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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, THURSDAY, APRIL 27, 2017 No. 72 Senate The Senate met at 10 a.m. and was and well-attended houses of worship in administration. By bringing down tax called to order by the President pro Arkansas’s second largest city of Fort rates for individuals, we can help ease tempore (Mr. HATCH). Smith, which is the city in which I the burden on middle-class families, f grew up. and by lowering taxes for American Pastor Sloan is also a proud husband businesses, both small and large, we PRAYER and father and plays an important role can foster job creation here at home, The PRESIDENT pro tempore. To- in the life of the Fort Smith commu- while making our country more com- day’s opening prayer will be offered by nity. As the lead pastor of Harvest petitive in an increasingly competitive Martyn Sloan, lead pastor of Harvest Time, he has a passion for caring for international economy. I commend the Time in Fort Smith, AR. his congregation and those in the larg- President and his team for taking this The guest Chaplain offered the fol- er community through preaching, critical first step, and I look forward to lowing prayer: teaching, and counseling in order to working with the administration and Almighty and Eternal God, who has encourage and build up their faith and our House colleagues to finally over- created us, to whom we belong and develop meaningful relationships with haul our tax system. whom we serve, it is in You that we Christ and one another. f find our purpose, our peace, and our For 22 years, Pastor Sloan has been prosperity. May Your Kingdom come. in ministry and has focused on both na- NOMINATION OF ALEXANDER Use this day our lawmakers to com- tional and international missions. He ACOSTA plete and carry out Your will on this has also been involved with the Live Mr. MCCONNELL. Mr. President, on Earth as in Heaven. Create in each of Nativity on Capitol Hill and the Na- another matter, despite much unneces- them a clean and a courageous and a tional Day of Prayer and has conducted sary obstruction, the Senate has con- selfless heart that will not give in to pastoral conferences in America, Peru, tinued to move forward with the con- fear, adversity, or temptation. Grant and Armenia. Pastor Sloan says that firmation process for administration them wisdom and the discernment of one of his greatest joys is to ‘‘pastor nominees. the truth so that they may rightly from the center of the room’’ because Just this week, we have confirmed judge these, Your children. Strengthen his desire is to lead his congregation by two more impressive individuals—Sec- them as they grow weary so that they walking through life together with retary of Agriculture Sonny Perdue may give strength to the weary and them. and Deputy Attorney General Rod burdened in this life. Serving as the guest Chaplain is an Rosenstein. Today, we will have the op- We pray this and all things in Your incredible honor. I am thankful for portunity to confirm a third. That Holy Name. Amen. Pastor Sloan’s ministry, and I am so nominee, Alexander Acosta, under- f pleased he could be here to offer an in- stands the difficult task ahead of him PLEDGE OF ALLEGIANCE vocation of asking God to guide and as the next Secretary of Labor. Fortu- The President pro tempore led the bless the efforts of Congress and Amer- nately, he has an impressive back- Pledge of Allegiance, as follows: ica’s leaders. ground that will serve him well as he takes on these tough issues. It explains I pledge allegiance to the Flag of the I yield the floor. United States of America, and to the Repub- f why Acosta has earned high acclaim lic for which it stands, one nation under God, from numerous pro-job groups, like the indivisible, with liberty and justice for all. RECOGNITION OF THE MAJORITY National Association of Manufacturers, LEADER The PRESIDING OFFICER (Mr. which called him an ‘‘exceptional STRANGE). The Senator from Arkansas The PRESIDING OFFICER. The ma- choice to lead the Department,’’ and is recognized. jority leader is recognized. the chamber of commerce, which noted his ‘‘extraordinary history of govern- f f ment service and refined skills.’’ WELCOMING THE GUEST THE PRESIDENT’S TAX PLAN He has also earned support from CHAPLAIN Mr. MCCONNELL. Mr. President, yes- across the political spectrum, includ- Mr. BOOZMAN. Mr. President, I terday, the administration introduced ing from people like Lafe Solomon, a would like to thank Pastor Marty a plan to serve as the guideline for National Labor Relations Board Acting Sloan for delivering the opening prayer modernizing and simplifying America’s General Counsel in the Obama adminis- in the Senate today. Tax Code. This process is long overdue, tration, who said Acosta is ‘‘very open- Pastor Sloan is the lead pastor of and it is a priority that is shared by minded and fair’’ and ‘‘deserves to be Harvest Time, one of the most active the Republican House, Senate, and the Secretary of Labor.’’

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

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VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.000 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2566 CONGRESSIONAL RECORD — SENATE April 27, 2017 We have also heard from unions that The senior assistant legislative clerk Allowing their reports to slide into a have backed him as well. In their read the nomination of R. Alexander deep, dark hole, in limbo for 2, 3, or 4 words, Acosta is an ‘‘advocate for the Acosta, of Florida, to be Secretary of years—and even more, as I have point- middle class,’’ a nominee with ‘‘strong Labor. ed out—leaves whistleblowers exposed, credentials and an impeccable reputa- The PRESIDING OFFICER. The Sen- leaves them vulnerable to retaliation, tion,’’ and someone they can work with ator from Iowa. and of course distrusting of the system ‘‘to protect and make better the lives Mr. GRASSLEY. Mr. President, I that is designed to protect the whistle- of working men and women across think I have 15 minutes to speak. When blowers. So, in the end, this kind of America.’’ I get to about 13 minutes, would you treatment will discourage others from Acosta’s leadership at the Labor De- raise your thumb or something and tell stepping forward in the future. partment will serve as a much needed me, please. Hotline officials, including Mrs. Gar- change from what we saw under the The PRESIDING OFFICER. The rison, were questioned about the back- previous administration, when, too Chair certainly will. log on December 15, 2016. They at- Mr. GRASSLEY. Thank you. often, onerous regulations that stifled tempted to deflect responsibility else- instead of encouraged growth were DEFENSE DEPARTMENT’S OFFICE OF THE where and showed little interest in the INSPECTOR GENERAL given high priority, which came at a problem. After numerous followup in- Mr. President, I come to the floor disadvantage to the very workers the quiries, a second meeting was re- today to spotlight a potential failure of previous administration claimed to be quested. leadership at the Defense Department’s So at a March 30 meeting this year, helping. Office of Inspector General in that a Of course, much work remains when Hotline officials were singing a whole large number of hotline cases have different song. They tried to dispel the it comes to providing relief to middle- been set aside, neglected, and possibly class workers, but today’s vote to con- notion that a surge in cases closures forgotten. were triggered by my inquiry. To the firm Acosta represents another posi- The hotline plays a very critical role tive step in that direction. contrary, they said, it was part of rou- in the inspector general’s core mission tine, ongoing ‘‘cleanup of the hotline f of rooting out fraud, waste, and abuse. mess’’ that began way back in March of GOVERNMENT FUNDING The hotline is the command and con- 2013. They reported that 107,000 cases LEGISLATION trol link between whistleblowers on were swept up, including the so-called the one hand and investigators on the bad dog cases from 2002. Mr. MCCONNELL. Mr. President, on other hand. To succeed, hotline tips This explanation may be fiction. one final issue, as we know, talks on need quick and decisive action, but Mrs. Garrison should know that the government funding legislation have speed is not one of the chief assets of 406 cases date back to 2012 and 2013. continued throughout the week on a bi- this unit. Without a quick response, After sitting on the hotline docket for partisan, bicameral basis. The House the full value of whistleblower infor- up to 4-plus years, these cases are any- has introduced a short-term funding mation is lessened. thing but routine. They are tough nuts bill that we expect to pass before Fri- Last year, at my request, I was given to crack, of course, and very difficult day night’s deadline so that a final a 12-page spreadsheet dated November to resolve—sort of like the bad dogs agreement can be drafted and shared 8, 2016. It listed 406 hotline cases that way back in 2002. with Members for their review prior to had been open for more than 2 years or What they needed was clear direction its consideration next week. This ex- over 730 days. Frankly, I was stunned from the top. They needed to be handed tension will also protect thousands of by what I saw on this spreadsheet. I off to a tiger team, but that didn’t hap- retired coal miners and their families counted 240 cases—over half of the pen. Priorities became an afterthought, from losing the healthcare benefits I total—that had been open for more and the hotline mess got more nourish- have fought for throughout this entire than 1,000 days. Many had been open ment. process, as I continue to lead the fight for more than 1,300 days. Some were Then, finally, the ‘‘routine, ongoing’’ to secure them on a permanent basis. right at a 4-year marker; that is 1,460 cleanup reached the 406 most egregious I suggest the absence of a quorum. days. The oldest is now pushing close cases—the worst of the worst. The ones The PRESIDING OFFICER. The to 1,600 days. Even—if you can believe that bring me to the floor today. clerk will call the roll. it—5-year-old cases are not unheard of. Since January, I received five up- The senior assistant legislative clerk So we can see why working quickly on dated spreadsheets trumpeting the clo- proceeded to call the roll. these investigations—taking tips from sure of 200 of these so-called bad dogs— Mr. GRASSLEY. Mr. President, I ask whistleblowers and pursuing them on done with due diligence, I hope. unanimous consent that the order for waste, fraud, and abuse—is very impor- Though late and incomplete, the surge the quorum call be rescinded. tant, and we shouldn’t have this time shows what is possible when manage- The PRESIDING OFFICER. Without wasted. ment starts doing what we expect man- objection, it is so ordered. When cases remain open for years, agement to do; in other words, man- f they become stale. Inattention breeds aging. The backlog can be controlled neglect. Work grinds to a halt. Cases and eliminated. RESERVATION OF LEADER TIME slowly fade from memory. This is unac- Why did it take top managers so long The PRESIDING OFFICER. Under ceptable, and my colleagues ought to to see the light and get on the stick the previous order, the leadership time consider it unacceptable, and the Sec- doing their job? Maybe they just didn’t is reserved. retary of Defense ought to consider it care—at least not until the Senator f unacceptable. The hotline, then, with from Iowa started asking questions. this waiting period, loses its full value. Then and only then did they indicate CONCLUSION OF MORNING The deputy inspector general for ad- what had been characterized as ‘‘ag- BUSINESS ministrative investigations, Mrs. Mar- gressive management oversight.’’ The PRESIDING OFFICER. Morning guerite C. Garrison, is in charge of the Well, praise the Lord. Those words— business is closed. hotline, so she is accountable for the ‘‘aggressive management oversight’’— warm my heart, but the deputy IGs f backlog. The backlog shows a lack of commitment to the hotline creed and need to exercise aggressive oversight at EXECUTIVE SESSION the plight of whistleblowers. Here is all times, not just when a Senator why: Hotline posters are displayed steps in and not just when embar- throughout the Department of Defense. rassing revelations get some daylight. EXECUTIVE CALENDAR They are a bugle call for whistle- Good managers don’t need a Senator The PRESIDING OFFICER. Under blowers. They encourage whistle- looking over their shoulders to know the previous order, the Senate will pro- blowers to step forward, and they do what needs to be done. That is no way ceed to executive session to resume that at considerable risk. In return, to run a railroad, as we say. The man- consideration of the Acosta nomina- then, these patriotic people ought to agers responsible for the hotline mess tion, which the clerk will report. deserve a quick and honest response. need more supervision.

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.002 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2567 One of Mrs. Garrison’s other direc- Thankfully, Acting Inspector General Intelligence during a hearing just last torates—the whistleblower reprisal in- Fine intervened. He showed real cour- year, former Director James Clapper, vestigations, or what we call the WRI age. After taking a firsthand look, he who served 50 years in the U.S. intel- unit—is always crying out for help. It backed up the investigators, over- ligence community. He said: ‘‘In my is facing its own hotline-style tsunami. turning some—but not all—unsup- time in the intelligence business, I It has a staff of 56 personnel, but only ported charges. He helped to bring evi- don’t recall a time when we have been 28 of those 56—or about 50 percent—are dence and findings back into sync. I confronted with a more diverse array actually assigned to investigative thank Inspector General Fine from the of threats.’’ I agree with him. teams. They complete 50 to 60 reports bottom of my heart. On top of that diverse array of per year. With some 120 cases under in- But Mr. Fine still has more work to threats, never before has our country vestigation at any one time, a large do. been at war for such an extended period number inevitably get rolled forward The alleged doctoring of the Losey of time since 9/11, and never before from year to year. The backlog could report, I am told, is not an isolated have we done so much with an all-vol- easily double or triple over the next case. There are at least five others just unteer military force stressed by re- few years. like it—and probably more—that all peated deployments, while at the same In November, 38 cases were beyond need oversight. time defense spending has been cut by acceptable limits. As of March 28, the As I understand it, the Office of Spe- nearly 15 percent over the last 8 years. oldest one was 1,394 days old. While cial Counsel is contemplating a review So the United States is at a cross- many of these cases were recently of these matters and could rule in favor roads when it comes to meeting the di- closed, new ones keep popping up on of whistleblower reprisal investiga- verse threats we face today, while si- the list. Despite very substantial in- tions. They blew the whistle on all of multaneously preparing for the ever- creases in money and personnel since the alleged tampering going on—and do evolving future threats headed our way 2013, the deputy IG still seems over- my colleagues know what these patri- tomorrow. otic people got for it? They got ham- whelmed by the volume of work. I wish to first provide a little bit of While beefing up the whistleblower mered for it. They got hammered for context about our lack of readiness to reprisal investigations may be nec- protecting Federal workers. meet those threats by framing the If top managers are tampering with essary, Mr. Fine and his deputies need challenges our military and our Nation reports and retaliating against their to do more with what they have. With faces, and then I wish to offer some own people who report it, then how can thoughts about how we can rise to an annual budget of $320 million and a they be trusted to run the agency’s pre- meet these challenges and maintain 1,500-person workforce, efficiencies can mier whistleblower oversight unit? our military preeminence and leader- be found. All of the pertinent issues need to be Some units are said to be top-heavy ship in the world. resolved, and they demand high-level First, there are the challenges and ripe for belt-tightening. The inves- attention. So I call on the new Sec- abroad. We face a range of adversaries tigative processes are notoriously cum- retary of Defense and the acting in- unlike any other in our history. In the bersome and could be streamlined. spector general to work together to ad- Middle East, even as ISIS forces are The audit office, with 520 workers, dress these problems. pushed back in Iraq, their ideology turns out mostly second-rate reports. No. 1, the hotline needs to be brought spreads like a contagion through their It needs strong leadership and it needs up to acceptable standards under so-called cyber caliphate, and it con- redirection. The Obama administration stronger management; No. 2, all poten- tinues to permeate the West and at- never seemed to take these problems tial solutions to the workload-work- tract the vulnerable and the disillu- very seriously. I hope this new admin- force mismatch need to be explored, in- sioned. FBI Director Comey has said istration coming in to drain the swamp cluding internal realignments; No. 3, that his agency has open investigations will do better. an independent review of all cases into home-grown jihadists in all 50 Weak leadership gave us the hotline where alleged tampering occurred States. backlog. Weak leadership is giving us should be conducted, to include an ex- Iran, under the Joint Comprehensive the continuing mismatch between the amination of the Garrison letter clear- Plan of Action, is a breakout nuclear workforce and the workload. Both are ing an admiral in the midst of an inves- threat and remains the No. 1 state messy extensions of a much more tigation. If tampering and retaliation sponsor of terrorism in the world. At harmful leadership problem—a fes- did in fact occur, then the culprits the same time, it is rapidly growing its tering sore that is eating away at in- should be fired. ballistic missile arsenal and has re- tegrity and independence. I look forward to receiving a full re- gained much of its financial strength This is what I am hearing: port. following sanctions relief under the Top managers have allegedly been I yield the floor. JCPOA. tampering with investigative reports The PRESIDING OFFICER. The ma- Then there is Syria. Since the Syrian and then retaliating against super- jority whip. civil war began, 400,000 have died in a visory investigators who call them to U.S. MILITARY READINESS bloody civil war, while Bashar al- account. This is sparking allegations Mr. CORNYN. Mr. President, our Assad, a brutal dictator known to re- that a culture of corruption is thriving military and our intelligence commu- peatedly use chemical weapons on his in the Office of the Inspector General. nity grapple with intersecting issues own people despite redlines drawn, en- I gave my colleagues a glimpse of this that aren’t wholly unique to this day joys Russian and Iranian support and problem in a speech on April 6 of last and age. Our national security has al- protection. year. I used the fifth and final report of ways been imperiled by foreign threats, In addition to its meddling in the Admiral Losey’s investigation to illu- from the Revolutionary War to two Middle East, Russia has invaded east- minate this problem. World Wars, and we previously faced a ern Ukraine and annexed Crimea. It That report was allegedly doctored seemingly unsurmountable debt burden routinely threatens NATO member by senior managers. Investigators were following World War II. states and has ramped up its use of allegedly ordered to change facts and The challenge seems to be, as it al- ‘‘active measures’’—a program of both remove evidence of suspected retalia- ways is in a democracy, that people of overt and covert action that leverages tion. different views differ on the sense of propaganda, cyber espionage, social Can my colleagues believe this? urgency on priorities and the means to media, and a sometimes gullible main- Mrs. Garrison even sent a letter that address both those threats and our fi- stream media both here and abroad—to cleared the admiral long before inves- nancial house in order to be able to pay influence and undermine public con- tigators had even completed the review for what it takes to keep America safe. fidence in the very foundation of our of the evidence. This was a very serious What is unique is the range and com- democracies, which are our free and error in judgment, giving the appear- plexity of the problems we face and fair elections. ance of impropriety. their scale. In the Pacific, China seeks to ad- Was this then a coverup to facilitate I am reminded of a sobering quote vance its regional dominance by mak- the admiral’s pending promotion? from the former Director of National ing claims to former sandbars and reefs

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.003 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2568 CONGRESSIONAL RECORD — SENATE April 27, 2017 that it has now built into strategic ‘‘Sustained global commitments and Of course, the next logical question military bases—complete with a 10,000 funding reductions have eroded our Air becomes this: If we do away with the foot runway—in the South China Sea. Force to the point where we have be- defense portions of the Budget Control Finally, as we learned more about come one of the smallest, oldest Act, how do we control overspending, yesterday at the White House in the equipped, and least ready forces across deficits, and unsustainable national briefing from the President’s national the full-spectrum of operations in our debt, which is a serious problem? security advisers, North Korea con- service history.’’ The Air Force cur- That brings me to my second point. tinues to develop and test its nuclear rently has 5,500 aircraft in its inven- A bipartisan Congress and the Trump and ballistic missile capabilities with tory. That is down from 8,600 since 1991. administration must address our budg- the threat of soon being able to com- The average aircraft in the U.S. Air et priorities by looking at and address- bine the two to threaten the conti- Force is 27 years old. For example, I ing all government spending, not just nental United States and wreak death was at Dyess Air Force Base in Abi- the 30 percent or so represented by dis- and destruction. lene, TX, just last week, viewing some cretionary spending. Right now, about Many before me have observed that of their B–1 bombers, which is a plane 70 percent of Federal spending isn’t American strength on the world stage first flown in 1974. even appropriated by the Congress. It is a deterrent and a stabilizing influ- Then, of course, there is the grandpa simply runs on autopilot, and it grew ence, while weakness is an invitation of our aircraft fleet, the B–52—that is last year at the rate of 5.5 percent, to our adversaries and inherently de- still in operation—first introduced in while discretionary spending has re- stabilizing. I think that proposition the 1950s. mained relatively flat. Until we have has never been more evident than it is The Air Force is also experiencing a the political courage on a bipartisan today. pilot shortage crisis due to the pres- basis to tackle our structural financial But to address these threats—to sure on the force, including quality of problems, we will never adequately life issues and, of course, increased de- maintain the peace and fight, if we fund the military or our other national mand and competition from the airline must—we need a capable, ready, and priorities. modern military force. But the truth is industry. We also need a bipartisan commit- So our military faces these internal we are not ready. While I believe Amer- ment to ending continuing resolutions issues as well. No one would argue that ica will always rise to the challenges and the self-destructive drama and nar- in order to keep the peace and to pro- once roused from our national compla- rative of potential government shut- tect our national vital interests, we cency, it makes a dangerous world even downs. must have a credible and modern force. more dangerous. Most importantly, perhaps, the De- But the hard truth is that we don’t cur- U.S. military readiness and mod- fense Department needs to be able to rently meet that standard, and we ernization—already under great stress plan, not just for the duration of the can’t afford to ignore the problems. and stretched thin around the world— So why, I ask, do we continue to do next continuing resolution, but it has suffered 15 years of continued oper- so? More importantly, the question is needs to be able to plan long term and ations and simultaneous budgetary re- this: Where do we go from here? How to spend the money that is appro- strictions and deferred maintenance can we assure that our military can priated to it in an efficient way. and investment. That has led to some maintain its competitive edge and en- The Chief of Staff of the Air Force, very real consequences for our mili- sure it is ready to meet these and fu- General Goldfein, captured the point tary. Let me just illustrate a few of ture challenges? I have a few sugges- well 2 months ago, when he said: those consequences. tions. ‘‘There is no enemy on the planet that According to General Walters, the First, we must fund our military to can do more to damage the United Assistant Commandant of the Marine meet the threat environment, not do States Air Force than us not getting a Corps, more than half of all Marine what we can to meet the threat envi- budget.’’ This sentiment is shared by Corps fixed- and rotary-wing aircraft ronment with what we funded for the all the service chiefs, and I whole- were unable to fly at the end of 2016. military. In other words, the threat heartedly agree. Let me say that again. That is a shock- should determine the resources nec- In a Department as big, as large, and ing statistic. More than half of the Ma- essary to meet that threat. So I would as unwieldy as the Department of De- rine Corps’ fixed- and rotary-wing air- suggest we should start by eliminating fense, there is no doubt that there is craft were unable to fly by the end of sequestration of Department of Defense room to streamline, improve effi- 2016. These aircraft are in constant op- funding under the 2011 Budget Control ciencies, and reduce duplication. We eration overseas and are absolutely Act. The truth is that the Budget Con- can all agree on that. But the truth is necessary to continue the fight against trol Act was never meant to cut mili- we need to take a hard, strategic look ISIS and terrorism, yet half of them tary spending. It was meant to spur ac- at our budgetary and fiscal needs are unable to take off. tion. Remember the supercommittee across the Federal Government. End- The Navy fleet currently stands at and the hoped-for grand bargain? In- less continuing resolutions aren’t the 275 of the 350 ship requirement. Law stead, the BCA took a meat ax to our answer. Continuing resolutions actu- mandates an inventory of 11 aircraft defense budget. Allowing the Budget ally limit an agency’s ability to be effi- carriers and has a stated force level Control Act to keep making automatic cient and flexible, and they prevent the goal of 12. But today, the Navy requires cuts to our military until 2021 does not establishment of new programs and the a waiver in order to operate just 10, serve the national security interests of retiring of the old and obsolete pro- currently. As we all know, these car- the United States. It does the opposite. grams. rier strike groups deploy worldwide, These cuts add risk not just to our na- At the end of the day, the only way and, as the Navy likes to say, they act tional security but also to our service- we can rein in spending, get a handle as ‘‘100,000 tons of diplomacy that members and their families—who, as I on our debt, and ensure our military doesn’t need a permission slip.’’ said, have been fighting the longest stays ready for the threats facing it Of our 58 Army brigade and combat war in our Nation’s history—and it every day is to clearly articulate our teams, only three are considered fully does so by undermining their training, country’s needs and how we plan to ready for combat. These are the main readiness, and modernization. meet them. That way, we can restore building blocks of the Army that sup- At a time when our growing national constitutional oversight responsibil- port the majority of Army operations, security threats require greater invest- ities to Congress. and only three are fully ready. Keep in ment in technology, we are tying the Finally, Congress has a tremendous mind, too, that our Army is smaller hands of our military and simply hop- opportunity, working with the Trump than at any time since before World ing for the best. So if we want to re- administration, to propose a strategy War II, as a result of draconian cuts in turn to a strong American military to modernize our military and prepare defense spending. after years of stress and inadequate for the next generation of warfighting. Finally, when it comes to our Air funding, we need to start with ending Both readiness and modernization have Force, General Wilson, the Air Force the Department of Defense sequestra- been encumbered by the lack of a co- Vice Chief of Staff, recently testified: tion. herent national security and foreign

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.005 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2569 policy strategy in recent years, in addi- tions process—our negotiations to keep that the middle class will not pay more tion to the blanket restrictions placed the government open. The President under the Trump tax plan. If, on one on defense spending. has backed off his threat to hold gov- sheet of paper, you can guarantee that Too frequently, modernization has ernment funding hostage over the wall corporations pay less and you can simply been pushed aside by myopic and over cutting healthcare funding for guarantee that the wealthiest Ameri- views of how to deal with our financial millions of Americans. This healthcare cans pay less but you can’t guarantee challenges, which place greater risk on funding is essential to ensuring that that hard-working, middle-class Amer- the warfighter and our collective secu- millions of Americans will not see icans pay less, you don’t have a good rity. You had better believe that, not their premiums skyrocket and that recipe for changing our Tax Code. And, hamstrung by redtape and regulations they will not be kicked off their plans. for the good of America, you are to go or continuing resolutions or deep cuts Make no mistake, we will watch the back to the drawing board. in defense spending or national secu- administration like a hawk to make This proposal falls short, far short of rity spending, our enemies take full ad- sure they follow through on their the mark in several ways: First and vantage of our reluctance to deal with promise to continue this funding. foremost, it mostly benefits the very our challenges on a bipartisan basis. We are very happy that they have wealthy. In the Trump tax plan, cor- All the while, the United States oper- seen the light that Democrats have porations and the very wealthy get a ates on platforms engineered decades tried to show them for weeks. Threat- huge tax break through lower rates and ago to fight the last generation’s wars. ening to hurt Americans for political the elimination of things like the es- I can’t think of a better example gain is a loser. tate tax. In fact, the proposal the than our nuclear weapons program. Much like the administration’s with- President put out yesterday is actually This is the preeminent deterrent to drawal of their demand for wall fund- even more of a giveaway on the estate war. Our country is the leading pioneer ing, which Democrats laid out a month tax than his proposal in his campaign. in science and technology, but instead ago as a condition for successful bipar- In the campaign, President Trump of modernizing our nuclear weapons to tisan negotiations on the appropria- promised to repeal the estate tax for provide a safe, reliable, and dependable tions bill, this decision brings us closer estates up to $10 million, retaining it deterrent, we, in effect, merely extend to a bipartisan agreement to fund the for the wealthiest of estates. This pro- the service life of outdated and ancient government and is good news for the posal would eliminate the tax com- weapons. American people. pletely, particularly on those Clearly, we need a coherent national The tendency of this administration multimillion- and even billion-dollar security strategy from President has been to go at it alone. What these estates. The result would be that the Trump and his Cabinet to do that. I negotiations show is that when the 5,200 wealthiest families in America know Congress is committed to work- Trump administration takes into ac- would each receive, on average, a $3 ing with them to make that happen. count the Democratic position and is million windfall, and many would re- By doing away with the Budget Con- willing to move in our direction, they ceive much, much more than that. trol Act, putting the Pentagon on a de- can make progress on issues as we have Also, because the Trump plan lowers pendable and predictable budget and on the appropriations bills. the tax rate on the so-called pass- developing a coherent national secu- On those appropriations bills, of through entities to 15 percent, wealthy rity strategy, we can maintain our sta- course, there are a few remaining businessmen, like President Trump, tus as the top military in the world. issues to be settled. The most vexing will be able to use passthrough entities Along the way, we can deter our en- are poison pill riders. We will not ac- to pay 15 percent in taxes while every- emies and reassure our allies. We don’t cept them, but I believe we are close to one else pays in the twenties and thir- need to rewrite the playbook. We need final agreement. Our side will continue ties. This has implications for some- to go back to the basics of government, to work in good faith to see that an thing we don’t need—the carried inter- providing for our national defense and agreement is reached to keep the gov- est loophole. President Trump prom- keeping our fiscal house in order, all in ernment open by tomorrow’s deadline. ised to get rid of this in his campaign. light of the challenges and threats I hope that this is something of a Instead of using the carried interest these times present. metaphor for the future, that the ad- loophole under the President’s bill, My hope is that we will get out of the ministration will not put together its Wall Street funds could file their taxes rut we have been in the Senate and in plan and say that bipartisanship means at a new passthrough rate of 15 per- the Congress for the last few years and you support our plan without any cent, which is even lower than the we will actually capitalize on this mo- Democratic consultation, input, and, present tax on carried interest. ment—and rally around a bipartisan more importantly, taking into account Ironically, the President’s tax plan commitment that a strong, modern, our values, which we believe are close would indeed get rid of the carried in- and ready military is really a nonnego- to where American values are—much terest loophole only by making it tiable item—to lay the foundation for a closer than some on the other side. lower than the present rate and mak- modern military that will continue to THE PRESIDENT’S TAX PLAN ing it permanent—a total, total rever- keep our Nation safe for generations. I Mr. President, yesterday the Presi- sal of what he pledged in his campaign. am committed to working with the ad- dent released—and this is not as good It all goes to show that those who ministration and all of my colleagues news, unfortunately—a one-page out- stand to benefit most from this pro- in order to accomplish these goals. line of his plan to change the U.S. Tax posal are folks like the President and Mr. President, I yield the floor. Code. Even from the very limited de- those at his level of wealth, while tens RECOGNITION OF THE MINORITY LEADER tails that were released, the Presi- of millions of American middle-class, The PRESIDING OFFICER. The dent’s priorities are clear: Give mas- working families are hurt and could Democratic leader is recognized. sive tax breaks to folks like himself— very well pay more. Mr. SCHUMER. Mr. President, I en- the very, very wealthy in America. This brings me to my second point, joyed hearing my friend and gym col- The top rate would come down; taxes which is that the Trump plan hurts league talking about defense. I agree that disproportionately affect the very middle-class and working Americans with him; we need a strong defense. I wealthy would go away, while middle- by eliminating their most popular and agree with him that deficits are an class and working families would be de- useful deductions. Take the elimi- enemy of getting the defense spending nied some of the most useful deduc- nation of the State and local tax de- that we need. I hope when we consider tions. This isn’t simply the Trump plan duction, for instance, which is used by tax cuts, we will hear that same view to lower taxes. It is the plan to lower so many middle-class families in my that we can’t go deeply into deficit. I the taxes of Trump and those with home State of New York. As it was appreciate my colleague’s great com- enormous wealth, similar to his. cited in the Syracuse Post Standard: ments. The prime beneficiaries of the Trump ‘‘The loss of the deduction will cost GOVERNMENT FUNDING BILL plan would be his Cabinet. Secretary New Yorkers an average of $4,500 per Mr. President, I wish to talk first Mnuchin, one of the architects of the year for those who file itemized re- about some good news: the appropria- plan, could not guarantee this morning turns, totaling about $68 billion per

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.006 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2570 CONGRESSIONAL RECORD — SENATE April 27, 2017 year that State residents will no longer icit, and then cut Social Security, Med- every campaign rally. In many ways, it be allowed to deduct from Federal re- icaid, and Medicare to make up the dif- summed up his ‘‘outsider’’ campaign. turns.’’ ference. Make no mistake about it—the Presi- I saw in Newsday this morning that a This plan will roundly be rejected by dent ran as a populist outsider, not as number of our Long Island Republican taxpayers of all stripes. The American a traditional, hard-right, conservative colleagues said they couldn’t be for people are once again learning that Republican. He challenged the estab- this. We hope they will stand up to what President Trump promised to lishments of both parties and pitched anything that gets rid of State and working America in his campaign and himself as a change agent, someone local deductibility because, let me re- what he is doing are totally at odds. who could shake up the status quo. peat, that is $4,500 a year that New TRUMPCARE ‘‘Drain the swamp’’ was his tag line. Yorkers would no longer be able to de- Mr. President, on TrumpCare, very We Democrats disagree with this duct on average—massive tax cuts for briefly—on the new version of President on many things, but we the very wealthy, crumbs at best for TrumpCare that may soon be headed agree with him that the very wealthy, everyone else. for a vote in the House, let’s not forget powerful special interests have far too Third, the Republican plan is steeped the reason that Americans were much power in Washington. Large cor- in hypocrisy. Even without filling in against the first version of TrumpCare. porations that have the resources to the details, Trump’s plan is already im- They are still in the second version. make unlimited, undisclosed campaign possible to pay for. The Committee for This version is worse, and there has contributions, that have resources to a Responsible Federal Budget esti- been a lot of focus on a few of the hire lobbyists on issue after issue, hold mates that Trump’s tax cuts will cost changes. far too much power in this Nation’s about $5.5 trillion over 10 years, as The fundamental nastiness of the Capital, and that structure has created much as $7 trillion. That is a huge TrumpCare proposal—raising the rates a system where the wealthy and power- amount of money in our economy. on people 50 to 65, 24 million people un- ful are advantaged in DC, while aver- CRFB projects that ‘‘no plausible covered, difficulty in covering pre- age, hard-working Americans have a amount of economic growth would be existing conditions—is still in this bill. much smaller voice. Draining the swamp would be a good able to pay for the tax plan.’’ The Re- In fact, it is even worse. The new thing, but unfortunately, despite the publican plan would explode the def- TrumpCare will allow States to decide many times he pledged radically to icit. whether insurers have to cover Ameri- change the power structure in Wash- For the last 8 years, all we heard cans with preexisting conditions. It is ington in the first 100 days, the Presi- from our Republican colleagues was hard to come up with a crueler bill dent has abandoned the mission. He that Obama was raising the deficit and than one that would have resulted in 24 filled his government with billionaires we needed to cut programs that benefit million fewer Americans with and bankers laden with conflicts of in- the poor and the middle class; cut the healthcare coverage, but this new terests. He has broken with the prac- entitlements, Social Security, Medi- TrumpCare manages to do it. It would tice of the Obama administration by hurt even more Americans and bring us care because of the deficit. All of a sud- ending the publishing of visitor logs to back to the days when an insurance den, now with a Republican President the White House, so the press and the company could deny you coverage ex- and a proposed tax cut for the wealthy, American people don’t know who has actly when you needed it most. we are hearing from the other side of the ear of the President and his top I say to the more moderate Repub- the aisle that deficits don’t matter. people. He has even granted waivers to licans in the House: If you didn’t like Our Republican colleagues certainly lobbyists to come work at the White the first version, you surely shouldn’t believe the admonition that ‘‘consist- House on the very same issues they like this version. Frankly, you will pay ency is the hobgoblin of little minds.’’ were just lobbying on, and he has kept a huge consequence in the 2018 elec- Fourth, the Trump tax plan would those waivers secret. explode the deficit and, thus, endanger tions if you vote for it. We hope you A President who truly wanted to Social Security and Medicare, which don’t vote for it because we know how drain the swamp wouldn’t have taken a may well be the nefarious, ultimate many people it would hurt. Even if it single one of those actions. What are goal of the hard right. passed the House, the chances for sur- the American people going to think? Sadly, I know it can happen. I have vival in the Senate are small. We don’t He campaigned on this and totally re- seen it before with the Bush tax cuts. even know if the new version would versed himself within the first 100 days. President Bush pushed a big tax break survive under the rules of reconcili- What are they going to think of him? for the wealthy. It blew a hole in the ation, the amendment to allow States It is no wonder his popularity ratings deficit and racked up debt, and then he to drop preexisting conditions. The ful- are low and sinking. and his Republican colleagues tried to crum of the new changes very possibly President Trump ran as a populist, pursue deep cuts to the social safety violates the Byrd rule and would be but at the 100-day mark, he hasn’t even net to balance the ledger. kicked down here and need 60 votes, tried to change the power structure in If Trump’s tax plan were to pass, you which they won’t get for such a nasty Washington and has in many ways can be sure, America, that a few years provision. rigged the government even more to down the line—maybe even not that to all those voting for it benefit corporate special interests. long—the deficit will be so large that in the House: It may well be a chimera, This is one of the biggest broken prom- our Republican colleagues will throw all to save face for the President in his ises he made to the working men and up their hands and say: We have no first hundred days. women of America. That is how we choice but to come after Social Secu- THE PRESIDENT’S FIRST ONE HUNDRED DAYS Democrats sum up the first 100 days— rity and Medicare and other important Finally, Mr. President, we are only a broken and unfulfilled promises to the programs for the middle class as a way few days from President Trump’s 100th working people of America. And when to address the deficit they created by day in office, and by all accounts, this it comes to draining the swamp, he has showering tax breaks on the very rich. has been a vastly different Presidency not done it. They will resume the cry they had in than was promised during his cam- One final point. The events yesterday the Obama years: Cut the deficit— paign. So far this week, we Democrats have further proven our point. The which seems to apply to the programs have highlighted how this President President promised one thing in his that help the middle class but never to has broken or not fulfilled promise campaign and is now doing another. On the ones that benefit the wealthy. after promise to the working men and his new healthcare proposal, he has Just from the bare-bones skeleton women of America. shown his hand: Promise something for the administration outlined yesterday, Today, I would like to focus on a par- the working people but deliver legisla- we can already surmise that this plan ticularly stunning reversal this Presi- tion that only helps the very wealthy. is not much more than a thinly veiled dent made in the first 100 days on one On his new tax plan, which still bene- ruse to give away trillions to the of the central pillars of his campaign: fits the rich: Promise the working peo- wealthiest among us, starve the gov- his promise to drain the swamp. Presi- ple; deliver for the wealthy. The Presi- ernment of resources, balloon the def- dent Trump repeated this phrase at dent has made our point better than we

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.008 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2571 could this week. After these two bills, ting cops on the streets. What we have sternum—a bilateral thoracotomy. This is his promises to working people are in in this country that is different from done with a tool called a Lebsche knife. It’s tatters. any other nation is loose and lax gun a metal rod with a sharp blade on the end I yield the floor. laws that allow for criminals and peo- that hooks under the breastbone. The PRESIDING OFFICER. The Sen- ple with serious mental illness to get The surgeon in this case is Dr. Gold- ator from Connecticut. their hands on weapons that are more berg. Mr. MURPHY. Mr. President, I thank powerful than those that are available Goldberg takes out a silver hammer. It the leader for his remarks, especially in other nations. That was the case in looks like—a hammer. She hits the top of a with respect to the new addition of the Sandy Hook, too—enormous destruc- Lebsche knife with the hammer until it cuts through the sternum. ‘‘You never forget that healthcare bill. It is a disaster for tion in a short amount of time. Americans. It is immoral. It doesn’t sound,’’ one of the Temple nurses told me. I want to talk a little bit today about ‘‘It’s like a tink, tink, tink. And it sounds work. It doesn’t address any of the two things—first, about the real scope like metal, but you know it’s bone. You problems that remain in the under- of this carnage, and second, about the know like when you see on television, when lying healthcare system. Hopefully the real story of gun owners. people are working on the railroad, ham- Senate can rise above it and work to- The President is going to go talk to mering the ties?’’ gether to do something better for the the NRA—a group that is increasingly ‘‘It’s just the worst,’’ one nurse told American people. wildly out of step with gun owners not the writer of this story. ‘‘They’re GUN VIOLENCE just in my State but across the coun- breaking bone. And everybody—every Mr. President, I rise today because try. body—has its own kind of quality. And tomorrow President Trump is going to First, I want to talk about this idea sometimes there’s a big guy you’ll become the first President in about 30 of carnage in America—the central hear, and it’s the echo—the sound that years to address the National Rifle As- focus of the President’s inaugural ad- comes out of the room. There’s some sociation. He will address the NRA to- dress. I commend to my colleagues an times when it doesn’t affect me, and morrow, and I thought it would be ap- article that appeared earlier this there are some times when it makes propriate to come down to the floor to week—maybe late last week—called my knees shake, when I know what’s talk a little bit about the epidemic of ‘‘What Bullets Do to Bodies.’’ going on in there.’’ gun violence in the context of this We don’t like to talk about that a lot The article goes on to talk about speech. because today the popular image of a what happens to those who survive. A lot of us were thrown off by the gun is almost divorced from its actual The price of survival is often lasting dis- tone of the President’s inaugural ad- function. People collect them. People ability. Some patients, often young guys, dress. It was very different from a lot buy them in order to convey a certain wind up carrying around colostomy bags the of inaugurals we have heard—not up- image or lifestyle. People certainly rest of their lives. lifting, really. There was much more of have weapons to protect themselves, They go to the bathroom through a a dark, dystopian picture of America, but very few Americans actually un- stoma, a hole in their abdomen. one that was frankly unfamiliar to a derstand what these guns are designed ‘‘They’re so angry,’’ Goldberg said. ‘‘They lot of us. Maybe the most memorable to do. They are designed to kill people. should be angry.’’ Some are paralyzed by line from the President’s inaugural ad- They are designed to gravely hurt peo- bullets that sever the spinal column. Some dress was that after describing this ple. In particular, the AR–15 and AR–15 lose limbs entirely. dystopia that he believed most persons variants are dedicated to killing people AR–15s are designed by the military lived in, he said: ‘‘This American car- as fast and as gruesomely as possible. in order to kill people even more nage stops right here and it stops right This article, ‘‘What Bullets Do to quickly so that you don’t ever have the now.’’ Bodies,’’ follows a trauma surgeon in chance of going to an emergency room. I wanted to come down to the floor Philadelphia. I want to read a few para- That is what happened at Sandy Hook. today to talk about that idea of Amer- graphs from this article. It says: What is remarkable is that not a single ican carnage, what it really is. I mean, The main thing that people get wrong one of those kids ever made it to a this is American carnage. It is 31,000 when they imagine being shot is that they trauma surgeon. All of those kids died Americans, mostly young men and think the bullet itself is the problem. The on the spot—20 of them. women, who die every year from gun- lump of metal lodged in the body. The ac- You sort of have to think about bul- shot wounds—2,600 a month, 86 a day. tion-movie hero is shot in the stomach; he lets like running fingers through the That is an enormous number. There is limps to a safe house; he takes off his shirt, water: When you run your fingers removes the bullet with a tweezer, and now no other country in the first world, in he is better. This is not trauma surgery. through the water, it causes ripples, it the industrialized world, that has num- Trauma surgery is about fixing the damage causes disruptions in the water around bers like this. They happen for a vari- the bullet causes as it rips through muscle them. Well, a bullet coming out of an ety of reasons. Two-thirds of those are and vessel and organ and bone. AR–15 rifle moves three times faster suicides. That is an epidemic in and of The bullet can stay in the body just fine. than a bullet coming out of a handgun. itself. A lot of them are homicides. A But the bleeding has to be contained, even if So just look what happens when you number are accidental shootings. But the patient is awake and screaming because run your hand through water. You run America has this problem uniquely. a tube has just been pushed into his chest it through at this speed versus running cavity through a deep incision without the There is no other industrialized com- aid of general anesthesia (no time; the pa- it through at that speed. The ripples petitor where this happens. That is the tient gets an injection of lidocaine). And if and the disruptions get bigger, right? face of American carnage. the heart has stopped, it must be restarted And they spread further. That is what President Trump is going to address before the brain dies from a lack of oxygen. happens when the bullet from an AR–15 the National Rifle Association tomor- It is not a gentle process. Some of the sur- enters the body of anyone, but it cer- row—an organization that is, frankly, geon’s tools look like things you’d buy at tainly does something different when it dedicated to continuing this real car- Home Depot. In especially serious cases, 70 enters the body of a 6-year-old. One nage that is happening in America. times just at Temple last year, the surgeons will crack a chest right there in the trauma trauma surgeon said that when it hits You can’t explain these numbers area. The technical name is a thoracotomy. bone, it likely will just turn it to dust. through mental illness. There is just as A patient comes in unconscious, maybe in If a bullet from an AR–15 hits the liver, much mental illness in all of our eco- cardiac arrest, and Goldberg has to get into well, this surgeon says that ‘‘the liver nomic competitors around the world. the cavity to see what is going on. With a looks like a Jell-o mold has been You can’t explain this through expo- scalpel, she makes an incision below the nip- dropped on the floor.’’ sure to violent content on TV or mov- ple and cuts 6 to 10 inches down the torso, I know some people think AR–15s are ies or video games. There are plenty through the skin, through the layer of fatty fun. They are fun to show off to your other countries that have rates that tissue, through the muscles. Into the open- friends. They are neat to fire. But that ing she inserts a rib-spreader, a large metal are much lower than this and the kids instrument with a hand crank. It pulls open is carnage. A little kid’s bones turning see that same content. You can’t ex- the ribs and locks them into place so the sur- to dust in the middle of a first grade plain this away by law enforcement. geons can reach the inner organs. Every so classroom is not sport; that is Amer- We spend an awful lot of money put- often, she may have to break the patient’s ican carnage. Do you know what? A lot

VerDate Sep 11 2014 04:02 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.009 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2572 CONGRESSIONAL RECORD — SENATE April 27, 2017 of gun owners get this. A lot of gun right—because he was a great basket- tention of playing by the rules. They owners understand that this has gotten ball player. He lived at the North End haven’t played by the rules all the way out of hand. YMCA. He devoted all of his energy to through. Last week, the Secretary of There was a poll that was conducted basketball. He wanted to be the next Defense, James Mattis, said Iran has just about 2 weeks ago of gun owners Michael Jordan. If you told him other- already been violating the embargo. across the country. Eighty percent of wise, he just did not want to hear it. He That is why I believe they have no in- them support requiring a background was committed to playing basketball tention of playing by the rules. check before you buy a gun. That is in college, but it was the other one The Secretary of Defense tells us pretty similar to the number you that got him. He died in the hallway of they are not playing by the rules now. would find when you ask gun owners his apartment complex when he was He said we have seen Iranian-supplied and nongun owners, but the gun owners shot in the head on Friday, March 17. missiles—our Secretary of Defense in my State were frankly just as He died on the streets of Hartford. He said: We have seen Iranian-supplied shocked and horrified at what hap- did not end up going to college to play missiles being fired into Saudi Arabia pened in that classroom at Sandy Hook basketball. He is just one of 2,600 a by the rebels in Yemen. Secretary of as my nongun owners were. month who die from guns, 31,000 a year, State Rex Tillerson was even more Gun owners in this country increas- 86 a day. clear. He said last week that Iran is ingly are not represented by the Na- A lot of gun owners in this country ‘‘the world’s leading state sponsor of tional Rifle Association, the group get that. They understand the flow of terrorism.’’ is going to go talk to illegal weapons into our streets. They He said that Iran is ‘‘responsible for this week, because the National Rifle understand there are some weapons out intensifying multiple conflicts’’—‘‘in- Association, which claims to be speak- there that are way too powerful that do tensifying the conflicts and under- ing for gun owners, opposes back- those terrible things to bodies when mining U.S. interests in countries such ground checks. They don’t want a sin- the bullet enters. as Syria, Yemen, Iraq, and Lebanon.’’ gle additional gun sale to go through a When Donald Trump talks to the Now, this is a direct result of President background check. They are just fine NRA, I hope he takes them on and asks Obama spending 8 years being strategi- with the fact that almost half of all why they refuse to stand up for policies cally patient. It is the result of sending guns sales in this country occur with- that will end this American carnage the signal that Iran would be rewarded out a background check, meaning that the President talked about in his for its bad behavior. criminals and people with serious men- speech and why they will not start ac- So let’s look at what happened last tal illness can get a gun so easily in tually representing the views of Amer- year when the Obama administration this country that they don’t even have ican gun owners. was bragging about the nuclear deal— to make much of an effort. I yield the floor. and they were high-fiving, bragging Eighty-six percent of gun owners in The PRESIDING OFFICER (Mr. SUL- about the deal. this poll support prohibiting anyone LIVAN). The Senator from Wyoming. Just when the deal went into effect, who is convicted of stalking or domes- FOREIGN POLICY President Obama arranged to send to tic abuse from buying a gun. The NRA Mr. BARRASSO. Mr. President, peo- Iran $1.7 billion in cash—$1.7 billion is opposes that. Eighty-five percent of ple around the country know the world an astonishingly large amount of gun owners support prohibiting those continues to be a very dangerous place. money. It is a million and a million who are on the Federal terror watch It became more dangerous over the and a million—it is 1,700 piles of $1 mil- list or no fly list from buying a gun. past 8 years. I believe that is particu- lion. Remember—try to visualize this. The NRA opposes that. larly related to what I saw as unwise You may remember the news reports Eighty-eight percent of gun owners and unsound policies by the Obama ad- about pallets of cash stacked up going believe you should have a permit to ministration, certainly when it comes to Iran. President Obama sent $400 mil- carry a concealed handgun in a public to foreign policy. lion as a downpayment. place. The NRA opposes that. So it is Every President’s foreign policy Within 24 hours, the Iranians agreed no secret that 67 percent of gun owners should secure America’s national inter- to release a group of Americans whom feel the NRA used to be an organiza- ests and demonstrate America’s leader- they had been holding hostage. The tion dedicated to gun safety, but it has ship around the world. That was not Obama White House said it was not a been overtaken by lobbyists. Fifty per- the case under President Obama. The ransom payment to free the hostages. cent of gun owners feel the NRA does last President and his team followed a The Obama administration actually not represent their interests. policy, what has been called strategic thought the American people were When President Trump goes to talk patience—strategic patience—when naive enough to believe it was just a to the NRA tomorrow, I hope he under- dealing with hostile countries all coincidence in timing. Well, you can stands they are not advocating for the around the world: Iran, North Korea. bet the Iranians did not believe it was views of gun owners in my State, they Any time there was a belligerent, ag- a coincidence because they actually are not advocating for the gun owners gressive, cunning dictator on the move, said it was not a coincidence. in most all of your States. They are a President Obama’s position was stra- The Iranians described the money as radical political organization. They tegic patience. It was a terrible ap- for the release of the hostages. We have to start answering for why they proach—a terrible approach for us in know from experience that the Ira- don’t square with the views of gun own- dealing with reckless regimes. nians see hostage-taking as a valid way ers. I always thought President Obama of conducting their own foreign policy. Finally, here is a story of American was completely focused on signing a Right now, North Korea also has taken carnage. Keon Huff, Jr., was 15 years nuclear deal with Iran, not because it hostages—three American hostages old when he was shot on March 17 of actually was a great deal but maybe written about today in the papers. this year in Hartford, CT. Here is what because it might reflect well on his leg- We know from experience the Ira- Keon said to one of his mentors in the acy. I thought he wanted a deal so nians see hostage-taking as a valid way North End of Hartford. He said: ‘‘I’m badly that he ended up getting a deal to conduct foreign policy, and they either going to go on to college and that was a bad deal. Well, as part of the have also gotten the message, at least play basketball or I’m going to die on deal, the former President accepted from the previous administration, that the streets.’’ Iranian demands—and he accepted all it can be a very profitable policy as Can you imagine there are kids who of them—to lift an arms embargo that well. President Obama played right think that in this country? Can you the United Nations had put into place. into their hands. There is something imagine there are kids in this country This was an embargo that said that else President Obama did that we just who think their choices are to go play Iran was not supposed to be selling learned about, and that is why I want- basketball in college or die on the weapons to other countries. The em- ed to speak about this today. streets of Connecticut? Most Ameri- bargo was going to disappear in 5 Politico had a major expose on Mon- cans cannot imagine a little kid saying years, whether Iran complied with it or day of this week. The headline was: that, but Keon thought that. He was not. We already know Iran has no in- ‘‘Obama’s hidden Iran deal giveaway’’—

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.010 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2573 the ‘‘hidden deal giveaway.’’ Around but there is new urgency as we see the except maybe his colleague, MIKE ENZI, the same time President Obama was increasing capacity of North Korea who is also from Wyoming. sending cash to Iran, he also released now with their rockets not just pro- I come to the floor not to talk about seven Iranians who had been arrested pelled with liquid fuel but now with these issues but to talk about others. I by the United States. The President solid fuel that allows for quicker feel compelled to respond to some of downplayed the crimes these individ- launches. The launch vehicles are no what he said. uals had committed. He said it was a longer on wheels limited to the roads There’s no need for Senator BAR- ‘‘one-time gesture’’ to help grease the in North Korea, they are now on tracks RASSO to remain. So don’t feel as skids for his Iran deal. and they can go anywhere. though you have to, but thank you just Now, according to the documents ob- North Korea has increased their nu- the same. tained by Politico, the Obama adminis- clear capacity as well as their missile Mr. President, a little background: tration also dropped charges and inter- deliverability, and they are working on As the Presiding Officer knows, having national arrest warrants against 14 intercontinental ballistic missiles that spent some time in the military—’06, other individuals. Some of them were can hit the United States. That is why the Marine Corps; the Navy salutes the wanted for serious threats to our own we were at the White House yesterday Marine Corps. I am a retired Navy cap- American national security. One man for this secure briefing. That is why it tain, three tours in Southeast Asia in was charged with trying to buy thou- is so critical that we focus on North the Vietnam war. I served as a P–3 air- sands of assault weapons—thousands of Korea and we have a President who is craft mission commander right at the assault weapons—and send them to focused on a peaceful resolution but is end of the Cold War. The month I Iran. not afraid to use force, as we have seen stepped down as a Navy captain, I led a Another was charged with conspiring in Syria and in Afghanistan, because if congressional delegation back into to get from Iran thousands of pieces of you want to use deterrence, you have Vietnam. Six of us—Democrats, Repub- equipment with nuclear applications. to have a capacity—which we have had licans—went at the behest of former The scheme included hundreds of U.S.- in the United States, which is incred- President George Herbert Walker made sensors for uranium enrichment ible—through the Presidents over the Bush’s administration to find out what centrifuges in Iran. Centrifuges were a years. You have to have a commitment happened to thousands of MIAs to see big reason we were concerned about to use that capacity, and we have seen if we could get information about them Iran’s nuclear program in the first from President Trump a commitment and to provide that information to place. Yet, according to President to use that capacity in Syria, in Af- their families for closure. That was the Obama, this doesn’t seem to be a prob- ghanistan. You have to communicate a beginning of an effort in the House, lem. mirrored by the one over here led by According to the article that came willingness to use that capacity, as JOHN MCCAIN and John Kerry, to move out Monday, ‘‘As far back as the fall of President Trump is doing today. Last week, Vice President PENCE us toward normalized relations to see if 2014, Obama administration officials the Vietnamese would cooperate with began slow-walking some significant traveled to the demilitarized zone be- us in providing information that we investigations and prosecutions of Ira- tween South Korea and North Korea. wanted and the families wanted and de- nian procurement networks operating He said very clearly that when it comes to North Korea’s nuclear weap- serve. right here within the United States.’’ In fact, a year ago, I learned, along As one expert told Politico, ‘‘This is ons program, ‘‘the era of strategic pa- with President Obama, that we are a scandal.’’ She said: ‘‘It’s stunning and tience is over.’’ there to kind of close the circle on our hard to understand why we would do North Korea has been allowed to get relationship with Vietnam, which has this.’’ Republicans in Congress warned away with too much for too long. It changed a lot over the last 30 years. In- about this kind of thing from the very continues to test nuclear weapons. It beginning. President Obama was so in- continues to test missiles. It continues terestingly enough, we are Vietnam’s terested in getting a deal that he got to use hostages as a way of getting best trading partner, and they are a one that in my opinion, has been very what it wants from other countries. very good trading partner to us. When we were there, they announced bad for the United States—not just for Over the weekend, we learned that they were going to buy something like the United States, bad for the world be- North Korea arrested an American pro- $10, $12, $14 billion worth of our air- cause Iran with a nuclear weapon fessor who was in that country. North makes the world less safe, less secure, Korea, like Iran, has a history of tak- craft—not fighter aircraft, not military and less stable. ing hostages and using them as lever- aircraft, but civilian aircraft from, I President Obama has this as part of age to get what it wants. We now know believe, Boeing. his legacy, but I will tell you strategic three Americans are being held in I learned about some polling data. patience has failed. Secretary of State North Korea. They had taken two polls, two surveys Tillerson said so last week, and I agree The leadership of countries like Iran of the Vietnamese people early last with him completely. I am glad to hear and North Korea need to understand year, and the question asked of Viet- our top diplomat recognized this, and I that this kind of action will not suc- namese people was: How do you feel am glad to see the Trump administra- ceed. about other countries, the people from tion doing a comprehensive review of No one wants a fight with Iran. No other countries? How do you feel about the Iran nuclear agreement. one wants a fight with North Korea. the Chinese, the Russians, Filipinos, The last President put international The way to avoid the fight is to show Malaysians, Indians, Pakistanis, Amer- opinion first when it came to foreign that there is a limit to the patience of icans, and others? How do you feel policy. We see this all around the civilized countries of the world, which about them? In one survey, 85 percent world. This President, President is why the age of strategic patience is of the Vietnamese people said they had Trump, is showing that we will put now in the past. favorable opinions toward America and America’s interests first. It is not just There is new leadership with negotia- Americans—85 percent, the highest of Iran where we have the problem. I was tion, deterrence, and, as a final option, any other nation surveyed. Another recently in Asia over the break, along the use of force, if necessary, which has survey said: No, no, 95 percent of Viet- with a group of Senators. We went to not been the case in the last 8 years, namese have favorable opinions of the Tokyo, we went to Beijing to meet where the use of force, the message United States, which is higher than with the leaders in China. We went sent by that administration was: We their opinions of any other nation. around that region. We met with the have no commitment to use the capac- The reason I mention Vietnam—they Premier of China, who is the No. 2 per- ity which the United States has. were a bitter enemy of this country. son in China, and we met with the No. Mr. President, I yield the floor. The names of 55,000 men and women 3 and the No. 4 to talk specifically The PRESIDING OFFICER. The Sen- with whom I served in Southeast Asia about the problems of North Korea and ator from Delaware. are on a wall just down 2 miles from the region. Mr. CARPER. Mr. President, there is here, down by the Lincoln Memorial. For a long time, North Korea has probably nobody in the Senate I admire While we were bitter enemies, we re- been called the land of lousy options, more than the Senator from Wyoming, solved those differences in the 1990s.

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.012 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2574 CONGRESSIONAL RECORD — SENATE April 27, 2017 We are now close trading partners. We and developing nuclear weapons. If tell you that there are some places on don’t agree with them on every single they do, then we are going to impose the border where a wall makes some thing, but they like us a lot. We have these really stringent sanctions on sense, and there are frankly a lot of much more of a relationship than we them, shut down their economy—dou- places where it doesn’t, including have ever had in the past, and it is a ble-digit rates of inflation, economy in where you have hundreds of miles of much better economic relationship the tank. Finally, they said: OK, uncle. river where it doesn’t make any sense. than we have ever had in the past. We will agree to this agreement. Also, I have heard from folks from The reason I mention Vietnam is Since then, the Iranians have done Yuma down there, where the Border that there are some corollaries here what the Vietnamese did a year ago; Patrol told me—where they had an with Iran. In 1978, that was when some they have a more abundant civilian air area where they had some wall. I think will recall—the pages are too young to fleet. Their civilian aircraft are old, de- the wall was maybe 15 feet high, and remember this. But in 1978, Iranians, crepit, and they need new ones. They they kept finding like 18-, 19-foot lad- led by their religious leader, captured, are doing what the Vietnamese have al- ders on the other side of the wall, took control of the U.S. Embassy in ready done: buying a lot of American- where people would come up with a lad- Tehran. They held our folks for a year made aircraft, passenger aircraft by der to the wall and go over and above or two as part of their cultural revolu- Boeing. We are not talking about just a the wall. So you can go over a wall. tion or religious revolution. couple billion dollars’ worth but cer- You can even go over a high wall with When they did that, do you know tainly more than $10 billion worth. a ladder that is high enough. A lot of what we did? We seized a lot of their I think they have already taken or- that has been done. assets in this country, in other coun- ders on one and have made one of the You can go under a wall, tunnel tries as best we could. And that was very first ones, and there is more to under. A lot of people tried to get out not just a couple of dollars, not just a come. I think they are also going to of Mexico into the United States by couple million dollars; it was hundreds buy a bunch of airbuses. I think more tunneling under the wall. of millions of dollars, and, man, maybe than half of the airbuses have compo- As it turns out, walls in some places even more. Maybe it was even billions nents made in America, and that is an- make sense. Fences in some places of dollars. other boost to our economy. make sense. Boats in some places, like We held those assets, and we kept the I don’t remember who said it, but a on the river that happens to be our bor- Iranians from reclaiming those assets Chinese military leader once said: The der, the Rio Grande border with Mex- for, gosh, over 30 years—maybe close to greatest victory of all is the one that ico—boats make sense. Sometimes fast 40 years. They have litigated in court. we win without firing a shot. That is boats, really fast boats make sense. They say that they feel they should what he said: The greatest victory of Sometimes it makes sense to build a have access to what is theirs, what was all is the one we win without firing a ramp so you can get boats into the shot. theirs. water in different places. Sometimes it Well, for a Navy guy who has seen We are told by lawyers—I am not a makes sense to build a road on our side some time in a combat area and the lawyer—but we are told by some pretty Presiding Officer, who knows a little of the border to give us mobility. smart lawyers on our side and others bit about this stuff as well—I think he Sometimes it makes sense to put sur- that they had a very good chance of probably agrees with me that if you veillance equipment in drones. Some- getting all that and more in court if we can win one without shooting anybody times it makes sense to put surveil- didn’t settle. or getting anybody killed, I think that lance equipment in helicopters. Some- What we did, at the end of the day, is worth doing. times it makes sense to put surveil- when the Iranians agreed to the Joint The other thing I would say is, that lance equipment in fixed-wing aircraft Comprehensive Plan of Action agree- doesn’t mean we just trust Iran that and also not just binoculars to try to ment, which was reached with not just they are going to do what they said find people. the United States but with the Ger- they are going to do in the deal. There There is something called VADER. It mans, the French, the Brits, the Chi- is an agency—I think it is called the is an acronym for Vehicle and Dis- nese, and the Russians—the idea was to International Atomic Energy Agency. mount Exploitation Radar, to find peo- make sure that Iran didn’t have a They are all over them in terms of ple. It is very highly sophisticated sur- quick path, a fast track to continuing monitoring the deal and making sure veillance equipment to go on our their development of nuclear weapons. that what the Iranians agreed to do, drones, go on our helicopters, and go They were clearly wanting to do it, and they actually do. What is it, trust but on our fixed-wing aircraft. we wanted them not to do that. verify? That is really what the Iranian What is so special about this? It can So we ended up negotiating this deal is all about: trust but verify. We see at night. It allows us to see dozens agreement. Part of the agreement was will see how it all works out. of miles into Mexico at night—through to settle these claims from almost 40 Color me hopeful. A lot of times fog, through rain. We have a system years ago, financial claims, valuable when we vote on stuff, we vote our and if we need to, rather than just send assets that we basically seized and re- hopes as opposed to our fears. Some- out aircraft or drones or whatever fused to return. times we vote our fears, as opposed to without that kind of surveillance It turns out, we have to mention how our hopes. On the Iran deal, I voted my equipment, let’s put the surveillance highly the Vietnamese people think of hopes. We will see how it goes, and I equipment on it. That makes far more us today. As it turns out, Vietnam is a am hopeful. sense than building a 2,000-mile wall. very young country, very young. So is BORDER WALL Other things that make sense are Iran. Mr. President, that is not why I came surveillance towers. We have to go 100 Iran has about 80 million people. In to the floor. There is a lot of talk feet up in the air, 200, 300 feet. Some of Iran, the majority of the people are about a wall. I heard a song by Pink them are mobile. Some of them are under the age of 25. They like this Floyd the other day: ‘‘All in all it was stationary. We have motion detectors. country a lot, but they have people just a brick in the wall.’’ In some places, that makes a lot of over there who are more in line with The President wants us to build a sense. the old regime, who don’t like us. The wall on our southern border with Mex- There is no shortage of ideas that Revolutionary Guard, some of the mili- ico. It is about 2,000 miles between the make sense. What I like to do to try to tary leadership—they don’t like us. Pacific Ocean and the Gulf Coast. I figure out what to do is I ask people They have newly elected leadership have been down there any number of like the Border Patrol: What do you from 4 years ago, President Rouhani, times as the chairman of the Homeland think makes sense? And what they Foreign Minister Zarif, and others who, Security Committee and still as the pretty much say is an ‘‘all of the frankly, want to be able to work with senior Democrat on the Homeland Se- above’’ approach. us, if they can. They are willing to curity Committee. The ranking mem- We have an ‘‘all of the above’’ ap- agree to what I think is a very harsh ber is CLAIRE MCCASKILL of Missouri. proach in energy. If we are smart about agreement to ensure that they don’t I have not been on every square mile securing our border with Mexico, I move forward on developing weapons of the border with Mexico, but I can think we have gotten smarter as we

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.014 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2575 have gone on. We certainly have a lot said: Not on my watch. This is not keep us out. The Trans-Pacific Part- more people down there than we had going to happen on my watch. They nership renegotiated NAFTA, not just before that. We have 20,000 people, our came up with Plan Colombia in order for poultry but for a variety of other men and women in the Border Patrol. to make sure this didn’t happen. Presi- commodities we want to sell. They work hard and do a good job. dent Clinton and a guy named Joe So my friendly advice to the Presi- It is an ‘‘all of the above’’ approach. Biden, who was chairman of the For- dent is, before he goes ahead and pulls So I wanted to get that off my chest. eign Relations Committee, led an ef- out of NAFTA, why doesn’t he and the Does it make sense to spend $25 bil- fort to—not for us to fully fund Plan administration take a closer look at lion to build a wall that we may need Colombia, but they basically said: This what we renegotiated in the Trans-Pa- less than 100 miles? Probably not. Ab- is on you. You can do it like at Home cific Partnership when we renegotiated solutely not. Depot. You can do it. We can help. NAFTA. I think we will find a lot of The people who are coming across They did the heavy lifting. They did what we need to do, want to do, and our border with Mexico are not Mexi- most of the raising of revenues, and we what we can agree to do. cans. They used to be. There are more played our role. We continued to play HEALTHCARE Mexicans going back into Mexico from our role for 20 years and Colombia is a Mr. President, I want to talk about the United States than are coming into different place today. healthcare reform. The Republicans the United States from Mexico. The The same thing can happen to these came up with a really good idea in 1993. places where a lot of illegal immigra- three countries down here. It was introduced by John Chafee, the tion is coming from are three coun- was playing a significant role as Vice Senator from Rhode Island, and co- tries: Honduras, Guatemala, and El President. I was helpful, as was Jeh sponsored by 23 Senators. It was an al- Salvador. Honduras, Guatemala, and El Johnson, former Secretary of Home- ternative plan to HillaryCare in 1993. Salvador. land Security, and others as well. The Republicans got the ideas from the Here is why they come. It is because These folks, along with these three Heritage Foundation, and they turned they live lives of desperation. They live countries, came up with something out to be good ideas. lives without economic hope, economic they called the Alliance for Prosperity. One provision they included was that opportunity, murder, mayhem, some of It is really like Plan Colombia—find every State would have an exchange. If the highest murder rates in the world. out what works, do more of that. Plan people couldn’t get healthcare, they I think El Salvador—I don’t know if we Colombia worked, and they are trying could buy their healthcare coverage as have the numbers here. They have a an approach like this down here. The a part of a large purchasing pool called number of different routes they take idea is to restore the rule of law, to an exchange. The Republican idea from from the three countries of Honduras, focus on infrastructure, to focus on Chafee and others not only had ex- Guatemala, and El Salvador, mostly making good government work and be changes but had sliding-scale tax cred- coming into the United States right effective, to really tamp down on the its for buying down the healthcare for here. They don’t so much go over to El corruption they have there, the ob- lower income folks to buy down the Paso. They certainly don’t head over struction that goes on with small busi- cost of coverage for lower income peo- here on land to get in on the western nesses. The idea is to create a safer, ple. When their income reached a cer- side of our border. Some try to come by better place. Most people don’t want to tain level, the tax credit went away. air, but mostly they come by—it used leave here. I talked to plenty of them. That was in 1993, the alternative plan to be by train, now mostly it is by They want to stay there. Some of them to HillaryCare, with the individual land, and they are dangerous missions. want to come up here and work but mandate. Basically, many folks had to The reason they come is because there then go home. This is their country, be covered, and there would be a fine if is not much hope there. and they love their country, like we they didn’t get coverage. We can’t Frankly, the reason there is not love ours. make people get coverage, but the idea much hope there, in part, is because of Finally, as we have been joined on was to get people to get coverage. us. There used to be a comic strip the floor by one of my colleagues, I ask The employer mandate was the called ‘‘Pogo.’’ The Presiding Officer him to allow me just maybe another fourth concept. The fourth concept said remembers ‘‘Pogo.’’ One of the lines minute or two. employers of a certain size—I think it from ‘‘Pogo’’ is, ‘‘I found the enemy, NAFTA was employers with 50 to 100 employ- and it is me.’’ Mr. President, there has been talk ees—were to provide healthcare to We are the enemy. The chairman of about NAFTA. There has been talk— their employees. the Homeland Security Committee said and I don’t know if these are alter- The last piece was that insurance many times, the root cause of what is native facts coming out of the White companies could not deny coverage to going on down there is our addiction to House or what—that the President is people because of preexisting condi- drugs in this country. The drugs are going to pull out of NAFTA. tions. That was the 1993 proposal, cour- trafficked through here, they come I would just state this. I met with tesy of the Heritage Foundation. into the United States, are sold, and Robert Lighthizer, who is going to be When Mitt Romney was Governor of the money from the drugs goes back our Trade Rep—and I understand that Massachusetts, he took that game there along with guns. When we deport he will be a good one. He will succeed plan, lock, stock, and barrel, and estab- the bad guys, what do we do? We take Michael Froman, who was an excellent lished RomneyCare and it worked out the bad guys who were selling the Trade Rep for a number of years. When pretty well. When we did the Afford- drugs, and we put them right back I met with Mr. Lighthizer in my office able Care Act, we took RomneyCare down here. It is a toxic mix of guns, a couple of months ago, he talked and built on that. weapons, and bad guys. They make life about renegotiating NAFTA. When we I will close with this. The piece that down here miserable for people. negotiated the Trans-Pacific Partner- needs to be fixed and repaired, not re- As it turns out, Colombia, a few ship with 11 other countries around the pealed but fixed, out of the original Re- years ago, was a miserable place to live world—40 percent of the world’s mar- publican idea is the idea that the insur- too. One time, about 20 years ago, a kets—we did that over the last couple ance companies need a stable insurance bunch of gunmen in Colombia rounded of years, we were renegotiating pool of healthy people, not just old peo- up the supreme court justices of the NAFTA. We fixed a lot of things in ple and sick people but healthy people Colombian supreme court, took them NAFTA that needed to be fixed, not and younger people as well. There are into a room and shot them to death— just in the Mexico part of NAFTA but some ways we can fix that. It is one of shot them to death. also Canada. the fixes we need to make. It isn’t all There was a time when the FARC, One of the things that needed to be that hard. It isn’t all that hard, and I the rebel groups, the leftist groups, and fixed was in our top market—we raise a will talk about that some other day. the drug gangs were trying to take lot of chickens in Georgia, Delaware, I appreciate my friend from one of down the Government of Colombia, and Maryland, Virginia, and other places. those Dakotas—South Dakota—for it looked like they could. And some Our top market for poultry is Mexico. being patient and waiting. Thank you. great people in Colombia stood up and Canada doesn’t buy our chickens. They I yield the floor.

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.015 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2576 CONGRESSIONAL RECORD — SENATE April 27, 2017 The PRESIDING OFFICER. The Sen- cess we are beginning to have in just tions at $1.9 trillion than we as tax- ator from South Dakota. the first 3 months that President payers pay in personal income taxes on Mr. ROUNDS. Thank you, Mr. Presi- Trump has taken office. We have been April 15. On April 15, we pay about $1.4 dent. successful in undoing a number of the trillion in personal income taxes, and My colleague and friend, the Senator regulatory hurdles that have been hin- yet we pay $1.9 trillion—one-half tril- from Delaware, is also a former Gov- dering job growth and prosperity in the lion more in the costs of regulations. ernor, and it is always enjoyable to lis- United States. No other country in the world even ten to the experiences and clearly the It has been 3 months now since the comes close to this sort of unhealthy, understanding about a number of the President took office, with a Repub- costly regulatory environment. It is issues we have in common in terms of lican-led Congress in place ready to putting us at a competitive disadvan- things that concern us. help him advance policies that grow tage in the international arena. While I remember back in 1993, as well our economy and allow hard-working there has been a lot of focus this week when we were looking at healthcare re- Americans to keep more of their pay- on reforming our tax policy to get us form in South Dakota, we actually, in check each month. back to the level of global competitive- our process, adopted the vast majority We are going to be talking a lot ness that we need, we must not lose of what was considered to be the rec- about tax reform, but we shouldn’t for- sight of the need to reform our regu- ommendations from the National Asso- get about regulatory reform as well. latory environment to one that invites ciation of Insurance Commissioners— One of the items with tax reform, growth and innovation. Both are need- guaranteed renewability of policies, some folks actually suggested a tax on ed. We have to reform our tax policy, guaranteed to be able to move from one items being brought into the United and we absolutely have to reform our group insurance product to another States—a border adjustment tax. One group insurance product, a minimum regulatory policies. of the reasons for that was they Already in the first 3 months that amount of premium versus maximum thought we would be buying more President Trump has been in office, we amount of premium by any carrier in American goods if we made those goods have made progress in stopping harm- any single group of policies in one plan. from other countries more expensive ful regulations from taking effect. Those provisions actually worked for by putting a tax on them, which would Under the Congressional Review Act, us for a period up until 2009, when be passed on to the consumers. I think the Senate has passed 13 resolutions so ObamaCare became the law of the land, far this year to undo Obama-era regu- and at that point we suffered through that is the wrong approach. What we should be doing is allowing the same problems most of the rest of lations. The Congressional Review Act our consumers the availability of a less America is suffering through right allows us to disapprove certain regula- expensive American product, and the now. tions that basically were approved by But there are some things that really way you do that is we allow manufac- the administration or created by the do bind us together, and one of them is turers in the United States to become administration over the last 6 months. trying to make and produce the best more competitive. We do that by reduc- The reason we are able to do it is be- healthcare products for the citizens ing their input costs, including a regu- cause we can do it with just a majority within our different States that we latory impact that is huge. vote. It is a privileged motion in the possibly can. I think in the U.S. Senate We believe we should be creating an U.S. Senate. It is a majority vote in there are enough of us who truly be- atmosphere in the United States for the House and takes a majority vote in lieve we can fix, repeal, replace products to be produced at a cost that the Senate. It doesn’t require 60 votes, ObamaCare. I think Democrats would is less in the first place. We shouldn’t so we are actually able to, with a ma- like to say we are going to fix it. I have to increase the cost of other peo- jority vote, undo these regulations think Republicans recognize that we ple’s products coming into the United that were going to be imposed on the are probably going to do more of a States. We should be making it less ex- American public over the last 6 startover because the basic concept of pensive for our producers to compete months. I think that is a step in the ObamaCare, which was moving more with them. The way we accomplish right direction. This is a program and more into a single-payer system, this, first and foremost, is by reducing which in the past has been used only will not work. the regulatory environment in Amer- one time since it was created in the For those of us who believe in the ica, which is way too intrusive, dupli- 1990s. We have done it 13 times in just free market, what we want to do is cative, and overreaching. these first 3 months. The Congressional take away the regulations at the Fed- If anyone is wondering how bad the Review Act, or CRA, is truly an impor- eral level, give them back to the regulatory environment is in the tant oversight tool that allows Con- States, and allow the States to actu- United States today, well, regulations gress to undo Federal regulations ally experiment and make a more com- cost the American people $1.9 trillion issued by unelected bureaucrats at petitive healthcare product. That al- annually, the bulk of which is handed Federal agencies by this simple major- lows for businesses to be able to insure down to consumers. Businesses don’t ity vote. more individuals to help pay for their absorb it, they pass it on. For example, we have been able to re- costs. It also means, then, you can ac- How are the consumers paying for it? verse the Obama administration’s edu- tually get more individuals to receive Through higher prices on products and cation mandate which would have im- the benefits of private healthcare rath- goods produced in the United States. If posed Federal education standards to er than being responsible for or at least you are wondering why it is such a big assess schools at the State and level expecting that the Federal Government deal, it is because we want our manu- local. We think that should be done at is going to subsidize with Federal tax- facturers, our producers, and our busi- the State and local level. payer money their healthcare costs. I nesses in the United States to be able We also stopped an Obama regulation think that is part of what we need to to compete with our competitors over- that would have imposed burdensome be concerned with here today. seas, the ones that don’t have the crip- new restrictions on internet service REGULATORY REFORM pling regulatory environment we have providers that would do nothing to in- Mr. President, we all want a strong here at home. Right now, our busi- crease privacy protections for con- economy. We want more jobs being nesses and job creators are crippled by sumers. If you follow some of the mis- made available. One of the reasons I Federal regulations that limit their information that has been put out am here on the floor today is to talk ability to expand and grow, to create there, some people have suggested that about not just the healthcare regula- more job opportunities, and pay higher we were taking away privacy that had tions that impact the ability of em- wages. been put in place by the last adminis- ployers to hire employees, but we If the $1.9 trillion we spend annually tration. Not true. Actually, what hap- should also be talking about the regu- on regulations were a country, it would pened was that the courts had already latory environment in the United be the 10th largest economy in the stopped these provisions before they States. world, about the size of India or Rus- were ever put into effect. That is what I really want to talk sia’s economy. Get this. We pay more So, for the people who like the policy about today, is this tremendous suc- as consumers for the cost of regula- protections that are in place today,

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.017 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2577 they are still there. This was a new enjoy the services that economy sup- ary 18, and the Obama administration regulation that they were going to im- ports. was over at noon on January 20. pose that took an entirely different ap- It is time to take a second look at They handed down a record-breaking proach to managing privacy. We were regulations. It is time for the United 600 major new regulations that imposed able to stop it. We have told the agen- States to be a leader again and for the more than $700 billion in costs on our cies to go back, to start over again, American people to have the ability to economy. Senator ROUNDS just men- and to start following a similar course have influence on the laws that are tioned the estimated total annual com- of action to what was already in place being created. Those laws should be pliance costs for regulations of $1.9 bil- and that people already liked. voted on by their elected representa- lion—almost $2 trillion. Imagine. If The savings that come from undoing tives, not imposed on them by half of those regulations are either du- these and other regulations that we unelected Washington bureaucrats. plicative or unnecessary, talk about a have stopped under the Congressional I yield the floor. stimulus, if somehow we go back and Review Act, combined with the Presi- The PRESIDING OFFICER (Mr. KEN- figure out how to eliminate the half dent’s Executive actions and rule NEDY). The Senator from Missouri. that does not need to be done so one delays, will save Americans, approxi- Mr. BLUNT. Mr. President, I want to can really focus on the half that needs mately, 52 million hours of paperwork follow up on the remarks that have to be done. I am for every regulation annually and, if you accumulate what just been made by our friend from that we absolutely have to have, but I the costs are over an extended period of South Dakota. am not for regulations that we do not time, over $65 billion in regulatory During his first 100 days in office, absolutely have to have. compliance costs. To the President’s President Trump has wasted no time in What is worse is that the completely credit, he has also been busy using the fulfilling one of his key promises and unnecessary aim of these regulations is tools he has available in order to undo one of those promises that is hard to frankly the amount of effort some of burdensome regulations that are crip- appreciate because, if bad things do not them require. There is a $12.3 billion regulation on pling growth. happen to you, it is hard to realize efficiency standards for central air The new administration put a halt to they did not happen. Yet there were conditioners. Now, one has to find a lot the overreaching waters of the United many bad things in store for the Amer- of efficiency to find $12.3 billion in sav- States—or WOTUS—rule, requiring the ican people and frankly a lot of bad ings. That is a lot of efficiency. There Environmental Protection Agency and things that have happened through the is a $4.4 billion regulation that sets the Army Corps of Engineers to review very kinds of regulations, over the last standards for ceiling fans. I like ceiling the WOTUS rule in order to make cer- years, that Senator ROUNDS was talk- fans as much as the next person, but tain it promotes economic growth and ing about. when you add $4.4 billion to standards, minimizes regulatory uncertainty. I Over the last 8 years, any time I had that has to be paid for by somebody would suspect that this time around, been traveling in Missouri, one of the top-of-mind issues with group after just like the $3.6 billion in regulations rather than the last time around, they of the control of commercial vehicle will actually be required to use sound group had always been a different and more troublesome and more burden- operators. science in making those determina- What the regulators so often do not some recent regulation by the Federal tions. seem to understand is that ultimately Government. I had heard about It also stopped the Obama adminis- the consumers have to pay for the healthcare, but often I had heard about tration’s costly Clean Power Plan, costs of these regulations. The cost of which would have required States to healthcare with regard to the irra- regulations is not really a reflection of completely rework their electric grids tional regulations that were being put the government’s cost of being the reg- and would have led to dramatically out as part of the bill, and I had heard ulator, it is the economic cost of hav- higher electricity bills for every single about taxes. Yet I would say that the ing the regulations. American in the country. No. 1 issue I had heard about for the That is why I have been particularly Now, I am not suggesting that all whole 8 years was that of out-of-con- encouraged to see President Trump rules are bad. Some rules are necessary trol regulators who were clearly also taking the steps he has taken to roll for a government to operate in an or- not responsive to anybody and did not back many of the late efforts by the derly fashion and keep Americans safe, need to be. Frankly, in the second 4 Obama administration. Since taking but too much regulation is costly and years of that Presidency, the regu- office, President Trump has signed 13 clearly stifles innovation. For the past lators were even less responsive than Congressional Review Act resolutions 8 years, Americans have seen an un- they were in the first 4 years, and I which, according to the administra- precedented number of new rules and think that is something that happens tion, will save $10 billion in regulatory regulations that have been issued by way too often. costs over a 10-year period of time. unelected, unaccountable Washington I hear from families, farmers, and job With regard to the Congressional Re- bureaucrats. creators who tell me that the biggest view Act, the Congress’s passing a re- We are committed to changing that barrier to job creation and economic jection of the rule and the President’s ‘‘Washington knows best’’ mentality growth is exactly what we are hearing agreeing to it happened exactly one because, at the end of the day, over- about here this morning; that people time in 25 years prior to this adminis- regulation hurts families the most be- do not think out the real consequences tration. It has happened 13 times this cause they are the ones who are forced of the regulations. year. It will happen, I am confident, a to pay more for goods and services According to regulations.gov, Fed- few more times, and it will have a real when businesses are forced to spend ex- eral agencies finalized more than 4,000 impact. orbitant amounts of money just to put new regulations in 2016 alone. That was When you look at the regulations their products on the market. an average of 11 new regulations a day that have been delayed or repealed by It is time for America to retake its in the final year of the Obama Presi- CRAs and Executive orders—Congres- position as a world leader in innova- dency. Let’s think about that. Every sional Review Act resolutions or Exec- tion. It is time for America to get busy one of those 4,000 regulations was a utive orders—the American Action on production again—creating new job regulation that the country had lived Forum estimates that $18.8 billion opportunities, selling more of our prod- without for the entire history of the would be saved annually. Now, the ucts at a competitive advantage over- country and that the Obama adminis- President is not going to get much seas, affording young people new job tration had lived without for 7 years. credit for that, and the Congress is not opportunities and the ability to stay A number of those regulations had either, but if in the last few weeks we here in the United States, inviting been done so late that we had had a figured out how to take an $18.8 billion more capital to come in because there chance to look at them through the burden off of people by not moving for- is a better return on capital, which, Congressional Review Act because they ward with regulations that the country once again, gets reinvested in the were still available to the new Con- had not had prior to just a few weeks United States and, thus, grows our gress. That is how late they happened. ago, in some cases, that is a good economy and allows us to be able to One of them went into effect on Janu- thing.

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.019 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2578 CONGRESSIONAL RECORD — SENATE April 27, 2017 Many of the Missourians from whom goal of bringing the list back to the lic trials of self-driving vehicles in the I have heard are particularly relieved Congress and saying that we think that greater Phoenix area. that the President is also moving back these can all be eliminated. But, today, the biggest news in tech from a couple of rules—the power rule I have also cosponsored an act called isn’t coming from publicly traded Sil- and the waters of the United States the REINS Act, which would give me icon Valley companies. No, today, the rule—that Federal courts, fortunately, and the rest of the Congress the obliga- talk of the tech world is the students up until now, had said to President tion to vote on any regulation that has from my alma mater, Snowflake Jun- Obama’s administration they did not more than $100 million of impact on ior High School. That is because these have the authority to do what they the economy so that if we need it, we students from my small hometown of were trying to do in either of these are going to go home and justify it, and Snowflake, AZ, just won the Samsung rules. The rules would have had dev- the American people—where I live and Solve for Tomorrow contest. astating impacts on job opportunities the Presiding Officer lives—can get This national contest tasks students and on families in our State. The power their hands on us if we cannot explain from across the country with creating rule would have doubled the utility why we thought it was a good idea to a solution to improve their local com- bills in 10 or 12 years. do that. munities by using STEAM skills— I have been reminding Missourians I believe the government should work Science, Technology, Engineering, Art, over the last several months that if for the American people, not the other and Math. you do not think that is going to im- way around, and I believe the President The winning project from Mr. pact you when you pay your electric and the Congress have taken advantage Eilertsen’s students is something spe- bill the next time, just write it right of this historic opportunity to drive cial. Snowflake students designed and out of your checkbook one more time— that peg a little deeper in the ground. constructed a low-cost animal detec- write it—because that is what you I look forward to continuing to work tion system to prevent fatalities from would be doing sometime in the next on these issues. I think we need to take vehicle collisions with wild animals. decade and see what impact that has more responsibility for these issues. I They were motivated by the fact that on the kinds of things you and your know some of our colleagues have said: an estimated 200 people lose their lives family would have been doing with the Well, why did we repeal these late reg- each year in these collisions, which can money that you would have been ulations? Well, they were late regula- be common around rural communities spending on twice your utility bill. tions for a reason, and the country had like Snowflake. A week ago, EPA Administrator done just fine without them up until The winning design consists of a 10- Scott Pruitt was in our State, at the now. inch, weather-resistant motion sensor Thomas Hill powerplant, to talk about So I look forward to working with that blinks to warn drivers when a how these rules would have affected the Presiding Officer and others to con- large animal is near. These durable, af- the State and how one can still fulfill tinue working on this effort to have fordable sensors can be placed atop ex- the mission of the EPA for clean air regulations that make sense when we isting fence posts like the thousands and clean water and a better environ- need them and not to have regulations that line roads all over rural Arizona. ment without having rules that dev- when we don’t need them. I had the opportunity to meet with astate families as well as deal with NORTHWEST MISSOURI STATE UNIVERSITY these very bright students—2 of them problems, many of which have now BEARCATS CHAMPIONSHIPS from a class of, I believe, 23—and those been on the priority list for 10 years Mr. President, I would also like to 2 are in the Gallery today, along with and longer and have never been dealt mention one more topic quickly. This their teacher Mr. Eilertsen. I had the with, while the EPA has been coming is a very Missouri topic. opportunity to meet with them yester- up with something else to do. They The Northwest Missouri State Uni- day in my office and to hear all about would have driven up the cost of gro- versity Bearcats this year, in NCAA this winning project. Let me tell my ceries. They would have driven up the Division II, won both the football colleagues that they blew me away cost of the utility bill itself. Of course, championship and the men’s basketball with their creativity, their knowledge, when the utility bill goes up, the util- championship. It has been a long time and, most of all, their desire to use the ity bill work goes up, too, and work in Division II when any school was able STEAM discipline to save lives. might not be there at double the util- to bring both of those championships Think about how remarkable this ity bill. back to their campus. project is. Here is a device that can ac- The combined cost savings is esti- When I was a college president, we tually save hundreds of lives and pre- mated to be as high as $67.3 billion over were in that conference, the MIAA, vent harm to wildlife and to livestock. the very foreseeable future of the Con- which is a competitive conference, and With the grit and ingenuity of a great gressional Review Act, the President’s competitive enough that in that Divi- startup, these students at Snowflake Executive orders, the announced deci- sion II level, the Bearcats brought Junior High have shown the country sions that they have made about things home both of those championships. that big ideas come from small towns. like the clean power rule and the Mr. President, I suggest the absence In recognition of their innovative waters of the United States rule. Even of a quorum. project, the students won $150,000 in in Washington, $67.3 billion is a lot of The PRESIDING OFFICER. The technology for their school and an ad- money, not to mention the 52 million clerk will call the roll. ditional $20,000 for having the most hours of paperwork that will be needed The bill clerk proceeded to call the popular project on social media and to comply with rules that were not roll. with the public—not bad for some kids necessary to be there and that Senator Mr. FLAKE. Mr. President, I ask from Snowflake. ROUNDS mentioned. unanimous consent that the order for Before I yield the floor, I would like Our economy cannot grow and thrive the quorum call be rescinded. to thank Mr. Eilertsen for all that he with billions of dollars’ worth of regu- The PRESIDING OFFICER. Without has done to inspire his students to lations dragging it down. Let me say objection, it is so ordered. think big and for making a victory in again that I am for every regulation CONGRATULATING SNOWFLAKE JUNIOR HIGH this Samsung competition possible. that we absolutely have to have—there SCHOOL I would also like to thank all of the is no argument about that—but we Mr. FLAKE. Mr. President, I have faculty and staff in Snowflake for their need to have a process by which we spoken a lot in recent years about how tireless work as educators. know whether we have to have them. Arizona is quickly becoming one of our Finally, I would like to congratulate That is why, in the next few weeks, I country’s major tech hubs. From entre- the students of Snowflake Junior High plan to reintroduce the bipartisan Reg- preneurial startups to major tech- for their victory. I am confident that ulatory Improvement Act, which the nology companies, Arizona is sup- your project will save lives, and by Congress looked at last year. porting innovation like never before. In winning this competition, you have This bill would create a Regulatory fact, it was just announced that provided your school with educational Improvement Commission that would Waymo, Google’s self-driving car resources that will help students for review outdated regulations with the project, will be launching its first pub- years to come.

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It In Washington, we may differ over the benefits of NAFTA for the U.S. is good for Americans. It is good for policies—sometimes sharply. There is economy. Experts have said that more the Mexican economy. It is good for no surprise that is true. But both par- than one-quarter of global GDP—some Canada. ties have long risen above partisan We have noted many times that with $20.5 trillion—is produced in NAFTA’s squabbles of today to protect these spe- regard to border security, the net flow combined markets of the United cial places for tomorrow. But with yes- of Mexican migrant workers has been States, Canada, and Mexico. Canada terday’s Executive order, President south, not north, over the past couple and Mexico are the largest export mar- Trump has upended that tradition by of years. One of the biggest reasons for kets for the United States. U.S. trade opening the door to attacks on our na- that, obviously, is the Mexican econ- tional monuments for generations to with Canada and Mexico has more than omy is doing better, and part of the tripled since 1993, and that was before come. biggest reason for that is because of I know there are people in this ad- NAFTA came into effect. NAFTA and their ability to trade. That In 1993, U.S. foreign direct invest- ministration who have said they are is good for the United States. It is good ment in Mexico was slightly more than ‘‘lifetime supporters and admirers of for Mexico. $15 billion. In 2016, it was more than $92 Teddy Roosevelt’s policies.’’ If they Trade is not a zero sum game where are, now is the time they need to be billion in foreign direct investment. one party wins and the other party heard because today’s action is an of- NAFTA increased U.S. agricultural loses. Free trade benefits everyone. I fense to Teddy Roosevelt’s vision for exports to Canada and Mexico by 350 hope that we remember this as we look America and threatens his bipartisan percent, supporting U.S. farmers and toward NAFTA’s future. We need to legacy of conservation. The adminis- ranchers like those back in Arizona. improve it and to modernize it, cer- tration’s latest Executive order initi- NAFTA has resulted in an integrated tainly, but we shouldn’t abandon it. supply chain between the United I yield the floor. ates a review of all national monument States and other countries. The PRESIDING OFFICER. The Sen- designations since 1996 that are larger For example, the Wall Street Journal ator from Colorado. than 100,000 acres, with an interim re- reported that ‘‘tens of thousands of Mr. BENNET. Mr. President, before I port on its findings just 45 days later. I parts that make up a vehicle often begin my remarks, I just want to say, wonder if they know how long it takes come from multiple producers in dif- while the Senator from Arizona is still to build a consensus in the West and in ferent countries and travel back and here, what a privilege it is to hear other places that a place is sacred forth across borders several times.’’ somebody come to this floor and actu- enough that it should have one of these Abandoning NAFTA would destroy ally speak about facts as they actually designations, and in 45 days they are these supply chains, making it harder are—economic facts, facts related to going to threaten to disturb the work for our country’s private sector em- immigration. If we had more people in of people all over the West who have ployers to grow and to do business. the Senate who spoke on the floor the supported these designations. Arizona has certainly benefited from way the Senator from Arizona just did, Speaking yesterday, President NAFTA. In 2016, Arizona’s trade with there is nothing we wouldn’t be able to Trump justified this action by calling Mexico exceeded $15 billion. Total accomplish together. It is a privilege earlier monument designations an trade between Arizona and NAFTA to serve with him. It is a privilege to ‘‘egregious abuse of federal power.’’ I countries reached nearly $20 billion hear the clarity with which he spoke wonder what he would call a Wash- last year. about these important issues. So I ington-led effort to undo protections The Arizona Daily Star noted back in want to thank him through the Chair for national monuments that enjoy November that ‘‘trade with Mexico for that speech. deep support from communities all supports about 100,000 jobs in Arizona ANTIQUITIES ACT across the country, including in my and retailers depend on roughly $8 mil- Mr. President, at the close of the 19th State of Colorado? lion Mexican shoppers spend daily in century, many of our country’s—al- For all their rhetoric about Wash- Arizona.’’ most all of our country’s—most his- ington overreach, this administration The bottom line is that trade is good toric sites were completely unpro- and its allies in Congress seem to have for American businesses, it is good for tected. Places like Chaco Canyon and no problem substituting their rash American workers, and it is good for Cliff Palace, home to some of the most judgment for the thoughtful, commu- American consumers. ancient dwellings in North America, nity-driven designations of national Trade deals like NAFTA make inputs faced looting and desecration. So in monuments across the United States of for U.S. manufacturing cheaper than 1906, Congress actually passed pieces of America. Had they studied this issue at they would be otherwise. Cheaper in- legislation and thought about the next all, they would have learned that exist- puts mean lower production costs for generation of Americans. Congress ing monument designations come from U.S.-based businesses, which, in turn, acted to protect these places by pass- exhaustive consultation and hundreds allows these companies to expand pro- ing the Antiquities Act. The act em- of meetings over thousands of hours. duction and to reduce prices. That powered Presidents to preserve sites of Unlike this administration, western means everyday consumer products are cultural and historic importance and communities did our homework. We more affordable for middle-class fami- protect our most spectacular land- laid the groundwork and paved the way lies. scapes by designating them as national for these designations, which leads me If the protectionist trade policies of monuments using that authority. to wonder what the administration’s the past have taught us anything, it is Teddy Roosevelt moved to protect review hopes to achieve. I would chal- that when we increase trade barriers, places like Devil’s Tower, Muir Woods lenge anybody in the Senate to come nobody wins. Do I agree that we should Forest, and even the Grand Canyon. down here to this floor and explain ex- work to make U.S. businesses more Looking back, it is hard to imagine our actly how this 45-day review will un- competitive? Absolutely. Do I agree country without those iconic places. It cover information that somehow our that we can modernize NAFTA? You is hard to imagine our country without western communities missed. They bet. Pro-growth trade policies have the legacy of those people who were can’t. They can’t because that is not been at the top of my list of priorities thinking not between sound bites on the point of this review, which is no since I came to Congress. But any ef- the television but across generations. more than a Trojan horse for advanc- forts to impose new restrictions on our Since Teddy Roosevelt, administra- ing the agenda not of the West but for ability to trade with Mexico and Can- tions from both parties, Democratic advancing the agenda of partisan think

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.022 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2580 CONGRESSIONAL RECORD — SENATE April 27, 2017 tanks and politicians in Washington in- I suggest the absence of a quorum. We plan to continue to emphasize stead of the real-world interests of The PRESIDING OFFICER. The how wrong the President’s Executive western communities. clerk will call the roll. order is. Worse, if the administration ulti- The senior assistant legislative clerk First and foremost, in the Executive mately repeals national monument proceeded to call the roll. order, the President directed the Sec- designations—which I hope they will Ms. CANTWELL. Mr. President, I ask retary of the Interior to review the des- not—as a result of this order, it would unanimous consent that the order for ignation or expansion of national cause real economic pain to Western the quorum call be rescinded. monuments under the Antiquities Act States, especially in rural areas. A re- The PRESIDING OFFICER. Without where the Secretary deems that the cent study found that rural counties in objection, it is so ordered. designation or expansion was made the West with protected public lands Ms. CANTWELL. Mr. President, yes- without adequate public comment or saw jobs grow at a rate more than terday President Trump issued an Ex- coordination with relevant stake- three times faster compared to areas ecutive order that undermined the pro- holders. That literally gives the Sec- without protected lands. It just makes tection of dozens of our national monu- retary of the Interior broad authority sense. Just ask outfitters and guides ments that were established over the to look at all the land that has pre- near Browns Canyon, a national monu- past two decades by three different viously been designated since 1996 and ment, or local business owners around Presidents. In continuing his adminis- potentially open it up to saying they Chimney Rock, a national monument, tration’s war on our public lands, are going to try to reverse that. There have been many discussions what the effect has been on their busi- President Trump and Secretary of the about the last 20 years of the designa- nesses. In fact, those businesses were Interior Zinke have attacked one of tion of some unbelievable, beautiful huge champions of both those national our Nation’s most prized conservation places in America that are so special— monuments. You can go buy a beer in laws—the Antiquities Act, which gives the President the authority to protect the Grand Staircase-Escalante Na- Pagosa Springs from a brewery that is tional Monument in Utah, which is 1.7 brewing it and putting a label on it our nationally important lands and waters on Federal land by designating million acres; the Grand Canyon- that says ‘‘Chimney Rock National Parashant National Monument in Ari- Monument.’’ You can buy the beer and them as national monuments. In the 111 years since the Antiquities zona; the Giant Sequoia National take it rafting through Browns Canyon Monument in California; the Canyon of with outfitters who strongly support Act was signed into law by President Teddy Roosevelt, 16 Presidents—8 Re- Ancients National Monument in Colo- the monument. rado—I know my colleague Senator publicans and 8 Democrats—have used National monuments not only pre- BENNET from Colorado was speaking the law’s authority to designate over serve our heritage, they strengthen about it earlier; Hanford Reach Na- 150 national monuments. President rural communities by supporting out- tional Monument in Washington, which door economies and attracting visitors Trump is trying to undo over 100 years covers 195,000 acres; the Ironwood For- from around the country and around of conservation in just a few days. est National Monument in Arizona; the Many of our Nation’s iconic national the world. We should be more encour- Vermilion Cliffs National Monument in parks were first protected by using the aging of that. Let’s do more of that. In- Arizona; the Carrizo Plain National stead, this Executive order takes aim authority of the Antiquities Act, in- Monument in California; the Sonoran directly at our rural economies in the cluding the Grand Canyon, Acadia, Desert National Monument in Arizona; West. Glacier Bay, Joshua Tree, Zion, and in the Upper Missouri River Breaks Na- Look at this. As we can see here, na- my home State of Washington, Mount tional Monument in Montana; the Rio tionwide, Americans spend $887 billion Olympus National Monument, which Grande del Norte National Monument on the outdoor economy each year, later became Olympic National Park. in New Mexico, on which my colleague No doubt Presidents of both parties supporting $65 billion in Federal tax Senator HEINRICH worked so hard; the revenue and 7.6 million American jobs have used the Antiquities Act to pre- Organ Mountains-Desert Peaks Na- which can’t be exported anywhere. serve the most beautiful places in our tional Monument, also in New Mexico; There is not a country in the world country. However, President Trump ap- the San Gabriel Mountains National that has a system of public lands like pears to be very uninformed on the his- Monument in California; the Berryessa the United States of America and in tory or the importance of the Antiq- Snow Mountain National Monument in particular the Western United States uities Act. In his remarks signing the California; the Basin and Range Na- of America. There is not a country in Executive order yesterday, he de- tional Monument in Nevada; the Mo- the world that has what we have. scribed the designation of national jave Trails National Monument in Cali- If this administration really is seri- monuments as an ‘‘egregious use of fed- fornia; the Sand to Snow National ous about creating jobs, strengthening eral power’’ and vowed he would ‘‘give Monument in California; Bears Ears, as our economy, and remaining faithful to that power back to the States.’’ He I have mentioned, in Utah; and the the bipartisan legacy of Roosevelt, it truly does not understand the Antiq- Gold Butte National Monument in Ne- should keep our national monuments uities Act, nor does he appreciate the vada. That sounds like a lot of designa- intact and uphold the traditions hon- bold leadership of all of those Presi- tions that we have made over the last ored by every President since 1906. dents, both Democrats and Repub- 20 years. Presidents were very judi- These are treasured places. Even licans, over a period of time—eight Re- cious about those designations. It took though they have a huge value in dol- publicans and eight Democrats—who a lot of public comment, many commu- lars and cents, their value goes far be- have used this authority in an appro- nity meetings, and a lot of scientific yond the economic value. It goes to the priate way to preserve for all Ameri- analysis about the preservation of heart of who we are as a nation. It goes cans in the future and those in the past these areas. The end result is that for to our cultural heritage and to the leg- who have enjoyed these beautiful these generations and future genera- acy we want to pass on from our grand- places—and to preserve our access to tions, national monuments have been parents to our grandchildren. public lands. designated on public lands that are in Teddy Roosevelt called conservation I can’t tell you how important access our national interests. ‘‘a great moral issue, for it involves the to public lands is for schoolchildren, This has been so important to us as a patriotic duty of ensuring the safety our returning veterans, our families, nation. As I said, places like the Grand and continuance of the nation.’’ We hunters, fishermen, and hikers. Put- Canyon, Olympic National Park in my must do our duty, our patriotic duty, ting the Antiquities Act and the mil- State—many places have created what and I will use every tool at my disposal lions of acres of national monuments has become an outdoor recreation to protect the Antiquities Act and our that have been protected back into the economy. That outdoor recreation national monuments because in the hands of a few who are more aligned economy is now over $800 billion of an- end our character as a nation is re- with special interests to try to open nual revenue and dwarfs what the oil vealed in what we choose to preserve these areas up to oil and gas explo- and gas industry represents as an econ- now and for generations to come. ration is the antithesis of what the An- omy of the future. In fact, this indus- Mr. President, I yield the floor. tiquities Act is all about. try sector is on par to compete with

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.023 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2581 other large sectors of our economy— Monroe National Monument in Vir- take away one of the historic and beau- the financial service sector and the ginia; Fort Ord National Monument in tiful archaeological histories of Native healthcare sector. So why are we tak- California; Chimney Rock National Americans and early Americans in the ing away the very tool that has Monument in Colorado; the Cesar Cha- United States—and an area that has launched so much outdoor activity and vez National Monument in California; excellent outdoor recreation opportu- a burgeoning job economy, with 7 mil- San Juan Islands National Monument nities—and throw it, along with the lion outdoor industry workers? Why in the State of Washington; the Harriet concept of the Antiquities Act, over are we taking away national monu- Tubman Underground Railroad Na- the side just because someone wants to ment designations that have been the tional Monument; the First State Na- try to reverse what our previous Presi- priority of past Presidents and trying tional Historic Park in Delaware; the dents, starting with Teddy Roosevelt, to return them because someone Charles Young Buffalo Soldiers Monu- have done to protect these monuments doesn’t understand what the Antiq- ment; the Honouliuli National Monu- in our national interest. uities Act is all about? ment in Hawaii; the Pullman National Representing a State where we have In addition to those large monu- Monument in Illinois; Browns Canyon several counties that have lots of Fed- ments that I just mentioned, also National Monument in Colorado; Waco eral land, whether forest lands or BLM under review will be a group of other Mammoth National Monument in lands, I know that it can be chal- monuments that are marine national Texas; Castle Mountains National lenging for local communities to main- monuments. Yes, according to the defi- Monument in California; the Belmont- tain the infrastructure, the education, nition I mentioned earlier, Secretary Paul Women’s Equality National the hospitals, the law enforcement. I Zinke could review all of these monu- Monument; Stonewall National Monu- am a big believer in making sure that ments. In fact, I noticed that there ment in New York; the Birmingham what are called PILT payments and the were several people at the President’s Civil Rights Monument in Alabama; Secure Rural School Program are well signing who represented some of these the Freedom Riders National Monu- funded and financed to make sure that monuments. I don’t know if they are ment in Alabama; and the Reconstruc- these communities can be there to help urging the President to remove their tion Era National Monument in South us support these public lands. But the areas, but it raises great concern about Carolina. notion that with one act we would how important these marine monu- The Executive order says the Sec- throw in Teddy Roosevelt’s face all of ments have been. retary of the Interior can review any these national monuments and now say There is the Papaha´ naumokua´ kea national monument designation since that we are going to try to use it in re- marine national monument in the Ha- 1996 ‘‘Where the Secretary determines verse to review the work in the near waiian islands that was established in that the designation or expansion was term, of 3 different Presidents who 2006; the World War II Valor in the Pa- made without adequate public outreach used this authority is simply wrong- cific National Monument, also in Ha- and coordination with relevant stake- headed. waii; the Rose Atoll National Monu- holders.’’ What we need to do is embrace the ment in American Samoa; the Pacific The Executive order says that for outdoor economy. As I said, it is 7 mil- Remote Islands National Monument in any national monument on the list I lion jobs with over $800 billion of eco- Hawaii; the Marianas Trench National just mentioned, the Secretary of the nomic activity. In fact, since the last Monument in the Mariana Islands; and Interior could decide there was not ap- time they did their report, there has the Northeast Canyons and Seamounts propriate public outreach. Even though been a $200 billion annual increase in Marine National Monument in the At- the process used by Presidents under the economic impact in the United lantic. the Antiquities Act makes sure you States of America. What great news. In addition to all of those maritime have that, this Secretary could decide An industry and sector, particularly in national monuments of grand scale, there wasn’t enough and recommend to retail, is growing by leaps and bounds. these also under consideration are an undo any of these monuments and It is an industry that is providing peo- additional two dozen or so—I think it eliminate access to the public for the ple with more tools and opportunity to looks like 25—smaller national monu- purposes of recreation and enjoyment. enjoy our beautiful places. The only ments that could also be reviewed by So this administration has it dead thing we can do to screw that up is the Secretary of the Interior. Even wrong. He is no Teddy Roosevelt. In start taking away the beautiful places though they were designated with this fact, I saw he had a press conference where people go to recreate. I would Presidential authority, in previous ad- with a statue of Teddy Roosevelt be- say we should be examining how well ministrations after great review, they hind him. Teddy Roosevelt would be these areas we have protected are being could, by this President and this Inte- appalled because his concept of pre- used and figure out how we can con- rior Secretary, be wiped away very serving Federal land was so important. tinue to communicate to the general quickly. Teddy Roosevelt was an outdoorsman public about these wonderful experi- We definitely do not believe the who spent many a time in these great ences. President has this legal authority, and places of our Nation and understood Do not think for one minute that the we will pursue a vigorous fight. Why their great significance. That is why American people in their souls are not should we be wasting taxpayers’ money we have the Antiquities Act. He knew connected to the spiritual nature of when taxpayers’ money was already that these resources strengthened our these beautiful lands. They are. And spent to make these designations, and country. They made us strong as a na- that is what Teddy Roosevelt knew. He the taxpayer is getting the huge eco- tion. They show the crown jewels of knew this is where we go to rejuvenate. nomic benefit of having these outdoor the United States of America in all Let’s not take it away for some oil and areas? their glory and beauty. He knew it was gas exploration. What else could be on the President’s important to protect them for future I yield the floor. list according to this Executive order? generations to enjoy, not just for the The PRESIDING OFFICER (Mr. The California Coastal National Monu- special interests to take advantage of SASSE). The Senator from Nevada. ment; Cascade-Siskiyou National in the near term. NO BUDGET, NO PAY ACT Monument; President Lincoln and Sol- We have a lot of Federal land and off- Mr. HELLER. Mr. President, as we dier’s Home National Monument in shore land that is used for resource ex- approach yet another deadline to con- Washington, DC; Kasha-Katuwe Tent ploration and development. As people tinue funding for the government, I Rocks National Monument in New know, natural gas is at an all-time rise to speak today regarding my frus- Mexico; Minidoka National Historic high in the United States and driving tration and disappointment that Con- Site in Idaho; Pompeys Pillar National an all-time low price. It is not as if you gress is once again kicking the can Monument in Montana; Virgin Islands need access to Bears Ears National down the road. I am frustrated that I Coral Reef National Monument; Gov- Monument to drive down the price of keep having to have this same con- ernors Island National Monument in natural gas or other fossil fuel. What versation with my colleagues. I am dis- New York; the African Burial Ground you are going to do by pursuing this appointed in the lack of responsibility National Monument in New York; Fort wrongheaded approach on Bears Ears is of everyone here in Washington, DC, to

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I am upset that continually I have to tions bills and engaging in debate on They have had to go out and borrow remind everyone in Congress that the programs important to particular the money, and that has been difficult most basic responsibility that we have agencies, Members have the oppor- for them. The cost of just complying is to pass a budget and all of the appro- tunity to fight for priorities that are with this one new regulation is about priations bills and we should do it on important to their State. Right now, I 10 percent of their annual revenue. time. It seems like Members of Con- am fighting to fund these programs. Otherwise, that roughly million bucks gress now depend on the countdown Sometimes this fight needs to ensure would have been invested, they say, in clock at the bottom of every news certain programs are not funded be- plant, equipment and people. In other channel to remind them to do their job. cause they are a waste of taxpayer dol- words, they would be able to create Here we are, 4 months into 2017, and lars, like Yucca Mountain. I cannot say more jobs and modernize their facility we still have not completed the appro- it enough times for my colleagues: if not for that compliance cost. priations process that was supposed to Congress should not provide any fund- They are not alone. It is happening have been done half a year ago. If that ing to this failed project that has al- all over Ohio and across the country. is not bad enough, we only have 15 leg- ready wasted so many taxpayer dollars. Costly regulations are causing compa- islative weeks left to finish funding for Nevada will not be a federally sub- nies to pull back on expanding jobs and the next fiscal year. My colleagues, I sidized national nuclear waste dump, creating more opportunity for the peo- believe we are setting ourselves up for plain and simple. If I can repeat that. ple we represent. failure. Nevada will not be a federally sub- Look, regulation has its place. There Washington is a consequence-free sidized national nuclear waste dump, is no question about it. We need regula- zone. That is why I will continue to ad- plain and simple. Without exercising tions. I think everybody acknowledges vocate for my No Budget, No Pay Act. the power of the purse, which my No that. It has a proper role. We need rea- I have personally never seen Congress Budget, No Pay legislation ensures, we sonable laws that protect our health pass all 12 appropriations bills on time, will all be right back here in a week, a and the environment and prevent dis- on their own, without an omnibus or a month, or several months, making the honest business practices. But let’s CRomnibus. Regardless of who is in the same speeches, taking the same votes make sure that, as we regulate more majority, regardless of who is in the over and over. and more and more, we have smart reg- minority, my No Budget, No Pay legis- So I would like to say to any of my ulations—regulations that make sense lation says that if Members of Congress colleagues who are tired of these con- and that don’t affect these small busi- do not pass an annual concurrent bi- tinuing resolutions, regardless of what nesses, as I talked about with this partisan budget resolution and all 12 specific issues they are fighting for, to brick company in Alliance, OH. spending bills on time, each year, then, support the No Budget, No Pay Act. I The reality today is that a lot of Fed- believe the Congress can work again, they should not get paid. eral regulations are more extensive in Let me repeat that last part. If Con- but it will take some of that account- scope, more expensive to these compa- gress fails to pass all 12 spending bills ability—like the No Budget, No Pay nies—and, therefore, these workers— on time each year, then, they should Act—to get us there. more unpredictable than they have to I yield the floor. be to meet whatever the policy objec- not get paid. The American public is I suggest the absence of a quorum. just as frustrated as I am. Since I have tives are. The PRESIDING OFFICER. The So Congress writes a law, and we introduced No Budget, No Pay, I have clerk will call the roll. have certain policy objectives, but then been getting some much positive sup- The bill clerk proceeded to call the the regulators take that and they port for this idea. A woman by the roll. change the spirit of the congressional name of Patricia from Fernley, NV, Mr. PORTMAN. Mr. President, I ask law instead of meeting that objective wrote to say No Budget, No Pay is long unanimous consent that the order for in the most cost-effective way possible. overdue. the quorum call be rescinded. So I get that from my constituents, Dorothy from Henderson, NV, wrote The PRESIDING OFFICER. Without and the question is this: What do we do me to say No Budget, No Pay is a won- objection, it is so ordered. about it? derful solution. Just last week, speak- REGULATORY ACCOUNTABILITY ACT The other thing I hear about is the ing in Reno, NV, I was asked when Con- Mr. PORTMAN. Mr. President, I rise fact that regulators aren’t accessible. gress is going to finally pass the No today to talk about legislation to give People don’t feel like they have any in- Budget, No Pay Act. Until the No our economy a shot in the arm and to fluence over it. Budget, No Pay Act is passed into law, help raise wages for Americans all By keeping new businesses from I don’t see any other way to motivate across our country. starting and small businesses from Members of Congress to do their job When I am back home, whether it is growing, regulations are just making it and avoid these continuing resolutions at a small auto body shop or whether it harder for people to be able to make a in the future. is at a big steel plant or whether it is living. I cannot support a CR that just boots at a soybean farm, I hear the same So how did we get here? Why are reg- our problems to another day without thing, which is people coming up to me ulations so expensive and so burden- enacting the principles that are out- and saying: Hey, ROB, with all of these some on workers and jobs? I think a lined in my No Budget, No Pay Act. regulations coming from Washington, I big reason is the way the Federal Gov- There are important issues that need would love to hire more people, but I ernment goes about writing regula- to be addressed through the appropria- am spending too much time and money tions. Too often the process is unac- tions process. For my home State of trying to keep up with these regula- countable to the people. Too often it is Nevada, we are looking at proposals tions. based on sloppy or even bad informa- from this new administration to cut I think that is true with every Mem- tion. funding to vitally important programs, ber here, whether you are a Democrat The current law that gives us the such as the Southern Nevada Public or a Republican, when you are back basic framework for all this process is Lands Management Act, better known home talking to people. They get frus- called the Administrative Procedure as SNPLMA, or payments in lieu of trated. Sometimes it is local and State Act. This has been around for a long taxes, better known as the PILT pro- regulations as well, but a lot of them time. But guess what. It has not been gram. are coming from the Federal Govern- reformed in any significant way in 70 While these programs may not mean ment. years. much to some of my colleagues, for Ne- One example would be the Whitacre The APA, or the Administrative Pro- vada they are vitally important to en- Greer Company, which makes bricks. It cedure Act, is something I have studied

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We are every President from Ronald Reagan to regulatory process and better for a talking right now about updating the has agreed on the need smart regulatory process in terms of healthcare laws that were passed 7 for that, it has never been put into law. taking our laws and putting them into years ago. Imagine if we didn’t update The first thing this legislation does practice. our immigration laws for 70 years. is very simple. The Regulatory Ac- So the RAA requires agencies to Imagine if we didn’t update our crimi- countability Act—the RAA—says that choose the most cost-effective regula- nal laws for 70 years. You know, the there should be a law, we should codify tions, creates more accountability by world changes. It just doesn’t make the practice so that businesses have involving the public, ensures we are any sense not to update our regulation the predictability of knowing that reg- using better information, and takes ex- policy because we live in a growing and ulations are going to continue to use isting practice and puts it into law. Ul- dynamic economy. Things are chang- that commonsense cost-benefit prac- timately, this is going to make smart- ing, and we have changed a lot in the tice. er rules with better outcomes and will last 70 years. The Regulatory Accountability Act give us a better environment for cre- We didn’t have things like microwave would then take the next step of re- ating more jobs with better wages. The ovens or color TVs, and our economy quiring regulatory agencies, once they RAA will free up more resources for was 10 percent the size of what it is have figured out the costs and benefits small businesses to hire more people, today. Yet we are still using the same of these proposals, to choose the most raise wages, and purchase more equip- regulatory process that was put in cost-effective way to achieve their pol- ment. That will boost economic growth place for a totally different kind of icy objectives. That is common sense, and benefit all of us. economy. right? It is not done now. This is a big There are some critics who have sug- By the way, in 70 years, we have also change and an important part of the gested that this bill will kill the regu- learned a lot about how to regulate in legislation. Again, it is the same thing latory process and prevent new regula- a way that it is more cost effective and people do every day with their fami- tions from being issued, but clearly more efficient, and we need to put that lies. When they are deciding where they have not read the bill. The reason into practice. So a reform of our regu- they are going to go to school or what this bill is bipartisan is because it latory process, in my view, is long brand of milk they are going to choose, gives the American people a voice in overdue. they go through that kind of analysis. the regulatory process and it makes it So far this year, we have taken some Let’s find the most cost-effective way more effective for both our economy steps here in the Congress to give small to accomplish the goal, one that costs and for our health and safety. That is businesses very specific regulatory re- less and has the least impact on the the kind of commonsense regulatory lief by rescinding some of the recent ability to create jobs. process that hard-working taxpayers regulations that the Obama adminis- As I said before, a lot of regulations expect and deserve from their govern- tration had promulgated. We have done are expensive. According to the non- ment. this about 10 times now with what is partisan Congressional Budget Office, We have a lot of support for this bill called the congressional review proc- from 2009 to 2014, in those 5 years, the from workers all over the country and ess. It is estimated that this has saved Federal Government published more from a wide variety of industries, in- the economy a total of $65 billion in than 80 major rules a year, every year. cluding organizations representing regulatory costs and about 45 million A major rule costs the economy more truckers, farmers, electricians, and hours of paperwork. than $100 million a year, and there manufacturers. It is a bipartisan bill I have supported most of these Con- have been 80 a year. because it is a common-ground bill. It gressional Review Act bills because I For these major rules, the RAA is a middle-ground bill. think they make sense. But this is just would let stakeholders ask a court to I first introduced the RAA 6 years a handful of recent regulations. We review the cost-benefit analysis used ago, and it has passed the House of have only addressed a few of the symp- by the regulators, so that we ensure Representatives five times. By the toms, not the underlying cause. We that agencies are using the best infor- way, on one of those stand-alone votes, still have to deal with the underlying mation available, not relying on faulty 19 Democrats in the House supported problem of the way regulations get information or making mistakes. That it. Some Democrats who serve in the made. If we don’t do that, the regu- seems fair to me, that we should have Senate today have supported it in the latory burden will just continue to in- some process to make sure they are past; they were House Members then. crease. doing the right thing. This is going to By the way, that was when the regu- By the way, this should be true have a huge impact on regulations. latory burden was less of a problem whether it is a Republican administra- The RAA makes regulators more ac- than it is today. I have always had tion or a Democratic administration. countable by bringing the public into Democratic cosponsors of the RAA The same rules ought to apply. the process. When folks talk about reg- when I have introduced it here in the All of this is why yesterday Senator ulations, a lot of the time, their con- Senate. HEIDI HEITKAMP from North Dakota cern is that they feel they are cut off I am happy to have Senator and I introduced bipartisan legislation from the process. Although they can HEITKAMP, Senator MANCHIN, and Sen- called the Regulatory Accountability come to me or their other elected offi- ator HATCH as the original cosponsors Act, or the RAA, which would put in cials and state their concerns about to this legislation because this idea is place some really important and very this or that law, they have no access to needed now more than ever. It is a reasonable safeguards on the regu- the regulators. They are not elected; great opportunity to break through the latory process to get better outcomes. they don’t feel as if they are account- partisan gridlock and get something Every President since Ronald able. They can’t complain to them, and that creates more jobs, raises wages, Reagan—Republican and Democrat there is no influence if they do. and makes a difference in people’s alike—has agreed with the idea that So under the RAA, agencies would lives. I think that is what the Amer- regulatory agencies should estimate have to listen to public comments and ican people are looking for. That is the costs and the benefits of something proposals before making a decision. what my neighbors in Ohio tell me. that we all accept. So they put this Again, this is an important change. In- They want us to get stuff done to help into what are called Executive orders stead of waiting until after the deci- families. I urge my colleagues to join saying that they have to go through sion has been made and potentially Senator HEITKAMP, Senator HATCH, the cost-benefit analysis the same way triggering years of litigation, the RAA Senator MANCHIN, and me in sup- that your family does and that families would move up that process. An ounce porting this legislation that will create

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.027 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2584 CONGRESSIONAL RECORD — SENATE April 27, 2017 a more stable and reliable regulatory Dozens of Straayer interns have risen raging wildfires. We see it in fish that process and give the people we rep- to high electoral office or become key are disappearing from warming, resent more opportunity. legislative lobbyists—and not just in acidifying waters. We see it in our Thank you, Mr. President. Colorado; one of his former students is dying pine forests. We see it in extreme I yield back my time. a city alderman in Chicago. weather events. The PRESIDING OFFICER. The Sen- I remember visiting Dr. Straayer Secretary Perdue is taking the helm ator from Colorado. when I first joined the program and of an agency with a key role in miti- TRIBUTE TO JOHN STRAAYER was getting ready to be assigned to a gating those very effects. The USDA Mr. GARDNER. Mr. President, in legislator. When I received the assign- provides farmers, foresters, commod- Denver today, the Colorado General ment, I was disappointed to learn that ities markets, and State and local offi- Assembly will gather to pay tribute to I hadn’t been appointed to the legis- cials with analyses of trends and Colorado State University professor lator I was hoping to be assigned to. In- emerging issues affecting agriculture, John Straayer, whose 50-year teaching stead, I was assigned to a legislator the food supply, the environment, and career included 37 years of managing a from the Western Slope of Colorado. I rural communities. In its own Climate legislative intern program during the am from the Eastern Plains, and I Change Adaptation Plan, the Depart- spring semester. Every Tuesday and wasn’t used to the Western Slope ment notes: ‘‘Climate change has the Thursday, rain or snow, Dr. Straayer, a issues. Soon I would discover that Dr. potential to confound USDA efforts to van or two, and an over caffeinated, Straayer had placed me with an incred- meet these core obligations and respon- sleep-deprived, ambitious crew of col- ible legislator named Russell George, sibilities to the Nation.’’ lege juniors and seniors would travel to who went on to become Colorado’s During his tenure as Governor, Sec- Denver from Fort Collins under the tu- speaker of the house—an individual retary Perdue issued a State energy telage of Dr. Straayer to learn the ‘‘art who Dr. Straayer knew would be an in- strategy, stating: ‘‘Strong scientific of legislation.’’ credible tutor and an inspiration to evidence exists that increasing emis- After publishing several seminal me. Dr. Straayer was right. Speaker sions of carbon dioxide and other books on Colorado politics, accumu- George taught me about issues I work greenhouse gases are affecting Earth’s lating roughly 140,000 miles back and on each and every day here in the U.S. climate.’’ forth to the State capitol, and super- Senate—about public lands, water, and That is encouraging. Yet, when asked vising over 1,000 interns over the years, the West. He was and is an inspiration by Senator LEAHY about climate he is retiring from his service as Colo- to me, and it is because Dr. Straayer change during the Secretary’s con- rado’s legislative professor emeritus. had the discernment to go above and firmation process, he backpedaled and Dr. Straayer has a true love of poli- beyond for his students. said: ‘‘It is clear that the climate has tics—the process, the policy, the peo- After graduation, Dr. Straayer in- been changing,’’ but there is ‘‘signifi- ple, and the place. He has a passion for vited me to speak to his class and later cant debate within the scientific com- every ounce of it, the kind of healthy would tease me in the State legislature munity’’ on whether human activities obsession with a place that means so that perhaps I talked too much from play a role in that. much to the lives of its citizens. He has the well. He provided me interns from Whoops, that is the classic denier seen it all—the good and the bad, the the very same program I was a part of dodge, and it is just not true. fights and the endearing moments. He 10 years before. Most of all, he re- Secretary Perdue said several times watched the impacts of constitutional minded me of the good that comes from during his confirmation process that he battles, term limits, and reforms, and our teachers and mentors, those who will use the ‘‘best scientific and statis- 50 years later, he has never lost his look out for us because, from a special tical data available’’ to make deci- passion. place in their heart, they know that sions. The National Climate Assess- To be a part of his intern program, through the gift of their teaching, they ment uses the ‘‘best scientific and sta- students were required to take his will have a lasting impact for genera- tistical data’’ to conclude this: ‘‘In the class on the legislative process. As a tions to come. long term, combined stresses associ- young CSU Ram myself, I remember Congratulations, Dr. Straayer. ated with climate change are expected his class vividly, absorbing his drive Thank you for your service to Colorado to decrease agricultural productivity.’’ and drawn into the intrigue of policy. State University and to the State of In the Midwest, for instance, the Na- We talked about the cowboy coalition Colorado, and thank you for impacting tional Climate Assessment reports that and the Sagebrush Rebellion; about the lives of so many people. From this temperatures are increasing, and the Speaker Bev Bledsoe and Roy Romer; U.S. Senator, thanks for being that rate of warming tripled between 1980 about Anne Burford, who served in the life-changing spark. and 2010. Under the assessment’s worst- legislature as one of the self-identified I yield the floor. case scenarios, temperatures across the ‘‘House Crazies,’’ who in the 1980s be- The PRESIDING OFFICER. The Sen- Midwest are projected to rise 8.5 de- came known as Ronald Reagan’s EPA ator from Rhode Island. grees Fahrenheit by the year 2100. If Administrator but who this past month Mr. WHITEHOUSE. Mr. President, I you are a farmer, 8.5 degrees changes became known as Neil Gorsuch’s mom. ask unanimous consent to speak for up everything. We talked about the high-water mark to 15 minutes as in morning business. In the western mountains, massive of rural power and the rise of the sub- The PRESIDING OFFICER. Without forests stand dead on the mountain- urban legislator. objection, it is so ordered. sides as warmer winters allow the kill- Dr. Straayer introduced new genera- CLIMATE CHANGE er bark beetle to swarm into higher tions of students to oatmeal with va- Mr. WHITEHOUSE. Mr. President, on latitudes and higher altitudes. Over 82 nilla ice cream and topped with maple Monday night we confirmed former million acres of national forests are syrup. Georgia Governor Sonny Perdue to be under stress from fires, these insects, Dr. Straayer introduced people to President Trump’s Secretary of Agri- or both. Ominously, the assessment public service, including congressional culture, and I am here for my 164th says that the combined effect of in- and legislative staffers and many mem- ‘‘Time to Wake Up’’ speech to urge creasing wildfire, insect outbreaks, and bers of my own staff. According to a re- Secretary Perdue to listen to his agen- diseases is expected to cause an ‘‘al- cent article in the Denver Post, those cy, to scientific researchers in farm most complete loss of subalpine for- staffers and interns included former States across the country, to our major ests.’’ Democratic Governor Bill Ritter, food and agricultural producers, and to The cost to taxpayers of fighting Democratic State Senator Matt Jones, farmers, fishermen, ranchers, and for- fires in those dead and dying forests is and Republican State Representative esters about the serious and growing growing dramatically. Firefighting has Dan Nordberg. They were all proteges effects of climate change. gone from just 13 percent of the Forest of Dr. Straayer’s. The article goes on Carbon dioxide from burning fossil Service’s budget in 2004 to over 50 per- to state that Straayer had arranged fuels is changing the atmosphere and cent in 2015. The Forest Service esti- these internships, monitored them, and the oceans. We see it everywhere. We mates that by 2025 fighting fires will graded the reports of their experiences. see it on drought-stricken farms and in take up to two-thirds of its budget.

VerDate Sep 11 2014 23:33 Apr 27, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.028 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2585 Forest Service Chief Tom Tidwell tes- Center. That is how seriously they change. Congressman SANFORD said: tified to the Senate: ‘‘This increase in take it. The Ocean Acidification Re- ‘‘At our family farm in Beaufort, I’ve the cost of wildland fire suppression is search Center warns that ocean acidifi- watched over the last 50 years as sea subsuming the agency’s budget and cation ‘‘has the potential to disrupt levels have risen and affected salt jeopardizing its ability to implement (the Alaskan seafood) industry from edges of the farm.’’ its full mission.’’ top to bottom’’—a top-to-bottom dis- Out West, ranchers are experiencing One place Secretary Perdue can go to ruption of one of Alaska’s major indus- longer and more severe droughts. In a find out a little bit about this is from tries, and we cannot get a word on cli- 2012 survey of Southern Colorado our State universities. mate change out of the Republican side ranchers, roughly one-quarter of re- The University of Wyoming’s Center of the aisle in this building. spondents said they would likely leave for Environmental Hydrology and Geo- It is, of course, not just scientists. the industry if the drought persisted. physics, for example, reports: ‘‘Many of Some of the largest agriculture and Carlyle Currier, who owns a ranch in the most pressing issues facing the food companies are speaking out as Molina, CO, said: ‘‘We just can’t grow Western United States hinge on the well. For these companies, climate enough to feed the cattle ourselves.’’ fate and transport of water and its re- change is not a partisan issue. It is not In New Hampshire, Jamey French, sponse to diverse disturbances, includ- even a political issue. It is a business President of Northland Forest Prod- ing climate change.’’ survival issue. It is their new reality. ucts, has seen hardwood tree species At Kansas State University, pro- In 2015, major food and beverage com- begin to migrate, with less valuable fessor of agronomy Charles Rice is panies visited Congress to tell us how timber trees like oak and hickory be- using climate modeling to help antici- climate change is affecting their indus- ginning to take the place of sugar pate climate effects in the Great Plains try. maple and yellow birch. and to help the region mitigate and ‘‘Climate really matters to our busi- I sure hope Secretary Purdue will adapt to those effects. ness,’’ said Kim Nelson, of General come to Rhode Island and meet our In Wisconsin, Victor Cabrera, an as- Mills. ‘‘We fundamentally rely on fishermen. Chris Brown is the owner of sistant professor in the University of Mother Nature.’’ The choices we make Brown Family Seafood and the presi- Wisconsin-Madison Dairy Science De- to protect or forsake our climate, she dent of the Rhode Island Commercial partment, says that higher summer Fishermen’s Association. He has fished temperatures and increasing drought said, will be ‘‘important to the long- in the waters of Rhode Island Sound for will interfere with both livestock fer- term viability of our company and our years: ‘‘We used to come right here and tility and milk production, and dairy industry.’’ catch two, three, four thousand pounds cows could give as much as 10 percent Paul Bakus, of Nestle, agreed, saying [of whiting] a day, sometimes 10,’’ he less milk. Secretary Perdue’s own De- that climate change ‘‘is impacting our told the New York Times. But the partment of Agriculture predicts that business today.’’ His company cans whiting have moved north to cooler by 2030 climate change will cost the pumpkins under the Libby’s brand. United States’ dairy sector between $79 They have seen pumpkin yields crash waters. ‘‘Climate change is going to million and $199 million per year in in the United States. Mr. Bakus told make it hard on some of those species lost production. us: ‘‘We have never seen growing and that are not particularly fond of warm South Dakota State University pro- harvesting conditions like this in the or warming waters,’’ Chris said. fessor Mark Cochrane is working with Midwest.’’ And he is not alone. I have been told the Forest Service to better under- Chief sustainability officer for the by other fishermen that it is getting stand how a changing climate is affect- Mars Corporation, Barry Parkin, was weird out there in Rhode Island’s ing our forests. Professor Cochrane re- blunter in his assessment: ‘‘We are on a waters, that this is not our grand- ported: ‘‘Forest fire seasons worldwide path to a dangerous place.’’ fathers’ ocean. These changes are seri- increased by 18.7 percent due to more Greg Page, the former CEO of Cargill, ous for this industry. rain-free days and hotter tempera- has publicly stated that climate So I hope Secretary Perdue will hear tures.’’ change must be addressed to prevent the message of our farmers, foresters, Secretary Perdue could travel to future food shortages. Specifically, he ranchers, and fishermen. They are Iowa and hear from Gene Takle, an said: sending this message loud and clear. Iowa State University professor of U.S. production of corn, soybeans, wheat, Climate change is happening now, and agronomy and geological and atmos- and cotton could decline by 14 percent by they count on us to face the challenge. pheric sciences, who told a United Na- mid-century, and by as much as 42 percent The problem, of course, is the fossil tions conference recently that climate by late century. From an agricultural stand- fuel-funded denial machine that has so change is already affecting Iowa farm- point, we have to prepare ourselves for a dif- much influence over the Republican ferent climate than we have today. ers. ‘‘This isn’t just about the distant Party in Congress today. That fossil future,’’ he said. At Iowa State’s In advance of the Paris climate con- fuel-funded denial machine will do its Leopold Center for Sustainable Agri- ference, the heads of Mars, General best to change the subject, to muddy culture, Secretary Perdue could also Mills, Nestle USA, Unilever, Kellogg the waters, to create artificial doubt, hear about what the center calls ‘‘ag- Company, New Belgium Brewing, Ben and to use its anonymous dark polit- gravated and unpredictable risk that & Jerry’s, Cliff Bar, Stonyfield Farm, ical money to break up and thwart any will challenge the security of our agri- Danone Dairy, PepsiCo, Coca-Cola, signs of progress, but all the dark cultural and biological systems.’’ Hershey, and Hain Celestial signed a money in the world can’t change the I am from the Ocean State. So let’s public letter—this one here—that said: things that Iowa farmers, Wyoming turn to the oceans, where the National Climate change is bad for farmers and agri- ranchers, South Dakota forest man- Climate Assessment predicts: ‘‘Fishing culture. Drought, flooding, and hotter grow- agers, and Rhode Island fishermen see. costs are predicted to increase as fish- ing conditions threaten the world’s food sup- If this body—if our Republican eries transition to new species and as ply and contribute to food insecurity. friends here—will not listen to Mars processing plants and fishing jobs shift They continued: Corporation, to General Mills, to Nes- poleward.’’ In the Pacific Northwest, Now is the time to meaningfully address tle USA, to Unilever, to Kellogg, to ocean acidification caused a 70-percent the reality of climate change. . . . We are Coke and Pepsi and Hershey, it is real- loss of oyster larvae from 2006 to 2008 ready to meet the climate challenges that ly time to wake up. at an oyster hatchery in Oregon. Wild face our businesses. Mr. President, I yield the floor. oyster stocks in Washington State These big, successful companies don’t I suggest the absence of a quorum. have failed as weather patterns have take climate change lightly, and nei- The PRESIDING OFFICER (Mr. brought more acidic water to the ther do our farmers, loggers, ranchers, PERDUE). The clerk will call the roll. shore. This is an industry worth about and fishermen. The senior assistant legislative clerk $73 million annually. So we ought not In South Carolina, farms that have proceeded to call the roll. to laugh this off. been in families for generations, like Mr. MORAN. Mr. President, I ask In Alaska, the University of Alaska that of Representative MARK SAN- unanimous consent that the order for has an Ocean Acidification Research FORD’s, are under threat from climate the quorum call be rescinded.

VerDate Sep 11 2014 00:15 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.030 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2586 CONGRESSIONAL RECORD — SENATE April 27, 2017 The PRESIDING OFFICER. Without pass legislation. Most of those efforts employees from conflicts of interest, objection, it is so ordered. were with the Senator from Con- and improving manager training. Mr. MORAN. Mr. President, I ask necticut, Mr. BLUMENTHAL, and we We have a duty. Of all people in this unanimous consent that I be allowed to passed some legislation unanimously country, whom should we pay respect address the Senate as in morning busi- here in the Senate. That legislation in- and honor to? Whom should we care ness. creases the accountability of the De- for? For whom should we make certain The PRESIDING OFFICER. Without partment of Veterans Affairs to make we live up to the commitments that objection, it is so ordered. certain that senior VA executives and were made? One would think that those INCREASING THE DEPARTMENT OF VETERANS certain healthcare employees con- who served in our military, who pro- AFFAIRS ACCOUNTABILITY TO VETERANS ACT victed of a felony do not receive the tected our freedoms and liberties are Mr. MORAN. Mr. President, this same benefits as those who diligently the ones we would put on a high ped- afternoon, the President will be signing and honorably serve our Nation’s vet- estal and make sure everything pos- an Executive order to increase ac- erans. sible to protect them is done. countability within the Department of Not as an aside but as a separate sen- We have a duty to taxpayers, as well, Veterans Affairs. For several years, I tence, let me take this moment to say to make sure funds are not going to have been calling on the VA to hold thank you to those people within the employees who are convicted of crimes bad actors within the VA accountable. Department of Veterans Affairs who against those veterans that they are In my view, in too many instances, conscientiously care for and fulfill charged to protect and to serve. that has not occurred. There are far their responsibilities to our Nation’s There have been a number of VA too many examples of those who com- veterans each and every day. How sad- scandals, corruption, and illegal activ- mit wrongdoing while working at the dening it must be that they have to ity in nearly every State. Whether it VA, and even crimes against veterans work side by side with people who com- has been a secret wait-list in a hospital and other VA employees have occurred mit crimes—and other failures for our that delayed critical care, opioid over- without any consequence. veterans—and receive no consequence medication that led to death or suicide, On his first day in office, I wrote the for that behavior. or physical abuse and neglect, crimes President urging him to make account- We want to protect our veterans. We must come to an end. There must be ability within the Department of Vet- also want to make sure that those who accountability for us to be able to say erans Affairs one of his top priorities. work at the Department of Veterans we are doing everything possible to We see too many examples, and unfor- Affairs know that their profession is bring those crimes to an end. tunately one of those examples—one of honorable and that they are doing the This legislation is an important step those egregious examples—is in my right thing. It is difficult to reach that in making the VA worthy of the serv- home State of Kansas, where we face a conclusion when surrounded by individ- ice of those who have sacrificed for this terrible example of a VA employee vio- uals who have not fulfilled that respon- Nation. Given the previous unanimous lating the trust of veterans. Yet the sibility. support, I can’t imagine—I hope there VA seems to have no real sense of ur- In light of the situation with Mr. is no reason this legislation should not gency in holding this person account- Wisner—and other cases of wrongdoing again pass today. I call upon my col- able or committing to fix the process so awful that they have been found leagues in the U.S. Senate to stand by which he got into the position that guilty of a felony—we will not tolerate with me and Senator BLUMENTHAL and he could commit the acts he did. crimes against veterans that cause others as we work to make certain the In 2015, we learned from local news- harm to their personal safety or that VA is a department worthy of the vet- paper reports—not from the VA—that a involve corrupt, backroom dealings erans it serves. physician’s assistant at the Leaven- with senior VA executives. Mr. President, I yield the floor. worth VA hospital had been sexually That legislation passed the U.S. Sen- I suggest the absence of a quorum. abusing veterans. Shortly after that ate on the final day of our session last The PRESIDING OFFICER. The news broke, Leavenworth County pros- year. It passed unanimously. Unfortu- clerk will call the roll. ecutors charged this individual with nately, that legislation did not then The senior assistant legislative clerk multiple counts of sexual assault and pass the House of Representatives, de- proceeded to call the roll. abuse against numerous veterans. He is spite what we were told was significant Mr. ALEXANDER. Mr. President, I currently awaiting trial. support for it. It just didn’t work in the ask unanimous consent that the order The stories continue to come into schedule. So today I am back on the for the quorum call be rescinded. our office and to the prosecutor about Senate floor. A hotline request is pend- The PRESIDING OFFICER. Without other victims. Veterans who sought ing in which we ask—I ask—that legis- objection, it is so ordered. services at the VA—the place they lation unanimously passed by the U.S. Mr. ALEXANDER. Mr. President, I would expect to be cared for, respected, Senate on the final day of the previous ask unanimous consent to speak as in and the place they certainly should session would pass today. That will morning business. find safe—found something exactly the then give the House of Representatives The PRESIDING OFFICER. Without opposite. the time and the mechanics to see that objection, it is so ordered. As the story unfolded, we learned this legislation becomes law. Mr. ALEXANDER. Mr. President, that Mr. Wisner—the person now In fact, the very first piece of legisla- later this afternoon the Senate will charged with crimes—targeted vulner- tion I introduced in this session, the vote on the President’s nomination of able veterans suffering from PTSD, 115th, was Increasing the Department Alexander Acosta to serve as the U.S. post-traumatic stress syndrome; he of Veterans Affairs Accountability to Secretary of Labor. Mr. Acosta has ex- prescribed opioids that inhibited their Veterans Act of 2017. We today call for cellent credentials and is well qualified thinking, and he used his position to its swift passage. I am hopeful this leg- for the position. He understands that a deepen their wounds of war rather than islation will provide an ounce of justice good-paying job is critical to helping to heal them. to those victims who have suffered at workers realize the American dream Although Mr. Wisner is now beyond the hands of this VA employee, and I for themselves and for their families. the reach of the VA, he and others like call on my colleagues to once again After immigrating to the United him who fail our veterans are not be- stand with me in passing this legisla- States from Cuba, Mr. Acosta’s parents yond the reach of Congress. It is ridicu- tion. worked hard to create more opportuni- lous that taxpayers continue to fund In addition to the issues of account- ties for their son. Alexander Acosta be- pensions of VA senior executives and ability of wrongdoing employees of the came the first person in his family to personnel convicted of crimes that Department, this legislation also has go to college, and from there he has harmed our Nation’s veterans when additional provisions. Those provisions had quite an impressive career. they should have been serving and car- include holding VA leaders accountable He has already been confirmed by the ing for them. for Department mismanagement, hir- U.S. Senate three different times: He In the last Congress, we led signifi- ing well-qualified people and address- served as a Republican member of the cant efforts to develop, introduce, and ing employee performance, preventing National Labor Relations Board, he

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The International Franchise Mr. Acosta’s most recent role was Warehouse Logistics Association; Invest- Association said, ‘‘Franchise owners serving as dean of Florida Inter- ment Casting Institute; ISSA—The World- around the country are facing a great national University’s law school. The wide Cleaning Industry Association; Labor- deal of regulatory uncertainty as a re- school’s president told the Miami Her- ers’ International Union of North America; sult of the wreckage created by the ald recently, ‘‘Alex has a destiny in The Latino Coalition; Leading Builders of previous administration’s out-of-con- America; League of United Latin American public service. . . . He’s a person of in- Citizens; The Linen, Uniform and Facility trol Department of Labor. Mr. Acosta’s tegrity, conscientious, thoughtful, he Services Association (TRSA); Manufacturer exemplary record handling labor issues doesn’t overreach.’’ & Business Association; Metal Powder Indus- as a member of the NLRB has shown On March 22, Mr. Acosta had a hear- tries Federation; Metals Service Center In- the appropriate balance needed to pro- ing in the Senate Labor Committee stitute; Michigan Manufacturers Associa- tect the interests of employees and em- that lasted two and a half hours. Fol- tion; Miles Sand & Gravel; Missouri Associa- ployers.’’ lowing his hearing, he answered 380 fol- tion of Manufacturers; MMC Materials, Inc.; The National Federation of Inde- Montana Retail Association. low-up questions for the record—604 Motor & Equipment Manufacturers Asso- pendent Business said, ‘‘Alexander questions if you count the sub-ques- ciation (MEMA); MSPA Americas; National Acosta is an experienced public servant tions. Then, on March 30, our com- Association of Home Builders; National As- with a distinguished record. His knowl- mittee approved Mr. Acosta’s nomina- sociation of Manufacturers (NAM); National edge of labor issues and his service as tion, readying the nomination for con- Association of Printing Ink Manufacturers U.S. Attorney make him an especially sideration by the full Senate. (NAPIM); National Association of Profes- strong candidate to take on the en- Mr. President, I ask unanimous con- sional Employer Organizations; National trenched bureaucracy, which has im- Automobile Dealers Association; National posed unbelievably severe and costly sent to have printed in the RECORD a Christmas Tree Association; National Club list of 140 groups, which includes busi- Association; National Council of Chain Res- regulations on small business in the re- ness groups and labor unions, which taurants; National Federation of Inde- cent years.’’ support Mr. Acosta’s nomination. pendent Business. The National Retail Federation said, There being no objection, the mate- National Franchisee Association; National ‘‘Mr. Acosta’s diverse experiences in rial was ordered to be printed in the Grocers Association; National Lumber and both public service and the private sec- Building Material Dealers Association; Na- RECORD, as follows: tor position him well to be an effective tional Oilseed Processors Association; Na- and pragmatic leader at the Depart- 140 GROUPS THAT SUPPORT MR. ACOSTA’S tional Precast Concrete Association; Na- NOMINATION tional Ready Mixed Concrete Association; ment of Labor.’’ Aeronautical Repair Station Association; National Restaurant Association; National Why is this nomination so impor- Air Conditioning Contractors of America; Retail Federation; National Roofing Con- tant? In his new book, New York Times Alaska Chamber; Alliance of Wyoming Man- tractors Association; National Stone, Sand & columnist Thomas Friedman uses the ufacturers; American Apparel & Footwear Gravel Association; National Wooden Pallet term ‘‘Great Acceleration’’ for all of Association; American Bakers Association; and Container Association; Nebraska Cham- the technological, social, environ- American Beverage Association; American ber of Commerce & Industry; Nevada Manu- mental, and market changes simulta- Coatings Association; American Coke and facturers Association; New Mexico Business neously sweeping across the globe and Coal Chemicals Institute; American Con- Coalition; North American Building Trades crete Pressure Pipe Association; American Union; North American Concrete Alliance; argues that we are now ‘‘living through Fiber Manufacturers Association; American Pennsylvania Manufacturers’ Association; one of the greatest inflection points in Fire Sprinkler Association; American Plastics Industry Association; Port Aggre- history’’ as a result. Add Ball State Foundry Society; American Fuel & Petro- gates, Inc.; Precast/Prestressed Concrete In- University’s finding that automation is chemical Manufacturers; American Home stitute; Private Care Association. responsible for the loss of 88 percent of Furnishings Alliance; American Hotel & Puerto Rico Manufacturers Association; our manufacturing jobs. Add Lodging Association; American Iron and Retail Industry Leaders Association; Rhode globalization. Add social, cultural, cli- Island Manufacturing Association; San Jose Steel Institute; American Moving & Storage mate changes, and terrorism, and you Association; American Staffing Association; Police Officers’ Association; Seafarers Inter- American Supply Association; American national Union of North America; Sergeants get a big mismatch between the change Trucking Associations; AmericanHort; Benevolent Association, Police Department, of pace and the ability of the average Americans for Tax Reform; Argentum. City of New York; Shipbuilders Council of American worker to keep up and fit in Arizona Chamber of Commerce and Indus- America; Sioux Corporation; Small Business the accelerating forces shaping the try; Arizona Manufacturers Council; Arkan- & Entrepreneurship Council; SNAC Inter- workplace. sas State Chamber/Associated Industries of national; The Society of Chemical Manufac- Earlier this year, after a group of Arkansas; Asian American Hotel Owners As- turers and Affiliates; Society for Human Re- senators listened to a group of sci- sociation; Associated Builders and Contrac- source Management; South Carolina Cham- entists talk about the advances in arti- tors, Inc.; Associated Equipment Distribu- ber of Commerce; Southeastern Lumber tors; Associated General Contractors of Manufacturers Association; Specialty Equip- ficial intelligence, one Senator asked, America; Associated Industries of Missouri; ment Market Association; Spurlino Mate- ‘‘Where are we all going to work?’’ Auto Care Association; Brick Industry Asso- rials. Tom Friedman says that probably ciation; Can Industry Association; Center for Technology & Manufacturing Association; the most important governance chal- Worker Freedom; Coalition of Franchisee Texas Assocation of Business; Texas Associa- lenge is a great need ‘‘to develop the Associations; Colorado Association of Com- tion of Manufacturers; Tile Roofing Insti- learning systems, training systems, merce and Industry (CACI); Council of Indus- tute; Tree Care Industry Association; Truck management systems, social safety try of Southeastern New York; Corry & Asso- Renting and Leasing Association; United nets, and government regulations that Brotherhood of Carpenters and Joiners; ciates; Delta Industries, Inc. would enable citizens to get the most Fabricators and Manufacturers Associa- United Motorcoach Association; U.S. Cham- tion, International; The Fertilizer Institute; ber of Commerce; United States Hispanic out of these accelerations and cushion Franchise Business Services; Georgia Asso- Chamber of Commerce; The Vinyl Institute; their worst impacts.’’ ciation of Manufacturers; Global Cold Chain Water & Sewer Distributors of America; One of the federal government’s chief Alliance; Harsco; Heating, Air-conditioning Wine & Spirits Wholesalers of America; actors in this drama should be the U.S. & Refrigeration Distributors International Workforce Fairness Institute. Secretary of Labor. In fact, as many (HARDI); Hispanic National Bar Association; Mr. ALEXANDER. Mr. President, the have suggested and the House of Rep- Hispanic Leadership Fund; HR Policy Asso- supporters include the U.S. Chamber of resentatives has done, the title of the ciation; INDA, The Association of the Commerce, the National Retail Federa- job for which Alexander Acosta has Nonwoven Fabrics Industry; Independent tion, the National Federation of Inde- Electrical Contractors; Independent Lubri- been nominated should be changed to cant Manufacturers Association; Insured Re- pendent Business, the National Asso- the Secretary of Workforce, not Sec- tirement Institute; International Associa- ciation of Manufacturers, the Inter- retary of Labor. tion of Bridge, Structural, Ornamental and national Franchise Association, the Labor union membership in the pri- Reinforcing Iron Workers; International As- Associated Builders and Contractors, vate sector today is down to less than

VerDate Sep 11 2014 00:15 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.032 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2588 CONGRESSIONAL RECORD — SENATE April 27, 2017 7 percent. The issue for workers today franchisees to own and operate those of the time, the minority never filibus- is not whether they belong to a union. stores. A Republican majority at the tered to death a single presidential It is whether they have the skills to National Labor Relations Board can nominee. The practice in the Senate adapt to the changing workplace and start undoing the damage caused by since the Senate’s beginning has been to find and keep a job. To be accurate, this harmful decision. that the President nominates and the to create and keep a job. My genera- Then, there is the fiduciary rule, Senate decides by majority vote wheth- tion found jobs. This generation is which is going to make it too expensive er to approve the nomination. Why are more likely to have to create their own for the average worker to obtain in- we having these cloture votes? We are jobs. vestment advice about retirement ben- getting into more and more of a dif- In his inaugural address, President efits—again making it harder, not easi- ficult situation with these votes. It is a Trump said he heard ‘‘forgotten men er, to adjust to the changing world of bad habit and both sides, Republicans and women’’ who are struggling to work. The Department of Labor under and Democrats, have caused the prob- keep up and fit into today’s changing the Trump administration has delayed lem. world: ‘‘[F]or too many of our citizens, this rule for 60 days, until June 9, 2017. During the Obama administration, a different reality exists: mothers and Some parts of the rule are delayed over the 8 years, there were 173 cloture children trapped in poverty in our until January 1, 2018. votes on nominations, and I voted to inner cities; rusted out factories scat- One rule after another from the invoke cloture 41 of those times. For 10 tered like tombstones across the land- Obama administration has stacked a of those nominees, I voted to end de- scape of our nation . . . ‘’ That is what big wet blanket of costs and time-con- bate so that their nomination could President Trump said in his inaugural suming mandates on job creators, caus- have an up or down vote even though I address. ing them to create fewer jobs. opposed their confirmation. Ten days earlier, in his farewell ad- The Equal Employment Opportunity No one has ever disputed our right in dress, President Obama said he, too, Commission’s EEO–1 form will require the Senate, regardless of who was in heard those same voices: ‘‘[T]oo many employers to provide to the govern- charge, to use our constitutional duty families, in inner cities and in rural ment 20 times as much information as of advice and consent to delay and ex- counties, have been left behind . . . if they do today about how they pay amine, sometimes causing nominations we don’t create opportunity for all peo- workers. Earlier this month, the Sen- to be withdrawn or even defeating ple, the disaffection and division that ator from Kansas, Senator PAT ROB- nominees by a majority vote. has stalled our progress will only ERTS, and I asked the Office of Manage- What I would like to suggest today is sharpen in years to come. . . . ‘’ ment and Budget to rescind this time- that if we continue the trend of requir- That was President Obama. wasting mandate. ing cloture votes on presidential nomi- What can we do about this? The most There is the ridiculously complex 108- nees—cabinet members and others— important thing is to work with em- question FAFSA, the federal aid appli- that may work fine as long as we have ployers and community colleges and cation form that 20 million families fill a president and a Senate of the same technical institutes and find ways to out every year as students go to col- political party, but if we have a presi- increase the number of Americans lege. It turns away from college many dent and a Senate of different political earning post-secondary certificates and of the very students who most need to parties and everybody has become ac- two-year degrees or more. adjust to this changing world. customed to voting no on cloture, to Georgetown University’s Center on The Affordable Care Act defined full- requiring a cloture vote and voting no, Education and the Workforce says that time work as only 30 hours, forcing em- the Senate may never be able to con- by 2020—3 years from now—65 percent ployers to cut their workers’ hours or firm any cabinet members or any sub- of the jobs in this country will require reduce hiring altogether in order to es- cabinet members when the Senate and some college or more. And at the rate cape the law’s mandate and its the president are of different political we are going, Georgetown predicts the unaffordable penalties. parties. United States will lack 5 million work- Many of these rules, like the per- I would suggest to my friends on the ers with an adequate post-secondary suader rule, which chills the ability of other side of the aisle that the Senate education by 2020. employers to retain legal advice during is a body of precedent, and I think it Unfortunately, too many of the fed- union organizing activities, seemed de- would be wise for us to stop and think, eral government’s actions over the last signed for the purpose of strengthening as we proceed, about whether it is wise few years have made it harder for the membership and the power of labor to require cloture votes for presidential American workers to keep up, to adjust unions. nominees. Why don’t we simply go to the changing world, and to create, We are fortunate to have a nominee ahead and approve them or not approve find, or keep a job. in Mr. Acosta who can use his good them by majority vote? President Obama’s Department of judgment to reevaluate labor policies We have an excellent nominee in Mr. Labor issued 130 percent more final that make it much harder to create Acosta. We are fortunate that someone rules than the previous administra- jobs and to find jobs. of his intelligence and experience is tion’s labor department. Overall, the We know that Mr. Acosta has support willing to serve as our U.S. Secretary Obama Administration issued an aver- from members of both political parties, of Labor. I look forward to voting for age of 85 major rules. These are rules and that raises a question for me: Why and to the Senate approving his con- that may have an impact of $100 mil- did the Senate yesterday have to vote firmation later today. lion or more a year on the economy. to invoke cloture on Mr. Acosta’s nom- I yield the floor. Eighty-five major rules a year. Presi- ination? The vote was bipartisan, with Mr. VAN HOLLEN. Mr. President, I dent Bush, on the other hand, averaged 61 senators voting to end debate so Mr. oppose the nomination of Alexander about 62 a year. That is a 37-percent in- Acosta could have had an up or down Acosta to be Secretary of the Depart- crease under President Obama. vote. He could have been approved by ment of Labor. Take the overtime rule. In my state, majority vote yesterday. That has been Our Nation’s Labor Secretary has a its costs would add hundreds of dollars the tradition in the U.S. Senate for 230 responsibility to protect the safety and per student in college tuition and it years. There never has been a Cabinet legal rights of the American workforce. would force small businesses across the member denied his or her position by From prosecuting civil rights viola- country to reduce the jobs that provide requiring them to get more than 51 tions to monitoring workplace safety, the stability that families need. This votes. There have been some cloture the Department of Labor ensures fair rule has been delayed by the courts votes for delay or to take some extra treatment. The Labor Secretary must until at least June 30th of this year. time, but no one has ever been denied also evaluate our economy and advo- Take the so-called joint employer the position by requiring more than 51 cate for fair and equal pay and benefits policy. This is a policy that affects votes. for American workers. The Department franchising and makes it more likely During most of the 20th century, provides the data and expertise for pol- that a parent company will own and when one party controlled the White icymakers, employers, and workers to operate its stores instead of allowing House and the Senate seventy percent make economic decisions.

VerDate Sep 11 2014 00:15 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.034 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2589 Unfortunately, Mr. Acosta’s testi- cent. The middle class is shrinking. May 9 to protect the pensions of not mony on these points at his confirma- There are 43 million Americans living only 90,000 coal miners throughout this tion hearing was disappointing. He in poverty, and the very wealthy are country, but the retirement benefits of would not commit to support updating getting wealthier. 10 million workers in multiemployer overtime rules to make sure that em- In the midst of all that, my Repub- pension plans—10 million workers. ployees get fair pay for the hours they lican colleagues and President Trump Over 40 years ago, the Federal Gov- work. He would not commit to are desperately trying to provide hun- ernment made a solemn commitment prioritize closing the gender pay gap. dreds of billions of dollars in tax to the workers of this country. If a re- He would not commit to keeping work- breaks for the top 1 percent and cut tiree is promised a certain pension ben- place safety inspectors on the job. back on programs that working fami- efit after a lifetime of hard work, a Moreover, when Mr. Acosta led the lies desperately need, whether it is Pell company could not renege on that Civil Rights Division of the Depart- grants to make it easier for kids to go promise. Making that commitment 40 ment of Justice during the George W. to college, whether it is afterschool years ago was exactly the right thing Bush Administration, the GAO re- programs, whether it is the Meals on to do. When someone works for their ported that there was a ‘‘significant Wheels program, whether it is afford- entire life, when they give up pay drop in the enforcement of several able housing, or whatnot—tax breaks raises, when they work overtime, when major antidiscrimination and voting for billionaires, cutbacks on programs they work weekends in order to make rights laws.’’ The Secretary of Labor that people desperately need. sure that he or she has a secure retire- must be a vigilant defender of the The American people will not regain ment, it is absolutely unacceptable to rights of workers. confidence in the U.S. Congress unless pull the plug from that worker’s ben- In a Cabinet where too many depart- we keep promises that were made to efit. ment heads are looking out for million- them. Today I want to talk about Guarantees were made, and those aires and billionaires, we need a Sec- promises that were made to coal min- guarantees must be kept. This is not retary of Labor who will look out for ers. For decades, coal miners contrib- the negotiating of wage increases. This the American worker. I am not con- uted to their pension funds with the is not the negotiating of overtime. This vinced that Mr. Acosta will do that job. promise that when they retired, they is a promise made to workers and paid The PRESIDING OFFICER. The Sen- would receive a pension and retiree for by workers, which simply cannot be ator from Vermont. health benefits that would last for a nullified if people are to have any faith COAL MINER PENSION AND RETIREE HEALTH lifetime. Those were the promises to in our political system. BENEFITS the people who went underneath the But more than 2 years ago behind Mr. SANDERS. Mr. President, it is ground, who worked incredibly dif- closed doors, a provision was slipped no great secret that the American peo- ficult jobs, who died of black lung dis- into a must-pass spending bill that now ple do not have a great deal of con- ease or a myriad of other diseases or makes it legal to cut the pension bene- fidence in their government. It is no se- injuries. Promises were made to those fits of about 10 million workers and re- cret that the American people think workers, and those promises were bro- tirees in multiemployer pension plans. the Congress is way out of touch with ken. As a result, retirees all over this coun- their needs and aspirations. In fact, If Congress does not act by tomor- try are waking up to the unacceptable just confirming that point, a recent row, the retiree health benefits of more reality that the promises made to them poll appeared in the Washington Post than 22,000 coal miners will be elimi- could be broken and that the pension and ABC News, and it found that 58 nated. We cannot allow that to happen. benefits they are receiving today may percent of the American people believe It is not only unfair to the retired coal soon be cut by 30, 40 or even 65 percent. that President Trump is out of touch miners and their families, it once again What this means is that retirees who with the concerns of most people in the will tell the American people that they are currently receiving a pension ben- United States today; 62 percent of the cannot trust their government. Prom- efit of $18,000 a year are in danger of American people believe that the Re- ises were made, but they were not car- seeing their benefits cut by $3,843, a 21- publican Party is out of touch with the ried out. percent cut. Retirees who are currently concerns of most people in the United My understanding is that an agree- receiving a pension benefit of $36,000 a States; and 67 percent of the American ment to protect these retiree health year could see their pension benefits people believe that the Democratic benefits may be included in the con- cut by up to $21,000, a 60-percent cut. Party is out of touch with the concerns tinuing resolution to keep the govern- In other words, tens of thousands of of most people in the United States ment from shutting down. As I have retirees all over this country who today. Those are numbers that should walked the hallways here in the Sen- today are in the middle class, who cause a great deal of concern to Mem- ate, I have met with members, retirees worked hard their entire lives, who bers of the Senate and the House, to of the United Mine Workers, who have gave up on wage increases, who worked Democrats and Republicans, to every- been back here week after week after overtime in order to protect those pen- body. week, and I applaud them for their per- sions may be seeing significant reduc- I think one of the reasons is that sistence. tions in what they anticipated. We are there is a world outside of Capitol Hill Let us hope that, in fact, the con- talking about retirees who will no where people are in pain; where people tinuing resolution does contain an longer be able to pay their mortgages. are working longer hours for lower agreement to protect those retiree We are talking about retirees who will wages; where people are scared to health benefits. It is absolutely imper- not be able to pay their utility bills. death about facing retirement because ative that the agreement contain those We are talking about families who may they have, in many cases, no money in benefits and that those promises be have to go on food stamps to feed their the bank; where people today are pay- kept. families after working their entire ing 40 percent, 50 percent of limited in- Even if we do put that provision in lives. That is unconscionable. We can- comes for affordable housing; where the CR, it still does not address an- not allow that to happen. single moms can’t afford childcare for other problem faced by retirees in the In my view, we have to send a very their kids; where young people can’t af- coal industry and retirees all over the loud and very clear message to the Re- ford to go to college; where other peo- country, and that is the fact that we publican leadership in Congress and to ple are leaving college deeply in debt. are doing nothing to protect the pen- the President of the United States, and And all of that is taking place within sion benefits of coal miners and tens that is when a promise is made to the the context of almost all new wealth and thousands of other workers. This is working people of this country with re- and income going to the top 1 percent. an issue that is of major crisis propor- spect to their pensions and retiree We have the absurd situation today tions all across this country, and it is health benefits, that promise must be where the top one-tenth of 1 percent an issue that must be addressed. That kept. owns almost as much wealth as the is why I am a proud cosponsor of the Today, about 150 multiemployer pen- bottom 90 percent, and 52 percent of all Miners Protection Act. That is also sion plans are in trouble financially, new income is going to the top 1 per- why I will be introducing legislation on but let’s be clear. The retirees are not

VerDate Sep 11 2014 00:15 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.003 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2590 CONGRESSIONAL RECORD — SENATE April 27, 2017 the reason these pension plans are The bill clerk proceeded to call the the process of the regulations that af- struggling financially. The reason roll. fect them. The government should not many of these pension plans are in Mr. LANKFORD. Mr. President, I ask be their enemy. The government trouble is because of the greed, reck- unanimous consent that the order for should be their ally. It should be the lessness, and illegal behavior on Wall the quorum call be rescinded. way to make sure that we have fair Street that drove this country into the The PRESIDING OFFICER. Without rules, that everyone has a consistent worst recession since the Great Depres- objection, it is so ordered. set of guidelines and that those guide- sion of the 1930s. Let us never forget, REGULATORY REFORM AND THE BUDGET lines don’t change all the time. when the largest financial institutions PROCESS Before this year, there had been only were on the verge of collapse 7 years Mr. LANKFORD. Mr. President, one time in the past decade that the ago, it was the taxpayers of this coun- there is a lot of conversation about all Congressional Review Act was used. try who bailed them out. I didn’t vote that is moving this week in the Senate for it, but a majority of the Members of and the House and the executive The Congressional Review Act was ac- Congress did. branch. There is a lot of conversation tually due to a fellow Oklahoman Congress gave Wall Street some $700 about 100 days. It is somewhat of a named Don Nickles who, in the Senate billion in financial assistance. The look back, and it is reasonable for years ago, passed a simple piece of leg- Federal Reserve provided $16 trillion in Americans to be able to look back and islation to say that if a regulation is virtually zero-interest loans to every say the beginning of a new Presidency promulgated by an administration— major financial institution in this or the beginning of a new session of any administration—that is not con- country and to foreign banks through- Congress has begun and what has al- sistent with the desires of Congress, out the world because they were, as we ready happened. There has been quite a that Congress can pull it back out in will all recall, too big to fail. If Con- bit that has actually happened, but let the first few days after it was passed, gress can bail out Wall Street, if Con- me highlight one specific area. I want and most of the time, it is legislative gress can bail out foreign banks, we to highlight an area that has moved days—it is actually months in calendar have to protect the pension benefits of and to, quite frankly, highlight an area time. In the first few months it is in American workers. that has not. existence, Congress can pull that regu- The legislation that I will be reintro- What has moved has been a lot of lation out and look at it and say: Is ducing on May 9 would prevent the re- conversation about regulation. When I this consistent with what Congress tirement benefits of about 10 million walked into Congress just a few years passed? If it is not, Congress would workers and retirees from being cut by ago, I had a lot of people in my State have a fast-track process to be able to repealing the anti-pension rider that who would catch me and ask for one look at it and say: This is inconsistent was included in an appropriations bill 2 specific thing. They said: I don’t want with what Congress desired when it years ago. It establishes an emergency anything other than to make it stop. passed the law; that it had to go fund within the Pension Benefit Guar- Because every time they get news, through the House, the Senate, and anty Corporation to make sure that every time they open up something then to the White House to be signed. multiemployer pension plans can con- from an association or try to be able to That has happened only one time. tinue to provide every pension benefit track something, all they got was a In the past few months, Congress has owed to every eligible American for new regulation. Some of them were passed now 13 Congressional Review decades to come. large and some small, but it seemed Acts—13 different reviews of different It is fully paid for by closing two tax like every time they opened the mail, loopholes that allow the wealthiest they had a new requirement from some regulations that were put down by the Americans in this country to avoid entity they had never heard of, 1,000 previous administration in their final paying their fair share of taxes. Closing miles away, telling them how to oper- months, some of them in their final these loopholes will allow us to protect ate their business or to submit some days of—the administration—an ad- the earned pension benefits of every new form. Whether they are a school or ministration that lasted 8 full years. worker and retiree in multiemployer a hospital or a small business or a These were the things they crammed pension plans in this country. large business, whether they are doing into the very end, what are called mid- At a time of massive wealth and in- manufacturing or are service-oriented night regulations. Those regulations come inequality, when half of all older or technology, the flood of regulations cost billions of dollars, and some had workers have no retirement savings at coming out of Washington, DC, caused very little review. Thirteen different all, when 20 percent of seniors are liv- people around my State to say: Make it times this Congress has pulled those ing on less than $13,000 a year, we have stop; we are trying to catch up. And out. It is literally billions of dollars in to do everything we can to protect and literally they are hiring more people regulations that were laid on the econ- expand the fine pension benefit plans in for compliance than they are to actu- omy and millions of hours of work on America. ally do what their business is designed people filling out compliance forms and I look forward to the support of my to do. At some point, they want to hire submitting things to Washington, DC, colleagues for this important legisla- somebody to actually do their business. that most likely no one will ever read. tion. A dramatic shift happened starting Those thirteen bills that have now Mr. President, I yield the floor. January 20 of this year when the ad- been signed into law have helped free I suggest the absence of a quorum. ministration stepped in and for a mo- up our economy, and it has started a The PRESIDING OFFICER (Mr. CAS- ment said: Pause on regulations. And process that is very simple: What do we SIDY). The clerk will call the roll. literally the Nation could take a deep do to make sure that we have good reg- The legislative clerk proceeded to breath. They didn’t turn anything ulations as a nation, that they stay call the roll. back. They didn’t turn anything off. consistent and have the maximum America didn’t become less safe. They Mr. MERKLEY. Mr. President, I ask number of people involved? unanimous consent that the order for asked a simple question: How can peo- the quorum call be rescinded. ple actually get involved in the proc- The administration has also laid out The PRESIDING OFFICER. Without ess? And before a regulation comes out, something that many called a radical objection, it is so ordered. we make sure that it is, No. 1, con- idea; that is, for every one regulation (The remarks of Mr. MERKLEY per- sistent with the law, and No. 2, that that goes in, an agency would pull two taining to the introduction of S. 987 are the people who are affected by it actu- out; to go back and review old regula- printed in today’s RECORD under ally get a chance to raise their hands tions and say: Are there other regula- ‘‘Statements on Introduced Bills and and say: When you do a regulation, tions that need to come out? For those Joint Resolutions.’’) make sure you consider this. who have called this a radical idea, I Mr. MERKLEY. I suggest the absence It doesn’t seem unreasonable. If we have had to smile and say: You realize of a quorum. are going to be a nation of the people, the United Kingdom has done that for The PRESIDING OFFICER. The by the people, and for the people, it is years. Canada has done that for years. clerk will call the roll. a good idea to have people involved in Australia has done that for years.

VerDate Sep 11 2014 00:15 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.037 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2591 It is not a radical, crazy idea; it is a the people who are affected the most— ing to correct with another piece of simple statement to say that when reg- like in my State of Oklahoma, where 97 legislation is just on using best ulations go in, we need to have consid- percent of the businesses are small science, just requiring agencies, when eration for those who are already regu- businesses—that those folks actually they make a decision about something lated and say: Are we burying them in get a voice. in a regulation, to actually use peer-re- new compliance requirements? Is there It may shock some people in this viewed, good science that can be shared an area where we can help free them of Chamber to know that small business with other people. We bump into issues things that are not needed anymore, owners in Oklahoma don’t wake up now commonly with agencies where that are old, that are not used or not every day and read the Federal Reg- they say they have made a decision on even appropriate anymore? It is a rea- ister to see if there is an area they some of the regulations, and we ask for sonable thing to be able to look at. It have to give notice and comment to. It the science behind it, and they say that is not in statute, it is an Executive may be stunning to know that they the science is proprietary and they order, but it is one of those things that don’t have a team of lawyers at every can’t share it with us or the American I think are wise for agencies to be able small business. In fact, there are towns people. The American people aren’t to take a look at. in Oklahoma where there are many good about withholding a secret on Every administration over the past small businesses but there is not a law- something that actually affects their several decades has said they are going yer in that town. We should not require day-to-day life. Don’t lay a new re- to do what is called a retrospective re- every business to hire attorneys and to quirement on them and tell them: view—go back and look at it. This ad- read the Federal Register every day for Trust us—we have thought about this, ministration has said: We are really them to be able to stay in business. We and this is the right way to go. Ameri- going to look at it. If a new regulation should actually reach out to them and cans aren’t great with that. They just goes in, we have to go back and review say: We are not opposed to small busi- want to be able to know the facts be- and see if two can come out at the nesses; we want to make sure we facili- hind it so they can see that science same time, to force that retrospective tate them. themselves. review. Here is a simple idea of many ideas in So getting best science is something Many other areas of regulations are the small business bill that I have—not we have talked about within the frame- coming out, but the primary issue that only getting greater input and to make work of the Administrative Procedures has come out is very simple; that is, sure they are in consideration, but how Act for a long time—something many slowing down the process and making about this simple idea: If there is a pa- administrations for the past several sure it is wise to be able to impose new perwork violation for a small business, decades have said we should do. Well, regulations. We should have them in they are not fined immediately. They let’s go ahead and do it, and let’s re- health and safety areas, but we have forgiveness for that first-time of- quire that we actually have best shouldn’t do regulations just because fense. Many of them didn’t even know science out there. someone in Washington, DC, thinks it there was a certain amount of paper- This body, with a voice vote, just a is a good idea to be able to run every- work that had to be turned in. It year ago, passed a bill called TSCA. one else’s business. showed up as a requirement in the Fed- That TSCA bill dealt with chemicals With any set of decisions made by eral Register. They are running their and how we are going to approve the executive branch, we should resolve small business. They weren’t tracking chemicals and how the EPA can do it. many of these things in law. The Con- it. Someone comes in and evaluates We put new language in that requiring gressional Review Act—those are all in and says ‘‘There is a piece of paper you good science, peer-reviewed science, law. Those have all been settled. The haven’t turned in’’ and drops a $5,000, and on a voice vote from everyone in executive actions like the ‘‘one in, two $10,000, $15,000 fine on them for not sub- this body, we agreed that is the best out’’—that is an executive action. A fu- mitting something, and they had no way to handle science on chemicals. ture executive can flip it back around idea what it was. So what did I do? I took that exact and say: We are not going to go back First-time paperwork forgiveness is a language that we all agreed to on and review it at all. simple idea. To actually be engaged TSCA and said: Let’s apply that to I proposed a whole series of issues where the Federal Government can go every agency so that whenever an that we need to deal with on regu- to a small business and say ‘‘Hey, you agency of any type makes a decision latory actions. I chair the Regulatory missed one,’’ and if they are not health that is science-based, it has good trans- Affairs Subcommittee, in fact. We have or safety related issues, we give them parency and it is peer-reviewed. We had very bipartisan conversations to forgiveness in the process—why should have agreed that the EPA should do it say: Where can we find common that be so hard for us to do? dealing with chemicals; let’s agree that ground, and what do we need to do to We have another piece of legislation everyone should do it. Let’s agree on be able to resolve this issue of regula- we proposed called early participation how we handle guidance, to not allow tions just showing up? in regulations. Before a regulation is agencies to be able to create guidance So we have set out a simple set of written by an agency, this would re- documents. Let’s have good trans- ideas, one beginning in small business. quire that they actually put out the parency and simplicity. If we are going to start with regulatory word that they are thinking about We have a simple bill, as odd as this issues, let’s start in the area where we writing a regulation on a certain topic may sound, that just says that for have the greatest amount of agree- and get as much input as they can, so whatever regulation is out there, the ment; that is, on small businesses. before they even write the regulation agencies also have to put a description Small businesses should have an oppor- and we are fighting over whether we out on it in plain language that a non- tunity to have a voice at the table. should use ‘‘or’’ or ‘‘and’’ in a section, attorney can understand in just 100 Now, when regulations are put out, we actually talk about whether it is words, just a 100-word description of often those regulations are put out and needed at all, or if they are going to what it is. Right now there are folks only the largest businesses are con- write it, make sure it has these certain who actually do try to research things, sulted on them—those that might have issues in it—again, getting more people and if you are not a trained attorney, lobbyists or government relations or involved in the process. you can’t even understand what it have a team of attorneys to be able to Just a week ago, there was a march means. So just plain-language descrip- go engage with the Federal Govern- through this town and through many tions of regulations are called for. ment and get their input considered. towns saying: We need to have great These should all be areas of common We required years ago that small science in our Nation. I could not agree ground. These should all be straight- businesses get a voice. The problem is, more. We should have quality science forward issues that aren’t partisan many agencies actually don’t do it. We in our research. We should have en- issues but are commonsense issues. need to be able to press the issue and gagement from science when we put We have made progress on regula- put into statute an absolute require- policy papers together. tions over the past 100 days. The Amer- ment that small businesses be con- One of the challenges we currently ican people have now been able to take sulted. So when a regulation is created, have and one of the things we are try- a breath as regulations are not coming

VerDate Sep 11 2014 00:15 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.040 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2592 CONGRESSIONAL RECORD — SENATE April 27, 2017 out at rapid speed. We still need them, but would prevent us from ever having dress here at home, we cannot lose though. In the days ahead, we need to a government shutdown fight. We sight of the places around the globe do good regulations, so let’s figure out shouldn’t argue about whether the gov- that are in need of American engage- a good way to do it. ernment is going to be opened or ment. Let me make one more note on the closed. We should argue about how we As we have seen with Syria and opposite side. We have made progress are going to handle the issue of budg- North Korea, it makes a difference in regulations, with a ways to go. eting and how we are going to actually when the United States acts, but not Where we have not made progress in be able to get us back to balance. every international crisis gets front the past 100 days is on how we do budg- There are a lot of simple, common- page headlines like Syria and North eting. sense things that are out there that we Korea do. One such crisis with little at- There is a group of us who have can do, but we as a body have agreed tention but in desperate need of U.S. talked for several years now and have that we are going to actually tackle leadership is South Sudan. Hunger said that we have to change the way we the way we do budgeting. That is going emergencies are on the rise across Afri- do budgeting. Year after year, the to involve some focus and some time ca, but the situation in South Sudan is American people have said: Are we commitment and a risk to say: How it so grim that it has led the U.N. to use going to have another continuing reso- was done in the 1970s is not the way we the word ‘‘famine’’ for the first time lution? Are we going to have another should do it now. It didn’t work. Let’s since 2011. omnibus bill? Are we going to be late change the system so we can actually ‘‘Famine’’ is not a word the U.N. or again on budgeting? get us back on track and bring some the international community throws Year after year, Congress has said: predictability again to what we are around lightly. In order for the U.N. to Yes, we are. doing. officially declare a famine, a popu- Folks around my State occasionally Mr. President, I yield the floor. lation must reach certain death rate, catch me and say: This is different. The PRESIDING OFFICER. The Sen- malnutrition, and food shortage I smile at them and say: No, it is not ator from Arkansas. thresholds. In blunt terms, a formal different. REMEMBERING JAY DICKEY famine declaration means that many The way we do budgeting was created Mr. BOOZMAN. Mr. President, I rise people have already started dying of right after Watergate in 1974 to create to address the urgent crisis taking hunger. a more transparent process. What they place in Sudan, but, first, I wish to The famine in South Sudan is almost actually created was a process so dif- take just a moment to remember entirely manmade. The much heralded ficult that it has only worked four former Congressman Jay Dickey, who, August 2015 peace agreement has failed times since 1974—four times. So if it as many in Washington and Arkansas to bring peace to South Sudan, which feels like every year you are saying now know, passed away last week. has been mired in a civil war almost ‘‘How come the budget process didn’t Jay was a native of Pine Bluff and entirely throughout the young nation’s work again?’’ it is because every year represented Southern Arkansas in the lifetime. but four, since 1974, the budget process Fourth Congressional District for four Thousands of civilians have been didn’t work. terms between 1993 and 2001. Jay was killed and millions more were dis- At some point, we have to say: The known as a fierce advocate for Arkan- placed as a result of the civil war in budget process is not in the Constitu- sas and worked hard to ensure that our South Sudan. Millions of those who are tion. Let’s change the way we are State had a strong voice in Wash- left in the country are facing a severe doing the process. They were well- ington. hunger crisis. Fighting between rival meaning in 1974 when they made that A successful business owner and at- factions has left an estimated 4.9 mil- process; it just didn’t work. So let’s fix torney, Jay was a well-respected mem- lion people—more than 40 percent of it instead of saying that once again it ber of the Pine Bluff community. He the country—in urgent need of food. didn’t work. served as Pine Bluff city attorney and That total is expected to rise to over We will never get a better product on had a brief tenure on the Arkansas Su- 5.5 million people—5.5 million people— our budget until we fix the process of preme Court. Jay was a friend to many by summer if the international com- our budget. We will never be able to and built a warm relationship with al- munity doesn’t act quickly. These in- solve the budget debt and deficit issues most everyone he met—even those who nocent civilians are victims of com- we have with this continuing resolu- disagreed with him politically. He also peting groups that use hunger as a tion autopilot system and with an om- wore his faith on his sleeve as a proud weapon of war while accumulating nibus system that seems to just perpet- born-again Christian. wealth by exploiting South Sudan’s re- uate the same issues over and over I will always appreciate Jay’s kind- sources. Millions are suffering in South again. ness to me when I first started serving Sudan, but that is not due to shortage We have made specific proposals: in Congress and truly valued his friend- of food. It is because they are being de- doing the budget every 2 years, getting ship. He was a loving father, a dedi- nied food by a small few getting rich time to get more predictability, to get cated public servant, and he will be off the country’s oil, gold, and live- more time to be able to walk through missed by many. stock. the research of it; eliminating budget My thoughts and prayers are with his Meanwhile, humanitarian aid work- gimmicks, and there are a mess of family and friends as they mourn his ers trying to reach the hungry are budget gimmicks that are out there; loss, but I know they are also incred- being kidnapped and held for ransom. and getting a better long-term view. ibly proud, as I have been, of the legacy Some have even been killed. Food ship- The budget has what is called a 10-year Jay leaves behind, which will continue ments are being blocked, crops are window now, where we have to budget to have an impact on us all in the being torched, farmers and herders are over 10 years. So what happens? Con- years ahead. being forced from the land, and civil- gress creates a budget that blows up in SOUTH SUDAN ians so fear for their lives, they have the 11th year. Well, that has been done Mr. President, the Trump adminis- been driven away from the violence in year after year after year, and we have tration has stated it will pursue a for- population centers to remote locations a lot of eleventh-hour years now stack- eign policy focused on American inter- where aid workers can’t reach them to ing up and a lot of major problems that ests that puts our national security provide the relief they need. are out there. first. I appreciate the President’s com- There is plenty of evidence to show We need to find a way to prevent us mitment to a stronger and more re- that when people don’t have enough to from ever having to get in a conversa- spected America and stand ready to eat, they get desperate. Desperation tion about a government shutdown. We work with him to achieve that goal. fuels conflict. Conflict in a young have a bill called the government shut- A stronger, more respected America country, in an unstable region, poses down prevention bill that would keep does not mean we disengage with the the risk of spillover into neighboring us from ever having that, and it would international community. In fact, it countries, further exacerbating human put the pressure back on Congress and means just the opposite. While there suffering. This is why U.S. leadership is the White House to resolve the issues are many important issues we must ad- needed.

VerDate Sep 11 2014 03:29 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.042 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2593 By that, I don’t mean throwing acterized by some as the TrumpCare nity care, substance abuse treatment, money or military personnel into a bill—was so unpopular that it had to be or mental health services. conflict zone. In fact, that would likely withdrawn from the floor of the U.S. The Affordable Care Act defined exacerbate the situation as the struc- House of Representatives. That is be- these as essential services so, if you are tural causes will remain once the cause, after the Congressional Budget buying health insurance, you know you money dries out and the troops head Office took a look, it would have taken are buying that kind of protection. home. away health insurance from 24 million Well, Republicans have said: That is The approach I am advocating is two- Americans. too much insurance for people. We pronged. First and foremost, there ab- Think about that for a moment. The ought to let them buy stripped-down solutely is a need for the United States Republican answer to ObamaCare—the versions of health insurance that may to take a lead in coordinating relief Affordable Care Act—was to remove be cheaper. The obvious question, What with NGOs and our international part- health insurance protection and cov- happens to those people when they ners like the World Food Program—aid erage from 24 million Americans. It need coverage for substance abuse which has proven effective channels, would have devastated the Medicaid treatment? What if that son or daugh- the dedication and compassion of Program. The Medicaid Program, of ter in high school begins an addiction doers, not takers. course, is one that is easily character- to opioids, leading to heroin, and now Along with helping those who des- ized as a health insurance program for your health insurance plan saved you perately need humanitarian aid, the those who are in low-income cat- money by not covering it or didn’t international community must also egories, but that statement doesn’t tell cover mental health counseling? take action to end the unchecked cor- the real story. It guts protections for people with ruption that fuels the conflict in South For example, in my State, half of the preexisting conditions. Is there a per- Sudan. This is the structural cause of children who are born in Illinois are son alive who doesn’t know someone or the crisis. We have to address this covered by Medicaid. Their mothers have someone in their family with a problem at its root. If we want to have and the kids are covered by Medicaid. preexisting condition? That used to be any chance at long-term stability in So when it comes to new babies, par- grounds for denying insurance coverage South Sudan, we must seriously con- ticularly in low-income families, Med- or charging outrageous premiums. We sider options that would end the cor- icaid provides the prenatal care, deliv- did away with it with the Affordable ruption which enriches those in power ery, and care after the child is born, Care Act. at the expense of the citizens. but the most expensive part of the It is back, my friends, with the new I believe President Trump would sup- Medicaid Program is the help it gives Republican approach to the repeal of port these efforts. The President under- to senior citizens—mothers and grand- affordable care. It allows insurance stands how dire the situation in South mothers who are in nursing homes who companies to once again charge Sudan is. The administration recently have only a little bit of savings, Social unaffordable premiums if someone in announced the continuation of the na- Security, Medicare, and Medicaid cover your family has a history of asthma, tional emergency declaration for South their medical expenses. The Republican cancer, high blood pressure, or diabe- Sudan, which was set to expire earlier plan to repeal the Affordable Care Act tes. this month. would have decimated the Medicaid Republicans made these changes to Earlier this week, Ambassador Haley win the votes of the most extreme con- rightfully called out the warring par- Program across the United States. It servative Members of the U.S. House, ties in South Sudan and urged the U.N. would have increased costs for the av- the so-called Freedom Caucus. What Security Council to move forward with erage person for health insurance by they are fighting for is for freedom further sanctions and an arms embar- $3,000, and particularly for people in go. The Ambassador’s words urging the upper ages—I guess I fit in that cat- from individuals getting protection Council to take action to break the egory—these folks would have seen a when it comes to healthcare. These cycle of violence in South Sudan are change in the calculation of premiums. changes may appeal to a handful of ex- The Affordable Care Act protects pre- extremely encouraging. They show the treme people who conveniently see miums so they cannot be more than administration understands that the their health insurance policies—their three times the lowest premium for United States must remain engaged in personal policies—protected under any individual. The Republican ap- corners of the world that need our lead- their bill, but these sorts of approaches proach said: Let’s make that five ership. It is my hope that Congress and don’t appeal to anyone in the medical times. If it goes up to five times, it can the President can work together to community. mean almost doubling the premiums Who opposes the new Republican re- exert that leadership and put an end to paid by many senior citizens—those ap- peal of the Affordable Care Act? The the corruption that is causing so much proaching, I should say, being senior American Medical Association—that suffering in the country. There is a role for soft power in a citizens, from 50 to age 65. would be the doctors—the American It also would have cut off funding for hard-powered administration. Human Heart Association, the American women’s health centers, all while pro- suffering is never in our national inter- Nurses Association, the American As- viding a massive tax cut for upper in- est, no matter where it is happening. sociation of Retired Persons, as well as come, wealthy people and big busi- U.S. leadership, through diplomacy and every major medical and patient group nesses, including tax cuts for drug smart foreign aid programs, help pre- out there. Every one of them opposes companies. What a deal—to eliminate vent situations which lead to serious the changes proposed by the Repub- health insurance for 24 million Ameri- threats to our national security. licans in the House to our healthcare Mr. President, I yield the floor. cans, to devastate the Medicaid Pro- system. I suggest the absence of a quorum. gram, to increase the cost of health in- Of course, we have a bottom line that The PRESIDING OFFICER (Mr. surance for the average individual, to we measure proposals against. We go to LANKFORD). The clerk will call the roll. cut off funding for women’s health cen- the Congressional Budget Office, and The senior assistant legislative clerk ters in order to give a tax cut to we say to them: What impact will this proceeded to call the roll. wealthy people and drug companies. have? Mr. DURBIN. Mr. President, I ask The new bill does all those things as No one has sent this bill to the Con- unanimous consent that the order for well—and then something I didn’t gressional Budget Office, and no report the quorum call be rescinded. think was possible. The new version of has been given. So we don’t know the The PRESIDING OFFICER. Without the Affordable Care Act repeal Repub- impact on premiums of this new objection, it is so ordered. licans are now considering in the House version. What is going to happen to REPUBLICAN HEALTHCARE BILL allows insurance companies to im- seniors, to middle-income families? Mr. DURBIN. Mr. President, House pose—get this—an age tax and charge Ramming through a bad bill that will Republicans have revived their efforts seniors significantly higher premiums harm Americans just because the to repeal the Affordable Care Act. than younger people. It says that in- President wants to have something to As a reminder, the original effort to surance plans do not have to cover hos- say on the 100th day of his Presidency repeal the Affordable Care Act—char- pital visits, prescription drugs, mater- is a bad idea. It is time to stop this

VerDate Sep 11 2014 03:29 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.044 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2594 CONGRESSIONAL RECORD — SENATE April 27, 2017 madness. It is time for Democrats and OFFICE OF THE ATTORNEY GENERAL, Bridgepoint Education, Inc.; Corinthian Col- Republicans to sit down and talk seri- February 22, 2017. leges, Inc.; Career Education Corporation; Re How For-profit Schools Have Harmed Education Management Corporation; ously about improving our current sys- Student Borrowers: the Need for the Daymar College; DeVry University; ITT tem. Gainful Employment Rule, Vigorous Fed- Tech; National College of Kentucky; and The Presiding Officer is from the eral Oversight of Accreditors, and the Westwood Colleges, among others. These State of Louisiana and is a medical Borrower Defense to Repayment Rule schools, and others like them, engaged in a variety of deceptive and abusive practices. doctor. He has joined on the Repub- Hon. ELISABETH DEVOS, Secretary, U.S. Department of Education, Some promised prospective students jobs, ca- lican side with Senator COLLINS of Washington, DC. reers, and further opportunities in education Maine to open this conversation. Speaker PAUL RYAN, that the schools could not provide. Many Thank you. We should have this bipar- Speaker of the House, House of Representatives, schools inflated job placement numbers and/ Washington, DC. or promised career services resources that tisan conversation—not about repeal did not exist. Many nationally-accredited but repair, what we can do to make Hon. MITCH MCCONNELL, Senate Majority Leader, U.S. Senate, schools promised that their credits would this better and fairer and more afford- Washington, DC. transfer, even though credits from nation- able while preserving quality Hon. NANCY PELOSI, ally-accredited schools often do not transfer healthcare for Americans. Thank you House Minority Leader, House of Representa- to more rigorous regionally-accredited schools. Many students were placed in loans for your leadership in this. We have tives, Washington, DC. Hon. CHARLES E. SCHUMER, that the schools knew from experience their talked about it, and I want to continue Senate Minority Leader, U.S. Senate, graduates could not pay back. The schools the conversation. Washington, DC. were overseen by accreditors who failed to take action to protect students or the tax- This notion coming over from the DEAR SECRETARY DEVOS, SPEAKER RYAN, SENATOR MCCONNELL, CONGRESSWOMAN payers who funded their federal student House is unacceptable. I hope that PELOSI, SENATOR SCHUMER: We, the under- loans, despite ample evidence of these and many people will tell the President and signed Attorneys General of Illinois, Con- other problems. In short, the entire for-prof- tell those who support it that this is no necticut, Delaware, Hawaii, Iowa, Kentucky, it education system was failing students and way to celebrate 100 days—by taking Maryland, Maine, Massachusetts, Minnesota, taxpayers. As investigations and prosecu- tions initiated by our offices shed light on health insurance away from 24 million New Mexico, New York, North Carolina, Or- egon, Pennsylvania, Rhode Island, Vermont, these problems, ED began to take steps to people. Washington and the District of Columbia, as remedy these harms, issuing new regulations and reformulating policies to help protect FOR-PROFIT COLLEGES AND UNIVERSITIES well as the Executive Director of the Office of Consumer Protection of Hawaii, write to students and taxpayers. Mr. President, during the Senate’s express our support for recent federal protec- Three of these recent steps—the Gainful consideration of Betsy DeVos to be tions for students and taxpayers in higher Employment Rule, the policy of vigorous federal oversight of accreditors, and the Bor- Secretary of Education, I asked a basic education. We are deeply concerned that rollbacks of these protections would again rower Defense to Repayment Rule—are es- question: As Secretary of Education, signal ‘‘open season’’ on students for the sential to protect both consumers and tax- would she side with corporate and worst actors among for-profit post-secondary payers from fraudulent actors in the for- other for-profit interests or would she schools. As the chief consumer law enforce- profit education sector. The Gainful Employ- be on the side of the students and their ment agencies in our states, our offices han- ment Rule is a measure of graduates’ debt- to-income and is designed to ensure that pro- families? dle thousands of complaints concerning high- er education every year. We also enforce grams produce graduates that are able to I was concerned that the record of laws to protect consumers from unfair and pay back their student loans. Prospectively, Secretary DeVos indicated that she deceptive practices perpetrated by higher the federal government recognizes education providers. accreditors who have standards sufficient to was on the side of corporate interests, show that the schools they accredit provide looking for opportunities to profit off I. BACKGROUND: THE NEED FOR RULES TO PRO- TECT STUDENTS AND TAXPAYERS FROM UN- a quality education and should have access of students and often exploiting them FAIR AND DECEPTIVE PRACTICES BY FOR- to federal student loans and grants. Finally, in the process. PROFIT HIGHER EDUCATION PROVIDERS where other protections fail and students are defrauded by bad actors, the Borrower De- Over the last ten years, student loan debt Months into the job, now that she fense to Repayment Rule provides a formal has soared from $450 billion to nearly $1.4 was approved by a historic tiebreaking process for students to assert a defense to re- trillion. A major driver of this increase has payment of their federal student loans. vote by the Vice President, we are be- been for-profit colleges. Of the top 25 schools ginning to see which side the Secretary where students hold the most student loan II. CORINTHIAN COLLEGES: AN EXAMPLE OF THE is on. A recent Chicago Tribune article debt, over half were for-profit schools in 2014. HARM FACED BY STUDENTS AND TAXPAYERS entitled ‘‘Targeted by Obama, DeVry This is up from only one for-profit institu- The egregious conduct of Corinthian Col- tion in the top 25 in 2000. leges illustrates how each of these three poli- and other for-profit colleges rebound- In addition to driving the increase in stu- cies is necessary to avoid harm to both stu- ing under Trump’’ put it this way: dent loan borrowing, for-profit institutions dents and taxpayers. In March 2016, after an also have significantly more loan defaults extensive review of published job placement Less than 100 days into Trump’s presi- than other types of institutions. Since 2013, rates at Corinthian campuses nationwide, dency, the Department of Education under for-profit institutions accounted for 35% of the Department of Education found that the Secretary Betsy DeVos has delayed imple- all federal student loan defaults, but en- job placement rates were fraudulent for hun- mentation of gainful employment rules . . . rolled just 27% of all borrowers. Many for- dreds of cohorts from 2010–2014. Corinthian withdrawn key federal student loan servicing profit schools are almost entirely dependent was telling the world that far more of its reforms . . . and signaled a less onerous reg- on federal grants and loans. In December students obtained jobs than actually did, in- ulatory environment for the essentially tax- 2016, the U.S. Department of Education ducing students to enroll. Many of these stu- payer-financed career education [or for-prof- (‘‘ED’’) found that nearly 200 for-profit dents were left without jobs in their field of it] sector. schools derive more than 90% of their income study. Without these jobs, many are saddled from federal sources. The only reason that with debt they cannot repay, defaulting on A group of State attorneys general, many of these institutions are in compliance loans funded with taxpayer dollars. including Lisa Madigan of Illinois, with the federal 90/10 Rule is that certain Had the gainful employment regulations warned of a return to ‘‘open season’’ on categories of federal money, including GI been in place, Corinthian’s programs that students in a letter to Secretary DeVos Bill money, are excluded from the rule and weren’t producing jobs for students would thus count toward the 10% that is supposed have been shut down because the median if she rolled back all of these protec- to be non-federal money. debt-to-income ratio would have shown that tions. Over the past fifteen years, millions of stu- students were not making enough money to I ask unanimous consent that the dents have been defrauded by unscrupulous pay down their loans. Had Corinthian’s for-profit post-secondary schools. With accreditors reviewed the school’s self-re- full text of that letter from the State accreditors asleep at the wheel, State Attor- ported job placement data on a regular basis, attorneys general be printed in the neys General Offices have stepped in to stop the fraud would have been discovered and RECORD. some of the worst abuses. The list of State stopped much earlier, saving students and Attorney General investigations and enforce- taxpayers billions of dollars. There being no objection, the mate- ment actions against for-profit colleges is The absence of policies in place to protect rial was ordered to be printed in the long, including actions against: American prospective students from Corinthian’s RECORD, as follows: Career Institute; Ashford University/ fraudulent practices also demonstrates the

VerDate Sep 11 2014 03:29 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.048 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2595 need for an effective process for students to and Schools (ACICS). As noted in our April 8, It is important to note that these regula- assert a defense to loan repayment. This de- 2016 comment to the National Advisory Com- tions do not create a new defense to repay- fense was established in the 1990s when Con- mittee on Institutional Quality and Integ- ment. Congress established the borrower de- gress passed legislation allowing students to rity (NACIQI) opposing ACICS’s application fense to repayment in the 1990s. Further- assert claims against their schools as a de- for renewal of recognition, a recent study more, over the last two years, ED has cre- fense to repayment of their federal student found that only 35% of students enrolled in ated substantial documentation of what con- loans. There was little detail, however, on ACICS accredited programs graduate, the stitutes a valid borrower defense claim under the process for asserting such claims. The lowest rate for any accreditor. the existing regulation. Not only will the de- regulations set to take effect on July 1, 2017 NACIQI, a bipartisan panel, voted to re- fense continue to be available, but it is like- give borrower defense to repayment set proc- voke ACICS’s recognition in June 2016. The ly that claims will continue to be asserted, esses so that students, schools, and tax- Senior Department Official at ED agreed particularly if regulations surrounding for- payers have an orderly process, and a degree with NACIQI and revoked ACICS’s recogni- profit institutions, such as gainful employ- of certainty, moving forward. tion as an accreditor in September, 2016. ment, are loosened, allowing the bad prac- Without the Gainful Employment Rule, ACICS appealed the decision to the Sec- tices of the past to return. Because the de- meaningful oversight of accreditors, and an retary of Education, and in December 2016, fense will continue to exist, a formal, trans- orderly borrower defense process, we face the the Secretary denied ACICS’s appeal. parent process to assert the defense, as re- prospect of for-profit schools continuing to An accreditor’s failure to verify program flected in the new repayment rule, is essen- line their pockets with taxpayer dollars quality at its accredited institutions jeop- tial. while students and taxpayers experience an- ardizes the effectiveness of state enforce- A basic sense of justice requires that the other crushing wave of defaulted student ment efforts and regulations, exposing each borrower defense to repayment rules be al- loan debt. state’s students to subpar educational pro- lowed to take effect. Millions of students paid tens of thousands of dollars each in fed- III. THE GAINFUL EMPLOYMENT RULE grams that provide little value, but for which each student may borrow tens of thou- eral student loan money to for-profit schools ED’s gainful employment regulations are and received worthless degrees in return. designed to further a simple idea—that stu- sands of dollars in student loans, that are nearly impossible to discharge in bank- Federal student loan debt is non-discharge- dents who attend career training programs able in bankruptcy. These students cannot should be able to repay their federal student ruptcy. A prime example of the harm that stems be left without a clear recourse. The new loans once they graduate. The Rule allows borrower defense to repayment regulations prospective students to compare debt-to-in- from lax accreditation was brought to light by state action against Westwood College. provide that recourse and should be allowed come ratios across schools. By doing this, to take effect. the Rule creates an incentive for schools to The Illinois Attorney General’s Office sued Westwood College for systematically mis- Our extensive experience in the higher edu- make good on their promises to students, cation field, and our participation in the and protects students from programs that representing the ability of its criminal jus- tice graduates to pursue careers in law en- process of developing these recent policies will leave them saddled with debt and with- and regulations, gives us unique insight into forcement. Thousands of Westwood students out job prospects in the careers for which the abusive and deceptive practices of for- in Illinois borrowed up to $75,000 each for ca- they trained. profit schools over the last ten years. We reers they were unable to pursue because The Rule generally applies to vocational cannot overemphasize the harm to students many police departments in Illinois, includ- programs at for-profit institutions and to and taxpayers that a rollback of federal pro- ing the Chicago Police Department and the non-degree programs at community colleges. tections would cause. Our offices hear from Illinois State Police, did not accept credits If graduates’ annual loan payments exceed former for-profit students on a daily basis; from nationally-accredited schools. Grad- 30% of discretionary income and 12% of total sadly, many are hopeless. They have little uates of Westwood’s criminal justice pro- earnings in two out of three consecutive hope of paying off their student loans with- gram have a median salary below the median years, the program loses access to Title IV out the career prospects promised by their federal student loans and grants. A program salary of a 25–year old with a high school di- schools. They have little hope of continuing can also lose access if graduates’ annual loan ploma, in part because they were locked out their educations without the ability to payments exceed 20% of discretionary in- of the career they had been promised. This transfer their credits from the many nation- come and 8% of total earnings for four con- combination of high debt and limited job ally-accredited for-profits to more rigorous secutive years. prospects is a crushing blow not only to stu- regionally-accredited schools. Allowing for- Data released on January 9, 2017 indicate dents, but to taxpayers who bear the burden profit schools unfettered access to federal that over 800 programs fail the Department’s of defaults on these loans. Despite the Illi- student loan money without reasonable over- Gainful Employment metrics. For-profit in- nois Attorney General’s January 2012 suit sight and accountability is a mistake that stitutions are responsible for 98% of the fail- against Westwood, ACICS accredited American students and taxpayers should not ing programs. But these 800 programs are Westwood up to the day it closed its doors in be made to pay for again. only a portion of the for-profit school pro- March 2016. Sincerely, grams that have failed their students. With Similarly, on September 8, 2016, a Hen- Lisa Madigan, Illinois Attorney General; the Gainful Employment Rule pending, for- nepin County Court found that the Min- Matthew Denn, Delaware Attorney General; profit institutions have already eliminated nesota School of Business and Globe Univer- Tom Miller, Iowa Attorney General; Brian E. hundreds of programs where students did not sity systematically misrepresented their Frosh, Maryland Attorney General; Maura make enough money to cover their debt obli- criminal-justice program as allowing stu- Healy, Massachusetts Attorney General; gations, sometimes closing entire institu- dents to pursue careers as Minnesota police Hector Balderas, New Mexico Attorney Gen- tions that would have failed to provide stu- officers or probation or parole officers. The eral; George Jepsen, Connecticut Attorney dents with gainful employment under the Minnesota School of Business and Globe Uni- General; Douglas S. Chin, Hawaii Attorney regulations. versity were accredited by ACICS through- General; Andy Beshear, Kentucky Attorney It is essential that the Gainful Employ- out the time period of the fraud determined General; Janet T. Mills, Maine Attorney ment Rule be kept in place. Removing the by the Court, and their Chief Operating Offi- General. Rule would open students and taxpayers up cer during that time was in fact the Chair of Lori Swanson, Minnesota Attorney Gen- to the worst excesses of the for-profit higher ACICS’s board of directors. Terminating eral; Eric Schneiderman, New York Attorney education sector. It would greatly increase ACICS’s recognition is a responsible action General; Josh Stein, North Carolina Attor- the regulatory and enforcement burden on that will protect students and taxpayers for ney General; Josh Shapiro, Pennsylvania At- states and accreditors by removing a central years to come. torney General; TJ Donovan, Vermont At- protection from the federal leg of the triad V. THE BORROWER DEFENSE TO REPAYMENT torney General; Karl A. Racine, District of that oversees higher education in the United RULE Columbia Attorney General; Ellen F. States. In order to fairly and efficiently redress Rosenblum, Oregon Attorney General; Peter IV. VIGOROUS OVERSIGHT OF ACCREDITORS BY the harms suffered by for-profit college stu- Kilmartin, Rhode Island Attorney General; ED dents, the borrower defense to repayment Bob Ferguson, Washington State Attorney General; Stephen H. Levins, Executive Direc- The federal government and states need rule promulgated by ED must be allowed to tor, Hawaii Office of Consumer Protection. strong partners with specialized knowledge take effect on July 1, 2017. As we noted in of higher education to provide prospective our August 1, 2016 comment to the proposed Mr. DURBIN. Mr. President, we know quality assurance of schools in order to pro- rule, students need a fair and transparent what open season means when it comes tect students and taxpayers. Accreditors are process to apply for borrower defense to re- to these students. Gilbert Caro of Chi- the organizations tasked with this role. Our payment, and that process is missing from cago can tell us. He was profiled in the experience, however, has shown that without the existing regulation. The regulation final- Chicago Tribune article that I men- substantive oversight by the federal govern- ized by ED also contains significant protec- tioned. Gilbert received his master of ment, some accreditors are negligent in tions for taxpayers, including the require- their role. ment that schools cannot use arbitration business administration degree from The primary example of this dereliction of agreements to bar students from bringing DeVry University. It is possibly the duty to students and taxpayers is the Ac- borrower defense claims directly against the second largest for-profit college in the crediting Council for Independent Colleges school in court. United States.

VerDate Sep 11 2014 05:01 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.018 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2596 CONGRESSIONAL RECORD — SENATE April 27, 2017 He took on nearly $100,000 in debt for 2012, for-profit colleges had grown to The gainful employment rule cuts off his master of business administration take in an incredible $32 billion a year title IV funding for programs where degree. He believed that debt was in Federal taxpayer dollars, 25 percent graduates’ ratio of student debt to worth it because it was going to unlock of all Federal aid in education, despite earnings is too high. Literally, the stu- the door to a high-paying job and fi- enrolling only 10 percent of the stu- dents are too deeply in debt. nancial security. dents that went to college after high Prior to leaving office, the Obama Do you have any idea what Gilbert school. Department of Education released the Caro is doing now with his DeVry mas- For-profit colleges and universities first set of gainful employment data. It ter of business administration degree? are the most heavily subsidized private showed that the graduates of public un- He is a prison guard in Joliet, IL. businesses in America that exist. No dergraduate certificate programs, like While Gilbert has a good job, he cer- one rivals them. No other industry is community colleges, earn $9,000 more tainly didn’t need $100,000 in debt to be even close, and 80, 85, 90, 95 percent of than their for-profit counterparts on a prison guard. It is far from what he the revenue of these so-called private, average. was promised by DeVry when he signed for-profit universities ends up coming Think about that. You go to the vir- up. Gilbert, like so many other stu- out of the Federal Treasury. tually free community college, get a dents who go to for-profit colleges, was John Murphy, the cofounder of the certificate, and you are going to earn lured in by an amazing marketing cam- University of Phoenix, talks about $9,000 more than if you get deeply in paign, flashy advertisements and those days by saying that what started debt at one of the for-profit schools empty promises. off as a serious venture to educate stu- seeking the same degree. Of the pro- In 2016, DeVry University, a for-profit dents soon became too focused on grams that saddle students with too school, agreed to a $100 million settle- ‘‘chasing stock prices.’’ much debt compared to the income its ment with the Federal Trade Commis- To pump up those stock prices, com- students receive after their program, 98 sion for misleading ‘‘prospective stu- panies needed students and they needed percent of the violators were for-profit dents with ads that touted high em- Federal student aid dollars. They colleges. ployment success rates and income lev- proved that they would do and promise This is not just a chance occurrence. els upon graduation.’’ nearly anything to get ‘‘the juice,’’ as It is a pattern. The rule is meant to DeVry is not alone. For-profit college Mr. MURPHY, the cofounder of the Uni- protect students from taking on debt giants like Corinthian and ITT Tech versity of Phoenix, called it. to attend programs that don’t lead to a Boy, is this industry itching for the collapsed after they were caught en- good-paying job. The rule is also meant Trump administration to return to gaging in similar deceptive, disgusting to prevent billions in taxpayers’ dollars those bad old days. The Chicago Trib- practices. The predatory practices of on worthless programs. une reports that since the November 8 these and other for-profit colleges have Many for-profit colleges receive more election, the stock prices of DeVry left tens of thousands of students than 90 percent of the revenue straight University, a for-profit college, have across the country, just like Gilbert from Federal taxpayers. My Republican increased 52 percent. Caro, with worthless degrees and a In a recent New York Times article colleagues are committed to the free mountain of debt. by Patricia Cohen entitled ‘‘For-Profit market system. So am I. I am com- In fact, during the early part of this Schools, an Obama Target, See New mitted to capitalism. I believe in it. century, when for-profit colleges acted Day Under Trump,’’ the paid spokes- Though, I think there is need for us to with near impunity, just the students man for the for-profit college industry, have regulation when it gets out of from the for-profit colleges and univer- former Congressman Steve Gunderson, hand. That is why we have an antitrust sities accounted for 47 percent of all said he ‘‘has repeatedly spoken with division, for example. student loan defaults. Ten percent of members of Trump’s transition team In this circumstance, to argue that the students coming out of high school . . . White House domestic policy ad- these are just private companies that went to for-profit colleges, and 47 per- visers . . . and congressional Repub- are doing what ordinary people do cent of the student loan defaults were licans.’’ when they start a business is to ignore those same students—10 and 47. Why? He is truly an insider. Mr. Gunderson the obvious. These for-profit colleges Because they were overcharged for promised: ‘‘We’re going to get some could not exist if they weren’t receiv- worthless degrees. That is why. regulatory relief.’’ ing 80, 85, 90, and 95 percent of their The University of Phoenix students Sadly, it looks like he is right. Take revenue directly from the Federal held almost $35 billion in cumulative for example the delay of the gainful Treasury. debt. When I look at their flashy adver- employment regulation. The Obama In recent testimony before a House tising and the commercials about how administration spent years writing and subcommittee, the Department of Edu- life is going to be perfect if you sign up rewriting regulations to ensure that cation inspector general agreed that at the University of Phoenix, it is hard career training programs meet the the gainful employment regulation ‘‘is for me to imagine how many of those statutory requirement to prepare stu- a good rule in terms of protecting [stu- students are burdened with debt they dents for ‘‘gainful employment.’’ dents] and protecting taxpayers.’’ will never be able to repay. Is that a radical idea—that if the I sent a letter—along with Senators We also know what open season Federal Government is going to pro- PATTY MURRAY, ELIZABETH WARREN, means for the for-profit college indus- vide grants and loans for a student to and nine other colleagues—expressing try and its executives and investors. go to a school, the school should pro- our concerns to Secretary DeVos about Between 1998 and 2008, enrollment at vide education and training that would her delaying this rule. In our letter, we for-profit colleges exploded by 225 per- lead to ‘‘gainful employment’’? made clear that these delays under- cent—a lot of advertising, a lot of mar- My colleague from Oklahoma was on mine the rule and are going to be a keting, a lot of recruiting. With it the floor a little while ago talking danger to students and taxpayers. came exploding profits for these about overregulation, too many rules, It is also a betrayal of students not schools. and the impacts on small business. I to ensure that they are treated fairly By 2009, the seven largest publicly would say that I am prepared to stand after they have been taken advantage traded for-profit college companies up and defend what the Obama admin- of by for-profit schools. were worth a combined $51 billion— istration did in saying that if you were Today, POLITICO reported that the 2009, $51 billion. going to lure a young man like Gilbert Trump administration has dramati- In 2010, the University of Phoenix Caro into a school and put him $100,000 cally slowed, if not stopped, processing alone enrolled nearly half a million in debt for a master’s of business ad- applications from tens of thousands of students, more than the combined en- ministration, he ought to at least end students seeking to have their Federal rollment of all the Big Ten univer- up with a job that is consistent with student loans discharged after they sities. his education. have been defrauded by for-profit col- When former Senate HELP Com- Today, Mr. Caro is a prison guard leges. mittee Chairman Tom Harkin released with $100,000 of debt and a business ad- Think about that. A student is about his seminal report on the industry in ministration degree of no value to him. to sign up for a for-profit school.

VerDate Sep 11 2014 03:29 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.049 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2597 Maybe he doesn’t know much about and the training jet T–45 Goshawk analytical effort, which will get us higher education. His parents say: Lis- fleets. closer to finding the root cause. After ten, if you can get a Pell grant and a Physiological episodes occur when the instructor pilots’ boycott—which I Federal student loan, this must be a air crew experience diminished inflight stress they had every right to do—the really good school. performance related to loss or con- Navy issued a safety standdown and He is defrauded into signing up for a tamination of oxygen, depressurization stopped all training flights for a period school that is too expensive and offers in the cockpit, or other factors. There of days. This tactical pause allowed the a worthless degree, and then they turn are some technical terms I am going to Navy to send senior leadership to visit around and that school goes bankrupt. mention to my colleagues. Hypoxic hy- the training installations and hear di- Now the student has the debt, no de- poxia occurs when pilots are getting in- rectly from the instructor pilots and gree, and we are left holding the bag. sufficient oxygen. A more serious phe- students. I respect the considered deci- What has happened in previous cases is nomenon called histotoxic hypoxia oc- sions of both of these groups, the in- the Federal Government stepped in and curs when they are breathing contami- structor pilots who continued to fly discharged the students from the debt nated oxygen, and of course depressuri- and the ones who engaged in the boy- if they were defrauded into signing up zation occurs when the cabin pressure cott. for the college. drops. After meeting with Pentagon experts Secretary Betsy DeVos has decided I have been assured that solving this on this matter, I then made a fact- to slow that down—to slow down the physiological episode problem is now finding trip to NAS Meridian on April discharge of these students’ debt. Stu- naval aviation’s No. 1 one safety pri- 8. I met with VADM Mike Shoemaker, dents who were misled or defrauded by ority. As chairman of the Armed Serv- the commander of Naval Air Forces. their schools are eligible for discharge ices Committee’s Seapower Sub- Admiral Shoemaker is the air boss who of their Federal student loans under committee, I intend to continue the commands operational naval aviation the Higher Education Act—the law as committee’s oversight on this issue forces. I also met with RADM Dell it now exists. Yet during her confirma- and, if necessary, include provisions in Bull, who is the chief of Naval Air tion process, Secretary DeVos would the upcoming Defense authorization Training, and I met with NAS Merid- ian’s excellent installation leadership. not commit to providing this relief to bill to help. I applaud the work of our Perhaps most important, I convened students—relief already specified in full committee chairman, Senator two focus groups: one group of instruc- law—and has now effectively stopped MCCAIN, on his efforts so far. In fact, tor pilots who chose to fly and another processing the claims. Senator MCCAIN knows NAS Meridian group who chose not to fly. Both On the day before President Trump very well, having served there as an in- groups agree that a serious commu- took office, more than 3,200 Illinois structor pilot. The airfield named nication problem existed. The meetings students applied to the Department of ‘‘McCain Field’’ is in honor of Senator with pilots demonstrated that some in Education for relief. While the Depart- MCCAIN’s grandfather, ADM John the Navy hierarchy did not fully appre- ment fails to process these claims, McCain. ciate that this histotoxic hypoxia, con- these students are left in the lurch. It The Navy has told Congress and the taminated oxygen, was a new and dif- adds insult to injury that students American people repeatedly that its ef- ferent phenomenon. In addition, the ef- taken advantage of by for-profit col- fort to mitigate and solve the problems forts of the Navy leadership were not leges, nominally supervised and regu- of these PE events, including being communicated effectively to the lated by the Federal Government, are histotoxic hypoxia, are ‘‘resource un- instructors and the students. In other now being ignored by the Federal Gov- constrained.’’ In other words, the Navy words, the message was not getting ernment’s Department of Education. has told us that money is no object in down to the flight line, and the people That is unacceptable. It is unfair, and solving this problem, time is no object, on the flight line did not feel the mes- the Trump administration should and personnel is no object. As chair- sage was getting back up to the hier- change it. man of the Seapower Subcommittee, I archy. Many felt their concerns were We’ve started to see the true colors intend to put that claim to test. being ignored. The lack of action on of the administration and Secretary I would like to update my colleagues the relatively new emergence of DeVos when it comes to these students on the situation—my factfinding trip histotoxic hypoxia in the Goshawk who have been victimized. As feared, to Meridian, the state of play, and the only exacerbated the feeling among the Department has thus far put for- plan going forward. some that the Navy’s actions were not Beginning around 2010, a significant profit and other commercial interests matching its rhetoric. ahead of students and taxpayers. increase in reported PE events oc- Following my visit on April 8, the Mr. President, I yield the floor. curred, which led to the establishment Navy took the important step of estab- The PRESIDING OFFICER (Mr. of a Physiological Episode Team to lishing a Physiological Episode Team BLUNT). The Senator from Mississippi. identify root causes, develop mitiga- for the T–45 alone. This is an important T–45 GOSHAWK FLEET tion efforts and solutions. This team action which should bring more focused Mr. WICKER. Mr. President, I come mainly addressed the less serious prob- attention to the Goshawk community. to the floor to speak about a troubling lem of hypoxic hypoxia, but in recent The Navy ended the safety standdown issue for our Navy, our national de- months, there has been an alarming on April 14 and resumed flying the next fense, and a problem that should be of uptick in histotoxic hypoxia, a rel- week under restricted conditions, such concern to Members of this body. Our atively new phenomenon involving con- as flying at lower maximum altitudes Navy pilot training installations, in- taminated oxygen in the cockpit. This and pulling fewer Gs. Of course, this is cluding Naval Air Station Meridian in has presented new challenges. The not the optimal way of training. my home State of Mississippi, produce Navy has not identified a root cause for Then, following a subsequent PE in- some of the finest pilots on the planet. either type of hypoxia but has taken cident in Kingsville and feedback from They trained on the T–45 Goshawk. steps to mitigate effects through new instructor pilots on the mitigation On Friday, March 31, a significant maintenance rules, equipment changes plan, the Navy has chosen to restrict number of T–45 instructor pilots at and redesigns, and by adding data col- training flights even further. This is a NAS Meridian, NAS Kingsville in lection tools. However, there is cur- problem. The Navy tells us the current Texas, and NAS Pensacola in Florida rently not adequate mitigation for the practice would allow a student to com- decided not to fly because of safety more serious type of hypoxia, which plete only about 20 to 25 percent of the concerns. As you can imagine, this was has led to this halt in training. curriculum. That is the status today. an almost unprecedented act and As a search for the root causes con- The Navy is already short on pilots, brought considerable attention to a tinues, data collection is worth stress- and continuing the status quo could problem plaguing the Navy’s tactical ing. These aircraft do not have auto- further constrict the pilot production fighter community: a dramatic and matic sensors. In effect, the pilot is the pipeline. sustained increase in so-called physio- sensor. Maximizing data collection on Where do we go from here? The Navy logical episodes, or PE events, across every training flight is critical. The has brought three T–45s that have ex- the FA–18 Hornet, the EA–18 Growler, collection of more data can help in the perienced physiological episodes to

VerDate Sep 11 2014 03:29 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.050 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2598 CONGRESSIONAL RECORD — SENATE April 27, 2017 Naval Air Station Patuxent River, MD, monuments that threaten the western We desperately need a new process for extensive engineering investigation way of life. Too often, Presidents have for creating national monuments. Con- and analysis. They are taking the air- abused the authority under the Antiq- gress and impacted local communities, planes apart at Pax River. I applaud uities Act to satisfy the demands of an not the President alone, should have a this action. Initial results of the test- extreme environmental agenda but no say in decisions that restrict access to ing should be available next week with more. millions of acres of federally owned more information to follow as the data Following yesterday’s Executive land. In making such decisions, the is processed. At the same time, engi- order, I look forward to working with voice of the people is paramount. neers have teamed up with pilots from the Trump administration to address Let me be clear: Abusing the Antiq- both the test community and the train- past abuses and restore the original uities Act at the expense of local com- ing command, including at least one meaning of the Antiquities Act. The munities is not a sustainable public Meridian instructor pilot. They are in- Executive order directs Secretary of lands strategy. This strategy is vestigating possible mitigations, such Interior Ryan Zinke to review dozens counterintuitive because it puts Antiq- as alterations to pilot masks. This will of national monuments. This is a wel- uities Act authority at great risk. The allow our instructors and student pi- comed opportunity to set a new prece- Antiquities Act was designed to pro- lots to get back to what they want to dent for the responsible use of the An- vide specific protections for objects of do most; that is, to fly and train new tiquities Act—a precedent that will antiquity, but out West, particularly in pilots to fly. take into account the needs of locals Utah, the law has become synonymous In addition, on April 21, Vice Chief of and foster greater trust between the with land grabs and Federal overreach. Naval Operations, Admiral Moran, di- States and the Federal Government as Restoring the legitimacy of Antiq- rected Admiral Scott Swift, com- we work toward a shared goal of pre- uities Act authority in the eyes of mander of the U.S. Pacific Fleet, to serving our cultural antiquities. westerners requires a more measured lead a month-long review of the facts, For decades, I have sought to rein in approach to monument designations, circumstances, and processes sur- Executive abuse under the Antiquities an approach that takes into account rounding the recent episodes and how Act. That is why I traveled to Bears the needs of locals and restores trust the Navy has addressed them. The Ears just last week to hear firsthand between States and the Federal Gov- Swift review will evaluate the Navy’s from the local residents and Tribal ernment. organizational structures and processes members who have been hurt most by To be clear, I have no objection when and make recommendations for addi- this monument designation. That is Presidents use the Antiquities Act ac- tional action. why, in the opening days of his Presi- cording to its original purpose, which These efforts are desperately needed. dency, I met personally with President was to protect cultural antiquities by Still, we have no real diagnosis. Still, Trump in the Oval Office to discuss the designating the minimum acreage nec- we have no real solution in the works. public lands issue at length. I made essary. Take, for example, the great Senators should know this: As of 3 clear to the President that Utahns State of Washington, which is home to weeks ago, problems with histotoxic have had enough of monument designa- several national monuments that were hypoxia at our naval training bases tions that come down unilaterally with created in line with the law’s original have earned the full attention of the zero support from locals, State offi- intent. The State’s beautiful San Juan top leadership in the Navy. These prob- cials, or Congress. Many of my own Islands cover only 970 acres, while the lems also have the full attention and constituents have had their lives up- Hanford Reach encompasses 195,000 oversight of the Senate Armed Services ended by this abuse of Executive acres. At first glance, this amount of Committee and the Seapower Sub- power. acreage may seem large, but compared committee. For too long, Utahns—many of whom to Utah’s two most prominent national I look forward to continued inter- depend on public lands for their very monuments, it is a tiny speck on the action with the Navy leadership on this livelihood—have been at the mercy of map. In fact, the total acreage of the very important issue. out-of-touch bureaucrats who have lit- San Juan Islands and Hanford Reach Mr. President, I yield the floor. tle knowledge or personal connection combined is only 6 percent of the size The PRESIDING OFFICER. The Sen- to the land. President Obama only of Bears Ears and Grand Staircase- ator from Utah. made their situation worse when he Escalante National Monuments. ANTIQUITIES ACT spurned the men and women of San In the State of Washington, Presi- Mr. HATCH. Mr. President, I rise to Juan County by declaring the Bears dents have used the Antiquities Act commemorate an important day for Ears National Monument last Decem- within reason. Unfortunately, the same Utah and the western way of life. Just ber. In doing so, he defied the will of cannot be said for my home State of yesterday, the President signed an Ex- the State legislature, the Governor, Utah, where Presidents have repeat- ecutive order calling for review of and the entire Utah congressional dele- edly abused their authority under the monument designations across the gation. President Obama’s last-minute law to declare eight national monu- United States, with a specific focus on monument designation imposed even ments that together span more than 3.3 two national monuments that have greater land use restrictions on a re- million acres. In Utah, national monu- caused significant damage in my home gion that is already predominately ments cover roughly 10 percent of all State of Utah: Bears Ears and the controlled by the Federal Government. Federal land in a State where 67 per- Grand Staircase-Escalante. As I have said before, in opposing the cent of the land is already owned and Yesterday’s Executive action is the Bears Ears National Monument des- dominated by the Federal Government. culmination of countless hours of hard ignation, I am in no way opposing the By contrast, only 28 percent of the land work and close coordination with the protection of lands that need to be pro- in the State of Washington is owned by White House. When I first spoke with tected. Indeed, there are many cultural the Federal Government. Of that Fed- President Trump in the Oval Office sites in Utah that warrant preserva- eral land, only 1.6 percent is locked during his first week on the job, I tion, and I am committed to working away as a national monument. It is no asked for his help in addressing the with the President and with Congress wonder, then, that Utahns feel more Bears Ears debacle. From day one, our to protect those sacred places for fu- threatened by the Antiquities Act than President has been committed to help- ture generations. But as I have also Washingtonians. This is a law that past ing us fix this disaster and ensuring said previously, I believe that it is both Presidents have brandished as a weap- that our smallest counties get a fair unlawful and undemocratic for any on to cut up entire sections of our shake. President to seize millions upon mil- State. Throughout my Senate service, I lions of acres of land through the An- This is far from the first time I have have fought to give voice to the needs tiquities Act—a law that was geared to taken to the floor to speak out against of our rural communities in the debate give the President only narrow author- Antiquities Act abuse. It certainly over public lands. Too often, past ity to designate special landmarks, won’t be the last. But I am encouraged Presidents have ignored the concerns such as a unique national arch or the by yesterday’s Executive order with of Utah’s families in declaring massive site of old cliff dwellings. President Trump and Secretary Zinke

VerDate Sep 11 2014 03:29 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.051 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2599 on our side. I believe we can plot a path Presidents have played pure politics to provide real accountability to the forward to correct past abuses and with public lands at the expense of the Congress by requiring reporting to forge a new precedent for future monu- States involved, especially my State. Congress about what it finds and real ment designations. It is easy to pick on a State that is 67 whistleblower protection, so that any- The President’s Executive action sig- percent owned by the Federal Govern- body who complains about the VA’s nifies a critical milestone in the effort ment and up to well over 70 percent misdirected or misguided action is as- to include local voices in the manage- owned by the Federal and State gov- sured protection against any kind of ment of our public lands. As the Trump ernments. It is easy to pick on these revenge or retaliation, which is the es- administration reviews various na- States—a small State indeed. But our sence of whistleblower protection, and tional monuments, we must replace the State is resilient. We have some of the a Senate-confirmed director so that the top-down approach of past administra- better people in Congress, and we also accountability function is, again, ac- tions with a grassroots strategy that have the ability to be able to raise all countable to us. That kind of statutory engages local leaders, State officials, kinds of hell here. embodiment is necessary to make sure and Members of Congress in the deci- All I can say is that I just want my that the Office of Accountability and sion-making process. Bringing all State treated fairly. I want to make Whistleblower Protection has power stakeholders to the table is essential to sure the bureaucrats here in Wash- and reporting requirements so that it establish a new precedent that will ington don’t walk all over the West be- is accountable to us as elected rep- undo the decades of abuse we have en- cause they think they can because of resentatives and advocates for our vet- dured under, I think, false interpreta- the wide expanses of territory and the erans. tions of the Antiquities Act. many, many other aspects of the West- My hope is that the Senate and I am eager to continue working with ern States that make them vulnerable House will adopt that provision, one the President and the Secretary of the to this type of inappropriate activity. that was contained in the Veterans Interior to preserve our Nation’s cul- I yield the floor. First bill that Senator ISAKSON and I tural treasures in a way that honors I suggest the absence of a quorum. championed during the last Senate and the original meaning of the Antiquities The PRESIDING OFFICER. The which I hope we will pursue again in a Act. I am likewise eager to involve clerk will call the roll. very bipartisan way. locals in that process. With all parties The legislative clerk proceeded to I also hope that the Senate will take working together, I firmly believe we call the roll. up and pass S. 12, the Increasing the can restore a relationship of trust be- Mr. BLUMENTHAL. Mr. President, I Department of Veterans Affairs Ac- tween the States and the Federal Gov- ask unanimous consent that the order countability to Veterans Act of 2017. ernment in the management of public for the quorum call be rescinded. My colleague, Senator MORAN, a co- lands. The PRESIDING OFFICER. Without sponsor with me, spoke about it earlier I am grateful for a President who is objection, it is so ordered. today. It would provide reduction of willing to work with us to reset the VA ACCOUNTABILITY benefits for senior executives and cer- status quo. Better than any of his pred- Mr. BLUMENTHAL. Mr. President, tain healthcare employees of the De- ecessors, President Trump understands one goal we share in this body, which is partment of Veterans Affairs if they the lasting damage wrought by past a very bipartisan goal, is keeping faith have been convicted of a felony in con- Presidents under the Antiquities Act. with our veterans, making sure no vet- nection with their work. VA employees Indeed, in all my years of public serv- eran is left behind. who commit serious crimes in connec- ice, I have never seen a President so I had the great honor to work as tion with their employment should not committed to reining in the Federal ranking member with Senator ISAKSON, be receiving pensions. That is one of Government and so eager to address the chairman of the Veterans’ Affairs the key provisions to activate a deter- the problems caused by these over- Committee, on a bill called the Vet- rent to misconduct and also to assure reaching monument designations. erans First Act that unfortunately that misconduct is adequately pun- I wish to thank President Trump and failed to cross the finish line during ished. Secretary Zinke for taking concrete the last session. One of the major goals Accountability for leaders who man- steps to rein in abuse through yester- of that bill was to ensure account- age the Department of Veterans Affairs day’s Executive order. ability at the Department of Veterans Employee Affairs would be another I also wish to thank the President’s Affairs so employees of the VA who fail goal of this legislation, S. 12, so that Chief of Staff, Reince Priebus, who to do their job are held accountable. the men and women who hire and fire helped make yesterday’s victory pos- That goal of accountability is one of a are themselves evaluated when they do sible. Reince has done exceptionally number that must be pursued and will those jobs. well in one of the toughest jobs in all be sought during this session, including These kinds of details are impor- of Washington. The President is lucky ending the backlog of appeals and pro- tant—as important as any new office to have Reince in the White House. I viding better healthcare, ensuring with an individual whose unspecified am lucky to call him a friend. skills training and job opportunities powers may include them or not. Right I also wish to thank my former chief for our veterans. now they do not, under the Executive of staff, Ron Porter, who is now a spe- Today the President signed an Execu- order, specifically include such enu- cial assistant to the President and the tive order at the Department of Vet- merated powers. That is our job, to Staff Secretary at the White House. erans Affairs to designate an individual make sure that this office of account- Rob is an invaluable asset to the Presi- responsible for accountability and ability is real in its responsibility, is dent’s team and ours as well. Without whistleblower protection, a worthwhile clearly assigned in its functions, is him, yesterday’s Executive order would first step. It is a commendable step to- held accountable for its performance never have come to fruition, at least in ward accountability. But that indi- and has real teeth, not just rhetoric. my opinion. Rob was among the finest vidual and the Office of Accountability I am hopeful that we will move ahead men ever to serve as my chief of staff. and Whistleblower Protection must with this very, very important office to I have enjoyed watching him succeed have real responsibility and power and make sure that our veterans receive at the White House. must be insulated from any kind of po- what they deserve—real account- Yesterday we took a meaningful first litical interference through establish- ability, a genuine assurance that the step to fix past abuses under the Antiq- ment through statute. That office people who serve them will do their uities Act. Yet there is still much work should be established by statutory au- jobs, not just adequately but excel- to be done, and I look forward to work- thority. That is why I will be advo- lently. That is the goal that I believe ing with the White House every step of cating and likely introducing legisla- we will share. the way. tion that involves supporting and I welcome this Executive order. I be- With that, I am grateful for all those training employees and listening to lieve we can and must do more to make who have participated in helping us to veterans about what they want from sure that the VA keeps faith with our right the wrongs that have been going the VA through that Office of Account- veterans and leaves no veterans behind. on for far too long, as some of the ability and Whistleblower Protection, Thank you, Mr. President.

VerDate Sep 11 2014 03:29 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.053 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2600 CONGRESSIONAL RECORD — SENATE April 27, 2017 I yield the floor. a few days to process the larger bill. the other side of the aisle know that if I suggest the absence of a quorum. The House has posted a 1-week CR to we don’t pass the 1-week extension, the The PRESIDING OFFICER. The keep the government open. We are pre- miners’ healthcare expires, but it is in clerk will call the roll. pared to clear the 1-week CR on this the 1-week extension. If we don’t pass The bill clerk proceeded to call the side of the aisle. the 1-week extension, the miners’ roll. Therefore, I ask unanimous consent healthcare revision expires. Mr. BARRASSO. Mr. President, I ask that the text of a joint resolution, Mr. SCHUMER. We are aware. unanimous consent that the order for which is at the desk—that is, a 1-week Mr. MCCONNELL. Mr. President, I the quorum call be rescinded. continuing resolution—be printed in move to reconsider the vote, and I The PRESIDING OFFICER (Mr. KEN- the RECORD; further, that if the Senate move to table the motion to recon- NEDY). Without objection, it is so or- receives a joint resolution from the sider. dered. House, the text of which is identical to The PRESIDING OFFICER. The All time has expired. the text of the joint resolution printed question is on agreeing to the motion. The question is, will the Senate ad- in the RECORD, the joint resolution be The motion was agreed to. vise and consent to the Acosta nomina- considered to have been read three f tion? times and passed, and that the motion Mr. BARRASSO. Mr. President, I ask to reconsider be considered to have LEGISLATIVE SESSION for the yeas and nays. been made and laid upon the table; pro- The PRESIDING OFFICER. Is there a vided further, that if the language is MORNING BUSINESS sufficient second? not identical, then this order be viti- There appears to be a sufficient sec- ated. Mr. MCCONNELL. Mr. President, I ond. The PRESIDING OFFICER. Is there ask unanimous consent that the Sen- The clerk will call the roll. objection? ate be in a period of morning business, The bill clerk called the roll. Mr. SCHUMER. Mr. President, re- with Senators permitted to speak Mr. CORNYN. The following Senator serving the right to object. therein for up to 10 minutes each. is necessarily absent: the Senator from The PRESIDING OFFICER. The The PRESIDING OFFICER. Without Pennsylvania (Mr. TOOMEY). Democratic leader. objection, it is so ordered. Mr. DURBIN. I announce that the Mr. SCHUMER. Mr. President, col- f Senator from Michigan (Mr. PETERS) is leagues, I am objecting because we still 25TH ANNIVERSARY VERMONT necessarily absent. have to resolve the issue of poison pill SMALL BUSINESS DEVELOPMENT The PRESIDING OFFICER. Are there riders before Democrats can agree to CENTER any other Senators in the Chamber de- the short-term CR. siring to vote? Let’s make no mistake about it, we Mr. LEAHY. Mr. President, the The result was announced—yeas 60, are indeed making great progress. I Vermont Small Business Development nays 38, as follows: thank the majority leader. He has been Center, VtSBDC, is joining SBDC’s [Rollcall Vote No. 116 Ex.] cooperative and extremely helpful across the country in celebrating its 25th anniversary as a crucial resource YEAS—60 throughout the process. I thank Chair- for entrepreneurs. These centers pro- Alexander Gardner Murkowski man COCHRAN and Senator LEAHY the Barrasso Graham Nelson same. But our position has been clear, vide services to facilitate the creation, Blunt Grassley Paul and it is nothing new: no poison pill sustainability, and growth of viable Boozman Hatch Perdue riders. The sooner we can resolve this businesses. In Vermont, it is no secret Burr Heitkamp Portman that we take particular pride in our Capito Heller Risch issue, the quicker we can have an Cassidy Hoeven Roberts agreement on appropriations for 2017. local businesses. Our entrepreneurs and Cochran Inhofe Rounds So I object. their businesses are at the heart of our Collins Isakson Rubio vibrant communities, and they are the Corker Johnson Sasse The PRESIDING OFFICER. Objec- Cornyn Kennedy Scott tion is heard. roots of a thriving economy. Cortez Masto King Shelby The majority leader. Over the past 25 years, VtSBDC has Cotton Lankford Strange Mr. MCCONNELL. Mr. President, I helped countless businesses capitalize Crapo Lee Sullivan on their potential. From glassblowers Cruz Manchin Tester would only add—not to prolong the dis- Daines McCain Thune cussion, but I don’t think the failure to to forestry and sugarmakers to res- Enzi McCaskill Tillis pass the 1-week CR necessarily impacts taurants, VtSBDC has delivered thou- Ernst McConnell Warner sands of hours of professional business Fischer Menendez Wicker in a positive way the concerns the Flake Moran Young Democratic leader has. But that is his counseling and training that is focused call to make. This 1-week CR is cleared on strategic planning, business devel- NAYS—38 on our side. opment, financial planning, and cash Baldwin Feinstein Murray The PRESIDING OFFICER. The flow management. After the devasta- Bennet Franken Reed tion of Tropical Storm Irene, VtSBDC Blumenthal Gillibrand Sanders Democratic leader. Booker Harris Schatz Mr. SCHUMER. Mr. President, there reached out with State and Federal Brown Hassan Schumer is a simple way to resolve it, and that partners to offer small business owners Cantwell Heinrich Shaheen the assistance and support necessary to Cardin Hirono is, the Republican leader of the Senate Stabenow undergo full recovery efforts. I am reg- Carper Kaine Udall and the Speaker of the House just Casey Klobuchar Van Hollen agree to no poison pill riders. ularly reminded of VtSBDC’s worth to Coons Leahy Warren I yield the floor. entrepreneurs through client Donnelly Markey Whitehouse Duckworth Merkley The PRESIDING OFFICER. The Sen- testimonials, regularly highlighting Durbin Murphy Wyden ator from Kansas. that, without the assistance of VtSBDC staff, their business would not NOT VOTING—2 Mr. ROBERTS. Mr. President, I sug- gest the absence of a quorum. have been able to reach the next levels. Peters Toomey The PRESIDING OFFICER. The In addition to working with individuals The nomination was confirmed. clerk will call the roll. to achieve their dreams, VtSBDC has The PRESIDING OFFICER. The ma- The senior assistant legislative clerk also supported business incubators, or jority leader is recognized. proceeded to call the roll. coworking spaces, where fledgling busi- UNANIMOUS CONSENT REQUEST—JOINT Mr. MCCONNELL. Mr. President, I nesses and industries find their footing RESOLUTION ask unanimous consent that the order alongside other new businessowners. Mr. MCCONNELL. Mr. President, col- for the quorum call be rescinded. Founded as a pilot program run by leagues, it is my understanding that The PRESIDING OFFICER. Without the Small Business Administration in the four corners who are working on objection, it is so ordered. 1977, national small business develop- the omnibus appropriations are very, Mr. MCCONNELL. Mr. President, I ment centers have a long history prov- very close to agreement. We still need wish to make sure my colleagues on ing public-private partnerships and,

VerDate Sep 11 2014 05:43 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.065 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2601 when done right, are a successful tool tions activity has occurred for the fis- TABLE 1.—SENATE AUTHORIZING COMMITTEES—ENACTED in expanding local pilot programs that cal year 2017 cycle. DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET benefit communities and States across In addition to the tables provided by RESOLUTIONS—Continued our Nation. Small business owners al- Budget Committee Republican staff, I [In millions of dollars] ways face many obstacles, but the pro- am submitting CBO tables, which I will 2017– 2017– fessionals at VtSBDC provide invalu- use to enforce budget totals approved 2017 2021 2026 able resources, support, and advice to by the Congress. help overcome these challenges. CBO provided a spending and revenue Outlays ...... 0 0 0 Commerce, Science, and Transportation I want to congratulate the Vermont report for fiscal year 2017, which helps Budget Authority...... 1 1 1 Small Business Development Center on enforce aggregate spending levels in Outlays ...... 1 1 1 Energy and Natural Resources their 25th anniversary and thank their budget resolutions under CBA section Budget Authority...... 0 0 0 dedicated staff for their commitment, Outlays ...... 0 0 0 311. In its report, CBO annualizes the Environment and Public Works energy, and time working to make sure temporary effects of the latest con- Budget Authority...... 0 0 0 that Vermont’s small businesses re- Outlays ...... 0 0 0 tinuing resolution, which provides Finance main strongly grounded and growing in funding through April 28, 2017. For the Budget Authority...... 0 0 0 Vermont. Outlays ...... 0 0 0 enforcement of budgetary aggregates, Foreign Relations f the Budget Committee excludes this Budget Authority...... 0 0 0 Outlays ...... 0 0 0 BUDGET SCOREKEEPING REPORT temporary funding. As such, the com- Homeland Security and Governmental Af- mittee views current-law levels as fairs Mr. ENZI. Mr. President, I wish to Budget Authority...... 0 0 0 being $953 billion and $583.2 billion Outlays ...... 0 0 0 submit to the Senate the budget below budget resolution levels for Judiciary scorekeeping report for April 2017. The Budget Authority...... 0 0 0 budget authority and outlays, respec- Outlays ...... 0 0 0 report compares current-law levels of tively. Health, Education, Labor, and Pensions spending and revenues with the Budget Authority...... 0 0 0 Revenues are consistent with the lev- Outlays ...... 0 0 0 amounts the Senate agreed to in the els assumed in the budget resolution Rules and Administration budget resolution for fiscal year 2017, Budget Authority...... 0 0 0 for fiscal year 2017. Over the fiscal year Outlays ...... 0 0 0 S.Con.Res. 3. This information is nec- 2017–2021 and fiscal year 2017–2026 pe- Intelligence essary for the Senate Budget Com- Budget Authority...... 0 0 0 riod, however, revenues are $1 million Outlays ...... 0 0 0 mittee to determine whether budget below assumed levels due to the enact- Veterans’ Affairs points of order lie against pending leg- Budget Authority...... 0 0 0 ment of H.J. Res. 83, P.L. 115–21, a reso- Outlays ...... 0 200 200 islation. The Republican staff of the lution considered under the Congres- Indian Affairs Senate Budget Committee and the Con- Budget Authority...... 0 0 0 sional Review Act for disapproving of Outlays ...... 0 0 0 gressional Budget Office, CBO, pre- the rule by the Department of Labor Small Business pared this report pursuant to section Budget Authority...... 0 0 0 relating to ‘‘Clarification of Employ- Outlays ...... 0 0 0 308(b) of the Congressional Budget Act, er’s Continuing Obligation to Make and CBA. Total Maintain an Accurate Record of Each Budget Authority...... 1 1 1 My last filing can be found in the Recordable Injury and Illness.’’ RECORD on March 1, 2017. The informa- Outlays ...... 1 201 201 Social Security outlays and revenues tion contained in this report captures are at the levels assumed in S.Con.Res. legislative activity since that filing 3. TABLE 2.—SENATE APPROPRIATIONS COMMITTEE— through April 25, 2017. 1 CBO’s report also provides informa- ENACTED REGULAR DISCRETIONARY APPROPRIATIONS Republican Budget Committee staff tion needed to enforce the Senate pay- [Budget authority, in millions of dollars] prepared Tables 1–3 of this report. Table 1 gives the amount by which as-you-go, PAYGO, rule. The Senate’s 2017 PAYGO scorecard currently shows in- each Senate authorizing committee ex- Security 2 Nonsecurity 2 ceeds or is below its allocation for creased deficits of $202 million over the budget authority and outlays under the fiscal year 2016–2021 and fiscal year Statutory Discretionary Limits ...... 551,068 518,531 2016–2026 periods. For both of these pe- Amount Provided by Senate Appropriations Subcommittee most recently adopted budget resolu- Agriculture, Rural Development, and tion. This information is used for en- riods, outlays have been increased by Related Agencies ...... 0 9 forcing committee allocations pursu- $201 million, and revenues have been Commerce, Justice, Science, and Re- lated Agencies ...... 0 7 ant to section 302 of the CBA. For this reduced by $1 million. The Senate’s Defense ...... 45 0 reporting period, 14 of the 16 author- PAYGO rule is enforced by section 201 Energy and Water Development ...... ¥340 ¥340 Financial Services and General Govern- izing committees are in compliance of S. Con.Res.21, the fiscal year 2008 ment ...... 0 0 with their allocations. The two com- budget resolution. Homeland Security ...... 0 9 Finally, included in this submission Interior, Environment, and Related mittees out of compliance are: the Agencies ...... 0 120 Committee on Commerce, Science, and is a table tracking the Senate’s budget Labor, Health and Human Services, enforcement activity on the floor. No Education and Related Agencies ..... 0 24,570 Transportation, for spending $1 million Legislative Branch ...... 0 ¥1 more in budget authority and outlays budget points of order have been raised Military Construction and Veterans Af- since my last filing. fairs, and Related Agencies ...... 7,898 74,600 than allowed over each enforcement State Foreign Operations, and Related window due to passage of the National All years in the accompanying tables Programs ...... 0 0 are fiscal years. Transportation and Housing and Urban Aeronautics and Space Administration Development, and Related Agencies 0 4,400 Transition Authorization Act of 2017, I ask unanimous consent that the ta- bles be printed in the RECORD. Current Level Total ...... 7,603 103,374 P.L. 115–10; and the Committee on Vet- Total Enacted Above (+) or Below erans Affairs, which violates its outlay There being no objection, the mate- (¥) Statutory Limits ...... ¥543,465 ¥415,157 rial was ordered to be printed in the allocation by $200 million over both the 1 This table excludes spending pursuant to adjustments to the discre- fiscal year 2017–2021 and fiscal year RECORD, as follows: tionary spending limits. These adjustments are allowed for certain purposes in section 251(b)(2) of BBEDCA. 2017–2026 periods. The latter violation— 2 TABLE 1.—SENATE AUTHORIZING COMMITTEES—ENACTED Security spending is defined as spending in the National Defense budg- the largest of this reporting period— et function (050) and nonsecurity spending is defined as all other spending. DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET stems from passage of a bill to amend RESOLUTIONS the Veterans Access, Choice, and Ac- TABLE 3.—SENATE APPROPRIATIONS COMMITTEE—EN- countability Act of 2014 to modify the [In millions of dollars] ACTED CHANGES IN MANDATORY SPENDING PROGRAMS termination date for the Veterans (CHIMPS) 2017 2017– 2017– Choice Program, and for other pur- 2021 2026 [Budget authority, millions of dollars] poses, P.L. 115–26. This measure re- Agriculture, Nutrition, and Forestry 2017 moved the August 7, 2017, sunset from Budget Authority...... 0 0 0 the program to allow funds previously Outlays ...... 0 0 0 CHIMPS Limit for Fiscal Year 2017 ...... 19,100 Armed Services Senate Appropriations Subcommittees appropriated to be fully exhausted. Budget Authority...... 0 0 0 Outlays ...... 0 0 0 Agriculture, Rural Development, and Related Agencies 0 Tables 2–3 remain unchanged from Banking, Housing, and Urban Affairs Commerce, Justice, Science, and Related Agencies ...... 0 the last report as no new appropria- Budget Authority...... 0 0 0 Defense ...... 0

VerDate Sep 11 2014 07:23 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.035 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2602 CONGRESSIONAL RECORD — SENATE April 27, 2017 TABLE 3.—SENATE APPROPRIATIONS COMMITTEE—EN- U.S. CONGRESS, TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- ACTED CHANGES IN MANDATORY SPENDING PROGRAMS CONGRESSIONAL BUDGET OFFICE, ING AND REVENUES FOR FISCAL YEAR 2017, AS OF (CHIMPS)—Continued Washington, DC, April 27, 2017. APRIL 25, 2017 Hon. MIKE ENZI, [Budget authority, millions of dollars] [In billions of dollars] Chairman, Committee on the Budget 2017 U.S. Senate, Washington, DC. Current DEAR MR. CHAIRMAN: The enclosed report Budget Level shows the effects of Congressional action on Current Over/Under Energy and Water Development ...... 0 Resolution a Level b Financial Services and General Government ...... 0 the fiscal year 2017 budget and is current (¥) Homeland Security ...... 0 through April 25, 2017. This report is sub- Resolution Interior, Environment, and Related Agencies ...... 0 mitted under section 308(b) and in aid of sec- Labor, Health and Human Services, Education and Re- On-Budget tion 311 of the Congressional Budget Act, as Budget Authority ...... 3,226.1 3,308.0 81.9 lated Agencies ...... 0 amended. Legislative Branch ...... 0 Outlays ...... 3,224.6 3,254.7 30.1 The estimates of budget authority, out- Revenues ...... 2,682.1 2,682.1 0.0 Military Construction and Veterans Affairs, and Related lays, and revenues are consistent with the Agencies ...... 0 Off-Budget Social Security Outlays c 805.4 805.4 0.0 State Foreign Operations, and Related Programs ...... 0 technical and economic assumptions of S. Social Security Revenues 826.0 826.0 0.0 Transportation and Housing and Urban Development, Con. Res. 3, the Concurrent Resolution on and Related Agencies ...... 0 the Budget for Fiscal Year 2017. Source: Congressional Budget Office. Since our last letter dated March 1, 2017, a Excludes $81,872 million in budget authority and $40,032 million in Current Level Total ...... 0 the Congress has cleared and the President outlays assumed in S. Con. Res. 3 for non-regular discretionary spending, Total CHIMPS Above (+) or Below (¥) Budget has signed the National Aeronautics and including spending that qualifies for adjustments to discretionary spending Resolution ...... ¥19,100 Space Administration Authorization Act of limits pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, that is not yet allocated to the Senate Com- 2017 (Public Law 115–10). That act has signifi- mittee on Appropriations. cant effects on budget authority and outlays b Excludes emergency funding that was not designated as an emergency in fiscal year 2017. requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Sincerely, Emergency Deficit Control Act of 1985. c Excludes administrative expenses paid from the Federal Old-Age and KEITH HALL, Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Director. Fund of the Social Security Administration, which are off-budget, but are Enclosure. appropriated annually. TABLE 2—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2017, AS OF APRIL 25, 2017 [In millions of dollars]

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a. n.a. 2,682,088 Permanents and other spending legislation ...... 2,054,297 1,960,884 n.a. Appropriation legislation ...... 138,258 619,553 n.a. Offsetting receipts ...... ¥834,250 ¥834,301 n.a. Total, Previously Enacted ...... 1,358,305 1,746,136 2,682,088 Enacted Legislation: National Aeronautics and Space Administration Authorization Act of 2017 (P.L. 115–10) ...... 1 1 0 Continuing Resolution: Further Continuing and Security Appropriations Act, 2017 (P.L. 114–254) b,c,d ...... 1,034,868 613,341 0 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 914,848 895,267 0 Total Current Level e ...... 3,308,022 3,254,745 2,682,088 Total Senate Resolution f ...... 3,226,128 3,224,630 2,682,088 Current Level Over Senate Resolution ...... 81,894 30,115 n.a. Current Level Under Senate Resolution ...... n.a. n.a. n.a. Memorandum: Revenues, 2017–2026: Senate Current Level ...... n.a. n.a. 32,351,659 Senate Resolution ...... n.a. n.a. 32,351,660 Current Level Over Senate Resolution ...... n.a. n.a. n.a. Current Level Under Senate Resolution ...... n.a. n.a. 1 Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. Includes the budgetary effects of enacted legislation cleared by the Congress during the 114th session, prior to the adoption of S. Con. Res. 3, the Concurrent Resolution on the Budget for Fiscal Year 2017. Emergency funding that was not designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 does not count for certain budgetary enforcement purposes. These amounts, which are not included in the current level totals, are as follows: Further Continuing and Security Assistance Appropriations Act, 2017 (P.L. 114–254) ...... ¥2 ¥1 0 c Division A of P.L. 114–254 contains the Further Continuing Appropriations Act, 2017, which provides funding for those agencies within the jurisdiction of 11 of the 12 regular appropriations bills through April 28, 2017; those amounts are shown under the ‘‘Continuing Resolution’’ section of this table. Certain provisions in Division A provide funding until or beyond the end of fiscal year 2017; those amounts are shown in the ‘‘Previously Enacted’’ section of this table. In addition, Division B of P.L. 114–254 contains the Security Assistance Appropriations Act, 2017, which provides funding until or beyond the end of fiscal year 2017 for overseas contingency operations; those amounts are shown under the ‘‘Previously Enacted’’ section of this table. d Sections 193–195 of Division A of P.L. 114–254 provided funding, available until expended, for innovation projects and state responses to opioid abuse. CBO estimates that, for fiscal year 2017: The $20 million in discretionary budget authority provided by section 193 would result in an additional $5 million in outlays for FDA innovation projects; The $352 million in discretionary budget authority provided by section 194 would result in an additional $91 million in outlays for NIH innovation projects; The $500 million in discretionary budget authority provided by section 195 would result in an additional $160 million in outlays for state response to opioid abuse. Consistent with sections 1001–1004 of P.L. 114–255, for the purposes of estimating the discretionary budget authority and outlays for these provisions under the Congressional Budget and Impoundment Act of 1974 and the Balanced Budget and Emergency Deficit Act of 1985, these amounts are estimated to provide no budget authority or outlays. e For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the resolution, as approved by the Senate, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. f Excludes $81,872 million in budget authority and $40,032 million in outlays assumed in S. Con. Res. 3 for non regular discretionary spending, including spending that qualifies for adjustments to discretionary spending limits pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, that is not yet allocated to the Senate Committee on Appropriations. TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO SCORECARD FOR THE 115TH CONGRESS, AS OF APRIL SCORECARD FOR THE 115TH CONGRESS, AS OF APRIL SCORECARD FOR THE 115TH CONGRESS, AS OF APRIL 25, 2017 25, 2017—Continued 25, 2017—Continued [In millions of dollars] [In millions of dollars] [In millions of dollars]

2016–2021 2016–2026 2016–2021 2016–2026 2016–2021 2016–2026

Beginning Balance a ...... 0 0 Disapproving the rule submitted by the An act to amend the Veterans Access, Enacted Legislation: b,c,d Department of Labor relating to Choice, and Accountability Act of Tested Ability to Leverage Exceptional ‘‘Clarification of Employees Con- 2014 to modify the termination date National Talent Act of 2017 (P.L. tinuing Obligation to Make and Main- for the Veterans Choice Program, and 115–1) ...... * * tain an Accurate Record of Each Re- for other purposes (P.L. 115–26) ...... 200 200 Disapproving the rule submitted by the cordable Injury and Illness’’ (P.L. Department of the Interior known as 115–21) ...... 1 1 Current Balance ...... 202 202 the Stream Protection Rule (P.L. 115– Disapproving the rule submitted by the 5) ...... * * Memorandum: National Aeronautics and Space Admin- Department of Labor relating to sav- 2016–2021 2016–2026 istration Transition Authorization Act ings arrangements established by Changes to Revenues ...... ¥1 ¥1 of 2017 (P.L. 115–10) ...... 1 1 qualified State political subdivisions Changes to Outlays ...... 201 201 Providing for congressional disapproval for non-governmental employees (P.L. under chapter 8 of title 5, United 115–24) ...... * * Source: Congressional Budget Office. States Code, of the rule submitted by Notes: P.L. = Public Law; * = between ¥$500,000 and $500,000. the Department of Education relating a Pursuant to the statement printed in the Congressional Record on Janu- to teacher preparation issues (P.L. ary 17, 2017, the Senate Pay-As-You-Oo Scorecard was reset to zero. 115–14) ...... * *

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b The amounts shown represent the estimated effect of the public laws on c Excludes off budget amounts. the deficit. d Excludes amounts designated as emergency requirements. ENFORCEMENT REPORT OF LEGISLATION POST-S.CON.RES. 3, FY 2017 CONGRESSIONAL BUDGET RESOLUTION

Vote Date Measure Violation Motion to Waive Result

— ...... — ...... — ...... — ...... —

ARMS SALES NOTIFICATION (iv) Military Department: Army. Marker Beacon, (AN/ARN–123, Doppler/GPS Mr. CORKER. Mr. President, section (v) Prior Related Cases, if any: GR–B–JBK, (AN/ASN–128, Tactical Air Navigation GR–B–XMH. (TACAN) System AN/ARN–154(V), VGH FM 36(b) of the Arms Export Control Act (vi) Sales Commission, Fee, etc. Paid, Of- Homing (AN/ARC–20lD) is provided through requires that Congress receive prior no- fered, or Agreed to be Paid: None. the FM communication radio. Transponder tification of certain proposed arms (vii) Sensitivity of Technology Contained equipment (AN/APX–118) consists of an IFF sales as defined by that statute. Upon in the Defense Article or Defense Services receiver with inputs from the barometric al- such notification, the Congress has 30 Proposed to be Sold: See Attached Annex. timeter for altitude encoding. The AN/APX– calendar days during which the sale (viii) Date Report Delivered to Congress: 118 and AN/APX–118A transponder is classi- may be reviewed. The provision stipu- April 27, 2017. fied SECRET if Mode 4, or Mode 5 fill is in- lates that, in the Senate, the notifica- *As defined in Section 47(6) of the Arms stalled in the equipment with a crypto de- Export Control Act. tion of proposed sales shall be sent to vice. Mission equipment consists of the radar signal detecting set, (AN/APR–39A(V)1) and the chairman of the Senate Foreign POLICY JUSTIFICATION Government of Greece—CH–47D Helicopters the Common Missile Warning System Relations Committee. (CMWS) (AN/AAR–57). The AN/APR–39 Series In keeping with the committee’s in- The Government of Greece requested the Radar Warning Receiver sets are sensitive tention to see that relevant informa- possible sale of five (5) CH–47D helicopters, items are classified SECRET if the Unit Data tion is available to the full Senate, I seven (7) Common Missile Warning Systems Module has threat data software installed. ask unanimous consent to have printed (CMWS) (one (1) for each aircraft plus two (2) The software for this system determines the spares), and twelve (12) T55–GA–714A turbine classification. Normally a customer has spe- in the RECORD the notifications which engines (two (2) for each aircraft plus two (2) have been received. If the cover letter cific software developed to meet their re- spares). Also included are mission equip- quirements. references a classified annex, then such ment, communications and navigation 2. All defense articles and services listed in annex is available to all Senators in equipment, ground support equipment, spe- this transmittal have been authorized for re- cial tools and test equipment, spares, publi- the office of the Foreign Relations lease and export to Greece. Committee, room SD–423. cations, Maintenance Work Order/Engineer- ing Change Proposals (MWO/ECPs), technical 3. A determination has been made that the There being no objection, the mate- Government of Greece can provide the same rial was ordered to be printed in the support, and training, and other associated support equipment and services. The total degree of protection for the sensitive tech- RECORD, as follows: estimated cost is $80 million. nology being released as the U.S. Govern- DEFENSE SECURITY This proposed sale will enhance the foreign ment. The sale is necessary in furtherance of COOPERATION AGENCY, policy and national security objectives of the U.S. foreign policy and national security Arlington, VA. the United States by helping to improve the objectives as outlined in the Policy Jus- Hon. BOB CORKER, security of a NATO ally that has been, and tification of the notification. Chairman, Committee on Foreign Relations, continues to be, an important force for polit- DEFENSE SECURITY U.S. Senate, Washington, DC. ical stability and economic progress. Greece COOPERATION AGENCY, DEAR MR. CHAIRMAN: Pursuant to the re- intends to use these defense articles and Arlington, VA. porting requirements of Section 36(b)(1) of services to modernize its armed forces by in- Hon. BOB CORKER, the Arms Export Control Act, as amended, creasing its rotary-wing transport capa- Chairman, Committee on Foreign Relations, we are forwarding herewith Transmittal No. bility. This will contribute to the Greek U.S. Senate, Washington, DC. 17–15, concerning the Army’s proposed Let- military’s goal to upgrade its capability DEAR MR. CHAIRMAN: Pursuant to the re- ter(s) of Offer and Acceptance to the Govern- while further enhancing greater interoper- porting requirements of Section 36(b)(1) of ment of Greece for defense articles and serv- ability between Greece, the U.S. and other the Arms Export Control Act, as amended, ices estimated to cost $80 million, After this allies. we are forwarding herewith Transmittal No. letter is delivered to your office, we plan to The proposed sale of this equipment and 17–11, concerning the Navy’s proposed Let- issue a news release to notify the public of support does not alter the basic military bal- ter(s) of Offer and Acceptance to the Govern- this proposed sale. ance in the region. ment of Australia for defense articles and Sincerely, There is no principal contractor as the sys- services estimated to cost $137.6 million. J.W. RIXEY, tems will be coming from U.S. Army stocks. After this letter is delivered to your office, Vice-Admiral, USN Director. There are no known offset agreements pro- we plan to issue a news release to notify the Enclosures. posed in connection with this potential sale. public of this proposed sale. TRANSMITTAL NO. 17–15 Implementation of this proposed sale will Sincerely, Notice of Proposed Issuance of Letter of require U.S. Government or contractor rep- J.W. RIXEY, Offer Pursuant to Section 36(b)(1) of the resentatives to travel to Greece for equip- Vice Admiral, USN Director. Arms Export Control Act, as amended ment de-processing/fielding, system check- Enclosures. (i) Prospective Purchaser: Government of out and new equipment training. TRANSMITTAL NO. 17–11 Greece There will be no adverse impact on U.S. de- (ii) Total Estimated Value: fense readiness as a result of this proposed Notice of Proposed Issuance of Letter of Major Defense Equipment* $34 million. sale. Offer Pursuant to Section 36(b)(1) of the Other $46 million. Arms Export Control Act, as amended TRANSMITTAL NO. 17–15 Total $80 million. (i) Prospective Purchaser: Government of (iii) Description and Quantity or Quan- Notice of Proposed Issuance of Letter of Australia tities of Articles or Services under Consider- Offer Pursuant to Section 36(b)(1) of the ation for Purchase: Arms Export Control Act (ii) Total Estimated Value: Major Defense Equipment * $119.5 million. Major Defense Equipment (MDE): Annex Item No. vii Five (5) CH–47D Aircraft. Other $18.1 million. Seven (7) Common Missile Warning Sys- (vii) Sensitivity of Technology: Total $137.6 million. 1. The CH–47D is a medium lift aircraft, re- tems (CMWS) (one (1) for each aircraft plus (iii) Description and Quantity or Quan- manufactured from CH–47A, B, and C air- two (2) spares). tities of Articles or Services under Consider- Twelve (12) T55–GA–714A Turbine Engines craft. The CH–47D aircraft, which includes ation for Purchase: (two (2) for each aircraft plus two (2) spares). two T55–GA–714A turbine engines, has been Non-MDE includes: Also under consider- identified as Major Defense Equipment Major Defense Equipment (MDE): ation for this sale is mission equipment, (MDE). The avionic system in the CH–47D Up to seventy (70) AGM–88B High Speed communications and navigation equipment, helicopter consists of the communications Anti-Radiation Missiles (HARM) Tactical ground support equipment, special tools and equipment providing HF (AN/ARC–220), VHF Missiles. test equipment, spares, publications, Mainte- AM/FM (AN/ARC–186) and UHF–AM (AN/ Up to forty (40) AGM–88E Advanced Anti- nance Work Order/Engineering Change Pro- ARC–l64) communications. The voice secure Radiation Guided Missiles (AARGM) Tac- posals (MWO/ECPs), technical support, and equipment consists of the TSEC/KY–58 and tical Missiles. training, and other associated support equip- the TSEC/KY–l00. The navigation equipment Up to sixteen (16) CATM–88B HARM Cap- ment and services. includes ADF (AN/ARN–89 or 149, VOR ILS tive Air Training Missiles (CATM).

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Up to sixteen (16) CATM–88E AARGM TRANSMITTAL NO. 17–11 TRANSMITTAL NO. 17–14 CATM. Notice of Proposed Issuance of Letter of Notice of Proposed Issuance of Letter of Up to twenty-five (25) AGM–88B Control Offer Pursuant to Section 36(b)(1) of the Offer Pursuant to Section 36(b)(1) of the Sections. Arms Export Control Act Arms Export Control Act, as amended Up to twenty-five (25) AGM–88B Guidance Annex Item No. vii (i) Prospective Purchaser: Government of Sections. (vii) Sensitivity of Technology: Slovakia. Up to twenty (20) AGM–88E Control Sec- 1. The AGM–88E Advanced Anti-Radiation (ii) Total Estimated Value: Major Defense Equipment * $0 million. tions. Guided Missile (AARGM) weapon system is Other $150 million. Up to twenty (20) AGM–88E Guidance Sec- an air-to-ground missile intended to suppress Total $150 million. tions. or destroy land or sea-based radar emitters (iii) Description and Quantity or Quan- Non-MDE includes: Up to forty-eight (48) associated with enemy air defenses and pro- tities of Articles or Services under Consider- Telemetry/Flight Termination Systems, U.S. vides tactical air forces with a lethal coun- ation for Purchase: Government and contractor engineering, termeasure to enemy radar directed, surface- Major Defense Equipment (MDE): None. technical and logistics support services, and to-air missiles, and air defense artillery Non-MDE: Nine (9) Bell 429 Light Utility other associated support equipment and weapons systems. Destruction or suppression Helicopters with customer-unique modifica- services. of enemy radars denies the enemy the use of tions. Also included are WESCAM MX–10 (iv) Military Department: Navy. air defense systems, thereby improving the cameras, training, spare parts, and logistical (v) Prior Related Cases, if any: AT–P–AZN. survivability of our tactical aircraft. It uses support, mission equipment, communication a multimode seeker that incorporates global and navigation equipment, special tools and (vi) Sales Commission, Fee, etc., Paid, Of- positioning system/inertial measurement test equipment, ground support equipment, fered, or Agreed to be Paid: None. unit (GPS/IMU) midcourse guidance, a radio airframe and engine spare parts, technical (vii) Sensitivity of Technology Contained frequency (RF) radiation homing receiver, data, publications, maintenance work order/ in the Defense Article or Defense Services an active millimeter wave seeker, an Inte- electronic change proposals, technical assist- Proposed to be Sold: See Annex Attached. grated Broadcast Service Receiver (IBS–R) ance, repair and return, quality assurance (viii) Date Report Delivered to Congress: and a Weapons Impact Assessment (WIA) team, and transportation of aircraft. *As defined in Section 47(6) of the Arms transmitter. The AARGM AGM–88E when as- (iv) Military Department: Army. Export Control Act. sembled is classified SECRET. The AARGM (v) Prior Related Cases, if any: None. (vi) Sales Commission, Fee, etc., Paid, Of- POLICY JUSTIFICATION Guidance Section (seeker hardware) and Control Section with the Target Detector is fered, or Agreed to be Paid: None. (vii) Sensitivity of Technology Contained Government of Australia—Anti-Radiation classified CONFIDENTIAL. in the Defense Article or Defense Services Missiles 2. The AGM–88B High Speed Anti-Radi- Proposed to be Sold: See Attached Annex. Australia has requested a possible sale of ation Missiles (HARM) weapon system is an (viii) Date Report Delivered to Congress: up to seventy (70) AGM–88B High Speed Anti- air-to-ground missile intended to suppress or April 27, 2017. Radiation Missiles (HARM) Tactical Mis- destroy land or sea-based radar emitters as- * As defined in Section 47(6) of the Arms siles; up to forty (40) AGM–88E Advanced sociated with enemy air defenses and pro- Export Control Act. Anti-Radiation Guided Missiles (AARGM) vides tactical air forces with a lethal coun- POLICY JUSTIFICATION Tactical Missiles; up to sixteen (16) CATM– termeasure to enemy radar directed, surface- 88B HARM Captive Air Training Missiles to-air missiles, and air defense artillery Government of Slovakia—Bell 429 Light (CATM); up to sixteen (16) CATM–88E weapons systems. Destruction or suppression Utility Helicopters AARGM CATM; up to twenty-five (25) AGM– of enemy radars denies the enemy the use of Slovakia has requested a possible sale of 88B Control Sections; up to twenty-five (25) air defense systems, thereby improving the nine (9) Bell 429 Light Utility Helicopters AGM–88B Guidance Sections; up to twenty survivability of our tactical aircraft. The with customer-unique modifications. Also (20) AGM–88E Control Sections; up to twenty AGM–88B HARM when assembled is classi- included are WESCAM MX–10 cameras, (20) AGM–88E Guidance Sections; up to forty fied CONFIDENTIAL. The HARM Guidance training, spare parts, and logistical support, eight (48) Telemetry/Flight Termination Section (seeker hardware), and Control Sec- mission equipment, communication and Systems; U.S. Government and contractor tion with the Target Detector are classified navigation equipment, special tools and test engineering, technical and logistics support CONFIDENTIAL. equipment, ground support equipment, air- services; and other associated support equip- 3. If a technologically advanced adversary frame and engine spare parts, technical data, ment and services. The total estimated cost were to obtain knowledge of the specific publications, maintenance work order/elec- is $137.6 million. hardware and software elements of this pos- tronic change proposals, technical assist- This sale will contribute to the foreign pol- sible sale, the information could be used to ance, repair and return, quality assurance icy and national security of the United develop countermeasures which might re- team, and transportation of aircraft. The es- States by helping to improve the security of duce weapon system effectiveness or be used timated cost is $150 million. This proposed sale will enhance the foreign a major contributor to political stability, se- in the development of a system with similar policy and national security objectives of curity, and economic development in the or advanced capabilities. the United States by helping to improve the Western Pacific. Australia is an important 4. A determination has been made that the security of a NATO ally that has been, and Major non-NATO Ally and partner that con- Government of Australia can provide sub- continues to be an important force for polit- tributes significantly to peacekeeping and stantially the same degree of protection for ical stability and economic progress within humanitarian operations around the world. the technology being released as the US Gov- Europe. It is vital to the U.S. national interest to as- ernment. The sale is necessary in further- ance of the US foreign policy and national The proposed sale of the Bell 429 light util- sist our ally in developing and maintaining a ity helicopters will improve Slovakia’s capa- strong and ready self-defense capability. security objectives as outlined in the Policy Justification of the notification. bility to meet current and future threats. Australia is requesting these missiles for Slovakia will use the enhanced capability to its Electronic Attack EA–18G Growler air- 5. All defense articles and services listed in this transmittal have been authorized for re- strengthen its homeland defense and deter craft. The proposed sale will improve Aus- regional threats. Slovakia will have no dif- tralia’s capability in current and future coa- lease and export to Australia. DEFENSE SECURITY ficulty absorbing these helicopters into its lition efforts. Australia will use this capa- armed forces. bility as a deterrent to regional threats and COOPERATION AGENCY, Arlington, VA. The proposed sale will not alter the basic to strengthen its homeland defense. Aus- military balance in the region. Hon. BOB CORKER, tralia will have no difficulty absorbing these The principal contractor will be Bell Heli- Chairman, Committee on Foreign Relations, additional missiles into its armed forces. copter of Piney Flats, Tennessee. There are U.S. Senate, Washington, DC. The proposed sale of this equipment and no known offset agreements in connection DEAR MR. CHAIRMAN: Pursuant to the re- with this potential sale. support does not alter the basic military bal- porting requirements of Section 36(b)(1) of Implementation of this proposed sale will ance in the region. the Arms Export Control Act, as amended, not require the assignment of any additional The prime contractors will be Orbital ATK we are forwarding herewith Transmittal No. U.S. Government or contractor representa- (OA), Ridgecrest, CA, and Raytheon Missile 17–14, concerning the Army’s proposed Let- Systems Company, Tucson, AZ. There are no tives to Slovakia. ter(s) of Offer and Acceptance to the Govern- There will be no adverse impact on U.S. de- known offset agreements proposed in connec- ment of the Slovakia for defense articles and tion with this potential sale. fense readiness as a result of this proposed services estimated to cost $150 million. After sale. Implementation of this proposed sale will this letter is delivered to your office, we plan TRANSMITTAL NO. 17–14 not require the assignment of additional U.S. to issue a news release to notify the public of Government or contractor representatives to this proposed sale. Notice of Proposed Issuance of Letter of travel to Australia. Sincerely, Offer Pursuant to Section 36(b)(1) of the There will be no adverse impact on U.S. de- J.W. RIXEY, Arms Export Control Act, as amended fense readiness as a result of this proposed Vice Admiral, USN, Director. Annex Item No. vii sale. Enclosures. (vii) Sensitivity of Technology:

VerDate Sep 11 2014 07:13 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.039 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2605 1. The Bell 429 is a light twin, newly manu- HAVEQUICK/Ground-Air Band, Ultra high teen (14) Guardian Laser Transmitter Assem- factured helicopter and is optimized for In- Frequency Satellite (UHF SATFCOM) Band blies (GLTA) and six (6) LAIRCM System strument Flight Rules (IFR), Category A, and Ultra High Frequency—Frequency Mod- Processor Replacements (LSPR) along with and JAROPS–3 compliant operations. The ulation Public Service Band. contractor spares, consumables, support Bell 429 features two/three multi-function 2. A determination has been made that the equipment, technical data, aircraft installa- displays, dual digital 3-axis autopilot and an recipient country can provide the same de- tion, flight test, certification, publications integrated electronic data recorder provides gree of protection for the sensitive tech- and training in order to upgrade the AN/ enhanced situational awareness and post nology being released as the U.S. Govern- AAQ–24(V) LAIRCM system on three (3) of flight analysis. The Bell 429 standard con- ment. its C–17 aircraft. The estimated total value is figuration for Communications, Navigation 3. This sale is necessary in furtherance of $33.5 million. and Surveillance (CNS) consists of Garmin the U.S. foreign policy and national security This proposed sale contributes to the for- GTN 650/750 NAV/COM/WAAS GPS system. objectives outlined in the Policy Justifica- eign policy and national security of the The Identifier, Friend or Foe (IFF) will be tion. Moreover, the benefits to be derived United States by enhancing the aircraft self- the APX–123, which provides the Mode 4/5 ca- from this sale, as outlined in the Policy Jus- protection capabilities of C–17 aircraft oper- pability. One (1) each Multi Sensor Cameras, tification, outweighs the potential damage ated by the NATO Airlift Management L3 WESCAM MX10s will be equipped on four that could result if the sensitive technology (NAM) Programme, a consortium of 12 na- (4) of the nine (9) Bell 429 Helicopters. The were revealed to unauthorized persons. tions, including the United States. The part- communications suite is as follows: one (1) 4. All defense articles and services listed in ner nations in this program fly missions in each AN/ARC–231 Multi-mode radios pro- this transmittal have been authorized for re- and around Europe, Afghanistan, Iraq, the viding VHF FM, VHF–AM, UHF, HQII and lease and export to the Slovak Republic. Levant, and North Africa. This sale an en- DAMA SATCOM. Aircraft survivability DEFENSE SECURITY hanced military capability for the NAM, and equipment (ASE) will not be provided on this COOPERATION AGENCY, will assist its associated nations in providing LOA. Arlington, VA airlift for personnel and equipment to loca- Identification and security classification Hon. BOB CORKER, tions requiring enhanced threat counter- of sensitive technological information and/or Chairman, Committee on Foreign Relations, measures. restricted information contained in the U.S. Senate, Washington, DC The proposed sale advances U.S. and NATO equipment, major components, subsystems, DEAR MR. CHAIRMAN: Pursuant to the re- policy goals of expanding the capabilities of software, technical data (Performance, porting requirements of Section 36(b)(I) of strategic airlift to NATO allies and partners. Maintenance, R&M, etc.) documentation, the Arms Export Control Act, as amended, The capabilities associated with this pro- training devices and services to be conveyed we are forwarding herewith Transmittal No. posed sale bolster the military strength of with the proposed sale to include a brief jus- 17–06, concerning the Air Force’s proposed the NATO alliance and its partners by in- tification/explanation of why information is Letter(s) of Offer and Acceptance to the creasing the self-protection capabilities of sensitive provided as follows: NATO Support and Procurement Agency for NAM airlift aircraft. NSPA will have no dif- (1) The AN/APX–123A, Identification defense articles and services estimated to ficulty absorbing this equipment. As these systems are defensive in nature, Friend of Foe (IFF) Transponder, is a space cost $33.5 million. After this letter is deliv- the proposed sale of this equipment and sup- diversity transponder and is installed on var- ered to your office, we plan to issue a news port will not alter the basic military balance ious military platforms. When installed in release to notify the public of this proposed in the region. conjunction with platform antennas and the sale. The prime contractor for production is RCU (or other appropriate control unit), the Sincerely, Northrup Grumman of Rolling Meadows, Illi- transponder provides identification, altitude J.W. RIXEY, nois. There are no known offset agreements and surveillance reporting in response to in- Vice Admiral, USN, Director. proposed in connection with this potential terrogations from airborne, ground-based Enclosures: and/or surface interrogators. The trans- sale. TRANSMITTAL NO. 17–06 ponder provides operational capabilities for Implementation of this proposed sale will Mark XIIA Identification Friend of Foe Notice of Proposed Issuance of Letter of not require the assignment of any additional (IFF) capabilities of Modes 1, 2, 3/A,C and 4&5 Offer Pursuant to Section 36(b)(1) of the U.S. Government or contractor representa- and Mode S (levels 1, 2, and 3 capable). Addi- Arms Export Control Act, as amended tives to NATO. tionally, the AN/APX–123 also provides auto- (i) Prospective Purchaser: NATO Support There will be no adverse impact to U.S. de- mated ID, position and latitude of the air- and Procurement Agency (NSPA) fense readiness as a result of this proposed craft, and unencrypted ADS–B and is com- (ii) Total Estimated Value: sale. patible with the Traffic Alert and Collision Major Defense Equipment* $25.0 million. TRANSMITTAL NO. 17–06 Avoidance System (TCAS) II equipment. Other $8.5 million. Notice of Proposed Issuance of Letter of (2) The WESCAM MX–10 is a small Multi- Total $33.5 million. Offer Pursuant to Section 36(b)(1) of the Sensor, Multi-Spectral Imaging System with (iii) Description and Quantity or Quan- Arms Export Control Act Inertial Measurement Unit (IMU) and Em- tities of Articles or Services under Consider- Annex Item No. vii ation for Purchase: The NATO Support and bedded with Global Positioning Systems (vii) Sensitivity of Technology: Procurement Agency requested the sale of (GPS) Standard Positioning Service (SPS). 1. The ANIAAQ–24V Large Aircraft Infra- AN/AAQ–24(V) Large Aircraft Infrared Coun- The WESCAM MX–10 camera system con- red Countermeasures (LAIRCM) is a self-con- termeasures (LAIRCM) components to sup- tains a LN–200 IMU manufactured by Nor- tained, directed energy countermeasures sys- port the upgrade of the LAIRCM system on throp Grumman in the United States. tem designed to protect aircraft from infra- three C–17 aircraft, along with spares. WESCAM MX–10 is embedded with GPS SPS. red-guided surface-to-air missiles. The sys- Major Defense Equipment (MDE): Fourteen SPS is a three-dimensional position and tem features digital technology and micro- (14) Guardian Laser Terminal Assemblies time determination capability provided to a miniature solid-state electronics. The sys- (GLTA) (9 + 5 spares). user equipped with a minimum capability tem operates in all conditions, detecting in- Six (6) LAIRCM System Processor Replace- GPS SPS receiver in accordance with GPS coming missiles and jamming infrared-seek- ments (LSPR) (3 + 3 spares). national policy. er equipped missiles with aimed bursts of (3) The AN/ARC–231 (V)(C) is a secure com- Non-MDE: This request also includes con- tractor spares, consumables, support equip- laser energy. The LAIRCM system compo- munication system that provides Line-of- nents required to upgrade the system are the Sight (LOS) communications and Beyond ment, technical data, aircraft installation, flight test, certification, publications, train- Guardian Laser Transmitter Assemblies Line-of-Sight (BLOS) satellite communica- (GLTA) and LAIRCM System Processor Re- tions (SATCOM), as well as Voice and data ing, program and logistics support services. (iv) Military Department: Air Force. placement (LSPR). The upgraded LAIRCM communications capabilities. In addition to for the C–17 uses three (3) GLTA and one (1) Satellite Communications, the AN/ARC–231 (v) Prior Related Cases, if any: K8–D–QAE. (vi) Sales Commission, Fee, etc., Paid, Of- LSPR. LAIRCM system software, including (V)(C) provides Secure/Electronic Counter- fered, or Agreed to be Paid: None. Operational Flight Program is classified SE- Countermeasures (ECCM) communications (vii) Sensitivity of Technology Contained CRET. Technical data and documentation to in the following waveform, The Single Chan- in the Defense Article or Defense Services be provided are UNCLASSIFIED. nel Ground and Airborne System Proposed to be Sold: See Attached Annex. a. The LSPR component analyzes the data (SINCGARS) and the HAVE QUICK (HQ). The (viii) Date Report Delivered to Congress: from each Missile Warning System Sensor AN/ARC–231 functions by transmitting and April 27, 2017. and automatically deploys the appropriate receiving the Radio Frequency (RF) in the 30 * As defined in Section 47(6) of the Arms countermeasure via the GLTA. MHz–511.995 MHZ range. The Receiver Trans- Export Control Act. b. The GLTA uses aimed bursts of laser en- mitter provides communication in Fre- ergy to jam infrared seeker equipped mis- POLICY JUSTIFICATION quency Modulation (FM), Very High Fre- siles when directed by the LSPR. The hard- quency—Amplitude Modulation Air Traffic NATO Support and Procurement Agency ware is UNCLASSIFIED. The software is SE- Control Band (VHF AM ATC), Very High (NSPA)—Large Aircraft Infrared Counter- CRET. Technical data and documentation to Frequency—Frequency Modulation Public measures (LAIRCM) System Components be provided are UNCLASSIFIED. Service & Maritime Band, Ultra High Fre- The NATO Support and Procurement 2. If a technologically advanced adversary quency—Amplitude Modulation (UHF AM) Agency (NSPA) requested the sale of four- were to obtain knowledge of the specific

VerDate Sep 11 2014 07:13 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.051 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2606 CONGRESSIONAL RECORD — SENATE April 27, 2017 hardware and software elements, the infor- sale of follow-on support for three (3) C–17 tion Distribution System Joint Tactical mation could be used to develop counter- aircraft to include participation in the Glob- Radio System (MIDS JTRS) (one (1) for each measures or equivalent systems which might al Reach Improvement Program, contract aircraft, two (2) for the ground operations reduce system effectiveness or be used in the labor for Class I modifications and kits, in- support center, and two (2) spares). development of a system with similar or ad- country contractor support, alternate mis- Five (5) Guardian Laser Transmitter As- vanced capabilities. sion equipment, major modification and ret- semblies (GLTA) for the AN/AAQ–24(V)N 3. This sale is necessary in furtherance of rofit, software support, aircraft maintenance Large Aircraft Infrared Counter Measures the U.S. foreign policy and national security and technical support, support equipment, (LAIRCM) system (one (1) for each aircraft objectives outlined in the Policy Justifica- personnel training and training equipment, and one (1) spare). tion. Moreover, the benefits to be derived additional spare and repair parts, technical Five (5) System Processors for AN/AAQ– from this sale, as outlined in the Policy Jus- orders and publications, airworthiness cer- 24(V)N LAIRCM system (one (1) for each air- tification, outweigh the potential damage tification support, engine logistics support, craft and one (1) spare). that could result if the sensitive technology inspections, and other U.S. Government and Thirty (30) AN/AAR–54 Missile Warning were revealed to unauthorized persons. contractor engineering, logistics and pro- Sensors for the AN/AAQ–24(V)N LAIRCM sys- 4. All defense articles and services listed in gram support. The total estimated program tem (six (6) for each aircraft and six (6) this transmittal are authorized for release cost is $300 million. spares). and export to the NATO Support and Pro- This proposed sale will contribute to the Ten (10) LN–251 with Embedded Global Po- curement Agency, NATO Airlift Manage- foreign policy and national security of the sitioning Systems (GPS)/Inertial Naviga- ment Program pursuant to the NATO C–17 tions Systems (EGIs) (two (2) for each air- SAC MOU. United States (U.S.) by providing sustainment for three (3) C–17s operated by a craft and two (2) spares). DEFENSE SECURITY Non-MDE includes: Commercial engines; consortium of twelve nations, including the COOPERATION AGENCY, Tactical Open Mission Software (TOMS); U.S. This program flies missions in and Arlington, VA. Electro-Optical (EO) and Infrared (IR) MX– around Europe, Afghanistan, Iraq, the Le- Hon. BOB CORKER, 20HD; AN/AAQ–2(V)1 Acoustic System; AN/ vant, and North Africa. This proposed sale Chairman, Committee on Foreign Relations, APY–10 Radar; ALQ–240 Electronic Support will provide a similar readiness level for U.S. Senate, Washington, DC. Measures; support equipment; operation sup- these C–17s as U.S.-operated C–17s. The cur- DEAR MR. CHAIRMAN: Pursuant to the re- port systems; maintenance trainer/class- rent FMS case supporting these C–17s will porting requirements of Section 36(b)(1) of rooms; publications; software, engineering, expire on 20 September 2017. the Arms Export Control Act, as amended, and logistics technical assistance; foreign we are forwarding herewith Transmittal No. The proposed sale will advance U.S. and NATO policy goals of expanding the capabili- Liaison officer support, contractor engineer- 17–19, concerning the Air Force’s proposed ing technical services; repair and return; Letter(s) of Offer and Acceptance to the ties of strategic airlift to NATO allies and partners and sustain the ability to deploy in transportation; aircraft ferry; and other as- NATO Support and Procurement Agency for sociated training, support equipment and defense articles and services estimated to support of contingency operations outside of Europe. As the C–17 is a support asset, it services. cost $300 million. After this letter is deliv- (iv) Military Department: Navy (XX–P– would not affect the basic military balance ered to your office, we plan to issue a news SAH). release to notify the public of this proposed in the region. NSPA will have no difficulty (v) Prior Related Cases, if any: This would sale. absorbing this support. be New Zealand’s first purchase of the P–8A Sincerely, The prime contractor will be the Boeing Patrol Aircraft. New Zealand has one related J.W. RIXEY, Corporation of Chicago, Illinois. There are P–8A case, NZ–P–GEE, which provides P–8A Vice Admiral, USN, Director. no known offset agreements proposed in con- study and technical analysis support. Enclosures. nection with this potential sale. (vi) Sales Commission, Fee, etc., Paid, Of- TRANSMITTAL NO. 17–19 Implementation of this proposed sale will fered, or Agreed to be Paid: None. Notice of Proposed Issuance of Letter of not require the assignment of any additional (vii) Sensitivity of Technology Contained Offer Pursuant to Section 36(b)(1) of the U.S. Government or contractor representa- in the Defense Article or Defense Services Arms Export Control Act, as amended tives to the NATO Support and Procurement Proposed to be Sold: See Annex Attached. Agency. (i) Prospective Purchaser: NATO Support (viii) Date Report Delivered to Congress: There will be no adverse impact to U.S. de- and Procurement Agency (NSPA). April 27, 2017. (ii) Total Estimated Value: Major Defense fense readiness as a result of this proposed *As defined in Section 47(6) of the Arms Equipment* $0 million. sale. All defense articles and services listed Export Control Act. Other $300 million. in this transmittal are authorized for release POLICY JUSTIFICATION Total $300 million. and export to the NSPA. New Zealand—P–8A Aircraft and Associated (iii) Description and Quantity or Quan- DEFENSE SECURITY Support tities of Articles or Services under Consider- COOPERATION AGENCY, New Zealand has requested the potential ation for Purchase: Arlington, VA. sale of up to four (4) P–8A Patrol Aircraft. Major Defense Equipment (MDE): None. Hon. BOB CORKER, Each includes: commercial engines, Tactical Non-MDE: Follow-on support for three (3) Chairman, Committee on Foreign Relations Open Mission Software (TOMS), Electro-Op- C–17 aircraft to include participation in the U.S. Senate, Washington, DC. tical (EO) and Infrared (IR) MX–20HD, AN/ Global Reach Improvement Program, con- DEAR MR. CHAIRMAN: Pursuant to the re- tract labor for Class I modifications and porting requirements of Section 36(b)(1) of AAQ–2(V)1 Acoustic System, AN/APY–10 kits, in-country contractor support, alter- the Arms Export Control Act, as amended, Radar, ALQ–240 Electronic Support Meas- nate mission equipment, major modification we are forwarding herewith Transmittal No. ures. Also included are eight (8) Multifunc- and retrofit, software support, aircraft main- 17–13, concerning the Navy’s proposed Let- tional Information Distribution System tenance and technical support, support ter(s) of Offer and Acceptance to the Govern- Joint Tactical Radio System (MIDS JTRS); equipment, personnel training and training ment of New Zealand for defense articles and five (5) Guardian Laser Transmitter Assem- equipment, additional spare and repair parts, services estimated to cost $1.46 billion. After blies (GLTA) for the AN/AAQ–24(V)N; five (5) technical orders and publications, airworthi- this letter is delivered to your office, we plan System Processors for AN/AAQ–24(V)N; thir- ness certification support, engine logistics to issue a news release to notify the public of ty (30) AN/AAR–54 Missile Warning Sensors support, inspections, and other U.S. Govern- this proposed sale. for the AN/AAQ–24(V)N; ten (10) LN–251 with ment and contractor engineering, logistics Sincerely, Embedded Global Positioning Systems (GPS)/Inertial Navigations Systems (EGIs); and program support. J.W. RIXEY, (iv) Military Department: Air Force (X7–D– Vice Admiral, USN, Director. support equipment; operation support sys- QAC). Enclosures. tems; maintenance trainer/classrooms; publi- (v) Prior Related Cases, if any: K8–D–QAG. cations; software, engineering, and logistics (vi) Sales Commission, Fee, etc., Paid, Of- TRANSMITTAL NO. 17–13 technical assistance; foreign Liaison officer fered, or Agreed to be Paid: None. Notice of Proposed Issuance of Letter of support, contractor engineering technical (vii) Sensitivity of Technology Contained Offer Pursuant to Section 36(b)(1) of the services; repair and return; transportation; in the Defense Article or Defense Services Arms Export Control Act, as amended aircraft ferry; and other associated training, Proposed to be Sold: None. (i) Prospective Purchaser: New Zealand. support equipment and services. The total (viii) Date Report Delivered to Congress: (ii) Total Estimated Value: estimated cost is $1.46 billion. April 27, 2017. Major Defense Equipment* $1.03 billion. This proposed sale will enhance the foreign * As defined in Section 47(6) of the Arms Other $ .43 billion. policy and national security of the United Export Control Act. Total $1.46 billion. States by strengthening the security of a POLICY JUSTIFICATION (iii) Description and Quantity or Quan- Major Non-NATO ally which has been, and NATO Support and Procurement Agency tities of Articles or Services under Consider- continues to be, an important force for polit- (NSPA)—Continuation of C–17 Logistics ation for Purchase: ical stability within the region. New Zealand Support Services and Equipment Major Defense Equipment (MDE): is a close ally in the region and an important The NATO Support and Procurement Four (4) P–8A Patrol Aircraft, which in- partner on critical foreign policy and defense Agency (NSPA) has requested the possible cludes: Eight (8) Multifunctional Informa- issues.

VerDate Sep 11 2014 05:43 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.052 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2607 The Government of New Zealand intends to and data correlation. TOMS includes an al- 5. All defense articles and services listed in use these defense articles and services to gorithm for track fusion which automati- this transmittal have been authorized for re- continue its Maritime Surveillance Aircraft cally correlates tracks produced by on board lease and export to New Zealand. (MSA) capability, following retirement of its and off board sensors. DEFENSE SECURITY P–3K maritime patrol aircraft. The sale will b. Electro-Optical (EO) and Infrared (IR) COOPERATION AGENCY, strengthen collective defense and enhance MX–20HD. The EO/IR system processes visi- Arlington, VA. New Zealand’s regional and global allied con- ble EO and IR spectrum to detect and image Hon. BOB CORKER, tributions. objects. Chairman, Committee on Foreign Relations, New Zealand has procured and operated c. AN/AAQ–2(V)1 Acoustic System. The U.S. Senate, Washington, DC. U.S. produced P–3 MSA for over 40 years, Acoustic sensor system is integrated within DEAR MR. CHAIRMAN: Pursuant to the re- providing critical capabilities to NATO and the mission system as the primary sensor or porting requirements of Section 36(b)(1) of coalition maritime operations. New Zealand the aircraft ASW missions. The system has the Arms Export Control Act, as amended, has maintained a close MSA acquisition and multi-static active coherent (MAC) 64 sono- we are forwarding herewith Transmittal No. sustainment relationship with the U.S. Navy buoy processing capability and acoustic sen- 16–87, concerning the Department of the over this period. The proposed sale will allow sor prediction tools. Navy’s proposed Letter(s) of Offer and Ac- New Zealand to recapitalize, modernize and d. AN/APY–10 Radar. The aircraft radar is ceptance to the Government of Israel for de- a direct derivative of the legacy AN/APS– sustain its MSA capability for the next 30 fense articles and services estimated to cost 137(V) installed in the P–3C. The radar capa- years. As a long-time P–3 operator, New Zea- $440 million. After this letter is delivered to bilities include GPS selective availability land will have no difficulty transitioning its your office, we plan to issue a news release anti-spoofing, SAR and ISAR imagery reso- MSA force to the P–8A and absorbing these to notify the public of this proposed sale. lutions, and periscope detection mode. aircraft into its armed forces. e. ALQ–240 Electronic Support Measures Sincerely, The proposed sale of this equipment and (ESM). This system provides real time capa- J.W. RIXEY, support does not alter the basic military bal- bility for the automatic detection, location, Vice Admiral, USN, Director. ance in the region. measurement, and analysis of RF-signals and Enclosures. The prime contractor will be The Boeing modes. Real time results are compared with TRANSMITTAL NO. 16–87 Company, Seattle, WA. Additional contrac- a library of known emitters to perform emit- Notice of Proposed Issuance of Letter of tors include: ter classification and specific emitter identi- Offer Pursuant to Section 36(b)(1) of the Air Cruisers Co LLC. fication (SEI). Arms Export Control Act, as amended Arnprior Aerospace, Canada. f. Electronic Warfare Self Protection (i) Prospective Purchaser: Israel. AVOX Zodiac Aerospace. (EWSP). The P–8A aircraft Directional Infra- (ii) Total Estimated Value: BAE. red Countermeasures (DIRCM) suite consists Major Defense Equipment* $400 million. Canadian Commercial Corporation (CCC)/ of the ALQ–213 Electronic Warfare Manage- Other $ 40 million. EMS. ment System (EWMS), ALE–47 Counter- TOTAL $440 million. Compass David Clark. measures Dispensing System (CMDS), and (iii) Description and Quantity or Quan- DLS/NiaSat, Carlsbad, CA. the AN/AAQ–24(V)N Large Aircraft Infrared tities of Articles or Services under Consider- DRS. Countermeasure (LAIRCM) Guardian Laser ation for Purchase: Exelis, McLean, VA. Transmitter Assemblies (GLTA) processor, Major Defense Equipment (MDE): Thirteen GC Micro, Petaluma, CA. and AAR–54 Missile Warning Sensors (MWS). (13) 76mm Naval Guns (includes the Digital General Electric, UK. The AN/AAQ–24(V)N LAIRCM is a self-con- Harris. Control Console). tained, directed energy countermeasures sys- Joint Electronics. Non-MDE: Shipboard spares to support op- tem designed to protect aircraft from infra- Marin Baker. eration and preventive maintenance; spares red guided surface-to-air missiles. The sys- Northrop Grumman Corp, Falls Church, tem features digital technology and micro- to support repairs; special tools needed for VA. miniature sold state electronics. LAIRCM maintenance; holding and transportation fix- Pole Zero, Cincinnati, OH. system software, including Operation Flight tures; test equipment; technical manuals, Raytheon, Waltham, MA. Program is classified SECRET. Technical other documentation, and publications; U.S. Raytheon, UK. data and documentation to be provided are Government and the contractor engineering, Rockwell Collins, Cedar Rapids, IA. UNCLASSIFIED. technical, and logistics support services; site Spirit Aero, Wichita, KS. g. Multifunctional Information Distribu- surveys of ships and maintenance facilities; Symmetries Telephonics, Farmingdale, tion System-Joint Tactical Radio System installation, checkouts and testing of the NY. (MIDS JTRS) is an advanced Link–16 com- systems on the boats; operations and main- Terma, Arlington, VA. mand, control, communications, and intel- tenance training; and other related support Viking. ligence (C3I) system incorporating high-ca- services. WESCAM. pacity, jam-resistant, digital communication (iv) Military Department: Navy (LHN). There are no known offset agreements pro- links for exchange of near real-time tactical (v) Prior Related Cases, if any: None. posed in connection with this potential sale. information, including both data and vice, (vi) Sales Commission, Fee, etc., Paid, Of- Implementation of this proposed sale will among air, ground, and sea elements. The fered, or Agreed to be Paid: None. require approximately five (5) contractor MIDS JTRS terminal hardware, publica- (vii) Sensitivity of Technology Contained representatives to support the program in tions, performance specifications, oper- in the Defense Article or Defense Services New Zealand. ational capability, parameters, Proposed to be Sold: See Attached Annex. There will be no adverse impact on U.S. de- vulnerabilities to countermeasures, and soft- (viii) Date Report Delivered to Congress: fense readiness as a result of this proposed ware documentation are classified CON- April 26, 2017. sale. FIDENTIAL. The classified information to *As defined in Section 47(6) of the Arms TRANSMITTAL NO. 17–13 be provided consists of that which is nec- Export Control Act. Notice of Proposed Issuance of Letter of essary for the operation, maintenance, and POLICY JUSTIFICATION Offer Pursuant to Section 36(b)(1) of the repair (through intermediate level) of the Israel—76mm Naval Gun and Technical Arms Export Control Act data link terminal, installed systems, and Support Annex Item No. vii related software. 3. If a technologically advanced adversary The Government of Israel has requested a (vii) Sensitivity of Technology: were to obtain access of the P–8A specific possible sale of thirteen (13) 76mm naval 1. The P–8A aircraft is a militarized hardware and software elements, systems guns. Also included are shipboard spares to version of the Boeing 737–800 Next Genera- could be reverse engineering to discover USN support their operation and preventive main- tion (NG) commercial aircraft. The P–8A is capabilities and tactics. The consequences of tenance; spares to support repairs; special replacing the P3C as the Navy’s long-range the loss of this technology, to a techno- tools needed for maintenance; holding and Anti-Submarine Warfare (ASW), Anti-Sur- logically advanced or competent adversary, transportation fixtures; test equipment; face Warfare (ASuW), Intelligence, Surveil- could result in the development of counter- technical manuals, other documentation, lance and Reconnaissance (ISR) aircraft ca- measures or equivalent systems, which could and publications; U.S. Government and the pable of broad-area, maritime and littoral reduce system effectiveness or be used in the contractor engineering, technical, and logis- operations. The overall highest classification development of a system with similar ad- tics support services; site surveys of ships of the P–8A weapon system is SECRET. The vanced capabilities. and maintenance facilities; installation, P–8A mission systems hardware is largely 4. A determination has been made that the checkouts and testing of the systems on the UNCLASSIFIED, while individual software recipient government can provide substan- boats; operations and maintenance training; elements (mission systems, acoustics, ESM, tially the same degree of protection for the and other related support services. The esti- EWSP, etc.) are classified up to SECRET. technology being released as the U.S. Gov- mated cost is $440 million. 2. P–8A mission systems include: ernment. This sale is necessary in further- The United States is committed to the se- a. Tactical Open Mission Software (TOMS). ance of the U.S. foreign policy and national curity of Israel, and it is vital to U.S. na- TOMS functions include environment plan- security objectives outlined in the Policy tional interests to assist Israel to develop ning, tactical aids, weapons planning aids, Justification. and maintain a strong and ready self-defense

VerDate Sep 11 2014 07:13 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.057 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2608 CONGRESSIONAL RECORD — SENATE April 27, 2017 capability. This proposed sale is consistent The President is lining up an Execu- Some members of this administra- with those objectives. This proposed sale will tive order requiring a review of the tion—including the Secretary of the In- contribute to the foreign policy and national boundaries of all National Monuments terior—have said the right things security of the United States by helping to designated since 1996. It might sound about public lands, and that was reas- improve the security of a strategic regional partner that has been, and continues to be, bureaucratic, but it is more than that. suring to millions of people who care an important force for political stability and The President’s Executive order is a about recreation. I hope it wasn’t just economic progress in the Middle East. short-sighted attempt to roll back pro- talk, and I certainly hope the Presi- The proposed sale will improve Israel’s ca- tections for some of America’s most dent’s Executive order is not the first pability to meet current and future threats cherished landscapes. step in dismantling America’s National in the defense of its borders and territorial The Executive order flies in the face Monuments and public lands. waters. The naval guns will be installed on of a century-old tradition that has en- f Israeli Navy SA’AR 4.5 and SA’AR 6 Missile sured generations of Americans can Patrol Boats. One gun will be located at an enjoy natural treasures like the Cas- 70TH ANNIVERSARY OF THE ‘‘EXO- Israeli Naval Training Center to be used for DUS 1947’’ ’S ARRIVAL IN HAIFA training maintenance personnel. Israel will cade-Siskiyou National Monument in have no difficulty absorbing this equipment my home State. Mr. CARDIN. Mr. President, July 18, into its armed forces. Colleagues, for over 100 years, Presi- 2017, marks the 70th anniversary of the The proposed equipment and support will dents from both parties have used au- day that the ship Exodus 1947 arrived in not alter the basic military balance in the thority granted by the Antiquities Act Haifa, Israel. region. to permanently protect special Federal The story of Exodus 1947 is as impor- The potential principal contractor will be lands as National Monuments, to pre- tant today as it was 70 years ago. In DRS North America (a Leonardo company). serve natural, cultural, and historic 1947, the world was horrified and out- There are no known offset agreements pro- raged by the British policy of violently posed in connection with this potential sale. values for the benefit of everyone. Two Implementation of this proposed sale will of Oregon’s most cherished areas were preventing Holocaust survivors from not require the assignment of any additional established as National Monuments reaching Palestine and forcing their re- U.S. Government or contractor representa- through the Antiquities Act: Oregon turn to Europe and refugee camps in tives to Israel. Caves and Cascade-Siskiyou. Both of Germany. Watching the British Navy There is no adverse impact on U.S. defense these areas have a remarkable diverse ram the Exodus 1947, which had 4,515 readiness as a result of this proposed sale. range of biological, geological, and his- Holocaust survivors on board, inflamed TRANSMITTAL NO. 16–87 toric objects. world opinion and prompted the United Notice of Proposed Issuance of Letter of I am proud to have worked with Nations Special Committee on Pal- Offer Pursuant to Section 36(b)(1) Of the President Clinton to establish the estine, UNSCOP, to scrutinize the ac- Arms Export Control Act original boundaries of the Cascade- tions of the British. Eventually the Annex Item No. vii Siskiyou National Monument in 2000. I British were forced to end their policy (vii) Sensitivity of Technology: am proud to have worked with Senator of preventing Jewish immigration to 1. The naval gun system proposed in re- MERKLEY to expand the monument ear- Israel, and the State of Israel was born. sponse to this request is a modem variant of lier this year and to expand the bound- Why is the story of the Exodus 1947 so the MK–75 naval gun system. The naval gun ary of the Oregon Caves National important that we are still talking system is mounted aboard the ship and sup- Monument in 2014. about it 70 years later? After all, geo- ports multiple missions while deployed at political transitions have launched sea and at home port stations. The missions There are two important points to include ship’s surface to air defense and sur- make about this debate. multiple large-scale refugee migrations face to surface defense or attack modes. It First, it is important that the indi- around the world in the 20th century, also can be used for sea surface to land sur- viduals who live near and recreate on including Armenians in 1915, Russians face for bombardment or as offshore artillery these lands have an opportunity to in 1917, Chinese in 1949, Hindus from to support troops on the ground. This gun make their voices heard. As public Pakistan and Muslims from India in system does not include Global Positioning lands everywhere, they ultimately be- 1947, East Germans between 1945 and System (GPS) or sensors. The naval gun long to all of the people. 1961, Bosnians in the 1990s, Rwandans hardware and support equipment, test equip- in 1994, Syrians in 2016—and many ment, and maintenance spares are UNCLAS- Some people, the President included, SIFIED. say these monuments are an example more. 2. Some of the prospective ammunition of overreach and designated without The story of the Exodus 1947 is impor- types that may be used with the gun system the right process. tant to remember and consider today are either laser or GPS guided. Ammunition On this issue, the President is wrong. because it reminds us of our responsi- is not part of this proposal. These monuments are not the result of bility to protect human rights, help 3. The naval gun system provides an inter- administrative overreach. The bound- people outside of our own borders, face (Digital Control Console) so that it can aries of these monuments are based on stand up for Americans values, and be used in conjunction with the ships’ Fire years of collaboration between the ad- work with our allies and international Control System (FCS) and Combat Manage- ment System (CMS). The FCS and CMS are ministration, States, and local stake- organizations to advance our goals. It not proposed as part of this sale. holders. reminds us that our work is not fin- 4. A determination has been made that the The second point to make is about ished. It reminds us that, while it was recipient country can provide substantially rural economies. National Monuments, the Jews on the Exodus 1947 70 years the same degree of protection for the sen- National Parks, and public lands across ago, political outrages around the sitive technology being released as the U.S. the United States are important eco- world continue to require our leader- Government. This sale is necessary in fur- nomic generators for rural commu- ship and our action. therance of the U.S. foreign policy and na- nities. As a U.S. Senator from Maryland and tional security objectives outlined in the vigilant friend of the Chesapeake Bay policy justification. According to a report released just 5. All defense articles and services listed in this week, public lands generate bil- and Maryland’s Maritime history, I this transmittal have been authorized for re- lions of dollars in consumer spending would like to highlight the fact that, lease and export to the Government of Israel. and millions of jobs every year. In Or- prior to its service in support of Jewish f egon, the outdoor recreation economy refugees from the Holocaust, the Exo- generated $12.8 billion in consumer dus 1947 was called the President War- ANTIQUITIES ACT spending in 2012 and over 140,000 direct field and it sailed the Chesapeake Bay Mr. WYDEN. Mr. President, appar- jobs. Nationally, the numbers are even for the Baltimore Steam Packet Com- ently the Trump administration bigger; in 2012, the outdoor rec econ- pany. The President Warfield changed couldn’t let its first 100 days go by omy generated $889 billion nationwide hands many times, from the Baltimore without going after America’s National and over 7 and a half million jobs. Steam Packet Company to the British Monuments. Anybody who cares about Colleagues, there is an agenda behind Navy to the U.S. Navy to the Potomac protecting some of the greatest treas- this Executive order, and it puts some Shipwrecking Company, which was ac- ures in Oregon and across the country of our greatest outdoor treasures and a tually acting as clandestine purchasing ought to be worried. lot of jobs in danger. agents of the Haganah who wanted the

VerDate Sep 11 2014 07:13 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.059 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2609 ship because the conditions that made global effort to eradicate polio is con- tary has made great contributions to it ideal for navigating the Chesapeake sidered to be the most successful public the worldwide Rotary organization of Bay, shifting sand of 3 feet or less in health campaign in human history, one business and professional leaders. The depth, made it ideal for getting immi- that would not be possible without Ro- LA Rotary has upheld an international grants quickly and closely up to the tary’s commitment. When Rotary presence by providing humanitarian coastal areas of Palestine. launched its PolioPlus program back in service, encouraging high ethical After the Haganah secured the ship, 1985, it was described as a ‘‘gift from standards in all vocations, and helping she was retrofitted in Baltimore from the 20th century to the 21st.’’ It has to build and maintain goodwill and where she sailed towards France to been just that. peace throughout the world. pick up 4,515 Holocaust the refugees In addition to its strong support for I applaud the LA Rotary’s emphasis and deposit them in Palestine—a plan PolioPlus, the Lewiston-Auburn Club on local and global charity and giving which was destroyed after the British is part of a Rotary International effort back to their local communities. The rammed the ship, prevented the refu- to make affordable and safe water more LA Rotary is sponsored by the many gees from disembarking in Palestine, widely available in Haiti. As a result of donors who attend their successful detained them in inhumane conditions, this effort, a tanker truck was pur- fundraisers, including one that takes and eventually returned them to Ger- chased to address this great humani- place at the famous Lewiston Hot Air many. tarian need. Balloon Festival. The money raised The world witnessed the inhumane Locally, the Lewiston-Auburn Ro- from these fundraisers has gone to- treatment of the Exodus’s passengers tary Club has a special focus on fami- wards several valuable projects like and some righteous people cried out. lies and children. The club has been a the Autism Movie Events, an ongoing We continue to talk about the Exodus leader in the creation of Lewiston’s project in partnership with a local 1947 to remind ourselves never to forget Universally Accessible Playground, movie theatre and the Autism Society both our suffering and our empower- which will provide recreation for all, of Maine. The LA Rotary has sustained ment. regardless of physical or developmental their all-inclusive pattern by donating I would like to acknowledge all who limitations. The club also sponsors an to the construction of the Lewiston have made the creation of this memo- annual event to benefit the Autism So- Universally Accessible Playground rial possible. Along with a series of as- ciety of Maine and awards scholarships Project. The playground will be barrier sociated commemorative projects, the to area high-school graduates pursuing free, with smooth and level surfaces to Exodus 1947 memorial is the culmina- higher education. make it easier for those with physical tion of decades of tireless effort by the ‘‘Service Above Self’’ has a special limitations, and is meant to provide an Jewish American Society for Historic meaning to the members of the Lewis- attractive and meaningful space for Preservation, JASHP, to recognize the ton-Auburn Rotary. The application all, regardless of physical or sensory historic events that led to the forma- for membership in Rotary Inter- development. Another example of their tion of Israel. In particular, I applaud national was signed on March, 21, 1917, excellent charity work is that, each the work of Dr. Barry S. Lever, chair- by Frank W. Hulett of Lewiston. On May, the LA Rotary also gives back to man of the 50th Anniversary Com- June 6, 1918, Captain Hulett gave his local students by choosing seven high memoration of the Final Voyage of the life in the defense of freedom during school seniors throughout the State to SS President Warfied—Exodus 1947, the the World War I Battle of Belleau Wood award $1,000 college scholarships. Jewish Museum of Maryland, the in France. Hulett Square in Lewiston, I wish to join the communities of Chesapeake Bay Museum, and the indi- the Frank W. Hulett VFW Post, and Lewiston and Auburn, as well as the viduals and organizations here and the Lewiston-Auburn Rotary Club all State of Maine, in congratulating the abroad who have aided in the efforts to help to preserve the memory of this LA Rotary for this remarkable honor the Exodus 1947 and its pas- great hero. achievement. I look forward to fol- sengers. When Paul Harris led the way in lowing their continued growth and Thank you. founding Rotary International 112 service, and I thank them for their f years ago, he said this: ‘‘Whatever Ro- commitment to bettering Maine and tary may mean to us, to the world it the world. 100TH ANNIVERSARY OF THE will be known by the results it f LEWISTON-AUBURN ROTARY CLUB achieves.’’ The results are inspiring Ms. COLLINS. Mr. President, on May and the world is grateful. The Rotary OHIO HIGH SCHOOL ARMED 1, 1917, the International Association of Club of Lewiston-Auburn, ME, is part SERVICE ENLISTMENT Rotary Clubs welcomed a new member of that effort, and I congratulate its Mr. PORTMAN. Mr. President, I wish into its growing global network of members for this accomplishments and to honor 374 high school seniors in neighbors, friends, and leaders working contributions. eight northeast Ohio counties for their together for positive change in their Mr. KING. Mr. President, today I decision to enlist in the U.S. Armed communities and around the world. I wish to commemorate the 100th anni- Forces. Of these 374 seniors from 118 rise today to celebrate the 100th anni- versary of the Rotary Club of Lewis- high schools in 98 towns and cities, 86 versary of the Rotary Club of Lewis- ton-Auburn, ME. There are over 35,000 will enter the Army, 98 will enter the ton-Auburn in my home State of Rotary Clubs worldwide, with the LA Marine Corps, 55 will enter the Navy, 26 Maine. Rotary being the 291st. Since 1917, the will enter the Air Force, 3 will enter There are more than 35,000 Rotary LA Rotary has demonstrated a com- the Coast Guard, 95 will enter our Ohio Clubs worldwide. The Lewiston-Auburn mitment to community and global Army National Guard, and 11 will enter club was the 291st to be chartered and service by supporting local organiza- the Ohio Air National Guard. In the is part of the first great wave of expan- tions, awarding scholarships to local presence of their parents/guardians, sion that took the Rotary movement students, and providing clean water to high school counselors, military lead- from major American cities to smaller communities in Haiti. In their 100 ers, and city and business leaders, all communities and to Canada and Eu- years of service, this exceptional orga- 374 will be recognized on May 10, 2017, rope. nization has gained members who rep- at the Northeast Ohio Foundation for It is remarkable that what began as resent the unique and diverse business Patriotism ‘‘Our Community Salutes’’ a small group of civic leaders in Chi- community of the Lewiston-Auburn event. cago in 1905 has grown to a service or- area. In a few short weeks, these young ganization of 1.2 million dedicated The LA Rotary was founded by Cap- men and women will join with many of members in more than 200 countries tain Frank W. Hulett, who gave his life their classmates in celebration of their and territories around the world. In during WWI on June 6, 1918, at the Bat- high school graduation. At a time when any language, Rotarians live up to tle of Belleau Wood in France. Since many of their peers are looking for- their motto of ‘‘Service Above Self.’’ Captain Hulett signed the application ward to pursuing vocational training Rotary International is a powerful for membership of Rotary Inter- or college degrees or are uncertain force for good around the world. The national on March 21, 1917, the LA Ro- about their future, these young men

VerDate Sep 11 2014 05:43 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.040 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2610 CONGRESSIONAL RECORD — SENATE April 27, 2017 and women instead have chosen to Cottingham–Olmsted Falls; Cummings– Konicek–Stow; Kramer–Akron; Krickhan– dedicate themselves to military service Akron; Dominguez–Cleveland; Evans, II– Brunswick; Kucharski–Ravenna; Lord– in defense of our rights, our freedoms, Akron; Freed–Brook Park; Genovese–Akron; Parma; Manigault–Cleveland Heights; and our country. They should know Griffith–Ravenna; Hamilton–Bay Village; McConahy–Kent; McCraney–Akron; Hicks–Brook Park; Hocker–South Euclid; McElroy–Wadsworth; McHugh–Mentor; that they have the full support of this Jones–Akron; Kerr–LaGrange; Maximovich– McLaren–Rock Creek; McLaughlin–Bay Vil- Senate Chamber and the American peo- North Olmsted; Patton–Elyria; Pritts– lage; Mendez–Painesville; Morris–Mentor; ple, who are with them in whatever Mogadore; Robinson–Akron; Ryder– Moyer–Twinsburg; Nagy–Conneaut; Navratil– challenges may lie ahead. Strongsville; Sandoval–Chagrin Falls; Chagrin Falls; Nelson–Litchfield; It is thanks to their dedication and Schillero–Garfield Heights; Swatson–Akron; Ortizramos–Cleveland; Pachecorangel– the dedication of an untold number of Waites–Lakewood; Williams–Akron; Wil- Painesville; Palchesko–Aurora; Paulo–North patriots just like them that we are able liams–Kipton. Olmsted; Phillipp–Ashtabula; Ploskonka– to meet here today in the U.S. Senate OHIO AIR NATIONAL GUARD—11 Parma; Pollay–Ashtabula; Purtell–Eastlake; and openly debate the best solutions to Aguiar–Medina; Alston–Amherst; Brittian– Ratigan–Parma; Ray–Akron; Roth–Clinton; the problems that confront our coun- Richmond Heights; Burton–Ashland; Chap- Schlauch–Wadsworth; Serrano–Olmsted Falls; Serva–Ravenna; Shanley–Ravenna; try. It is thanks to their sacrifices that pell–Brunswick; Delzoppo–Eastlake; Fassnacht–Warren; Pauly–Ashland; Reik– Simon–Willoughby; Skidmore–Ravenna; the United States of America remains Eastlake; Tector–Medina; Winterfield–Oak Smigel–Cleveland; Smith–Ashtabula; Stack– a beacon of hope and freedom in a dan- Harbor. Brook Park; Staley–Parma; Stansky–Norton; gerous world. We are grateful to them, OHIO ARMY NATIONAL GUARD—95 Strausser–Stow; Sturgill–Conneaut; Wat- and we are grateful to their parents Anderson–Cleveland; Ashdown–Willowick; kins–Strongsville; Watts–Stow; Weiss–Men- and their communities for instilling in Asian–Mayfield Heights; Bailey–Kent; Bai- tor; Wilmoth–Medina; Wilson–Cuyahoga them not only the mental and physical ley–Elyria; Bailosky–Elyria; Baxter–Akron; Falls; Wood–Conneaut. abilities our Armed Forces require, but Becerra–Cleveland; Bertrand–Conneaut; UNITED STATES NAVY—55 also the character, the values, and the Blevins–Elyria; Bowens–Lorain; Boyes–Ra- Acadimia–Geneva; Bowles–Rock Creek; discipline that leads someone to put venna; Brosky–Lorain; Burkhard–Barberton; Branham–Barberton; Bryan–Ashtabula service to our Nation over self. Cacho–Cleveland; Clements–Brook Park; Coyle–Brooklyn; Czworkowski–Strongsville; I would like to personally thank Cornier–Akron; Cooper–Ashtabula; Deets– Davis–Brunswick; Dreger–Ravenna; Dudek– Highland Heights; Doepel–Mogadore; these 374 graduating seniors for volun- Bay Village; Gibson–Medina; Grays–Cleve- Earlenbaugh–Peninsula; Elliott–Painesville; land; Gregoire–Streetsboro; Halabica–Fair- teering to risk their lives in defense of Ewart–Lodi; Felix–Euclid; Ferguson–Akron; view Park; Hardman–Mentor; Higgins–Gene- our Nation. We owe them, along with Fields–Akron; Figueroa–Akron; Flemister I.– va; Hill–Mentor; Horton–Ashtabula; Irizarry– all those who serve our country, a deep Bedford; Flemister J.–Bedford; Fohner–Cuya- Olmsted Township; Juncker–Grafton; debt of gratitude. hoga Falls; Garrison–Medina; Gerlach–Avon Koehring–Wadsworth; Konopa–Geneva; I ask unanimous consent to have Lake; Gibbs–Stow; Gilbreath–Wadsworth; Kozma–Alliance; Lada–Lakewood; Martin S.– printed in the RECORD the names of the Glaze–Akron; Grimm–Barberton; Harrison– Chippewa Lake; Martin A.–Willoughby. 374 high school seniors. Barberton; Hoover–Hiram; Hoyle–Akron; McClanahan–New London; Miller–Kirtland; There being no objection, the mate- Huffriagle–Mayfield Heights; Jackson–Eu- Mills–Kent; Moore–Wadsworth; Morgan– rial was ordered to be printed in the clid; Jones–Akron; Kelly–Twinsburg; Keown– Parma; Muzic–Ravenna; O’Donnell–Parma; Mogadore; Klinehamer–Bratenahl; Koloda– On–Akron; Palcic–Chardon; Phillips– RECORD, as follows: Medina; Lane–Grafton; Layne–Doylestown; Willoughby; Piper–Mentor; Rayburn–Medina; UNITED STATES ARMY—86 Lebron –Lorain; Lero–Munroe Falls. Rodriguez N.–Cleveland; Rodriguez A.– Allan–Berea; Anderson–Medina; Ashford– Lietke–Uniontown; Light–Parma Heights; Olmsted Falls; Selders–Medina; Sharpe–Ge- Maple Heights; Barnes–Cleveland; Bartoe– Lockhart–Cleveland; Loparo–Wadsworth; neva; Shepherd–Avon Lake; Singleton Jr. Medina; Bonzcek–Fairport Harbor; Brogan– Lutkus–Cuyahoga Falls; Madigan–Rittman; –Ravenna; Skipper–Akron; Sledz–Painesville; Brunswick; Brown–Eastlake; Burhoe– Massaro–Akron; Miles–Cleveland; Mobley– Sokalski–Mentor; Soto–Painesville; Fairlawn; Carey–Cleveland; Cawrse–Mentor; Sheffield Lake; Moore–Barberton; Nicely– Sweeney–Mentor; Tirado–Lorain; Trimble– Clark–Warrensville Heights; Clements–Maple Novelty; Novak–Elyria; Ohara–Fairport Har- Parma; Verdi–Geneva; Walker–Ashtabula; Heights; Copen–Cleveland; Dachtler–Parma; bor; Pennington–Cleveland; Pescatrice–Me- Welk–Madison; Williams–Ashtabula; Daugherty–Madison; Davis E.–North Roy- dina; Pierce A.–Mogadore; Pierce J.–Shef- Wimberly–Streetsboro. alton; Davis T.–Mentor; DeGeorge–Mentor; field Lake; Piper–Cleveland; Priestly– UNITED STATES COAST GUARD—3 Dohar–Strongsville; Dolan–Willoughby Hills; Twinsburg; Prochniak–Stow; Prunty–Elyria; Dorsey–Akron; Dunn–Maple Heights; Eakin– Raines–Elyria; Reyes–Cleveland; Riley–Bed- Montgomery–Fremont; Reese–Sagamore Tallmadge; Flanders–Akron; Frazier–Lorain; ford; Rinearson–Seville; Robinson– Hills; Sanders–Brunswick. Gamble–Euclid; Gatrell–Lorain; Grissom–La- Twinsburg; Russell–Cleveland; Scurlock– f Grange; Hagan–Perry; Hayes T.–Euclid; Chardon; Sellers–Eastlake; Simmons–Jeffer- Hayes E.–Strongsville; Hochenberry–Brook son; Sims–Cleveland; Singleton–Wadsworth; TRIBUTE TO STEVE STIVERS Park; Horvat–Medina; Jackson–North Sinsel–Mogadore; Smith–Bay Village; Mr. PORTMAN. Mr. President, today Ridgeville; Johnson–Hudson; Karl–Elyria; Spigner–Euclid; Thompson–Cleveland; Tru- I wish to join my colleagues from Ohio Kelly–North Ridgeville; Kincer–Amherst; jillo–Grafton; Veon–Olmsted Township; in congratulating our good friend and Kline–Rootstown; Kurtz–Elyria; Lebron–Lo- Vroman–Sheffield Lake; Warner– colleague, Congressman STEVE STIV- rain; Lee–Conneaut; Lin–Lakewood; Major– Doylestown; Wells–Parma Heights; Wil- Tallmadge. liams–Maple Heights; Workman–Ravenna; ERS, on his new promotion to the rank Marthe–Mentor; Martin–Cleveland; Yontz–Rittman; Yurtz–Medina. of brigadier general in the Ohio Army McCraw–Cuyahoga Falls; McVay–Akron; UNITED STATES MARINE CORP—98 National Guard. Mooney–Eastlake; Morales Rubio–Cleveland; Allen–Willowick; Anglin–Cleveland; An- This is a big deal. STEVE is one of the Motsinger–Strongsville; Nagy–Wickliffe; Nel- thony–Brook Park; Baggett–Chagrin Falls; highest ranking National Guard offi- son–Elyria; Oyola–Lorain; Patterson–Euclid; Banks–Rootstown; Barr–Kent; Bell– cers ever to serve simultaneously in Plymel–Mentor On The Lake; Reeves–Gar- Streetsboro; Benefield–Akron; Bentley–Kent; Congress. I think that is really impor- field Heights; Reid–Elyria; Ripley–North Bly–Cuyahoga Falls; Boose–Medina; Bouhall– tant because it gives him a unique per- Ridgeville; Rodriguez–Lorain; Rohlman– Cleveland; Boyer–Akron; Brady–Painesville; spective as a legislator and puts him in Wogaman–Akron; Ryman–North Olmsted; Breault–Brook Park; Brown–Cleveland; Sikora–Parma; Smith–Medina; Sokolowski– an unique position to advocate on be- Bruce–Middleburg Heights; Bufkin–Mentor; half of our troops. Medina; Solon–Streetsboro; Stillisano– Caradine–North Olmsted; Collins–Perry; Coo- Wickliffe; Surovey–Wellington; Szabo– per–Barberton; Cox–Solon; Creter–Brook The title is a great honor, but what is Olmsted Falls; Taveras Smith–Euclid; Park; Cupedro–Parma; Dabydeen–Cleveland; more important, in my view, is the fact Vance–Olmsted Falls; Volak–Lorain; Walk- Devore–Parma; Fincham–Mogadore; Flana- that he earned it. STEVE has been serv- er–Perry; Washko–Hinckley; Webb–Medina; gan–Munroe Falls; Frankland–Norton; ing Ohio as a soldier for 30 years. He White–Maple Heights; Whitelaw– Frejofsky–Twinsburg; Garrett–Akron; Geiss– deployed to the Middle East during Op- Reminderville; Wilfong–Garrettsville; Brunswick; Gerber–Clinton; Gerson–Mentor; eration Iraqi Freedom, while simulta- Wilkinson–Medina; Williams–Medina; Wil- Green–Hudson; Haas–Solon; Hall–Barberton; son–Cleveland; Workman–Ravenna; Wright– neously serving as a State senator in Harasyn–Ravenna; Harte–Cleveland; Her- Columbus, and he even earned a Bronze Cuyahoga Falls; Zalek–Sheffield Lake; nandez–Cleveland; Hill–Middleburg Heights; Zaranko–Medina. Houston–Brunswick; Hughes–Mentor; Hurst– Star for his accomplishments. UNITED STATES AIR FORCE—26 Cuyahoga Falls; Johnson–North Olmsted. Since he came home, he has been Bibby–Brecksville; Brezovsky–North Kawalek–Strongsville; Ken–Mentor; Kiel– serving his neighbors in central and Ridgeville; Caraballo–Brooklyn; Ashtabula; Kimmel–Norton; King–LaGrange; southern Ohio as a legislator for more

VerDate Sep 11 2014 05:43 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.063 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2611 than a decade. We are really grateful Railroad Freedom Center, and numer- his passion and commitment to not for that because he has been a faithful ous other nonprofit organizations. only the sport of volleyball but the Representative in speaking up for his f State of Hawaii. ‘‘Let’s go ’Bows!’’ constituents. TRIBUTE TO DAVE SHOJI f I want to congratulate STEVE, Karen, and the kids on this exciting time for Ms. HIRONO. Mr. President, today I TRIBUTE TO TERESA SHOOK them. On behalf of the people of Ohio, wish to congratulate retiring Univer- Ms. HIRONO, Mr. President, one of I want to thank STEVE and all of our sity of Hawaii women’s volleyball the life lessons that I try to keep in troops for their service. coach Dave Shoji on an outstanding 42- mind is that one person can make a dif- Thank you. year career. ference. f In 1975, at just 28 years old, Dave Today I wish to recognize one of Shoji tallied his first win as head coach these remarkable people—Hawaii resi- TRIBUTE TO DR. CANDACE of the Rainbow Wahine volleyball dent Teresa Shook. KENDLE team. Since then, he has gone on to Most of my colleagues probably don’t Mr. PORTMAN. Mr. President, today compile one of the most decorated re- know who Teresa Shook is, but I am I wish to recognize the contributions of sumes in collegiate volleyball history. certain all of them know what dif- Dr. Candace Kendle, recipient of the In fact, there has been no such thing as ference she has made. 2017 Lifetime Achievement Award from a losing season during Dave’s tenure Teresa lives in the idyllic but iso- the Association for Corporate Growth, with the Rainbow Wahine. In 2013, he lated community of Hana on Maui. Fol- Cincinnati. earned the title of the National Colle- lowing the recent Presidential elec- As the visionary cofounder of one of giate Athletic Association’s alltime tion, like many Americans, Teresa had the largest international providers of winningest coach. In 2016, he became concerns about where our country was drug development services to the bio- just the second coach in NCAA history headed. She felt that it was time to pharmaceutical industry, Dr. Candace to win 1,200 matches. pursue real action. Unsure of where to Kendle is being honored for her He departs the university with an as- begin, she took to social media, posing achievements in founding and growing tonishing record of 1,202 wins, 204 the following question: ‘‘What if Kendle International, Inc., from a losses, and 1 tie, including 4 national women marched on Washington around small, private startup in 1981, to a titles, 25 conference championships, Inauguration Day en masse?’’ global clinical research organization and more than 30 postseason national Little did she know what that simple traded on NASDAQ, KNDL, and ac- tournament appearances. Facebook post would lead to. She cre- quired by INC Research in 2011. Coach Shoji leaves the confines of ated a public events page, which Under Dr. Kendle’s leadership, the Stan Sheriff Center with a legacy caught the attention of 40 people in the Kendle International delivered a wide much larger than the numbers. first few hours of its posting. She woke range of clinical development and clin- It is fitting that Coach Shoji’s tenure up the following morning to find that ical trial services to biopharmaceutical began just a few short years after the the event had garnered international companies around the world, including enactment of title IX, a law now named attention, and more than 10,000 individ- the development of Celebrex. for Hawaii Congresswoman Patsy Mink uals had pledged their attendance. The Prior to founding Kendle Inter- who championed its passage. Title IX numbers and support would only go up national, Inc., Kendle held senior fac- seeks to ensure equal opportunity and from there. ulty positions at several leading aca- prohibit sex discrimination in higher On January 20, 2017, the President de- demic institutions, including the Uni- education. It is most widely known for livered his inaugural address in which versity of North Carolina, Chapel Hill, expanding opportunities for women in he painted a grim picture of America. Schools of Pharmacy and Medicine; the collegiate athletics. Coach Shoji’s ten- The next day, millions across the University of Pennsylvania, School of ure at the helm of Rainbow Wahine United States and around the globe Medicine; Philadelphia College of Phar- volleyball has clearly demonstrated took to the streets to demonstrate macy and Science; and the University the value of opportunity for young peo- against his bleak view of our shared fu- of Cincinnati College of Pharmacy. ple—not just young women—in Hawaii. ture. Coined the Women’s March on A first-generation college student, His teams have been examples of what Washington, the event united women, Dr. Candace Kendle earned a bachelor can be achieved through hard work, men, and children of all ages, races, of science and doctorate in pharmacy professionalism, and teamwork. That and religions. From Hilo to Hanalei, from the University of Cincinnati, Col- example has led many local players to San Francisco to New York City, the lege of Pharmacy, and was awarded an aspire to 1 day don the green and white march assisted in generating meaning- honorary Ph.D. in science from the Wahine jersey, play in front of sold-out ful conversations about how to combat University of Cincinnati in 2010. crowds, and look to Coach Shoji in the the hateful rhetoric and discriminatory Dr. Candace Kendle is recognized center of the huddle during a nail-bit- agenda of the new President. It has worldwide as a leader in the CRO in- ing set. Parents were always hopeful, helped and encouraged everyday citi- dustry and is a founding member and too, that they would witness their zens, many of whom have never been past chairperson of the Association of daughter’s transition from girl to involved in politics, to get outside of Clinical Research Organizations. She woman in the care of Coach Shoji and their comfort zone and participate. has served as a mentor for the For- company. The need for progressive solutions to tune—U.S. State Department Global During his tenure, Coach Shoji’s has reform our criminal justice system, Women Leaders Mentoring Partnership coached 86 All-American selections, 35 protect and expand access to affordable and as a member of the Committee of conference players of the year and, 175 health care, improve immigration, 200, where she served on the board of all-conference picks. His players’ suc- fight climate change, and protect a directors for its foundation. She has cesses extended beyond the court. More woman’s right to choose are just a few also served on biotechnology task than 100 players have earned all-aca- of the many reasons why Teresa and forces for the U.S. Department of Com- demic conference recognitions under many others alike decided action need- merce, as well as for two Ohio Gov- his guidance. ed to take place. ernors. Over the past 42 years, Coach Shoji The Women’s March on Washington Dr. Kendle serves on the boards of di- has built a reputation for excellence was one event, but the network it gen- rectors for USP, Emerson, and the H.J. built on hard work, integrity, and love erated remains engaged. It is now a Heinz Company. She is cofounder of for the game. He has helped shape global movement against nationalism, Next Chapter Press and ReadAloud.org, countless student athletes and brought discrimination, and hate. It all started an organization to encourage children pride to their families and legions of when a retired attorney, grandmother and adults to read aloud to encourage fans. Coach Shoji has set the standard of four, and breast cancer survivor de- lifelong learning. She is also a former for those who follow. cided to speak up. While demonstra- trustee for the University of Cin- Hawaii extends our warmest aloha tions are integral to democracy, the cinnati, the National Underground and mahalo nui loa to Coach Shoji for Women’s March on Washington pointed

VerDate Sep 11 2014 05:43 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.064 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2612 CONGRESSIONAL RECORD — SENATE April 27, 2017 to the need for everyday individuals to rorism. His warnings about the need to Neil’s life of service and leadership is take their desire for political advance- reduce reliance on highly enriched ura- an inspiration to many, and we thank ment beyond the streets. nium and to limit the use of plutonium him for his service to our great coun- Teresa started a global movement for commercial nuclear power later try.∑ from her rural Maui home, showing us formed the core of the global nuclear f the difference one person can make. It security agenda. His warnings about is up to all of us to keep that momen- the flaws in nuclear cooperation agree- TRIBUTE TO EMMA HOMER tum going, to stay engaged. For those ments continue to reverberate in to- ∑ Mr. DAINES. Mr. President, this who feel as though their voice has no day’s debates over the export of nu- week, I have the distinct honor of rec- place within a conversation to pursue clear technology. ognizing Emma Homer of Ashland for change, Teresa has shown a path for- Today’s ongoing nuclear challenges the many years she has helped children ward. If there is anything to learn from remind me of our solemn responsibility in eastern Montana. Her generosity Women’s March on Washington, it is to carry out Paul’s legacy. and compassion is commendable. that we are not alone. There is no The nuclear industry continues to Emma began fostering children in greater time than now to mobilize your push against stringent safety stand- 1979. For nearly 38 years, she has communities and make your voices ards. The Trump administration wants opened her home, and her heart in heard. to promote the export of nuclear tech- order to help the local community. The Teresa, who has been honored by the nology and walk away from the Obama longevity of her noble accomplishment Maui County Council and continues to administration’s nuclear security mis- is truly remarkable. Over the years, be recognized by many internationally, sion. The India nuclear deal continues Emma has directly helped to improve is a shining example of what we call to increase the risk of a nuclear clash the lives of over 40 children through ‘‘Living Aloha.’’ A heartfelt mahalo in South Asia. Plans for commercial- her service as foster parent. The chil- nui loa to Teresa. scale plutonium reprocessing in East dren she has cared for have varied in f Asia threaten to create a new nuclear age from infants just a few months old arms race in the region. REMEMBERING PAUL LEVENTHAL to teenagers in high school. All of these challenges will require us In addition to her contributions as a Mr. MARKEY. Mr. President, this to take inspiration from Paul’s work to foster parent, since 1981, Emma has year we mark the 10th anniversary of promote nuclear security and non- worked in the food service department the untimely passing of our friend Paul proliferation. To honor Paul, we must at St. Labre Indian School. During Leventhal. Paul was a trailblazer when rededicate ourselves to fighting these that time, she has helped prepare hun- it came to addressing the dangers of threats to international peace and dreds of thousands of nutritious meals nuclear power and nuclear weapons. I human survival. for the students and staff. personally relied on Paul’s insight to f A loving home and a warm meal are craft my approach to preventing the essential elements in every Montana spread of dangerous nuclear technology ADDITIONAL STATEMENTS community. Emma has helped provide and nuclear weapons. both of these essentials to many chil- As a Senate staffer during the 1970s, TRIBUTE TO NEIL SMIT Paul made major contributions to our dren for well over a generation. Thank Nation’s security by working on two ∑ Mr. CASEY. Mr. President, today I you, Emma, for the outstanding exam- landmark laws. wish to pay tribute to a great Penn- ple you have set for the next genera- The first was the Energy Reorganiza- sylvanian and a great American: Neil tion.∑ tion Act, which created the Nuclear Smit. Neil has made extraordinary con- f tributions to our country through his Regulatory Commission and the agen- REMEMBERING CLYDE SEE, JR. cy that later became the Department service as a Navy SEAL, his leadership ∑ of Energy. Before this legislation, a and innovation in the business world, Mr. MANCHIN. Mr. President, I rise single agency, the Atomic Energy Com- and his dedication to community serv- today to honor Clyde See, Jr., a noble mission, was responsible for both pro- ice. veteran, a dedicated community lead- moting nuclear energy and regulating Neil has served as a leader in the er, and a beloved member of my home the nuclear industry, to the detriment business community for decades with State of West Virginia. of public safety. Comcast, Charter Communications, Clyde and I were friends for many Paul was also instrumental for pas- AOL, Pillsbury, and Nabisco. His nota- years, and I witnessed his unwavering sage of the Nuclear Non-Proliferation ble career began serving his country as dedication to public service, firsthand. Act, which required countries to adopt a member of the elite Navy SEAL Clyde was born in Hardy County and full-scope safeguards from the Inter- Team Six. He retired from Active Duty continued to give back to his commu- national Atomic Energy Agency before as a lieutenant commander. He has nity throughout his life. He was a high they could receive civilian nuclear never lost his commitment to his coun- school dropout, who received his GED technology from the United States. try and his comrades. In the private after serving in the U.S. Army. With This requirement later became an sector, he has worked on behalf of vet- use of his G.I. Bill, Clyde earned his un- international standard when the Nu- erans by championing Comcast’s pledge dergraduate degree from West Virginia clear Suppliers Group adopted it. to hire veterans and to help Active- University and then attended WVU’s During the 1980s, Paul played an im- Duty servicemembers transition from Law School. He served as an attorney portant role in helping to kill the the military to the civilian workforce. in Hardy County for 47 years. Clinch River Breeder reactor, which In all of his roles, Neil has always ex- Clyde always took great pride in shut down U.S. efforts to develop a full emplified the best traits of a leader. helping others achieve their goals. plutonium fuel cycle. Throughout this During his time as CEO of Comcast From 1975 through 1984, he served in time, he was also a strong proponent of Cable, Neil led his team to innovate the West Virginia House of Delegates, my efforts to close loopholes in U.S. and develop game-changing products with 6 years as speaker of the house. nuclear nonproliferation law, including and businesses that benefited con- Among his many achievements and tightening nuclear export controls af- sumers. roles in leadership, he served as presi- fecting China following Tiananmen His devotion to his community is evi- dent of the board of directors of the Square. He actively worked to ensure dent in his role with the executive Mutual Protective Insurance Associa- House passage of the Nuclear Prolifera- committee of the Children’s Hospital of tion for the 20 years, serving on its tion Prevention Act, which imposed Philadelphia’s board of trustees. Neil is board for more than 40 years. sanctions on those who knowingly con- also a member of the board of visitors He ran unsuccessfully for Governor tribute to efforts to acquire for Nicholas School of the Environ- in 1984 and 1988, but never gave up the unsafeguarded fissile material or nu- ment at his alma mater, Duke Univer- opportunity to give back to the State clear weapons. sity. He also serves as chairman of the he loved. Paul was ahead of his time in raising executive committee and is a member He was a member of the Moorefield alarms about the threat of nuclear ter- of the board of directors of C–SPAN. Volunteer Fire Company and fought

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.062 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2613 fires years ago because he believed so to become a dentist, treating patients such as Scotty Gomez, who went on to deeply in public service. He knew that, with whom who he would keep in touch win two Stanley Cups and became an if you can count your blessings, you throughout his life. In 1961, Dr. Alum NHL All-Star on multiple occasions, can share your blessings, and he did in- and his family fled Cuba in pursuit of and Eagle River’s Brian Swanson, deed share them with the Moorefield liberty and a better life after the Cas- whose hockey career took him to the region and with our entire State. tro brothers turned the island-nation National Hockey League, Europe, and Clyde was especially passionate into a Soviet-modeled totalitarian finally back home to the Aces before he about the passage of Hardy County country. retired in 2012. School Bonds that would enable new When Dr. Alum came to the United As good as the team has become, it is schools to be built in the county. He States, he decided to settle and raise their dedication to the community worked tirelessly for this cause and his family in Hudson County, NJ. His that made them a staple with multiple was so very proud to see the passage of first job was at a cardboard box factory generations of Alaskans. Whether it the bond for the new Moorefield High in Essex County. Wanting more for his was their ‘‘Skate with the Aces’’ School. Clyde knew that our students family, Dr. Alum worked tirelessly to events in which families could skate are the future of our State and Nation become a successful research scientist with the players and get to know them and that we must do everything in our for a pharmaceutical company, eventu- after home games or the ever-popular power to equip them with the tools ally joining a research team that in- military appreciation games, this orga- they need for success. He had great cluded a Nobel Prize winning doctor. nization has made a lasting impact on compassion for students who needed At his company, Dr. Alum established the lives of many hockey players and support and was very proactive in mak- important quality control measures fans alike. ing sure they were prepared for the fu- and developed influential drugs. The Aces are full of fond memories ture. The light of Dr. Alum’s life was his and traditions such as the cowbell One of Clyde’s favorite projects was family. Rolando and his pre-deceased crew, which is the name given to its Brighton Park, located just outside of wife, Sara, raised a truly exceptional enthusiastic fan section. Then there is Moorefield. It is a project that came to family by any measure. I have worked Bobby Hill, also known as ‘‘The Horse- fruition, thanks to Clyde’s design, de- side by side with his oldest son Roland man,’’ who is not only the Alaska Aces velopment, and funding efforts, as well Alum, Jr., on many civic and commu- superfan in charge of keeping the en- as with his determination to create nity engagement activities to better ergy alive at every home game by something special for the entire region the State of New Jersey. Dr. Alum’s going up and down the length of the ice to enjoy. Clyde often enjoyed walking youngest son Luis is an accomplished riding a hockey stick, but is also a Spe- through this beautiful park, and now it attorney and a leader in New Jersey’s cial Olympics Gold medalist. The Alaska Aces will be dearly remains in our hearts as a place to legal community. Rolando’s grandson, missed in what is certainly an unfortu- cherish his memory. Alexander, is the Assistant U.S. Attor- nate end for such a storied franchise. Clyde had the most wonderful sense ney in Puerto Rico. Janelle, Dr. Alum’s Economic times have taken a hit on of humor and such a quick wit. He was granddaughter, is a school teacher in many sectors of the Alaskan economy, also one of the most brilliant and elo- my hometown of Union City. With such and we have seen the impact with our quent speakers I have ever heard. It is a successful family, I have no doubt sporting events, but Alaskans are resil- my hope that his friends and family that Dr. Alum was proud of each and ient and our sports teams and athletes have found comfort in one another and every member of his family. One of Dr. Alum’s dreams was to one are no different. Hockey has a rich his- in the support of our entire home State day see democracy in Cuba. Fearing vi- tory in Alaska and is culturally in- for their loss. olence from the Castro regime, Dr. grained in the fabric of our State. Alas- What is most important is that he Alum, like countless other Cubans who ka has over 45 hockey associations, re- lived a full life, surrounded by his loved fled from the Castro regime, never re- flecting the passion and involvement ones. Clyde was a true West Virginian, turned to his native land. As a U.S. shared by Alaskans of all ages. It is always willing to help a neighbor in Senator of Cuban descent, I have dedi- this passion and dedication to the sport need. I extend my condolences to his cated my entire career to fighting for that will surely keep the spirit and loving companion, Marion Marshall, the Cuban people and will continue to memory of our Alaska Aces alive. his children Josh, Lucas, Jenny, and work towards bringing freedom to I want to commend the leadership of Amy and their families, and to his Cuba. the team’s owners, the dedication of its brother Jack. Again, I am honored to Dr. Rolando Alum, Sr., was a model fans and players, and the community recognize Clyde’s memory, as well as U.S. citizen and is a testament to what for making the Alaska Aces one of the the unwavering love he had for his fam- Cuban Americans, Latinos, and immi- league’s best franchises and perennial ∑ ily, friends, and our home State. grants contribute to our great coun- contenders for the ECHL Kelly Cup f try.∑ every season. The Aces play their very REMEMBERING DR. ROLANDO f last game on April 8, 2017; however, the memories that countless Alaskans ALUM, SR. RECOGNIZING THE ALASKA ACES ∑ have with our hockey team will not Mr. MENENDEZ. Mr. President, ∑ Ms. MURKOWSKI. Mr. President, fade, but will last a lifetime.∑ today I wish to honor the memory of today I wish to recognize Alaska’s one f the late Dr. Rolando Alum, Sr., of West and only professional sports team and New York, NJ. At the age of 104, Dr. an organization that has become part REMEMBERING DR. ANDRE Alum passed away on March 27, a of the fabric that makes up the Alas- LARSON month ago today, leaving behind a leg- kan society, the Alaska Aces. ∑ Mr. ROUNDS. Mr. President, today I acy of community service and a family The team started as a small semi- wish to honor the life and legacy of Dr. full of achievements. I had the distinct professional hockey team in the late Andre Larson, who passed away on pleasure of knowing Dr. Alum person- eighties known as the Anchorage Aces, March 24, 2017, at the age of 74. Dr. Lar- ally. He was my constituent from when but quickly gained the support and son grew up in Brookings, SD, and I first served in the New Jersey State popularity of the community and rose graduated from the University of Assembly over 25 years ago to when I through the ranks to become a profes- South Dakota, USD, in Vermillion became U.S. Senator. I could not be sional hockey organization in 1995. In with a BFA in music education and more impressed with the accomplished 2003, after becoming the Alaska Aces, later, a MM degree in music literature. life of Dr. Rolando Alum, Sr., and his the team joined the East Coast Hockey A lifelong advocate for fine arts and embodiment of the American spirit. League and almost immediately be- music, Dr. Larson created the re- Dr. Alum was born and raised in Ha- came one of the league’s powerhouses, nowned National Music Museum in vana, Cuba. He began his career as a winning three ECHL Kelly Cups in 2006, Vermillion, on USD’s campus. Today it professor and dean at a local technical 2011, and most recently 2014. has the most complete collection of college, educating his students on lit- The Aces have produced some of the well-preserved and historically impor- erature and grammar. He then went on biggest Alaskan professional athletes tant musical instruments in the world.

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.058 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2614 CONGRESSIONAL RECORD — SENATE April 27, 2017 The National Music Museum houses TRIBUTE TO ALEC DIFRUSCIA Mr. Wiener made his way to New and preserves over 15,000 rare musical ∑ Mr. THUNE. Mr. President, today I York City, where he joined his cousins, instruments: Stradivarius violins, and recognize the hard work of my Com- the only other members of a family one of the only two Stradivarius man- merce, Science, and Transportation that numbered 123 to survive the Nazi dolins that exist, dombaks and Committee intern Alec DiFruscia. Alec atrocities. In New York, he worked didgeridoos, the oldest playing hails from Tewksbury, MA, and is a tirelessly to rebuild his life, earning harpsicord, more than a dozen saxo- senior at George Washington Univer- his high school diploma at age 38 and phones made by the instrument’s in- sity. then a degree from Brooklyn College. ventor, Adolphe Sax, bouzoukis, hurdy- During his internship, Alec assisted He got married, started a family, and gurdies, and a bombardon, a 1772 the committee’s press office. He is a worked as an accountant. Through it bowlback mandolin, a Javanese gam- dedicated worker who has been com- all, he rarely spoke of surviving the elan, lutes, flutes, harmonicas, and mitted to getting the most out of his Holocaust or the atrocities he had wit- zithers, the world’s oldest cello, called internship. I extend my sincere thanks nessed and endured. He says now that the King cello and created around 1550 and appreciation to Alec for all of the he simply didn’t feel others would un- A.D., Johnny Cash’s guitar, and every- fine work he did for the committee and derstand. thing in-between, including a substan- wish him continued success in the In 2000, Mr. Wiener moved to Hills- tial collection of historic instrument years to come.∑ boro, OR. The Oregon Holocaust Re- documents. source Center asked him to share his Dr. Andre Larson was inspired by his f story, and, though he hesitated at first, father, Arne B. Larson, who was a high TRIBUTE TO JOHN ‘‘JACK’’ KILL he ultimately agreed to speak at Cen- school music teacher, bandleader, and tury High School. To his surprise, Mr. ∑ Mr. THUNE. Mr. President, today I later a college music professor. Arne Wiener received hundreds of letters recognize the hard work of my Com- began collecting musical artifacts and from students thanking him for chang- merce, Science, and Transportation instruments while serving in World ing their lives. Committee intern Jack Kill. Jack hails War II, and his passion for music was Mr. Wiener has since gone on to vol- from Houston, TX, and is a rising sen- not lost on his son, Andre. Wanting to unteer his time and energy to Holo- ior at Notre Dame University. share his and his father’s passion, caust education, giving more than 850 While interning on the Commerce Andre conceptualized, planned, and im- presentations to a wide range of audi- Committee, Jack assisted the Con- plemented the development of the Na- ences. In 2007, he published his auto- sumer Protection, Product Safety, In- tional Music Museum in Vermillion. In biography ‘‘64735: From a Name to a surance, and Data Security Sub- 1972, he was hired as the first director Number,’’ detailing his harrowing expe- committee. He is a dedicated worker of the museum, then named the Shrine riences under the Nazi regime and his who was committed to getting the to Music Museum, with his father’s life thereafter. most out of his internship. I extend my 2,500 instruments as the foundation. Many of my colleagues have heard sincere thanks and appreciation to Andre served as director of the mu- me talk about my own family’s experi- Jack for all of the fine work he did for seum until his retirement in 2011. ence: how my parents fled Nazi Ger- Under Dr. Andre Larson’s leadership, the committee and wish him continued ∑ many, how not everybody made it out, the museum expanded significantly success in the years to come. how we lost family in Kristallnacht from one room in the Carnegie Library f and at Theresienstadt. Tolerance and to now occupying the entire building TRIBUTE TO ALTER WIENER inclusiveness are issues the Wydens today. His intelligence and great take very seriously. That is why it is ∑ knowledge of instruments and history Mr. WYDEN. Mr. President, I want to so special for me to be able to pay trib- enabled him to select the best instru- take a few minutes today to honor ute to Alter Wiener today and to honor ments for the collection. He also had a Alter Wiener, a selfless Oregonian who his work. very unique skill in matching instru- endured the horrors of the Holocaust There is a concept in Judaism called ments to generous donors who would and has shared his powerful story with tikkun olam, which means to repair allow the museum to showcase their countless students and adults. I would the world. Truly, I can think of no big- purchases. like to share his story with the Senate ger way to describe Alter Wiener’s In addition to teaching at the Uni- so that my colleagues can hear how he work than repairing the world. Every versity of South Dakota and running survived the Nazi atrocities and came time he shares his story, more people the museum, Dr. Larson also created, to live in Hillsboro, OR, teaching understand the horrors of Nazi persecu- produced, and marketed many musical young men and women in my home tion and the inhumanity of the Holo- events every year that sometimes in- State the dangers of intolerance and caust. People also understand the im- cluded internationally known musi- exclusion. portance of tolerance, pluralism, and cians performing music with the mu- Alter Wiener’s story begins more inclusion, and they see the power of seum instruments. He also created the than 90 years ago in the Polish town of the human spirit to endure. Nation’s only graduate degree program Chrzano´ w, where he was born on Octo- Today I offer my deepest affection in the history of musical instruments. ber 8, 1926. Like many Jewish children, and a heartfelt thank you to Alter Wie- Throughout his life, Dr. Larson also he attended both public and religious ner for using your voice to teach gen- served three terms as the president of school and was taught the importance erations to come to never, ever forget.∑ of family and faith. What was a happy the American Musical Instrument So- f ciety. He edited its newsletter for 18 childhood ended abruptly when the years, and he was honored with the Nazis invaded his hometown in Sep- MESSAGE FROM THE HOUSE Curt Sachs Award, the highest honor tember of 1939. Mr. Wiener fled with his At 10:55 a.m., a message from the given by the American Musical Instru- mother and siblings, but his father, House of Representatives, delivered by ment Society. In 2016, he was elected to forced to stay behind, was ultimately Mr. Novotny, one of its reading clerks, the South Dakota Hall of Fame for his murdered by the Germans. announced that the House has passed contributions to the arts in South Da- Barred from practicing his faith or the following bill, in which it requests kota. attending school, Mr. Wiener was even- the concurrence of the Senate: Dr. Andre Larson’s commitment to tually ripped from his home in the mid- H.R. 1695. An act to amend title 17, United excellence and his dedication to music dle of the night and deported to States Code, to provide additional respon- have inspired thousands of students Blechhammer, a forced labor camp. He sibilities for the Register of Copyrights, and and music lovers, not just across South saw and experienced unimaginable hor- for other purposes. Dakota, but throughout the entire Na- rors as he was moved from labor camp The message further announced that tion. His work in creating the National to labor camp, spending 3 long years in pursuant to section 4003(e) of the 21st Music Museum will continue to inspire five concentration camps. When the Century Cures Act (Public Law 114– others for as long as there is music and Russian Army freed him in May 1945, 255), the Minority Leader appoints the there are people.∑ he weighed only 80 pounds. following individual on the part of the

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.059 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2615 House of Representatives to the Health Mr. MURPHY, Mrs. MURRAY, Mr. S. 968. A bill to amend the Public Health Information Technology Advisory REED, Mr. SANDERS, Ms. STABENOW, Service Act to designate certain medical fa- Committee: Dr. Steven Lane of Palo Mr. TESTER, Mr. VAN HOLLEN, Ms. cilities of the Department of Veterans Af- fairs as health professional shortage areas, Alto, California. WARREN, Mr. WHITEHOUSE, Mr. WYDEN, Mr. KAINE, and Mr. PETERS): and for other purposes; to the Committee on f S. 957. A bill to amend title 10, United Health, Education, Labor, and Pensions. States Code, to ensure that women members By Ms. KLOBUCHAR (for herself, Ms. MEASURES REFERRED of the Armed Forces and their families have COLLINS, Mr. KAINE, Mr. MARKEY, Mr. The following bill was read the first access to the contraception they need in VAN HOLLEN, and Ms. WARREN): and the second times by unanimous order to promote the health and readiness of S. 969. A bill to amend the Elementary and Secondary Education Act of 1965 to expand consent, and referred as indicated: all members of the Armed Forces, and for other purposes; to the Committee on Armed the military student identifier program to H.R. 1695. An act to amend title 17, United Services. cover students with a parent who serves in States Code, to provide additional respon- By Ms. HIRONO (for herself, Mr. the reserve component of the Armed Forces; sibilities for the Register of Copyrights, and WYDEN, Mr. MARKEY, Mr. MERKLEY, to the Committee on Health, Education, for other purposes; to the Committee on and Mr. CARPER): Labor, and Pensions. Rules and Administration. S. 958. A bill to authorize Federal agencies By Ms. KLOBUCHAR (for herself and Mr. TILLIS): f to establish prize competitions for innova- tion or adaptation management development S. 970. A bill to amend title 38, United EXECUTIVE REPORT OF relating to coral reef ecosystems, and for States Code, to improve the care provided by COMMITTEE other purposes; to the Committee on Com- the Secretary of Veterans Affairs to newborn merce, Science, and Transportation. children; to the Committee on Veterans’ Af- The following executive report of a By Mr. WYDEN (for himself, Mr. fairs. nomination was submitted: BROWN, Mrs. FEINSTEIN, Mrs. GILLI- By Mr. THUNE: S. 971. A bill to require the Administrator By Mr. ALEXANDER for the Committee BRAND, Mr. MERKLEY, Mr. SANDERS, of the Environmental Protection Agency to on Health, Education, Labor, and Pensions. Ms. WARREN, Mr. WHITEHOUSE, Ms. include in each regulatory impact analysis *Scott Gottlieb, of Connecticut, to be Com- HIRONO, Mr. SCHATZ, Mr. LEAHY, and for a proposed or final rule an analysis that missioner of Food and Drugs, Department of Mr. NELSON): does not include any other proposed or Health and Human Services. S. 959. A bill to restore protections for So- unimplemented rule; to the Committee on cial Security, Railroad retirement, and *Nomination was reported with rec- Environment and Public Works. Black Lung benefits from administrative off- By Mr. CRUZ (for himself, Mr. RUBIO, ommendation that it be confirmed sub- set; to the Committee on Finance. and Mr. PERDUE): ject to the nominee’s commitment to By Mr. PETERS (for himself and Mr. respond to requests to appear and tes- S. 972. A bill to promote democracy and GARDNER): the rule of law on Nicaragua, and for other tify before any duly constituted com- S. 960. A bill to amend title 44, United purposes; to the Committee on Foreign Rela- States Code, to protect open, machine-read- mittee of the Senate. tions. able databases; to the Committee on Home- By Mr. ALEXANDER (for himself and f land Security and Governmental Affairs. Mr. CORKER): INTRODUCTION OF BILLS AND By Mr. YOUNG: S. 973. A bill to designate as wilderness cer- JOINT RESOLUTIONS S. 961. A bill to develop a database of tain public land in the Cherokee National projects that are proven or promising in Forest in the State of Tennessee, and for The following bills and joint resolu- terms of moving welfare recipients into other purposes; to the Committee on Energy tions were introduced, read the first work; to the Committee on Finance. and Natural Resources. and second times by unanimous con- By Ms. KLOBUCHAR (for herself and By Mr. LEAHY (for himself, Mr. Mr. DAINES): sent, and referred as indicated: GRASSLEY, Ms. KLOBUCHAR, Mr. LEE, S. 962. A bill to establish a grant program Mrs. FEINSTEIN, Mrs. MCCASKILL, Ms. By Mrs. MURRAY (for herself, Ms. to support landscape-scale restoration and COLLINS, Mr. MCCAIN, Mr. BALDWIN, Mr. BLUMENTHAL, Mr. management, and for other purposes; to the BLUMENTHAL, Mr. WHITEHOUSE, Mr. BOOKER, Mr. CASEY, Ms. DUCKWORTH, Committee on Agriculture, Nutrition, and Mr. FRANKEN, Mrs. GILLIBRAND, Ms. COTTON, and Mr. DURBIN): Forestry. S. 974. A bill to promote competition in the HARRIS, Ms. HASSAN, Ms. HIRONO, Mr. By Mr. YOUNG (for himself, Mr. BEN- MARKEY, Mr. MERKLEY, Mr. SANDERS, market for drugs and biological products by NET, Ms. COLLINS, and Mr. BOOKER): facilitating the timely entry of lower-cost Mr. SCHATZ, Mrs. SHAHEEN, Mr. VAN S. 963. A bill to encourage and support HOLLEN, Ms. WARREN, and Mr. generic and biosimilar versions of those partnerships between the public and private drugs and biological products; to the Com- WYDEN): sectors to improve our Nation’s social pro- mittee on the Judiciary. S. 954. A bill to prevent harassment at in- grams, and for other purposes; to the Com- stitutions of higher education, and for other By Mr. DAINES (for himself, Ms. mittee on Finance. HEITKAMP, Mr. BARRASSO, and Mr. purposes; to the Committee on Health, Edu- By Mr. BLUMENTHAL (for himself and cation, Labor, and Pensions. TESTER): Mr. UDALL): S. 975. A bill to amend the Internal Rev- By Mr. WHITEHOUSE (for himself, Ms. S. 964. A bill to protect broadband users enue Code of 1986 to permanently extend the WARREN, Ms. BALDWIN, Mr. BOOKER, from unfair or deceptive practices relating Indian coal production tax credit; to the Mr. LEAHY, Mr. REED, Mr. MERKLEY, to privacy or data security, and for other Committee on Finance. Mr. MARKEY, Mr. FRANKEN, Mrs. SHA- purposes; to the Committee on Commerce, By Mr. ENZI (for himself, Mr. DURBIN, HEEN, Ms. HASSAN, Mr. BLUMENTHAL, Science, and Transportation. Mr. ALEXANDER, Ms. HEITKAMP, Ms. Mr. VAN HOLLEN, Ms. KLOBUCHAR, Mr. By Mr. BLUMENTHAL (for himself and WARREN, Mr. REED, Mr. WHITEHOUSE, DURBIN, Ms. DUCKWORTH, and Mrs. Mr. MARKEY): Mr. WARNER, Mr. CARDIN, Mr. KAINE, FEINSTEIN): S. 965. A bill to improve passenger vessel Mr. MARKEY, Mr. BLUNT, Mr. ROUNDS, S. 955. A bill to ensure high-income earners security and safety, and for other purposes; Ms. DUCKWORTH, and Ms. COLLINS): pay a fair share of Federal taxes; to the Com- to the Committee on Commerce, Science, S. 976. A bill to restore States’ sovereign mittee on Finance. and Transportation. rights to enforce State and local sales and By Mr. CASSIDY (for himself and Mr. By Mr. PETERS (for himself and Mr. use tax laws, and for other purposes; to the KENNEDY): PORTMAN): Committee on Finance. S. 956. A bill to amend the Outer Conti- S. 966. A bill to establish a program to ac- By Mr. CARDIN (for himself and Mr. nental Shelf Lands Act to limit the author- curately document vehicles that were sig- HELLER): ity of the President to withdraw areas from nificant in the history of the United States, S. 977. A bill to permit occupational thera- oil and gas leasing, and for other purposes; and for other purposes; to the Committee on pists to conduct the initial assessment visit to the Committee on Energy and Natural Re- Energy and Natural Resources. and complete the comprehensive assessment sources. By Ms. STABENOW (for herself, Mr. under a Medicare home health plan of care By Mrs. SHAHEEN (for herself, Ms. ROBERTS, Mr. LEAHY, Ms. COLLINS, for certain rehabilitation cases; to the Com- BALDWIN, Mr. BENNET, Mr. and Mr. SCHUMER): mittee on Finance. BLUMENTHAL, Mr. BOOKER, Mr. S. 967. A bill to amend title XVIII of the By Mrs. MURRAY: BROWN, Ms. CANTWELL, Mr. CARDIN, Social Security Act to increase access to S. 978. A bill to direct the Secretary of Mr. COONS, Ms. CORTEZ MASTO, Mr. ambulance services under the Medicare pro- Education to establish an award program DURBIN, Mrs. FEINSTEIN, Mr. gram and to reform payments for such serv- recognizing excellence exhibited by public FRANKEN, Mrs. GILLIBRAND, Ms. HAR- ices under such program, and for other pur- school system employees providing services RIS, Ms. HASSAN, Mr. HEINRICH, Ms. poses; to the Committee on Finance. to students in prekindergarten through high- HIRONO, Ms. KLOBUCHAR, Mr. MAR- By Ms. KLOBUCHAR (for herself and er education; to the Committee on Health, KEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. GRASSLEY): Education, Labor, and Pensions.

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.004 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2616 CONGRESSIONAL RECORD — SENATE April 27, 2017 By Mr. BENNET: By Mr. TILLIS: sissippi (Mr. COCHRAN), the Senator S. 979. A bill for the relief of Arturo Her- S. Res. 144. A resolution designating May 1, from Wyoming (Mr. BARRASSO), the nandez-Garcia; to the Committee on the Ju- 2017, as ‘‘National Purebred Dog Day’’; to the Senator from Georgia (Mr. ISAKSON) diciary. Committee on the Judiciary. and the Senator from Ohio (Mr. BROWN) By Mrs. CAPITO (for herself, Mrs. SHA- By Mr. REED (for himself, Mr. DON- HEEN, Mr. FRANKEN, and Mrs. GILLI- NELLY, Mr. SCOTT, Mr. CARPER, Mr. were added as cosponsors of S. 236, a BRAND): WICKER, Mr. WHITEHOUSE, Mr. COONS, bill to amend the Internal Revenue S. 980. A bill to amend title XVIII of the Mrs. MURRAY, Mr. SCHATZ, Mr. Code of 1986 to reform taxation of alco- Social Security Act to provide for payments YOUNG, Mr. ROUNDS, Mr. TILLIS, Mr. holic beverages. for certain rural health clinic and Federally MANCHIN, Mr. KENNEDY, Mr. PETERS, S. 251 qualified health center services furnished to Mr. CARDIN, Mrs. FEINSTEIN, Mr. GRA- hospice patients under the Medicare pro- HAM, Mr. DURBIN, Mr. MENENDEZ, Ms. At the request of Mr. WYDEN, the gram; to the Committee on Finance. KLOBUCHAR, Mr. FRANKEN, and Mr. name of the Senator from Hawaii (Ms. By Ms. KLOBUCHAR (for herself and BOOKER): HIRONO) was added as a cosponsor of S. Mr. HOEVEN): S. Res. 145. A resolution designating April 251, a bill to repeal the Independent S. 981. A bill to require the Secretary of 2017 as ‘‘Financial Literacy Month’’; consid- Payment Advisory Board in order to Energy to establish an energy efficiency ma- ered and agreed to. terials pilot program; to the Committee on By Mr. MENENDEZ (for himself, Mr. ensure that it cannot be used to under- Energy and Natural Resources. FLAKE, Ms. CORTEZ MASTO, Mr. mine the Medicare entitlement for By Mr. CASEY: CRAPO, Ms. DUCKWORTH, Mr. HEIN- beneficiaries. S. 982. A bill to amend the Child Abuse RICH, Mr. MCCAIN, Mrs. MURRAY, Mr. S. 260 Prevention and Treatment Act to require REED, and Mr. BOOKER): mandatory reporting of incidents of child S. Res. 146. A resolution designating April At the request of Mr. CORNYN, the abuse or neglect, and for other purposes; to 30, 2017, as El Dia de Los Ninos-Celebrating name of the Senator from Indiana (Mr. the Committee on Health, Education, Labor, Young Americans; considered and agreed to. YOUNG) was added as a cosponsor of S. and Pensions. By Mrs. FEINSTEIN (for herself and 260, a bill to repeal the provisions of By Mr. DURBIN (for himself and Ms. Ms. HARRIS): the Patient Protection and Affordable DUCKWORTH): S. Res. 147. A resolution commemorating S. 983. A bill to amend the Internal Rev- Care Act providing for the Independent the 25th anniversary of the 1992 Los Angeles Payment Advisory Board. enue Code of 1986 to modify the work oppor- civil unrest; to the Committee on the Judici- tunity credit for certain youth employees, ary. S. 319 and to extend empowerment zones; to the By Ms. HIRONO (for herself and Mr. At the request of Ms. KLOBUCHAR, the Committee on Finance. SCHATZ): By Mr. DURBIN (for himself and Ms. S. Con. Res. 14. A concurrent resolution au- names of the Senator from Michigan DUCKWORTH): thorizing the use of Emancipation Hall in (Mr. PETERS) and the Senator from S. 984. A bill to amend the Workforce Inno- the Capitol Visitor Center for an event to Florida (Mr. NELSON) were added as co- vation and Opportunity Act to provide fund- celebrate the birthday of King Kamehameha sponsors of S. 319, a bill to amend title ing, on a competitive basis, for summer and I; considered and agreed to. 38, United States Code, to direct the year-round employment opportunities for f Secretary of Veterans Affairs to estab- youth ages 14 through 24; to the Committee lish within the Department of Veterans on Health, Education, Labor, and Pensions. ADDITIONAL COSPONSORS By Mr. MARKEY (for himself, Mr. Affairs a center of excellence in the S. 104 MENENDEZ, Mr. WHITEHOUSE, Mr. prevention, diagnosis, mitigation, BOOKER, Mr. BLUMENTHAL, Mrs. FEIN- At the request of Mrs. GILLIBRAND, treatment, and rehabilitation of health STEIN, Mr. SANDERS, Ms. HASSAN, the name of the Senator from Ohio conditions relating to exposure to burn Mrs. MURRAY, Mr. FRANKEN, Mrs. (Mr. BROWN) was added as a cosponsor pits. SHAHEEN, Ms. WARREN, Mr. CARDIN, of S. 104, a bill to provide for the S. 322 Mrs. GILLIBRAND, Mr. NELSON, Mr. vacating of certain convictions and WYDEN, Mr. REED, Mr. MERKLEY, Mr. expungement of certain arrests of vic- At the request of Mr. PETERS, the VAN HOLLEN, Ms. HARRIS, and Mr. tims of human trafficking. name of the Senator from Massachu- LEAHY): setts (Ms. WARREN) was added as a co- S. 109 S. 985. A bill to prohibit the Secretary of sponsor of S. 322, a bill to protect vic- the Interior from revising the approved oil At the request of Mr. GRASSLEY, the tims of domestic violence, sexual as- and gas leasing program for fiscal years 2017 name of the Senator from Florida (Mr. sault, stalking, and dating violence through 2022; to the Committee on Energy NELSON) was added as a cosponsor of S. from emotional and psychological and Natural Resources. 109, a bill to amend title XVIII of the By Mr. MENENDEZ (for himself, Mr. trauma caused by acts of violence or Social Security Act to provide for cov- BOOKER, Mr. CARPER, and Mr. COONS): threats of violence against their pets. S. 986. A bill to amend title XVIII of the erage under the Medicare program of Social Security Act to permit hospitals in pharmacist services. S. 339 all-urban States to be considered Medicare S. 203 At the request of Mr. NELSON, the dependent hospitals, and for other purposes; At the request of Mr. BURR, the name names of the Senator from Washington to the Committee on Finance. of the Senator from Alabama (Mr. (Ms. CANTWELL) and the Senator from By Mr. MERKLEY (for himself, Mr. TRANGE New Jersey (Mr. BOOKER) were added as SANDERS, Mr. MARKEY, and Mr. BOOK- S ) was added as a cosponsor of cosponsors of S. 339, a bill to amend ER): S. 203, a bill to reaffirm that the Envi- S. 987. A bill to transition away from fossil ronmental Protection Agency may not title 10, United States Code, to repeal fuel sources of energy to 100 percent clean regulate vehicles used solely for com- the requirement for reduction of sur- and renewable energy by 2050, and for other petition, and for other purposes. vivor annuities under the Survivor purposes; to the Committee on Finance. S. 223 Benefit Plan by veterans’ dependency By Mr. BROWN (for himself and Mr. At the request of Ms. COLLINS, the and indemnity compensation, and for ROBERTS): other purposes. S. 988. A bill to amend the Internal Rev- names of the Senator from Arkansas enue Code of 1986 to make qualified biogas (Mr. COTTON), the Senator from New S. 372 property and qualified manure resource re- Hampshire (Ms. HASSAN) and the Sen- At the request of Mr. PORTMAN, the covery property eligible for the energy credit ator from Washington (Mrs. MURRAY) name of the Senator from New Hamp- and to permit new clean renewable energy were added as cosponsors of S. 223, a shire (Mrs. SHAHEEN) was added as a co- bonds to finance qualified biogas property, bill to provide immunity from suit for and for other purposes; to the Committee on sponsor of S. 372, a bill to amend the Finance. certain individuals who disclose poten- Tariff Act of 1930 to ensure that mer- tial examples of financial exploitation f chandise arriving through the mail of senior citizens, and for other pur- shall be subject to review by U.S. Cus- SUBMISSION OF CONCURRENT AND poses. toms and Border Protection and to re- SENATE RESOLUTIONS S. 236 quire the provision of advance elec- The following concurrent resolutions At the request of Mr. WYDEN, the tronic information on shipments of and Senate resolutions were read, and names of the Senator from New Mexico mail to U.S. Customs and Border Pro- referred (or acted upon), as indicated: (Mr. UDALL), the Senator from Mis- tection and for other purposes.

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.008 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2617 S. 379 S. 538 ginia (Mr. MANCHIN) and the Senator At the request of Mr. COTTON, the At the request of Ms. STABENOW, the from West Virginia (Mrs. CAPITO) were name of the Senator from North Caro- name of the Senator from Washington added as cosponsors of S. 751, a bill to lina (Mr. BURR) was added as a cospon- (Mrs. MURRAY) was added as a cospon- amend title 54, United States Code, to sor of S. 379, a bill to amend title II of sor of S. 538, a bill to clarify research establish, fund, and provide for the use the Social Security Act to eliminate and development for wood products, of amounts in a National Park Service the five month waiting period for dis- and for other purposes. Legacy Restoration Fund to address ability insurance benefits under such S. 540 the maintenance backlog of the Na- title for individuals with amyotrophic At the request of Mr. THUNE, the tional Park Service, and for other pur- lateral sclerosis. name of the Senator from Michigan poses. S. 384 (Mr. PETERS) was added as a cosponsor S. 794 At the request of Mr. BLUNT, the of S. 540, a bill to limit the authority of At the request of Mr. ISAKSON, the name of the Senator from West Vir- States to tax certain income of em- name of the Senator from Iowa (Mr. ginia (Mrs. CAPITO) was added as a co- ployees for employment duties per- GRASSLEY) was added as a cosponsor of sponsor of S. 384, a bill to amend the formed in other States. S. 794, a bill to amend title XVIII of the Internal Revenue Code of 1986 to per- S. 623 Social Security Act in order to im- manently extend the new markets tax At the request of Mr. DURBIN, the prove the process whereby Medicare ad- credit, and for other purposes. name of the Senator from Connecticut ministrative contractors issue local S. 393 (Mr. MURPHY) was added as a cosponsor coverage determinations under the At the request of Mr. SCOTT, the of S. 623, a bill to enhance the trans- Medicare program, and for other pur- name of the Senator from New Hamp- parency and accelerate the impact of poses. shire (Ms. HASSAN) was added as a co- assistance provided under the Foreign S. 829 sponsor of S. 393, a bill to amend the Assistance Act of 1961 to promote qual- At the request of Mr. MCCAIN, the Internal Revenue Code of 1986 to allow ity basic education in developing coun- name of the Senator from Michigan employers a credit against income tax tries, to better enable such countries (Mr. PETERS) was added as a cosponsor for employees who participate in quali- to achieve universal access to quality of S. 829, a bill to reauthorize the As- fied apprenticeship programs. basic education and improved learning sistance to Firefighters Grants pro- S. 404 outcomes, to eliminate duplication and gram, the Fire Prevention and Safety At the request of Mr. ISAKSON, the waste, and for other purposes. Grants program, and the Staffing for name of the Senator from Indiana (Mr. S. 652 Adequate Fire and Emergency Re- YOUNG) was added as a cosponsor of S. At the request of Mr. KAINE, the sponse grant program, and for other 404, a bill to amend the Federal Food, name of the Senator from Vermont purposes. Drug, and Cosmetic Act to improve the (Mr. LEAHY) was added as a cosponsor S. 849 process for inspections of device estab- of S. 652, a bill to amend the Public At the request of Mr. KING, the lishments for granting export certifi- Health Service Act to reauthorize a names of the Senator from Tennessee cations. program for early detection, diagnosis, (Mr. ALEXANDER) and the Senator from At the request of Mr. BENNET, the and treatment regarding deaf and hard- Hawaii (Ms. HIRONO) were added as co- name of the Senator from Indiana (Mr. of-hearing newborns, infants, and sponsors of S. 849, a bill to support pro- DONNELLY) was added as a cosponsor of young children. grams for mosquito-borne and other S. 404, supra. At the request of Mr. PORTMAN, the vector-borne disease surveillance and S. 407 name of the Senator from Mississippi control. At the request of Mr. CRAPO, the (Mr. COCHRAN) was added as a cospon- S. 856 name of the Senator from Florida (Mr. sor of S. 652, supra. NELSON) was added as a cosponsor of S. At the request of Mrs. MCCASKILL, 407, a bill to amend the Internal Rev- S. 708 the names of the Senator from Michi- enue Code of 1986 to permanently ex- At the request of Mr. MARKEY, the gan (Mr. PETERS), the Senator from tend the railroad track maintenance names of the Senator from Wisconsin Michigan (Ms. STABENOW) and the Sen- credit. (Ms. BALDWIN), the Senator from New ator from Nevada (Ms. CORTEZ MASTO) Hampshire (Mrs. SHAHEEN) and the were added as cosponsors of S. 856, a S. 428 Senator from Massachusetts (Ms. WAR- bill to amend the Higher Education Act At the request of Mr. GRASSLEY, the REN) were added as cosponsors of S. 708, name of the Senator from Kansas (Mr. of 1965 and the Jeanne Clery Disclosure a bill to improve the ability of U.S. of Campus Security Policy and Campus MORAN) was added as a cosponsor of S. Customs and Border Protection to 428, a bill to amend titles XIX and XXI Crime Statistics Act to combat campus interdict fentanyl, other synthetic of the Social Security Act to authorize sexual assault, and for other purposes. opioids, and other narcotics and States to provide coordinated care to S. 858 psychoactive substances that are ille- children with complex medical condi- At the request of Mrs. SHAHEEN, the gally imported into the United States, tions through enhanced pediatric names of the Senator from New Jersey and for other purposes. health homes, and for other purposes. (Mr. MENENDEZ), the Senator from Con- S. 736 S. 445 necticut (Mr. MURPHY) and the Senator At the request of Ms. COLLINS, the At the request of Mr. ENZI, the name from New York (Mrs. GILLIBRAND) were name of the Senator from Ohio (Mr. of the Senator from Kansas (Mr. added as cosponsors of S. 858, a bill to PORTMAN) was added as a cosponsor of MORAN) was added as a cosponsor of S. provide protection for survivors of do- S. 445, a bill to amend title XVIII of the 736, a bill to amend the Internal Rev- mestic violence or sexual assault under Social Security Act to ensure more enue Code of 1986 to provide for colle- the Fair Housing Act. timely access to home health services giate housing and infrastructure S. 900 for Medicare beneficiaries under the grants. At the request of Ms. HIRONO, the Medicare program. S. 750 name of the Senator from Missouri S. 486 At the request of Mr. MERKLEY, the (Mrs. MCCASKILL) was added as a co- At the request of Mr. PORTMAN, the name of the Senator from Maryland sponsor of S. 900, a bill to improve the name of the Senator from North Caro- (Mr. CARDIN) was added as a cosponsor Federal Pell Grant program, and for lina (Mr. BURR) was added as a cospon- of S. 750, a bill to prohibit drilling in other purposes. sor of S. 486, a bill to amend title XVIII the outer Continental Shelf, to pro- S. 914 of the Social Security Act to provide hibit coal leases on Federal land, and At the request of Mrs. SHAHEEN, the for the non-application of Medicare for other purposes. name of the Senator from New Hamp- competitive acquisition rates to com- S. 751 shire (Ms. HASSAN) was added as a co- plex rehabilitative wheelchairs and ac- At the request of Mr. WARNER, the sponsor of S. 914, a bill to improve and cessories. names of the Senator from West Vir- coordinate interagency Federal actions

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.009 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2618 CONGRESSIONAL RECORD — SENATE April 27, 2017 and provide assistance to States for re- (Mr. WYDEN) and the Senator from Astonishingly, when the law changed sponding to public health challenges Michigan (Ms. STABENOW) were added as part of a 1996 omnibus budget bill, posed by emerging contaminants, and as cosponsors of S. Res. 136, a resolu- these changes were never fully debated for other purposes. tion expressing the sense of the Senate in Congress. This means Members of S. 916 regarding the 102nd anniversary of the Congress never had the chance to real- At the request of Mr. CASSIDY, the Armenian Genocide. ly explore how this policy would affect names of the Senator from Tennessee f beneficiaries. The legislation ulti- (Mr. ALEXANDER) and the Senator from mately included some protections for STATEMENTS ON INTRODUCED the most vulnerable, but even those Alaska (Ms. MURKOWSKI) were added as BILLS AND JOINT RESOLUTIONS cosponsors of S. 916, a bill to amend the protections have not been updated in 20 Controlled Substances Act with regard By Mr. WYDEN (for himself, Mr. years. to the provision of emergency medical BROWN, Mrs. FEINSTEIN, Mrs. We now realize what a profound ef- services. GILLIBRAND, Mr. MERKLEY, Mr. fect the loss of these protections has SANDERS, Ms. WARREN, Mr. had on retirees and individuals with S. 918 WHITEHOUSE, Ms. HIRONO, Mr. disabilities, who often live on fixed in- At the request of Mr. PORTMAN, the SCHATZ, Mr. LEAHY, and Mr. comes. More and more seniors and peo- name of the Senator from Montana NELSON): ple with disabilities are having their (Mr. TESTER) was added as a cosponsor S. 959. A bill to restore protections Social Security and other lifeline bene- of S. 918, a bill to amend title 31, for Social Security, Railroad retire- fits taken away to pay federal debts. United States Code, to provide for ment, and Black Lung benefits from For example, according to a GAO re- automatic continuing resolutions. administrative offset; to the Com- port, in 2004, about 8,000 seniors were S.J. RES. 16 mittee on Finance. living in poverty after having their At the request of Mr. WYDEN, the Mr. WYDEN. Mr. President. Every benefits garnished to recover a student name of the Senator from Hawaii (Ms. day, Social Security provides vital ben- debt. In 2015, over 67,000 seniors were HIRONO) was added as a cosponsor of efits to millions of Americans who subject to garnishment for a student S.J. Res. 16, a joint resolution approv- worked and paid into the system. To debt and living in poverty. Congress ing the discontinuation of the process ensure workers would receive full ac- should restore sanity to the system, for consideration and automatic imple- cess to these fundamental lifeline bene- and reestablish the protections that mentation of the annual proposal of fits, for many years, the law protected these beneficiaries deserve. the Independent Medicare Advisory these earned benefits from attempts to That is why I, along with Senators Board under section 1899A of the Social recover debts. However, 20 years ago, BROWN, MERKLEY, FEINSTEIN, HIRONO, Security Act. Congress suddenly reversed course, and SCHATZ, LEAHY, NELSON, WHITEHOUSE, S. CON. RES. 12 made a change to the law that allowed GILLIBRAND, SANDERS, and WARREN are At the request of Mr. GRASSLEY, the the government to cut Social Security reintroducing the Protection of Social names of the Senator from Michigan and other hard-earned benefit pay- Security Benefits Restoration Act. The (Mr. PETERS), the Senator from Michi- ments in order to collect student loan bill would restore the strong protec- gan (Ms. STABENOW) and the Senator and other federal debts, like home tions in the law that prevented the from Massachusetts (Ms. WARREN) were loans owed to the Veterans Adminis- government from taking away earned added as cosponsors of S. Con. Res. 12, tration, and food stamp overpayments. benefits to pay federal debts, and guar- a concurrent resolution expressing the Now, more and more seniors are find- antee beneficiaries will be able to sense of Congress that those who ing themselves subject to government maintain a basic standard of living by served in the bays, harbors, and terri- garnishment of their already modest receiving the benefits they have torial seas of the Republic of Vietnam Social Security benefits in order to re- earned. The bill is supported by Social during the period beginning on Janu- coup student loan debts. In fact, the Security Works, the Arc of the United ary 9, 1962, and ending on May 7, 1975, New York Times published an editorial States, Latinos for a Secure Retire- should be presumed to have served in recently titled, ‘‘Haunted by Student ment, Puget Sound Advocates for Re- the Republic of Vietnam for all pur- Debt Past Age 50’’ that highlighted the tirement Action, PSARA, AFL-CIO, poses under the Agent Orange Act of worsening struggle that seniors face the Economic Opportunity Institute, 1991. with student debt. the National Organization for Women, Justice in Aging, Gray Panthers NYC, S. RES. 60 Student loan debt is becoming an in- Alliance for Retired Americans, the At the request of Mr. DAINES, the creasingly serious problem in Oregon National Committee to Preserve Social name of the Senator from South Da- and across the Nation, with students Security and Medicare, Global Policy kota (Mr. ROUNDS) was added as a co- and their families burdened by crush- Solutions, AARP, the American Fed- sponsor of S. Res. 60, a resolution des- ing student loan debt. Even in the best eration of Government Employees, and ignating May 5, 2017, as the ‘‘National circumstances, many families will the International Union, United Auto- Day of Awareness for Missing and Mur- struggle to pay off crippling loans for mobile, Aerospace & Agricultural Im- dered Native Women and Girls’’. years to come. However, for people who rely on benefits like Social Security plement Workers of America, UAW. S. RES. 106 after retirement, disability, or the Mr. President, I ask unanimous con- At the request of Mr. WICKER, the death of a family member, making pay- sent that the text of the bill be printed name of the Senator from Oklahoma ments on student loans or other Fed- in the RECORD. (Mr. INHOFE) was added as a cosponsor eral debts can become an insurmount- There being no objection, the text of of S. Res. 106, a resolution expressing able hardship. the bill was ordered to be printed in the sense of the Senate to support the Because of the lifeline nature of the RECORD, as follows: territorial integrity of Georgia. these earned benefits, for more than 40 S. 959 S. RES. 108 years the law prevented all creditors Be it enacted by the Senate and House of Rep- At the request of Mr. CARDIN, the from collecting hard-earned Social Se- resentatives of the United States of America in name of the Senator from New Jersey curity, railroad retirement, and black Congress assembled, (Mr. BOOKER) was added as a cosponsor lung benefits to recoup debts. The only SECTION 1. SHORT TITLE. of S. Res. 108, a resolution reaffirming This Act may be cited as the ‘‘Protection exceptions included unpaid Federal of Social Security Benefits Restoration the commitment of the United States taxes, child support or alimony pay- Act’’. to the United States-Egypt partner- ments, and court-ordered victim res- SEC. 2. PROTECTING SOCIAL SECURITY, RAIL- ship. titution. These protections helped en- ROAD RETIREMENT, AND BLACK S. RES. 136 sure that our social safety net pro- LUNG BENEFITS FROM ADMINISTRA- TIVE OFFSET. ENENDEZ At the request of Mr. M , the grams were functioning as intended— (a) PROHIBITION ON ADMINISTRATIVE OFFSET names of the Senator from Florida (Mr. something I think we can all agree is AUTHORITY.— RUBIO), the Senator from Colorado (Mr. essential to preserving Social Security (1) ASSIGNMENT UNDER SOCIAL SECURITY GARDNER), the Senator from Oregon and other earned benefits. ACT.—Section 207 of the Social Security Act

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.010 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2619 (42 U.S.C. 407) is amended by adding at the ators GRASSLEY, KLOBUCHAR, LEE, and $600 for a two-pack. The sharp increase end the following new subsection: FEINSTEIN, and several other Senators in price combined with the relatively ‘‘(d) Subparagraphs (A), (C), and (D) of sec- of both parties in introducing this bill short shelf life of the product—1 year tion 3716(c)(3) of title 31, United States Code, as such subparagraphs were in effect on the today. to 18 months—has put this lifesaving date before the date of enactment of the Pro- The first delay tactic addressed by drug out of reach for many. tection of Social Security Benefits Restora- the CREATES Act involves the with- Think for a moment about the im- tion Act, shall be null and void and of no ef- holding of drug samples that generic pact of price hikes on the family of a fect.’’. manufacturers need to gain regulatory patient facing a life-threatening ill- (2) CONFORMING AMENDMENTS.— approval. Federal law requires generic ness. Across the country, hardworking (A) Section 14(a) of the Railroad Retire- competitors to prove that their low- Americans feel like the system is ment Act of 1974 (45 U.S.C. 231m(a)) is cost alternative is as equally safe and rigged against them by corporations amended by adding at the end the following: effective as the brand-name drug with that are looking to make a profit at ‘‘. The provisions of section 207(d) of the So- cial Security Act shall apply with respect to which they wish to compete. Unfortu- any price. With examples like Turing this title to the same extent as they apply in nately, some brand-name companies and Mylan, it is no wonder they feel the case of title II of such Act.’’. are preventing generic manufacturers that way. (B) Section 2(e) of the Railroad Unemploy- from obtaining the samples they need The CREATES Act is one piece of the ment Insurance Act (45 U.S.C. 352(e)) is to make the necessary comparison. puzzle, addressing anticompetitive be- amended by adding at the end the following: This simple delay tactic uses regu- havior that delays the creation of af- ‘‘The provisions of section 207(d) of the So- latory safeguards as a weapon to block fordable generic drugs. Drug afford- cial Security Act shall apply with respect to competition. The FDA has reported re- ability is a bipartisan issue that affects this title to the same extent as they apply in the case of title II of such Act.’’ ceiving more than 100 inquiries from each and every American. These re- (b) REPEAL OF ADMINISTRATIVE OFFSET AU- generic product developers who were forms will make a difference. I hope THORITY.— unable to access samples of a brand- other Senators will join us in sup- (1) IN GENERAL.—Paragraph (3) of section name drug to compare their generic porting these bipartisan reforms. 3716(c) of title 31, United States Code, is product. amended— The second delay tactic addressed by By Mr. DAINES (for himself, Ms. (A) by striking ‘‘(3)(A)(i) Notwithstanding’’ the CREATES Act involves the devel- HEITKAMP, Mr. BARRASSO, and and all that follows through ‘‘any overpay- opment of shared safety protocols. For Mr. TESTER): ment under such program).’’; some high-risk drugs, Federal law re- S. 975. A bill to amend the Internal (B) by striking subparagraphs (C) and (D); Revenue Code of 1986 to permanently and quires a generic drug manufacturer to (C) by redesignating subparagraph (B) as join the brand-name drug manufac- extend the Indian coal production tax paragraph (3). turer in a single, shared safety protocol credit; to the Committee on Finance. (2) CONFORMING AMENDMENT.—Paragraph for distribution of the drug. Despite Mr. DAINES. Mr. President, I ask (5) of such section is amended by striking this requirement, some brand-name unanimous consent that the text of the ‘‘the Commissioner of Social Security and’’. companies are refusing to negotiate legislation to amend the Internal Rev- (c) EFFECTIVE DATE.—The amendments shared safety protocols with potential enue Code of 1986 to permanently ex- made by this section shall apply to any col- tend the Indian coal production tax lection by administrative offset occurring on generic competitors, again under- mining those competitors’ ability to credit be printed in the RECORD. or after the date of enactment of this Act of There being no objection, the text of a claim arising before, on, or after the date gain FDA approval for their generic of enactment of this Act. versions of such drugs. the bill was ordered to be printed in The revised version of the CREATES the RECORD, as follows: By Mr. LEAHY (for himself, Mr. Act also allows the FDA more discre- S. 975 GRASSLEY, Ms. KLOBUCHAR, Mr. tion to approve alternative safety pro- Be it enacted by the Senate and House of Rep- LEE, Mrs. FEINSTEIN, Mrs. tocols, rather than require parties to resentatives of the United States of America in MCCASKILL, Ms. COLLINS, Mr. develop shared safety protocols. Any Congress assembled, MCCAIN, Mr. BLUMENTHAL, Mr. safety protocol approved by the FDA SECTION 1. PERMANENT EXTENSION OF INDIAN COAL PRODUCTION TAX CREDIT. WHITEHOUSE, Mr. COTTON, and must meet the rigorous statutory (a) IN GENERAL.—Section 45(e)(10)(A) of the Mr. DURBIN): standards already in place. Internal Revenue Code of 1986 is amended by S. 974. A bill to promote competition These exclusionary practices thwart striking ‘‘per ton of Indian coal—’’ and all in the market for drugs and biological competition and deny consumers the that follows and inserting the following: products by facilitating the timely benefit of lower drug prices. I share the ‘‘per ton of Indian coal— entry of lower-cost generic and bio- concerns of Vermonters and Americans ‘‘(i) produced by the taxpayer at an Indian similar versions of those drugs and bio- across the country that many prescrip- coal production facility, and logical products; to the Committee on tion drugs are simply too expensive. ‘‘(ii) sold (either directly by the taxpayer the Judiciary. When brand companies can artificially or after sale or transfer to one or more re- Mr. LEAHY. Mr. President, over the raise the price of drugs by using preda- lated persons) to an unrelated person.’’. (b) EFFECTIVE DATE.—The amendment past few years, the national headlines tory practices, patients suffer. Illnesses made by this section shall apply to coal pro- have been dominated by stories about get worse. Families, government pro- duced and sold after January 1, 2017. the high cost of pharmaceuticals. We grams, and other payers in the have seen jaw-dropping examples, such healthcare system ultimately bear By Mr. CARDIN (for himself and as the unconscionable price increase those added, unnecessary costs. Mr. HELLER): overnight by Turing Pharmaceuticals This legislation is not a silver bullet S. 977. A bill to permit occupational of their drug for patients with HIV, to address all of the complex problems therapists to conduct the initial assess- from $13.50 to $750 per pill. driving the high costs of medications. ment visit and complete the com- Pharmaceutical companies should be In addition to the delayed entry of ge- prehensive assessment under a Medi- compensated for their important work neric drugs, I am troubled by the rising care home health plan of care for cer- developing lifesaving treatments. But cost of treatments for opioid overdoses, tain rehabilitation cases; to the Com- when companies engage in predatory which remain expensive for local law mittee on Finance. practices at the expense of consumers, enforcement agencies, even though Mr. CARDIN. Mr. President, I wish to we must act. That is why today I am there are generic competitors. In introduce the Medicare Home Health reintroducing the Creating and Restor- Vermont, many patients are grappling Flexibility Act of 2017. I am pleased ing Equal Access to Equivalent Sam- with the extremely high cost of a new that my colleague, the senior Senator ples, or CREATES, Act, bipartisan leg- drug for hepatitis C that will likely from Nevada, Mr. HELLER, has agreed islation to end inappropriate delay tac- have years of market exclusivity be- to cosponsor this bipartisan, no-cost tics that are used by some brand-name fore generic alternatives can be made. legislation that would allow occupa- drug manufacturers to block competi- Last year we learned the price of tional therapists to perform the initial tion from more affordable generic EpiPen had increased by almost 500 home health assessment visit and com- drugs. I am glad to be joined by Sen- percent since 2009, now costing roughly prehensive assessments in cases in

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.012 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2620 CONGRESSIONAL RECORD — SENATE April 27, 2017 which occupational therapy is ordered legislation would allow occupational (1) CREDIT ALLOWED FOR YEAR-ROUND EM- by the physician, along with speech therapists to conduct the initial home PLOYMENT.—Section 51(d)(7)(A) of the Inter- language pathology and/or physical health assessment visit and com- nal Revenue Code of 1986 is amended— therapy services, and skilled nursing prehensive assessments, it would not (A) by striking clauses (i) and (iii) and re- designating clauses (ii) and (iv) as clauses (i) care is not required. Our bill will help alter the existing criteria for estab- and (ii), respectively, ensure that Medicare beneficiaries re- lishing eligibility for the Medicare (B) in clause (i) (as so redesignated), by ceive timely access to essential home home health benefit. striking ‘‘(or if later, on May 1 of the cal- health therapy care. I urge my colleagues to join me and endar year involved),’’ and inserting ‘‘, and’’, Occupational therapists have long Senator HELLER and to support the and been recognized as a valuable compo- Medicare Home Health Flexibility Act (C) by adding at the end the following new nent of our Nation’s healthcare work- to correct the discrepancy in Medicare clause: force and a critical aspect of home regulations between therapy providers ‘‘(iii) who will be employed for not more than 20 hours per week during any period be- healthcare because of their focus on pa- and to help ensure timely access to es- tients’ functional capabilities and their tween September 16 and April 30 in which sential, high-quality home health ther- such individual is regularly attending any expertise in home safety. Physicians apy care for Medicare beneficiaries. secondary school.’’. frequently order occupational therapy Mr. President, I ask unanimous con- (2) INCREASE IN CREDIT AMOUNT.—Section as part of an initial plan of care for pa- sent that the text of the bill be printed 51(d)(7) of the Internal Revenue Code of 1986 tients requiring home health care, in the RECORD. is amended by striking subparagraph (B) and alongside the qualifying services of There being no objection, the text of by redesignating subparagraph (C) as sub- physical therapy, speech-language pa- the bill was ordered to be printed in paragraph (B). (3) CONFORMING AMENDMENTS.— thology, and skilled nursing. Under the RECORD, as follows: certain circumstances, an occupational (A) Subparagraph (F) of section 51(d)(1) of S. 977 the Internal Revenue Code of 1986 is amended therapist is allowed to perform the Be it enacted by the Senate and House of Rep- by striking ‘‘summer’’. comprehensive assessment to deter- resentatives of the United States of America in (B) Paragraph (7) of section 51(d) of such mine a Medicare beneficiary’s con- Congress assembled, Code is amended— tinuing need for home healthcare. How- SECTION 1. SHORT TITLE. (i) by striking ‘‘summer’’ each place it ap- ever, under current Medicare law, occu- This Act may be cited as the ‘‘Medicare pears in subparagraphs (A), pational therapists are not permitted Home Health Flexibility Act of 2017’’. (ii) in subparagraph (B), as redesignated by to conduct the initial assessment for SEC. 2. PERMITTING OCCUPATIONAL THERA- paragraph (2), by striking ‘‘subparagraph home health cases, even when occupa- PISTS TO CONDUCT THE INITIAL AS- (A)(iv)’’ and inserting ‘‘subparagraph SESSMENT VISIT AND COMPLETE (A)(ii)’’, and tional therapy is included in the physi- THE COMPREHENSIVE ASSESSMENT (iii) by striking ‘‘SUMMER’’ in the heading cian’s order and when the case is exclu- UNDER A MEDICARE HOME HEALTH thereof. sively related to rehabilitation ther- PLAN OF CARE FOR CERTAIN REHA- BILITATION CASES. (b) CREDIT FOR AT-RISK YOUTH.— apy. Additionally, occupational thera- (1) IN GENERAL.—Paragraph (1) of section (a) IN GENERAL.—Notwithstanding section pists are not allowed to complete the 484.55(a)(2) or 484.55(b)(3) of title 42, Code of 51(d) of the Internal Revenue Code of 1986 is comprehensive assessment unless occu- Federal Regulations, or any other provision amended by striking ‘‘or’’ at the end of sub- pational therapy is the qualifying serv- of law, an occupational therapist may be des- paragraph (I), by striking the period at the ice. ignated to conduct the initial assessment end of subparagraph (J) and inserting ‘‘, or’’ By permitting occupational thera- visit and to complete the comprehensive as- , and by adding at the end the following new subparagraph: pists to perform initial home health as- sessment for an individual who is eligible for home health services under title XVIII of the ‘‘(K) an at-risk youth.’’. sessment visits and comprehensive as- (2) AT-RISK YOUTH.—Paragraph (14) of sec- sessments in limited circumstances, Social Security Act if the referral order by the physician— tion 51(d) of such Code is amended to read as the Medicare Home Health Flexibility (1) does not include skilled nursing care; follows: Act can help prevent delays in the time (2) includes occupation therapy; and ‘‘(14) AT-RISK YOUTH.—The term ‘at-risk it takes for Medicare beneficiaries to (3) includes physical therapy or speech lan- youth’ means any individual who is certified receive essential home healthcare, es- guage pathology. by the designated local agency— ‘‘(A) as— pecially in underserved areas where ac- (b) RULE OF CONSTRUCTION.—Nothing in ‘‘(i) having attained age 16 but not age 25 cess to physical therapists and speech subsection (a) shall be construed to provide for initial eligibility for coverage of home on the hiring date, language pathologists may be limited. ‘‘(ii) as not regularly attending any sec- On January 13, 2017, the Centers for health services under title XVIII of the So- cial Security Act solely on the basis of a ondary, technical, or post-secondary school Medicare & Medicaid Services, or CMS, need for occupational therapy. during the 6-month period preceding the hir- released the final conditions of partici- ing date, pation, or COPs, for home health agen- By Mr. DURBIN (for himself and ‘‘(iii) as not regularly employed during such 6-month period, and cies participating in Medicare and Ms. DUCKWORTH): Medicaid. These new COPs expand the S. 983. A bill to amend the Internal ‘‘(iv) as not readily employable by reason of lacking a sufficient number of basic skills, content of the home health comprehen- Revenue Code of 1986 to modify the or sive assessment to include the pa- work opportunity credit for certain ‘‘(B) as— tient’s functional, psychosocial, and youth employees, and to extend em- ‘‘(i) having attained age 16 but not age 21 cognitive status, all of which are areas powerment zones; to the Committee on on the hiring date, and of expertise for occupational thera- Finance. ‘‘(ii) an eligible foster child (as defined in pists. The new COPs also require the Mr. DURBIN. Mr. President, I ask section 152(f)(1)(C)) who was in foster care creation of a patient-centered plan of unanimous consent that the text of the during the 12-month period ending on the hiring date.’’. care that is informed by the com- bill be printed in the RECORD. (c) EFFECTIVE DATE.—The amendments prehensive assessment. As a result of There being no objection, the text of made by this section shall apply to individ- their comprehensive education and the bill was ordered to be printed in uals who begin work for the employer after unique training, occupational thera- the RECORD, as follows: the date of the enactment of this Act. pists are qualified to perform the nec- S. 983 SEC. 3. EXTENSION OF EMPOWERMENT ZONES. essary assessments to adhere to these Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—Section 1391(d)(1)(A)(i) of new CMS home health guidelines. resentatives of the United States of America in the Internal Revenue Code of 1986 is amended It is important to note that the Congress assembled, by striking ‘‘December 31, 2016’’ and insert- Medicare Home Health Flexibility Act SECTION 1. SHORT TITLE. ing ‘‘December 31, 2019’’. would apply only to rehabilitation This Act may be cited as the ‘‘Helping to (b) TREATMENT OF CERTAIN TERMINATION therapy cases in which skilled nursing Encourage Real Opportunities (HERO) for DATES SPECIFIED IN NOMINATIONS.—In the care is not required. Nurses would still At-Risk Youth Act’’. case of a designation of an empowerment zone the nomination for which included a be required to conduct the initial as- SEC. 2. MODIFICATION AND EXTENSION OF WORK OPPORTUNITY CREDIT FOR CER- termination date which is contemporaneous sessment for all home health cases in TAIN YOUTH EMPLOYEES. with the date specified in subparagraph which skilled nursing care is ordered (a) EXPANSION OF CREDIT FOR SUMMER (A)(i) of section 1391(d)(1) of the Internal by the physician. Also, although the YOUTH.— Revenue Code of 1986 (as in effect before the

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enactment of this Act), subparagraph (B) of partial subsidy to offset costs of employing ‘‘(2) GOVERNMENT PARTNERSHIPS.—An enti- such section shall not apply with respect to an eligible youth under this subtitle. ty that is a State, local government, or In- such designation if, after the date of the en- ‘‘(7) TRIBAL AREA.—The term ‘tribal area’ dian tribe or tribal organization referred to actment of this section, the entity which means— in paragraph (1) shall demonstrate that the made such nomination amends the nomina- ‘‘(A) an area on or adjacent to an Indian entity has entered into a partnership with tion to provide for a new termination date in reservation; State, local, or tribal entities— such manner as the Secretary of the Treas- ‘‘(B) land held in trust by the United ‘‘(A) that shall include— ury (or the Secretary’s designee) may States for Indians; ‘‘(i) a local educational agency or tribal provide. ‘‘(C) a public domain Indian allotment; educational agency (as defined in section ‘‘(D) a former Indian reservation in Okla- 6132 of the Elementary and Secondary Edu- By Mr. DURBIN (for himself and homa; and cation Act of 1965 (20 U.S.C. 7452)); Ms. DUCKWORTH): ‘‘(E) land held by an incorporated Native ‘‘(ii) a local board or tribal workforce de- group, Regional Corporation, or Village Cor- S. 984. A bill to amend the Workforce velopment agency; poration under the provisions of the Alaska ‘‘(iii) a State, local, or tribal agency serv- Innovation and Opportunity Act to Native Claims Settlement Act (43 U.S.C. 1601 ing youth under the jurisdiction of the juve- provide funding, on a competitive et seq.). nile justice system or criminal justice sys- basis, for summer and year-round em- ‘‘(8) TRIBAL COLLEGE OR UNIVERSITY.—The ployment opportunities for youth ages term ‘tribal college or university’ has the tem; 14 through 24; to the Committee on meaning given the term ‘Tribal College or ‘‘(iv) a State, local, or tribal child welfare agency; Health, Education, Labor, and Pen- University’ in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ‘‘(v) a State, local, or tribal agency or com- sions. munity-based organization, with— Mr. DURBIN. Mr. President, I ask ‘‘(9) TRIBALLY DESIGNATED HOUSING ENTI- TY.—The term ‘tribally designated housing ‘‘(I) expertise in providing counseling serv- unanimous consent that the text of the entity’, used with respect to an Indian tribe ices, and trauma-informed and gender-re- bill be printed in the RECORD. (as defined in this section), has the meaning sponsive trauma prevention, identification, There being no objection, the text of given in section 4 of the Native American referral, and support (including treatment) the bill was ordered to be printed in Housing Assistance and Self-Determination services; and the RECORD, as follows: Act of 1996 (25 U.S.C. 4103). ‘‘(II) a proven track record of serving low- income vulnerable youth and out-of-school S. 984 ‘‘SEC. 176A. ALLOCATION OF FUNDS. youth; and Be it enacted by the Senate and House of Rep- ‘‘(a) ALLOCATION.—Of the funds appro- priated under section 176E that remain avail- ‘‘(vi) if the State, local government, or In- resentatives of the United States of America in able after any reservation under subsection dian tribe or tribal organization is seeking Congress assembled, (b), the Secretary may make available— an implementation grant, and has not estab- SECTION 1. SHORT TITLE. ‘‘(1) not more than $1,500,000,000 in accord- lished a summer youth employment pro- This Act may be cited as the ‘‘Creating ance with section 176B to provide eligible gram, an entity that is carrying out a State, Pathways for Youth Employment Act’’. youth with subsidized summer employment local, or tribal summer youth employment SEC. 2. YOUTH EMPLOYMENT OPPORTUNITIES. opportunities; and program; and Title I of the Workforce Innovation and ‘‘(2) not more than $2,000,000,000 in accord- ‘‘(vii) an employer or employer associa- Opportunity Act is amended— ance with section 176C to provide eligible tion; and (1) by redesignating subtitle E as subtitle youth with subsidized year-round employ- ‘‘(B) that may include— F; and ment opportunities. ‘‘(i) an institution of higher education or (2) by inserting after subtitle D the fol- ‘‘(b) RESERVATION.—The Secretary may re- tribal college or university; lowing: serve not more than 10 percent of the funds ‘‘(ii) a representative of a labor or labor- ‘‘Subtitle E—Youth Employment appropriated under section 176E to provide management organization; Opportunities technical assistance and oversight, in order ‘‘(iii) an entity that carries out a program to assist eligible entities in applying for and that receives funding under the Juvenile ‘‘SEC. 176. DEFINITIONS. administering grants awarded under this Justice and Delinquency Prevention Act of ‘‘In this subtitle: subtitle. 1974 (42 U.S.C. 5601 et seq.) or section 212 of ‘‘(1) ELIGIBLE YOUTH.—The term ‘eligible ‘‘SEC. 176B. SUMMER EMPLOYMENT COMPETI- the Second Chance Act of 2007 (42 U.S.C. youth’ means an individual who— TIVE GRANT PROGRAM. 17532); ‘‘(A) is not younger than age 14 or older ‘‘(a) IN GENERAL.— ‘‘(iv) a collaborative applicant as defined than age 24; and ‘‘(1) GRANTS.—Using the amounts made in section 401 of the McKinney-Vento Home- ‘‘(B) is— available under 176A(a)(1), the Secretary ‘‘(i) an in-school youth; less Assistance Act (42 U.S.C. 11360) or a pri- shall award, on a competitive basis, planning vate nonprofit organization that serves ‘‘(ii) an out-of-school youth; or and implementation grants. ‘‘(iii) an unemployed individual. homeless individuals and households (includ- ‘‘(2) GENERAL USE OF FUNDS.—The Sec- ing such an applicant or organization that ‘‘(2) HARDEST-TO-EMPLOY, MOST-AT-RISK.— retary shall award the grants to assist eligi- The term ‘hardest-to-employ, most-at-risk’, serves individuals or households that are at ble entities by paying for the program share risk of homelessness in tribal areas) or used with respect to an individual, includes of the cost of— serves foster youth; individuals who are homeless, in foster care, ‘‘(A) in the case of a planning grant, plan- ‘‘(v) an entity that carries out a program involved in the juvenile or criminal justice ning a summer youth employment program funded under the Carl D. Perkins Career and system, or are not enrolled in or at risk of to provide subsidized summer employment Technical Education Act of 2006 (20 U.S.C. dropping out of an educational institution opportunities; and 2301 et seq.), including Native American pro- and who live in an underserved community ‘‘(B) in the case of an implementation grams funded under section 116 of that Act that has faced trauma through acute or long- grant, implementation of such a program, to (20 U.S.C. 2326) and tribally controlled post- term exposure to substantial discrimination, provide such opportunities. historical or cultural oppression, intergen- ‘‘(b) PERIODS AND AMOUNTS OF GRANTS.— secondary career and technical institution erational poverty, civil unrest, a high rate of ‘‘(1) PLANNING GRANTS.—The Secretary programs funded under section 117 of that violence, or a high rate of drug overdose may award a planning grant under this sec- Act (20 U.S.C. 2327); mortality. tion for a 1-year period, in an amount of not ‘‘(vi) a local or tribal youth committee; ‘‘(3) INDIAN TRIBE; TRIBAL ORGANIZATION.— more than $200,000. ‘‘(vii) a State or local public housing agen- The terms ‘Indian tribe’ and ‘tribal organiza- ‘‘(2) IMPLEMENTATION GRANTS.—The Sec- cy or a tribally designated housing entity; tion’ have the meanings given the terms in retary may award an implementation grant and section 4 of the Indian Self-Determination under this section for a 3-year period, in an ‘‘(viii) another appropriate State, local, or and Education Assistance Act (25 U.S.C. amount of not more than $5,000,000. tribal agency. 5304). ‘‘(c) ELIGIBLE ENTITIES.— ‘‘(3) COMMUNITY-BASED ORGANIZATION PART- ‘‘(4) IN-SCHOOL YOUTH; OUT-OF-SCHOOL ‘‘(1) IN GENERAL.—To be eligible to receive NERSHIPS.—A community-based organization YOUTH.—The terms ‘in-school youth’ and a planning or implementation grant under referred to in paragraph (1) shall dem- ‘out-of-school youth’ have the meanings this section, an entity shall— onstrate that the organization has entered given the terms in section 129(a)(1). ‘‘(A) be a— into a partnership with State, local, or tribal ‘‘(5) INSTITUTION OF HIGHER EDUCATION.— ‘‘(i) State, local government, or Indian entities— The term ‘institution of higher education’ tribe or tribal organization, that meets the ‘‘(A) that shall include— has the meaning given the term in section requirements of paragraph (2); or ‘‘(i) a unit of general local government or 101 of the Higher Education Act of 1965 (20 ‘‘(ii) community-based organization that tribal government; U.S.C. 1001). meets the requirements of paragraph (3); and ‘‘(ii) an agency described in paragraph ‘‘(6) SUBSIDIZED EMPLOYMENT.—The term ‘‘(B) meet the requirements for a planning (2)(A)(i); ‘subsidized employment’ means employment or implementation grant, respectively, speci- ‘‘(iii) a local board or tribal workforce de- for which the employer receives a total or fied in paragraph (4). velopment agency;

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Perkins Career and Technical entity that— ‘‘(v) information demonstrating that the Education Act of 2006 (20 U.S.C. 2301 et seq.); ‘‘(i) is preparing to establish or expand a eligible entity has obtained commitments to ‘‘(bb) after school programs; summer youth employment program that provide the non-program share described in ‘‘(cc) secondary or postsecondary edu- meets the minimum requirements specified paragraph (2) of subsection (h). cation programs; in subsection (d); and ‘‘(B) With respect to an application for a ‘‘(dd) training programs; ‘‘(ii) has not received a grant under this planning grant— ‘‘(ee) cognitive behavior therapy programs; section. ‘‘(i) a description of the intermediate and ‘‘(ff) apprenticeship programs; and ‘‘(B) ENTITIES ELIGIBLE FOR IMPLEMENTA- long-term goals for planning activities for ‘‘(gg) national service programs; TION GRANTS.— the duration of the planning grant; ‘‘(III) employing a full-time, permanent ‘‘(i) IN GENERAL.—The Secretary may ‘‘(ii) a description of how grant funds will staff person who is responsible for youth out- award an implementation grant under this be used to develop a plan to provide summer reach, followup, and recruitment; or section to an eligible entity that— employment services for eligible youth; ‘‘(IV) connecting eligible youth with job ‘‘(I) has received a planning grant under ‘‘(iii) a description of how the eligible enti- development services, including career coun- this section; or ty will carry out an analysis of best prac- seling, resume and job application assist- ‘‘(II) has established a summer youth em- tices for identifying, recruiting, and engag- ance, interview preparation, and connections ployment program and demonstrates a min- ing program participants, in particular the to job leads; imum level of capacity to enhance or expand hardest-to-employ, most-at-risk eligible ‘‘(viii) evidence of the eligible entity’s ca- the summer youth employment program de- youth; pacity to provide the services described in scribed in the application submitted under ‘‘(iv) a description of how the eligible enti- this subsection; and subsection (d). ty will carry out an analysis of best prac- ‘‘(ix) a description of the quality of the ‘‘(ii) CAPACITY.—In determining whether an tices for placing youth participants— summer youth employment program, includ- entity has the level of capacity referred to in ‘‘(I) in opportunities that— clause (i)(II), the Secretary may include as ‘‘(aa) are appropriate subsidized employ- ing a program that leads to a recognized capacity— ment opportunities with employers based on postsecondary credential. ‘‘(I) the entity’s staff capacity and staff factors including age, skill, experience, ca- ‘‘(2) INDIAN TRIBE; TRIBAL ORGANIZATIONS.— training to deliver youth employment serv- reer aspirations, work-based readiness, and An eligible entity that is an Indian tribe or ices; and barriers to employment; and tribal organization and desires to receive a ‘‘(II) the entity’s existing youth employ- ‘‘(bb) may include additional services for grant under this section for a summer youth ment services (as of the date of submission of participants, including core work readiness employment program may, in lieu of submit- the application submitted under subsection skill development and mentorship services; ting the application described in paragraph (d)) that are consistent with the application. ‘‘(II) in summer employment that— (1), submit an application to the Secretary ‘‘(d) APPLICATION.— ‘‘(aa) is not less than 6 weeks; that meets such requirements as the Sec- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(bb) follows a schedule of not more than retary develops after consultation with the paragraph (2), an eligible entity desiring to 20 hours per week; and tribe or organization. receive a grant under this section for a sum- ‘‘(cc) pays not less than the applicable Fed- ‘‘(3) MENTOR.—For purposes of subpara- mer youth employment program shall sub- eral, State, or local minimum wage; and graphs (B)(iv), (B)(v), and (C)(iv) of para- mit an application to the Secretary at such ‘‘(v) a description of how the eligible entity graph (1), a mentor— time, in such manner, and containing such plans to develop a mentorship program or ‘‘(A) shall be an individual who has been information as the Secretary may require, connect youth with positive, supportive matched with an eligible youth based on the including, at a minimum, each of the fol- mentorships, consistent with paragraph (3). youth’s needs; lowing: ‘‘(C) With respect to an application for an ‘‘(B) shall make contact with the eligible ‘‘(A) With respect to an application for a implementation grant— youth at least once each week; planning or implementation grant— ‘‘(i) a description of how the eligible entity ‘‘(C) shall be a trusted member of the local ‘‘(i) a description of the eligible youth for plans to identify, recruit, and engage pro- community; and whom summer employment services will be gram participants, in particular the hardest- ‘‘(D) may include— provided; to-employ, most-at-risk eligible youth; ‘‘(i) a mentor trained in trauma-informed ‘‘(ii) a description of the eligible entity, ‘‘(ii) a description of the manner in which care (including provision of trauma-informed and a description of the expected participa- the eligible entity plans to place eligible trauma prevention, identification, referral, tion and responsibilities of each of the part- youth participants in subsidized employment or support services to youth that have expe- ners in the partnership described in sub- opportunities, and in summer employment, rienced or are at risk of experiencing trau- section (c); described in subparagraph (B)(iv); ma), conflict resolution, and positive youth ‘‘(iii) information demonstrating sufficient ‘‘(iii) (for a program serving the hardest- development; need for the grant in the State, local, or trib- to-employ, most-at-risk eligible youth), a de- ‘‘(ii) a job coach trained to provide youth al population, which may include informa- scription of workplaces for the subsidized with guidance on how to navigate the work- tion showing— employment involved, which may include place and troubleshoot problems; ‘‘(I) a high level of unemployment among workplaces in the public, private, and non- ‘‘(iii) a supervisor trained to provide at youth (including young adults) ages 14 profit sectors; least two performance assessments and serve through 24; ‘‘(iv) a description of how the eligible enti- as a reference; or ‘‘(II) a high rate of out-of-school youth; ty plans to provide or connect eligible youth ‘‘(iv) a peer mentor who is a former or cur- ‘‘(III) a high rate of homelessness; participants with positive, supportive rent participant in the youth employment ‘‘(IV) a high rate of poverty; mentorships, consistent with paragraph (3); program involved. ‘‘(V) a high rate of adult unemployment; ‘‘(v) a description of services that will be ‘‘(VI) a high rate of community or neigh- available to employers participating in the ‘‘(e) AWARDS FOR POPULATIONS AND borhood crime; youth employment program, to provide su- AREAS.— ‘‘(VII) a high rate of violence; or pervisors involved in the program with ‘‘(1) POPULATIONS.—The Secretary shall re- ‘‘(VIII) a high level or rate on another indi- coaching and mentoring on— serve, from the amounts made available cator of need; ‘‘(I) how to support youth development; under section 176A(a)(1)—

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‘‘(A) 50 percent to award grants under this ‘‘(C) NON-PROGRAM SHARE.—The eligible en- ‘‘(C) With respect to an application for an section for planning or provision of sub- tity may provide the non-program share of implementation grant, the descriptions and sidized summer employment opportunities the cost— evidence specified in section 176B(d)(1)(C)— for in-school youth; and ‘‘(i) in cash or in kind, fairly evaluated, in- ‘‘(i) except that the reference in section ‘‘(B) 50 percent to award such grants to cluding plant, equipment, or services; and 176(d)(1)(C)(ii) to employment described in plan for planning or provision of such oppor- ‘‘(ii) from State, local, tribal or private section 176B(d)(1)(B) shall cover employment tunities for out-of-school youth. (including philanthropic) sources and, in the that follows the schedule described in sub- ‘‘(2) AREAS.— case of an Indian tribe or tribal organization, paragraph (B); and ‘‘(A) IN GENERAL.—In awarding the grants, from Federal sources. ‘‘(ii) except that the reference to programs the Secretary shall consider the regional di- in clause (vii)(II)(aa) of that section shall be ‘‘SEC. 176C. YEAR-ROUND EMPLOYMENT COM- versity of the areas to be served, to ensure PETITIVE GRANT PROGRAM. considered to refer only to programs funded that urban, suburban, rural, and tribal areas under the Carl D. Perkins Career and Tech- are receiving grant funds. ‘‘(a) IN GENERAL.— nical Education Act of 2006 (20 U.S.C. 2301 et ‘‘(B) RURAL AND TRIBAL AREA INCLUSION.— ‘‘(1) GRANTS.—Using the amounts made seq.). ‘‘(i) RURAL AREAS.—Not less than 20 per- available under 176A(a)(2), the Secretary ‘‘(2) INDIAN TRIBE; TRIBAL ORGANIZATIONS.— cent of the amounts made available under shall award, on a competitive basis, planning An eligible entity that is an Indian tribe or section 176A(a)(1) for each fiscal year shall and implementation grants. tribal organization and desires to receive a be made available for activities to be carried ‘‘(2) GENERAL USE OF FUNDS.—The Sec- grant under this section for a year-round out in rural areas. retary shall award the grants to assist eligi- youth employment program may, in lieu of ‘‘(ii) TRIBAL AREAS.—Not less than 5 per- ble entities by paying for the program share submitting the application described in para- cent of the amounts made available under of the cost of— graph (1), submit an application to the Sec- section 176A(a)(1) for each fiscal year shall ‘‘(A) in the case of a planning grant, plan- retary that meets such requirements as the be made available for activities to be carried ning a year-round youth employment pro- Secretary develops after consultation with out in tribal areas. gram to provide subsidized year-round em- the tribe or organization. ‘‘(f) PROGRAM PRIORITIES.—In allocating ployment opportunities; and ‘‘(3) MENTOR.—For purposes of paragraph funds under this section, the Secretary shall ‘‘(B) in the case of an implementation (1), any reference in subparagraphs (B)(iv), give priority to eligible entities— grant, implementation of such a program to (B)(v), and (C)(iv) of section 176B(d)(1) to a ‘‘(1) who propose to coordinate their activi- provide such opportunities. mentor shall be considered to refer to a men- ties— ‘‘(b) PERIODS AND AMOUNTS OF GRANTS.— tor who— ‘‘(A) with local or tribal employers; and The planning grants shall have the periods ‘‘(A) shall be an individual described in ‘‘(B) with agencies described in subsection and amounts described in section 176B(b)(1). subparagraphs (A) and (C) of section (c)(2)(A)(i) to ensure the summer youth em- The implementation grants shall have the 176B(d)(3); ployment programs provide clear linkages to periods and grants described in section ‘‘(B) shall make contact with the eligible remedial, academic, and occupational pro- 176B(b)(2). youth at least twice each week; and grams carried out by the agencies; ‘‘(C) may be an individual described in sec- ‘‘(c) ELIGIBLE ENTITIES.— ‘‘(2) who propose a plan to increase private tion 176B(d)(3)(D). ‘‘(1) IN GENERAL.—To be eligible to receive sector engagement in, and job placement ‘‘(4) YEAR-ROUND EMPLOYMENT.—For pur- a planning or implementation grant under through, summer youth employment; and poses of this subsection, any reference in sec- this section, an entity shall, except as pro- ‘‘(3) who have, in their counties, States, or tion 176B(d)— vided in paragraph (2)— tribal areas (as compared to other counties ‘‘(A) to summer employment shall be con- ‘‘(A) be a— in their State, other States, or other tribal sidered to refer to year-round employment; ‘‘(i) State, local government, or Indian areas, respectively), a high level or rate de- and tribe or tribal organization, that meets the scribed in subsection (d)(1)(A)(iii). ‘‘(B) to a provision of section 176B shall be requirements of section 176B(c)(2); or ‘‘(g) USE OF FUNDS.— considered to refer to the corresponding pro- ‘‘(ii) community-based organization that ‘‘(1) IN GENERAL.—An eligible entity that vision of this section. meets the requirements of section 176B(c)(3); receives a grant under this section may use ‘‘(e) AWARDS FOR POPULATIONS AND AREAS; and the grant funds for services described in sub- PRIORITIES.— ‘‘(B) meet the requirements for a planning section (d). ‘‘(1) POPULATIONS.—The Secretary shall re- ‘‘(2) DISCRETIONARY USES.—The eligible en- or implementation grant, respectively, speci- serve, from the amounts made available tity may also use the funds— fied in section 176B(c)(4). under section 176A(a)(2)— ‘‘(A) to provide wages to eligible youth in ‘‘(2) YEAR-ROUND YOUTH EMPLOYMENT PRO- ‘‘(A) 50 percent to award grants under this subsidized summer employment programs; GRAMS.—For purposes of paragraph (1), any section for planning or provision of sub- ‘‘(B) to provide eligible youth with support reference in section 176B(c)— sidized year-round employment opportuni- services, including case management, child ‘‘(A) to a summer youth employment pro- ties for in-school youth; and care assistance, child support services, and gram shall be considered to refer to a year- ‘‘(B) 50 percent to award such grants to transportation assistance; and round youth employment program; and plan for planning or provision of such oppor- ‘‘(C) to develop data management systems ‘‘(B) to a provision of section 176B shall be tunities for out-of-school youth. considered to refer to the corresponding pro- to assist with programming, evaluation, and ‘‘(2) AREAS; PRIORITIES.—In awarding the records management. vision of this section. grants, the Secretary shall— ‘‘(3) ADMINISTRATION.—An eligible entity ‘‘(d) APPLICATION.— ‘‘(A) carry out section 176B(e)(2); and may reserve not more than 10 percent of the ‘‘(1) IN GENERAL.—Except as provided in ‘‘(B) give priority to eligible entities— grant funds for the administration of activi- paragraph (2), an eligible entity desiring to ‘‘(i) who— ties under this section. receive a grant under this section for a year- ‘‘(I) propose the coordination and plan de- ‘‘(4) CARRY-OVER AUTHORITY.—Any amounts round youth employment program shall sub- scribed paragraphs (1) and (2) of section provided to an eligible entity under this sec- mit an application to the Secretary at such 176B(f), with respect to year-round youth em- tion for a fiscal year may, at the discretion time, in such manner, and containing such ployment; and of the Secretary, remain available to that information as the Secretary may require, ‘‘(II) meet the requirements of section entity for expenditure during the succeeding including, at a minimum, each of the fol- 176B(f)(3); or fiscal year to carry out programs under this lowing: ‘‘(ii) who— section. ‘‘(A) With respect to an application for a ‘‘(I) propose a plan to coordinate activities ‘‘(h) PROGRAM SHARE.— planning or implementation grant, the infor- with entities carrying out State, local, or ‘‘(1) PLANNING GRANTS.—The program share mation and descriptions specified in section tribal summer youth employment programs, for a planning grant awarded under this sec- 176B(d)(1)(A). to provide pathways to year-round employ- tion shall be 100 percent of the cost described ‘‘(B) With respect to an application for a ment for eligible youth who are ending sum- in subsection (a)(2)(A). planning grant, the descriptions specified in mer employment; and ‘‘(2) IMPLEMENTATION GRANTS.— section 176B(d)(1)(B), except that the descrip- ‘‘(II) meet the requirements of section ‘‘(A) IN GENERAL.—The program share for tion of an analysis for placing youth in em- 176B(f)(3). an implementation grant awarded under this ployment described in clause (iv)(II)(bb) of ‘‘(f) USE OF FUNDS.—An eligible entity that section shall be 50 percent of the cost de- that section shall cover employment that receives a grant under this section may use scribed in subsection (a)(2)(B). follows a schedule— the grant funds— ‘‘(B) EXCEPTION.—Notwithstanding sub- ‘‘(i) that consists of— ‘‘(1) for services described in subsection (d); paragraph (A), the Secretary— ‘‘(I) not more than 15 hours per week for ‘‘(2) as described in section 176B(g)(2), with ‘‘(i) may increase the program share for an in-school youth; and respect to year-round employment programs; eligible entity; and ‘‘(II) not less than 20 and not more than 40 ‘‘(3) as described in section 176B(g)(3), with ‘‘(ii) shall increase the program share for hours per week for out-of-school youth; and respect to activities under this section; and an Indian tribe or tribal organization to not ‘‘(ii) that depends on the needs and work- ‘‘(4) at the discretion of the Secretary, as less than 95 percent of the cost described in readiness level of the population being described in section 176B(g)(4), with respect subsection (a)(2)(B). served. to activities under this section.

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.026 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2624 CONGRESSIONAL RECORD — SENATE April 27, 2017 ‘‘(g) PROGRAM SHARE.— the eligible entity for such program years the country, we are seeing the impacts ‘‘(1) PLANNING GRANTS.—The provisions of and shall be incorporated into the applica- of the warmer climate, and it is having section 176B(h)(1) shall apply to planning tion prior to the approval of such applica- devastating consequences on our for- grants awarded under this section, with re- tion. ests, on our farming, on our fishing, spect to the cost described in subsection ‘‘(b) ANNUAL REVIEW.—The Secretary shall (a)(2)(A). carry out an annual review of each eligible and on our urban populations. ‘‘(2) IMPLEMENTATION GRANTS.—The provi- entity receiving a grant under this subtitle. Years ago, people talked about what sions of section 176B(h)(2) shall apply to im- In conducting the review, the Secretary shall we might see if we continued to burn plementation grants awarded under this sec- review the performance of the entity on the fossil fuels and continued to put carbon tion, with respect to the cost described in performance measures under this section and dioxide into the air, but no longer do subsection (a)(2)(B). determine if the entity has used any prac- we have to talk about what we might tices that shall be considered best practices ‘‘SEC. 176D. EVALUATION AND ADMINISTRATION. see, because it is here. The facts are on ‘‘(a) PERFORMANCE MEASURES.— for purposes of this subtitle. ‘‘(c) REPORT TO CONGRESS.— the ground right now. ‘‘(1) ESTABLISHMENT.—The Secretary shall establish performance measures for purposes ‘‘(1) PREPARATION.—The Secretary shall We can look at my home State of Or- of annual reviews under subsection (b). prepare a report on the grant programs es- egon. In Oregon, we have the challenge tablished by this subtitle, which report shall ‘‘(2) COMPONENTS.—The performance meas- of forest fire seasons that are longer by ures for the eligible entities shall consist include a description of— several months than they were just of— ‘‘(A) the eligible entities receiving funding decades ago. We have the challenge of under this subtitle; ‘‘(A) the indicators of performance de- warmer winters, resulting in pine bee- scribed in paragraph (3); and ‘‘(B) the activities carried out by the eligi- ble entities; tles doing more damage to our trees. ‘‘(B) an adjusted level of performance for The fact that we have lower snowpacks each indicator described in subparagraph (A). ‘‘(C) how the eligible entities were selected to receive funding under this subtitle; and ‘‘(3) INDICATORS OF PERFORMANCE.— in the Cascade Mountains means warm- ‘‘(D) an assessment of the results achieved ‘‘(A) IN GENERAL.—The indicators of per- er trout streams and less water for irri- formance shall consist of— by the grant programs including findings gation. We have had the worst-ever ‘‘(i) the percentage of youth employment from the annual reviews conducted under droughts in the Klamath Basin in the program participants who are in education subsection (b). past 15 years. Over on the coast, we ‘‘(2) SUBMISSION.—Not later than 3 years or training activities, or in employment, have a big impact on oysters. Because during the second quarter after exit from the after the date of enactment of the Creating Pathways for Youth Employment Act, and we have burned so much in fossil fuels program; to create so much carbon dioxide that ‘‘(ii) the percentage of youth employment annually thereafter, the Secretary shall sub- program participants who are in education mit a report described in paragraph (1) to the has been absorbed by the oceans and or training activities, or in employment, appropriate committees of Congress. turned into carbonic acid, the oceans during the fourth quarter after exit from the ‘‘(d) APPLICATION TO INDIAN TRIBES AND have acidified. They are 30 percent program; TRIBAL ORGANIZATIONS.—The Secretary may more acidic than they were 150 years ‘‘(iii) the percentage of youth employment issue regulations that clarify the application of all the provisions of this subtitle to Indian ago, meaning our oysters are having program participants who obtain a recog- trouble reaching out and pulling the nized postsecondary credential, or a sec- tribes and tribal organizations. ‘‘SEC. 176E. AUTHORIZATION OF APPROPRIA- molecules out of the water to form a ondary school diploma or its recognized shell. In fact, it takes so much energy equivalent (subject to subparagraph (B)), TIONS. during participation in or within 1 year after ‘‘There are authorized to be appropriated— to do so that they are dying. exit from the program; and ‘‘(1) to carry out section 176B, $300,000,000 That is what is happening. That is ‘‘(iv) the percentage of youth employment for each of fiscal years 2018 through 2022; and just in Oregon. We can look across the program participants who, during a program ‘‘(2) to carry out section 176C, $400,000,000 United States and see impact after im- for each of fiscal years 2018 through 2022.’’. year, are in a youth employment program pact. SEC. 3. CONFORMING AMENDMENTS. that includes an education or training pro- If we were in Minnesota, we could gram that leads to an outcome specified by (a) REFERENCES.— the Secretary, which may include— (1) Section 121(b)(1)(C)(ii)(II) of the Work- talk about the tick populations that ‘‘(I) obtaining a recognized postsecondary force Investment and Opportunity Act (29 are killing the moose because it is not credential or employment; or U.S.C. 3152(b)(1)(C)(ii)(II)) is amended by cold enough in the winter to kill the ‘‘(II) achieving measurable skill gains to- striking ‘‘subtitles C through E’’ and insert- ticks. If we are in Maine, we can talk ward such a credential or employment. ing ‘‘subtitles C through F’’. about the fact that the lobsters are mi- ‘‘(B) INDICATOR RELATING TO CREDENTIAL.— (2) Section 503(b) of such Act (29 U.S.C. grating to Canada because that is For purposes of subparagraph (A)(iii), youth 3343(b)) is amended by inserting before the period the following: ‘‘(as such subtitles were where the colder waters can be found. employment program participants who ob- If we are in Florida, we can talk about tain a secondary school diploma or its recog- in effect on the day before the date of enact- nized equivalent shall be included in the per- ment of this Act)’’. sunny day floods, because the ocean centage counted as meeting the criterion (b) TABLE OF CONTENTS.—The table of con- levels have risen and the ocean water— under such subparagraph only if such par- tents in section 1(b) of such Act is amended the saltwater—is contaminating the ticipants, in addition to obtaining such di- by striking the item relating to the subtitle freshwater that cities depend on. If we ploma or its recognized equivalent, have ob- heading for subtitle E of title I and inserting are up the Atlantic coast, we can talk the following: tained or retained employment or are in a about Hurricane Sandy and how its youth employment program that includes an ‘‘Subtitle E—Youth Employment devastating power was enhanced by an Opportunities education or training program leading to a ocean that is much warmer than it was recognized postsecondary credential within 1 ‘‘Sec. 176. Definitions. year after exit from the program. ‘‘Sec. 176A. Allocation of funds. decades ago. If we are in Texas, we can ‘‘(4) LEVELS OF PERFORMANCE.— ‘‘Sec. 176B. Summer employment competi- talk about the spread of mosquitoes ‘‘(A) IN GENERAL.—For each eligible entity, tive grant program. that carry the Zika virus affecting there shall be established, in accordance ‘‘Sec. 176C. Year-round employment com- folks. So the list goes on and on. But it with this paragraph, levels of performance petitive grant program. is not just in the United States of for each of the corresponding indicators of ‘‘Sec. 176D. Evaluation and administration. America. It is on the entire planet. ‘‘Sec. 176E. Authorization of appropria- performance described in paragraph (3). As we are talking about oysters on ‘‘(B) IDENTIFICATION IN APPLICATION.—Each tions.’’. eligible entity shall identify, in the applica- the west coast of the United States, tion submitted under subsection (d) of sec- By Mr. MERKLEY (for himself, across the globe folks are talking tion 176B or 176C, expected levels of perform- Mr. SANDERS, Mr. MARKEY, and about coral reefs. The Great Barrier ance for each of those indicators of perform- Mr. BOOKER): Reef has virtually died over the last ance for each program year covered by the S. 987. A bill to transition away from few years. Scientists say 80 percent of application. fossil fuel sources of energy to 100 per- the Great Barrier Reef off Australia ‘‘(C) AGREEMENT ON ADJUSTED LEVELS OF cent clean and renewable energy by has died in the last 3 years. If we are PERFORMANCE.—The eligible entity shall looking at the mountainous regions of reach agreement with the Secretary on lev- 2050, and for other purposes; to the els of performance for each of those indica- Committee on Finance. the world, you can trace the flow of tors of performance for each such program Mr. MERKLEY. Mr. President, today glaciers and find that across the globe year. The levels agreed to shall be considered I rise to address the important urgency glaciers have diminished by an enor- to be the adjusted levels of performance for of addressing climate change. Across mous amount. Some say that if you

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.026 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2625 want to see a glacier in Glacier Na- floor to say that today a group of Sen- One important element of achieving tional Park, you better get there soon. ators are introducing a bill to lay out this vision is greening the grid. That That is just in the United States. a roadmap to get there. means that we need to phase out elec- If we turn north to the upper reaches Just as President Kennedy laid out tricity that is generated by fossil fuels. of Canada and the permafrost, you can the vision of putting an American on We need to invest in clean and renew- visit what are called the drunken for- the moon, NASA went to work and laid able energy that puts green electrons ests, because the permafrost is melting out a plan on how we would get there. in the grid instead, and we need to ad- and the trees are starting to lean in They didn’t know at first how it would vance and develop the deployment of every which direction. If you turn to be done. They hadn’t proceeded to in- technologies that contribute to this, Alaska, you are finding that Native vent the staged rocket that would en- including high-voltage transmission populations are having to relocate be- able someone to escape the gravity of lines that will move energy between cause of changing circumstances of a Earth in a fashion to get us to the different parts of the United States. We warmer Alaska. moon. They didn’t know how to create certainly need to develop the ability to Go to the Arctic Ocean and what you a lunar landing operation to put people store electricity and to use automated see is a massive amount of missing ice, safely on the planet surface. They demand management and automated and, because that ice is missing, the weren’t even sure of the composition of supply management so we can match ocean is absorbing more energy from the surface of the moon, but they fig- the supply of green energy to the de- the sun, and it is creating a feedback ured it out. They put forward a draft. mand at different times of the day or loop that is having further devastating They reworked that draft. just the demand of different times of consequences. And so the list goes on Today we are putting forth a road- the day to make renewable energy fit and on. map. I thank my colleagues who are to the operation of the economy. It is not just time to address climate standing with me today to be the origi- Now, we have some specific powerful change boldly. It is time to address it nal cosponsors: Senator BERNIE SAND- gifts in this effort. One is that we have aggressively. It is time for 100 by 50. ERS of Vermont, Senator ED MARKEY of a dramatically declining cost of solar Massachusetts, and Senator CORY What that means is 100 percent clean energy. A second is that we have a dra- BOOKER of New Jersey. I know other and renewable energy to power the matically declining cost in wind en- colleagues will join us as time pro- economy by the year 2050 and the steps ergy. A third is that we have a dra- gresses, but it is important not to wait to get there in between and to have 50 matically declining cost of battery until we have, if you will, a large popu- percent of our energy clean and renew- storage. This isn’t an accident. This lation to begin the conversation—a able by the year 2030. That is not far has happened because of the innovation large set of sponsors to begin the con- away. That is just 13 years away, and economy where these ideas were devel- versation of laying out a roadmap. It is for 2050, add another 20 years. oped and promoted and researched and important to lay it out now. It is im- We have to act quickly because right advanced right here in the United portant to lay it out now because it is now human civilization is failing the States of America. But it really helps a statement of values. It is important test. Our responsibility is to stop burn- change the conversation. There have to lay it out now so that there is a vi- been many who are deeply invested in ing fossil fuels and to stop putting car- sion that can be discussed—a detailed the fossil fuel world who would like to bon dioxide into the atmosphere. That vision of how to take on different sec- say that advancing to a clean and re- is why we have to rapidly transition tors of the energy economy that can be newable energy economy will hurt the from an energy economy based on fos- discussed and debated. sil fuels to one based on clean and re- So we are focused not on whether to economy. But now we are coming to newable energy. get to 100 by 50, but on how we are the point that it is less expensive to Why do I say we are failing the test going to get to 100 by 50. I invite and generate renewable energy than to gen- at the moment? We are failing the test encourage that debate because each of erate fossil fuel energy. The fact is because if you look at the flow of car- us can envision a roadmap that is that we can create a tremendous num- bon dioxide into the atmosphere from slightly different. So let’s have that ber of jobs as we rebuild this energy human civilization, the rate of carbon conversation, but let’s not forget the economy. dioxide pollution has not leveled out. importance of getting to this destina- If we turn specifically to the issue of In fact, the speed of pollution and the tion—100 percent clean, renewable en- a Federal emissions vehicle standard— amount of pollution per year is in- ergy—and getting thereby the year because that is one of the pieces of this creasing. So we have a tremendous 2050. puzzle—it means that we have to make challenge ahead of us. We have to take Yes, it is audacious when you think national investments in electrical re- and not only reduce the amount but re- about how we use energy today, to charging stations along our roads and duce it enormously in a short period of think about how we can transform it in highways to support these vehicles. time. just a few decades, but we have many There are already half a million plug- Now some say this vision is too bold. of the tools we need right now. With fo- in electric vehicles on our roads today, Some say this vision is too difficult, cused research and development, we and these vehicles—these cars—are be- that it is too hard. It makes me think can add the other tools that we need. coming cheaper as the numbers con- of President Kennedy’s call. He said Let us not fail to accept this chal- tinue to grow. decades ago: lenge, because our planet is crying out One of the factors that is enabling We choose to go to the moon in this decade in anguish. In addition to the facts on the car to become cheaper is the drop- and do other things, not because they are the ground that I have been men- ping cost of lithium in the batteries easy, but because they are hard. Because tioning, we can simply take the tem- that power them. They are getting that challenge is one that we are willing to perature of the planet. Month after smaller, lighter, and cheaper. So in the accept, one we are unwilling to postpone, month after month, year after year, in same space you can put more energy and one which we intend to win. the past 2 years we have been setting with less weight to drive cars further. I tell you today that we must, as a new records for having the hottest Since 2008, the cost of these batteries Nation, be willing to accept the chal- month—not the hottest month in per kilowatt hour has fallen fourfold. lenge of transforming our energy econ- Washington, DC, not the hottest month They will continuously grow. Having omy. We must be unwilling to postpone in the United States of America but more of these cars on our roads and our tackling this challenge of transforming the hottest March in the history of the highways as the costs keep falling, it is our energy economy, and this chal- planet, the hottest April since we have vital that we have an infrastructure in lenge is one where we must be com- been measuring the temperature of the place to support them. mitted to winning. It is not just time. planet—May, June, and so on and so We need to ensure that everyone is It is way past time. forth. part of this clean and renewable energy I came to the Senate floor last Sep- So the time for conversing about resolution, including low-income and tember to lay out the concept of 100 by whether we have a problem is over. disadvantaged communities. We ad- 50—100 percent clean, renewable energy Now is the time to say how we will dressed that in the 100 by 50 legisla- by 2050. I come today to the Senate achieve this vision. tion. To do this, we established grants

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.045 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2626 CONGRESSIONAL RECORD — SENATE April 27, 2017 to bring affordable clean energy and To fund this plan, we propose a new that, maybe they are going to say that energy efficiency to individuals’ homes source of revenue. When I say a ‘‘new we have to revamp our fleet of vehicles and communities. We invest in zero source of revenue,’’ that is a little mis- and start using rechargeable vehicles, emission public transportation that is leading because we are taking a cue like the Volt or the Bolt or the LEAF affordable and accessible. We also want from history, specifically World War II, or a whole set of cars that has been ap- to ensure that no workers are left be- and modeling bonds—climate bonds— pearing in the economy over the last hind in this transformation, especially on the war bonds that helped fund our few years. One can charge them up and, the workers in the fossil fuel industry. fight against totalitarianism—to fund thereby, run them off green electrons That is why we need to provide a just our fight against Germany and the So- rather than off fossil fuels. transition for those workers and job viet Union. Auctioning off climate These are things that can be owned training programs. We need to have a bonds is a way to raise the funds to and done. In fact, it is already hap- strategy to ensure that there are op- drive the grants to power this trans- pening. It is happening with local orga- portunities to move from jobs in the formation—to accelerate this trans- nizations across this country that are fossil fuel world to positions in the formation—and make sure that we do committing themselves to 100 percent clean and renewable energy industry. not leave out disadvantaged commu- clean and renewable energy. More than Those industries are, in fact, booming, nities but, rather, bring them fully 25 cities across the country have al- with jobs in solar and wind growing 12 into this transition. The 100 by 50 Act ready adopted this vision—from Madi- times faster than the rest of the U.S. is ambitious, but the circumstances re- son, WI, to Abita Springs, LA; from economy. Already, the number of clean quire no less. San Diego, CA, to Salt Lake City, UT; and renewable industry jobs has sur- Furthermore, we cannot, simply, pro- from Georgetown, TX, to Greensburg, passed those in the fossil fuel industry pose a Federal Government strategy KS—cities that are working toward a by a margin of 5 to 1. because we live in the United States of 100 percent clean and renewable future. We want to enable everyone to have America, where important things are There are 88 major businesses that are the skills they need to succeed in these done at many different levels. Here in getting in on the action as well— emerging industries, but to move to this Chamber—right now in the U.S. Walmart, Johnson & Johnson, Procter this future, we must come to a point at Senate—we do not have a committee & Gamble, Nike, Coca-Cola, General which we stop investing in new fossil chair who is going to say that we need Motors, and Apple. These are only a fuel infrastructure. We cannot proceed to have committee hearings in order to few of the major companies that have to make this pivot quickly to a clean- take on this issue. We do not have a committed to powering themselves er, brighter, renewable future if we committee chair on the House side who with 100 percent clean and renewable continue to tie ourselves and our gov- is going to drive this conversation. We energy. ernment to a fossil fuel-powered past. do not have a President who under- What is driving this move toward To achieve this clean break, the 100 by stands the damage that is being done clean and renewable energy? It is that 50 Act ends future fossil fuel invest- to our forests and our fishing and our Americans everywhere are seeing the ments at the Federal level. That would farming and to our planet and who is effects on the ground. They are calling affect projects similar to the Keystone going to lead the battle. for action, and community leaders and XL Pipeline and the Dakota Access We have to turn to the wisdom of the business leaders are responding. We Pipeline, and we would end the tax sub- American people. We have to turn to need to respond here in the U.S. Sen- sidies for the fossil fuel industry. the wisdom of the States and the wis- ate. We should be holding hearings on This burning of fossil fuels is de- dom of the counties and the wisdom of how to put this plan into action. We stroying our planet. We must stop sub- the cities and the wisdom of individ- should be taking the best ideas from sidizing the destruction of our planet. uals across America who are willing to the city actions and the business ac- This burning of fossil fuels is destroy- ing our forests, which our rural com- go to the leadership of their mosques tions and the nonprofit actions from munities depend on. We must stop sub- or the leadership of their temples or across the country and from the ideas sidizing the destruction of our forests. the leadership of their churches, who generated on the right side of the aisle The burning of these fossil fuels is driv- are willing to go to the leadership of and the left side of the aisle because ing droughts, reducing irrigation nonprofits that they are a part of, who the destruction we face—the threat we water, and hurting our farmers. We are willing to go to their city councils face—is not a blue issue or a red issue; must quit subsidizing the destruction or their county commissions, who are it is a human civilization issue. of agriculture in America. The burning willing to go to their State legislators. America has been a driver of the of fossil fuels is also impacting our They are going to say that we need to technology that can transform our fishing—from warmer, smaller trout have a 100 by 50 resolution for our non- economy and also the technology that streams to a fishing industry that de- profits, for our religious organizations, we can sell to the world. In adopting pends on the critical ecosystem in the for our cities, for our counties, for our this vision and in fighting for this vi- ocean. We must stop subsidizing the de- States because we need to own this sion, America can be a leader with struction of our fishing industry. issue. We Americans at every level other nations around the world. It has It is also important to make sure need to own this issue. This is an issue been beyond strange to have other that America remains a leader in the that depends upon citizens across the countries lecture us over the last few energy economy and leads in the effort globe taking hold of this in a powerful months to maintain our commitment to make sure that we do not have a dis- way that cannot be blocked by the as a Federal Government to this vision. advantage with regard to manufac- dark money of the fossil fuel industry. Other countries are saying: America, turing in other countries. What that In so doing, by passing that 100 by 50 you have to be part of the solution. means is that, with regard to countries resolution for the city or the nonprofit You have benefited enormously from that are not pursuing this on the same or the church or the mosque or the syn- the burning of fossil fuels, perhaps aggressive level, we need to have an ef- agogue or the temple, we will also more than any other economy in the fort to drive this transaction. We need adopt an action plan that involves the world. You have one of the highest per to make sure that if there are addi- specific steps that local organizations capita footprints for carbon. You must tional costs, those are offset with a are going to take over the next 2 to 3 be part of this effort because every border tax so that we do not encourage years. This year, maybe they are going country in the world is affected. the movement of production out of our to convert their hot water heaters to More than 40 countries have now economy here at home. We have done electrons rather than burning natural adopted the vision of clean and renew- so with trade policy—in a massively gas. Maybe they are going to sign up able energy, so there is no time for destructive way—to the middle class of for green electrons from their local America to step out and not be part of America. If we do not make things in utilities, which is an option that is of- the solution, not be part of the leader- America, we will not have a middle fered in many places across America. ship, not be part of the driving force, class in America, and we need to make The following year, maybe they are not benefit from being on the cutting sure that we do not do that in the tran- going to invest in energy-saving retro- edge of this transformation of the en- sition of our energy economy. fits of their buildings. The year after ergy economy.

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.046 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2627 Just as President Kennedy laid out (1) search and rescue dogs; Whereas, according to the 2016 Consumer the vision for going to the Moon, (2) service dogs; Financial Literacy Survey final report of the Americans from every walk are coming (3) disease detection dogs; National Foundation for Credit Counseling— together to lay out the vision for a 100 (4) police dogs; (1) approximately 44 percent of adults in (5) conservation dogs; the United States gave themselves a grade of percent clean and renewable energy (6) livestock guardians; ‘‘C’’, ‘‘D’’, or ‘‘F’’ on their knowledge of per- economy. They are adopting a frame- (7) therapy dogs; and sonal finance; work—a time, a goal—as to where we (8) companions and guardians of families, (2) 75 percent of adults in the United States are going and when we are getting homes, and property; acknowledged that they could benefit from there; 100 by 50 sums it up. Whereas purebred dogs provide unparal- additional advice and answers to everyday fi- After President Kennedy laid out the leled service to the disabled as guide and nancial questions from a professional; vision, America went to work to make service dogs, and are the choice of leading (3) 22 percent of adults in the United it happen, and we landed American service dog breeding programs because of the States, or approximately 51,600,000 individ- citizens on the Moon. Now it is time heritable intelligence, and desirable and pre- uals, admitted to not paying bills on time; dictable qualities, of purebred dogs; (4) 1 in 3 households reported carrying for all of America to get to work and Whereas purebred military working dogs implement this vision and ensure that credit card debt from month to month; serve alongside the men and women of the (5) only 40 percent of adults in the United we succeed in transforming our energy United States Armed Forces in combat and States reported keeping close track of their economy within the next few decades in peacetime; spending, a percentage that held steady since by taking important steps every single Whereas breed instinct enables purebred 2007; and year—driving ourselves forward, under- dogs to readily serve as— (6) 14 percent of adults in the United States standing the urgency, applying the (1) avalanche dogs; identified not having enough ‘‘rainy day’’ technology, accelerating the imple- (2) trackers and trailers; savings for an emergency, and 15 percent of mentation—to achieve 100 percent (3) herders; adults in the United States identified not (4) controllers of vermin; clean and renewable energy by 2050. having enough money set aside for retire- (5) water rescuers; ment, as the most worrisome area of per- If there were an asteroid coming to- (6) carting and sled dogs; ward the Earth, we would not be talk- sonal finance; (7) retrievers; Whereas the 2016 Retirement Confidence ing politics or political advantage. We (8) protectors; Survey conducted by the Employee Benefit would all be working together to take (9) hunters; and Research Institute found that 19 percent of it on—destroy it before it destroyed us. (10) bird dogs; workers were ‘‘not at all confident’’ that We have the equivalent of an asteroid Whereas the first ‘‘National Purebred Dog they had enough money to retire; that is coming at the Earth in global Day’’ was established on May 1, 2015; Whereas, according to the statistical re- warming. The time to play politics has Whereas millions of individuals, through lease of the Board of Governors of the Fed- social media and other avenues, recognize eral Reserve System for the fourth quarter passed. The time to play partisanship May 1 each year as ‘‘National Purebred Dog has passed. It is time for every citizen of 2016 entitled ‘‘Financial Accounts of the Day’’ and desire, on May 1, to expressly rec- United States: Flow of Funds, Balance and every organization at every level— ognize the contributions of the purebred dog; Sheets, and Integrated Macroeconomic Ac- every chair representing every Senator and counts’’, outstanding household debt in the from every State in the Union—to Whereas individuals value all dogs, regard- United States was $14,800,000,000,000 at the come together to take on this chal- less of the ancestry of the dogs, and espe- end of the fourth quarter of 2016; lenge together. cially cherish a purpose-bred dog and the Whereas, according to the 2016 Survey of I call upon my fellow Senators to be predictability of each respective breed of the States: Economic and Personal Finance purpose-bred dog: Now, therefore, be it Education in Our Nation’s Schools, a bien- part of, perhaps, the most important Resolved, That the Senate— effort we have to solve the biggest nial report by the Council for Economic Edu- (1) designates May 1, 2017, as ‘‘National cation— challenge to the health of America and Purebred Dog Day’’ in celebration of pure- (1) only 20 States require students to take the health of the planet—global warm- bred dogs and the many service and com- an economics course as a high school gradua- ing. Step forward and be part of the ef- panion benefits purebred dogs have and con- tion requirement; and fort. tinue to provide to the United States; and (2) only 17 States require students to take Thank you, Mr. President. (2) honors the dedicated and responsible a personal finance course as a high school breeders who work to preserve and advance f graduation requirement, either independ- their breeds and responsible dog ownership ently or as part of an economics course; SUBMITTED RESOLUTIONS throughout the United States. Whereas, according to the Gallup-HOPE f Index, only 52 percent of students in the United States have money in a bank or cred- SENATE RESOLUTION 144—DESIG- SENATE RESOLUTION 145—DESIG- it union account; NATING MAY 1, 2017, AS ‘‘NA- NATING APRIL 2017 AS ‘‘FINAN- Whereas expanding access to the safe, TIONAL PUREBRED DOG DAY’’ CIAL LITERACY MONTH’’ mainstream financial system will provide in- Mr. TILLIS submitted the following Mr. REED (for himself, Mr. DON- dividuals with less expensive and more se- cure options for managing finances and resolution; which was referred to the NELLY, Mr. SCOTT, Mr. CARPER, Mr. building wealth; Committee on the Judiciary: WICKER, Mr. WHITEHOUSE, Mr. COONS, Whereas quality personal financial edu- S. RES. 144 Mrs. MURRAY, Mr. SCHATZ, Mr. YOUNG, cation is essential to ensure that individuals Whereas the human-canine bond predates Mr. ROUNDS, Mr. TILLIS, Mr. MANCHIN, are prepared— history and individuals have enjoyed the Mr. KENNEDY, Mr. PETERS, Mr. CARDIN, (1) to manage money, credit, and debt; and companionship and assistance of dogs since Mrs. FEINSTEIN, Mr. GRAHAM, Mr. DUR- (2) to become responsible workers, heads of the dawn of civilization; BIN, Mr. MENENDEZ, Ms. KLOBUCHAR, household, investors, entrepreneurs, business Whereas dog ownership has existed in all Mr. FRANKEN, and Mr. BOOKER) sub- leaders, and citizens; cultures, races, climates, and economic situ- mitted the following resolution; which Whereas increased financial literacy em- ations; was considered and agreed to: powers individuals to make wise financial Whereas more than 350 dog breeds exist decisions and reduces the confusion caused worldwide, and more than 180 breeds are rec- S. RES. 145 by an increasingly complex economy; ognized by the American Kennel Club; Whereas, according to the Federal Deposit Whereas a greater understanding of, and Whereas purebred dogs and breeders of Insurance Corporation (referred to in this familiarity with, financial markets and in- purebred dogs have played a crucial role in preamble as the ‘‘FDIC’’), at least 26.9 per- stitutions will lead to increased economic United States history, dating to colonial cent of households in the United States, or activity and growth; and times, during which George Washington had nearly 33,500,000 households with approxi- Whereas, in 2003, Congress— a foxhound breeding program, which estab- mately 66,700,000 adults, are unbanked or (1) determined that coordinating Federal lished the American Foxhound breed; underbanked and therefore have not had an financial literacy efforts and formulating a Whereas responsible breeders of purebred opportunity to access savings, lending, and national strategy is important; and dogs dedicate their lives to improving the other basic financial services; (2) in light of that determination, passed health and well-being of dogs and preserving Whereas, according to the FDIC, approxi- the Financial Literacy and Education Im- unique breeds of dogs; mately 30 percent of banks reported in 2011 provement Act (20 U.S.C. 9701 et seq.), estab- Whereas purebred dogs were created to that consumers lacked an understanding of lishing the Financial Literacy and Education work alongside humans, and provide ines- the financial products and services banks of- Commission: Now, therefore, be it timable service as— fered; Resolved, That the Senate—

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.047 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2628 CONGRESSIONAL RECORD — SENATE April 27, 2017 (1) designates April 2017 as ‘‘Financial Lit- voice for children, will celebrate its 20th an- Whereas more than $1,000,000,000 of prop- eracy Month’’ to raise public awareness niversary in 2017, and has partnered with erty damage was incurred during the 1992 about— States and cities throughout the United Los Angeles civil unrest, with approximately (A) the importance of personal financial States for the last 19 years, will declare 3,600 fires set and destruction to over 1,100 education in the United States; and April 30, 2017, as El Dı´a de Los Nin˜ os—Cele- buildings throughout Los Angeles; (B) the serious consequences that may re- brating Young Americans, a day to bring Whereas the 1992 Los Angeles civil unrest sult from a lack of understanding about per- communities and Latinos together across continued for a total of 6 days, during which sonal finances; and the United States to celebrate and uplift the unrest spread through multiple neighbor- (2) calls on the Federal Government, children; and hoods, including Koreatown, Inglewood, States, localities, schools, nonprofit organi- Whereas the people of the United States Hawthorne, Lynwood, Compton, and Long zations, businesses, and the people of the should be encouraged to celebrate the gifts Beach; United States to observe Financial Literacy of children and to help children take their Whereas the 1992 Los Angeles civil unrest Month with appropriate programs and activi- rightful place in the future of the United ended following the deployment of thousands ties. States: Now, therefore, be it of United States Armed Forces personnel; f Resolved, That the Senate— Whereas, on May 2, 1992, an estimated (1) designates April 30, 2017, as El Dı´a de 30,000 individuals gathered in a peace march SENATE RESOLUTION 146—DESIG- Los Nin˜ os—Celebrating Young Americans; in Koreatown during the 1992 Los Angeles NATING APRIL 30, 2017, AS EL and civil unrest, calling for healing and sup- DI´A DE LOS NIN˜ OS—CELE- (2) calls on the people of the United States porting merchants in Koreatown whose busi- BRATING YOUNG AMERICANS to join with children, families, communities, nesses were decimated; and Mr. MENENDEZ (for himself, Mr. churches, cities, and States across the Whereas, on April 29, 2017, local leaders, United States to observe the day with appro- business owners, and individuals in the Afri- FLAKE, Ms. CORTEZ MASTO, Mr. CRAPO, priate ceremonies, including activities can-American, Latino, and Korean-American Ms. DUCKWORTH, Mr. HEINRICH, Mr. that— communities will join together to remember MCCAIN, Mrs. MURRAY, Mr. REED, and (A) center on children and are free or mini- the lives lost during the 1992 Los Angeles Mr. BOOKER) submitted the following mal in cost so as to facilitate full participa- civil unrest and to discuss continued work to resolution; which was considered and tion of all people; promote unity in Los Angeles: Now, there- agreed to: (B) uplift and help children positively envi- fore, be it S. RES. 146 sion a path to their futures by voicing their Resolved, That the Senate— hopes and dreams; (1) recognizes and offers condolences to all Whereas, each year in the United States, (C) offer opportunities for children of di- who lost their lives, suffered injuries, and El Dı´a de Los Nin˜ os—Celebrating Young verse backgrounds to learn about the cul- suffered losses to their businesses and prop- Americans is recognized on April 30 as a day tures of one another and to share ideas; to affirm and recognize the importance of erty during the 1992 Los Angeles civil unrest; (D) include family members, especially ex- young children in the United States; (2) recognizes and commends the commu- tended and elderly family members, so as to Whereas children represent the hopes and nities throughout Los Angeles for the work dreams of the people of the United States, promote understanding and communication done to bring different constituencies to- and the well-being of children and adoles- between generations within families and to gether to recover and rebuild Los Angeles, cents is emphasized as a top priority in the enable young people to respect and benefit improve police oversight, and continue the United States; from the experiences of, and learn from, momentum for change gained in the ensuing Whereas children and adolescents should their family elders; months and years following the 1992 Los An- be nurtured and invested in to preserve and (E) enable diverse communities to build re- geles civil unrest; and enhance economic prosperity, democracy, lationships; and (3) expresses hope that the memory of the and the spirit of the United States through (F) provide children with the long-term 1992 Los Angeles civil unrest will promote the free and open exchange of ideas; support the children need to learn, develop, greater dialogue, civility, and unity among Whereas, according to data of the Bureau and become confident young adults who are all of the communities throughout Los Ange- of the Census, Hispanics are the youngest ready and eager to contribute to the United les. major racial or ethnic group in the United States, a country the children believe in. Mrs. FEINSTEIN. Mr. President, I States, as nearly 1⁄3, or 17,900,000, of the His- f wish to introduce a Senate resolution panic population of the United States is SENATE RESOLUTION 147—COM- to commemorate the 25th Anniversary younger than 18 years old, and approxi- MEMORATING THE 25TH ANNI- of the 1992 Los Angeles civil unrest. mately 1⁄4, or 14,600,000, of the Hispanic popu- On March 3, 1991, an African Amer- VERSARY OF THE 1992 LOS AN- lation of the United States are millennials ican named Rodney King was driving GELES CIVIL UNREST (18 to 33 years old in 2014); on a Los Angeles interstate when offi- Whereas the United States Hispanic popu- Mrs. FEINSTEIN (for herself and Ms. lation continues to grow, representing the cers attempted to pull him over for al- HARRIS) submitted the following reso- legedly speeding. By the time he pulled youngest and largest ethnic minority group lution; which was referred to the Com- in the United States, and is a significant over and exited his car following a part of the workforce of the United States, mittee on the Judiciary: high-speed chase spanning 8 miles, comprising future consumers, taxpayers, and S. RES. 147 there were multiple LA police depart- voters; Whereas Saturday, April 29, 2017, marks ment units on the scene. Whereas, as the United States becomes the 25th anniversary of the 1992 Los Angeles King was tasered two times, and more culturally and ethnically diverse, the civil unrest; camcorder video footage recorded by a people of the United States must strive to Whereas the 1992 Los Angeles civil unrest civilian witness—George Holliday— bring about cultural understanding and cele- is also referred to as the 1992 Los Angeles brate a tradition that honors all children on riots, the South Central riots, the Rodney from his nearby apartment balcony de- April 30, 2017, El Dı´a de Los Nin˜ os—Cele- King riots, the Los Angeles uprising, the 1992 picted the brutal beating of King by brating Young Americans, a day that ac- Los Angeles civil disturbance, and ‘‘Sa-I- four officers who surrounded him. The knowledges and shares traditions and cus- Gu’’, which means April 29 in Korean; officers struck King repeatedly until he toms with all people in the United States; Whereas the 1992 Los Angeles civil unrest was bloodied and disfigured with a frac- Whereas parents represent the center of began in South Central Los Angeles, Cali- tured cheekbone, 11 broken bones at teaching family values, morality, life prepa- fornia, following the acquittal of 4 Los Ange- the base of the skull, and a broken ration, health, survival, and culture; les Police Department officers who were ankle. The video footage shows King Whereas the designation of a day to honor charged with using excessive force against the children and adolescents in the United an African-American taxi driver named Rod- being struck by batons over 50 times, States will help affirm the significance of ney King; Holliday’s video was sent to news family, education, health, and community Whereas the acquittal immediately re- outlets and aired around the world. It among the people of the United States; sulted in the formation of large crowds and shook the Nation and raised outcries Whereas the designation of a day of special a public outcry over concerns of racial injus- about excessive force by police officers. recognition for the children of the United tice and police brutality, which soon led to But even before the videotape had be- States will provide an opportunity to reflect civil unrest at the intersection of Florence come public, community leaders in Los on their futures, to articulate their aspira- Avenue and Normandie Avenue in Los Ange- Angeles had highlighted on numerous tions, to find comfort and security in the les and continued throughout Los Angeles; support of their family members, commu- Whereas, during the 1992 Los Angeles civil occasions the use of excessive force by nities, and schools, and to grow to con- unrest, more than 60 individuals lost their LAPD officers. tribute to the United States; lives amid the looting and fires, more than In fact, in the immediate aftermath Whereas the National Latino Children’s In- 2,000 individuals suffered injuries, and more of the Rodney King beating, then-Los stitute, which serves as an advocate and a than 11,000 individuals were arrested; Angeles Mayor Tom Bradley formed

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.028 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2629 the Christopher Commission to thor- cent of the property damage was suf- meet during the session of the Senate oughly examine thousands of excessive fered by those businesses owned by Ko- on Thursday, April 27, 2017, at 10 a.m. force complaints made against LAPD rean-Americans—with estimates of up to conduct a hearing entitled ‘‘Coun- officers in the late 1980s. So when—a to 1,600 Korean-American-owned stores tering Russia: Further Assessing Op- year later on April 29, 1992—the four completely destroyed. tions for Sanctions.’’ LAPD officers caught on tape were ac- There is no question that those fate- COMMITTEE ON ENERGY AND NATURAL quitted after standing trial for using ful 6 days have impacted generations of RESOURCES excessive force against Rodney King, Angelenos. We must resolve to never The Committee on Energy and Nat- the entire Nation was in shock. The forget the 1992 Los Angeles civil unrest ural Resources is authorized to meet verdict appeared completely incompat- and what emerged from those fires. during the session of the Senate in ible with the brutal videotape footage We must offer our condolences for order to hold a hearing on Thursday, that flooded our TV screens at the the families who lost their loved ones April 27, 2017, at 10 a.m. in Room 366 of time. or who bear the scars, both mental and the Dirksen Senate Office Building. When the verdict became public, hun- physical, from that time and commend COMMITTEE ON HEALTH, EDUCATION, LABOR, dreds gathered at the Los Angeles those who have worked so hard to come AND PENSIONS County Courthouse to protest, and a together to heal community rifts, re- The Committee on Health, Edu- national debate immediately began build a stronger Los Angeles, and con- cation, Labor, and Pensions is author- over racial injustice and excessive use tinue to promote ongoing dialogue, ci- ized to meet in executive session dur- of force by police against racial mi- vility, and unity among all commu- ing the session of the Senate on Thurs- norities. Shortly thereafter, at the nities. day, April 27, 2017, at 10 a.m. in SD–419. intersection of Florence and That is the purpose of this resolution COMMITTEE ON AGING Normandie in South Central Los Ange- we are introducing today. The Special Committee on Aging is les, the public’s frustration boiled over I want to thank Senator HARRIS for authorized to meet during the session and violence erupted, setting off a flash working with me on the resolution to of the Senate on Thursday, April 27, point that the police simply could not commemorate the 25th Anniversary of 2017, in room 430 of the Dirksen Senate quell. Looting, vandalism, and physical this historic event in California. Office Building beginning at 9:45 a.m. attacks became rampant, and I will I yield the Floor. never forget the image of Reginald COMMITTEE ON INTELLIGENCE f Denny being dragged out of his semi- The Senate Select Committee on In- trailer truck to be severely beaten in SENATE CONCURRENT RESOLU- telligence is authorized to meet during the middle of the street. TION 14—AUTHORIZING THE USE the session of the 115th Congress of the From then on, the unrest overtook OF EMANCIPATION HALL IN THE U.S. Senate on Thursday, April 27, 2017 the city, including neighborhoods like CAPITOL VISITOR CENTER FOR from 2 p.m., in room SH–219 of the Sen- Koreatown, Hawthorne, Compton and AN EVENT TO CELEBRATE THE ate Hart Office Building. Long Beach. The city, quite literally, BIRTHDAY OF KING KAMEHA- SUBCOMMITTEE ON CYBERSECURITY was on fire. For 6 days, the city was in MEHA I The Subcommittee on Cybersecurity a state of emergency. Ms. HIRONO (for herself and Mr. of the Committee on Armed Services is All told, there were more than 60 in- SCHATZ) submitted the following con- authorized to meet during the session dividuals who lost their lives amid the current resolution; which was consid- of the Senate on Thursday, April 27, looting and fires, and thousands of in- ered and agreed to: 2017, at 2:30 p.m. dividuals were injured or arrested, S. CON. RES. 14 f while countless more lost their busi- nesses and places of employment. Over Resolved by the Senate (the House of Rep- ORDERS FOR FRIDAY, APRIL 28, resentatives concurring), 3,600 fires were set and over 1,100 build- 2017 SECTION 1. USE OF EMANCIPATION HALL FOR Mr. MCCONNELL. Mr. President, I ings in Los Angeles were damaged or EVENT TO CELEBRATE BIRTHDAY destroyed. OF KING KAMEHAMEHA I. ask unanimous consent that when the Images of the smoke clouds over the (a) AUTHORIZATION.—Emancipation Hall in Senate completes its business today, it city evoked the devastation felt by so the Capitol Visitor Center is authorized to be adjourn until 11 a.m., Friday, April 28; many Angelenos. The 1992 Los Angeles used on June 11, 2017 for an event to cele- further, that following the prayer and civil unrest was felt so deeply and so brate the birthday of King Kamehameha I. pledge, the morning hour be deemed personally by so many communities (b) PREPARATIONS.—Physical preparations expired, the Journal of proceedings be throughout the city. for the conduct of the event described in sub- approved to date, and the time for the section (a) shall be carried out in accordance The African American community with such conditions as may be prescribed by two leaders be reserved for their use decried not only the verdict returned the Architect of the Capitol. later in the day; finally, that following against Rodney King but also mourned leader remarks, the Senate be in a pe- the death of high-schooler Latasha f riod of morning business, with Sen- Harlins and so many other victims of AUTHORITY FOR COMMITTEES TO ators permitted to speak therein for up violence and excessive use of force. The MEET to 10 minutes each. civil unrest was symptomatic of the Mr. BLUNT. Mr. President, I have 7 The PRESIDING OFFICER. Without deep frustrations felt by the African- requests for committees to meet during objection, it is so ordered. American community against a crimi- today’s session of the Senate. They f nal justice system that continually have the approval of the majority and failed to protect them. ORDER FOR ADJOURNMENT minority leaders. Similarly, the 1992 Los Angeles civil Mr. MCCONNELL. Mr. President, if Pursuant to rule XXVI, paragraph unrest was sharply felt by the Latino there is no further business to come be- 5(a), of the Standing Rules of the Sen- community in Los Angeles. fore the Senate, I ask unanimous con- According to one report following the ate, the following committees are au- sent that it stand adjourned under the unrest, one-third of those killed and thorized to meet during today’s session previous order, following the remarks of the Senate: half of those arrested were Latino, and of Senator SULLIVAN. countless Latino businesses were COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. Without looted or destroyed. The Committee on Armed Services is objection, it is so ordered. The Korean-American community in authorized to meet during the session The Senator from Alaska. of the Senate on Thursday, April 27, Los Angeles was also deeply impacted, f referring to the unrest as ‘‘Sa-I-Gu,’’ to 2017, at 9:30 a.m. commemorate the date ‘‘April 29’’ in COMMITTEE ON BANKING, HOUSING, AND URBAN TRIBUTE TO MADISON ENGLUND Korean to mark it as a significant date AFFAIRS AND JENNIFER TROUTMAN in Korean history. Amidst the torched The Committee on Banking, Housing, Mr. SULLIVAN. Mr. President, every and decimated businesses, 35 to 40 per- and Urban Affairs is authorized to week I have been coming down to the

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A27AP6.032 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE S2630 CONGRESSIONAL RECORD — SENATE April 27, 2017 floor for months now to recognize and their supporters like me. Special The senior assistant legislative clerk someone in my State who has made a Olympics has shown what can happen read as follows: difference, someone who has devoted when a group of people get together A concurrent resolution (H. Con. Res. 35) time and energy to making Alaska a and sweat it out and work hard in the authorizing the use of the Capitol Grounds better place to live for the community name of fair competition, camaraderie, for the National Peace Officers Memorial and for others. We call these individ- and perseverance. These Special Olym- Service and the National Honor Guard and uals our Alaskan of the week. It covers pians—all Special Olympians, really— Pipe Band Exhibition. Alaskans from all over the State. make us in Alaska proud. There being no objection, the Senate As I have said repeatedly in every I want to thank Jim Balamaci, who proceeded to consider the concurrent one of my ‘‘Alaskan of the Week’’ has been the Special Olympics Alaska resolution. speeches, I believe Alaska is the most head for many years, and his whole Mr. SULLIVAN. Mr. President, I ask beautiful State in the country—I would team for giving so many Alaskans the unanimous consent that the concur- argue, in the world. I urge everybody in opportunity to get out to the field or rent resolution be agreed to and the the room—the pages, the Presiding Of- the slopes and experience the fulfill- motion to reconsider be considered ficer, and the folks watching on TV—to ment of sports for all. made and laid upon the table with no come see for yourself. It will be a trip In Alaska, we love our Special Olym- intervening action or debate. of a lifetime, I guarantee it. But it is pics athletes. They are an inspiration The PRESIDING OFFICER. Without the people who truly make Alaska to all of us, whether it is when they are objection, it is so ordered. unique, people who are helping each competing or even participating in the The concurrent resolution (H. Con. other, people who face tough odds and Polar Plunge in the icy waters of Alas- Res. 35) was agreed to. conquer them, strong-willed, warm- ka every winter to raise money for f hearted, tenacious people who have Special Olympics. AUTHORIZING USE OF THE carved generous lives and sometimes in Congratulations again to Jennifer CAPITOL GROUNDS very extreme conditions. and Madison on your hard work and in- Today, our Alaskan of the week is credible achievements and representing Mr. SULLIVAN. Mr. President, I ask going to be a twofer. We are going to Alaska so well. Congratulations. You unanimous consent that the Senate do two today. So I would like to recog- have earned it, being our Alaskans of proceed to the immediate consider- nize two Alaskans, Madison Englund of the week. ation of H. Con. Res. 36, which was re- Fairbanks and Jennifer Troutman of Mr. President, I yield the floor. ceived from the House. Anchorage, as our Alaskans of the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The week. These are two special athletes ator from Alaska. clerk will report the concurrent resolu- tion by title. who have made all of us in Alaska very f proud. The senior assistant legislative clerk Last month, Madison and Jennifer AUTHORIZING USE OF EMANCI- read as follows: returned to Alaska with a slew of med- PATION HALL IN THE CAPITOL A concurrent resolution (H. Con. Res. 36) als from the 2017 Special Olympics VISITOR CENTER authorizing the use of the Capitol Grounds World Winter Games in Austria. First, Mr. SULLIVAN. Mr. President, I ask for the Greater Washington Soap Box Derby. these young women did everything in unanimous consent that the Senate There being no objection, the Senate their power, including training their proceed to the consideration of S. Con. proceeded to consider the concurrent hearts out, to qualify for these world Res. 14, submitted earlier today. resolution. Olympic games, and when they got The PRESIDING OFFICER. The Mr. SULLIVAN. Mr. President, I ask there, they excelled. Madison won a clerk will report the concurrent resolu- unanimous consent that the concur- Gold Medal in the advanced super-G tion by title. rent resolution be agreed to and the snowboard race and added a Silver The senior assistant legislative clerk motion to reconsider be considered Medal in the advanced giant slalom. read as follows: made and laid upon the table with no Jennifer claimed a Silver Medal in A concurrent resolution (S. Con. Res. 14) intervening action or debate. Monday’s advanced super-G ski race, as authorizing the use of Emancipation Hall in The PRESIDING OFFICER. Without well. the Capitol Visitor Center for an event to objection, it is so ordered. Jennifer has been an athlete with celebrate the birthday of King Kamehameha The concurrent resolution (H. Con. Special Olympics for 11 years. During I. Res. 36) was agreed to. her freshman year of high school, she There being no objection, the Senate f participated in bowling, track and proceeded to consider the concurrent SUPPORTING THE GOALS AND field, and floor hockey through the resolution. IDEALS OF TAKE OUR DAUGH- Partners Club. During her junior year, Mr. SULLIVAN. Mr. President, I ask TERS AND SONS TO WORK DAY she found a passion for skiing and has unanimous consent that the concur- been excelling on the slopes ever since, rent resolution be agreed to and the Mr. SULLIVAN. Mr. President, I ask as you can see from these incredible motion to reconsider be considered unanimous consent that the Health, medals from the Special Olympics. She made and laid upon the table with no Education, Labor, and Pensions Com- also works at Petco during her free intervening action or debate. mittee be discharged from further con- time. The PRESIDING OFFICER. Without sideration of and the Senate now pro- Madison has been part of Special objection, it is so ordered. ceed to the consideration of S. Res. 127. Olympics for 7 years. Aside from The concurrent resolution (S. Con. The PRESIDING OFFICER. Without sports, she enjoys other hobbies, to in- Res. 14) was agreed to. objection it is so ordered. clude playing the cello, camping, fish- (The concurrent resolution is printed The clerk will report the resolution ing, and caring for animals. She is in today’s RECORD under ‘‘Submitted by title. proud of her dogs, and she has three of Resolutions.’’) The senior assistant legislative clerk them. She also loves to make jewelry. f read as follows: She said it is her favorite hobby. In ad- A resolution (S. Res. 127) supporting the dition to all this, she has also won the AUTHORIZING USE OF THE goals and ideals of Take Our Daughters And Good Citizens Award from the Daugh- CAPITOL GROUNDS Sons To Work Day. ters of the American Revolution. Mr. SULLIVAN. Mr. President, I ask There being no objection, the Senate Since its founding nearly 50 years unanimous consent that the Senate proceeded to consider the resolution. ago and subsequent growth to all cor- proceed to the consideration of H. Con. Mr. SULLIVAN. Mr. President, I ask ners of the globe, the Special Olympics Res. 35, which was received from the unanimous consent that the resolution has brought hope and joy and self-es- House. be agreed to, the preamble be agreed teem to countless children and adults The PRESIDING OFFICER. The to, and the motions to reconsider be with intellectual disabilities and, of clerk will report the concurrent resolu- considered made and laid upon the course, to their families and friends tion by title. table.

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G27AP6.070 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE April 27, 2017 CONGRESSIONAL RECORD — SENATE S2631 The PRESIDING OFFICER. Without FINANCIAL LITERACY MONTH Mr. SULLIVAN. Mr. President, I ask objection, it is so ordered. Mr. SULLIVAN. Mr. President, I ask unanimous consent that the resolution The resolution (S. Res. 127) was unanimous consent that the Senate be agreed to, the preamble be agreed agreed to. proceed to the immediate consider- to, and the motions to reconsider be The preamble was agreed to. ation of S. Res. 145, submitted earlier considered made and laid upon the (The resolution, with its preamble, is today. table with no intervening action or de- printed in the RECORD of April 7, 2017, The PRESIDING OFFICER. The bate. under ‘‘Submitted Resolutions.’’) clerk will report the resolution by The PRESIDING OFFICER. Without f title. objection, it is so ordered. The senior assistant legislative clerk The resolution (S. Res. 146) was CONGRATULATING THE ASHLAND read as follows: agreed to. UNIVERSITY WOMEN’S BASKET- The preamble was agreed to. BALL TEAM FOR WINNING THE A resolution (S. Res. 145) designating April 2017 as ‘‘Financial Literacy Month.’’ (The resolution, with its preamble, is 2017 NATIONAL COLLEGIATE ATH- There being no objection, the Senate printed in today’s RECORD under ‘‘Sub- LETIC ASSOCIATION DIVISION II mitted Resolutions.’’) CHAMPIONSHIP proceeded to consider the resolution. Mr. SULLIVAN. Mr. President, I fur- Mr. SULLIVAN. Mr. President, I ask ther ask unanimous consent that the f unanimous consent that the Commerce resolution be agreed to, the preamble Committee be discharged from further be agreed to, and the motions to recon- APPOINTMENT consideration of and the Senate now sider be considered made and laid upon The PRESIDING OFFICER. The proceed to the consideration of S. Res. the table with no intervening action or Chair, on behalf of the Vice President, 132. debate. pursuant to Public Law 94–304, as The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without amended by Public Law 99–7, appoints objection, it is so ordered. objection, it is so ordered. the following Senator as a member of The clerk will report the resolution The resolution (S. Res. 145) was the Commission on Security and Co- by title. agreed to. operation in Europe (Helsinki) during The senior assistant legislative clerk The preamble was agreed to. the 115th Congress: the Honorable CORY read as follows: (The resolution, with its preamble, is GARDNER of Colorado. A resolution (S. Res. 132) congratulating printed in today’s RECORD under ‘‘Sub- the Ashland University women’s basketball mitted Resolutions.’’) f team for winning the 2017 National Colle- f giate Athletic Association division II cham- pionship. EL DI´A DE LOS NIN˜ OS— ADJOURNMENT UNTIL 11 A.M. TOMORROW There being no objection, the Senate CELEBRATING YOUNG AMERICANS proceeded to consider the resolution. Mr. SULLIVAN. Mr. President, I ask The PRESIDING OFFICER. Under Mr. SULLIVAN. Mr. President, I ask unanimous consent that the Senate the previous order, the Senate stands unanimous consent that the resolution proceed to the immediate consider- adjourned until 11 a.m. tomorrow. be agreed to, the preamble be agreed ation of S. Res. 146, submitted earlier Thereupon, the Senate, at 7:15 p.m., to, and the motions to reconsider be today. adjourned until Friday, April 28, 2017, considered made and laid upon the The PRESIDING OFFICER. The at 11 a.m. table. clerk will report the resolution by The PRESIDING OFFICER. Without title. f objection, it is so ordered. The senior assistant legislative clerk The resolution (S. Res. 132) was read as follows: CONFIRMATION agreed to. A resolution (S. Res. 146) designating April Executive nomination confirmed by The preamble was agreed to. 30, 2017, as El Dı´a de Los Nin˜ os—Celebrating the Senate April 27, 2017: Young Americans. (The resolution, with its preamble, is DEPARTMENT OF LABOR printed in the RECORD of April 7, 2017, There being no objection, the Senate R. ALEXANDER ACOSTA, OF FLORIDA, TO BE SEC- under ‘‘Submitted Resolutions.’’) proceeded to consider the resolution. RETARY OF LABOR.

VerDate Sep 11 2014 05:48 Apr 28, 2017 Jkt 069060 PO 00000 Frm 00067 Fmt 0624 Sfmt 9801 E:\CR\FM\G27AP6.071 S27APPT1 lotter on DSK5VPTVN1PROD with SENATE