES.— (2) human resources positions; and resents the actuarial valuation of treatment or Section 10313(g) of title 46, United States Code, (3) transportation specialist positions. is amended— (b) ONBOARDING POLICIES.—Not later than 9 care— (1) in paragraph (2)— months after the date of the enactment of this ‘‘(1) that the Department of Defense shall pro- (A) by striking ‘‘all claims in a class action Act, the Administrator shall— vide to members of the Coast Guard, former suit by seamen’’ and inserting ‘‘each claim by a (1) review the Maritime Administration’s poli- members of the Coast Guard, and dependents of seaman’’; and cies related to new hire orientation, training, such members and former members (other than (B) by striking ‘‘the seamen’’ and inserting and misconduct policies; former members and dependents of former mem- ‘‘the seaman’’; and (2) align the onboarding policies and proce- bers who are a Medicare-eligible beneficiary or (2) in paragraph (3)— dures at headquarters and the field offices to for whom the payment for treatment or care is (A) by striking ‘‘class action’’; and ensure consistent implementation and provision made from the Medicare-Eligible Retiree Health (B) in subparagraph (B), by striking ‘‘, by a of critical information across the Maritime Ad- Care Fund) at facilities under the jurisdiction of seaman who is a claimant in the suit,’’ and in- ministration; and the Department of Defense or a military depart- serting ‘‘by the seaman’’. (3) update the Maritime Administration’s ment; and (b) COASTWISE VOYAGES.—Section 10504(c) of training policies and training systems to include ‘‘(2) for which a reimbursement would other- such title is amended— controls that ensure that all completed training wise be made under such section 1085. (1) in paragraph (2)— is tracked in a standardized training repository. ‘‘(b) AMOUNT.—The amount of the prospective (A) by striking ‘‘all claims in a class action (c) ONBOARDING POLICIES.—Not later than 1 payment under subsection (a)— suit by seamen’’ and inserting ‘‘each claim by a year after the date of the enactment of this Act, ‘‘(1) shall be derived from amounts appro- seaman’’; and the Administrator shall submit a report to the priated for the operating expenses of the Coast (B) by striking ‘‘the seamen’’ and inserting Committee on Commerce, Science, and Transpor- Guard for treatment or care provided to members ‘‘the seaman’’; and tation of the Senate and the Committee on of the Coast Guard and their dependents; (2) in paragraph (3)— Transportation and Infrastructure of the House ‘‘(2) shall be derived from amounts appro- (A) by striking ‘‘class action’’; and of Representatives that describes the Maritime priated for retired pay for treatment or care pro- (B) in subparagraph (B), by striking ‘‘, by a Administration’s compliance with the require- vided to former members of the Coast Guard and seaman who is a claimant in the suit,’’ and in- ments under this section. their dependents; serting ‘‘by the seaman’’. SEC. 402. DRUG AND ALCOHOL POLICY. ‘‘(3) shall be determined under procedures es- SEC. 312. RECOURSE FOR NONCITIZENS. (a) REVIEW.—Not later than 9 months after tablished by the Secretary of Defense; Section 30104 of title 46, United States Code, is the date of the enactment of this Act, the Mari- ‘‘(4) shall be paid during the fiscal year in amended— time Administrator shall— which treatment or care is provided; and

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00075 Fmt 4637 Sfmt 6333 E:\CR\FM\A29JN6.058 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4758 CONGRESSIONAL RECORD — SENATE June 29, 2016 ‘‘(5) shall be subject to adjustment or rec- Secretary of the department in which the Coast ity to exercise missions in the Arctic during any onciliation, as the Secretary of Homeland Secu- Guard is operating. identified gap in United States icebreaking ca- rity and the Secretary of Defense jointly deter- SEC. 603. AUTHORITY FOR POLAR ICEBREAKER pacity in a polar region; and mine appropriate, during or promptly after such ACQUISITION. (5) a description of the policy, financial, and fiscal year if the prospective payment is deter- (a) AUTHORITY.—The Secretary is authorized other barriers that have prevented timely recapi- mined excessive or insufficient based on the to carry out design and construction activities talization of the Coast Guard polar icebreaking services actually provided. for the acquisition of new heavy polar ice- fleet and recommendations to overcome such ‘‘(c) NO PROSPECTIVE PAYMENT WHEN SERVICE breakers. barriers, including potential international fee- IN NAVY.—No prospective payment shall be (b) AUTHORITY FOR ADVANCE PROCUREMENT.— based models used to compensate governments made under this section for any period during The Secretary is authorized to enter into one or for icebreaking escorts or maintenance of mari- which the Coast Guard operates as a service in more contracts for advance procurement associ- time routes. the Navy. ated with the activities described in subsection TITLE VII—VESSEL INCIDENTAL ‘‘(d) RELATIONSHIP TO TRICARE.—This sec- (a), including procurement of systems and DISCHARGE ACT tion shall not be construed to require a payment equipment. SEC. 701. SHORT TITLE. for, or the prospective payment of an amount (c) INTERAGENCY FINANCING.—The Secretary is that represents the value of, treatment or care authorized to participate in interagency financ- This title may be cited as the ‘‘Vessel Inci- provided under any TRICARE program.’’. ing, including receiving appropriated funds dental Discharge Act’’. (b) CLERICAL AMENDMENT.—The analysis for from other agencies or departments of the SEC. 702. FINDINGS; PURPOSE. chapter 13 of title 14, United States Code, is United States, to carry out this section. (a) FINDINGS.—Congress makes the following amended by adding at the end the following: (d) AUTHORIZATION OF APPROPRIATIONS.—Of findings: ‘‘520. Prospective payment of funds necessary to the amounts authorized to be appropriated for (1) Since the enactment of the Act to Prevent provide medical care.’’. fiscal year 2017 under section 2702(2) of title 14, Pollution from Ships (22 U.S.C. 1901 et seq.) in (c) REPEAL.—Section 217 of the Coast Guard United States Code, $150,000,000 are authorized 1980, the United States Coast Guard has been Authorization Act of 2016 (Public Law 114–120) to be available to the Secretary to carry out this the principal Federal authority charged with and the item relating to that section in the table section. administering, enforcing, and prescribing regu- of contents in section 2 of such Act, are re- SEC. 604. POLAR ICEBREAKER RECAPITALIZA- lations relating to the discharge of pollutants pealed. TION PLAN. from vessels engaged in maritime commerce and SEC. 503. TECHNICAL CORRECTIONS TO TITLE 46, (a) REQUIREMENT.—Not later than 120 days transportation. UNITED STATES CODE. after the date of the enactment of this Act, the (2) The Coast Guard estimates there are ap- (a) IN GENERAL.—Title 46, United States Code, Secretary, in consultation with the Secretary of proximately 12,000,000 State-registered rec- is amended— the Navy, shall submit to the appropriate com- reational vessels, 75,000 commercial fishing ves- (1) in section 4503(f)(2), by striking ‘‘that’’ mittees of Congress, a detailed recapitalization sels, and 33,000 freight and tank barges oper- after ‘‘necessary,’’; and plan to meet the 2013 Department of Homeland ating in United States waters. (2) in section 7510(c)— Security Mission Need Statement. (3) From 1973 to 2005, certain discharges inci- (A) in paragraph (1)(D), by striking ‘‘engine’’ (b) CONTENTS.—The plan required by sub- dental to the normal operation of a vessel were and inserting ‘‘engineer’’; and section (a) shall— exempted by regulation from otherwise applica- (B) in paragraph (9), by inserting a period (1) detail the number of heavy and medium ble permitting requirements. after ‘‘App’’. polar icebreakers required to meet Coast Guard (4) During the 32 years during which this reg- (b) EFFECTIVE DATE.—The amendments made statutory missions in the polar regions; ulatory exemption was in effect, Congress en- by subsection (a) shall take effect on the date of (2) identify the vessel specifications, capabili- acted several statutes to deal with the regula- the enactment of the Coast Guard Authorization ties, systems, equipment, and other details re- tion of discharges incidental to the normal oper- Act of 2015 (Public Law 114–120). quired for the design of heavy polar icebreakers ation of a vessel, including— SEC. 504. COAST GUARD USE OF THE PRIBILOF IS- capable of fulfilling the mission requirements of (A) the Act to Prevent Pollution from Ships LANDS. the Coast Guard and the Navy, and the require- (33 U.S.C. 1901 et seq.) in 1980; (a) IN GENERAL.—Section 522(a)(1) of the ments of other agencies and department of the (B) the Nonindigenous Aquatic Nuisance Pre- Pribilof Island Transition Completion Act of United States, as the Secretary determines ap- vention and Control Act of 1990 (16 U.S.C. 4701 2015 (subtitle B of title V of Public Law 114–120) propriate; et seq.); is amended by striking ‘‘Lots’’ and inserting (3) list the specific appropriations required for (C) the National Invasive Species Act of 1996 ‘‘Not later than 30 days after the date of the en- the acquisition of each icebreaker, for each fis- (110 Stat. 4073); actment of the National Defense Authorization cal year, until the full fleet is recapitalized; (D) section 415 of the Coast Guard Authoriza- Act for Fiscal Year 2017, lots’’. (4) describe the potential savings of serial ac- tion Act of 1998 (112 Stat. 3434) and section 623 (b) REPORT.—Not later than 60 days after the quisition for new polar class icebreakers, includ- of the Coast Guard and Maritime Transpor- date of the enactment of the Maritime Adminis- ing specific schedule and acquisition require- tation Act of 2004 (33 U.S.C. 1901 note), which tration Authorization and Enhancement Act for ments needed to realize such savings; established interim and permanent require- Fiscal Year 2017, the Secretary of the depart- (5) describe any polar icebreaking capacity ments, respectively, for the regulation of vessel ment in which the Coast Guard is operating gaps that may arise based on the current fleet discharges of certain bulk cargo residue; shall submit a report to the Committee on Com- and current procurement outlook; and (E) title XIV of division B of Appendix D of merce, Science, and Transportation of the Sen- (6) describe any additional polar icebreaking the Consolidated Appropriations Act, 2001 (114 ate, the Committee on Natural Resources of the capability gaps due to any further delay in pro- Stat. 2763), which prohibited or limited certain House of Representatives, and the Committee on curement schedules. vessel discharges in certain areas of Alaska; Transportation and Infrastructure of the House SEC. 605. GAO REPORT ICEBREAKING CAPABILITY (F) section 204 of the Maritime Transportation of Representatives that describes— IN THE UNITED STATES. Security Act of 2002 (33 U.S.C. 1902a), which es- (1) the Coast Guard’s use of Tracts 43 and 39, (a) REQUIREMENT.—Not later than 6 months tablished requirements for the regulation of ves- located on St. Paul Island, Alaska, since oper- after the date of the enactment of this Act, the sel discharges of agricultural cargo residue ma- ation of the LORAN-C system was terminated; Comptroller General of the United States shall terial in the form of hold washings; (2) the Coast Guard’s plans for using the submit to the appropriate committees of Con- (G) title X of the Coast Guard Authorization tracts described in paragraph (1) during fiscal gress a report on the current state of the United Act of 2010 (33 U.S.C. 3801 et seq.), which pro- years 2016, 2017, and 2018; and States Federal polar icebreaking fleet. vided for the implementation of the Inter- (3) the Coast Guard’s plans for using the (b) CONTENTS.—The report required by sub- national Convention on the Control of Harmful tracts described in paragraph (1) and other fa- section (a) shall include— Anti-Fouling Systems on Ships, 2001; and cilities on St. Paul Island after fiscal year 2018. (1) an analysis of the icebreaking assets in op- (H) the amendment made by section 2 of the TITLE VI—POLAR ICEBREAKER FLEET eration in the United States and a description of Clean Boating Act of 2008 adding subsection (r) RECAPITALIZATION TRANSPARENCY ACT the missions completed by such assets; to section 402 of the Federal Water Pollution SEC. 601. SHORT TITLE. (2) an analysis of how such assets and the ca- Control Act (33 U.S.C. 1342(r)), which exempts This title may be cited as the ‘‘Polar Ice- pabilities of such assets are consistent, or incon- recreational vessels from National Pollutant breaker Fleet Recapitalization Transparency sistent, with the polar icebreaking mission re- Discharge Elimination System permit require- Act’’. quirements described in the 2013 Department of ments. SEC. 602. DEFINITIONS. Homeland Security Mission Need Statement, the (b) PURPOSE.—The purpose of this title is to In this title: Naval Operations Concept 2010, or other mili- provide for the establishment of nationally uni- (1) APPROPRIATE COMMITTEES OF CONGRESS.— tary and civilian governmental missions in the form and environmentally sound standards and The term ‘‘appropriate committees of Congress’’ United States; requirements for the management of discharges means the Committee on Commerce, Science, and (3) an analysis of the gaps in icebreaking ca- incidental to the normal operation of a vessel. Transportation of the Senate and the Committee pability of the United States based on the ex- SEC. 703. DEFINITIONS. on Transportation and Infrastructure of the pected service life of the fleet of United States In this title: House of Representatives. icebreaking assets; (1) ADMINISTRATOR.—The term ‘‘Adminis- (2) SECRETARY.—Except as otherwise specifi- (4) a list of countries that are allies of the trator’’ means the Administrator of the Environ- cally provided, the term ‘‘Secretary’’ means the United States that have the icebreaking capac- mental Protection Agency.

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(2) AQUATIC NUISANCE SPECIES.—The term (i) a discharge into navigable waters from a (c) SANCTIONS.— ‘‘aquatic nuisance species’’ means a nonindige- vessel of— (1) CIVIL PENALTIES.— nous species (including a pathogen) that threat- (I) rubbish, trash, garbage, incinerator ash, or (A) BALLAST WATER.—Any person who vio- ens the diversity or abundance of native species other such material discharged overboard; lates a regulation issued pursuant to this title or the ecological stability of navigable waters or (II) oil or a hazardous substance as those regarding a discharge incidental to the normal commercial, agricultural, aquacultural, or rec- terms are defined in section 311 of the Federal operation of a vessel of ballast water shall be reational activities dependent on such waters. Water Pollution Control Act (33 U.S.C. 1321); liable for a civil penalty in an amount not to ex- (3) BALLAST WATER.— (III) sewage as defined in section 312(a)(6) of ceed $25,000. Each day of a continuing violation (A) IN GENERAL.—The term ‘‘ballast water’’ the Federal Water Pollution Control Act (33 constitutes a separate violation. means any water and water-suspended matter U.S.C. 1322(a)(6)); or (B) OTHER DISCHARGE.—Any person who vio- taken aboard a vessel— (IV) graywater referred to in section 312(a)(6) lates a regulation issued pursuant to this title (i) to control or maintain trim, list, draught, of the Federal Water Pollution Control Act (33 regarding a discharge incidental to the normal stability, or stresses of the vessel; or U.S.C. 1322(a)(6)); operation of a vessel other than ballast water (ii) during the cleaning, maintenance, or other (ii) an emission of an air pollutant resulting shall be liable for a civil penalty in an amount operation of a ballast water treatment tech- not to exceed $10,000. Each day of a continuing from the operation onboard a vessel of a vessel nology of the vessel. violation constitutes a separate violation. propulsion system, motor driven equipment, or (B) EXCLUSIONS.—The term ‘‘ballast water’’ (C) IN REM LIABILITY.—A vessel operated in incinerator; or does not include any substance that is added to violation of a regulation issued under this title (iii) a discharge into navigable waters from a water described in subparagraph (A) that is not shall be liable in rem for any civil penalty as- vessel when the vessel is operating in a capacity directly related to the operation of a properly sessed under this subsection for that violation. other than as a means of transportation on functioning ballast water treatment technology (2) CRIMINAL PENALTIES.— water. under this title. (A) BALLAST WATER.—Any person who know- (4) BALLAST WATER DISCHARGE STANDARD.— (8) GEOGRAPHICALLY LIMITED AREA.—The term ingly violates a regulation issued pursuant to The term ‘‘ballast water discharge standard’’ ‘‘geographically limited area’’ means an area— this title regarding a discharge incidental to the means the numerical ballast water discharge (A) with a physical limitation, including limi- normal operation of a vessel of ballast water standard set forth in section 151.2030 of title 33, tation by physical size and limitation by author- shall be punished by a fine of not more than Code of Federal Regulations or section 151.1511 ized route such as the Great Lakes and St. Law- $100,000, imprisonment for not more than 2 of title 33, Code of Federal Regulations, as ap- rence River, that prevents a vessel from oper- years, or both. plicable, or a revised numerical ballast water ating outside the area, as determined by the (B) OTHER DISCHARGE.—Any person who discharge standard established under subsection Secretary; or knowingly violates a regulation issued pursuant (a)(1)(B), (b), or (c) of section 705. (B) that is ecologically homogeneous, as deter- to this title regarding a discharge incidental to (5) BALLAST WATER MANAGEMENT SYSTEM; mined by the Secretary, in consultation with the the normal operation of a vessel other than bal- MANAGEMENT SYSTEM.—The terms ‘‘ballast water heads of other Federal departments or agencies last water shall be punished by a fine of not management system’’ and ‘‘management sys- as the Secretary considers appropriate. more than $50,000, imprisonment for not more tem’’ mean any system, including all ballast (9) MANUFACTURER.—The term ‘‘manufac- than 1 year, or both. water treatment equipment and associated con- turer’’ means a person engaged in the manufac- (3) REVOCATION OF CLEARANCE.—The Sec- trol and monitoring equipment, used to process ture, assemblage, or importation of ballast water retary is authorized to withhold or revoke the ballast water to kill, remove, render harmless, or treatment technology. clearance of a vessel required under section avoid the uptake or discharge of organisms. (10) NAVIGABLE WATERS.—The term ‘‘navi- 60105 of title 46, United States Code, if the (6) BIOCIDE.—The term ‘‘biocide’’ means a gable waters’’ has the meaning given the term in owner or operator of the vessel is in violation of substance or organism, including a virus or fun- section 2.36 of title 33, Code of Federal Regula- a regulation issued pursuant to this Act. (4) EXCEPTION TO SANCTIONS.—It shall be an gus, that is introduced into or produced by a tions, as in effect on the date of the enactment affirmative defense to any charge of a violation ballast water management system to reduce or of this Act. of this title that compliance with this title eliminate aquatic nuisance species as part of the (11) SECRETARY.—The term ‘‘Secretary’’ means would, because of adverse weather, equipment process used to comply with a ballast water dis- the Secretary of the department in which the failure, or any other relevant condition, have charge standard under this title. Coast Guard is operating. threatened the safety or stability of a vessel, its (7) DISCHARGE INCIDENTAL TO THE NORMAL OP- (12) VESSEL.—The term ‘‘vessel’’ means every crew, or its passengers. ERATION OF A VESSEL.— description of watercraft or other artificial con- (A) IN GENERAL.—The term ‘‘discharge inci- trivance used, or practically or otherwise capa- SEC. 705. UNIFORM NATIONAL STANDARDS AND dental to the normal operation of a vessel’’ ble of being used, as a means of transportation REQUIREMENTS FOR THE REGULA- TION OF DISCHARGES INCIDENTAL means— on water. TO THE NORMAL OPERATION OF A (i) a discharge into navigable waters from a SEC. 704. REGULATION AND ENFORCEMENT. VESSEL. vessel of— (a) IN GENERAL.— (a) REQUIREMENTS.— (I)(aa) ballast water, graywater, bilge water, (1) ESTABLISHMENT.—The Secretary, in con- (1) BALLAST WATER MANAGEMENT REQUIRE- cooling water, oil water separator effluent, anti- sultation with the Administrator, shall estab- MENTS.— fouling hull coating leachate, boiler or econo- lish, implement, and enforce uniform national (A) IN GENERAL.—Notwithstanding any other mizer blowdown, byproducts from cathodic pro- standards and requirements for the regulation provision of law, the requirements set forth in tection, controllable pitch propeller and thruster of discharges incidental to the normal operation the final rule, Standards for Living Organisms hydraulic fluid, distillation and reverse osmosis of a vessel. in Ships’ Ballast Water Discharged in U.S. brine, elevator pit effluent, firemain system ef- Waters (77 Fed. Reg. 17254 (March 23, 2012), as (2) BASIS.—Except as provided under para- fluent, freshwater layup effluent, gas turbine graph (3), the standards and requirements es- corrected at 77 Fed. Reg. 33969 (June 8, 2012)), wash water, motor gasoline and compensating tablished under paragraph (1)— shall be the management requirements for a bal- effluent, refrigeration and air condensate efflu- (A) with respect to ballast water, shall be last water discharge incidental to the normal ent, seawater pumping biofouling prevention based upon the best available technology that is operation of a vessel until the Secretary revises substances, boat engine wet exhaust, sonar the ballast water discharge standard under sub- economically achievable; dome effluent, exhaust gas scrubber washwater, section (b) or adopts a more stringent standard (B) with respect to discharges incidental to or stern tube packing gland effluent; or under subparagraph (B). the normal operation of a vessel other than bal- (bb) any other pollutant associated with the (B) ADOPTION OF MORE STRINGENT STAND- last water, shall be based on best management operation of a marine propulsion system, ship- ARD.—If the Secretary makes a determination in board maneuvering system, habitability system, practices (including practices, limitations, or favor of a State petition under section 610, the or installed major equipment, or from a protec- concentrations); and Secretary shall adopt the more stringent ballast tive, preservative, or absorptive application to (C) shall supersede any permitting require- water discharge standard specified in the stat- the hull of a vessel; ment or prohibition on discharges incidental to ute or regulation that is the subject of that State (II) weather deck runoff, deck wash, aqueous the normal operation of a vessel under any petition instead of the ballast water discharge film forming foam effluent, chain locker efflu- other provision of law. standard in the final rule described under sub- ent, non-oily machinery wastewater, under- (3) RULE OF CONSTRUCTION.—The standards paragraph (A). water ship husbandry effluent, welldeck efflu- and requirements established under paragraph (2) INITIAL MANAGEMENT REQUIREMENTS FOR ent, or fish hold and fish hold cleaning effluent; (1) shall not supersede regulations, in place on DISCHARGES OTHER THAN BALLAST WATER.—Not or the date of the enactment of this Act or estab- later than 2 years after the date of enactment of (III) any effluent from a properly functioning lished by a rulemaking proceeding after such this Act, the Secretary, in consultation with the marine engine; or date of enactment, which cover a discharge in a Administrator, shall issue a final rule estab- (ii) a discharge of a pollutant into navigable national marine sanctuary or in a marine na- lishing best management practices for discharges waters in connection with the testing, mainte- tional monument. incidental to the normal operation of a vessel nance, or repair of a system, equipment, or en- (b) ADMINISTRATION AND ENFORCEMENT.—The other than ballast water. gine described in subclause (I)(bb) or (III) of Secretary shall administer and enforce the uni- (b) REVISED BALLAST WATER DISCHARGE clause (i) whenever the vessel is waterborne. form national standards and requirements STANDARD; 8-YEAR REVIEW.— (B) EXCLUSIONS.—The term ‘‘discharge inci- under this title. Each State may enforce the uni- (1) IN GENERAL.—Subject to the feasibility re- dental to the normal operation of a vessel’’ does form national standards and requirements view under paragraph (2), not later than Janu- not include— under this title. ary 1, 2024, the Secretary, in consultation with

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the Administrator, shall issue a final rule revis- water discharge standard under paragraph (1), (i) DETERMINATIONS.—The Secretary shall ap- ing the ballast water discharge standard under the Secretary shall require the use of the man- prove or deny a petition for an extension of a subsection (a)(1) so that a ballast water dis- agement system that achieves the performance compliance deadline submitted by an owner or charge incidental to the normal operation of a levels of the best available technology that is operator under this paragraph. vessel will contain— economically achievable. (ii) DEADLINE.—If the Secretary does not ap- (A) less than 1 organism that is living or has (ii) IMPLEMENTATION DEADLINE.—If the Sec- prove or deny a petition referred to in clause (i) not been rendered harmless per 10 cubic meters retary, in consultation with the Administrator, on or before the last day of the 90-day period be- that is 50 or more micrometers in minimum di- determines that the management system under ginning on the date of submission of the peti- mension; clause (i) cannot be implemented before the im- tion, the petition shall be deemed approved. (B) less than 1 organism that is living or has plementation deadline under paragraph (3) with (c) FUTURE REVISIONS OF VESSEL INCIDENTAL not been rendered harmless per 10 milliliters that respect to a class of vessels, the Secretary shall DISCHARGE STANDARDS; DECENNIAL REVIEWS.— is less than 50 micrometers in minimum dimen- extend the implementation deadline for that (1) REVISED BALLAST WATER DISCHARGE STAND- sion and more than 10 micrometers in minimum class of vessels for not more than 36 months. ARDS.—The Secretary, in consultation with the dimension; (iii) COMPLIANCE.—If the implementation Administrator, shall complete a review, 10 years (C) concentrations of indicator microbes that deadline under paragraph (3) is extended, the after the issuance of a final rule under sub- are less than— Secretary shall recommend action to ensure section (b) and every 10 years thereafter, to de- (i) 1 colony-forming unit of toxicogenic Vibrio compliance with the extended implementation termine whether further revision of the ballast cholera (serotypes O1 and O139) per 100 milli- deadline under clause (ii). water discharge standard would result in a sci- liters or less than 1 colony-forming unit of that (D) HIGHER REVISED DISCHARGE STANDARD.— entifically demonstrable and substantial reduc- microbe per gram of wet weight of zoological (i) IN GENERAL.—If the Secretary, in consulta- tion in the risk of the introduction or establish- samples; tion with the Administrator, determines that a ment of aquatic nuisance species. (ii) 126 colony-forming units of Escherichia ballast water management system exists that ex- (2) REVISED STANDARDS FOR DISCHARGES coli per 100 milliliters; and ceeds the revised ballast water discharge stand- OTHER THAN BALLAST WATER.—The Secretary, in (iii) 33 colony-forming units of intestinal ard under paragraph (1) with respect to a class consultation with the Administrator, may in- enterococci per 100 milliliters; and of vessels and is the best available technology clude in a decennial review under this sub- (D) concentrations of such additional indi- that is economically achievable, the Secretary section best management practices for dis- cator microbes and of viruses as may be speci- shall revise the ballast water discharge standard charges (including practices, limitations, or con- fied in regulations issued by the Secretary in for that class of vessels to incorporate the higher centrations) covered by subsection (a)(2). The consultation with the Administrator and such discharge standard. Secretary shall initiate a rulemaking to revise 1 other Federal agencies as the Secretary and the (ii) IMPLEMENTATION DEADLINE.—If the Sec- or more best management practices for such dis- Administrator consider appropriate. retary, in consultation with the Administrator, charges after a decennial review if the Sec- (2) FEASIBILITY REVIEW.— determines that the management system under retary, in consultation with the Administrator, (A) IN GENERAL.—Not less than 2 years before clause (i) can be implemented before the imple- determines that revising 1 or more of such prac- January 1, 2024, the Secretary, in consultation mentation deadline under paragraph (3) with tices would substantially reduce the impacts on with the Administrator, shall complete a review respect to a class of vessels, the Secretary shall navigable waters of discharges incidental to the to determine the feasibility of achieving the re- accelerate the implementation deadline for that normal operation of a vessel other than ballast vised ballast water discharge standard under class of vessels. If the implementation deadline water. paragraph (1). under paragraph (3) is accelerated, the Sec- (3) CONSIDERATIONS.—In conducting a review RITERIA FOR REVIEW OF BALLAST WATER (B) C retary shall provide not less than 24 months no- under paragraph (1), the Secretary, the Admin- DISCHARGE STANDARD.—In conducting a review tice before the accelerated deadline takes effect. istrator, and the heads of other Federal agencies under subparagraph (A), the Secretary shall (3) IMPLEMENTATION DEADLINE.—The revised as the Secretary considers appropriate, shall consider whether revising the ballast water dis- ballast water discharge standard under para- consider the criteria under section 705(b)(2)(B). charge standard will result in a scientifically graph (1) shall apply to a vessel beginning on (4) REVISION AFTER DECENNIAL REVIEW.—The demonstrable and substantial reduction in the the date of the first drydocking of the vessel on Secretary shall initiate a rulemaking to revise risk of introduction or establishment of aquatic or after January 1, 2024, but not later than De- the current ballast water discharge standard nuisance species, taking into account— cember 31, 2026. after a decennial review if the Secretary, in con- (i) improvements in the scientific under- (4) REVISED DISCHARGE STANDARD COMPLIANCE sultation with the Administrator, determines standing of biological and ecological processes DEADLINES.— that revising the current ballast water discharge that lead to the introduction or establishment of (A) IN GENERAL.—The Secretary may establish standard would result in a scientifically demon- aquatic nuisance species; a compliance deadline for compliance by a vessel strable and substantial reduction in the risk of (ii) improvements in ballast water manage- (or a class, type, or size of vessel) with a revised the introduction or establishment of aquatic ment systems, including— ballast water discharge standard under this sub- nuisance species. (I) the capability of such management systems section. (d) ALTERNATIVE BALLAST WATER MANAGE- to achieve a revised ballast water discharge (B) PROCESS FOR GRANTING EXTENSIONS.—In MENT REQUIREMENTS.—Nothing in this title may standard; issuing regulations under this subsection, the be construed to preclude the Secretary from au- (II) the effectiveness and reliability of such Secretary shall establish a process for an owner thorizing the use of alternate means or methods management systems in the shipboard environ- or operator to submit a petition to the Secretary of managing ballast water (including flow- ment; for an extension of a compliance deadline with through exchange, empty/refill exchange, and (III) the compatibility of such management respect to the vessel of the owner or operator. transfer to treatment facilities in place of a ves- systems with the design and operation of a ves- (C) PERIOD OF EXTENSIONS.—An extension sel ballast water management system required sel by class, type, and size; issued under subparagraph (B) may be for a pe- under this section) if the Secretary, in consulta- (IV) the commercial availability of such man- riod of not to exceed 18 months from the date of tion with the Administrator, determines that agement systems; and the applicable deadline under subparagraph (A) such means or methods would not pose a greater (V) the safety of such management systems; and may be renewed for additional periods of risk of introduction of aquatic nuisance species (iii) improvements in the capabilities to detect, not to exceed 18 months each, except that the in navigable waters than the use of a ballast quantify, and assess the viability of aquatic total period of extension may not exceed 5 years. water management system that achieves the ap- nuisance species at the concentrations under (D) FACTORS.—In issuing a compliance dead- plicable ballast water discharge standard. consideration; line or reviewing a petition under this para- (e) GREAT LAKES REQUIREMENTS.—In addition (iv) the impact of ballast water management graph, the Secretary shall consider, with respect to the other standards and requirements im- systems on water quality; and to the ability of an owner or operator to meet a posed by this section, in the case of a vessel that (v) the costs, cost-effectiveness, and impacts compliance deadline, the following factors: of— (i) Whether the management system to be in- enters the Great Lakes through the St. Law- (I) a revised ballast water discharge standard, stalled is available in sufficient quantities to rence River after operating outside the exclusive including the potential impacts on shipping, meet the compliance deadline. economic zone of the United States the Sec- trade, and other uses of the aquatic environ- (ii) Whether there is sufficient shipyard or retary, in consultation with the Administrator, ment; and other installation facility capacity. shall establish a requirement that the vessel (II) maintaining the existing ballast water dis- (iii) Whether there is sufficient availability of conduct saltwater flushing of all ballast water charge standard, including the potential im- engineering and design resources. tanks onboard prior to entry. pacts on water-related infrastructure, recre- (iv) Vessel characteristics, such as engine SEC. 706. TREATMENT TECHNOLOGY CERTIFI- ation, propagation of native fish, shellfish, and room size, layout, or a lack of installed piping. CATION. wildlife, and other uses of navigable waters. (v) Electric power generating capacity aboard (a) CERTIFICATION REQUIRED.—No manufac- (C) LOWER REVISED DISCHARGE STANDARD.— the vessel. turer of a ballast water management system (i) IN GENERAL.—If the Secretary, in consulta- (vi) Safety of the vessel and crew. shall sell, offer for sale, or introduce or deliver tion with the Administrator, determines on the (vii) Any other factors the Secretary considers for introduction into interstate commerce, or im- basis of the feasibility review and after an op- appropriate, including the availability of a bal- port into the United States for sale or resale, a portunity for a public hearing that no ballast last water reception facility or other means of ballast water management system for a vessel water management system can be certified under managing ballast water. unless it has been certified under this section. section 706 to comply with the revised ballast (E) CONSIDERATION OF PETITIONS.— (b) CERTIFICATION PROCESS.—

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(1) EVALUATION.—Upon application of a man- (1) it uses a biocide or generates a biocide that dental to the normal operation of a recreational ufacturer, the Secretary shall evaluate a ballast is a pesticide, as defined in section 2 of the Fed- vessel (as defined in section 2101(25) of title 46, water management system with respect to— eral Insecticide, Fungicide, and Rodenticide Act United States Code) under this title. (A) the effectiveness of the management sys- (7 U.S.C. 136), unless the biocide is registered (d) BALLAST WATER DISCHARGES.—No permit tem in achieving the current ballast water dis- under that Act or the Secretary, in consultation shall be required or prohibition enforced under charge standard when installed on a vessel (or with Administrator, has approved the use of the any other provision of law for, nor shall any a class, type, or size of vessel); biocide in such management system; or ballast water discharge standard under this title (B) the compatibility with vessel design and (2) it uses or generates a biocide the discharge apply to— operations; of which causes or contributes to a violation of (1) a ballast water discharge incidental to the (C) the effect of the management system on a water quality standard under section 303 of normal operation of a vessel determined by the vessel safety; the Federal Water Pollution Control Act (33 Secretary to— (D) the impact on the environment; U.S.C. 1313). (A) operate exclusively within a geographi- (E) the cost effectiveness; and (h) PROHIBITION.— cally limited area; (F) any other criteria the Secretary considers (1) IN GENERAL.—Except as provided in para- (B) take up and discharge ballast water exclu- appropriate. graph (2), the use of a ballast water manage- sively within 1 Captain of the Port Zone estab- (2) APPROVAL.—If after an evaluation under ment system by an owner or operator of a vessel lished by the Coast Guard unless the Secretary paragraph (1) the Secretary determines that the shall not satisfy the requirements of this title determines such discharge poses a substantial management system meets the criteria, the Sec- unless it has been approved by the Secretary risk of introduction or establishment of an retary may certify the management system for under subsection (b). aquatic nuisance species; use on a vessel (or a class, type, or size of ves- (2) EXCEPTIONS.— (C) operate pursuant to a geographic restric- sel). (A) COAST GUARD SHIPBOARD TECHNOLOGY tion issued as a condition under section 3309 of (3) SUSPENSION AND REVOCATION.—The Sec- EVALUATION PROGRAM.—An owner or operator title 46, United States Code, or an equivalent re- retary shall establish, by regulation, a process may use a ballast water management system striction issued by the country of registration of to suspend or revoke a certification issued under that has not been certified by the Secretary to the vessel; or this section. comply with the requirements of this section if (D) continuously take on and discharge bal- (c) CERTIFICATION CONDITIONS.— the technology is being evaluated under the last water in a flow-through system that does (1) IMPOSITION OF CONDITIONS.—In certifying Coast Guard Shipboard Technology Evaluation not introduce aquatic nuisance species into nav- a ballast water management system under this Program. igable waters; section, the Secretary, in consultation with the (B) BALLAST WATER MANAGEMENT SYSTEMS (2) a ballast water discharge incidental to the Administrator, may impose any condition on the CERTIFIED BY FOREIGN ENTITIES.—An owner or normal operation of a vessel consisting entirely subsequent installation, use, or maintenance of operator may use a ballast water management of water sourced from a United States public the management system onboard a vessel as is system that has not been certified by the Sec- water system that meets the requirements under necessary for— retary to comply with the requirements of this the Safe Drinking Water Act (42 U.S.C. 300f et (A) the safety of the vessel, the crew of the section if the management system has been cer- seq.) or from a foreign public water system de- vessel, and any passengers aboard the vessel; tified by a foreign entity and the certification termined by the Administrator to be suitable for (B) the protection of the environment; or demonstrates performance and safety of the human consumption; or (C) the effective operation of the management management system equivalent to the require- (3) a ballast water discharge incidental to the system. ments of this section, as determined by the Sec- normal operation of a vessel in an alternative (2) FAILURE TO COMPLY.—The failure of an retary. compliance program established pursuant to sec- owner or operator to comply with a condition (i) TESTING PROTOCOLS.—Not later than 180 tion 708. imposed under paragraph (1) shall be considered days after the date of the enactment of this Act, (e) VESSELS WITH PERMANENT BALLAST a violation of this section. the Secretary, in consultation with the Adminis- WATER.—No permit shall be required or prohibi- (d) PERIOD FOR USE OF INSTALLED TREATMENT trator, shall issue requirements for land-based tion enforced regarding a ballast water dis- EQUIPMENT.—Notwithstanding anything to the and shipboard testing protocols or criteria for— charge incidental to the normal operation of a contrary in this title or any other provision of (1) certifying the performance of each ballast vessel under any other provision of law for, nor law, the Secretary shall allow a vessel on which water management system under this section; shall any ballast water discharge standard a management system is installed and operated and under this title apply to, a vessel that carries all to meet a ballast water discharge standard (2) certifying laboratories to evaluate such of its permanent ballast water in sealed tanks under this title to continue to use that system, treatment technologies. that are not subject to discharge. notwithstanding any revision of a ballast water SEC. 707. EXEMPTIONS. (f) VESSELS OF THE ARMED FORCES.—Nothing discharge standard occurring after the manage- in this title may be construed to apply to— ment system is ordered or installed until the ex- (a) INCIDENTAL DISCHARGES.—Except in a Na- tional Marine Sanctuary or a Marine National (1) a vessel owned or operated by the Depart- piration of the service life of the management ment of Defense (other than a time-chartered or system, as determined by the Secretary, if the Monument, no permit shall be required or prohi- bition enforced under any other provision of law voyage-chartered vessel); or management system— (2) a vessel of the Coast Guard, as designated (1) is maintained in proper working condition, for, nor shall any standards regarding a dis- charge incidental to the normal operation of a by the Secretary of the department in which the as determined by the Secretary; and Coast Guard is operating. (2) continues to meet the discharge standard vessel under this title apply to— in effect at the time of installation. (1) a discharge incidental to the normal oper- SEC. 708. ALTERNATIVE COMPLIANCE PROGRAM. (e) CERTIFICATES OF TYPE APPROVAL FOR THE ation of a vessel if the vessel is less than 79 feet (a) IN GENERAL.—The Secretary, in consulta- TREATMENT TECHNOLOGY.— in length and engaged in commercial service (as tion with the Administrator, may promulgate (1) ISSUANCE.—If the Secretary approves a such terms are defined in section 2101(5) of title regulations establishing 1 or more compliance ballast water management system for certifi- 46, United States Code); or programs as an alternative to ballast water cation under subsection (b), the Secretary shall (2) a discharge incidental to the normal oper- management regulations issued under section issue a certificate of type approval for the man- ation of a vessel if the vessel is a fishing vessel, 705 for a vessel that— agement system to the manufacturer in such including a fish processing vessel and a fish ten- (1) has a maximum ballast water capacity of form and manner as the Secretary determines der vessel, (as defined in section 2101 of title 46, less than 8 cubic meters; or appropriate. United States Code). (2) is less than 3 years from the end of the use- (2) CERTIFICATION CONDITIONS.—A certificate (b) DISCHARGES INTO NAVIGABLE WATERS.—No ful life of the vessel, as determined by the Sec- of type approval issued under paragraph (1) permit shall be required or prohibition enforced retary. shall specify each condition imposed by the Sec- under any other provision of law for, nor shall (b) RULEMAKING.— retary under subsection (c). any standards regarding a discharge incidental (1) FACILITY STANDARDS.—Not later than 1 (3) OWNERS AND OPERATORS.—A manufacturer to the normal operation of a vessel under this year after the date of the enactment of this Act, that receives a certificate of type approval for title apply to— the Administrator, in consultation with the Sec- the management system under this subsection (1) any discharge into navigable waters from retary, shall promulgate standards for— shall provide a copy of the certificate to each a vessel authorized by an on-scene coordinator (A) the reception of ballast water from a vessel owner and operator of a vessel on which the in accordance with part 300 of title 40, Code of into a reception facility; and management system is installed. Federal Regulations, or part 153 of title 33, Code (B) the disposal or treatment of the ballast (f) INSPECTIONS.—An owner or operator who of Federal Regulations; water under paragraph (1). receives a copy of a certificate under subsection (2) any discharge into navigable waters from (2) TRANSFER STANDARDS.—The Secretary, in (e)(3) shall retain a copy of the certificate on- a vessel that is necessary to secure the safety of consultation with the Administrator, is author- board the vessel and make the copy of the cer- the vessel or human life, or to suppress a fire ized to promulgate standards for the arrange- tificate available for inspection at all times onboard the vessel or at a shoreside facility; or ments necessary on a vessel to transfer ballast while the owner or operator is utilizing the man- (3) a vessel of the armed forces of a foreign water to a facility. agement system. nation when engaged in noncommercial service. SEC. 709. JUDICIAL REVIEW. (g) BIOCIDES.—The Secretary may not approve (c) RECREATIONAL VESSEL DISCHARGES.—No (a) IN GENERAL.—An interested person may a ballast water management system under sub- permit shall be required, nor shall any stand- file a petition for review of a final regulation section (b) if— ards be established, regarding a discharge inci- promulgated under this title in the United

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00079 Fmt 4637 Sfmt 6333 E:\CR\FM\A29JN6.058 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4762 CONGRESSIONAL RECORD — SENATE June 29, 2016 States Court of Appeals for the District of Co- exclusive statutory authority for the regulation and subject matter experts as the Secretary con- lumbia Circuit. by the Federal Government of any anti-fouling siders appropriate. (b) DEADLINE.—A petition shall be filed not system that is covered under the International (d) AVAILABILITY OF POLICY.—The Secretary later than 120 days after the date that notice of Convention on the Control of Harmful Anti- shall ensure that the policy developed under the promulgation appears in the Federal Reg- Fouling Systems on Ships, 2001. Nothing in this subsection (a) is available to— ister. title may be construed to alter or amend such (1) all employees of the Administration and (c) EXCEPTION.—Notwithstanding subsection title X or any regulation issued pursuant to the members of the commissioned officer corps of the (b), a petition that is based solely on grounds authority under such title. Administration, including those employees and that arise after the deadline to file a petition SEC. 712. RELATIONSHIP TO OTHER LAWS. members who conduct field work for the Admin- under subsection (b) has passed may be filed not Section 1205 of the Nonindigenous Aquatic istration; and later than 120 days after the date that the Nuisance Prevention and Control Act of 1990 (16 (2) the public. grounds first arise. U.S.C. 4725) is amended— (e) GEOGRAPHIC DISTRIBUTION OF EQUAL EM- SEC. 710. EFFECT ON STATE AUTHORITY. (1) by striking ‘‘All actions’’ and inserting the PLOYMENT OPPORTUNITY PERSONNEL.—The Sec- (a) IN GENERAL.—No State or political subdivi- following: retary shall ensure that at least 1 employee of sion thereof may adopt or enforce any statute or ‘‘(a) IN GENERAL.—Except as provided in sub- the Administration who is tasked with handling regulation of the State or political subdivision section (b), all actions’’; and matters relating to equal employment oppor- with respect to a discharge incidental to the (2) by adding at the end the following: tunity or sexual harassment is stationed— normal operation of a vessel after the date of ‘‘(b) VESSEL INCIDENTAL DISCHARGES.—Not- (1) in each region in which the Administration enactment of this Act. withstanding subsection (a), the Vessel Inci- conducts operations; and (2) in each marine and aviation center of the (b) SAVINGS CLAUSE.—Notwithstanding sub- dental Discharge Act shall be the exclusive stat- section (a), the Governor of a State may petition utory authority for the regulation by the Fed- Administration. the Secretary to adopt a national ballast water eral Government of discharges incidental to the (f) QUARTERLY REPORTS.— (1) IN GENERAL.—Not less frequently than 4 discharge standard that is more stringent than normal operation of a vessel.’’. times each year, the Director of the Civil Rights the ballast water performance standard under SEC. 713. SAVINGS PROVISION. Office of the Administration shall submit to the section 705(a)(1)(A) upon a showing that— Any action taken by the Federal Government Under Secretary a report on sexual harassment (1) compliance with the proposed ballast water under this Act shall be in full compliance with in the Administration. discharge standard can in fact be achieved and its obligations under applicable provisions of (2) CONTENTS.—Each report submitted under detected by a ballast water management system international law. paragraph (1) shall include the following: that is economically achievable and operation- TITLE VIII—NATIONAL OCEANIC AND AT- (A) Number of sexual harassment cases, both ally practicable; MOSPHERIC ADMINISTRATION SEXUAL actionable and non-actionable, involving indi- (2) the proposed ballast water discharge HARASSMENT AND ASSAULT PREVEN- viduals covered by the policy developed under standard is consistent with obligations under TION ACT subsection (a). relevant international treaties or agreements to (B) Number of open actionable sexual harass- which the United States is a party; and SEC. 801. SHORT TITLE. ment cases and how long the cases have been (3) any other factors that the Secretary, in This title may be cited as the ‘‘National Oce- open. consultation with the Administrator, deems rel- anic and Atmospheric Administration Sexual (C) Such trends or region specific issues as the evant. Harassment and Assault Prevention Act’’. Director may have discovered with respect to (c) PETITION PROCESS.— Subtitle A—Sexual Harassment and Assault sexual harassment in the Administration. (1) SUBMISSION.—The Governor of a State Prevention at the National Oceanic and At- (D) Such recommendations as the Director shall submit a petition to the Secretary request- mospheric Administration may have with respect to sexual harassment in ing the Secretary to review the statute or regu- SEC. 811. ACTIONS TO ADDRESS SEXUAL HARASS- the Administration. lation. MENT AT NATIONAL OCEANIC AND SEC. 812. ACTIONS TO ADDRESS SEXUAL ASSAULT (2) CONTENTS; TIMING.—A petition submitted ATMOSPHERIC ADMINISTRATION. AT NATIONAL OCEANIC AND ATMOS- under paragraph (1) shall be accompanied by (a) REQUIRED POLICY.—Not later than 1 year PHERIC ADMINISTRATION. the scientific and technical information on after the date of the enactment of this Act, the (a) COMPREHENSIVE POLICY ON PREVENTION which the petition is based. Secretary of Commerce shall, acting through the AND RESPONSE TO SEXUAL ASSAULTS.—Not later (3) DETERMINATIONS.—The Secretary shall Under Secretary for Oceans and Atmosphere, than 1 year after the date of the enactment of make a determination on a petition under this develop a policy on the prevention of and re- this Act, the Secretary of Commerce shall, act- subsection not later than 90 days after the date sponse to sexual harassment involving employ- ing through the Under Secretary for Oceans and that the Secretary determines that a complete ees of the National Oceanic and Atmospheric Atmosphere, develop a comprehensive policy on petition has been received. Administration, members of the commissioned the prevention of and response to sexual as- SEC. 711. APPLICATION WITH OTHER STATUTES. officer corps of the Administration, and individ- saults involving employees of the National Oce- (a) EXCLUSIVE STATUTORY AUTHORITY.—Ex- uals who work with or conduct business on be- anic and Atmospheric Administration, members cept as otherwise provided in this section and half of the Administration. of the commissioned officer corps of the Admin- notwithstanding any other provision of law, (b) MATTERS TO BE SPECIFIED IN POLICY.— istration, and individuals who work with or this title shall be the exclusive statutory author- The policy developed under subsection (a) shall conduct business on behalf of the Administra- ity for regulation by the Federal Government of include— tion. discharges incidental to the normal operation of (1) establishment of a program to promote (b) ELEMENTS OF COMPREHENSIVE POLICY.— a vessel to which this title applies. awareness of the incidence of sexual harass- The comprehensive policy developed under sub- (b) EFFECT OF EXISTING REGULATIONS.—Ex- ment; section (a) shall, at minimum, address the fol- cept as provided under section 705(a)(1)(A), any (2) clear procedures an individual should fol- lowing matters: regulation in effect on the date immediately pre- low in the case of an occurrence of sexual har- (1) Prevention measures. ceding the effective date of this Act relating to assment, including— (2) Education and training on prevention and any permitting requirement for or prohibition on (A) a specification of the person or persons to response. discharges incidental to the normal operation of whom an alleged occurrence of sexual harass- (3) A list of support resources an individual a vessel to which this title applies— ment should be reported by an individual and may use in the occurrence of sexual assault, in- (1) shall be deemed to be a regulation issued options for confidential reporting, including— cluding— pursuant to the authority of this title; and (i) options and contact information for after- (A) options and contact information for after- (2) shall remain in full force and effect unless hours contact; and hours contact; and or until superseded by new regulations issued (ii) procedure for obtaining assistance and re- (B) procedure for obtaining assistance and re- under this title. porting sexual harassment while working in a porting sexual assault while working in a re- (c) ACT TO PREVENT POLLUTION FROM remote scientific field camp, at sea, or in an- mote scientific field camp, at sea, or in another SHIPS.—The Act to Prevent Pollution from Ships other field status; and field status. (33 U.S.C. 1901 et seq.) shall be the exclusive (B) a specification of any other person whom (4) Easy and ready availability of information statutory authority for the regulation by the the victim should contact; described in paragraph (3). Federal Government of any discharge or emis- (3) establishment of a mechanism by which— (5) Establishing a mechanism by which— sion that is covered under the International (A) questions regarding sexual harassment (A) questions regarding sexual assault can be Convention for the Prevention of Pollution from can be confidentially asked and confidentially confidentially asked and confidentially an- Ships, 1973, as modified by the Protocol of 1978, answered; and swered; and done at London February 17, 1978. Nothing in (B) incidents of sexual harassment can be (B) incidents of sexual assault can be con- this title may be construed to alter or amend confidentially reported; and fidentially reported. such Act or any regulation issued pursuant to (4) a prohibition on retaliation and con- (6) Protocols for the investigation of com- the authority of such Act. sequences for retaliatory actions. plaints by command and law enforcement per- (d) TITLE X OF THE COAST GUARD AND MARI- (c) CONSULTATION AND ASSISTANCE.—In devel- sonnel. TIME TRANSPORTATION ACT OF 2010.—Title X of oping the policy required by subsection (a), the (7) Prohibiting retaliation and consequences the Coast Guard and Maritime Transportation Secretary may consult or receive assistance from for retaliatory actions against someone who re- Act of 2010 (33 U.S.C. 3801 et seq.) shall be the such State, local, and national organizations ports a sexual assault.

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00080 Fmt 4637 Sfmt 6333 E:\CR\FM\A29JN6.058 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4763 (8) Oversight by the Under Secretary of ad- (A) in the case of a member of the commis- individuals who work with or conduct business ministrative and disciplinary actions in response sioned officer corps of the National Oceanic and on behalf of the Administration. to substantial incidents of sexual assault. Atmospheric Administration who was a victim of (b) CONTENTS.—Each report submitted under (9) Victim advocacy, including establishment a sexual assault, in order to reduce the possi- subsection (a) shall include, with respect to the of and the responsibilities and training require- bility of retaliation or further sexual assault, previous calendar year, the following: ments for victim advocates as described in sub- provide for timely determination and action on (1) The number of alleged sexual assaults in- section (c). an application submitted by the victim for con- volving employees, members, and individuals de- (10) Availability of resources for victims of sideration of a change of station or unit transfer scribed in subsection (a). sexual assault within other Federal agencies of the victim; and (2) A synopsis of each case and the discipli- and State, local, and national organizations. (B) in the case of an employee of the Adminis- nary action taken, if any, in each case. (c) VICTIM ADVOCACY.— tration who was a victim of a sexual assault, to (3) The policies, procedures, and processes im- (1) IN GENERAL.—The Secretary, acting the degree practicable and in order to reduce the plemented by the Secretary, and any updates or through the Under Secretary, shall establish possibility of retaliation against the employee revisions to such policies, procedures, and proc- victim advocates to advocate for victims of sex- for reporting the sexual assault, accommodate a esses. ual assaults involving employees of the Adminis- request for a change of work location of the vic- (4) A summary of the reports received by the tration, members of the commissioned officer tim. Under Secretary for Oceans and Atmosphere corps of the Administration, and individuals (2) PROCEDURES.— under section 811(f). who work with or conduct business on behalf of (A) PERIOD FOR APPROVAL AND DIS- (c) PRIVACY PROTECTION.—In preparing and the Administration. APPROVAL.—The Secretary, acting through the submitting a report under subsection (a), the (2) VICTIM ADVOCATES.—For purposes of this Under Secretary, shall ensure that an applica- Secretary shall ensure that no individual in- subsection, a victim advocate is a permanent tion or request submitted under paragraph (1) volved in an alleged sexual assault can be iden- employee of the Administration who— for a change of station, unit transfer, or change tified by the contents of the report. (A) is trained in matters relating to sexual as- of work location is approved or denied within 72 SEC. 817. DEFINITION. sault and the comprehensive policy developed hours of the submission of the application or re- In this subtitle, the term ‘‘sexual assault’’ under subsection (a); and quest. shall have the meaning given such term in sec- (B) serves as a victim advocate voluntarily (B) REVIEW.—If an application or request sub- tion 40002(a) of the Violence Against Women Act and in addition to the employee’s other duties mitted under paragraph (1) by a victim of a sex- of 1994 (42 U.S.C. 13925(a)). as an employee of the Administration. ual assault for a change of station, unit trans- Subtitle B—Commissioned Officer Corps of (3) PRIMARY DUTIES.—The primary duties of a fer, or change of work location of the victim is victim advocate established under paragraph (1) the National Oceanic and Atmospheric Ad- denied— ministration shall include the following: (i) the victim may request the Secretary review (A) Supporting victims of sexual assault and the denial; and SEC. 820. REFERENCES TO NATIONAL OCEANIC informing them of their rights and the resources (ii) the Secretary, acting through the Under AND ATMOSPHERIC ADMINISTRA- available to them as victims. TION COMMISSIONED OFFICER Secretary, shall, not later than 72 hours after CORPS ACT OF 2002. (B) Acting as a companion in navigating in- receiving such request, affirm or overturn the vestigative, medical, mental and emotional Except as otherwise expressly provided, when- denial. ever in this title an amendment or repeal is ex- health, and recovery processes relating to sexual (b) CHANGE OF STATION, UNIT TRANSFER, AND assault. pressed in terms of an amendment to, or repeal CHANGE OF WORK LOCATION OF ALLEGED PER- of, a section or other provision, the reference (C) Helping to identify resources to ensure the PETRATORS.— safety of victims of sexual assault. shall be considered to be made to a section or (1) IN GENERAL.—The Secretary, acting other provision of the National Oceanic and At- (4) LOCATION.—The Secretary shall ensure through the Under Secretary, shall develop a that at least 1 victim advocate established under mospheric Administration Commissioned Officer policy for the protection of victims of sexual as- Corps Act of 2002 (33 U.S.C. 3001 et seq.). paragraph (1) is stationed— sault described in subsection (a)(1) by providing (A) in each region in which the Administra- the alleged perpetrator of the sexual assault PART I—GENERAL PROVISIONS tion conducts operations; and with a change of station, unit transfer, or SEC. 821. STRENGTH AND DISTRIBUTION IN (B) in each marine and aviation center of the change of work location, as the case may be, if GRADE. Administration. the alleged perpetrator is a member of the com- Section 214 (33 U.S.C. 3004) is amended to read (5) HOTLINE.— missioned officer corps of the Administration or as follows: (A) IN GENERAL.—In carrying out this sub- an employee of the Administration. ‘‘SEC. 214. STRENGTH AND DISTRIBUTION IN section, the Secretary shall establish a telephone (2) POLICY REQUIREMENTS.—The policy re- GRADE. number at which a victim of a sexual assault quired by paragraph (1) shall include the fol- ‘‘(a) GRADES.—The commissioned grades in can contact a victim advocate. lowing: the commissioned officer corps of the Adminis- (B) 24-HOUR ACCESS.—The Secretary shall en- (A) A means to control access to the victim. tration are the following, in relative rank with sure that the telephone number established (B) Due process for the victim and the alleged officers of the Navy: under subparagraph (A) is monitored at all perpetrator. ‘‘(1) Vice admiral. times. (c) REGULATIONS.— ‘‘(2) Rear admiral. (6) FORMAL RELATIONSHIPS WITH OTHER ENTI- (1) IN GENERAL.—The Secretary shall promul- ‘‘(3) Rear admiral (lower half). TIES.—The Secretary may enter into formal rela- gate regulations to carry out this section. ‘‘(4) Captain. tionships with other entities to make available (2) CONSISTENCY.—When practicable, the Sec- ‘‘(5) Commander. additional victim advocates. retary shall make regulations promulgated ‘‘(6) Lieutenant commander. (d) AVAILABILITY OF POLICY.—The Secretary under this section consistent with similar regu- ‘‘(7) Lieutenant. shall ensure that the policy developed under lations promulgated by the Secretary of Defense. ‘‘(8) Lieutenant (junior grade). subsection (a) is available to— SEC. 815. APPLICABILITY OF POLICIES TO CREWS ‘‘(9) Ensign. (1) all employees of the Administration and OF VESSELS SECURED BY NATIONAL ‘‘(b) GRADE DISTRIBUTION.—The Secretary members of the commissioned officer corps of the OCEANIC AND ATMOSPHERIC ADMIN- shall prescribe, with respect to the distribution Administration, including those employees and ISTRATION UNDER CONTRACT. on the lineal list in grade, the percentages appli- members who conduct field work for the Admin- The Under Secretary for Oceans and Atmos- cable to the grades set forth in subsection (a). istration; and phere shall ensure that each contract into ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN (2) the public. which the Under Secretary enters for the use of GRADE.— (e) CONSULTATION AND ASSISTANCE.—In devel- a vessel by the National Oceanic and Atmos- ‘‘(1) IN GENERAL.—Not less frequently than oping the policy required by subsection (a), the pheric Administration that covers the crew of once each year, the Secretary shall make a com- Secretary may consult or receive assistance from the vessel, if any, shall include as a condition of putation to determine the number of officers on such State, local, and national organizations the contract a provision that subjects such crew the lineal list authorized to be serving in each and subject matter experts as the Secretary con- to the policy developed under section 811(a) and grade. siders appropriate. the comprehensive policy developed under sec- ‘‘(2) METHOD OF COMPUTATION.—The number SEC. 813. RIGHTS OF THE VICTIM OF A SEXUAL tion 812(a). in each grade shall be computed by applying the ASSAULT. SEC. 816. ANNUAL REPORT ON SEXUAL ASSAULTS applicable percentage to the total number of A victim of a sexual assault covered by the IN THE NATIONAL OCEANIC AND AT- such officers serving on active duty on the date comprehensive policy developed under section MOSPHERIC ADMINISTRATION. the computation is made. 812(a) has the right to be reasonably protected (a) IN GENERAL.—Not later than January 15 of ‘‘(3) FRACTIONS.—If a final fraction occurs in from the accused. each year, the Secretary of Commerce shall sub- computing the authorized number of officers in SEC. 814. CHANGE OF STATION. mit to the Committee on Commerce, Science, and a grade, the nearest whole number shall be (a) CHANGE OF STATION, UNIT TRANSFER, OR Transportation of the Senate and the Committee taken. If the fraction is 1⁄2, the next higher CHANGE OF WORK LOCATION OF VICTIMS.— on Natural Resources of the House of Represent- whole number shall be taken. (1) TIMELY CONSIDERATION AND ACTION UPON atives a report on the sexual assaults involving ‘‘(d) TEMPORARY INCREASE IN NUMBERS.—The REQUEST.—The Secretary of Commerce, acting employees of the National Oceanic and Atmos- total number of officers authorized by law to be through the Under Secretary for Oceans and At- pheric Administration, members of the commis- on the lineal list during a fiscal year may be mosphere, shall— sioned officer corps of the Administration, and temporarily exceeded if the average number on

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TRAINING AND PHYSICAL FITNESS. personnel safety requirements included in the retired status shall not be counted when com- (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 et policy required by subsection (a)— puting authorized strengths under subsection (c) seq.), as amended by section 823(a), is further (1) do not exceed the vessel safety require- and shall not count against those strengths. amended by adding at the end the following: ments and personnel safety requirements pro- ‘‘(f) PRESERVATION OF GRADE AND PAY.—No mulgated by the Secretary of the department in ‘‘SEC. 217. TRAINING AND PHYSICAL FITNESS. officer may be reduced in grade or pay or sepa- which the Coast Guard is operating; and ‘‘(a) TRAINING.—The Secretary may take such (2) to the degree practicable, are consistent rated from the commissioned officer corps of the measures as may be necessary to ensure that of- Administration as the result of a computation with the requirements described in paragraph ficers are prepared to carry out their duties in (1). made to determine the authorized number of of- the commissioned officer corps of the Adminis- SEC. 827. TECHNICAL CORRECTION. ficers in the various grades.’’. tration and proficient in the skills necessary to Section 101(21)(C) of title 38, United States SEC. 822. RECALLED OFFICERS. carry out such duties. Such measures may in- Code, is amended by inserting ‘‘in the commis- Section 215 (33 U.S.C. 3005) is amended— clude the following: (1) in the matter before paragraph (1), by ‘‘(1) Carrying out training programs and cor- sioned officer corps’’ before ‘‘of the National’’. striking ‘‘Effective’’ and inserting the following: respondence courses, including establishing and PART II—PARITY AND RECRUITMENT ‘‘(a) IN GENERAL.—Effective’’; and operating a basic officer training program to SEC. 831. EDUCATION LOANS. (2) by adding at the end the following new provide initial indoctrination and maritime vo- (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et subsection: cational training for officer candidates as well seq.) is amended by adding at the end the fol- ‘‘(b) POSITIONS OF IMPORTANCE AND RESPONSI- as refresher training, mid-career training, avia- lowing: BILITY.—Officers serving in positions designated tion training, and such other training as the ‘‘SEC. 267. EDUCATION LOAN REPAYMENT PRO- under section 228 and officers recalled from re- Secretary considers necessary for officer devel- GRAM. tired status— opment and proficiency. ‘‘(a) AUTHORITY TO REPAY EDUCATION ‘‘(1) may not be counted in determining the ‘‘(2) Providing officers and officer candidates LOANS.—For the purpose of maintaining ade- total number of authorized officers on the lineal with books and school supplies. quate numbers of officers of the commissioned list under this section; and ‘‘(3) Acquiring such equipment as may be nec- officer corps of the Administration on active ‘‘(2) may not count against such number.’’. essary for training and instructional purposes. duty who have skills required by the commis- SEC. 823. OBLIGATED SERVICE REQUIREMENT. ‘‘(b) PHYSICAL FITNESS.—The Secretary shall sioned officer corps, the Secretary may repay, in (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 et ensure that officers maintain a high physical the case of a person described in subsection (b), seq.) is amended by adding at the end the fol- state of readiness by establishing standards of a loan that— lowing: physical fitness for officers that are substan- ‘‘(1) was used by the person to finance edu- ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT. tially equivalent to those prescribed for officers cation; and ‘‘(a) IN GENERAL.— in the Coast Guard.’’. ‘‘(2) was obtained from a governmental entity, (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(1) RULEMAKING.—The Secretary shall pre- private financial institution, educational insti- scribe the obligated service requirements for ap- tions in section 1 of the Act entitled ‘‘An Act to tution, or other authorized entity. pointments, training, promotions, separations, authorize the Hydrographic Services Improve- ‘‘(b) ELIGIBLE PERSONS.—To be eligible to ob- continuations, and retirement of officers not ment Act of 1998, and for other purposes’’ (Pub- tain a loan repayment under this section, a per- otherwise covered by law. lic Law 107–372), as amended by section 823(b), son must— ‘‘(2) WRITTEN AGREEMENTS.—The Secretary is further amended by inserting after the item ‘‘(1) satisfy 1 of the requirements specified in and officers shall enter into written agreements relating to section 216 the following: subsection (c); that describe the officers’ obligated service re- ‘‘Sec. 217. Training and physical fitness.’’. ‘‘(2) be fully qualified for, or hold, an ap- quirements prescribed under paragraph (1) in SEC. 825. RECRUITING MATERIALS. pointment as a commissioned officer in the com- missioned officer corps of the Administration; return for such appointments, training, pro- (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 et motions, separations, and retirements as the seq.), as amended by section 824(a), is further and ‘‘(3) sign a written agreement to serve on ac- Secretary considers appropriate. amended by adding at the end the following: tive duty, or, if on active duty, to remain on ac- ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY RE- ‘‘SEC. 218. USE OF RECRUITING MATERIALS FOR tive duty for a period in addition to any other QUIREMENTS.— PUBLIC RELATIONS. incurred active duty obligation. ‘‘(1) IN GENERAL.—The Secretary may require ‘‘The Secretary may use for public relations ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE- an officer who fails to meet the service require- purposes of the Department of Commerce any MENTS.—One of the following academic require- ments prescribed under subsection (a)(1) to reim- advertising materials developed for use for re- ments must be satisfied for purposes of deter- burse the Secretary in an amount that bears the cruitment and retention of personnel for the mining the eligibility of an individual for a loan same ratio to the total costs of the training pro- commissioned officer corps of the Administra- repayment under this section: tion. Any such use shall be under such condi- vided to that officer by the Secretary as the ‘‘(1) The person is fully qualified in a profes- tions and subject to such restrictions as the Sec- unserved portion of active duty bears to the sion that the Secretary has determined to be retary shall prescribe.’’. total period of active duty the officer agreed to necessary to meet identified skill shortages in serve. (b) CLERICAL AMENDMENT.—The table of sec- tions in section 1 of the Act entitled ‘‘An Act to the commissioned officer corps. ‘‘(2) OBLIGATION AS DEBT TO UNITED STATES.— ‘‘(2) The person is enrolled as a full-time stu- authorize the Hydrographic Services Improve- An obligation to reimburse the Secretary under dent in the final year of a course of study at an ment Act of 1998, and for other purposes’’ (Pub- paragraph (1) shall be considered for all pur- accredited educational institution (as deter- lic Law 107–372), as amended by section 824(b), poses as a debt owed to the United States. mined by the Secretary of Education) leading to is further amended by inserting after the item ‘‘(3) DISCHARGE IN BANKRUPTCY.—A discharge a degree in a profession that will meet identified relating to section 217 the following: in bankruptcy under title 11 that is entered less skill shortages in the commissioned officer corps. than 5 years after the termination of a written ‘‘Sec. 218. Use of recruiting materials for public ‘‘(d) LOAN REPAYMENTS.— agreement entered into under subsection (a)(2) relations.’’. ‘‘(1) IN GENERAL.—Subject to the limits estab- does not discharge the individual signing the SEC. 826. CHARTER VESSEL SAFETY POLICY. lished under paragraph (2), a loan repayment agreement from a debt arising under such agree- (a) POLICY REQUIRED.—Not later than 1 year under this section may consist of the payment of ment. after the date of the enactment of this Act, the the principal, interest, and related expenses of a ‘‘(c) WAIVER OR SUSPENSION OF COMPLI- Secretary of Commerce shall, acting through the loan obtained by a person described in sub- ANCE.—The Secretary may waive the service ob- Under Secretary for Oceans and Atmosphere, section (b). ligation of an officer who— develop and implement a charter vessel safety ‘‘(2) LIMITATION ON AMOUNT.—For each year ‘‘(1) becomes unqualified to serve on active policy applicable to the acquisition by the Na- of obligated service that a person agrees to serve duty in the commissioned officer corps of the tional Oceanic and Atmospheric Administration in an agreement described in subsection (b)(3), Administration because of a circumstance not of charter vessel services. the Secretary may pay not more than the within the control of that officer; or (b) ELEMENTS.—The policy required by sub- amount specified in section 2173(e)(2) of title 10, ‘‘(2) is— section (a) shall address vessel safety, oper- United States Code. ‘‘(A) not physically qualified for appointment; ational safety, and basic personnel safety re- ‘‘(e) ACTIVE DUTY SERVICE OBLIGATION.— and quirements applicable to the vessel size, type, ‘‘(1) IN GENERAL.—A person entering into an ‘‘(B) determined to be unqualified for service and intended use. At a minimum, the policy agreement described in subsection (b)(3) incurs in the commissioned officer corps of the Admin- shall include the following: an active duty service obligation. istration because of a physical or medical condi- (1) Basic vessel safety requirements that ad- ‘‘(2) LENGTH OF OBLIGATION DETERMINED tion that was not the result of the officer’s own dress stability, egress, fire protection and life- UNDER REGULATIONS.— misconduct or grossly negligent conduct.’’. saving equipment, hazardous materials, and ‘‘(A) IN GENERAL.—Except as provided in sub- (b) CLERICAL AMENDMENT.—The table of sec- pollution control. paragraph (B), the length of the obligation tions in section 1 of the Act entitled ‘‘An Act to (2) Personnel safety requirements that address under paragraph (1) shall be determined under authorize the Hydrographic Services Improve- crew qualifications, medical training and serv- regulations prescribed by the Secretary.

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‘‘(B) MINIMUM OBLIGATION.—The regulations with sections 428(o), 455(l), and 464(j) of the Administration except for the completion of a prescribed under subparagraph (A) may not pro- Higher Education Act of 1965 (20 U.S.C. 1078(o), baccalaureate degree; and vide for a period of obligation of less than 1 year 1087e(l), and 1087dd(j)); and ‘‘(C) enters into a written agreement with the for each maximum annual amount, or portion ‘‘(B) to reimburse the Secretary of Education Secretary described in paragraph (2). thereof, paid on behalf of the person for quali- for any reasonable administrative costs incurred ‘‘(2) AGREEMENT.—A written agreement re- fied loans. by the Secretary in coordinating the program ferred to in paragraph (1)(C) is an agreement ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE ENTER- under this section with the administration of between the person and the Secretary in which ING INTO AGREEMENT.—The active duty service the student loan programs under parts B, D, the person agrees— obligation of persons on active duty before en- and E of title IV of the Higher Education Act of ‘‘(A) to accept an appointment as an officer, tering into the agreement shall be served after 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa if tendered; and the conclusion of any other obligation incurred et seq.). ‘‘(B) upon completion of the person’s edu- under the agreement. ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this cational program, agrees to serve on active duty, ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLI- section, the term ‘special allowance’ means a immediately after appointment, for— GATION.— special allowance that is payable under section ‘‘(i) up to 3 years if the person received less ‘‘(1) ALTERNATIVE OBLIGATIONS.—An officer 438 of the Higher Education Act of 1965 (20 than 3 years of assistance; and who is relieved of the officer’s active duty obli- U.S.C. 1087–1).’’. ‘‘(ii) up to 5 years if the person received at least 3 years of assistance. gation under this section before the completion (b) CONFORMING AMENDMENTS.— ‘‘(c) QUALIFYING EXPENSES.—Expenses for of that obligation may be given any alternative (1) Section 428(o) of the Higher Education Act which financial assistance may be provided obligation, at the discretion of the Secretary. of 1965 (20 U.S.C. 1078(o)) is amended— under subsection (a) are the following: ‘‘(2) REPAYMENT.—An officer who does not (A) by striking the subsection heading and in- ‘‘(1) Tuition and fees charged by the edu- complete the period of active duty specified in serting ‘‘ARMED FORCES AND NOAA COMMIS- cational institution involved. the agreement entered into under subsection SIONED OFFICER CORPS STUDENT LOAN INTEREST (b)(3), or the alternative obligation imposed ‘‘(2) The cost of books. PAYMENT PROGRAMS’’; and ‘‘(3) In the case of a program of education under paragraph (1), shall be subject to the re- (B) in paragraph (1)— leading to a baccalaureate degree, laboratory payment provisions under section 216. (i) by inserting ‘‘or section 264 of the National expenses. ‘‘(g) RULEMAKING.—The Secretary shall pre- Oceanic and Atmospheric Administration Com- ‘‘(4) Such other expenses as the Secretary con- scribe regulations to carry out this section, in- missioned Officer Corps Act of 2002’’ after siders appropriate. cluding— ‘‘Code,’’; and ‘‘(d) LIMITATION ON AMOUNT.—The Secretary ‘‘(1) standards for qualified loans and author- (ii) by inserting ‘‘or an officer in the commis- shall prescribe the amount of financial assist- ized payees; and sioned officer corps of the National Oceanic and ance provided to a person under subsection (a), ‘‘(2) other terms and conditions for the mak- Atmospheric Administration, respectively,’’ after which may not exceed the amount specified in ing of loan repayments.’’. ‘‘Armed Forces’’. section 2173(e)(2) of title 10, United States Code, (b) CLERICAL AMENDMENT.—The table of sec- (2) Sections 455(l) and 464(j) of the Higher tions in section 1 of the Act entitled ‘‘An Act to for each year of obligated service that a person Education Act of 1965 (20 U.S.C. 1087e(l) and agrees to serve in an agreement described in authorize the Hydrographic Services Improve- 1087dd(j)) are each amended— ment Act of 1998, and for other purposes’’ (Pub- subsection (b)(2). (A) by striking the subsection heading and in- ‘‘(e) DURATION OF ASSISTANCE.—Financial as- lic Law 107–372) is amended by inserting after serting ‘‘ARMED FORCES AND NOAA COMMIS- sistance may be provided to a person under sub- the item relating to section 266 the following: SIONED OFFICER CORPS STUDENT LOAN INTEREST section (a) for not more than 5 consecutive aca- ‘‘Sec. 267. Education loan repayment pro- PAYMENT PROGRAMS’’; and demic years. gram.’’. (B) in paragraph (1)— ‘‘(f) SUBSISTENCE ALLOWANCE.— SEC. 832. INTEREST PAYMENTS. (i) by inserting ‘‘or section 264 of the National ‘‘(1) IN GENERAL.—A person who receives fi- (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et Oceanic and Atmospheric Administration Com- nancial assistance under subsection (a) shall be seq.), as amended by section 831(a), is further missioned Officer Corps Act of 2002’’ after entitled to a monthly subsistence allowance at a amended by adding at the end the following: ‘‘Code,’’; and rate prescribed under paragraph (2) for the du- ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. (ii) by inserting ‘‘or an officer in the commis- ration of the period for which the person re- ‘‘(a) AUTHORITY.—The Secretary may pay the sioned officer corps of the National Oceanic and ceives such financial assistance. interest and any special allowances that accrue Atmospheric Administration, respectively’’ after ‘‘(2) DETERMINATION OF AMOUNT.—The Sec- on 1 or more student loans of an eligible officer, ‘‘Armed Forces’’. retary shall prescribe monthly rates for subsist- in accordance with this section. (c) CLERICAL AMENDMENT.—The table of sec- ence allowance provided under paragraph (1), ‘‘(b) ELIGIBLE OFFICERS.—An officer is eligible tions in section 1 of the Act entitled ‘‘An Act to which shall be equal to the amount specified in for the benefit described in subsection (a) while authorize the Hydrographic Services Improve- section 2144(a) of title 10, United States Code. the officer— ment Act of 1998, and for other purposes’’ (Pub- ‘‘(g) INITIAL CLOTHING ALLOWANCE.— ‘‘(1) is serving on active duty; lic Law 107–372), as amended by section 831(b), ‘‘(1) TRAINING.—The Secretary may prescribe ‘‘(2) has not completed more than 3 years of is further amended by inserting after the item a sum which shall be credited to each person service on active duty; relating to section 267 the following: who receives financial assistance under sub- ‘‘(3) is the debtor on 1 or more unpaid loans ‘‘Sec. 268. Interest payment program.’’. section (a) to cover the cost of the person’s ini- described in subsection (c); and tial clothing and equipment issue. SEC. 833. STUDENT PRE-COMMISSIONING PRO- ‘‘(2) APPOINTMENT.—Upon completion of the ‘‘(4) is not in default on any such loan. GRAM. ‘‘(c) STUDENT LOANS.—The authority to make program of education for which a person re- (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et payments under subsection (a) may be exercised ceives financial assistance under subsection (a) seq.), as amended by section 832(a), is further with respect to the following loans: and acceptance of appointment in the commis- amended by adding at the end the following: ‘‘(1) A loan made, insured, or guaranteed sioned officer corps of the Administration, the under part B of title IV of the Higher Education ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDU- person may be issued a subsequent clothing al- Act of 1965 (20 U.S.C. 1071 et seq.). CATION ASSISTANCE PROGRAM. lowance equivalent to that normally provided to ‘‘(2) A loan made under part D of such title ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL AS- a newly appointed officer. (20 U.S.C. 1087a et seq.). SISTANCE.—For the purpose of maintaining ade- ‘‘(h) TERMINATION OF FINANCIAL ASSIST- ‘‘(3) A loan made under part E of such title quate numbers of officers of the commissioned ANCE.— (20 U.S.C. 1087aa et seq.). officer corps of the Administration on active ‘‘(1) IN GENERAL.—The Secretary shall termi- ‘‘(d) MAXIMUM BENEFIT.—Interest and any duty, the Secretary may provide financial as- nate the assistance provided to a person under special allowance may be paid on behalf of an sistance to a person described in subsection (b) this section if— officer under this section for any of the 36 con- for expenses of the person while the person is ‘‘(A) the Secretary accepts a request by the secutive months during which the officer is eli- pursuing on a full-time basis at an accredited person to be released from an agreement de- gible under subsection (b). educational institution (as determined by the scribed in subsection (b)(2); ‘‘(e) FUNDS FOR PAYMENTS.—The Secretary Secretary of Education) a program of education ‘‘(B) the misconduct of the person results in a may use amounts appropriated for the pay and approved by the Secretary that leads to— failure to complete the period of active duty re- allowances of personnel of the commissioned of- ‘‘(1) a baccalaureate degree in not more than quired under the agreement; or ficer corps of the Administration for payments 5 academic years; or ‘‘(C) the person fails to fulfill any term or under this section. ‘‘(2) a postbaccalaureate degree. condition of the agreement. ‘‘(f) COORDINATION WITH SECRETARY OF EDU- ‘‘(b) ELIGIBLE PERSONS.— ‘‘(2) REIMBURSEMENT.—The Secretary may re- CATION.— ‘‘(1) IN GENERAL.—A person is eligible to ob- quire a person who receives assistance described ‘‘(1) IN GENERAL.—The Secretary shall consult tain financial assistance under subsection (a) if in subsection (c), (f), or (g) under an agreement with the Secretary of Education regarding the the person— entered into under subsection (b)(1)(C) to reim- administration of this section. ‘‘(A) is enrolled on a full-time basis in a pro- burse the Secretary in an amount that bears the ‘‘(2) TRANSFER OF FUNDS.—The Secretary gram of education referred to in subsection (a) same ratio to the total costs of the assistance shall transfer to the Secretary of Education the at any educational institution described in such provided to that person as the unserved portion funds necessary— subsection; of active duty bears to the total period of active ‘‘(A) to pay interest and special allowances on ‘‘(B) meets all of the requirements for accept- duty the officer agreed to serve under the agree- student loans under this section (in accordance ance into the commissioned officer corps of the ment.

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‘‘(3) WAIVER.—The Secretary may waive the (4) by inserting after paragraph (3) the fol- ‘‘(b) REFERENCES.—The authority vested by service obligation of a person through an agree- lowing: title 37, United States Code, in the ‘military de- ment entered into under subsection (b)(1)(C) if ‘‘(4) Section 771, relating to unauthorized partments’, ‘the Secretary concerned’, or ‘the the person— wearing of uniforms. Secretary of Defense’ with respect to the provi- ‘‘(A) becomes unqualified to serve on active ‘‘(5) Section 774, relating to wearing religious sions of law referred to in subsection (a) shall be duty in the commissioned officer corps of the apparel while in uniform. exercised, with respect to the commissioned offi- Administration because of a circumstance not ‘‘(6) Section 982, relating to service on State cer corps of the Administration, by the Secretary within the control of that person; or and local juries. of Commerce or the Secretary’s designee.’’. ‘‘(B) is— ‘‘(7) Section 1031, relating to administration of (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(i) not physically qualified for appointment; oaths.’’; tions in section 1 of the Act entitled ‘‘An Act to and (5) by inserting after paragraph (10), as redes- authorize the Hydrographic Services Improve- ‘‘(ii) determined to be unqualified for service ignated, the following: ment Act of 1998, and for other purposes’’ (Pub- in the commissioned officer corps of the Admin- ‘‘(11) Chapter 58, relating to the Benefits and lic Law 107–372) is amended by inserting after istration because of a physical or medical condi- Services for members being separated or recently the item relating to section 261 the following: tion that was not the result of the person’s own separated.’’; and ‘‘Sec. 261A. Applicability of certain provisions misconduct or grossly negligent conduct. (6) by inserting after paragraph (17), as redes- of title 37, United States Code.’’. ‘‘(4) OBLIGATION AS DEBT TO UNITED STATES.— ignated, the following: An obligation to reimburse the Secretary im- ‘‘(18) Subchapter I of chapter 88, relating to SEC. 837. LEGION OF MERIT AWARD. posed under paragraph (2) is, for all purposes, Military Family Programs. Section 1121 of title 10, United States Code, is a debt owed to the United States. ‘‘(19) Section 2005, relating to advanced edu- amended by striking ‘‘armed forces’’ and insert- ‘‘(5) DISCHARGE IN BANKRUPTCY.—A discharge cation assistance, active duty agreements, and ing ‘‘uniformed services’’. in bankruptcy under title 11, United States reimbursement requirements.’’. SEC. 838. PROHIBITION ON RETALIATORY PER- Code, that is entered less than 5 years after the (b) EXTENSION OF CERTAIN AUTHORITIES.— SONNEL ACTIONS. (1) NOTARIAL SERVICES.—Section 1044a of title termination of a written agreement entered into (a) IN GENERAL.—Subsection (a) of section 261 under subsection (b)(1)(C) does not discharge 10, United States Code, is amended— (33 U.S.C. 3071), as amended by section 835, is (A) in subsection (a)(1), by striking ‘‘armed the person signing the agreement from a debt further amended— forces’’ and inserting ‘‘uniformed services’’; and arising under such agreement or under para- (1) by redesignating paragraphs (8) through (B) in subsection (b)(4), by striking ‘‘armed graph (2). (23) as paragraphs (9) through (24), respectively; forces’’ both places it appears and inserting ‘‘(i) REGULATIONS.—The Secretary may pro- and ‘‘uniformed services’’. mulgate such regulations and orders as the Sec- (2) by inserting after paragraph (7) the fol- (2) ACCEPTANCE OF VOLUNTARY SERVICES FOR retary considers appropriate to carry out this lowing: PROGRAMS SERVING MEMBERS AND THEIR FAMI- section.’’. ‘‘(8) Section 1034, relating to protected commu- LIES.—Section 1588 of such title is amended— LERICAL AMENDMENT.—The table of sec- (b) C (A) in subsection (a)(3), by striking ‘‘armed nications and prohibition of retaliatory per- tions in section 1 of the Act entitled ‘‘An Act to forces’’ and inserting ‘‘uniformed services’’; and sonnel actions.’’. authorize the Hydrographic Services Improve- (B) by adding at the end the following new (b) CONFORMING AMENDMENT.—Subsection (b) ment Act of 1998, and for other purposes’’ (Pub- subsection: of such section is amended by adding at the end lic Law 107–372), as amended by section 832(c), ‘‘(g) SECRETARY CONCERNED FOR ACCEPTANCE the following: ‘‘For purposes of paragraph (8) of is further amended by inserting after the item OF SERVICES FOR PROGRAMS SERVING MEMBERS subsection (a), the term ‘Inspector General’ in relating to section 268 the following: OF NOAA AND THEIR FAMILIES.—For purposes section 1034 of such title 10 shall mean the In- ‘‘Sec. 269. Student pre-commissioning education of the acceptance of services described in sub- spector General of the Department of Com- assistance program.’’. section (a)(3), the term ‘Secretary concerned’ in merce.’’. SEC. 834. LIMITATION ON EDUCATIONAL ASSIST- subsection (a) shall include the Secretary of (c) REGULATIONS.—Such section is further ANCE. Commerce with respect to members of the Na- amended by adding at the end the following: (a) IN GENERAL.—Each fiscal year, beginning tional Oceanic and Atmospheric Administra- ‘‘(c) REGULATIONS REGARDING PROTECTED with fiscal year 2013, the Secretary of Commerce tion.’’. COMMUNICATIONS AND PROHIBITION OF RETALIA- shall ensure that the total amount expended by (3) CAPSTONE COURSE FOR NEWLY SELECTED TORY PERSONNEL ACTIONS.—The Secretary may the Secretary under section 267 of the National FLAG OFFICERS.—Section 2153 of such title is promulgate regulations to carry out the applica- Oceanic and Atmospheric Administration Com- amended— tion of section 1034 of title 10, United States missioned Officer Corps Act of 2002 (as added by (A) in subsection (a)— Code, to the commissioned officer corps of the section 831(a)), section 268 of such Act (as added (i) by inserting ‘‘or the commissioned corps of Administration, including by promulgating such by section 832(a)), and section 269 of such Act the National Oceanic and Atmospheric Adminis- administrative procedures for investigation and (as added by section 833(a)) does not exceed the tration’’ after ‘‘in the case of the Navy’’; and appeal within the commissioned officer corps as amount by which— (ii) by striking ‘‘other armed forces’’ and in- the Secretary considers appropriate.’’. (1) the total amount the Secretary would pay serting ‘‘other uniformed services’’; and SEC. 839. PENALTIES FOR WEARING UNIFORM in that fiscal year to officer candidates under (B) in subsection (b)(1), by inserting ‘‘or the WITHOUT AUTHORITY. section 203(f)(1) of title 37, United States Code Secretary of Commerce, as applicable,’’ after Section 702 of title 18, United States Code, is (as added by section 246(d)), if such section enti- ‘‘the Secretary of Defense’’. amended by striking ‘‘Service or any’’ and in- tled officers candidates to pay at monthly rates SEC. 836. APPLICABILITY OF CERTAIN PROVI- serting ‘‘Service, the commissioned officer corps equal to the basic pay of a commissioned officer SIONS OF TITLE 37, UNITED STATES of the National Oceanic and Atmospheric Ad- in the pay grade O–1 with less than 2 years of CODE. ministration, or any’’. (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et service; exceeds SEC. 840. APPLICATION OF CERTAIN PROVISIONS (2) the total amount the Secretary actually seq.) is amended by inserting after section 261 OF COMPETITIVE SERVICE LAW. pays in that fiscal year to officer candidates the following: Section 3304(f) of title 5, United States Code, under section 203(f)(1) of such title (as so ‘‘SEC. 261A. APPLICABILITY OF CERTAIN PROVI- is amended— added). SIONS OF TITLE 37, UNITED STATES (1) in paragraph (1), by inserting ‘‘and mem- CODE. (b) OFFICER CANDIDATE DEFINED.—In this sec- bers of the commissioned officer corps of the Na- ‘‘(a) PROVISIONS MADE APPLICABLE TO COM- tion, the term ‘‘officer candidate’’ has the mean- tional Oceanic and Atmospheric Administration MISSIONED OFFICER CORPS.—The provisions of ing given the term in section 212 of the National (or its predecessor organization the Coast and law applicable to the Armed Forces under the Oceanic and Atmospheric Administration Com- Geodetic Survey) separated from such uniformed following provisions of title 37, United States missioned Officer Corps Act of 2002 (33 U.S.C. service’’ after ‘‘separated from the armed Code, shall apply to the commissioned officer 3002), as added by section 856(c). forces’’; corps of the Administration: SEC. 835. APPLICABILITY OF CERTAIN PROVI- (2) in paragraph (2), by striking ‘‘or veteran’’ SIONS OF TITLE 10, UNITED STATES ‘‘(1) Section 324, relating to accession bonuses for new officers in critical skills. and inserting ‘‘, veteran, or member’’; and CODE, AND EXTENSION OF CERTAIN (3) in paragraph (4), by inserting ‘‘and mem- AUTHORITIES APPLICABLE TO MEM- ‘‘(2) Section 403(f)(3), relating to prescribing BERS OF THE ARMED FORCES TO regulations defining the terms ‘field duty’ and bers of the commissioned officer corps of the Na- COMMISSIONED OFFICER CORPS. ‘sea duty’. tional Oceanic and Atmospheric Administration (a) APPLICABILITY OF CERTAIN PROVISIONS OF ‘‘(3) Section 403(l), relating to temporary con- (or its predecessor organization the Coast and TITLE 10.—Section 261(a) (33 U.S.C. 3071(a)) is tinuation of housing allowance for dependents Geodetic Survey) separated from such uniformed amended— of members dying on active duty. service’’ after ‘‘separated from the armed (1) by redesignating paragraphs (13) through ‘‘(4) Section 414(a)(2), relating to personal forces’’. (16) as paragraphs (20) through (23), respec- money allowance while serving as Director of SEC. 841. EMPLOYMENT AND REEMPLOYMENT tively; the National Oceanic and Atmospheric Adminis- RIGHTS. (2) by redesignating paragraphs (7) through tration Commissioned Officer Corps. Section 4303(16) of title 38, United States Code, (12) as paragraphs (12) through (17), respec- ‘‘(5) Section 488, relating to allowances for re- is amended by inserting ‘‘the commissioned offi- tively; cruiting expenses. cer corps of the National Oceanic and Atmos- (3) by redesignating paragraphs (4) through ‘‘(6) Section 495, relating to allowances for fu- pheric Administration,’’ after ‘‘Public Health (6) as paragraphs (8) through (10), respectively; neral honors duty. Service,’’.

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SEC. 842. TREATMENT OF COMMISSION IN COM- ‘‘(A) IN GENERAL.—Except as provided in sub- of importance and responsibility designated MISSIONED OFFICER CORPS FOR paragraph (B), an original appointment of an under section 228 may only be made by the PURPOSES OF CERTAIN HIRING DE- officer may be made in such grades as may be President. CISIONS. appropriate for— ‘‘(c) QUALIFICATIONS.—An appointment under (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 et ‘‘(i) the qualification, experience, and length subsection (a) or (b) may not be given to an in- seq.), as amended by this subtitle, is further of service of the appointee; and dividual until the individual’s mental, moral, amended by adding at the end the following: ‘‘(ii) the commissioned officer corps of the Ad- physical, and professional fitness to perform the ‘‘SEC. 269A. TREATMENT OF COMMISSION IN COM- ministration. duties of an officer has been established under MISSIONED OFFICER CORPS AS EM- ‘‘(B) APPOINTMENT OF OFFICER CANDIDATES.— such regulations as the Secretary shall pre- PLOYMENT IN ADMINISTRATION FOR ‘‘(i) LIMITATION ON GRADE.—An original ap- scribe. PURPOSES OF CERTAIN HIRING DE- CISIONS. pointment of an officer candidate, upon gradua- ‘‘(d) PRECEDENCE OF APPOINTEES.—Ap- tion from the basic officer training program of ‘‘(a) IN GENERAL.—In any case in which the pointees under this section shall take precedence Secretary accepts an application for a position the commissioned officer corps of the Adminis- in the grade to which appointed in accordance of employment with the Administration and lim- tration, may not be made in any other grade with the dates of their commissions as commis- its consideration of applications for such posi- than ensign. sioned officers in such grade. Appointees whose tion to applications submitted by individuals ‘‘(ii) RANK.—Officer candidates receiving ap- dates of commission are the same shall take serving in a career or career-conditional posi- pointments as ensigns upon graduation from precedence with each other as the Secretary tion in the competitive service within the Ad- basic officer training program shall take rank shall determine. ministration, the Secretary shall deem an officer according to their proficiency as shown by the ‘‘(e) INTER-SERVICE TRANSFERS.—For inter- who has served as an officer in the commis- order of their merit at date of graduation. service transfers (as described in the Department ‘‘(2) SOURCE OF APPOINTMENTS.—An original sioned officer corps for at least 3 years to be of Defense Directive 1300.4 (dated December 27, appointment may be made from among the fol- serving in a career or career-conditional posi- 2006)) the Secretary shall— lowing: ‘‘(1) coordinate with the Secretary of Defense tion in the competitive service within the Ad- ‘‘(A) Graduates of the basic officer training and the Secretary of the Department in which ministration for purposes of such limitation. program of the commissioned officer corps of the the Coast Guard is operating to promote and ‘‘(b) CAREER APPOINTMENTS.—If the Secretary Administration. selects an application submitted by an officer streamline inter-service transfers; ‘‘(B) Graduates of the military service acad- ‘‘(2) give preference to such inter-service described in subsection (a) for a position de- emies of the United States who otherwise meet transfers for recruitment purposes as determined scribed in such subsection, the Secretary shall the academic standards for enrollment in the appropriate by the Secretary; and give such officer a career or career-conditional training program described in subparagraph ‘‘(3) reappoint such inter-service transfers to appointment in the competitive service, as ap- (A). the equivalent grade in the commissioned officer propriate. ‘‘(C) Graduates of the maritime academies of corps.’’. ‘‘(c) COMPETITIVE SERVICE DEFINED.—In this the States who— (2) CLERICAL AMENDMENT.—The table of sec- section, the term ‘competitive service’ has the ‘‘(i) otherwise meet the academic standards tions in section 1 of the Act entitled ‘‘An Act to meaning given the term in section 2102 of title 5, for enrollment in the training program described authorize the Hydrographic Services Improve- United States Code.’’. in subparagraph (A); ment Act of 1998, and for other purposes’’ (Pub- (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(ii) completed at least 3 years of regimented lic Law 107–372) is amended by striking the item tions in section 1 of the Act entitled ‘‘An Act to training while at a maritime academy of a State; relating to section 221 and inserting the fol- authorize the Hydrographic Services Improve- and lowing: ment Act of 1998, and for other purposes’’ (Pub- ‘‘(iii) obtained an unlimited tonnage or unlim- lic Law 107–372) is amended by inserting after ‘‘Sec. 221. Original appointments and re- ited horsepower Merchant Mariner Credential the item relating to section 269, as added by this appointments.’’. from the United States Coast Guard. subtitle, the following new item: SEC. 852. PERSONNEL BOARDS. ‘‘(D) Licensed officers of the United States Section 222 (33 U.S.C. 3022) is amended to read ‘‘Sec. 269A. Treatment of commission in com- merchant marine who have served 2 or more as follows: missioned officer corps as employ- years aboard a vessel of the United States in the ment in Administration for pur- capacity of a licensed officer, who otherwise ‘‘SEC. 222. PERSONNEL BOARDS. poses of certain hiring deci- meet the academic standards for enrollment in ‘‘(a) CONVENING.—Not less frequently than sions.’’. the training program described in subparagraph once each year and at such other times as the SEC. 843. DIRECT HIRE AUTHORITY. (A). Secretary determines necessary, the Secretary (a) IN GENERAL.—The head of a Federal agen- ‘‘(3) DEFINITIONS.—In this subsection: shall convene a personnel board. cy may appoint, without regard to the provi- ‘‘(A) MARITIME ACADEMIES OF THE STATES.— ‘‘(b) MEMBERSHIP.— sions of subchapter I of chapter 33 of title 5, The term ‘maritime academies of the States’ ‘‘(1) IN GENERAL.—A board convened under United States Code, other than sections 3303 means the following: subsection (a) shall consist of 5 or more officers and 3328 of such title, a qualified candidate de- ‘‘(i) California Maritime Academy, Vallejo, who are serving in or above the permanent scribed subsection (b) directly to a position in California. grade of the officers under consideration by the the agency for which the candidate meets quali- ‘‘(ii) Great Lakes Maritime Academy, Traverse board. fication standards of the Office of Personnel City, Michigan. ‘‘(2) RETIRED OFFICERS.—Officers on the re- Management. ‘‘(iii) Maine Maritime Academy, Castine, tired list may be recalled to serve on such per- sonnel boards as the Secretary considers nec- (b) CANDIDATES DESCRIBED.—A candidate de- Maine. scribed in this subsection is a current or former ‘‘(iv) Massachusetts Maritime Academy, Buz- essary. O MEMBERSHIP ON 2 SUCCESSIVE member of the commissioned officer corps of the zards Bay, Massachusetts. ‘‘(3) N BOARDS.—No officer may be a member of 2 suc- National Oceanic and Atmospheric Administra- ‘‘(v) State University of New York Maritime cessive personnel boards convened to consider tion who— College, Fort Schuyler, New York. (1) fulfilled his or her obligated service re- ‘‘(vi) Texas A&M Maritime Academy, Gal- officers of the same grade for promotion or sepa- quirement under section 216 of the National veston, Texas. ration. ‘‘(c) DUTIES.—Each personnel board shall— Oceanic and Atmospheric Administration Com- ‘‘(B) MILITARY SERVICE ACADEMIES OF THE ‘‘(1) recommend to the Secretary such changes missioned Officer Corps Act of 2002, as added by UNITED STATES.—The term ‘military service as may be necessary to correct any erroneous section 823; academies of the United States’ means the fol- position on the lineal list that was caused by (2) if no longer a member of the commissioned lowing: administrative error; and officer corps of the Administration, was dis- ‘‘(i) The United States Military Academy, ‘‘(2) make selections and recommendations to charged or released therefrom; and West Point, New York. the Secretary and the President for the appoint- (3) has been separated or released from service ‘‘(ii) The United States Naval Academy, An- ment, promotion, involuntary separation, con- in the commissioned officer corps of the Admin- napolis, Maryland. tinuation, and involuntary retirement of officers istration for a period of not more than 5 years. ‘‘(iii) The United States Air Force Academy, in the commissioned officer corps of the Admin- (c) EFFECTIVE DATE.—This section shall apply Colorado Springs, Colorado. istration as prescribed in this title. with respect to appointments made in fiscal year ‘‘(iv) The United States Coast Guard Acad- ‘‘(d) ACTION ON RECOMMENDATIONS NOT AC- 2016 and in each fiscal year thereafter. emy, New London, Connecticut. ‘‘(v) The United States Merchant Marine CEPTABLE.—If any recommendation by a board PART III—APPOINTMENTS AND Academy, Kings Point, New York. convened under subsection (a) is not accepted PROMOTION OF OFFICERS ‘‘(b) REAPPOINTMENT.— by the Secretary or the President, the board SEC. 851. APPOINTMENTS. ‘‘(1) IN GENERAL.—Except as provided in para- shall make such further recommendations as the (a) ORIGINAL APPOINTMENTS.— graph (2), an individual who previously served Secretary or the President considers appro- (1) IN GENERAL.—Section 221 (33 U.S.C. 3021) in the commissioned officer corps of the Admin- priate.’’. is amended to read as follows: istration may be appointed by the Secretary to SEC. 853. DELEGATION OF AUTHORITY. ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND RE- the grade the individual held prior to separa- Section 226 (33 U.S.C. 3026) is amended— APPOINTMENTS. tion. (1) by striking ‘‘Appointments’’ and inserting ‘‘(a) ORIGINAL APPOINTMENTS.— ‘‘(2) REAPPOINTMENTS TO HIGHER GRADES.—An the following: ‘‘(1) GRADES.— appointment under paragraph (1) to a position ‘‘(a) IN GENERAL.—Appointments’’; and

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00085 Fmt 4637 Sfmt 6333 E:\CR\FM\A29JN6.058 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4768 CONGRESSIONAL RECORD — SENATE June 29, 2016 (2) by adding at the end the following: anic and Atmospheric Administration Commis- lic Law 107–372), as amended by section 856(b), ‘‘(b) DELEGATION OF APPOINTMENT AUTHOR- sioned Officer Corps. is further amended by inserting after the item ITY.—If the President delegates authority to the ‘‘(d) AGREEMENT.— relating to section 234 the following: Secretary to make appointments under this sec- ‘‘(1) IN GENERAL.—Each officer candidate ‘‘235. Procurement of personnel.’’. tion, the President shall, during a period in shall sign an agreement with the Secretary in PART IV—SEPARATION AND RETIREMENT which the position of the Secretary is vacant, accordance with section 216(a)(2) regarding the OF OFFICERS delegate such authority to the Deputy Secretary officer candidate’s term of service in the commis- of Commerce or the Under Secretary for Oceans sioned officer corps of the Administration. SEC. 861. INVOLUNTARY RETIREMENT OR SEPA- and Atmosphere during such period.’’. ‘‘(2) ELEMENTS.—An agreement signed by an RATION. Section 241 (33 U.S.C. 3041) is amended by SEC. 854. ASSISTANT ADMINISTRATOR OF THE officer candidate under paragraph (1) shall pro- OFFICE OF MARINE AND AVIATION vide that the officer candidate agrees to the fol- adding at the end the following: OPERATIONS. lowing: ‘‘(d) DEFERMENT OF RETIREMENT OR SEPARA- Section 228(c) (33 U.S.C. 3028(c)) is amended— ‘‘(A) That the officer candidate will complete TION FOR MEDICAL REASONS.— (1) in the fourth sentence, by striking ‘‘Direc- the course of instruction at the basic officer ‘‘(1) IN GENERAL.—If the Secretary determines tor’’ and inserting ‘‘Assistant Administrator’’; training program of the Administration. that the evaluation of the medical condition of and ‘‘(B) That upon graduation from the such an officer requires hospitalization or medical ob- (2) in the heading, by inserting ‘‘ASSISTANT program, the officer candidate— servation that cannot be completed with con- ADMINISTRATOR OF THE’’ before ‘‘OFFICE’’. ‘‘(i) will accept an appointment, if tendered, fidence in a manner consistent with the officer’s well being before the date on which the officer SEC. 855. TEMPORARY APPOINTMENTS. as an officer; and ‘‘(ii) will serve on active duty for at least 4 would otherwise be required to retire or be sepa- (a) IN GENERAL.—Section 229 (33 U.S.C. 3029) years immediately after such appointment. rated under this section, the Secretary may is amended to read as follows: ‘‘(e) REGULATIONS.—The Secretary shall pre- defer the retirement or separation of the officer. ‘‘SEC. 229. TEMPORARY APPOINTMENTS. scribe regulations to carry out this section. Such ‘‘(2) CONSENT REQUIRED.—A deferment may ‘‘(a) APPOINTMENTS BY PRESIDENT.—Tem- regulations shall include— only be made with the written consent of the of- porary appointments in the grade of ensign, ‘‘(1) standards for determining what con- ficer involved. If the officer does not provide lieutenant junior grade, or lieutenant may be stitutes a breach of an agreement signed under written consent to the deferment, the officer made by the President. such subsection (d)(1); and shall be retired or separated as scheduled. ‘‘(b) TERMINATION.—A temporary appointment ‘‘(2) procedures for determining whether such ‘‘(3) LIMITATION.—A deferral of retirement or to a position under subsection (a) shall termi- a breach has occurred. separation under this subsection may not extend nate upon approval of a permanent appoint- ‘‘(f) REPAYMENT.—An officer candidate or for more than 30 days after completion of the ment for such position made by the President. former officer candidate who does not fulfill the evaluation requiring hospitalization or medical ‘‘(c) ORDER OF PRECEDENCE.—Appointees terms of the obligation to serve as specified observation.’’. under subsection (a) shall take precedence in under section (d) shall be subject to the repay- SEC. 862. SEPARATION PAY. the grade to which appointed in accordance ment provisions of section 216(b).’’. Section 242 (33 U.S.C. 3042) is amended by with the dates of their appointments as officers (b) CLERICAL AMENDMENT.—The table of sec- adding at the end the following: in such grade. The order of precedence of ap- tions in section 1 of the Act entitled ‘‘An Act to ‘‘(d) EXCEPTION.—An officer discharged for pointees who are appointed on the same date authorize the Hydrographic Services Improve- twice failing selection for promotion to the next shall be determined by the Secretary. ment Act of 1998, and for other purposes’’ (Pub- higher grade is not entitled to separation pay ‘‘(d) ANY ONE GRADE.—When determined by lic Law 107–372) is amended by inserting after under this section if the officer— the Secretary to be in the best interest of the the item relating to section 233 the following: ‘‘(1) expresses a desire not to be selected for commissioned officer corps, officers in any per- ‘‘Sec. 234. Officer candidates.’’. promotion; or manent grade may be temporarily promoted one (c) OFFICER CANDIDATE DEFINED.—Section ‘‘(2) requests removal from the list of select- grade by the President. Any such temporary 212(b) (33 U.S.C. 3002(b)) is amended— ees.’’. promotion terminates upon the transfer of the (1) by redesignating paragraphs (4) through officer to a new assignment. Subtitle C—Hydrographic Services (6) as paragraphs (5) through (7), respectively; ‘‘(e) DELEGATION OF APPOINTMENT AUTHOR- SEC. 871. REAUTHORIZATION OF HYDROGRAPHIC and ITY.—If the President delegates authority to the SERVICES IMPROVEMENT ACT OF (2) by inserting after paragraph (3) the fol- Secretary to make appointments under this sec- 1998. lowing: tion, the President shall, during a period in (a) REAUTHORIZATIONS.—Section 306 of the ‘‘(4) OFFICER CANDIDATE.—The term ‘officer which the position of the Secretary is vacant, Hydrographic Services Improvement Act of 1998 candidate’ means an individual who is enrolled delegate such authority to the Deputy Secretary (33 U.S.C. 892d) is amended— in the basic officer training program of the Ad- of Commerce or the Under Secretary for Oceans (1) in the matter before paragraph (1), by ministration and is under consideration for ap- and Atmosphere during such period.’’. striking ‘‘There are’’ and inserting the fol- pointment as an officer under section (b) CLERICAL AMENDMENT.—The table of sec- lowing: 221(a)(2)(A).’’. tions in section 1 of the Act entitled ‘‘An Act to ‘‘(a) IN GENERAL.—There are’’; (d) PAY FOR OFFICER CANDIDATES.—Section authorize the Hydrographic Services Improve- (2) in subsection (a) (as designated by para- 203 of title 37, United States Code, is amended graph (1))— ment Act of 1998, and for other purposes’’ (Pub- by adding at the end the following: lic Law 107–372) is amended by striking the item (A) in paragraph (1), by striking ‘‘surveys—’’ ‘‘(f)(1) An officer candidate enrolled in the and all that follows through the end of the relating to section 229 and inserting the fol- basic officer training program of the commis- lowing: paragraph and inserting ‘‘surveys, $70,814,000 sioned officer corps of the National Oceanic and for each of fiscal years 2016 through 2020.’’; ‘‘Sec. 229. Temporary appointments.’’. Atmospheric Administration is entitled, while (B) in paragraph (2), by striking ‘‘vessels—’’ SEC. 856. OFFICER CANDIDATES. participating in such program, to monthly offi- and all that follows through the end of the (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 et cer candidate pay at monthly rate equal to the paragraph and inserting ‘‘vessels, $25,000,000 for seq.) is amended by adding at the end the fol- basic pay of an enlisted member in the pay each of fiscal years 2016 through 2020.’’; lowing: grade E–5 with less than 2 years service. (C) in paragraph (3), by striking ‘‘Administra- ‘‘SEC. 234. OFFICER CANDIDATES. ‘‘(2) An individual who graduates from such tion—’’ and all that follows through the end of ‘‘(a) DETERMINATION OF NUMBER.—The Sec- program shall receive credit for the time spent the paragraph and inserting ‘‘Administration, retary shall determine the number of appoint- participating in such program as if such time $29,932,000 for each of fiscal years 2016 through ments of officer candidates. were time served while on active duty as a com- 2020.’’; ‘‘(b) APPOINTMENT.—Appointment of officer missioned officer. If the individual does not (D) in paragraph (4), by striking ‘‘title—’’ and candidates shall be made under regulations graduate from such program, such time shall all that follows through the end of the para- which the Secretary shall prescribe, including not be considered creditable for active duty or graph and inserting ‘‘title, $26,800,000 for each regulations with respect to determining age lim- pay.’’. of fiscal years 2016 through 2020.’’; and its, methods of selection of officer candidates, SEC. 857. PROCUREMENT OF PERSONNEL. (E) in paragraph (5), by striking ‘‘title—’’ and term of service as an officer candidate before (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 et all that follows through the end of the para- graduation from the program, and all other mat- seq.), as amended by section 856(a), is further graph and inserting ‘‘title, $30,564,000 for each ters affecting such appointment. amended by adding at the end the following: of fiscal years 2016 through 2020.’’; and ‘‘(c) DISMISSAL.—The Secretary may dismiss ‘‘SEC. 235. PROCUREMENT OF PERSONNEL. (3) by adding at the end the following: from the basic officer training program of the ‘‘The Secretary may make such expenditures ‘‘(b) ARCTIC PROGRAMS.—Of the amount au- Administration any officer candidate who, dur- as the Secretary considers necessary in order to thorized by this section for each fiscal year— ing the officer candidate’s term as an officer obtain recruits for the commissioned officer ‘‘(1) $10,000,000 is authorized for use— candidate, the Secretary considers unsatisfac- corps of the Administration, including adver- ‘‘(A) to acquire hydrographic data; tory in either academics or conduct, or not tising.’’. ‘‘(B) to provide hydrographic services; adapted for a career in the commissioned officer (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(C) to conduct coastal change analyses nec- corps of the Administration. Officer candidates tions in section 1 of the Act entitled ‘‘An Act to essary to ensure safe navigation; shall be subject to rules governing discipline authorize the Hydrographic Services Improve- ‘‘(D) to improve the management of coastal prescribed by the Director of the National Oce- ment Act of 1998, and for other purposes’’ (Pub- change in the Arctic; and

VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00086 Fmt 4637 Sfmt 6333 E:\CR\FM\A29JN6.058 S29JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 29, 2016 CONGRESSIONAL RECORD — SENATE S4769 ‘‘(E) to reduce risks of harm to Alaska Native THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Senate, I ask unanimous consent that IN THE UNITED STATES NAVY TO THE GRADE INDICATED subsistence and coastal communities associated it stand adjourned under the previous UNDER TITLE 10, U.S.C., SECTION 624: with increased international maritime traffic; order. To be rear admiral (lower half) and There being no objection, the Senate, CAPT. STEPHANIE T. KECK ‘‘(2) $2,000,000 is authorized for use to acquire at 9:03 p.m., adjourned until Friday, hydrographic data and provide hydrographic THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT July 1, 2016, at 9:30 a.m. IN THE UNITED STATES NAVY TO THE GRADE INDICATED services in the Arctic necessary to delineate the UNDER TITLE 10, U.S.C., SECTION 624: United States extended Continental Shelf.’’. f To be rear admiral (lower half) (b) LIMITATION ON ADMINISTRATIVE EXPENSES NOMINATIONS CAPT. DAVID A. GOGGINS FOR SURVEYS.—Section 306 of such Act (33 CAPT. DOUGLAS W. SMALL U.S.C. 892d) is further amended by adding at Executive nominations received by THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the end the following: the Senate: IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: ‘‘(c) LIMITATION ON ADMINISTRATIVE EX- NATIONAL FOUNDATION ON THE ARTS AND THE PENSES FOR SURVEYS.—Of amounts authorized HUMANITIES To be rear admiral (lower half) by this section for each fiscal year for contract DEBRA SATZ, OF CALIFORNIA, TO BE A MEMBER OF CAPT. RICHARD D. HEINZ CAPT. JOHN T. PALMER hydrographic surveys, not more than 5 percent THE NATIONAL COUNCIL ON THE HUMANITIES FOR A is authorized for administrative costs associated TERM EXPIRING JANUARY 26, 2022, VICE CONSTANCE M. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CARROLL, TERM EXPIRED. IN THE UNITED STATES NAVY TO THE GRADE INDICATED with contract management.’’. UNDER TITLE 10, U.S.C., SECTION 624: DEPARTMENT OF STATE Mr. SASSE. Mr. President, I ask To be rear admiral (lower half) unanimous consent that the com- W. STUART SYMINGTON, OF MISSOURI, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- CAPT. CARL P. CHEBI mittee-reported amendment be with- ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- CAPT. BLAKE L. CONVERSE drawn, the Fischer substitute amend- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CAPT. CHARLES B. COOPER II OF AMERICA TO THE FEDERAL REPUBLIC OF NIGERIA. CAPT. PAUL T. DRUGGAN ment be agreed to, the bill, as amend- CAPT. DONALD D. GABRIELSON ed, be read a third time and passed, and THE JUDICIARY CAPT. ALVIN HOLSEY CAPT. JEFFREY T. JABLON JASON D. TULLEY, OF THE DISTRICT OF COLUMBIA, TO the motion to reconsider be considered CAPT. GARY A. MAYES BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF CAPT. JOHN F. MEIER made and laid upon the table. THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN CAPT. JAMES E. PITTS YEARS, VICE JUDITH NAN MACALUSO, RETIRED. The PRESIDING OFFICER. Without CAPT. CHARLES W. ROCK objection, it is so ordered. IN THE AIR FORCE CAPT. JOHN B. SKILLMAN CAPT. MURRAY J. TYNCH III The amendment (No. 4940) in the na- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. JOHN F. WADE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CAPT. MICHAEL A. WETTLAUFER ture of a substitute was agreed to. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE (The amendment is printed in today’s AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION f 601: RECORD under ‘‘Text of Amendments.’’) CONFIRMATIONS The bill (S. 2829), as amended, was or- To be lieutenant general Executive nominations confirmed by dered to be engrossed for a third read- MAJ. GEN. STEVEN M. SHEPRO the Senate June 29, 2016: ing, was read the third time, and IN THE ARMY FEDERAL MARITIME COMMISSION passed. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADE INDI- DANIEL B. MAFFEI, OF NEW YORK, TO BE A FEDERAL f CATED UNDER TITLE 10, U.S.C., SECTION 12203: MARITIME COMMISSIONER FOR A TERM EXPIRING JUNE 30, 2017. ORDERS FOR FRIDAY, JULY 1, 2016, To be major general IN THE COAST GUARD THROUGH WEDNESDAY, JULY 6, BRIG. GEN. TAMMY S. SMITH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2016 IN THE RESERVE OF THE ARMY TO THE GRADE INDI- TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN Mr. SASSE. Mr. President, I ask CATED UNDER TITLE 10, U.S.C., SECTION 12203: THE UNITED STATES COAST GUARD TO THE GRADE INDI- To be major general CATED UNDER TITLE 14, U.S.C., SECTION 50: unanimous consent that when the Sen- To be vice admiral ate completes its business today, it ad- BRIG. GEN. BRIAN E. ALVIN VICE ADM. FRED M. MIDGETTE journ, to then convene for pro forma THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADE INDI- FEDERAL MARITIME COMMISSION sessions only, with no business being CATED UNDER TITLE 10, U.S.C., SECTION 12203: REBECCA F. DYE, OF NORTH CAROLINA, TO BE A FED- conducted, on the following dates and To be brigadier general ERAL MARITIME COMMISSIONER FOR THE TERM EXPIR- ING JUNE 30, 2020. times, and that following each pro COL. RICHARD J. HEITKAMP forma session, the Senate adjourn until THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF STATE the next pro forma session: Friday, IN THE RESERVE OF THE ARMY TO THE GRADE INDI- MARY BETH LEONARD, OF MASSACHUSETTS, TO BE CATED UNDER TITLE 10, U.S.C., SECTION 12203: July 1, at 9:30 a.m.; Tuesday, July 5, at REPRESENTATIVE OF THE UNITED STATES OF AMERICA To be brigadier general TO THE AFRICAN UNION, WITH THE RANK AND STATUS 9 a.m.; I further ask that when the Sen- OF AMBASSADOR EXTRAORDINARY AND PLENI- ate adjourns on Tuesday, July 5, it COL. MILES A. DAVIS POTENTIARY. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GEETA PASI, OF NEW YORK, A CAREER MEMBER OF next convene at 10 a.m., Wednesday, IN THE RESERVE OF THE ARMY TO THE GRADE INDI- THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– CATED UNDER TITLE 10, U.S.C., SECTION 12203: COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND July 6; that following the prayer and PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA pledge, the morning hour be deemed To be brigadier general TO THE REPUBLIC OF CHAD. COL. FLETCHER V. WASHINGTON ANNE S. CASPER, OF NEVADA, A CAREER MEMBER OF expired, the Journal of proceedings be THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– approved to date, and the time for the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND IN THE RESERVE OF THE ARMY TO THE GRADE INDI- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA two leaders be reserved for their use CATED UNDER TITLE 10, U.S.C., SECTION 12203: TO THE REPUBLIC OF BURUNDI. later in the day; I ask that following To be brigadier general IN THE ARMY leader remarks, the Senate resume COL. NIKKI L. GRIFFIN OLIVE THE FOLLOWING ARMY NATIONAL GUARD OF THE consideration of the motion to proceed IN THE NAVY UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- to S. 3100; further, that the Senate re- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TITLE 10, U.S.C., SECTIONS 12203 AND 12211: cess from 12:30 p.m. until 2:15 p.m. to IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be major general allow for the weekly conference meet- UNDER TITLE 10, U.S.C., SECTION 624: ings; further, that at 2:15 p.m., the Sen- To be rear admiral (lower half) BRIG. GEN. MATTHEW T. QUINN IN THE NAVY ate proceed to executive session as CAPT. DARIUS BANAJI under the previous order; finally, that THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE TO THE GRADE following the disposition of the UNDER TITLE 10, U.S.C., SECTION 624: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Martinotti nomination, the pending To be rear admiral (lower half) To be rear admiral (lower half) cloture motions filed during today’s CAPT. TINA A. DAVIDSON CAPT. PHILLIP E. LEE, JR. session ripen. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE TO THE GRADE UNDER TITLE 10, U.S.C., SECTION 624: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: objection, it is so ordered. To be rear admiral (lower half) To be rear admiral (lower half) f CAPT. GAYLE D. SHAFFER CAPT. ALAN J. REYES ADJOURNMENT UNTIL FRIDAY, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE TO THE GRADE JULY 1, 2016, AT 9:30 A.M. UNDER TITLE 10, U.S.C., SECTION 624: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Mr. SASSE. Mr. President, if there is To be rear admiral (lower half) To be rear admiral (lower half) no further business to come before the CAPT. FRANK D. WHITWORTH CAPT. MARY C. RIGGS

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THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES NAVY RESERVE TO THE GRADE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS CHIEF OF STAFF, UNITED STATES AIR FORCE, AND To be lieutenant general To be rear admiral (lower half) APPOINTMENT IN THE UNITED STATES AIR FORCE TO MAJ. GEN. GWENDOLYN BINGHAM CAPT. CAROL M. LYNCH THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT U.S.C., SECTIONS 601 AND 8033: IN THE UNITED STATES NAVY RESERVE TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: To be general IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be rear admiral (lower half) GEN. DAVID L. GOLDFEIN RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAPT. MARK E. BIPES IN THE MARINE CORPS To be vice admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. MICHAEL M. GILDAY IN THE UNITED STATES NAVY RESERVE TO THE GRADE IN THE UNITED STATES MARINE CORPS TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be rear admiral (lower half) SECTION 601: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAPT. BRIAN R. GULDBEK To be general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be vice admiral IN THE UNITED STATES NAVY RESERVE TO THE GRADE LT. GEN. THOMAS D. WALDHAUSER REAR ADM. COLIN J. KILRAIN INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE ARMY IN THE MARINE CORPS To be rear admiral (lower half) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. LOUIS C. TRIPOLI AS CHIEF OF ARMY RESERVE/COMMANDING GENERAL, UNITED STATES ARMY RESERVE COMMAND, AND AP- AS ASSISTANT COMMANDANT OF THE MARINE CORPS IN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT POINTMENT IN THE RESERVE OF THE ARMY TO THE THE UNITED STATES MARINE CORPS, AND APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF TO THE GRADE INDICATED WHILE ASSIGNED TO A POSI- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, TION OF IMPORTANCE AND RESPONSIBILITY UNDER To be rear admiral (lower half) U.S.C., SECTIONS 601 AND 3038: TITLE 10, U.S.C., SECTIONS 601 AND 5044: CAPT. ROBERT T. DURAND To be lieutenant general To be general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MAJ. GEN. CHARLES D. LUCKEY LT. GEN. GLENN M. WALTERS IN THE UNITED STATES NAVY RESERVE TO THE GRADE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS TO THE GRADE To be rear admiral (lower half) UNDER TITLE 10, U.S.C., SECTION 624: INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., CAPT. SHAWN E. DUANE To be major general SECTION 601: CAPT. SCOTT D. JONES BRIG. GEN. ROBERT P. WALTERS, JR. To be lieutenant general CAPT. WILLIAM G. MAGER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. JOHN B. MUSTIN IN THE UNITED STATES ARMY TO THE GRADE INDICATED MAJ. GEN. GARY L. THOMAS CAPT. MATTHEW P. O’KEEFE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. JOHN A. SCHOMMER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES MARINE CORPS TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- IN THE UNITED STATES NAVY RESERVE TO THE GRADE To be lieutenant general TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: LT. GEN. EDWARD C. CARDON SECTION 601: To be rear admiral THE FOLLOWING ARMY NATIONAL GUARD OF THE To be lieutenant general UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- REAR ADM. (LH) THOMAS W. LUSCHER SERVE OF THE ARMY TO THE GRADE INDICATED UNDER MAJ. GEN. LEWIS A. CRAPAROTTA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TITLE 10, U.S.C., SECTIONS 12203 AND 12211: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE IN THE UNITED STATES MARINE CORPS TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: To be major general INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- To be rear admiral BRIG. GEN. TIMOTHY P. WILLIAMS TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING ARMY NATIONAL GUARD OF THE REAR ADM. (LH) BRIAN S. PECHA UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SERVE OF THE ARMY TO THE GRADE INDICATED UNDER IN THE UNITED STATES NAVY RESERVE TO THE GRADE TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MAJ. GEN. JOSEPH L. OSTERMAN INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: To be brigadier general IN THE AIR FORCE To be rear admiral COL. JOSEPH J. STREFF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) DEBORAH P. HAVEN IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING ARMY NATIONAL GUARD OF THE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES OFFICERS FOR APPOINTMENT IN THE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION IN THE UNITED STATES NAVY RESERVE TO THE GRADE RESERVE OF THE ARMY TO THE GRADE INDICATED 601: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be rear admiral To be brigadier general To be general LT. GEN. TERRENCE J. O’SHAUGHNESSY REAR ADM. (LH) MARK J. FUNG COL. ANTHONY P. DIGIACOMO II THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. DANIEL J. HILL IN THE COAST GUARD IN THE UNITED STATES NAVY RESERVE TO THE GRADE COL. KENNETH A. NAVA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE MARINE CORPS TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN THE UNITED STATES COAST GUARD AND TO THE GRADE To be rear admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED UNDER TITLE 14, U.S.C., SECTION 50: REAR ADM. (LH) RUSSELL E. ALLEN IN THE UNITED STATES MARINE CORPS TO THE GRADE REAR ADM. (LH) WILLIAM M. CRANE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- To be vice admiral REAR ADM. (LH) MICHAEL J. DUMONT TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: REAR ADM. MARSHALL B. LYTLE III IN THE AIR FORCE To be lieutenant general IN THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. DAVID H. BERGER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS CHIEF OF THE NATIONAL GUARD BUREAU AND FOR AS THE VICE CHIEF OF STAFF OF THE AIR FORCE AND APPOINTMENT TO THE GRADE INDICATED IN THE RE- IN THE AIR FORCE APPOINTMENT IN THE UNITED STATES AIR FORCE TO SERVE OF THE AIR FORCE UNDER TITLE 10, U.S.C., SEC- THE GRADE INDICATED WHILE ASSIGNED TO A POSITION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS 601 AND 10502: OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- U.S.C., SECTIONS 8034 AND 601: To be general CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION LT. GEN. JOSEPH L. LENGYEL To be general 601: LT. GEN. STEPHEN W. WILSON IN THE NAVY To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJ. GEN. JEFFREY L. HARRIGIAN IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES NAVY RESERVE TO THE GRADE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- 601: To be rear admiral (lower half) CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION CAPT. RONALD R. FRITZEMEIER To be lieutenant general 601: MAJ. GEN. VERALINN JAMIESON IN THE MARINE CORPS To be general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LT. GEN. TOD D. WOLTERS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES MARINE CORPS TO THE GRADE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be major general CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE 601: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be lieutenant general BRIG. GEN. CHARLES G. CHIAROTTI 601: BRIG. GEN. DAVID W. COFFMAN MAJ. GEN. THOMAS W. BERGESON BRIG. GEN. PAUL J. KENNEDY To be lieutenant general BRIG. GEN. JOAQUIN F. MALAVET THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. LORETTA E. REYNOLDS MAJ. GEN. STAYCE D. HARRIS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 624: BRIG. GEN. RUSSELL A. SANBORN IN THE ARMY BRIG. GEN. GEORGE W. SMITH, JR. To be major general BRIG. GEN. MARK R. WISE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. DANIEL D. YOO IN THE UNITED STATES ARMY TO THE GRADE INDICATED BRIG. GEN. THOMAS W. GEARY

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THE FOLLOWING NAMED OFFICER FOR APPOINTMENT III, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ATE AND APPEARED IN THE CONGRESSIONAL RECORD 2016. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ON APRIL 14, 2016. NAVY NOMINATIONS BEGINNING WITH BROOK DEWALT AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER J. AND ENDING WITH PHILIP R. ROSI II, WHICH NOMINA- 601: R. DEMCHAK AND ENDING WITH STEVEN R. THOMPSON, TIONS WERE RECEIVED BY THE SENATE AND APPEARED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE CONGRESSIONAL RECORD ON MAY 11, 2016. To be lieutenant general AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATIONS BEGINNING WITH AARON C. HOFF LT. GEN. JOHN L. DOLAN APRIL 14, 2016. AND ENDING WITH JOHN M. TULLY, WHICH NOMINATIONS NAVY NOMINATIONS BEGINNING WITH JANETTE B. WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSE AND ENDING WITH MICHAEL J. SCHWERIN, WHICH CONGRESSIONAL RECORD ON MAY 11, 2016. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF DANIEL L. CHRISTENSEN, TO BE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE PEARED IN THE CONGRESSIONAL RECORD ON APRIL 14, LIEUTENANT COMMANDER. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 2016. NAVY NOMINATION OF HOWARD D. WATT, TO BE COM- 601: NAVY NOMINATIONS BEGINNING WITH ERIC R. JOHN- MANDER. To be lieutenant general SON AND ENDING WITH ANDREW R. WOOD, WHICH NOMI- NAVY NOMINATION OF DANIEL MORALES, TO BE COM- NATIONS WERE RECEIVED BY THE SENATE AND AP- MANDER. MAJ. GEN. RICHARD M. CLARK PEARED IN THE CONGRESSIONAL RECORD ON APRIL 14, NAVY NOMINATION OF STEFAN M. GROETSCH, TO BE FEDERAL MARITIME COMMISSION 2016. CAPTAIN. NAVY NOMINATIONS BEGINNING WITH JAREMA M. NAVY NOMINATION OF JEFFREY M. BIERLEY, TO BE MICHAEL A. KHOURI, OF KENTUCKY, TO BE A FEDERAL DIDOSZAK AND ENDING WITH RICHARD M. SZCEPANSKI, CAPTAIN. MARITIME COMMISSIONER FOR A TERM EXPIRING JUNE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF MICHAEL G. ZAKAROFF, TO BE 30, 2021. AND APPEARED IN THE CONGRESSIONAL RECORD ON LIEUTENANT COMMANDER. APRIL 14, 2016. NAVY NOMINATIONS BEGINNING WITH RON J. IN THE AIR FORCE NAVY NOMINATION OF CONRADO G. DUNGCA, JR., TO BE ARELLANO AND ENDING WITH WILLIAM M. WILSON, AIR FORCE NOMINATION OF JOSEPH H. IMWALLE, TO CAPTAIN. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BE COLONEL. NAVY NOMINATION OF ALEXANDER L. PEABODY, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON AIR FORCE NOMINATION OF LISA A. SELTMAN, TO BE CAPTAIN. JUNE 9, 2016. MAJOR. NAVY NOMINATION OF JASON G. GOFF, TO BE CAPTAIN. NAVY NOMINATIONS BEGINNING WITH KATIE M. AIR FORCE NOMINATIONS BEGINNING WITH ANDREW M. NAVY NOMINATIONS BEGINNING WITH OLIVIA L. ABDALLAH AND ENDING WITH NATHAN J. WINTERS, FOSTER AND ENDING WITH ANTHONY P. GADDI, WHICH BETHEA AND ENDING WITH CHRISTIAN A. STOVER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON JUNE 9, 2016. PEARED IN THE CONGRESSIONAL RECORD ON JUNE 6, MAY 11, 2016. NAVY NOMINATIONS BEGINNING WITH MATTHEW J. 2016. NAVY NOMINATIONS BEGINNING WITH ROGER S. AKINS ACANFORA AND ENDING WITH JOSEPH A. ZERBY, WHICH AIR FORCE NOMINATIONS BEGINNING WITH DAVID B. AND ENDING WITH MICHAEL D. WITTENBERGER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BARKER AND ENDING WITH ANGELA M. YUHAS, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JUNE 9, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, 2016. PEARED IN THE CONGRESSIONAL RECORD ON JUNE 16, 2016. NAVY NOMINATIONS BEGINNING WITH KENNETH O. AL- 2016. NAVY NOMINATIONS BEGINNING WITH RICHARD S. LISON, JR. AND ENDING WITH TIMOTHY L. YEICH, WHICH IN THE ARMY ADCOOK AND ENDING WITH BENJAMIN W. YOUNG, JR., NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PEARED IN THE CONGRESSIONAL RECORD ON JUNE 9, ARMY NOMINATION OF BETHANY C. ARAGON, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON 2016. COLONEL. MAY 11, 2016. NAVY NOMINATIONS BEGINNING WITH BENJAMIN P. ARMY NOMINATION OF BRIAN T. WATKINS, TO BE COLO- NAVY NOMINATIONS BEGINNING WITH ANDREW M. ABBOTT AND ENDING WITH RICHARD J. ZAMBERLAN, NEL. ARCHILA AND ENDING WITH DOUGLAS E. STEPHENS, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH SUSAN M. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON CEBULA AND ENDING WITH LISA N. YARBROUGH, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON JUNE 9, 2016. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MAY 11, 2016. NAVY NOMINATIONS BEGINNING WITH PETER PEARED IN THE CONGRESSIONAL RECORD ON JANUARY NAVY NOMINATIONS BEGINNING WITH SHANE D. COO- BISSONNETTE AND ENDING WITH ZAVEAN V. WARE, 28, 2016. PER AND ENDING WITH RANDALL J. VAVRA, WHICH WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH JOHN S. AITA NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON AND ENDING WITH DEREK C. WHITAKER, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, JUNE 9, 2016. TIONS WERE RECEIVED BY THE SENATE AND APPEARED 2016. NAVY NOMINATIONS BEGINNING WITH MYLENE R. IN THE CONGRESSIONAL RECORD ON JANUARY 28, 2016. NAVY NOMINATIONS BEGINNING WITH JOHANNES M. ARVIZO AND ENDING WITH ERROL A. WATSON, JR., ARMY NOMINATION OF JASON B. BLEVINS, TO BE COLO- BAILEY AND ENDING WITH JOHN E. VOLK, WHICH NOMI- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NEL. NATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATION OF SHAWN R. LYNCH, TO BE MAJOR. PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, JUNE 9, 2016. ARMY NOMINATION OF RITA A. KOSTECKE, TO BE 2016. NAVY NOMINATIONS BEGINNING WITH DAVID R. MAJOR. NAVY NOMINATIONS BEGINNING WITH SUSAN L. AYERS DONOHUE AND ENDING WITH JASON D. WEAVER, WHICH ARMY NOMINATION OF HELEN H. BRANDABUR, TO BE AND ENDING WITH MICHAEL YORK, WHICH NOMINATIONS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MAJOR. WERE RECEIVED BY THE SENATE AND APPEARED IN THE PEARED IN THE CONGRESSIONAL RECORD ON JUNE 9, ARMY NOMINATION OF BARRY K. WILLIAMS, TO BE CONGRESSIONAL RECORD ON MAY 11, 2016. 2016. COLONEL. NAVY NOMINATIONS BEGINNING WITH MICHAEL D. NAVY NOMINATIONS BEGINNING WITH RANDY J. BERTI ARMY NOMINATION OF DOUGLAS MAURER, TO BE BROWN AND ENDING WITH BRIAN J. STAMM, WHICH AND ENDING WITH MICHAEL WINDOM, WHICH NOMINA- COLONEL. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATION OF RONALD D. HARDIN, JR., TO BE PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, IN THE CONGRESSIONAL RECORD ON JUNE 9, 2016. LIEUTENANT COLONEL. 2016. NAVY NOMINATIONS BEGINNING WITH JODIE K. COR- ARMY NOMINATION OF EDWARD J. FISHER, TO BE NAVY NOMINATIONS BEGINNING WITH JOHN R. ANDER- NELL AND ENDING WITH SEAN B. ROBERTSON, WHICH COLONEL. SON AND ENDING WITH BURR M. VOGEL, WHICH NOMINA- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF DAVID W. MAYFIELD, TO BE TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON JUNE 9, LIEUTENANT COLONEL. IN THE CONGRESSIONAL RECORD ON MAY 11, 2016. 2016. ARMY NOMINATION OF MICHAEL P. GARLINGTON, TO NAVY NOMINATIONS BEGINNING WITH RACHAEL A. NAVY NOMINATIONS BEGINNING WITH PATRICIA H. BE COLONEL. DEMPSEY AND ENDING WITH SEAN D. ROBINSON, WHICH AJOY AND ENDING WITH WADE C. THAMES, WHICH NOMI- ARMY NOMINATIONS BEGINNING WITH NOELA B. BACON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING WITH WILLIAM D. PLUMMER, WHICH NOMI- PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, PEARED IN THE CONGRESSIONAL RECORD ON JUNE 9, NATIONS WERE RECEIVED BY THE SENATE AND AP- 2016. 2016. PEARED IN THE CONGRESSIONAL RECORD ON JUNE 23, NAVY NOMINATIONS BEGINNING WITH ANN E. CASEY NAVY NOMINATIONS BEGINNING WITH ERIN M. 2016. AND ENDING WITH DARYK E. ZIRKLE, WHICH NOMINA- CESCHINI AND ENDING WITH GIANCARLO WAGHELSTEIN, ARMY NOMINATION OF ELIZABETH M. MILLER, TO BE TIONS WERE RECEIVED BY THE SENATE AND APPEARED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL. IN THE CONGRESSIONAL RECORD ON MAY 11, 2016. AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE NAVY NAVY NOMINATIONS BEGINNING WITH CLAUDE W. AR- JUNE 9, 2016. NOLD, JR. AND ENDING WITH ROB W. STEVENSON, WHICH NAVY NOMINATION OF THOMAS W. LUTON, TO BE LIEU- NAVY NOMINATION OF JUSTIN C. LEGG, TO BE LIEU- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TENANT COMMANDER. TENANT COMMANDER. PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, NAVY NOMINATIONS BEGINNING WITH JENNIFER L. NAVY NOMINATIONS BEGINNING WITH TIMOTHY M. 2016. DONAHUE AND ENDING WITH ROBERT R. STEEN, WHICH DUNN AND ENDING WITH PEGGYTARA M. STOLYAROVA, NAVY NOMINATIONS BEGINNING WITH ALBERT ANGEL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND ENDING WITH SCOTT D. YOUNG, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON JUNE 23, AND APPEARED IN THE CONGRESSIONAL RECORD ON TIONS WERE RECEIVED BY THE SENATE AND APPEARED 2016. APRIL 14, 2016. IN THE CONGRESSIONAL RECORD ON MAY 11, 2016. NAVY NOMINATIONS BEGINNING WITH STEVEN D. NAVY NOMINATIONS BEGINNING WITH SUZANNE M. NAVY NOMINATIONS BEGINNING WITH THOMAS L. GIB- BARTELL AND ENDING WITH RON P. NEITZKE, WHICH LESKO AND ENDING WITH CHARLES E. SUMMERS II, BONS AND ENDING WITH KURT E. STRONACH, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JUNE 23, AND APPEARED IN THE CONGRESSIONAL RECORD ON PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, 2016. APRIL 14, 2016. 2016. NAVY NOMINATIONS BEGINNING WITH NATHAN JOHN- NAVY NOMINATION OF ANDREW F. ULAK, TO BE CAP- NAVY NOMINATIONS BEGINNING WITH DAVID L. STON AND ENDING WITH ROGER D. MUSSELMAN, WHICH TAIN. AAMODT AND ENDING WITH NATHAN S. YORK, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH KENNETH N. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JUNE 23, GRAVES AND ENDING WITH BILLY B. OSBORNE, JR., PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, 2016. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 2016. NAVY NOMINATIONS BEGINNING WITH PHILIP ARMAS, AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATIONS BEGINNING WITH MICHAEL B. JR. AND ENDING WITH CHRISTOPHER D. THOMPSON, APRIL 14, 2016. BILZOR AND ENDING WITH MATTHEW A. TESTERMAN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATIONS BEGINNING WITH STEVE R. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON PARADELA AND ENDING WITH REESE K. ZOMAR, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON JUNE 23, 2016. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MAY 11, 2016. NAVY NOMINATIONS BEGINNING WITH CATHERINE O. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 14, NAVY NOMINATIONS BEGINNING WITH PAUL D. DURHAM AND ENDING WITH REBECCA A. ZORNADO, 2016. CLIFFORD AND ENDING WITH DIANNA WOLFSON, WHICH WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATIONS BEGINNING WITH CHARLES M. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON BROWN AND ENDING WITH KARL W. WICK, WHICH NOMI- PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, JUNE 23, 2016. NATIONS WERE RECEIVED BY THE SENATE AND AP- 2016. NAVY NOMINATIONS BEGINNING WITH JAMES H. BURNS PEARED IN THE CONGRESSIONAL RECORD ON APRIL 14, NAVY NOMINATIONS BEGINNING WITH ERROL A. CAMP- AND ENDING WITH REBECCA S. SNYDER, WHICH NOMINA- 2016. BELL, JR. AND ENDING WITH JEFFREY M. VICARIO, TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATIONS BEGINNING WITH ROBERT K. BAER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE CONGRESSIONAL RECORD ON JUNE 23, 2016. AND ENDING WITH JOHN L. MORRIS, WHICH NOMINA- AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATIONS BEGINNING WITH JOHN M. TIONS WERE RECEIVED BY THE SENATE AND APPEARED MAY 11, 2016. HARDHAM AND ENDING WITH MARTIN W. WADEWITZ II, IN THE CONGRESSIONAL RECORD ON APRIL 14, 2016. NAVY NOMINATIONS BEGINNING WITH JEFFREY J. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATIONS BEGINNING WITH BRIAN S. CHOWN AND ENDING WITH BRET A. WASHBURN, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON ANDERTON AND ENDING WITH JAMES T. WORTHINGTON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JUNE 23, 2016.

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NAVY NOMINATIONS BEGINNING WITH PHILIP J. PEARED IN THE CONGRESSIONAL RECORD ON JUNE 23, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ABELDT AND ENDING WITH MICHAEL B. VENER, WHICH 2016. AND APPEARED IN THE CONGRESSIONAL RECORD ON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- FOREIGN SERVICE MAY 18, 2016. PEARED IN THE CONGRESSIONAL RECORD ON JUNE 23, FOREIGN SERVICE NOMINATIONS BEGINNING WITH 2016. FOREIGN SERVICE NOMINATION OF RICHARD GUSTAVE JOCELYN N. ADAMS AND ENDING WITH BRIAN JOSEPH NAVY NOMINATIONS BEGINNING WITH LAUREN P. AR- OLSON, JR. ZACHERL, WHICH NOMINATIONS WERE RECEIVED BY THE CHER AND ENDING WITH ALISSA G. SPEZIALE, WHICH FOREIGN SERVICE NOMINATION OF EMILY M. SCOTT. SENATE AND APPEARED IN THE CONGRESSIONAL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- FOREIGN SERVICE NOMINATIONS BEGINNING WITH RECORD ON MAY 19, 2016. AMANDA R. AHLERS AND ENDING WITH LEE V. WILBUR,

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SENATE COMMITTEE MEETINGS printing in the Extensions of Remarks JULY 13 section of the CONGRESSIONAL RECORD Title IV of Senate Resolution 4, 10:30 a.m. on Monday and Wednesday of each Committee on Appropriations agreed to by the Senate of February 4, week. Subcommittee on Military Construction 1977, calls for establishment of a sys- and Veterans Affairs, and Related tem for a computerized schedule of all Meetings scheduled for Thursday, June 30, 2016 may be found in the Daily Agencies meetings and hearings of Senate com- To hold hearings to examine a review of Digest of today’s RECORD. mittees, subcommittees, joint commit- the Department of Veterans Affairs’ tees, and committees of conference. electronic health record (VistA), This title requires all such committees MEETINGS SCHEDULED progress toward interoperability with to notify the Office of the Senate Daily JULY 6 the Department of Defense’s electronic health record, and plans for the future. Digest—designated by the Rules Com- 2 p.m. mittee—of the time, place and purpose Committee on Homeland Security and SD–124 of the meetings, when scheduled and Governmental Affairs JULY 14 any cancellations or changes in the Permanent Subcommittee on Investiga- meetings as they occur. tions 10 a.m. To hold hearings to examine ISIS online, Committee on Banking, Housing, and As an additional procedure along focusing on countering terrorist Urban Affairs with the computerization of this infor- radicalization and recruitment on the To hold hearings to examine evaluating mation, the Office of the Senate Daily internet and social media. the financial risks of China. Digest will prepare this information for SD–342 SD–538

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

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HIGHLIGHTS Senate agreed to the motion to concur in the House amendment to S. 2328, Puerto Rico Oversight, Management, and Economic Stability Act. Senate after withdrawing the committee amendment in the Chamber Action nature of a substitute, and agreeing to the following Routine Proceedings, pages S4683–S4772 amendment proposed thereto: Pages S4752–69 Measures Introduced: Nineteen bills and six reso- Sasse (for Fischer) Amendment No. 4940, in the lutions were introduced, as follows: S. 3107–3125, nature of a substitute. Page S4769 S.J. Res. 36, and S. Res. 515–519. Page S4723 Measures Considered: Measures Reported: Sanctuary Cities—Agreement: Senate began con- S. 3117, making appropriations for the Depart- sideration of the motion to proceed to consideration ment of State, foreign operations, and related pro- of S. 3100, to ensure that State and local law en- grams for the fiscal year ending September 30, 2017. forcement may cooperate with Federal officials to (S. Rept. No. 114–290) protect our communities from violent criminals and S. 1870, to amend the Small Business Act to re- suspected terrorists who are illegally present in the quire the Administrator of the Small Business Ad- United States. Page S4702 ministration to carry out a pilot program on issuing A motion was entered to close further debate on grants to eligible veterans to start or acquire quali- the motion to proceed to consideration of the bill, fying businesses, with an amendment in the nature and, in accordance with the provisions of rule XXII of a substitute. Page S4722 of the Standing Rules of the Senate, and pursuant to Measures Passed: the unanimous-consent agreement of Wednesday, Relative to the Death of Pat Summitt: Senate June 29, 2016, a vote on cloture will occur upon agreed to S. Res. 516, relative to the death of Pat disposition of the nomination of Brian R. Martinotti, Summitt, head coach emeritus of the University of of New Jersey, to be United States District Judge for Tennessee women’s basketball team. Page S4730 the District of New Jersey. Page S4702 Subsequently, the motion to proceed was with- National Prostate Cancer Awareness Month: drawn. Page S4702 Senate agreed to S. Res. 517, designating September 2016 as ‘‘National Prostate Cancer Awareness A unanimous-consent agreement was reached pro- viding that at approximately 10 a.m., on Wednes- Month’’. Page S4730 day, July 6, 2016, Senate resume consideration of National Day of the American Cowboy: Senate the motion to proceed to consideration of the bill; agreed to S. Res. 518, designating July 23, 2016, as and that upon disposition of the nomination of Brian ‘‘National Day of the American Cowboy’’. R. Martinotti, of New Jersey, to be United States Pages S4730–31 District Judge for the District of New Jersey, the 300th Anniversary of the City of Natchez, Mis- pending cloture motions filed on Wednesday, June sissippi: Senate agreed to S. Res. 519, recognizing 29, 2016, ripen. Page S4769 the 300th anniversary and historical significance of Kate’s Law—Cloture: Senate began consideration of the city of Natchez, Mississippi. Page S4731 the motion to proceed to consideration of S. 2193, Maritime Administration Authorization and to amend the Immigration and Nationality Act to Enhancement Act for Fiscal Year 2017: Senate increase penalties for individuals who illegally reen- passed S. 2829, to amend and enhance certain mari- ter the United States after being removed. time programs of the Department of Transportation, Pages S4702–03 D728

VerDate Sep 11 2014 07:30 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D29JN6.REC D29JNPT1 emcdonald on DSK9F6TC42PROD with DIGEST June 29, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D729 A motion was entered to close further debate on cloture was invoked on McConnell motion to concur the motion to proceed to consideration of the bill, in the House amendment to the bill. and, in accordance with the provisions of rule XXII Pages S4685, S4690 of the Standing Rules of the Senate, a vote on clo- McConnell Amendment No. 4868 (to (the in- ture will occur upon disposition of S. 3100, to en- structions) Amendment No. 4867), of a perfecting sure that State and local law enforcement may co- nature, fell when McConnell motion to refer the operate with Federal officials to protect our commu- House message on the bill to the Committee on En- nities from violent criminals and suspected terrorists ergy and Natural Resources, with instructions, who are illegally present in the United States. McConnell Amendment No. 4867, fell. Pages S4685, S4690 Pages S4702 Subsequently, the motion to proceed was with- McConnell Amendment No. 4869 (to Amend- ment No. 4868), of a perfecting nature, fell when drawn. Pages S4702 McConnell Amendment No. 4868 (to (the instruc- Department of Defense Appropriations Act— tions) Amendment No. 4867), fell. Cloture: Senate began consideration of the motion to Pages S4685, S4690 proceed to consideration of H.R. 5293, making ap- By 85 yeas to 13 nays (Vote No. 115), three-fifths propriations for the Department of Defense for the of those Senators duly chosen and sworn, having fiscal year ending September 30, 2017. voted in the affirmative, Senate agreed to the motion Pages S4705–10 to waive all applicable sections of the Congressional A motion was entered to close further debate on Budget Act of 1974 and applicable budget resolu- the motion to proceed to consideration of the bill, tions with respect to McConnell motion to concur in and, in accordance with the provisions of rule XXII the House amendment to the bill. Subsequently, the of the Standing Rules of the Senate, a vote on clo- point of order that the motion to concur in the ture will occur upon disposition of McConnell mo- House amendment to the bill violates section tion to concur in the House amendment to S. 764, 425(a)(2) of the Congressional Budget Act of 1974, to reauthorize and amend the National Sea Grant was not sustained. Page S4702 College Program Act, with McConnell Amendment McConnell Amendment No. 4865, to change the enactment date, fell when McConnell motion to con- No. 4935. Pages S4704–05 cur in the House amendment to the bill, with House Messages: McConnell Amendment No. 4865, was withdrawn. Puerto Rico Oversight, Management, and Eco- Pages S4702 nomic Stability Act: By 68 yeas to 30 nays (Vote McConnell Amendment No. 4866 (to Amend- No. 116), Senate concurred in the House amend- ment No. 4865), of a perfecting nature, fell when ment to S. 2328, to reauthorize and amend the Na- McConnell Amendment No. 4865, fell. tional Sea Grant College Program Act, after taking Pages S4690, S4702 action on the following motions and amendments National Sea Grant College Program Amend- proposed thereto: Pages S4702 ments Act—Cloture: Senate began consideration of Withdrawn: the House amendment to S. 764, to reauthorize and McConnell motion to concur in the House amend- amend the National Sea Grant College Program Act, ment to the bill, with McConnell Amendment No. after agreeing to the motion to lay before the Senate 4865, to change the enactment date. (By 44 yeas to the message from the House to accompany the bill, 54 nays (Vote No. 114), Senate earlier failed to table and taking action on the following motions and amendments proposed thereto: Pages S4703–05 the motion to concur.) Pages S4685, S4701–02 During consideration of this measure today, Senate Withdrawn: McConnell motion to concur in the House amend- also took the following action: ment to the bill with McConnell (for Roberts) By 68 yeas to 32 nays (Vote No. 113), three-fifths Amendment No. 3450 (to the House amendment to of those Senators duly chosen and sworn, having the bill), in the nature of a substitute. Page S4704 voted in the affirmative, Senate agreed to the motion McConnell motion to refer the bill to the Com- to close further debate on McConnell motion to con- mittee on Commerce, Science, and Transportation. cur in the House amendment to the bill. Page S4704 Pages S4689–90 Pending: McConnell motion to refer the House message on McConnell motion to concur in the House amend- the bill to the Committee on Energy and Natural ment to the bill, with McConnell (for Roberts) Resources, with instructions, McConnell Amendment Amendment No. 4935, in the nature of a substitute. No. 4867, to change the enactment date, fell when Page S4704

VerDate Sep 11 2014 07:30 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D29JN6.REC D29JNPT1 emcdonald on DSK9F6TC42PROD with DIGEST D730 CONGRESSIONAL RECORD — DAILY DIGEST June 29, 2016 McConnell Amendment No. 4936 (to Amend- Daniel B. Maffei, of New York, to be a Federal ment No. 4935), to change the enactment date. Maritime Commissioner for a term expiring June 30, Page S4705 2017. McConnell motion to refer the House message to Rebecca F. Dye, of North Carolina, to be a Fed- accompany the bill to the Committee on Agri- eral Maritime Commissioner for the term expiring culture, Nutrition, and Forestry, with instructions, June 30, 2020. McConnell Amendment No. 4937, in the nature of Mary Beth Leonard, of Massachusetts, to be Rep- a substitute. Page S4705 resentative of the United States of America to the McConnell Amendment No. 4938 (to (the in- African Union, with the rank and status of Ambas- structions) Amendment No. 4937), to change the sador. enactment date. Page S4705 Geeta Pasi, of New York, to be Ambassador to McConnell Amendment No. 4939 (to Amend- the Republic of Chad. ment No. 4938), of a perfecting nature. Page S4705 Anne S. Casper, of Nevada, to be Ambassador to A motion was entered to close further debate on the Republic of Burundi. McConnell motion to concur in the House amend- Michael A. Khouri, of Kentucky, to be a Federal ment to the bill, with McConnell Amendment No. Maritime Commissioner for a term expiring June 30, 4935 (listed above), and, in accordance with the pro- 2021. Page S4769 visions of rule XXII of the Standing Rules of the 12 Air Force nominations in the rank of general. Senate, a vote on cloture will occur upon disposition 10 Army nominations in the rank of general. of S. 2193, to amend the Immigration and Nation- 2 Coast Guard nominations in the rank of admi- ality Act to increase penalties for individuals who il- ral. legally reenter the United States after being re- 15 Marine Corps nominations in the rank of gen- moved. Page S4703 eral. During consideration of this measure today, Senate 24 Navy nominations in the rank of admiral. also took the following action: Routine lists in the Air Force, Army, Foreign By 68 yeas to 29 nays (Vote No. 117), Senate Service, and Navy. Pages S4710–14, S4769–72 agreed to the motion to lay before the Senate the Nominations Received: Senate received the fol- message from the House to accompany the bill. lowing nominations: Page S4704 Debra Satz, of California, to be a Member of the McConnell (for Roberts) Amendment No. 3450 National Council on the Humanities for a term ex- (to the House amendment to the bill), in the nature piring January 26, 2022. of a substitute, fell when McConnell motion to con- W. Stuart Symington, of Missouri, to be Ambas- cur in the House amendment to the bill with sador to the Federal Republic of Nigeria. McConnell (for Roberts) Amendment No. 3450, was Jason D. Tulley, of the District of Columbia, to withdrawn. Page S4704 be an Associate Judge of the Superior Court of the Pro Forma Sessions—Agreement: A unanimous- District of Columbia for the term of fifteen years. consent agreement was reached providing that Senate 1 Air Force nomination in the rank of general. adjourn, to then convene for pro forma sessions only, 6 Army nominations in the rank of general. with no business being conducted on the following 24 Navy nominations in the rank of admiral. dates and times, and that following each pro forma Page S4769 session, Senate adjourn until the next pro forma ses- Messages from the House: Page S4720 sion: Friday, July 1, 2016, at 9:30 a.m.; Tuesday, July 5, 2016, at 9 a.m.; and that when Senate ad- Measures Referred: Page S4720 journs on Tuesday, July 5, 2016, it next convene at Measures Read the First Time: Page S4720 10 a.m., on Wednesday, July 6, 2016. Page S4769 Executive Communications: Pages S4720–22 Martinotti Nomination—Agreement: A unani- Executive Reports of Committees: Pages S4722–23 mous-consent agreement was reached providing that at approximately 2:15 p.m., on Wednesday, July 6, Additional Cosponsors: Pages S4723–25 2016, Senate begin consideration of the nomination Statements on Introduced Bills/Resolutions: of Brian R. Martinotti, of New Jersey, to be United Pages S4725–31 States District Judge for the District of New Jersey, Additional Statements: Pages S4719–20 under the previous order of Tuesday, June 21, 2016. Page S4769 Amendments Submitted: Pages S4731–50 Nominations Confirmed: Senate confirmed the fol- Authorities for Committees to Meet: Page S4750 lowing nominations: Privileges of the Floor: Page S4750

VerDate Sep 11 2014 07:30 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D29JN6.REC D29JNPT1 emcdonald on DSK9F6TC42PROD with DIGEST June 29, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D731 Record Votes: Five record votes were taken today. Grant Program, with an amendment in the nature of (Total—117) Pages S4689–90, S4702, S4704 a substitute; Adjournment: Senate convened at 9:30 a.m. and S. 2219, to require the Secretary of Commerce to adjourned at 9:03 p.m., until 9:30 a.m. on Friday, conduct an assessment and analysis of the outdoor July 1, 2016. (For Senate’s program, see the remarks recreation economy of the United States, with an of the Acting Majority Leader in today’s Record on amendment in the nature of a substitute; page S4769.) S. 3086, to reauthorize and amend the Marine De- bris Act to promote international action to reduce marine debris, with an amendment in the nature of Committee Meetings a substitute; S. 3099, to preserve and enhance saltwater fishing (Committees not listed did not meet) opportunities for recreational anglers; and The nominations of Peggy E. Gustafson, of Mary- APPROPRIATIONS: STATE, FOREIGN land, to be Inspector General, Department of Com- OPERATIONS, AND RELATED PROGRAMS merce, and Michael A. Khouri, of Kentucky, to be Committee on Appropriations: Committee ordered favor- a Federal Maritime Commissioner. ably reported an original bill (S. 3117) making ap- propriations for the Department of State, foreign op- EPA ENFORCEMENT AND COMPLIANCE erations, and related programs for the fiscal year end- PROGRAMS ing September 30, 2017. Committee on Environment and Public Works: Sub- committee on Superfund, Waste Management, and BUSINESS MEETING Regulatory Oversight concluded an oversight hearing Committee on Commerce, Science, and Transportation: to examine the Environmental Protection Agency en- Committee ordered favorably reported the following forcement and compliance programs, after receiving business items: testimony from Cynthia Giles, Assistant Adminis- S. 3084, to invest in innovation through research trator, Office of Enforcement and Compliance Assur- and development, and to improve the competitive- ance, Environmental Protection Agency. ness of the United States, with an amendment in the nature of a substitute; ZIKA PREVENTION AND PREPARATION S. 827, to amend the Communications Act of Committee on Homeland Security and Governmental Af- 1934 to ensure the integrity of voice communica- fairs: Committee concluded a hearing to examine tions and to prevent unjust or unreasonable discrimi- preparing for and protecting the nation from Zika, nation among areas of the United States in the deliv- after receiving testimony from Rear Admiral Anne ery of such communications, with an amendment in Schuchat, Principal Deputy Director, Centers for the nature of a substitute; Disease Control and Prevention; H. Fisk Johnson, S. S. 2997, to direct the Federal Communications C. Johnson and Son, Racine, Wisconsin; Colonel Commission to commence proceedings related to the Christopher Zahn, USAF (Ret.), American College of resiliency of critical telecommunications networks Obstetricians and Gynecologists, Bethesda, Mary- during times of emergency, with an amendment in land; T. Wayne Gale, Florida Mosquito Control As- the nature of a substitute; sociation and American Mosquito Control Associa- S. 1717, to amend title 46, United States Code, tion, Tallahassee; and David O’Connor, University of to exempt old vessels that only operate within inland Wisconsin, Madison. waterways from the fire-retardant materials require- ment if the owners of such vessels make annual EVERY STUDENT SUCCEEDS ACT structural alterations to at least 10 percent of the IMPLEMENTATION areas of the vessels that are not constructed of fire- Committee on Health, Education, Labor, and Pensions: retardant materials; Committee concluded a hearing to examine Every S. 3088, to provide a deadline for compliance Student Succeeds Act implementation, focusing on with an alternate safety compliance program, with an an update from the Secretary of Education on pro- amendment in the nature of a substitute; posed regulations, after receiving testimony from S. 3087, to establish the American Fisheries Advi- John King, Secretary of Education. sory Committee to assist in the awarding of fisheries research and development grants, with an amend- INDIAN AFFAIRS LEGISLATION ment in the nature of a substitute; Committee on Indian Affairs: Committee concluded a S. 3059, to reauthorize and amend the John H. hearing to examine S. 2796, to repeal certain obso- Prescott Marine Mammal Rescue and Response lete laws relating to Indians, S. 2959, to amend the

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White Mountain Apache Tribe Water Rights Quan- Affairs in connection with rehabilitation, counseling, tification Act of 2010 to clarify the use of amounts examination, treatment, and care, S. 2210, to require in the WMAT Settlement Fund, and S. 3013, to au- the Secretary of Veterans Affairs to carry out a pro- thorize and implement the water rights compact gram to establish peer specialists in patient aligned among the Confederated Salish and Kootenai Tribes care teams at medical centers of the Department of of the Flathead Indian Reservation, the State of Veterans Affairs, S. 2279, to require the Secretary of Montana, and the United States, after receiving testi- Veterans Affairs to carry out a program to increase mony from Letty Belin, Counselor to the Deputy efficiency in the recruitment and hiring by the De- Secretary of the Interior; David Flute, Sisseton- partment of Veterans Affairs of health care workers Wahpeton Oyate, Agency Village, South Dakota; that are undergoing separation from the Armed Kasey Velasquez, White Mountain Apache Tribe, Forces, to create uniform credentialing standards for Whiteriver, Arizona; and Vernon Finley, Confed- certain health care professionals of the Department, erated Salish and Kootenai Tribes of the Flathead S. 2316, to amend title 38, United States Code, to Reservation, Pablo, Montana. expand the requirements for reissuance of veterans PROTECTING OLDER AMERICANS FROM benefits in cases of misuse of benefits by certain fi- FINANCIAL EXPLOITATION duciaries to include misuse by all fiduciaries, and to improve oversight of fiduciaries, S. 2791, to amend Committee on the Judiciary: Committee concluded a title 38, United States Code, to provide for the hearing to examine protecting older Americans from treatment of veterans who participated in the clean- financial exploitation, after receiving testimony from up of Enewetak Atoll as radiation exposed veterans John A. Horn, United States Attorney for the for purposes of the presumption of service-connection Northern District of Georgia, Department of Justice; of certain disabilities by the Secretary of Veterans Lois Greisman, Associate Director, Division of Mar- Affairs, S. 2958, to establish a pilot program on keting Practices, Bureau of Consumer Protection, partnership agreements to construct new facilities for Federal Trade Commission; Nancy Shaffer, Con- the Department of Veterans Affairs, S. 3021, to necticut State Department on Aging, South Wind- amend title 38, United States Code, to authorize the sor; Donna K. Harvey, Iowa Department on Aging, use of Post-9/11 Educational Assistance to pursue Des Moines; and Joseph Marquart, AARP Iowa Ex- independent study programs at certain educational ecutive Council, Cedar Falls. institutions that are not institutions of higher learn- DWINDLING STARTUP ACTIVITY ing, S. 3023, to provide for the reconsideration of Committee on Small Business and Entrepreneurship: Com- claims for disability compensation for veterans who mittee concluded a hearing to examine the con- were the subjects of experiments by the Department sequences of dwindling startup activity, including S. of Defense during World War II that were con- 2868, to amend the Internal Revenue Code of 1986 ducted to assess the effects of mustard gas or lewisite to provide for the deferral of inclusion in gross in- on people, S. 3032, to provide for an increase, effec- come for capital gains reinvested in economically tive December 1, 2016, in the rates of compensation distressed zones, and S. 2812, to amend the Small for veterans with service-connected disabilities and Business Act to reauthorize and improve the Small the rates of dependency and indemnity compensation Business Innovation Research Program and the Small for the survivors of certain disabled veterans, S. Business Technology Transfer Program, after receiv- 3035, to require the Secretary of Veterans Affairs to ing testimony from John W. Lettieri, Economic In- carry out a pilot program to increase the use of med- novation Group, and Donna Harris, 1776, both of ical scribes to maximize the efficiency of physicians Washington, D.C.; and Dane Stangler, Ewing Mar- at medical facilities of the Department of Veterans ion Kauffman Foundation, Kansas City, Missouri. Affairs, S. 3055, to amend title 38, United States Code, to provide a dental insurance plan to veterans VETERANS’ AFFAIRS LEGISLATION and survivors and dependents of veterans, S. 3076, Committee on Veterans’ Affairs: Committee concluded a to amend title 38, United States Code, to authorize hearing to examine S. 244, to require an inde- the Secretary of Veterans Affairs to furnish caskets pendent comprehensive review of the process by and urns for burial in cemeteries of States and tribal which the Department of Veterans Affairs assesses organizations of veterans without next of kin or suf- cognitive impairments that result from traumatic ficient resources to provide for caskets or urns, S. brain injury for purposes of awarding disability com- 3081, to amend title 38, United States Code, to pro- pensation, S. 603, to amend title 38, United States vide certain employees of members of Congress with Code, to make permanent the authority of the Sec- access to case-tracking information of the Depart- retary of Veterans Affairs to transport individuals to ment of Veterans Affairs, an original bill to clarify and from facilities of the Department of Veterans the scope of procedural rights of members of the

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uniformed services with respect to their employment gram to expand medical residencies and internships and reemployment rights, to improve the enforce- at such facilities, after receiving testimony from ment of such employment and reemployment rights, David McLenachen, Deputy Under Secretary for Dis- an original bill to expand eligibility for readjustment ability Assistance, Veterans Benefits Administration, counseling to certain members of the Selected Re- Department of Veterans Affairs; Roscoe G. Butler, serve of the Armed Forces, and an original bill to The American Legion, Carlos Fuentes, Veterans of authorize payment by the Department of Veterans Foreign Wars of the United States, and Richard Affairs for the costs associated with service by med- Weidman, Vietnam Veterans of America, all of ical residents and interns at facilities operated by In- Washington, D.C.; and Kevin Ziober, Costa Mesa, dian tribes and tribal organizations, to require the California. Secretary of Veterans Affairs to carry out a pilot pro- h House of Representatives tocracy, and the dangers of failing governance, 10:30 Chamber Action a.m., SD–419. The House was not in session today. The House Committee on Homeland Security and Governmental Affairs: is scheduled to meet in a Pro Forma session at 9 Subcommittee on Regulatory Affairs and Federal Manage- a.m. on Friday, July 1, 2016. ment, to hold hearings to examine the use of agency reg- ulatory guidance, 9 a.m., SD–342. Committee on the Judiciary: business meeting to consider Committee Meetings S. 247, to amend section 349 of the Immigration and No hearings were held. Nationality Act to deem specified activities in support of terrorism as renunciation of United States nationality, and the nomination of Carole Schwartz Rendon, of Ohio, to Joint Meetings be United States Attorney for the Northern District of No joint committee meetings were held. Ohio; to be immediately followed by an oversight hearing f to examine the Department of Homeland Security, 9:30 a.m., SD–226. COMMITTEE MEETINGS FOR THURSDAY, Committee on Small Business and Entrepreneurship: to hold JUNE 30, 2016 hearings to examine small business survival amidst flood (Committee meetings are open unless otherwise indicated) insurance rate increases, 10 a.m., SR–428A. Senate House Committee on Foreign Relations: to hold hearings to exam- No hearings are scheduled. ine corruption, focusing on violent extremism, klep-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, July 1 9 a.m., Friday, July 1

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Friday: The House will meet in a Pro session. Forma session at 9 a.m. on Friday, July 1, 2016.

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