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, MAY 25, 2017 No. 91 Senate The Senate met at 10:30 a.m. and was Senator from the State of Alabama, to per- blame belongs with ObamaCare. The called to order by the Honorable LU- form the duties of the Chair. official report said that since THER STRANGE, a Senator from the ORRIN G. HATCH, ObamaCare’s full enactment in 2013, State of Alabama. President pro tempore. premiums had, on average, doubled in Mr. STRANGE thereupon assumed f the vast majority of States that use the Chair as Acting President pro tem- ObamaCare’s Federal exchange, and PRAYER pore. premiums even tripled in a handful of The Chaplain, Dr. Barry C. Black, of- f others. Think about that. Premiums doubled in the vast majority of these fered the following prayer: RECOGNITION OF THE MAJORITY States, and premiums tripled in a Let us pray. LEADER Gracious Father, fill our govern- handful of others. There is no serious ment’s legislative branch with Your The ACTING PRESIDENT pro tem- way to now try to spin away these truth. Where it is in need of purging, pore. The majority leader is recog- years and years of ObamaCare’s fail- cleanse it. Where it is in error, direct nized. ures on cost. it. Where anything is amiss, reform it. f By the same token, there is no seri- ous way to try to spin away or ignore Where it is right, strengthen and con- HEALTHCARE LEGISLATION firm it. Where it is in want, furnish it. the years and years of ObamaCare’s Where it is divided, unite it. Mr. MCCONNELL. Mr. President, failures on choice. Just take a look at Today, use our lawmakers for Your what has happened in the years since the chart behind me. It shows that 49 purposes. As they have the opportuni- Democrats forced ObamaCare on our percent of the counties in my State ties, may they strive to do good for country? Health choices have plum- have just one insurer. Half of the coun- Your glory. Guide and strengthen them meted downward year after year. ties—one choice. And when you have as You provide for their needs. Lord, Health costs have skyrocketed higher one choice, you have no choice at all. remind them that they are laborers to- year after year. And what have Demo- That is the latest in a long-term trend gether with You. crats, who promised the opposite, done we have seen under ObamaCare. To add We pray in Your sacred Name. Amen. all these years since, as Republicans insult to injury, predictions show that repeatedly warned we had to act before next year could be even worse for fami- f ObamaCare hurt more Americans on lies when it comes to their choices PLEDGE OF ALLEGIANCE its inevitable path to collapse? Well, under this law. they have done basically nothing. They Unfortunately, my State is not alone The Presiding Officer led the Pledge said we were exaggerating. They were either. This year, there are 26 States of Allegiance, as follows: wrong. They said things would get bet- with at least 1 county where residents I pledge allegiance to the Flag of the ter. They got even worse. Rather than have just 1 insurance option under United States of America, and to the Repub- work with us to fix healthcare, they lic for which it stands, one nation under God, ObamaCare. That means millions of indivisible, with liberty and justice for all. pretended things were fine, while more Americans living in more than 1,000 Americans got hurt. counties across our country really have f So you can imagine my surprise no choice at all. APPOINTMENT OF ACTING when Democrats recently sent a letter Thanks to ObamaCare, things could PRESIDENT PRO TEMPORE that essentially conceded that the sta- again get even worse next year. Just tus quo of ObamaCare is unsustainable. yesterday, tens of thousands of Missou- The PRESIDING OFFICER. The Was it because they actually wanted to rians across 25 counties—from small clerk will please read a communication work together on reform? I sure wish towns to Kansas City—learned that to the Senate from the President pro that were the case, but so far it seems they may join the ranks of Americans tempore (Mr. HATCH). part of a new strategy to—get this— without a single insurance option to The assistant bill clerk read the fol- blame someone other than themselves choose from next year—not one— lowing letter: for the failures of ObamaCare. Did they thanks to ObamaCare and its years- U.S. SENATE, actually think anyone was going to long trend of fewer and fewer choices. PRESIDENT PRO TEMPORE, buy this? Come on. Does any of that sound like what Washington, DC, May 25, 2017. To the Senate: Just the other day, a bombshell re- Americans were promised? Under the provisions of rule I, paragraph 3, port came out that reminded us ex- A mother in Louisville recently of the Standing Rules of the Senate, I hereby actly where the blame for ObamaCare’s wrote to my office begging for Mem- appoint the Honorable LUTHER STRANGE, a failures has always belonged. The bers of Congress to address the failures.

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

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VerDate Sep 11 2014 00:48 May 26, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.000 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3160 CONGRESSIONAL RECORD — SENATE May 25, 2017 ‘‘Middle class Kentuckians are hurting mously ‘‘well qualified.’’ In other 15th State of this Nation in 1792. So because of ObamaCare,’’ she said. words, the people involved in rating today I rise to celebrate my home ‘‘Residents [have] little choice for him couldn’t find anybody who didn’t State of Kentucky, the Commonwealth health plans’’ and ‘‘our family is not say he was well qualified. That is the of Kentucky, a place the Native Amer- the only one suffering from the high highest rating one can achieve. ican Wyandot Nation called the ‘‘land costs of health insurance.’’ She con- Judge Thapar has the necessary cre- of tomorrow.’’ cluded, ‘‘I hope you will push hard to dentials, integrity, and respect from Once considered the far western fron- fix our healthcare system.’’ his colleagues to join the Sixth Circuit. tier, Kentucky has developed into a I know many of my colleagues have I am proud to support him, and I urge State with diverse industries, a strong received letters like this one from all Senators to vote to confirm Judge heritage, and international promi- their constituents as well. Thapar’s nomination later today. nence. ObamaCare has caused so much pain f When you think about my home for families across our country, and it State, many things follow as distinctly is not going to just magically somehow MEMORIAL DAY Kentuckian. The natural beauty of our get better on its own. I know that, like Mr. MCCONNELL. Mr. President, as mountains, farmlands, and riverways so many families across the country, I we approach the Memorial Day week- foster deep love. Blessed with fertile am not satisfied with the ObamaCare end, we are reminded of the great sac- land and an abundance of coal, Ken- status quo, and I don’t think it is ac- rifices so many men and women in uni- tucky’s cultural heritage has developed ceptable for its failures to be consid- form have made on our behalf through- in both the fields and the mines. The ered the new normal. As the people of out the years. The servicemembers proud tradition of the Commonwealth Kentucky have shown in election after whose memory we honor paid the ulti- includes bourbon and basketball, but election, they don’t either. mate price in defending our Nation, our also pioneers, statesmen, artists, schol- Senate Republicans are working to- families, and our freedom. We are for- ars, and athletes. gether to move past the problems of ever indebted to them. But as we re- From the days of Daniel Boone’s he- ObamaCare and to help those who have flect upon the fallen soldiers, sailors, roic exploration through the Cum- been hurt by it. We would love for airmen, and marines, we are also re- berland Gap, Kentucky has been home Democrats to join us. Democrats have minded of the responsibility we have to to numerous courageous men and already effectively conceded that the heroes who have returned home— women. The trailblazing spirit has ani- ObamaCare has failed. Now the ques- our veterans. mated Kentuckians from all walks of tion is, Will they work with us to actu- I don’t have to tell colleagues how life throughout the generations. A pio- ally fix this mess, or will they waste important keeping our commitment to neer of abdominal surgery, Ephraim more time in some futile attempt to our veterans is. We have an All-Volun- McDowell expanded the boundaries of now redirect blame? The ObamaCare teer Force. We cannot break faith with medical science. Tori Murden McClure status quo is unsustainable. It is inde- the Americans who bravely and will- rowed across the Atlantic Ocean as the fensible, and we have to move beyond ingly fight on our behalf. One way we first American and first woman to it before more Americans get hurt. can honor them is by working to en- brave the waters alone. Responsible for f sure that they receive the quality, a world famous fried chicken recipe, timely care they need through the De- Colonel Harland Sanders franchised his NOMINATION OF AMUL THAPAR partment of Veterans Affairs. That is store at the age of 62 and taught us all Mr. MCCONNELL. Mr. President, on why, after the State work period, we that it is never too late to chase our another matter, later today Senators will be taking up a bipartisan bill re- passion. Acclaimed news anchor Diane will vote to confirm Judge Amul ported out of committee just yesterday Sawyer, born in Glasgow, began her ca- Thapar of Kentucky to the U.S. Ap- that will enhance accountability at the reer as a weather forecaster in Louis- peals Court for the Sixth Circuit. VA, improve the care veterans receive, ville. Muhammad Ali, an international Judge Thapar will make an out- and empower the VA with the tools sports legend, became a global ambas- standing addition to the U.S. Appeals necessary to remove employees who sador for peace. Court for the Sixth Circuit. He has a are failing to perform at the high-qual- The Commonwealth has given rise to reputation as a qualified judge with an ity level our Nation’s heroes richly de- statesmen who have defended the impressive legal mind. He will fairly serve. Importantly, this bill—the De- Union, protected our liberties, and rep- apply the law to all those who enter his partment of Veterans Affairs Account- resented Kentucky values. Leaders like courtroom because, in Judge Thapar’s ability and Whistleblower Protection Henry Clay, Abraham Lincoln, and own words, ‘‘the most important at- Act—will build on progress we have al- Alben Barkley each left an indelible tribute of a judge is to be open-minded ready made with the 2014 Veterans Ac- imprint on the history of our Nation. and not to prejudice a case without cess, Choice, and Accountability Act. Civil rights icon Georgia Powers fought reading the briefs, researching the law, We know that many challenges re- against racial injustice in our State, and hearing from the parties.’’ main in ensuring that veterans have inspired Kentucky to open public ac- In 2007, President Bush nominated access to the care they need and de- commodations, and was the first Afri- him to be a U.S. district judge for the serve at the VA, but this legislation can American to serve in the Kentucky Eastern District of Kentucky. At that will further improve our ability to State Senate. time, the Senate confirmed his nomi- meet our commitment to them. I ap- Kentucky’s poets, musicians, and ac- nation on a voice vote, and Judge preciate Chairman ISAKSON for his con- tors have garnered international ac- Thapar became the first South Asian tinued efficacy on behalf of our vet- claim for their craft. Jesse Stuart’s American Federal judge in the history erans, as well as Senator RUBIO for his poems and short stories captured the of our country. When we confirm him leadership on this critical legislation. I beauty of Kentucky’s mountains, and to the Sixth Circuit later today, he will look forward to the full Senate taking Pulitzer Prize winning author Robert be the second South Asian American up the bill and passing it soon. Penn Warren described the unbreak- judge ever to serve on a Federal circuit f able link between poetry and democ- court. racy. The National Quilt Museum in Judge Thapar has been recognized for CELEBRATING THE COMMON- Paducah is a global center of creativity his work on the bench. The most recent WEALTH OF KENTUCKY’S 225th and tourism. Kentucky is also home to edition of the Almanac of the Federal ANNIVERSARY music legends and Grammy Award win- Judiciary quoted attorneys who Mr. MCCONNELL. One final matter, ners like Loretta Lynn and Chris ‘‘agreed that Thapar has excellent Mr. President. Next week on June 1, Stapleton and the birthplace of enter- legal ability.’’ Additionally, the Amer- the Commonwealth of Kentucky will tainment stars such as Jennifer Law- ican Bar Association, which prominent celebrate the 225th anniversary of its rence, George Clooney, and Johnny Senate Democrats have called ‘‘the admittance as a State into the Union. Depp. gold standard’’ for evaluating judges, Originally part of Virginia known as In the world’s greatest college bas- awarded him its highest rating—unani- the Kentucky County, it became the ketball rivalry between the University

VerDate Sep 11 2014 00:48 May 26, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.001 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3161 of Louisville and the University of ‘‘shocked, shocked’’ to find out there Mr. Leo told Mr. Toobin that it was: Kentucky, legendary coaches and un- was gambling going on in Rick’s Cafe. ‘‘easy’’ to find these nominees because: forgettable players have, for decades, They are shocked that anyone could ‘‘when you’ve been working in this kept fans on the edges of their seats be concerned about the Federalist So- vineyard for twenty-five years you until the final buzzer. For over 140 ciety, which they claim is just a simple know everybody.’’ years, the Kentucky Derby has been debate club. Far from it—consider the That brings us back to Judge Thapar. known as a mile and a quarter that following background. Leonard Leo, and the big money makes champions and brings the eyes The organization was founded in 1982 right-wing interests that fund the Fed- of the world to Louisville. by students at two law schools, Yale eralist Society, feel that they know I am exceptionally proud to represent and the University of Chicago, under Judge Thapar well enough to include Kentucky in the U.S. Senate, and I am the faculty supervision of Robert Bork him on the list of 21. forever grateful to the people of my and Antonin Scalia, who just happen to They have had plenty of opportunity to get a sense of his views, as Judge home State for giving me the oppor- be the two most prominent conserv- Thapar had been a member of the Fed- tunity to do just that. Kentucky has a ative legal scholars of their generation. eralist Society and has frequently spo- distinguished history, and I am con- According to a recent article about the Federalist Society by Jeffrey ken at their events. fident that trailblazers and pioneers At his hearing and in my questions to from across the Bluegrass State will Toobin: ‘‘within just a few years, the group was embraced and funded by a him, I sought reassurance from Judge continue to make it the land of tomor- Thapar that he would be independent row. It is my honor to call the Com- number of powerful, wealthy conserv- ative organizations, which eventually from this right-wing group and Presi- monwealth my home, and I look for- included foundations associated with dent Trump. ward to celebrating this 225th anniver- John Olin, Lynde and Harry Bradley, His answers did not provide that re- sary next week. Richard Scaife, and the Koch Broth- assurance. f ers.’’ For example, I asked Judge Thapar The Federalist Society’s website in- whether he agreed or disagreed with RESERVATION OF LEADER TIME cludes the group’s purpose statement. the Federalist Society’s purpose state- The ACTING PRESIDENT pro tem- It claims that the legal profession is: ment. He ducked the question, saying pore. Under the previous order, the ‘‘currently strongly dominated by a he didn’t know what the Federalist So- leadership time is reserved. form of orthodox liberal ideology ciety meant by the statement. I asked him if he thought it was ap- which advocates a centralized and uni- f propriate for the President to delegate form society.’’ CONCLUSION OF MORNING The statement describes the Fed- his Supreme Court selection process to BUSINESS eralist Society as a group of conserv- the Federalist Society and Heritage atives and libertarians calling for: ‘‘re- Foundation, since this creates incen- The ACTING PRESIDENT pro tem- tive for judges not to contravene the ordering priorities within the legal sys- pore. Morning business is closed. views of those organizations and their tem,’’ to fit their principles. Does that big-money donors. He ducked again, f sound like the mission statement of a saying he would not opine on this be- EXECUTIVE SESSION nonpartisan debate society? How has the Federalist Society gone cause he claimed it was a ‘‘political about this reordering? It’s been largely question.’’ In the aftermath of Citizens United, the work of Mr. Leonard Leo, the long- EXECUTIVE CALENDAR special interest groups pour dark time executive vice president of the The ACTING PRESIDENT pro tem- money into campaigns in support of Federalist Society who is currently pore. Under the previous order, the Republican judicial nominees like serving as an advisor to the Trump Senate will proceed to executive ses- Judge Thapar. I asked Judge Thapar if White House. he would discourage secret donations sion to resume consideration of the Mr. Leo has been credited with being in support of his nomination. Thapar nomination, which the clerk a driving force behind the Supreme will report. After all, if we don’t know who is se- Court nominations of Justice Neil cretly donating in support of his nomi- The assistant bill clerk read the Gorsuch, Chief Justice John Roberts nomination of Amul R. Thapar, of Ken- nation, how will we know when Judge and Justice Samuel Alito. That is one- Thapar needs to recuse himself because tucky, to be United States Circuit third of the current Supreme Court Judge for the Sixth Circuit. one of those donors has an interest in a that he has helped put in place. case he is considering? The ACTING PRESIDENT pro tem- Mr. Leo recently gave a speech where pore. The Democratic whip. He dodged that question too, saying he said: ‘‘I’ve seen that comment about he wasn’t aware of any donations about Mr. DURBIN. Mr. President, I rise in the third of the Supreme Court. I pre- opposition to the nomination of Judge his nomination. Of course, he wouldn’t fer controlling interests. But we be aware of secret donations—that’s Amul Thapar to serve on the Sixth Cir- haven’t quite been able to launch a the problem. cuit Court of Appeals. hostile takeover yet.’’ I also asked him about the original Judge Thapar is President Trump’s Mr. Leo went on to advocate for rad- understanding of the Constitution’s first nominee to serve on a Federal ap- ical change, saying: ‘‘I would love to Emoluments Clause. He said he could peals court. Last week, the Senate Ju- see the courts unrecognizable.’’ He has not discuss it because there is pending diciary Committee considered this said of the judicial confirmation proc- litigation on the matter. nomination and no Democrat voted for ess: ‘‘it’s like war.’’ That is curious, because I thought it. In an unprecedented move, President the Federalist Society’s view was that Judge Thapar is on the list of 21 can- Trump outsourced the selection of Su- the original meaning of constitutional didates that the Federalist Society and preme Court candidates to Mr. Leo, the provisions was immutable and un- Heritage Foundation have selected for Federalist Society, and the right-wing changing. If the meaning of the Con- President Donald Trump to choose Heritage Foundation. He publicly stitution doesn’t change, why do Fed- from when filling Supreme Court va- thanked these special interest groups eralist Society nominees decline to tell cancies. for putting together his list of 21 Su- us this meaning when there is litiga- Judge Thapar is well known to the preme Court candidates, and Mr. Leo tion underway affecting President Federalist Society. He was a member of was the first person to call Neil Trump? that organization prior to becoming a Gorsuch about his nomination. I asked Judge Thapar about his deci- district court judge, and since he be- As Jeffrey Toobin wrote, Leonard sion in Winter v. Wolnitzek. This was a came a judge he has spoken at Fed- Leo: ‘‘knew how to play the game—how major campaign finance decision in eralist Society events 17 times. to find a nominee who met Trump’s which he applied strict scrutiny to in- Some of my colleagues on the Repub- ideological requirements as well as his validate a ban on judges making polit- lican side are like Captain Renault in own, while observing the proprieties ical contributions. A unanimous Sixth Casablanca, who claimed he was expected for judicial nominees.’’ Circuit panel reversed his ruling.

VerDate Sep 11 2014 00:48 May 26, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.001 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3162 CONGRESSIONAL RECORD — SENATE May 25, 2017 A group of 24 campaign finance re- tual speech. Rather, the Court considers con- there are no women in that room from form organizations sent a letter say- tributing to a campaign a form of associa- the Republican side—13 male Senators ing: ‘‘Judge Thapar embraced the trou- tion or attenuated speech since the contrib- meeting in private. bling ‘money is speech’ paradigm in a utor does not control the content of the com- So to hear this suggestion from the munication resulting from the contribution. radical way that goes beyond Supreme If Judge Thapar had his way, wealthy do- Republican leader that the real prob- Court doctrine.’’ These groups oppose nors and special interests could be able to lem they are running into is that the his confirmation, and I ask unanimous give unlimited sums of money directly to Democrats are not helping, we were consent to have their letter printed in candidates for office. Thapar would make it not invited to this party. They are the RECORD at the conclusion of my re- even harder than it is now for everyday peo- meeting privately to come up with marks. ple to be heard and affect who runs for office, something, and I don’t know what it Given Judge Thapar’s evasiveness on who wins elections, and what issues get at- might be, but I have an idea of how we tention; and easier for powerful politicians can achieve a bipartisan real effort questions about his views, I am left to to make secret wink and nod deals with their judge him on his record, such as his richest contributors. when it comes to healthcare in Amer- troubling decision in the Winter case, Judge Thapar’s responses to questioning ica. and the fact that the Federalist Soci- on the subject during his hearing and in sub- I would suggest we create a com- ety and Heritage Foundation hand- sequent ‘‘questions for the record’’ did noth- mittee in the Senate. I have a name for picked him for their judicial wish list. ing to allay our concerns. In response to Sen. it, the Health, Education, Labor, and I need more reassurance than that to Klobuchar’s questions about why he applied Pensions Committee. I suggest we have support a nominee for a lifetime ap- strict scrutiny to the contribution ban, for 12 Republicans and 11 Democrats on example, Judge Thapar struggled to explain that committee. I suggest they sit pointment on the Federal court of ap- why he assumed (without analysis) that the peals. I will oppose his nomination. same standard should apply to contributions down, take the bill sent by the House, There being no objection, the mate- as to solicitations. and improve it, make it better. Now, rial was ordered to be printed in the The role of big money in politics became a this suggestion is such a good one that RECORD, as follows: central issue in the debate over Justice Neil the committee already exists. Gorsuch’s confirmation to the U.S. Supreme MAY 17, 2017. It is under the chairmanship of Court because the public cares deeply about SENATE JUDICIARY COMMITTEE, LAMAR ALEXANDER—whom I respect Washington, DC. this issue. To ensure that all voices are personally very much—and the ranking heard, not just those of powerful corpora- DEAR SENATORS: We the undersigned orga- member, PATTY MURRAY of the State of nizations write to oppose the confirmation of tions and wealthy donors, it is essential that we confirm judges and justices who under- Washington, a Democrat. I know, hav- Judge Amul Thapar to the United States ing spoken to Senator MURRAY, she is Court of Appeals for the Sixth Circuit due to stand that the Constitution gives we the peo- ple the power to protect our democracy from ready to roll up her sleeves and go to his troubling record on the issue of money in work to write a revision to the politics. big money. Unfortunately, Judge Amul Thapar does We are deeply concerned with the power of healthcare bill, the healthcare system not appear to see our pro-democracy Con- wealthy campaign donors in American poli- in America. stitution as the vast majority of Americans tics, and specifically with the aggressive role There have been no hearings, none, do—and for this reason we urge you to op- the U.S. courts have played in undermining on the measure passed by the House of pose his confirmation to the U.S. Court of our democracy by elevating the voices of a Appeals for the Sixth Circuit. Representatives. So when the Repub- wealthy few over the views of everyday Sincerely, lican leader says he wishes the Demo- Americans. American Federation of Teachers, Ameri- crats would join in the effort, this com- Much of the problem can be attributed to cans for Democratic Action, Center for mittee is ready and willing to work. I four decades of flawed Supreme Court rul- American Progress, Center for Emergent Di- ings. These decisions have twisted the mean- am sure, if he picked up the phone and plomacy, Class Action, Communications ing of the First Amendment and prevented called Senator ALEXANDER and Senator Workers of America, CODEPINK, Democracy our elected representatives and the people MURRAY, they could get to work on Spring, Demos, End Citizens United, Every from enacting reasonable protections doing a much better job than what the Voice, Free Speech for People, Friends of the against big money. In fact, nearly half of the Earth, Just Foreign Policy, Maplight, MAY- House of Representatives did. money in the 2016 federal elections—more DAY, National Association of Social Work- Why am I so critical of the House of than $3 billion—can be directly tied to a few ers, Participatory Politics Foundation, Peo- Representatives? Not because of the of the Court’s most damaging rulings. ple for the American Way, PeopleNow.org, traditional rivalry between the Cham- What concerns us about Judge Thapar’s Reverb Press, Small Planet Institute, United bers, but because yesterday the Con- record is that he has gone beyond the Su- for Democracy, Voices for Progress. preme Court’s directives in his antagonism gressional Budget Office took a look at towards basic rules designed to ensure we HEALTHCARE LEGISLATION the bill that passed the U.S. House of have a government that is of, by and for the Mr. DURBIN. Mr. President, I would Representatives 3 weeks ago by two people. like to address the comments that were votes. It was all Republicans voting for In Winter v. Wolnitzek, 186 F.3d 673 (E.D. made by the Republican majority lead- it. It passed by two. A number of Re- Ky. 2016), Judge Thapar struck down a prohi- er about the issue of healthcare. What publicans refused to support it. It had bition on judges making political contribu- he said today I have never heard him no support from the Democratic side. tions by applying strict scrutiny to this con- say before. He said it was the fault of It was an unusual bill because it tribution ban, in spite of the fact that the Supreme Court has been clear that contribu- the Democrats for refusing to work went out of the regular order of busi- tion limits and bans are to be reviewed under with the Republicans to change the Af- ness. The regular order of business sug- a lower form of scrutiny. The Sixth Circuit fordable Care Act. I had not heard that gests that when you are going to do overturned Judge Thapar’s ruling on this before. something that might have an im- point and reinstated the contribution ban. I find it an interesting suggestion be- pact—a large impact—on America, you Further, Judge Thapar embraced the trou- cause what happened after the House of should go to an agency that is a non- bling ‘‘money is speech’’ paradigm in a rad- Representatives passed a measure 3 partisan, expert in the field, that will ical way that goes beyond Supreme Court weeks ago to change the healthcare analyze your bill and tell you what im- doctrine, writing ‘‘there is simply no dif- ference between ‘saying’ that one supports system in America, the issue then pact it will have. Most of us think we an organization by using words and ‘saying’ came to the Senate but did not go have pretty good ideas for making that one supports an organization by donat- through the regular order of business. America a better place to live and good ing money.’’ It is my understanding—and has been ideas for legislation. Sen. Whitehouse pointed out in Judge reported widely in the press—that Sen- Luckily, we have something called Thapar’s Senate Judiciary Committee hear- ator MCCONNELL, the Republican lead- the Congressional Budget Office, which ing that ‘‘those of us who are in politics er, assembled a group of 13 Republican sometimes brings us back down to know that that is a false statement, that it Senators who have been meeting in pri- Earth and says: It might not work ex- is indeed a preposterous statement factually vate over the last 3 weeks to discuss an actly as you thought it would work. because money has a completely different ef- fect than speech once it enters the political alternative to the healthcare bill that Traditionally, bills—significant bills arena.’’ passed in the House of Representatives. that affect a lot of Americans and fam- The Supreme Court itself does not treat fi- There are no Democrats in that room. ilies and things important like nancial contributions as being equal to ac- None have been invited. Incidentally, healthcare—they are submitted to the

VerDate Sep 11 2014 03:57 May 26, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.002 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3163 Congressional Budget Office so they cans will be living in parts of this Moms told stories. One mom said: I can analyze them and decide the im- country where the individual market was changing my little girl, and I no- pact they will have. would become unstable as a result of ticed a lump in her abdomen. It turned Well, 3 weeks ago, Speaker PAUL the Republican bill. So instead of stabi- out to be a neuroblastoma cancer RYAN and Republicans in the House lizing the market and ending the so- tumor. It was removed. My little girl said something I had not heard before called death spiral, the Republican bill spent weeks, months in the hospital, in my service in Congress. They said: makes it worse. and she is still going back. We are not going to wait for this anal- It turns out that when you take a Each one of them told a story. As you ysis. We are going to vote on this bill close look at this so-called death spi- looked at these kids, smiling and even before the Congressional Budget ral, you find the Republicans have happy and bouncing around, you Office has a chance to analyze its im- their hands around the throats of the thought to yourself: Thank goodness. pact. Remember, we are talking about healthcare system of America choking Thank goodness for America, with its changing the healthcare system in it and claiming this patient is not great medical care, and thank goodness America, and that literally impacts looking good, Doctor. If they would these families had health insurance— every single American. It is one-sixth stop their efforts to sabotage the cur- because they were there concerned of our Nation’s economy. You would rent system and work to improve it about what the Republicans are doing think, before anyone was bold enough and make it stronger, then we could when it comes to preexisting condi- to suggest they wanted to change the save health insurance for a lot of tions. system, they would at least send their Americans and bring stability to the proposal to the Congressional Budget Because these kids have survived system. cancer, they are risky from an insur- Office for an analysis. The Republicans The Republican bill at its heart is ance viewpoint. We decided 6 years ago in the House failed to do so, refused to not about a healthcare bill, though, it to put an end to that worry for these do so, passed the measure by two votes, is about tax cuts. The Republican pro- families. You cannot discriminate and sent it to the Senate. posal for healthcare reform starts with against a person or a family in Amer- So, yesterday, the Congressional eliminating almost $900 billion in taxes ica based on a preexisting condition— Budget Office completed its analysis. paid by the wealthiest people in Amer- thank goodness—because one out of Now that we have an analysis of what ica. By taking $900 billion out of the three of us have a preexisting condi- is known as TrumpCare or the Repub- healthcare system, they are unable to tion. The Republican approach takes lican healthcare approach, it is pretty keep health insurance alive for so away that protection and says Gov- clear why they did not want the Con- many Americans. The Republican ap- ernors can ask for a waiver so health gressional Budget Office to take a look proach eliminates $834 billion in the insurance in their State can discrimi- at it. This is what the Congressional Federal Medicaid Program. What is the nate against people with preexisting Budget Office reported publicly last Federal Medicaid Program? Let me conditions. night: Next year, under the Republican give you three examples of what it is. proposal for healthcare reform, 14 mil- In Illinois today, half of the babies So three moms and a dad came yes- lion Americans will lose their health who are born are paid for—their med- terday and said: Please stop this Re- insurance. Over the next 10 years, 23 ical care is paid for by the Medicaid publican plan. What will our families million Americans will lose their system: prenatal care for mom so the do? Our kids have preexisting condi- health insurance. baby is healthy, the delivery of the tions. We cannot afford to see our pre- Do you remember when we started baby, and postnatal care afterward. miums go through the roof because the this conversation? The goal was to These are lower income individuals. Republicans withdraw this protection. make sure we changed the laws in Half of them are paid for by Medicaid That is the real-life consequence of America so more Americans would today, but that is not the most expen- this debate. This is not just about a lot have the protection of health insur- sive part of Medicaid. of politicians on Capitol Hill blowing ance. Just the opposite occurs if the The most expensive part of Medicaid hot air. It is about families—real fami- Republican plan goes forward. The sec- is for your mom and dad and your lies with real kids and real challenges ond thing we were looking for is a goal grandmother and grandfather who are and whether they are going to have in healthcare reform to reduce the in a nursing home and have no savings real protection when they need it. growth, the rate of growth, in health left. All they have is Social Security, insurance premiums. The Congressional Budget Office yes- Every one of us knows what that is Medicare, and Medicaid. That is the terday came out with a report and said all about. Health insurance premiums most expensive part of Medicaid. Those the measure that passed the House, the have been going up way too high for who are disabled living in my State, in Republican measure, is a disaster for way too long. The Republicans have Alabama, in New York, and other families across America. We have to been critical of the current system, States—disabled people and low-in- stop it. We have to do everything in saying the cost of health insurance is come people need medical care and our power to do it. I might say to my going up too fast. So they put in their they rely on Medicaid. friend from New York, the Democratic reform proposal which passed the So when the Republican healthcare leader, that when the Republican lead- House of Representatives. reform and repeal cuts $800 billion-plus er came to the floor this morning and Here is what the Congressional Budg- out of Medicaid, it is at the expense of said: Why won’t the Democrats join us et Office had to say about the Repub- the groups I just mentioned: babies and in repairing the Affordable Care Act? I lican approach: Next year, premiums moms, elderly people in nursing homes, say to the Republican leader: Open the for health insurance will increase by 20 and the disabled. Those are the ones door of that room where you have 13 percent in the individual market. That who will see a cutback in medical serv- male Republican Senators sitting down is the market where we have seen this ices so we can give a $900 billion tax and debating the future of healthcare. dramatic growth in costs already, and cut to the wealthiest people in Amer- Open the door, open the windows, and the Republican plan makes it worse. ica. let’s have an honest, open, bipartisan The third thing we find is this argu- I know the Democratic leader is here. conversation not about repealing our ment by the Republicans that somehow I want to yield the floor when he ar- healthcare system but making it the current healthcare system in rives, but I want to close by telling a stronger, protecting the very families America, the Affordable Care Act, is in story. Yesterday, I had three moms and who showed up yesterday at a press a death spiral. Listen to what the Con- a dad who brought their children to a conference and whom I am going to re- gressional Budget Office said about the press conference. It was a great press member for a long time. health insurance market in America conference, if I may say so. These kids I yield the floor. today. The CBO affirms that under cur- stole the show, as they should. Each rent law, marketplaces—health insur- one of them—each one of them had a RECOGNITION OF THE MINORITY LEADER ance marketplaces—are stable. compelling story about having survived The ACTING PRESIDENT pro tem- However, under the Republican re- a terrible illness. Many of them were pore. The minority leader is recog- peal bill, one out of every six Ameri- cancer victims. nized.

VerDate Sep 11 2014 03:57 May 26, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.004 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3164 CONGRESSIONAL RECORD — SENATE May 25, 2017 HEALTHCARE LEGISLATION was so dedicated to his family, we next several years. Consumers would Mr. SCHUMER. Mr. President, first, heard. He would regale us with many see their premiums increase by 20 per- let me thank my good friend from Illi- stories about them. cent for next year’s plans. Now, Repub- nois for, as usual, his articulate, com- He came up with great ideas. He was licans will crow about premiums going passionate, and outstanding work and a great sounding board for me. down in the outer years—years away. for the great job he and others did yes- So on behalf of all of us in the Sen- But the decrease in premiums occurs terday when they invited the people ate, we want to thank Bill for his long for only one reason: The quality of the here. I reiterate just what the Senator service to the Senate, for his role in insurance will plummet. If you have a from Illinois stated; that is, once they crafting legislation over three decades, barebones plan that hardly helps you, take repeal off the table—they are hav- and for his mentorship to other Senate where you have to pay huge ing real trouble with repeal—we want aides, old and young. He is retiring, but deductibles, huge copayments, and to sit down and make our healthcare his influence in this body will last long huge premiums and it covers next to system better. It is not perfect. No one after he has left. nothing, of course, the cost will even- thought it was. We all wish him well in this next tually go down. What good is that? It is better than it was. Many more phase of life, where, hopefully, he will Why even talk about that kind of people are covered. Preexisting condi- be able to spend more time where he healthcare? People don’t need it and tions, college kids—kids get out of col- enjoys it the most—at home with his don’t want it. Cheaper insurance isn’t lege, and they get healthcare. All of family. going to help anyone if it doesn’t actu- that is better. We don’t want to get rid TRUMPCARE ally lead to the healthcare people need. of everything, but we want to improve Mr. President, another matter— Listen to this one. Older Americans— it. We are working. Forty-eight Sen- healthcare. Yesterday, the Congres- everyone in America 50 to 64 who ators, as my colleague from Illinois sional Budget Office, led by a Director doesn’t have a lot of income, making knows—every Democrat signed a letter who was handpicked by current HHS say $25,000 a year—TrumpCare is going to Leader MCCONNELL saying we want Secretary Tom Price, Donald Trump’s to force you to pinch pennies just to be to work with you to improve this sys- appointee, released its analysis of the able to afford health insurance. The tem, not to sabotage the existing sys- House Republican healthcare bill— CBO report says that some seniors tem, not to repeal the good things we TrumpCare. could see their premiums go up a whop- have but to improve it. The report makes clear that ping 800 percent under this bill. And we have gotten no answer in TrumpCare would be a cancer on the In one of the newspaper articles I that regard. American healthcare system—causing saw, I think the senior citizen was in TRIBUTE TO BILL DAUSTER costs to skyrocket, making coverage his early sixties. They were making Mr. President, I have just a few unaffordable for many seniors and about $25,000 or $30,000 a year—not un- words first about Bill Dauster, some- those with preexisting conditions, all usual for a senior of that age—and one who has labored long and hard and the while leaving 23 million fewer their premiums went up from $1,700 to well in this body. We depend on our Americans with health insurance. $13,000. How are you going to vote for hard-working staff. I am so blessed to Now, when people hear this, they say: that, my friends, telling these people have such a great, dedicated, loyal, Why would the Republicans want to do who have worked hard their whole lives hard-working, smart staff. One of their it? That just seems mean-spirited. that they have to pay a lot more and a best traits is that they are not afraid Well, I will tell you why: because their lot of that money is going to wealthy to tell me when they think I am off No. 1 goal is to give a tax break for the people for a tax cut? base, and it helps keep things going wealthiest of Americans. People mak- What about out-of-pocket expenses? right. ing above $250,000 pay an additional By the way, out-of-pocket expenses Well, Bill Dauster was one of the charge to help everyone else with really bother people. How many of us great staffers I have met in all the healthcare on their unearned income— have heard over and over again: I have years I have been here in the Senate. not on what they do when they are healthcare, and, when I went to the He worked, of course, for Harry Reid, working, but on stocks, bonds, and in- doctor, they said: You, first, have to my dear friend. He is now working for vestments. The No. 1 goal of our col- lay out $5,000. How many of us have Senator VAN HOLLEN, but he will be re- leagues across the aisle, sadly, is to heard that? Everybody. The Republican tiring tomorrow. help those very rich people get even bill makes it worse. Now, Bill was Leader Reid’s deputy richer. According to the CBO report, out-of- chief of staff for policy for many years. Now, to do that, they have to take pocket costs could balloon for vital Before that he worked for the Budget away people’s healthcare. To get the services in States where they decline Committee, the Finance Committee, money for those tax breaks, they take to cover essential health benefits. and for Senator Feingold of Wisconsin. away people’s healthcare. So the bot- Americans could be paying thousands The list of legislation that Bill has tom line is very simple: Unless you are of dollars more every year if they need worked on is long and illustrious. He a healthy millionaire, TrumpCare is a maternity care or programs that treat was known as a great friend and men- nightmare. I think that is why our Re- substance abuse or mental health serv- tor to his colleagues wherever he went. publican colleagues are having such ices. In Reid’s office, he was jokingly trouble putting together their own bill, Listen to this one. According to re- called ‘‘the butler’’ because he was con- because, as Senator DURBIN has noted, ports, in States that elect not to in- stantly trying to help other members they have excluded us from their nego- clude maternity care, which every of the staff. Senator Reid’s staffers tiations. State could elect to do under the Re- fondly remember Bill Dauster during Well, the CBO report ought to be a publican bill—and many will—insurers the final days of the debt ceiling nego- final nail in the coffin of the Repub- would most likely sell maternity bene- tiations, running in and out of Senator lican effort to sabotage our healthcare fits as an add-on at $1,000 a month— Reid’s office as he rushed to go meet system. Republicans in Washington $17,000 more in total. Under with younger staffers on the Hill who and the President should read the re- TrumpCare, women may well have to were sent to him for advice. Even on port cover to cover, throw their bill in pay more—much more insurance—just his busiest days, Bill made time for the trash can, and begin working with because they are a woman, because of others. Democrats on a real plan to lower costs pregnancy. So costs go up, up, up. If, In an industry in which many rub and improve care. God forbid, this bill becomes law and shoulders and network after work, Bill There is a lot to unpack in this re- costs go up, any citizen of this country was a different kind of guy. He was port. It came out late yesterday. So I should go to their Senators who voted known to give the same response to want to focus on a couple of provisions for this and say: What the heck did you any coworker who asked him to come this morning. do? You made it worse. to a social event. He would repeat: I First, on health insurance costs, the Now, uncertainty in the market is love you, but I love my family more, CBO report makes clear that premiums the second issue. The CBO report con- and I need to be home with them. He under this bill are headed up in the firms that the Republican attempts to

VerDate Sep 11 2014 00:48 May 26, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.005 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3165 repeal the Affordable Care Act and the has cancer, but the insurance company make sure we sustain and preserve and Trump administration’s refusal to won’t cover me, or I got kicked off and enhance our democracy. Part of that guarantee to continue making cost- I have to watch her suffer because I democracy is indeed the rule of law, as sharing payments is causing the insta- can’t afford the treatment, the pay- well as protecting the institutions that bility in the market. ments. It is horrible, heart-wrenching. make us great as a Nation, including Here is what the report says. Now, It is going back to those days under our elections system and its integrity. this is the report put out by the Repub- this bill, unfortunately. Today should also be a time to ob- lican-appointed head of the CBO. So This report ought to be the final nail serve and commemorate the continued this is not some Democratic propa- in the coffin of the Republican effort to respect for the law that makes us ganda-type document. These are ‘‘just sabotage our healthcare system. It will great. Part of that respect was dem- the facts, ma’am,’’ as Mr. Friday said. make much more certain that sick peo- onstrated recently when the Deputy Here is what the report says: ‘‘Substan- ple are priced out of insurance compa- Attorney General appointed a special tial uncertainty about the enforcement nies, that the most vulnerable are left counsel to investigate possible coordi- of the individual mandate and about high and dry when they need care the nation between the Trump administra- future payments of the cost-sharing most, when there is an illness in the tion and the Presidential campaign subsidies’’ have led insurers to with- family. with the Russians as they interfered draw from the current marketplace. Is that the sort of healthcare system with those democratic institutions. AHIP—that is the biggest organiza- our colleagues envision for this coun- Make no mistake, there is consensus tion of our Nation’s insurers, the insur- try? When you are sick, when one of and unanimity in the intelligence com- ance companies; they are non- your family members is sick, is that munity, and more broadly among us in partisan—said the same thing. when they are not allowed to give you this body, that the Russians purpose- Why, if our colleagues want more healthcare? What in the heck do you fully and relentlessly interfered in the people to stay in the market and are have it for? 2016 election through a cyber attack on complaining that people are leaving I certainly hope that is not the idea this Nation. In my view, it was an act the market, don’t we come together— on the other side of the aisle, but this of cyber warfare. hopefully, with the President, who bill that the House passed would do it. The questions now are who and how thinks that he could do this on his In conclusion, the nonpartisan score- in the Trump team may have colluded own—and say: We are going to make keepers have spoken loudly and clear- with the Russians in that illegal, out- this cost-sharing permanent. We all ly—no ambiguity. TrumpCare means rageous activity and, indeed, whether know insurers want certainty in the fu- higher costs and less care for the there has been obstruction of justice ture or they pull out. That is what the American people, the average Amer- since then. Mounting evidence indi- insurance business is all about. Yet, ican. Let’s not lose sight of what is at cates that there has been. I have joined many of my colleagues grudgingly, one little step at a time, stake here. The health and well-being in praising the appointment of a spe- they don’t take away the cost-sharing of the American people is on the line. cial prosecutor because it is vitally because they know the damage it There are life-and-death consequences necessary for a fair and impartial, as would do—this is President Trump— for so many millions of people. They well as aggressive, investigation. The but they are afraid to make it perma- are relying on us to get this right. So for the good of the country, Presi- special prosecutor must follow the evi- nent and that causes problems. dence wherever it leads, and I have So there is only one word for what dent Trump and our Republican col- confidence that Bob Mueller is the the President is doing and our Repub- leagues should abandon TrumpCare, right person for this assignment. He lican colleagues are doing when it stop sabotaging the healthcare system, and work with Democrats—we are has the grit and backbone to stand up comes to the present healthcare sys- to pressure. He has the prosecutorial tem—sabotage. If our Republican waiting—to fix our healthcare system, not pull it from under them. experience and expertise to conduct a friends continue to allow the President truly professional investigation. to play coy about these cost-sharing MEMORIAL DAY I called for a special prosecutor back payments—which bring premiums Mr. President, finally, I have one in February. I was one of the first, if down, which bring costs for average more note. It is Memorial Day. I want not the first, among our colleagues to citizens down—as a potential threat, if to take a moment to express my deep do so because the conflicts of interest we don’t make cost sharing permanent, and abiding gratitude for the men and raised by the recusal of the Attorney the system will deteriorate. Again, it women in our armed services who gave General and the potential involvement will be on the President’s back, on our their last full measure of devotion in of the Deputy led me to think that colleagues’ backs. I hate to say that, defense of our Nation and our liberty. such an appointment was absolutely but those are the facts. In big cities and small towns necessary. We want to make it permanent. We throughout America and in my home I now call on the President to sup- tried to put it in the appropriations State of New York, we will honor our port this investigation. With the ut- bill, to make it permanent, which fallen veterans and pay tribute to most respect for the Office of the Presi- would have kept costs low or kept peo- them. We will give a hug to the Gold dent, it should be unnecessary to call ple in the exchanges. Our colleagues Star moms who have made the ulti- for that cooperation and support. My said no. mate sacrifice. May we never forget hope was that the President would say Finally, as to preexisting conditions, their sacrifice so that we may enjoy as soon as the appointment occurred the CBO report states: the blessings of freedom. that he would indeed cooperate. But, People who are less healthy would ulti- Since the founding of this country, instead, he has continued to charac- mately be unable to purchase comprehensive since the farmers on Bunker Hill put terize this investigation as a witch non-group health insurance at premiums down their plows and took up muskets, hunt and a charade. He has demeaned comparable to those under current law, if Americans have been willing to make and disrespected it and indicated that, they could purchase it at all. that ultimate sacrifice for our great if anything, there will be less than full Let me repeat the last part of the way of life, our freedom. May we never cooperation. That would be a grave dis- CBO report written by an appointee of forget them. service to our democracy and to the our Republican head of HHS: ‘‘if they I yield the floor. American people. could purchase it at all.’’ Think about The PRESIDING OFFICER (Mr. SUL- The integrity of our electoral system that for a minute. LIVAN). The Senator from Connecticut. is bigger and more important than any Under TrumpCare, if you have a pre- RUSSIAN INVESTIGATION single electoral contest or even any oc- existing condition, if you are sick, your Mr. BLUMENTHAL. Mr. President, I cupant of the White House. It is about health insurance costs could go up so join my colleague from New York in the freedom and independence of this high that you can’t afford insurance. expressing the special respect and pas- Nation, something we cherish and cele- Before the new healthcare law passed sion that we all feel in honoring this brate on this Memorial Day weekend. under President Obama, how many of great holiday that remembers the serv- I urge President Trump to dem- us heard from families: My daughter ice and sacrifice of great Americans, to onstrate his adherence to the rule of

VerDate Sep 11 2014 03:57 May 26, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.007 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3166 CONGRESSIONAL RECORD — SENATE May 25, 2017 law by cooperating and articulating Security Adviser Michael Flynn had former CIA Director John Brennan be- fully his cooperation with this inves- lied to officials about discussing sanc- fore the House Intelligence Committee. tigation. I hope that not only Presi- tions with the Russians and was vul- He said that before he left office, he be- dent Trump but all of his associates nerable to Russian blackmail. The came deeply concerned that Russian will do so and that they will provide White House waited 21⁄2 weeks to take intelligence services were attempting whatever testimony and documents are action and did so only after a March 9 to manipulate Trump associates to in- necessary to complete this investiga- Washington Post report and, in fact, fluence the Presidential campaign. He tion as quickly and effectively as pos- days after Sally Yates’ warning, fired noted that many Russian contacts of sible. her. individuals linked to the Trump cam- I also believe that the Attorney Gen- We also know that Director Comey paign emerged in those reports. The eral of the United States owes the was warned or asked—in fact, de- Washington Post reported that Comey American people his adherence to the manded by President Trump that he had informed Congress about the FBI rule of law by committing himself to pledge his loyalty and that he would be Russia investigation late in March and follow the guidelines that respect the in jeopardy of losing his job if he did that Trump had asked Director of Na- press. Indeed, we would know very lit- not. Shortly thereafter, the President tional Intelligence Daniel Coats and tle, if anything, about many of the clearly expressed to Director Comey National Security Director Michael events that prompted the appointment his sense of that warning when he Rogers to push back on that investiga- of a special prosecutor without the free asked Director Comey to shut down, in tion—in effect, to clear the President— press reporting development after effect, the Flynn investigation. As we and deny Trump campaign collusion event after development that have led all know, Director Comey resisted both with the Russians. According to this to this day. of the President’s requests. report, both officials, to their credit, There are guidelines and regulations In early March, following sharp criti- refused to do so. that protect the President against any cism about his failure to disclose meet- In the Armed Services Committee, I kind of compulsory process or punish- ings with Russian officials under oath, asked Director Coats whether he dis- ment. If there is punishment to be ac- Attorney General Jeff Sessions recused cussed with Director Rogers any at- corded to lawbreakers, the press should himself from the Department of Jus- tempts by the administration to inter- be recognized for the special role they tice investigations. fere with the investigation. He refused have in our democracy and the special Later that month, President Trump’s to answer—a pause and silence that protections, the constitutional guar- son-in-law, Jared Kushner, became the spoke volumes. antee they enjoy under the First third high-ranking Trump administra- Revelation after revelation shakes Amendment. There are guidelines tion official caught misrepresenting our confidence in this administration’s under 28 CFR 50.10 that provide legal potentially his ties to an admitted truthfulness and confidence. This in- guidance and regulations that should meeting with Russian officials from his vestigation by the special prosecutor is be observed, and I hope that the Attor- security clearance application. vitally necessary. ney General will demonstrate in deed On May 9, President Trump fired FBI We must not lose sight of the damage and word his adherence to those guide- Director James Comey, a stunning that has already been done. These re- lines rather than threatening to lock event amidst these unprecedented rev- ports paint a deeply disturbing picture up reporters—as the President has un- elations. After clumsy and contra- of possible obstruction, a mosaic pieced fortunately done currently in conversa- dicting explanations seeking to ad- together by facts that show not only tions with Director Comey—or pun- vance a false narrative that the firing events and conversations but also mo- ishing them. was a result of Director Comey’s han- tives. After a series of these events and Whatever the violations of govern- dling of the Hillary Clinton email mat- conversations, they can no longer be ment officials may be, there should be ter, the White House essentially aban- seen as isolated or accidental or inad- an articulate, clear, and explicit adher- doned that conflicting series of stories, vertent. The cumulative effect, like ence to those regulations by the Attor- and President Trump admitted publicly threads in a fabric, is to establish a ney General. that he was thinking about the FBI’s picture of motive, intent, mens rea, Let’s take a moment to go through Russia investigation when he decided and criminal activity. where we are right now. to fire Comey. He boasted the next day Special Counsel Mueller must have Last July, after a disturbing series of in his meeting with the Russian For- the mandate and all of the funding and reports suggesting the attempt by a eign Minister that he felt greatly re- resources that he needs to follow the foreign power to influence an American lieved of pressure resulting from that facts wherever they may lead—re- election, the Federal Government investigation. sources, independence—but also sup- began to investigate the Russian Gov- The New York Times has reported port. ernment’s interference in the Presi- that Comey was seeking increased That is why, again, I call on the ad- dential election. funding and resources to expand the ministration to express its support and We learned just yesterday from a Russia probe. The Times also subse- its intention to cooperate. published report that this activity in- quently revealed that Director Comey This kind of investigation can mean cluded conversations among Russian had discussed with others and wrote the difference between the upholding of officials regarding how best to sway in- memos detailing how President Trump our democratic institutions and plac- dividual Trump officials and that the asked him to pledge his loyalty and ing them in jeopardy. Therefore, I urge FBI’s early handling of this matter shut down the Federal investigation that we as a body remain vigilant and may have been influenced by an unreli- into Mr. Flynn. continue the Judiciary Committee’s able document traceable to Russian in- We must wait for all the facts to oversight, inquiry, and investigative telligence—a form of interference in emerge, but even if only some of these activity so as to assure that we know our justice system that is stunning. reports are accurate, the conclusion is the reasons then-FBI Director Comey In December of 2016, U.S. intelligence almost inescapable that the President was fired—we have that responsibility officials concluded that the Russians of the United States fired the FBI Di- as a matter of oversight—and continue had orchestrated the theft of electronic rector in an attempt to shut down the that kind of scrutiny in order to assure materials from the Democratic Na- investigation into ties between his as- the independence and resources the tional Committee and John Podesta in sociates, including Michael Flynn, and special prosecutor needs. Likewise, the an attempt to undermine Hillary Clin- the Russian Government. The names of Intelligence Committee’s activities are ton’s Presidential campaign. The these associates have been well docu- absolutely necessary. Obama administration responded by mented—Paul Manafort, Roger Stone, Almost certainly, the special pros- implementing sanctions on the Russian Carter Page, as well as Michael Flynn. ecutor will produce no report or elabo- Government. There is, unfortunately, more. Just rate public explanation. He will bring Shortly after President Trump took in the past few days, additional dis- criminal charges if they are warranted office, Attorney General Sally Yates turbing facts and press reports have by the evidence. He will seek convic- warned the White House that National surfaced, including testimony by tions in court if those prosecutions are

VerDate Sep 11 2014 00:48 May 26, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.009 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3167 justified under his finding. A report OPIOID CRISIS make it easier for prosecutors—the with recommendations and finding as Ms. KLOBUCHAR. Mr. President, I Presiding Officer is a former pros- to how we can avoid this kind of inter- join my colleagues in speaking about ecutor—to prove up cases with ana- ference with our democratic institu- the opioid crisis that has devastated logue drugs, which is when perpetra- tions in the future must be the work of families in States across the country. tors basically take a substance, change the Intelligence Committee and of an I thank my colleague, Senator it a little, and then say: Hey, it is a independent commission, which I have MANCHIN, for organizing the speeches new drug. Then it makes it harder for supported. An independent, bipartisan today. the Feds to go after it, and you have to commission can do the kind of public, In my State, deaths from prescrip- prove it up in court. transparent, vigorous, and independent tion drug abuse have now claimed the So we are making some changes to work that is necessary, just in the way lives of more Minnesotans than have our law to make it easier, especially in that we have done in the wake of other homicides or car crashes. We lost our rural areas, where they are not going crises. beloved Prince because of an opioid to be able to get a medical doctor in to I urge that we proceed on all of these overdose, which is still being inves- prove up what the substance is in order fronts. They are vital to our democ- tigated. Just as importantly, we lost a to make it easier to prove these cases. racy. They are an essential, inex- student in Duluth and a mom in Roch- These are all very good ideas, but tricable part of freedom, the rule of ester, MN—over 400 people in just the what we are here to talk about today is law, and freedom of the press. last year. We continue to see dangerous the issue of the funding and what will I hope that the press will continue its synthetic opioids shipped across our happen if we do not have the funding unfettered use of its First Amendment borders in increasing amounts—a trend for treatment. We did a good job with freedom to give us the truth and to that the U.S. Customs and Border Pro- the Cures Act last December, in which continue those reports that have tection expects to continue, as we we made $1 billion available over 2 brought us to this day, because the heard in a Judiciary Committee hear- years, as well as the work that was truth will be uncovered in the course of ing last week. done on a bipartisan basis with the the criminal process. It will be uncov- Today, I joined Senator PORTMAN in budget for the rest of the year. I con- ered by the Intelligence Committee his subcommittee on Homeland Secu- sider those good signs. and, hopefully, by an independent com- rity and Governmental Affairs, and we Unfortunately, the budget and the mission. The essential role of the free talked about what is going on from CBO score of the healthcare repeal bill press in fostering government account- that perspective as well. that was released this week—the bill ability is recognized by existing regu- While there is more work to do to that came over from the House—shows lations, and the Attorney General of combat this epidemic, first, I recognize us that we are at risk of working back- the United States should leave no con- that we have made some meaningful wards on this issue. According to the nonpartisan Con- fusion that the Department of Justice progress on a bipartisan basis. We gressional Budget Office, mental will adhere to those regulations. passed the CARA Act, which is some- health and substance abuse benefits Indeed, 28 CFR 50.10 recognizes the thing that was led by Senators ‘‘essential role of the free press in fos- could be cut under the healthcare bill, PORTMAN, WHITEHOUSE, AYOTTE, and which would increase out-of-pocket tering government accountability’’ me. We set a framework up for the Na- and, therefore, sets parameters and costs by thousands of dollars for those tion, and I look at it in three ways. who need these vital services. This is procedures, for approval by the Attor- The first way is that we have to do ney General of the United States, on top of the $839 billion in cuts to everything we can to prevent addic- Medicaid under the bill and additional under standards that are set forth for tion. That means changing some of our any government action that may, in cuts in the President’s budget of more prescription practices across the coun- than $600 billion to Medicaid and the any way, inhibit or impede the press. try. Do you really need 30 pills when We will probably never know the real Children’s Health Insurance Program, you get your wisdom teeth out? It is impact of Russia’s intervention in the even though these programs cover 3 about asking those questions and outcome of the 2016 election. These in- out of every 10 people who have an changing those practices. vestigations are not about assessing opioid addiction. This would be dev- The second thing would be to look at the impact. They are about deter- astating for so many, if these budget prescription drug monitoring. Senator mining who participated criminally cuts took effect. PORTMAN and I have a bill that would with the Russians in that interference. I would like to do more. I would, ac- make it mandatory for States to share The American people deserve a thor- tually, like to pass the LifeBOAT Act, their data across State borders. I found ough and impartial investigation into which Senator MANCHIN introduced and a guy in Moorhead, MN, through his the Trump team’s ties to that inter- I am a cosponsor. That would simply rehab counselor, who had 108 different ference and the effort by President put an extra fee on some of these prescriptions for opioids from some- Trump and others to cover it up. opioids so that the people who have In the wake of Watergate, the saying thing like 80 different doctors in 50 dif- been reaping the profits from these arose that the coverup was worse than ferent cities. He went from North Da- drugs would be helping to pay for the the crime. It was then, and it would be kota to South Dakota, to Minnesota, treatment. I think that is a great idea. worse—or at least as heinous—in the to Wisconsin. That is why sharing that Unfortunately, this budget takes us crime here. Make no mistake that the data would greatly reduce that doctor the other way. crime is, actually, a theft of our de- shopping. It eliminates programs that help mocracy—an interference by the Rus- I see here the Senator from Texas, rural communities build hospitals and sians in our democratic institutions— Mr. CORNYN. Senator CORNYN and I led get access to vital telemedicine serv- which they will repeat if we do not a bill years ago to make it easier for ices. It cuts critical medical research make them pay a price and, likewise, if people to throw away their leftover that is happening at the NIH—just we do not make the Americans who co- prescription drugs so they would not when, at the end of last year, we added operated with them pay a price as well. get in the hands of those who should that money to the NIH’s funding. It This principle is central to our democ- not be taking them. Those are ideas for was shown just in the last month that, racy and our rule of law. reducing that demand. with the budget for the rest of the In closing, I urge my colleagues to Then you go to the next area, which, year, we have continued that positive join me in calling for the cooperation of course, is that of trying to reduce trend. The budget also doubles down on of the Trump administration as well as the illegal drugs from coming in, like other cuts that would hurt small towns for recognizing the importance of the with the STOP Act, which Senator and rural communities, which would investigation—its independence, its re- PORTMAN and I introduced, making it impact jobs and opportunities. It elimi- sources—for the free press and the rule harder to get these drugs in through nates rural business programs, which of law. the Postal Service, and doing more have helped to create hundreds of thou- I yield the floor. with law enforcement. By passing the sands of jobs. It cuts rural housing pro- The PRESIDING OFFICER. The Sen- SALTS Act, which is a bill that Sen- grams and infrastructure grants and ator from Minnesota. ator GRAHAM and I introduced, it will loan programs.

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.011 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3168 CONGRESSIONAL RECORD — SENATE May 25, 2017 Altogether, these cuts not only crease in annual premium prices since better deal on the exchange since her threaten the progress we have made in ObamaCare took effect, and I mention insurance costs kept going up and up fighting against the opioid crisis, but that in the aggregate. and up. She said the deductible she they also threaten the prosperity of Let’s look at places like Texas. In would have gotten was $6,000 a year. the rural communities, which have Texas, the average monthly premium Add that to higher premiums, and she been the hardest hit. We need a budget jumped from $222 in 2013 to $404—about said ObamaCare was too high to even that helps and not hurts rural America. an 82-percent increase. If you are a think about changing to. We have a lot of work to do. I appre- young person buying health insurance, ObamaCare has had so many negative ciate, again, the work of our Demo- a young family or anybody, for that ripple effects throughout our entire cratic and Republican colleagues in the matter, spending $222 a month and it economy. It restricted the number of Senate. As we have shown with the jumps 82 percent, to $404, that is a big hours people can work because of the budget—from last month through the bite out of your disposable income. employer mandate. It raised taxes, de- rest of this year—we have put some That is pretty bad, there is no question pressing economic activity and common sense in there and have done a about it, but Texas wasn’t close to growth—things like the medical device good job and have gotten a lot of bipar- being the hardest hit. tax. The medical device industry is one tisan support. My hope is that we will For example, in Wisconsin, premiums of the most innovative, lifesaving in- do the same thing here and make a have almost doubled. In Montana, they dustries in our country and literally in smart budget and reject the one that have gone up 133 percent. In some the world. Yet ObamaCare imposed a has been proposed by this administra- States, the premiums have actually medical device tax and chased those tion and come up with something much tripled. As I said, the average indi- jobs and the innovation that goes along better that helps and not hurts the peo- vidual premium has more than doubled with them offshore. I remember one of ple of our States. in the 39 States using healthcare.gov— my constituents from Dallas, TX, said an increase of 105 percent since 2013. I yield the floor. they had a location in Costa Rica, and That is not the only problem with The PRESIDING OFFICER. The ma- as long as the medical device tax ap- jority whip. ObamaCare. This year, one in three counties across the United States have plied to things they did in Texas and in HEALTHCARE LEGISLATION just one insurer on the ObamaCare ex- the United States, they were going to Mr. CORNYN. Mr. President, I want take their business and build it in to spend a little bit of time today talk- change. In other words, ObamaCare has gotten it so wrong that the risk pools Costa Rica for one reason and one rea- ing about how badly ObamaCare is fail- are mainly people who are older and son alone; that is, to avoid this crush- ing the American people and how my who need healthcare more, and many ing tax. Republican colleagues and I are work- younger people—young, healthy people The result has not been good for the ing to repeal and replace it with who are important in the risk pool to economy, and it has not been good for healthcare that works. I wish I could help bring premiums down for every- healthcare. Many folks can’t find any say that Democrats and Republicans body—are simply taking a walk. This reasonable insurance that will actually were working together to replace it isn’t the mark of a healthcare law that pay for what they want. They can’t af- with healthcare that works. Unfortu- is working for the American people or ford what insurance they do have, and nately, our Democratic colleagues have helping our country grow healthier. It they feel hopeless and helpless as the taken a walk on this particular topic is the mark of a law that is actually rates keep climbing. and, apparently, are not interested in hurting families by giving them fewer Because I know these stories apply participating. options at a higher cost and failing to not only in Alaska or in Texas, they Even though 30 million Americans re- deliver on any promises. We wonder apply all across the country, one would main uninsured under ObamaCare, the why people are cynical about their own think we would have Senators on both individual market—where people buy government. Well, it is because of sides of the aisle clamoring and work- their health insurance if they do not promises made and promises not kept, ing together to try to come up with have employer-provided coverage or and ObamaCare—I have said it before some solutions, but, once again, it is government-provided coverage—is in a and I will say it again—is one of the stony silence from our colleagues death spiral. This was confirmed by a biggest examples of consumer fraud I across the aisle. study by the Department of Health and have ever seen in my lifetime. As my constituent rightly pointed Human Services. It was also the sub- We are talking about real-world con- out, so much of their income is now ject of a Wall Street Journal article sequences here. My colleagues on the going toward premiums and other today that makes the point that aver- other side of the aisle like to talk healthcare costs, she said she and her age premiums in the individual market about how many people would be po- husband feel like they are actually have increased 105 percent since 2013 in tentially hurt by repealing and replac- being robbed. That is why we believe, the 39 States in which the ObamaCare ing ObamaCare. Of course, that is pure- on this side of the aisle—I wish I could exchanges are federally run. This ly speculative. They are making it say on both sides of the aisle but cer- translates into $3,000 more out-of-pock- harder because they refuse to partici- tainly on this side of the aisle—that we et for middle-class, hard-working fami- pate in this process, but we are deter- need to find a solution that works for lies—a 105-percent increase in pre- mined to make sure we bring premiums our country. miums since 2013. down and make health insurance more So here is an open invitation to any I dare anybody to say ObamaCare is affordable for those who want to buy of our colleagues in either House of working as it was intended. All one has it. Congress: Please come work with us, to do is look back to President Let me talk about concrete examples not for our benefit, not for any polit- Obama’s very words, when he said: If of people terribly affected by the ical gain or advantage but because it is you like your doctor, you can keep ObamaCare healthcare law. One of my the right thing to do. That is why we your doctor; if you like your health in- constituents wrote me a few weeks ago get elected. That is why we serve, not surance policy, you can keep that. He and said she and her husband got their to engage in petty politics but to actu- also said: Oh, by the way, we are going insurance from her husband’s job, but ally do things that help our constitu- to save you money too. A family of since ObamaCare came into effect, ents. four will save $2,500 a year. Contrast their premiums have tripled, and she This isn’t just a red-State problem. I that to the $3,000-a-year increase since estimates their deductibles have dou- pointed that out earlier when I ref- 2013 in the individual market—a 105- bled. What is also frightening is that erenced Wisconsin and Montana. This percent increase. her prescriptions have skyrocketed is a problem that confronts our entire As I said earlier, this week the De- too. As an example, an inhaler that country. partment of Health and Human Serv- previously cost her $35 now costs al- So we are going to continue to keep ices released a report that underscores most 10 times that amount—well over working on a bill that repeals this the negative impact ObamaCare is hav- $300. ObamaCare disaster and replaces it ing on families across the country. The Given the outrageous costs, this with patient-centered, accessible report highlights the incredible in- Texan decided to see if she could get a healthcare that make sense for the

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.012 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3169 American people. I hope our colleagues erage—the Congressional Budget Office to be. We are not interested in having on the other side of the aisle come points out what I think is pretty obvi- a discussion about big tax breaks for around to join us because we do intend ous. If you take the gun away from millionaires, billionaires, insurance to get this done. people’s heads and you don’t force companies, and drug companies. I just want to read a couple of other them to buy a product they really Let’s be honest. If Republicans were excerpts from this Wall Street Journal don’t want, fewer people are actually serious about working with Democrats, editorial today. They talk a little bit going to buy it because it doesn’t suit we wouldn’t be using an arcane Senate about how to read the CBO report. The their needs, and it is not available at a rule which allows them to push Congressional Budget Office, as the price they can afford. As the Wall through a bill with 50 votes. If Repub- Presiding Officer knows, really has the Street Journal points out, without the licans really wanted to work with final word on interpreting, from an of- threat of government to buy insurance Democrats on healthcare reform, they ficial standpoint, what the impact of or else pay a penalty, some people will would do it through normal business. If proposed legislation would be, but I conclude that ObamaCare coverage Republicans were really serious about have to say this is far from the holy isn’t worth the price, even with the working with Democrats on healthcare writ. subsidies. reform, they would be going through Here is a good example. In this arti- Sometimes I wish we would have regular order and going through the cle, they point out ObamaCare cov- honest and open debates about the committee process. erage estimates—CBO estimates for problems that confront our country, Whatever we want to think about the ObamaCare coverage by year in mil- and certainly healthcare is something Affordable Care Act, it went through lions of enrollees. For example, in 2013, near and dear to all of our hearts. Too the committee process. I think 160 Re- they projected that 7 million enrollees often I feel as though we are ships pass- publican amendments were accepted in would enroll in ObamaCare, and it was ing in the night or reverting to our the Health, Education, Labor, and Pen- 6 million. That is not too far off, but talking points rather than having an sions Committee in 2009. The Finance let’s look at 2015. In 2015, they said 13 open and honest discussion. This is an Committee held multiple meetings. million would enroll, and 11 million en- area where we can benefit from an open The bill was on the floor of the Senate rolled. Again, that is ballpark, but and honest discussion and an acknowl- for a month. Republicans are jamming then we go to 2016. They predicted that edgment that the status quo is this bill through—no committee proc- 21 million people would enroll in unsustainable. ess, no committee meetings, no com- ObamaCare. Do you know how many If Hillary Clinton were President of mittee markups, no open-floor process. enrolled? Twelve million. They missed the United States today, we would be Even Senator CORKER called out his it by almost 50 percent. That is not revisiting ObamaCare because the indi- own party and said that this is no way close. Then, in 2017, they projected it vidual market is, as I described earlier, to rewrite one-sixth of the American would be 15 million, and it was 10 mil- failing. It is failing. I am confident our economy—13 male Republican Sen- lion. colleagues across the aisle would be ators, behind closed doors, in secret. I say that not to disparage the Con- eager to try to step forward to address Democrats are desperate to work gressional Budget Office because I that, but because the candidate they with Republicans on fixing what is know they are doing the best they can, did not choose won the Presidency, wrong with our healthcare system. Not but it is hard to predict the future, and then they are in full-blown resistance, every problem has been fixed, but we it is also hard to predict how markets not offering to lift even a finger to try are not going to start with 17 million will work and how people will respond to help us solve this problem, and it is people losing healthcare or rates going to the incentive of more choices and a shame, but it is not too late. up by 20 percent. And we want to do it lower costs. We invite them again to join us as we in a way that is transparent to the This is not a red-State or a blue- repeal and replace ObamaCare, pro- American public, where everybody can State issue because, as I mentioned, in viding people with more choices at a see. Missouri alone HHS has said that pre- price they can afford, not because we On the second point my friend from miums have increased 145 percent. So are going to hold a gun to their head Texas raised—this idea that CBO got wouldn’t we think we would have both and say you are going to have to buy a the numbers wrong when they esti- Senators from Missouri on the floor product you don’t want, at a price you mated how many people would be in- working with us to try to solve the can’t afford, we are going to give peo- sured by the Affordable Care Act in problem? I know Senator BLUNT is ple the freedom to choose. That is not 2009—as he mentioned, they weren’t off working with us to try to solve the a bad thing. That is a good thing. That by that much, but to the extent they problem, but we would benefit from is what America is all about—not hav- were off, there is a simple reason for it: having a bipartisan effort to address ing government force you to make de- CBO did not take into account that Re- the problem. cisions that you don’t view are in your publican States would seek to under- They also point out that there are own economic self-interests. mine the Affordable Care Act in every other things the CBO report talks I yield the floor. conceivable way possible. CBO gave Re- about which is significant, particularly The PRESIDING OFFICER (Mrs. publican Governors and State legisla- in terms of getting our economy grow- FISCHER). The Senator from Con- tures the benefit of the doubt that once ing again. They said, for example, that necticut. this law was passed, once it was pre- the House bill cut taxes by $992 billion, Mr. MURPHY. Madam President, I senting an avenue to insurance for mil- spending by $1.1 trillion, and reduced rise to speak on the same subject as lions of people across the country, both the deficit by $119 billion. Now, I know my friend from Texas. parties would seek to implement it. that is not the primary effort here Listen, Democrats are ready to talk That is not what happened. Republican when it comes to healthcare, but if we to Republicans about improving our States refused to set up State-based ex- want to get our economy growing healthcare system, but we aren’t going changes. Republicans brought lawsuit again, if we want to make it possible to engage in a debate that presupposes after lawsuit to try to stop the Afford- for more people to buy healthcare cov- that the end result is going to be mil- able Care Act from going forward. Re- erage at a price they can afford, it lions of people losing care and rates publicans, in control of the House and helps if they have a job, and it helps if going up for everybody in order to fund the Senate, jammed through legisla- the economy is growing. a tax cut for the wealthy. That is the tion that reduced the risk insurance Here is the thing that, to me, is per- plan Donald Trump and the Repub- provided to insurance companies. CBO haps the most cynical argument by the licans are pushing. did not estimate that Republicans critics of what we are trying to do in So my Republican friend is right: would wage a 6-year-long campaign to repealing and replacing ObamaCare. Democrats are not interested in having undermine and undo the Affordable Despite the fact that there are 30 mil- a discussion about how many people Care Act. lion people uninsured now—hardly a are going to lose coverage. We are not In States that implemented the act, success, hardly the gold standard for interested in having a discussion about such as Connecticut, numbers met or providing access to healthcare cov- how high the rate increases are going beat expectations. In States that didn’t

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CBO says that emerges from these secret meetings all of the advertising, tells the IRS to if you are an individual with a pre- will insure more people and that CBO stop enforcing the law, bleeds out pay- existing condition and you live in a will verify that. That is something on ments to insurance companies one State that takes advantage of one of which we can work together. Let me month at a time, teasing that this will these waivers, the premiums, frankly, guarantee, that won’t be the case. be the last month they get their don’t even matter to you because you To give a sense of how many people money. won’t be able to afford the catastrophic 23 million is, because I know that is Finally, on this question of a gun to high cost associated with your illness. kind of a hard number to get your head the head of consumers—I guess that is If you are an older American, espe- wrapped around, this is the number of a reference to the provision of the Af- cially an older American living on So- people who lose insurance under the fordable Care Act that says: If you cial Security, then you are targeted by House bill, according to CBO. CBO’s don’t buy insurance, then you will pay the American Health Care Act. A 64- new numbers just came out last night. a penalty. That is absolutely part of year-old making $26,000—and I have a That is the equivalent population of the Affordable Care Act. Why? Because lot of 64-year-olds in Connecticut mak- Alaska, Delaware, Hawaii, Idaho, Kan- if you want protection for people with ing $26,000, and I bet a lot of my col- sas, Maine, Montana, Nebraska, Ne- preexisting conditions, then you have leagues here who live in lower cost and vada, New Hampshire, New Mexico, to have a mandate that people buy in- lower income States have even more of South Dakota, Rhode Island, North Da- surance, or else people just won’t buy this population—today you are paying kota, and West Virginia. When we put insurance until they are really sick, about $1,700 a year for healthcare. That up this chart a couple months ago, I knowing they can’t be charged more. is what your premium is after taxes. think there was one additional State. Actuarially, the protection for people Under the American Health Care Act, So by moving from 24 million losing in- with preexisting conditions only works your premium would go up to $21,000 a surance to 23 million people losing in- with the individual mandate. I remem- year. You are making $26,000, and your surance, one State came off this list. ber Senator CRUZ, during his marathon premium goes up to $21,000. You would But that is the equivalent population filibuster, admitting that. Republicans receive about $5,000 in tax credits, but of how many folks lose healthcare in and Democrats know that. That is why in the end, you would be paying $16,000 this country. That is why I call it a hu- the American Health Care Act, which in healthcare premiums. manitarian catastrophe. just came out of the House of Rep- Now, obviously you wouldn’t be pay- Then let’s just think about what CBO resentatives, includes an individual ing $16,000 in insurance premiums be- says about who benefits. Here are 23 mandate. So let’s not pretend like this cause you couldn’t afford healthcare if million people who lose insurance—and is a partisan issue. you still want to pay your rent and you that is a pretty simple formula. The The rightwing American Health Care still want to pay your gas bill and you bill takes insurance from 23 million Act that came out of the House of Rep- still want a few groceries. people in order to pass along a $173 bil- resentatives 2 weeks ago includes an The reason why massive numbers of lion tax break for the pharmaceutical individual mandate—it is in there—be- people lose insurance is because 20 per- industry and the insurance industry cause they know the same thing: If cent is just the average; for some peo- and a $230 billion tax break for very they want to preserve any modicum of ple, premiums will go up 700 to 800 per- rich people. Some of it will go to peo- protection for people with preexisting cent, especially if you are older or if ple making above $200,000 a year, but conditions, they have to require people you are lower income. most of it will go to people making to buy insurance. They just put the Here is what CBO says will happen if over $1 million or $1 billion a year. The mandate in a different place. In the Af- the Affordable Care Act stays: The numbers actually work out pretty fordable Care Act, the penalty kicks in number of uninsured will go up a little squarely. The cuts to healthcare in the if you don’t buy insurance. In the bit. It will tick up to about 28 million. bill roughly work out to be about the House bill, the penalty kicks in after But for all my colleagues on the Re- same amount in tax cuts for the you have lost insurance and you try to publican side who have been claiming wealthy. sign up again. It is the same mandate, that the Affordable Care Act is in a By the way, there is another chart the same penalty, just a slightly dif- ‘‘death spiral,’’ CBO tells you that you here that is a great one. There is an- ferent timetable for payment. are wrong. You are wrong. They state other chart that shows who benefits Here is what TrumpCare does: higher clearly that the marketplaces will re- when we look at the tax breaks. If you costs, less care, tax cuts for the rich. main stable. Now, again, they may not make under $200,000 a year, you get I want to talk about the CBO score be counting on the kind of sabotage zero benefit from the American Health that came out last night—not major President Trump is engaged in. If Care Act. Every single dime of the tax adjustments from the first CBO score, President Trump continues to desta- cuts for individuals or families goes to but there are some important amend- bilize the markets, maybe this number those making over $200,000 a year. How ments that they make. But the bottom will be wrong. But if you had an admin- about that—a $230 billion tax break, line is that if you care about costs, istration that was attempting to en- and not a dime of it goes to people there are going to be higher costs. That force and implement the Affordable making under $200,000 a year. So this is what CBO says. There is a 20-percent Care Act, you would get about the bill was a nightmare before the CBO increase in cost the first year, 5 per- same number of people who are unin- score, and it is even more of a night- cent in the next year for good measure. sured. mare today. There is less care—I mean significantly Here is what happens if you pass the Let me point out one more important less care—23 million people. Big im- American Health Care Act: The num- thing that CBO says about this bill. In- provement—24 million people lost care ber goes immediately up to over 40 mil- side this bill, in a new amendment that in the first House bill; 23 million people lion uninsured and peaks after 10 years allowed it to pass the House of Rep- lose care in the second House bill. And at 51 million people. resentatives, is a provision that allows all of this is done in order to pass along Senator CORNYN said: Listen, we still States to get waivers from the essen- tax cuts to the wealthy. We are talking have 30 million people who don’t have tial healthcare benefits requirement about $662 billion of tax cuts for the insurance; let’s try to solve that prob- that insurance actually provide you wealthy. lem. But CBO says that the House bill coverage for healthcare and the com- Here is what CBO says: Premiums are doesn’t solve the problem. It turns a munity rating requirement that you projected to rise 20 percent in 2018. So problem of 28 million Americans with- spread out the costs of healthcare our Republican friends who came down out health insurance into a humani- across the entire population of people to this floor for 6 years and said we tarian catastrophe—more people unin- who are insured.

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.015 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3171 What CBO says is that about one- I yield the floor. versation we are having today. I wish sixth of the population—that is equiva- The PRESIDING OFFICER. The Sen- we would be addressing the underlying lent to about 25 States and Wash- ator from Kansas. reasons that healthcare costs so much ington, DC—who might obtain waivers, Mr. MORAN. Madam President, I am rather than focusing so much attention including both the essential benefits here to visit about the topic of on the issue of health insurance and its requirement and the community rating healthcare. I will be spending time in premiums. benefit—that would result in insurance Kansas this week, and there probably If we can drive the things out of markets coming apart at the beginning will be no topic of conversation that healthcare that unnecessarily raise the of 2020. will be greater than people’s concerns price, the cost of access to healthcare, CBO states that ‘‘less healthy people about healthcare. I will tell you, as I we can make a tremendous difference would face extremely high premiums, have indicated to many of my col- in healthcare premiums and the afford- despite the additional funding that leagues, this is like no other issue I ability of healthcare for all Americans, would be available’’ under the bill to have ever dealt with as an elected offi- not just trying to figure out what kind reduce premiums. CBO says specifi- cial in how personal the consequences of plan we can develop, what kind of in- cally: ‘‘In particular, out-of-pocket are of the decisions we make here. surance program, what kind of subsidy spending on maternity care and mental While I certainly admit there is plen- or tax credit we can provide, but we health and substance abuse services ty of politics and partisanship and too would be treating the underlying prob- could increase by thousands of dollars much back and forth that revolves lem, not just the symptoms. in a given year for the nongroup enroll- around this concern about healthcare, I suppose, to give a little under- ees who would use those services.’’ what I do know is, the people who visit standing of what I am talking about, in Let me put a finer point on this. The with me, in so many instances, are my my view, the things we ought to con- legislative jujitsu that Republicans did friends, my neighbors, our kids’ teach- sider are allowing more competition in in the House to get this thing passed ers, they are people I go to church the market, more free enterprise op- involved eliminating the requirement with, and in many instances, as they portunities, allowing people to pur- that people with preexisting conditions have a conversation with me about chase insurance from coast to coast, be protected from premium increases, what we are going to do in regard to expanding the support for community combined with a high-risk pool that healthcare, tears begin to stream down health centers. These centers are al- would have a bunch of money in it to their cheeks as they worry about them- ready in existence. They need to be help reduce premiums for those people. selves but, more importantly, they more available in more places. CBO tells you essentially that those worry about their family members, We are a very rural State, and it is high-risk pools are a fraud. CBO says their sons, daughters, husbands, wives, hard to find those community health there is not enough money in the high- and parents. centers, but they provide healthcare risk pools in order to provide any This is a very personal issue. The services to people who have no ability meaningful benefit for people with pre- concerns Kansans have about this and to pay and no insurance. We ought to existing conditions. In particular, they what we might do is sincere and real. I be more supportive of community say, women going through pregnancy, also know the Affordable Care Act—the health centers, not less, providing, par- families going through pregnancy, and law that is in existence today—is fail- individuals with mental health and ticularly, primary care for people in ing many Americans as well. In fact, substance abuse will see thousands of difficult circumstances. We also need to give small businesses dollars in additional costs because the just this week, yesterday, we learned and organizations the ability to orga- money in the risk pools cannot cover the company Blue Cross and Blue nize and create larger pools so they can the cost of that care. Shield of Kansas City is exiting the We have an opioid epidemic raging market and will no longer provide a negotiate for better premiums. We throughout this country, and the product in the Kansas City area of our need to utilize health savings accounts. House just passed a bill that will in- State, which means, in most instances, We need to support medical research. If crease costs for people suffering from individuals will no longer have an op- we can find a cure for cancer, the delay substance abuse by thousands of dol- tion in regard to the Affordable Care of the onset of Alzheimer’s, we can lars. We can do better. Republicans can Act. save billions of dollars in our emerge from these secret meetings, set What we have in place doesn’t work, healthcare system as well as save lives aside their plan to ram through this but I also know what has come from and improve the quality of life of peo- vote with no committee process the House isn’t the solution to this ple who suffer from the diseases that through reconciliation, and we can problem either. The work we have to are so prevalent. start talking about what to preserve in do—you and I, Madam President, and We need to address the issue of pre- the Affordable Care Act and what we our colleagues—is serious and one that scription drug costs. How do we make need to change. That is what Ameri- has real and personal consequences for certain no drug company takes advan- cans want us to do. every American, and we must take our tage of cornering the market or how do The majority of Americans do not responsibilities seriously. we make certain they don’t utilize our want this bill repealed. The majority of I have indicated to my colleagues current laws to extend the life of their Americans today support the Afford- that neither the Affordable Care Act, patent, eliminating the chance for able Care Act. Yes, that number is dif- which I voted against, nor what the competition to come into play and the ferent than what it was a few years House has passed, is anything I would introduction of generic medicine that ago. Maybe that is because, faced with vote for. I really wish we were doing can save, again, consumers and pa- this benefit, faced with these insurance something different than either one of tients lots of money. protections being eliminated, Ameri- those things. We need to promote preventive cans are rallying to the defense of the As I thought about my remarks healthcare. Wellness, fitness, diet, and Affordable Care Act. That doesn’t today, I was about to say that I sup- nutrition are the things that probably mean Democrats don’t believe we can pose I came too late to get my ideas give us the biggest bang for our buck make some commonsense amendments, adopted by Congress, but really I came and don’t necessarily need to be a gov- but it does mean we are not willing to to this issue early, and I think it was ernment program, but people need to participate in a process that pre- 2004, maybe 2006, in which, at least in work at living healthier and healthier supposes that the outcome will be less my own mind, I penned on paper and lives and prevent diseases from occur- people being insured, costs getting worked on drafting legislation on what ring in the first place. higher in order to finance tax breaks I called a 10-point plan to address the We need additional physicians and for the very wealthy and for insurance affordability and availability of other healthcare providers—nurses and companies and drug companies. healthcare. others—and we have not put the atten- Republicans should come out from I can tell you that my ideas, which tion into developing programs to edu- behind closed doors, work with Demo- predate President Obama’s, were noth- cate and train the next generation of crats. CBO tells you a humanitarian ing like the Affordable Care Act, and medical providers. We need to make catastrophe is coming if you don’t. they really were nothing like the con- sure Medicare and Medicaid actually

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.016 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3172 CONGRESSIONAL RECORD — SENATE May 25, 2017 pay for the cost of the services they She said: But we are Republicans. I to vote on the nomination of Judge promised to pay for on behalf of low-in- don’t want you working for govern- Amul Thapar to the Sixth Circuit come citizens as well as citizens who ment. Court of Appeals. It has been more are seniors, instead of having the cost Here is a man who has used his time than 16 months since the Senate con- shifting that occurs as a result of the not working for government, perhaps firmed a Federal appellate judge and system we have today, in which Medi- working in government, but working almost 11 months since we voted on a care doesn’t pay or Medicaid doesn’t for the American people and really for circuit or district nomination. That is pay sufficient amounts of money to ac- worldwide solutions to problems we all because of Leader MCCONNELL’s un- tually pay for the services a patient re- face in our families. precedented obstruction, blocking any ceives under either one of those There is no American, there is no one votes on President Obama’s qualified, programs. in this Chamber whose family has not consensus nominees, all in an effort to Again, those are things that I think been affected by the diseases I de- leave as many judicial vacancies as would be beneficial to every American, scribed and the other long list of afflic- possible for President Trump and the and it wouldn’t be spending our time tions we have as human beings that far right special interest groups who trying to figure out how we modify the NIH is not working to make a dif- are charged with selecting his nomi- insurance system, how we figure out ference in their lives. nees. about subsidies or tax credits for peo- We need to continue that support for The 7 days Judge Thapar has waited ple within the system. Again, I don’t the National Institutes of Health as we for a vote is quite a contrast with the come late to this issue, but it doesn’t pursue appropriations bills into the fu- last circuit judge that Leader MCCON- seem to be the direction we are going. ture, and our ability to do that to- NELL permitted to be confirmed. Judge Before my time expires, one of the gether is important and a source of sat- Felipe Restrepo’s nomination lan- items I wanted to particularly high- isfaction that can come. guished for 6 months on the Senate light is the value of medical research. I I have indicated, from time to time, floor last Congress before he was fi- am proud this Congress passed an ap- that it is sometimes difficult to find nally given a floor vote. Of course, propriations bill that includes an addi- the things in the jobs that we have as there was no good reason for that. tional $2 billion for use in medical re- U.S. Senators where you get the sense Judge Restrepo had bipartisan support search for the National Institutes of of accomplishment. There are a lot of at every step of the process: positive Health, and perhaps something that we challenges in getting things done, but blue slips from his Democratic and Re- can even be additionally proud of is, we the idea that we have come together to publican home State Senators, a voice did that without spending more money. support medical research and find life- vote in the Judiciary Committee, and a We simply—I shouldn’t say ‘‘simply.’’ saving cures gives us something to bipartisan 82–6 confirmation vote. Nothing is easy about it. I am on the take great satisfaction in and gives us Likewise, there was no good reason for Appropriations subcommittee that is hope that what we have been able to Leader MCCONNELL to deny votes on responsible for the funding of NIH. We accomplish in this regard, as Repub- other circuit nominees like Donald reallocated money that was being licans and Democrats but really as Schott and Jennifer Puhl. They were spent someplace else in support of med- Americans, can be a role model as we reported with strong bipartisan sup- ical research. Again, if we find the cure try to find solutions to other problems. port in the Judiciary Committee and for cancer, if we reduce the onset, the I hope that will be the case as we try to had bipartisan support from their home time in which people suffer from Alz- find solutions with regard to how do we State Senators, but were left lan- heimer’s, if we can find the cure for di- care for the American people when it guishing on the Executive Calendar for abetes and other diseases, the life- comes to their affordability and avail- months, without ever receiving floor saving changes that are being made ability of healthcare. consideration. We should not forget the through that medical research and the You and I, Madam President, come 20 district nominees and the five Court costs that will accrue to our healthcare from States that are very rural. In any of Federal Claims nominees, who were delivery system are hugely important. kind of healthcare solution that we reported with bipartisan support and I particularly commend the Director find, we need to make certain we are then fell victim to Senate Republicans’ of the National Institutes of Health for increasing the chances that hospital unprecedented obstruction and were working so closely with Members of doors remain open in rural commu- denied a vote after waiting months or Congress and the American people in nities across our States, and we need to even years. Of course, we cannot over- support of medical research. Dr. make certain there are more physi- look one of the most shameful inac- Francis Collins is a national resource. I cians, not less, there are more tions of the Senate—the treatment of am not a scientist. I don’t understand healthcare providers, that nursing Chief Judge Merrick Garland, who did all the concepts that are spoken about home and healthcare services are more not even receive a hearing for his nom- when we talk about medical research— available, and that pharmacy remains ination to the U.S. Supreme Court. a long shot from that. One of the on Main Street. So why are we now rushing to con- things Dr. Collins, the Director of the In fact, in the cases of our States, firm Judge Thapar? It is only fair to National Institutes of Health, has been you could find ways, I suppose, that re- note that the seat to which he has been able to do is explain to me and to my duce the cost of healthcare only to dis- nominated has been vacant for nearly 4 colleagues and to others across the cover that you no longer have a pro- years. President Obama’s nominee to country the value of medical research vider, no longer have a hospital or a that seat did not receive this expedited without getting me lost in the details physician or a pharmacy in your home- process. She did not even receive blue of the actual science. He is someone town. Sometimes when you talk about slips from the Kentucky Senators. who can talk to a layperson about med- the affordability, you must quickly Now, that is their right. Had I still ical research and science in a way that couple that with availability. Whatever been chairman, I would have honored captures me, captures my attention, its price is, if it is not in your commu- that decision—as I did for both circuit but I don’t get lost in the medical or nity, if it is not in your county, if it is and district nominees—however much I technical or scientific words and jargon not in your region of the State, it might have disagreed with it. We that so often scientists use in having doesn’t necessarily matter what it should not pretend that we are re- the conversations. costs. quired to vote so quickly on Judge Dr. Collins has been so bipartisan in Our work is serious, and I look for- Thapar simply because the Republican his approach. I smiled when I read the ward to working with you and my col- leadership held this seat vacant. story. He indicated that when he was leagues as we try to find solutions to This is a nomination that requires being chosen to be the Director of the make certain healthcare is something thorough consideration by the Senate. National Institutes of Health, he called every American has access to. It is no secret that Judge Thapar is a his mother back home and indicated to I yield the floor. favorite of the same far right groups her: Mom, I am going to become the Mr. LEAHY. Madam President, just 1 that handpicked Justice Gorsuch—in Director of the National Institutes of week after a party-line vote in the Ju- fact, Judge Thapar was on the same Health. diciary Committee, the Senate is about shortlist that they gave to President

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.017 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3173 Trump. Given Judge Thapar’s apparent nees to ensure that our Federal courts the last time. Alexander is now a vol- views on campaign finance regulation, remain the envy of the rest of the unteer for Live4Lali, a substance abuse it is no surprise that these groups, who world. program in Illinois. He attends commu- are some of the biggest opponents of The PRESIDING OFFICER. The Sen- nity outreach events, shares stories, any efforts to bring transparency to ator from Illinois. and offers trainings in naloxone use—a campaign financing, want to see him OPIOID CRISIS lifesaving drug that reverses opioid elevated to a circuit court. His answers Ms. DUCKWORTH. Madam President, overdoses. He has gone from being a during his hearing did not allay my I would like to take this time to dis- user to someone who is transforming concerns. cuss a critical public health crisis af- lives. I was also troubled by Judge Thapar’s fecting constituents in Illinois and all Alexander’s story is a reminder that responses to my written questions. across the country. Each day, 46 people Congress must focus on enhancing re- Like Justice Gorsuch, he dodged a very die from overdose of prescription pain- covery efforts, and we are beginning to simple question about whether the killers in the United States. In Illinois, take steps in the right direction. For First Amendment permits a religious that number is only growing. example, I was a proud supporter of the litmus test for entry into the United Overdose deaths in Illinois from Comprehensive Addiction and Recov- States, but even that nonanswer was opioids rose about 275 percent from 2008 ery Act, also known as CARA, when I inaccurate. Judge Thapar responded to 2014. There are an estimated 460,000 served in the House. CARA, which that the constitutionality of a reli- nonmedical prescription opioid users in passed with overwhelming bipartisan gious litmus test is an active question Illinois alone. A major portion of the support, establishes, supports, and in pending litigation regarding the total number of drug-poisoning deaths strengthens a number of programs to president’s Executive order targeting between 2013 and 2015 were a result of fight the opioid crisis in communities. Muslim-majority countries, and that opioid and prescription drug abuse. It provides opportunities for rehabilita- he could not comment on it. That is Over 4,000 people died as a result of tion, like the outpatient program Alex- not accurate. There is no question that opioids and prescription drugs, and ander attended, and expands access to such a religious litmus test is uncon- 2,000 people died due to heroin. Illinois drugs like naloxone, which are saving stitutional—even the Trump adminis- also had the third fastest rising death lives on the frontlines of this epidemic. tration does not argue otherwise. In- rates from synthetic opioids in the Na- I applaud these efforts, but I have se- stead, they are arguing that the Execu- tion, with overdoses rising by 120 per- rious concerns about the majority’s tive order does not impose such a lit- cent from 2014 to 2015. Unfortunately, commitment to actually funding these mus test. Judge Thapar failed to get Illinois is third from the bottom for essential programs to rehabilitate our the facts right, and failed to show me treatment of substance abuse because fellow Americans who are suffering that he understands one of the most of lack of funding and resources to from opioid addiction because, while fundamental principles of our Constitu- healthcare providers and law enforce- we can all agree that CARA’s intent ment partners in the State. tion. It will be very difficult for me to was to transform our opioid crisis, the These numbers are alarming, but I support any judicial nominee who fails bill failed to provide any actual funds to answer this question with adherence would like to share a story behind those numbers—a face. Laura Fry is a to enact these effective programs. to both the Constitution and the facts. I, along with many of my colleagues, mother whose family has experienced The role that far right interest have asked for CARA to be fully funded the worst of the opioid epidemic. Her groups have played in this nomination and to provide additional funding to son, Alexander, is 29 years old and in and the Gorsuch nomination is trou- the drug courts and veteran treatment bling. A President is free to consult remission from heroin use disorder. Alexander was just a normal kid courts, which essentially reduced with whomever he wishes on potential growing up in Wauconda, IL. He had crime, saved taxpayer dollars, and nominees, but the ‘‘advice and con- his entire life ahead of him. Then, saved the lives of more than 1.25 mil- sent’’ power belongs to the Senate, not when he was 17, he had a snowboarding lion civilians and veterans. In addition, the Federalist Society. For decades, accident and was taken to the emer- we must also make sure families have Presidents of both parties have con- gency room after he lost consciousness. access to medicine that can save lives sulted with home State Senators, a re- That is when doctors found a mass on during an overdose by calling on manu- quirement formalized through the Ju- his cerebellum and he had to undergo facturers to offer naloxone to rein in diciary Committee’s blue slip process. major brain surgery. It was after this the costs. This tradition protects the role of all surgery that Alexander became ad- I share this story because the tur- 100 Senators in the confirmation proc- dicted to morphine, and his drug abuse moil that the Fry family faced is not ess and helps ensure that Presidents began. unique. Millions of Americans are ex- work with Senators of both parties to When Alexander graduated from high periencing the impact of opioid abuse, find consensus nominees. school, he began working at a hospital, and many of these American stories During my nearly 20 years as either where he was able to steal drugs to fuel have much more tragic endings. We can chairman or ranking member of the his abuse. Over time, his drug abuse and must do more for these families. Judiciary Committee, I encouraged Re- spiraled out of control. He was fired I ask that we take the time, consider publicans and Democrats to work with from his job for stealing narcotics and the story of Alexander and his family, President Clinton, President Bush, and was arrested for possession of heroin. and step up and do the right thing. President Obama to find qualified, con- But because this was his first offense, Let’s fund CARA fully. sensus nominees, and I protected the he was given a very strict 2-year proba- Thank you. I yield the floor. rights of Senators in both parties. As tion. Over the next 4 months, he tested The PRESIDING OFFICER. The Sen- Ranking Member FEINSTEIN noted in a positive for heroin several times, and ator from Rhode Island. memo that was circulated yesterday, then he simply disappeared. Laura did Mr. REED. Madam President, let me no judicial nomination made by the not know where her son was or whether thank my colleague, Senator MANCHIN, last three Presidents was confirmed he was even alive for 10 months. Fi- for arranging the time to talk about without the support of both home nally, he was arrested and taken into the ongoing opioid epidemic across the State Senators. I cannot recall a nomi- custody. country. I know his home State of nee being confirmed over the objection In Lake County, IL, we thankfully West Virginia—much like my home of his or her home State Senator. The have a criminal justice system that State of Rhode Island—has been hit blue slip is not a partisan issue; it is recognizes addiction is a disease. The particularly hard by this epidemic. about constitutional checks and bal- court gave Alexander the opportunity This is not happening in some far off ances and the Senate’s role in pro- to continue his probation, and he was place or some distant country. It is tecting the independence of our Fed- allowed to perform hundreds of hours happening in Rhode Island, West Vir- eral judiciary. I encourage President of community service and to attend an ginia, and, indeed, every State Trump to follow the example of his intensive outpatient program. throughout the Nation. Last year, over predecessors from both parties and In the spring of last year, Laura and 330 Rhode Islanders lost their lives due work with us to find consensus nomi- her son Alexander appeared in court for to opioids.

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.047 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3174 CONGRESSIONAL RECORD — SENATE May 25, 2017 Rhode Island is a small State, so let $4.5 billion from mental health and new and better ways to treat substance me talk about a national statistic that substance use disorders for those with use disorders, along with research into shows the extent of this crisis. Last low incomes, to say nothing of how we can better treat pain without year, drug overdoses killed 50,000 TrumpCare’s broader goal of ending the use of addicting opioid painkillers. Americans. That means more people Medicaid as we know it. TrumpCare Coupled with TrumpCare, this budget died last year because of drug would all but eliminate this critical proposal would only worsen the opioid overdoses than due to car crashes or safety net. crisis. gun violence. These numbers are stag- TrumpCare goes even further to turn I am committed to continuing to gering, and it is happening in all of our back the clock on consumer protec- work with my colleagues to prevent communities. tions like preexisting conditions. Peo- that from happening. I am heartened to Since 2011, the number of overdose ple with substance use disorders would see so many of my colleagues talk deaths has increased by more than 90 be disadvantaged immediately, as their about these very issues this afternoon. percent. Unfortunately, year after disorder could be considered a pre- It is my hope that we will be able to year, Rhode Island continues to top the existing condition. This has the double work together over the coming months Nation in terms of rates of overdose effect of pricing people with mental to ensure that the gains we have made deaths. We must work to turn this and behavioral health issues out of the in the fiscal year 2017 omnibus and the around and get more people access to market entirely and encouraging peo- Cures Act are not lost. We have much treatment for opioid addiction. ple not to seek care out of fear of being more work to do, and people in my In 2008, almost a decade ago, Con- labeled by their insurance company as State and across the country are gress enacted the landmark Paul having a preexisting condition. counting on us to do that for them. Wellstone and Pete Domenici Mental On top of that, TrumpCare would gut With that, I yield the floor. Health Parity and Addiction Equity the essential health benefits in the I suggest the absence of a quorum. Law. For the first time, the law re- ACA. This means that there would be The PRESIDING OFFICER. The quired insurance companies to cover no rules about what health insurance clerk will call the roll. behavioral health services in the same must cover, such as preventive health The senior assistant legislative clerk way that it would cover physical services and mental and behavioral proceeded to call the roll. health services. This was a critical health services. Even with coverage, Mr. LANKFORD. Madam President, I step, but it ultimately did not solve people will have to pay out of pocket ask unanimous consent that the order the problem, as some insurance compa- for the services they need. For sub- for the quorum call be rescinded. nies have continued to find ways to stance use disorders, which could add The PRESIDING OFFICER. Without avoid complying with the law—or at up to $20,000 a year in out-of-pocket objection, it is so ordered. least its spirit. costs alone. SMALL BUSINESS REGULATORY FLEXIBILITY It took passage of the Affordable Over the last couple of years, I have IMPROVEMENTS ACT Care Act to improve access to behav- worked with my colleagues on the Sen- Mr. LANKFORD. Madam President, ioral health services. For the first ate Appropriations Committee to in- we have a lot of issues we are working time, critical consumer protections, clude historic funding increases for on right now. Some of the big ones in- like banning discrimination based on programs that help the opioid crisis. In clude the budget conversation. For the preexisting conditions, ensured that in- fact, the fiscal year 2017 omnibus pro- first time in a long time, the budget dividuals with substance abuse dis- vided $511 million for prevention, en- conversation really circles around, how orders could not be denied coverage. forcement, treatment, and recovery are we going to get back to balance? It Further, the ACA established a set of across various agencies, including over is an interesting dialogue. There is essential health benefits that all insur- $300 million for the Department of going to be a lot of dispute about ele- ance plans must cover, including men- Health and Human Services, $50 mil- ments of the President’s budget. There tal health and substance abuse treat- lion for the Department of Veterans will be a lot of controversy back and ment. Gone are the days when con- Affairs, and over $160 million for the forth about aspects in the House and sumers would pay steep prices for Department of Justice. Last year, we the Senate proposals. But for the first health insurance that in actuality did passed the 21st Century Cures Act, time in a long time, the beginning not even cover basic health services, which directed $1 billion to States to point of the conversation is, how do we such as mental health care or mater- combat the opioid crisis. We must con- get back to balance? That is a good nity care. tinue these efforts. place to start. I am pleased to see that In addition, the ACA prohibits life- However, this week, the President re- is a part of the conversation again. time annual limits on care. Before the leased his budget proposal for next There are a tremendous number of ACA, many people with chronic health year, and it does the exact opposite. things that have to be dealt with in conditions, such as substance use dis- First of all, the President’s budget dou- this process. I want to bring up two orders, would hit their annual cap just bles down on his plan to decimate Med- quick ones and then talk about some of a couple of months into the year and icaid. The President has proposed cut- the small business issues we are facing. then would have to pay all other costs ting hundreds of billions of dollars One of them is that when we go out of pocket for the rest of the year. from Medicaid, block-granting the pro- through the budget process, I encour- Lastly, the expansion of Medicaid has gram with no protections for the most age my colleagues to deal with the made a tremendous improvement in ac- vulnerable. In fact, his budget offers no budget gimmicks that are still in place cess to behavioral health services. In details on how it plans to structure in the budget process—areas that seem States like Rhode Island that have ex- Medicaid—just that he intends to cut to bring down the deficit but we all panded Medicaid, we have seen a sharp the program beyond repair. know actually do not. Those don’t help drop in the percentage of people with On top of that, the President’s budg- us as Americans. That may help with substance use disorders who seek care et makes enormous cuts to the Sub- some sort of scoring issues; that in the emergency department because stance Abuse and Mental Health Serv- doesn’t really help where we are. they are uninsured. Medicaid is the sin- ices Agency, SAMHSA, which imple- The second aspect to that is, let’s ac- gle largest payer of substance use dis- ments many of our most effective sub- tually put the appropriations bills on order services and pays for one-third of stance use disorder prevention and the floor. For the last several years, all medication-assisted treatment in treatment programs, such as the Com- there have been continuing resolutions the country. munity Mental Health Services Block or omnibuses without any amendment TrumpCare would reverse all these Grant Program, which President process brought. We should be able to, gains. According to the Center on Trump has proposed cutting by over 20 in a bipartisan way, agree to bring Budget Policy and Priorities, repeal of percent. these appropriations bills to the floor, the ACA would mean 2.8 million people Further, President Trump has pro- actually have an amendment process, with substance use disorders would be posed cutting the National Institutes and actually deal with this in a public at risk of losing their coverage. Repeal of Health by nearly $6 billion, which setting. There are straightforward of the Medicaid expansion would cut would interrupt critical research into ways to deal with our debt and deficit.

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.020 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3175 It begins with actually confronting week because of all the Federal regula- been drafted in direct response to small debt and deficit in a way that will real- tions. When Robert Julian funded this businesses and small business leaders ly matter. business in 1974, he didn’t set out to around the country. It has been dis- It is interesting as well that when we just create jobs for a compliance offi- cussed for a long time, but for what- talk about a lot of the big issues, regu- cer, he actually set out to do lumber ever reason, it has never been passed. I lations often come up as one of the work, but unfortunately, now his busi- want to run through a few things that prime problems. Regulations are often ness also includes Federal compliance. it does. big, expensive, and deal with a lot of Small businesses are vital to our First, the agencies should account controversy. economy. Surely we can agree on that. for the economic impact of regulations, Quite frankly, there are thousands of They drive job creation and innova- especially on small business, and it regulations out there that impact tion. Excessive and poorly crafted gov- should be the full economic impact. small businesses. For a small business, ernment regulations disproportion- Agencies have this little caveat that it is not typically just one regulation, ately—the burden of them—fall on they will do. They will say: Well, it is it is the hundreds of little ones that small businesses and on their growth. not a direct cost, it is an indirect cost they are constantly trying to live If Julian Lumber has to hire more peo- on business. So they will put a new reg- under. It is the culmination of all of ple to just do compliance, not lumber, ulation on them and say: We are only these different regulations and trying there is a problem. going to count direct costs of the regu- to figure out where they are. Most Then there is Ander’s Shoe Store in lations, but we are not going to count small businesses don’t have lawyers. Miami, OK, which was founded in 1930 anything indirect, such as electricity. They don’t have compliance people. by Joe Ander after he immigrated to If they put a Federal regulation down They don’t have folks lined up to mon- Oklahoma from Poland. Today, Ander’s and a State entity is then required to itor all of these things. They have to Shoe Store is owned and operated by create new regulations based on it, try to figure it out as they go. They are Joe’s daughter, Dena Ander, who is 102 they won’t count the State regulations small businesses. They are family- years old. She has worked at Ander’s based on it. owned businesses. They are trying to Shoe Store for 86 years. If permitting from a different agency take care of their own families and the My favorite quote ever from a small is required, they will say: Well, that is neighbors around them. But all of business owner came from her when somebody else who does that. these regulations come at them as she said, at 101, that her health is bet- Well, if you are a small business, cost well. ter than her help, and so she just keeps is cost is cost. The Federal Govern- Let me read what Karen Karrigan, working. ment plays this game of what is a di- Dena Anders is not waking up every the president and CEO of the Small rect and indirect cost to a business. A day and reading the Federal Register Business and Entrepreneurship Coun- small business does not get to play to find out what new Federal regula- cil, wrote in an op-ed just last week. that game, and they have to pay the tion came down. She is not trying to She wrote: bills for it. track through all the different compli- So it is a very simple thing for us to Red tape is strangling our small businesses ance officers and attorneys that she and undermining entrepreneurship. Indeed, say: Include the costs. We try to get would have to contact to try to figure according to [Small Business and Entrepre- some clear language on it. An agency out how to read a new Federal regula- neurship] Council research, the cumulative would have to consider ‘‘reasonably tion that comes down. She is taking loss of new businesses over the last decade foreseeable impacts.’’ So I get that you care of a shoe store in Miami, OK. She totals 3.42 million missing businesses— are not going to get every pencil in the has two employees, but her shoe store Not workers— process, but what is reasonably foresee- has to live by the same regulations for America’s economy. For existing small able, you should be able to anticipate that a lot of large stores also have to businesses, the per-employee cost of regula- that. tion is just over $11,000. Excessive regulation live by. Every Member of this body—when Second, we require the IRS to actu- in the U.S. has hurt our competitiveness in ally listen to small businesses before the global economy. The U.S. ranks No. 51 in they are home, they talk about small the world for ease of starting a business, ac- businesses and the importance of small they release IRS rules. So many hours cording to the World Bank. This same report businesses and how to help them suc- are spent by every small business com- is consistent with other global studies that ceed. I am asking, are we as a body plying with IRS regulations and re- have found American’s friendliness and gen- willing to do what we said we were quirements. We would like to have the eral ‘‘ease of doing business’’ has eroded year going to do back home? Ninety-seven IRS actually engage with small busi- after year. percent of the businesses in my State nesses when they put out policy and That is according to Karen Karrigan, of Oklahoma are small businesses. Lots guidance and say: How is this going to president and CEO of the Small Busi- of us make promises to these small affect small businesses? How can they ness and Entrepreneurship Council, in businesses. It is time to fulfill them. work this out to make sure it is as easy her op-ed last week. Regulatory reform for even small as possible for small business owners? Each new regulation on small busi- businesses, for whatever reason, is be- Third, increase the transparency in ness adds another cost, another burden, coming politicized. This is not a polit- the rulemaking process. Small busi- another requirement that small busi- ical, Republican-Democrat issue. Small nesses tell me that when they learn of nesses have to comply with. This cu- business owners are not Republicans or new regulatory requirements, they are mulative burden is crushing small busi- Democrats; they are Americans. They often blindsided. They had no idea the ness. are people, and this should not be a rule was even coming. In the rare in- Let me give some examples. Julian partisan issue. I would be willing to stance when a small business owner Lumber Company is in Antlers, OK. work with every Senator of any party speaks out to an agency, they are often You ought to come and see Antlers, to be able to get this done. confused when they see the final rule OK. It is a beautiful area of our State. I have introduced the Small Business because it doesn’t look at all like what Julian Lumber Company, a family- Regulatory Flexibility Improvements they had recommended or had raised. owned business, makes wooden fence Act. It has passed its way through com- Years ago, there was something cre- posts, treated poles. If you have a tele- mittee. It is S. 584. It does some simple ated called SBRFIA panels. Only Wash- phone pole in that area or other posts things—things that should not be con- ington, DC, comes up with a term like and poles, it often came from Julian troversial. that. Small businesses were supposed Lumber Company. It also has a small It closes loopholes in the Regulatory to be able to engage with the Federal trucking company to be able to haul Flexibility Act, which became law in Government on designing how regula- posts to retail stores across the Mid- 1980. That bill was designed to help tions would come out. But, again, the west and the Southwest. Julian em- small businesses, but there are some loopholes were so present in the law ploys about 50 people but recently had loopholes in it, and the agencies are that the agencies were just going to shift a part-time employee who was going around it. around them. We need to close that. doing compliance to full-time—doing This is not a bill that I just came up As simple as it sounds, when an agen- nothing but compliance 40 hours a with on my own; it is a bill that had cy is creating a rule, don’t you think

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.021 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3176 CONGRESSIONAL RECORD — SENATE May 25, 2017 they should call small businesses and I yield the floor. Last year, over 800 West Virginians say: How will this work at your place, The PRESIDING OFFICER. The Sen- died of prescription drug abuse. They or will it work at all? ator from West Virginia. died of abuse from prescription drugs, Fourth, let’s deal with old rules. OPIOID CRISIS and everyone says: Well, how do people There are lots of regulations out there Mr. MANCHIN. Madam President, I get started? I don’t know. Most of that are old, that become very com- rise to speak with a lot of my col- them have done heavy work in West plicated for small businesses to be able leagues coming down speaking on the Virginia. We do mining and manufac- to maintain, and no one has ever gone opiate crisis we have in all of our turing. That is heavy work, and some- back to look at them. Let’s create a States. times they get hurt. simple system so that when a rule West Virginia has been hit the hard- I am going to read a letter later—I do comes out, it has to be reviewed within est in the Nation right now, and I want every week try to come down to put 10 years. That way, we have no rule to speak to this because it is some- real families, real faces, for you all to that is 40, 50 years old, and no one has thing we must address. This has been a understand that this is a real issue. even touched it or looked at it to make silent killer for far too long. When I have said this is a silent kill- sure that it still works, No. 1, and that I don’t know a person who I have ever er, we never talk about it. If you have it is not overcomplicating the process. met who doesn’t know somebody in somebody addicted in your family, you Finally, and here is something pretty their immediate family, extended fam- are kind of ashamed of it. You don’t straightforward, give first-time for- ily, or close friends who has not been want anybody to know because they giveness for paperwork violations. affected by either prescription drug think that something is wrong with When small businesses have a paper- abuse or illicit drug use. With that, your family if someone has an addic- work violation, they have a paperwork here we are. tion. They try to take care of them- violation. They are not trying to break I rise with my colleagues who have selves and they can’t and that person the law. They are not trying to violate been coming down—they will be com- doesn’t get the help they need. regulations. They missed one. Why ing the rest of the day—to bring atten- So when you look back at the use don’t we give first-time grace to small tion to this national crisis that is dev- and the lack of a treatment, let me businesses? Now, I wouldn’t say that if astating every community. Many of just tell you about the epidemic we are they are violating health and safety the Senators you are going to hear dealing with. Any other epidemic of issues. Obviously those are things they from—and have already heard from— this sort—and knowing it is an illness, should have already taken care of. But are from States that are dealing with it can be called a pandemic. Remember just paperwork things—we have so an increase in this opiate abuse, just the Ebola concerns we had. All of the different things we were concerned many small businesses that get a fine like my State of West Virginia. Just about that could turn into a pandemic, because they missed a piece of paper- like I have, they have heard from fami- we acted immediately. Well, we work. Again, so many small businesses lies, community leaders who are on the haven’t acted immediately on this. We don’t have compliance people tracking front lines. They are begging for solu- have had over 200,000 West Virginians this stuff for them all the time, and oc- tions, funding, and they need facilities die since the turn of the century. That casionally they make a mistake. This to properly combat the scourge we is unbelievable, and to not do anything is still a government that works for have right now. about it and keep our mouths shut, we them. They don’t work for the govern- Let me say to everybody who is have done that for far too long. watching, everybody who is listening ment. Today, 2.1 million Americans abuse in any way, shape, or form that you are My simple recommendation is this: or depend on their opiates. According For small businesses, give them first- hearing this: 20 years, 30 years ago, I to the CDC, Centers for Disease Con- time paperwork forgiveness rather was as guilty as everybody in the pub- trol, three out of four new heroin users than a Federal compliance person lic policy arena in government, in my abuse prescription opiates before mov- showing up at their place with a fine. State government in West Virginia. If ing to heroin. I am told they move to Let’s be reasonable about this. That you fooled with drugs back then, we heroin because it is cheaper, but they should be a simple, straightforward thought, well, we will put you in pris- have already been hooked and addicted. thing. on; you committed a crime. Well, guess Most of them got hooked and addicted Quite frankly, these are all things what. We have been putting them away on legal prescription drugs. That small business owners have asked for. for 20, 30 years, and we never cured a means there was some doctor who said: These were things even in the Obama single soul. Here is something that is really going administration. The chief counsel for Finally, we have come to the realiza- to help you, and they write that pre- the Small Business Administration’s tion that addiction is an illness. Any scription. They think everything in a Office of Advocacy—this is what the other illness gets treatment. So we bottle is going to heal you. Obama administration’s small business need treatment, but we don’t have In the United States of America, less advocate wanted. I don’t understand treatment centers. Budgets are tight. than 5 percent of the world popu- how this could be a partisan issue. It is I have a cousin who is a judge. Every lation—7.2 billion people live on planet simple, straightforward, and clean. day he says: JOE, I sentence people for Earth, less than 330 million in this There is no hidden anything in the bill. the crimes they commit every day. He country—4.6 percent of the world popu- It is trying to actually get regulatory says: I have never had the first person lation consumes 80 percent of all the relief and common sense back into the say: Hey, Judge, we don’t have a prison opiates produced and consumed in the way we do regulations. cell or a jail cell to put this person in. world. What in the world happened to Over 200 trade associations rep- But if it happens once a day, it will us? How did we become so pain-intoler- resenting millions of small businesses happen 5 or 10 times a day, if I believe ant? How did we become so addicted? have already written me in support of someone needs to get treatment be- Between 2009 and 2013, only 22 percent this bill from all over the country—not cause of their addiction, they will say: of Americans suffering from opiate ad- from Oklahoma, from all over the Well, Judge, I am sorry. We have no diction participated in any form of ad- country. place to put them. We have no treat- diction treatment, and more and more Many in this Chamber pride them- ment centers. We will find a jail cell people go without treatment every day. selves on being the advocate for the lit- for you, but we will not find a treat- Misuse and abuse of opiates cost the tle guy and standing up for small busi- ment center because we don’t have country an estimated $78.5 billion in nesses. I would ask my colleagues if them. 2013 just in lost productivity. So for they are ready to actually put feet to The States don’t have the money. those people who don’t have compas- those words. This is a straightforward Counties don’t have the money. Mu- sion, don’t think we should be doing way to do it. We talk about helping nicipalities don’t have the money. The these things, and you only look at the small businesses; let’s actually do it. I Federal Government has never dedi- bottom line, if you are going to the ask my colleagues to be able to walk cated enough money for this. So we bottom line, look at this bottom line: alongside of us and help us get this bill keep talking about everything that $78 billion of lost productivity, medical passed and get some regulatory relief. happens. costs, and criminal costs.

VerDate Sep 11 2014 03:57 May 26, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.023 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3177 Talk to any of your law enforcement on that. So he had no other way of get- young to know what this can do to in any community you live in and ask ting prescribed medicine. you—all the way up through adulthood. them: Of all the calls you have gone on, He continues: We have to prevent people from getting how many have you gone on that are I was buying them off the street just on these horrific drugs that are killing drug-related? A minimum of 80 to 90 to ease my pain. In 2013, I started using people. Then we have to treat the peo- percent of everything that they are oxycodone and could not stop. I even ple who are addicted and get them back called in, any type of assistance, any got my wife hooked on them. into the workforce. type of a crime that is committed, it is I have three daughters—11, 10, and 3 I ask all of you—and the concern we because of drugs. Some form of drugs years of age. My youngest wasn’t born have, and I know in your beautiful are involved for our police. So think at the time. Our addiction became so State you have the same challenges we about what they are doing and how it bad that we would steal things from do. We all do. We are willing to fight takes them away from protecting the our family just to get the drugs. I lost together. This is a bipartisan effort. law-abiding citizens. my license to drive. I lost my two old- This is not one side and the other side I have a bill called—and we will talk est daughters because of my addiction. taking credit or one side blaming the about treatment—it is LifeBOAT. I am That is when I knew I had to have seri- other side. This is one that we have to still waiting for some of my friends and ous help. rise up as Americans—forget about fellow colleagues on the Republican I sought counseling and treatment. I Democrats and Republicans—and fight side to look at this bill very seriously. took parenting classes, and my wife this. The U.S. Congress is responsible All I am asking for is one penny to and I worked our tails off to get our for fighting it and helping the people charge the pharmaceutical manufac- girls back. We have now been clean and all over our country. turers—one penny per milligram—that sober for 3 years and have custody back I yield the floor to my good friend will go toward treatment centers of all three of our girls. from West Virginia. throughout America, and every State I am currently out of work but do The PRESIDING OFFICER (Mr. needs them. lots of odd jobs in my area because I SASSE). The Senator from West Vir- That one penny, they said: That is a can’t afford to get my license back, and ginia. new tax. We can’t vote for a new tax. I the vehicle I own was vandalized 3 Mrs. CAPITO. Mr. President, I thank said: Wait a minute. This opiate arena months ago because I gave an officer my colleague from West Virginia who is pretty profitable, and we are not info on a dealer not far from my home, is fighting hard on a lot of different going to charge people whom opiates and somehow the dealer found out and fronts to meet the challenge of this were designed for, which are people beat the windows out of my car while I opioid and drug abuse epidemic that is with severe illnesses, cancer patients. was working. sweeping across the country, and it is Basically, this is just for opiates, no I thank God every day for helping me really hitting us in the rural areas in other pharmaceutical products, just and my wife stay clean. West Virginia. I always say our State opiates. That is $1.5 to $2 billion a year. I thank you for everything you do for is just one big small town, and both Can you believe that? That one penny. the people of West Virginia and hope Senator MANCHIN and I have personal Now, when they tell me, I am not my story helps someone. I may be out experience with families who have been going to vote for any new tax. I say: of work right now, but good things will deeply affected by this. It is destroying Well, you didn’t hesitate to vote for a come as long as we stay clean and posi- families, lives, and futures. tobacco tax. You didn’t hesitate to tive. Chances are we all know someone, as vote for an alcohol tax. Now, the conclusion of this is Shadd I said, who has been affected, but we We have more people dying of this and his wife are perfect examples of the have been especially hard-hit in the than anything else, and I am asking for people we can help if we made it easier State of West Virginia, and we have a treatment plan. I can’t get one for people dealing with substance abuse seen more than our fair share of dev- penny, not one penny. to get treatment. Shadd and his wife astating consequences: babies born ex- So I am asking for everyone to con- are the people I am fighting for every posed to drugs, families torn apart, sider it. I truly believe no one would day. I will continue to fight for the children ripped from their parents be- lose their election over voting to fund people and families and children who cause of their parents’ habits and life- treatment centers for people who are have lost their way and need our help, style, grandparents raising children desperately in need. That is the Life- and I am not going to stop fighting when they had no real intention or BOAT Act. until they get it. didn’t know that is what was going to I want to read you a letter, and I do Every one of you all probably have a happen. this every week. It is just heart- story. Every one of our young people— We have the unfortunate distinction breaking, these letters, but it shows our pages and everybody else, everyone as a State of leading the Nation in drug real people’s lives, and it shows what it in the audience, whoever it may be, overdose deaths per capita. Ninety-one has done to their lives. younger people—have probably been Americans die each day because of this This letter is from Shadd Baisden. He approached to try something, have crisis, and far too many of them are writes: probably been approached in their own our neighbors, our coworkers, our My name is Shadd Baisden, and I am schools to try something: Well, this is friends, and our children. No commu- from Dingess, WV. I am writing to tell no problem. It is the hip thing to do in nity is immune. That is why this all- you my story of opioid addiction. I am school. hands-on-deck, community-oriented, an out-of-work coal miner with 9 years’ They have recreational marijuana. A coordinated, community-focused effort experience. I was injured in the mine in lot of people tell me they get started must move forward. 2011. I was dragged down a belt line 200 by experimenting, and then it moves Fortunately, many individuals and feet and messed the disks in my back, into different things. organizations—and I get to meet with the L5, S1 in my back. This was how I don’t know what it is. We don’t them regularly. It is inspiring to hear my addiction got started. know what our body chemistry is made how people in the community are pull- I was prescribed painkillers and need- up of. We don’t know why some people ing together. They are already working ed surgery but felt I was too young for are addicted and some people don’t get hard educating—as Senator MANCHIN that. I was out of work for a year when addicted, but we know opiates are ex- said, you can’t start too early edu- I decided to settle my compensation tremely addictive. We know that. It af- cating—treating, and rehabilitating claim so I could return back to work. fects you. The only thing I can tell you people who are struggling with abuse While I was injured, the mine I worked is, it is something we are going to con- within their families, helping them and in shut down so I had no job to go back tinue to fight. We are going to make those who are at risk of becoming ad- to. I had been on painkillers the whole people aware. We are starting edu- dicted. From healthcare to law en- time I was out of work, but I stopped cation classes. forcement, we are working to tackle being prescribed after my settlement. The United States of America should this crisis from all angles. So when he made his settlement, ba- start educating in every class from pre- Drug courts play an important role sically that went away, his healthcare school, kindergarten—you are not too in that fight. In order to get at the root

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.025 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3178 CONGRESSIONAL RECORD — SENATE May 25, 2017 of the problem, we must have more re- Mr. HELLER. Thank you, Mr. Presi- After 3 to 5 years spent on licensing, covery and treatment services, and in- dent, and I thank my friend from West there could well be another 5 years in carceration is not always the right an- Virginia. legal challenges, and there is no cer- swer. Sometimes treatment, not the YUCCA MOUNTAIN tainty that Yucca Mountain would criminal justice system, is the answer. While I have an opportunity to take ever be built. Yesterday, I had the pleasure of the floor, I want to change the subject, Second, even if Yucca Mountain were meeting an incredible young woman— if I may. I want to talk about the con- to go forward, it would be an expensive inspirational, really—who knows all of cern I have of one of the President’s repository project. The Department of this very well. Her name is Chelsea priorities in the 2018 fiscal year budget. Energy’s best estimate is that another Carter, and she is from Logan, WV. That priority is Yucca Mountain. $82 billion—let me repeat that; another When she met me yesterday, she said: Specifically, the President included $82 billion—would be needed to license, We met. We met 10 years ago. $120 million in his budget for the De- litigate, build, operate, decommission, I said: Really? Where did we meet? partment of Energy to restart licensing and eventually close Yucca Mountain. She said: I did your nails at Spa activities for the Yucca Mountain Nu- On top of the money that has already Bliss. clear Waste Repository. been spent, that adds up to more than I said: Oh, well, thank you for that. As a proponent and author of the leg- $96 billion for what is called the total But along that journey, Chelsea has islation called No Budget, No Pay Act, system life cycle cost. had a rough, rough go. At one point, which would restore regular order to That leads to my third point. We Chelsea was charged with 17 felonies the budget and appropriations process, need to reevaluate the whole nuclear due to her drug habit. She told me her waste cost question. There is a busi- drug habit began when she was 12 years I am pleased to see the President did ness case to be made against Yucca old. She said she was able to continue submit to Congress a detailed budget Mountain. The Department of Energy’s life through high school. It appeared as proposal. As a small government, fiscal con- own estimates for Yucca Mountain say though she had a normal life. She was servative, I hoped that this new admin- that the nuclear waste fund will only a cheerleader, participated in school, istration would focus on budget prior- pay about 80 percent of the total life and all the time she was getting deeper cycle costs, or about $77 billion. The re- and crawling deeper into a drug-ad- ities that would reduce duplicative maining $19 billion would have to come dicted hole. spending and streamline programs in After she faced the criminal justice order to save taxpayer dollars. You can from an annual appropriations voted system, she became committed to get- imagine my disappointment that they, by this Congress. That means more ting off drugs and getting clean the instead, decided to prioritize funding to money for this project paid by tax- very first night she spent in jail, and restart licensing activities for a failed payers. she has been clean ever since. She went proposal. But it does not have to be that way. through the drug court system, and, Over the past few weeks, I have out- In 2012, the Department of Energy did basically, it has saved her life. But lined on the Senate floor some of the its own cost assessment and concluded that is not the end of the story for issues with Yucca Mountain, whether that all other costs, like transpor- Chelsea. She has a bright future ahead it is the crippling effect it would have tation, being equal, walking away from of her, and she has moved forward. on Nevada’s economy or the public Yucca Mountain and starting with a She was in town for the annual con- safety issues associated with transpor- new repository site in a deep salt bed ference of the National Association of tation of this nuclear waste. I will con- or deep shale formation would actually Drug Court Professionals. She has com- tinue to come to the floor to educate save between $12 billion and $27 billion mitted her life to helping people like my colleagues on the many issues asso- over the life of the repository. her who have had this situation and ciated with Yucca Mountain, because, Before we spend any more taxpayer who have been at the bottom of the pit plain and simple, it is not a viable op- dollars on Yucca Mountain, we need to of hopelessness, bad health, and bad de- tion for the long-term storage of our ask the Department of Energy experts cisionmaking. She is committed to Nation’s nuclear waste. Instead of to come before us and explain what helping her fellow West Virginians throwing more taxpayer dollars into a they learned about repository costs in crawl out of that pit, like she did, and failed proposal, we should be working their previous studies. Beyond that, we become productive individuals. This is on a real long-term solution rooted in need new cost studies on geologic dis- the world’s largest conference on treat- consent-based siting. posal in repositories, studies that in- ment courts and criminal justice re- You have heard me raise the question clude the lessons learned from recent form. that many Nevadans be thinking: Why progress with repositories in Europe, Back home in Logan, Chelsea is the should a State with no nuclear power- and new studies that look at the nu- program director at Appalachian plants of its own be forced, against its clear waste program overall and incor- Health Services. She just got her mas- will, to house all of the Nation’s nu- porate the cost of safe on-site reactors, ter’s degree. One of the things that clear waste? early removal of spent fuel from shut- struck me is that, even in a manage- I stand by the Department of Ener- down reactors, and consolidated in- ment position, she continues to counsel gy’s 2010 decision to terminate the terim storage facilities, as rec- and treat a full load of patients, and Yucca Mountain program, and I stand ommended by the Blue Ribbon Com- she told me she will always do so. by its 2015 recommendation for a con- mission on America’s Nuclear Future. Chelsea’s story is an example of the sent-based siting. It is clear that rather than forcing progress that can be made by fully Yucca Mountain is dead. Let me take the State of Nevada to accept nuclear committing to fighting the drug epi- you through what it would take to put waste at a scientifically unsound site, demic. There are victories and pro- this failed program back on life sup- taxpayer dollars would be better spent grams that work. Drug court is not the port. Prior to the suspension of the identifying viable alternatives for the only one, but it is one in the spectrum program in 2010, the Federal Govern- long-term storage of nuclear waste in of solutions. ment had spent close to $15 billion on areas that are willing to house it. Find- I am committed to the fight and to Yucca Mountain. ing alternatives is the commonsense working with all of our colleagues who Now, I recognize that some of my col- path forward, as well as the fiscally re- are speaking out today. I know many leagues might say: Well, the govern- sponsible decision. of us are committed to this. It doesn’t ment has already spent this much on I urge my colleagues, as we continue leave a family or community un- the government repository; shouldn’t the budget appropriations process for touched. I am really inspired by West we complete it? this next fiscal year, to conduct over- Virginians like Chelsea Carter who are First of all, let me say that restart- sight over the life-cycle costs of reposi- on the frontlines. ing the program would need $2 billion tories and to focus on further imple- With that, I yield for my colleague more just to complete the licensing menting the Department of Energy’s from Nevada. process—$1.66 billion for the Depart- consent-based siting process, instead of The PRESIDING OFFICER. The Sen- ment of Energy and $330 million for the wasting more taxpayer dollars on a ator from Nevada. Nuclear Regulatory Commission. failed proposal.

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.026 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3179 I stand ready to partner with my col- Lee Risch Sullivan As stated in our resolution, Congress leagues on both sides of the aisle on McCain Roberts Thune must continue to work toward real so- McConnell Rounds Tillis this issue, and I am confident that to- Moran Rubio Toomey lutions for these children, who often gether we can find a solution to this Murkowski Sasse Wicker face trauma, abuse, and neglect, both problem once and for all. Paul Scott Young before and after they are removed from Perdue Shelby I yield the floor. Portman Strange their parents’ care. We must work to The PRESIDING OFFICER. The Sen- ensure that all children, no matter ator from Nevada. NAYS—44 their circumstances, have a permanent, Baldwin Gillibrand Murray UNANIMOUS CONSENT AGREEMENT—EXECUTIVE loving home and consistent, caring Bennet Harris Nelson adults in their lives. CALENDAR Blumenthal Hassan Peters Mr. HELLER. Mr. President, I ask Booker Heinrich Reed With legislation such as the Fos- unanimous consent that the cloture Brown Heitkamp Sanders tering Connections Act, passed in 2008, Cardin Kaine motion on the Elwood nomination be Schumer and the Child and Family Services Im- Carper King Shaheen provement and Innovation Act, passed withdrawn, and that following leader Casey Klobuchar Stabenow Coons Leahy in 2011, we have made some progress. remarks on Tuesday, June 6, the Sen- Tester Cortez Masto Manchin Van Hollen These laws provided new investments ate resume consideration of the nomi- Donnelly Markey Warner and new services to improve the out- nation, with the time equally divided Duckworth McCaskill Durbin Menendez Warren comes for children in the foster care until 2:15 p.m. I further ask that at 2:15 Whitehouse p.m., on June 6, the Senate vote on Feinstein Merkley system. Franken Murphy Wyden Even after all that, our work is not confirmation of the Elwood nomina- done. Over 20,000 young people aged out tion, and that, if confirmed, the motion NOT VOTING—4 of the foster care system in 2015, with to reconsider be considered made and Cantwell Schatz Hirono Udall no legal permanent connection to any laid upon the table and the President family. This impacts their ability to The nomination was confirmed. be immediately notified of the Senate’s pursue higher education, to find em- The PRESIDING OFFICER. Under action. ployment and stable housing, and, the previous order, the motion to re- The PRESIDING OFFICER. Without most importantly, to prepare for the consider is considered made and laid objection, it is so ordered. future. Mr. HELLER. I suggest the absence upon the table and the President will While in care, children experience an of a quorum. be immediately notified of the Senate’s average of three different placements; The PRESIDING OFFICER. The action. 65 percent of the kids in foster care clerk will call the roll. The Senator from Iowa. change schools seven or more times. The legislative clerk proceeded to f We see a great amount of instability call the roll. LEGISLATIVE SESSION and resulting insecurity when this is Mr. SASSE. Mr. President, I ask what happens in the life of somebody in unanimous consent that the order for foster care. This constant uncertainty the quorum call be rescinded. MORNING BUSINESS compounds the trauma of neglect and The PRESIDING OFFICER (Mr. Mr. GRASSLEY. Mr. President, I ask of abuse and makes it hard for these PERDUE). Without objection, it is so or- unanimous consent that the Senate be kids to make connections to their com- dered. in a period of morning business, with munities. Mr. SASSE. Mr. President, I yield Senators permitted to speak therein Through my work in the Senate Cau- back all remaining time. cus on Foster Youth, I have had the op- for up to 10 minutes each. The PRESIDING OFFICER. Without portunity to hear firsthand what these The PRESIDING OFFICER. Without objection, it is so ordered. young people in foster care need. They objection, it is so ordered. All time is yielded back. need love, they need support, they need The question is, Will the Senate ad- f safety and permanency, and they need vise and consent to the Thapar nomi- NATIONAL FOSTER CARE MONTH a family. Those last two are the first nation? Mr. GRASSLEY. Mr. President, May words I ever heard from kids in foster Mr. SASSE. Mr. President, I ask for is National Foster Care Month. I thank care when I first took time 25 years ago the yeas and nays. my colleagues for unanimously sup- to listen to some of them. They had The PRESIDING OFFICER. Is there a porting the resolution recognizing May been shunted from one home to an- sufficient second? as National Foster Care Month. other home over a period of time. They There appears to be a sufficient sec- National Foster Care Month has been said: We would like to have a mom and dad; we would like to have a home. ond. recognized for over 20 years as a time That is what this movement is all The clerk will call the roll. we all celebrate the voices of foster about. The legislative clerk called the roll. youth and bring awareness to the chal- Mr. DURBIN. I announce that the Moving forward, Congress must con- lenges these young people face. During tinue to work to find better solutions Senator from Washington (Ms. CANT- this month, organizations in Iowa— WELL), the Senator from Hawaii (Ms. and secure better outcomes for our and, for that matter, all across the young people in foster care. HIRONO), the Senator from Hawaii (Mr. country—have been working to support SCHATZ), and the Senator from New Once again, I thank all of my col- and to recognize the young people who leagues for supporting this resolution. Mexico (Mr. UDALL), are necessarily are in foster care. absent. It is important that this month—and, Nationally, there are over 425,000 for that matter, all year long—we con- The PRESIDING OFFICER. Are there children in foster care. In Iowa alone, any other Senators in the Chamber de- tinue to support the goals of National almost 4,000 kids entered foster care in Foster Care Month. siring to vote? 2015, the last year for statistics. I sa- f The result was announced—yeas 52, lute all of those who work tirelessly to nays 44, as follows: support these children. This includes a HEALTHCARE LEGISLATION [Rollcall Vote No. 137 Ex.] lot of different groups but particularly Mr. GRASSLEY. Mr. President, I YEAS—52 foster parents, who open their hearts wish to address the issue of the Alexander Cornyn Graham and homes to children who need this healthcare debate that has been going Barrasso Cotton Grassley vital support. The group also includes on since the first of the year. Now that Blunt Crapo Hatch Boozman Cruz Heller social workers, advocates, and alumni it has passed the House of Representa- Burr Daines Hoeven of the foster care system who, as young tives, it comes to the Senate. The Sen- Capito Enzi Inhofe people, have gone through a lot. They ate is working on its own bill, not Cassidy Ernst Isakson are there to inform lawmakers and the working from the House bill. This is Cochran Fischer Johnson Collins Flake Kennedy public, and they are there to fight to still evolving, and I hope it will evolve Corker Gardner Lankford secure better outcomes for kids in care. very, very quickly.

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.027 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3180 CONGRESSIONAL RECORD — SENATE May 25, 2017 One of the things we face is to make For the past 7 years, ObamaCare has speak at these council meetings, as sure we have accessible, affordable care not been working, and it will never Arctic Parliamentarians, we always for anyone who wants to buy health in- work for the American people. Repub- refer to the Arctic as a zone of peace. surance. licans are not going to accept failure. It is that way now; we would like to see I rise today, as I have in the past, to That is why we are working so hard to it remain so. share real stories from real Iowans who put together what we have promised Back in April of 2015, the United have been harmed—not helped—by the the people of this country for the last States took over as chair from Canada, Affordable Care Act. I know there are 7 years—to repeal and replace. Point- and at that time, the United States plenty of examples we can give of peo- ing out the shortcomings of affordable proposed three thematic areas that we ple who have not benefited from the Af- care, we aim for better, and that is would focus on during this 2-year fordable Care Act. As we have found so what guides us as we continue to work chairmanship. Those three areas were many times, the Affordable Care Act on repealing and replacing this failed improving economic and living condi- has become the un-Affordable Care Act. law. tions in Arctic communities; Arctic The other side often talks about the I yield the floor. Ocean safety, security, and steward- benefits of ACA without mentioning The PRESIDING OFFICER. The Sen- ship; and the third issue area was to the reality I am trying to bring to this ator from Alaska. address the impacts of climate change. debate. f While there were many who believed There is a reason Republicans are that the previous administration fo- acting to protect Americans from the ARCTIC COUNCIL cused most of its attention on climate loss of access to medical care. Ms. MURKOWSKI. Mr. President, I change—sometimes at the expense of ObamaCare has broken its promises. often come to the floor of the U.S. Sen- All these promises, made over and over the other two areas and most notably ate to discuss issues of the Arctic. the focus on economic and living condi- again, have not stood the test of time, Since the United States is an Arctic so I would like to remind everyone of tions for the people who live and work nation, it seems that it is only appro- and raise their families in the Arctic— some of these promises. priate to give updates when there have The promise: If you like your doctor, I believe we saw a good outcome from been items and events that are note- this 2-year chairmanship. you can keep your doctor. worthy in this space. I would like to note today and ac- The reality: This promise was even Several weeks ago, we hosted in Alas- knowledge the work of Julie Gourley scrubbed from the ObamaCare website ka the Arctic Council Ministerial as the U.S. Senior Arctic Official; the after everyone knew it was a farce. Meeting, an event duly of note and an The promise: You will be able to keep work of Ambassador David Balton as event upon which I would like to spend your insurance plan. the chair of the Senior Arctic Officials; a few moments this afternoon updating What is the reality? In the fall of and ADM Robert Papp, who served as colleagues on all that took place at 2013, between 7 and 12 million people the U.S. Special Representative for the this ministerial and provide a little bit had health insurance cancelled. Arctic. All three of these individuals of a recap of the role of the United ObamaCare’s mandates resulted in served to facilitate the U.S. chairman- States as chairman of the Arctic Coun- fewer choices for people to buy afford- ship and worked to increase public cil for these past 2 years. able insurance. People were kicked off awareness and knowledge of the Arctic. This opportunity today to congratu- plans they liked and plans that, until I thank them for that. ObamaCare, they could afford. This late those in the State Department, the people of Fairbanks, AK, and the I also commend the City of Fair- promise was dubbed the ‘‘Lie of the banks and the Fairbanks North Star Year.’’ Alaska Arctic Council Host Committee for a successful Arctic Council Ministe- Borough, which hosted the ministerial Another promise was made: Your pre- meeting. I think it is important to rec- miums will go down by $2,500. rial Meeting in Fairbanks is certainly timely. ognize that most assumed that when That is not even close. I have been the United States hosted the ministe- quoting for a long period of time that I have also come to review the ac- rial, it would be in Alaska’s largest they had gone up at least $3,500. Now, complishments and the challenges of city. Anchorage certainly has the abil- more recently, I have seen a figure of the Arctic Council during the recent ity to accommodate just about any an average of $4,300. So, in reality, that chairmanship by the United States and conference, anywhere, at any time, but $2,500 promise that premiums would go I think also to look ahead at what I I think it was significant that we chose down wasn’t even close. hope and expect will be our Nation’s In Iowa, premiums increased up to 43 continued leadership in the Arctic. to host in a city that—while it is not percent in just 1 year. One farmer told As I mentioned, for the past 2 years above the Arctic Circle, it is getting me that his insurance went up from now, the United States has been chair pretty close up there. $20,000 to $32,000 in 1 year. He was able of the Arctic Council. This is an inter- The people of Fairbanks went all out to get the premium down to $25,000 by national forum for the eight Arctic na- to embrace our friends from around the taking advantage of an HMO, but the tions. That includes the United States, world. Their efforts were matched by deductible for that plan was $15,000. Canada, Denmark, Finland, Iceland, the tremendous work of the Alaska You have an insurance policy, but you Norway, Russia, and Sweden. It also in- Arctic Council Host Committee and may never use it. cludes six permanent participant orga- particularly of Nils Andreassen, who The biggest promise: You were prom- nizations that represent the indigenous connected the Arctic Council with the ised access to affordable health care. peoples of the Arctic, as well as dozens host communities during its numerous The law is called the Affordable Care of interested observer nations and meetings. Act. That is the most concerning of international organizations. In the past, what we had seen at all—the situation created by I think it is important to recognize these Arctic Council meetings was ObamaCare is far from affordable. that while you would understand and folks would fly into an Arctic location, What is the reality? Premiums in assume that the Arctic nations are and more often than not, we would be 2017 have doubled for a majority of clearly interested in happenings in the in a large conference hall, typically States using ObamaCare exchanges. In Arctic, the interest in being an official with no windows and closed doors, and three States, premiums have tripled observer as part of the Arctic Council then everyone would fly out without during ObamaCare. One Iowan from has grown steadily in these recent having any real interaction with the Pomeroy, IA, wrote to me and said she years as nations around the world are community. They wouldn’t have an op- shopped for an ObamaCare plan and recognizing the opportunities that are portunity to engage with the public, found that she would have to pay $9,000 presenting themselves in this portion and sometimes it made the work of the out-of-pocket before her insurance of the globe. Arctic Council a little bit of a mystery. kicks in. She told me she doesn’t know The Arctic Council was established in I think we missed some opportunities where that money would come from, 1996, and it focuses its work on sustain- to build support for the Arctic Council and of course that makes that policy able development and environmental and its work and also to learn and to too expensive to use. protection in the Arctic. When we hear from those who live in our Arctic

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But were dozens of different side events and it comes to mapping, less than 5 per- they also felt that it was important to receptions that allowed for critical cent of the U.S. Arctic has been ensure that the people of the Arctic, interaction. charted to modern standards. those who actually live there, work The City of Fairbanks and the North Again, think about what is hap- there, and raise their families there, Star Borough provided incredible hos- pening. We are seeing increased ship- were heard in the discussions, as well. pitality. They always do that, but I ping traffic. We still don’t know as Even after all that I have high- think this time they went above and much as we need to know about the lighted, there are many other docu- beyond in rolling out the red carpet to charting and the mapping, so it is vital ments from the ministerial meeting ensure the success of the meeting for for homeland security, for local secu- that I could mention here, but one that all who were involved. rity, and for navigational necessity I would like to draw particular atten- During the U.S. chairmanship, there that we have an accurate under- tion to is the Fairbanks Declaration. were a number of successful activities standing of who is transiting when and This is the statement signed by all that I would like to highlight briefly. where within the region. eight Arctic nations coming out of the First, there was an agreement on en- I have talked with Native whaling 10th Arctic Council Ministerial. I think hancing international arctic scientific captains, those who are engaged in a it is significant to note that, in these cooperation. This was signed by all level of subsistence, particularly in the issue areas that the United States fo- eight Arctic nations at the Fairbanks Bering Straits area. Understanding cused on—Arctic Ocean safety, secu- ministerial. It is now the third legally when and where and who is transiting rity, and stewardship, improving eco- binding agreement among the Arctic is very important for those subsistence nomic and living conditions, and ad- nations. We have already done an hunters as well. dressing the impacts of climate agreement on search and rescue and a Another item that came from the change—the statements coming out second one on oil spill preparedness. Arctic Council ministerial—and this were good, strong statements of agree- This is now the third, focusing on sci- was not a direct outcome from this ment, and there was true cooperation entific cooperation. This new agree- meeting but the prior one—a new fund, and collaboration. ment will allow scientists to more free- the Algu Fund, was established to help I think I would be remiss in stating ly and assuredly work across political the indigenous peoples of the Arctic that there was some speculation that, borders to develop scientific knowledge more fully participate in the decision with a new administration taking over about the Arctic. making of the Arctic Council and its right at the end of the United States’ What I think is significant about this working groups. term, there was some discussion as to particular document is that the process The permanent participants and the this: Well, how is this declaration to develop the agreement was co- indigenous peoples who make up these going to be coming about, because it is chaired by the United States and Rus- representatives are a critical piece of the United States that ultimately, as sia. This demonstrates that while our the discussion in these significant the chair, holds the pen there? nations clearly have a good number of meetings with Foreign Ministers. To I know there has been a lot of discus- disagreements and disputes around the have that local knowledge, to have the sion around this town about the admin- world, the Arctic can be that place of voices of the local people of the Arctic istration’s position on the Paris Agree- cooperation. I think we demonstrated speaking up is important. Think about ment. The President is still deter- that with this particular scientific co- it. They don’t necessarily have a for- mining how he wants to proceed there. operation. mal government, a fund that can help But I do think it is noteworthy—very Another area of focus was on tele- send them to these meetings, to be part noteworthy—that the Fairbanks Dec- communication. For the first time, we of these working groups. And so often- laration, which was signed by Sec- have assessed telecommunication in- times, their participation is not retary of State Rex Tillerson, speaks frastructure in the Arctic. For anyone present, and not because they don’t directly to climate change in the Arc- who has been there or who has been to wish to be but because they lack the tic. Specifically, it notes the entry into any very remote location, you know resources. force of the Paris Agreement. But in well the importance of dependable So this Algu Fund was established. looking specifically to the language re- communications. Those familiar with The goal is to raise $30 million for the lating to climate change, it states, and the Arctic know that we have signifi- fund, which will benefit the Aleut, the I will quote here: cant gaps. We have significant chal- Athabaskan, Gwich’in, Sami, and over Note again that the Arctic is warming at lenges in this area. Finland, which has 40 Russian indigenous groups. more than twice the rate of the global aver- Of the other work that was con- age, note with concern that the pace and now assumed the chairmanship, will scale of continuing Arctic warming will de- take this issue with them and work ducted, seven new observers were added pend on future emissions of greenhouse gases with the private sector to do what they to the Arctic Council, including the and short-lived climate pollutants, reiterate can to improve telecom in the Arctic. country of Switzerland. There were ad- the importance of global action to reduce The Arctic Council also launched an ditional organizations that were added, both greenhouse gases and short-lived cli- Arctic ship traffic data cooperative but we are now up to a total of 39 ob- mate pollutants to mitigate climate change. agreement. The intent is to have a bet- servers, 13 of these being from non-Arc- Then, it calls for the Arctic Council ter understanding of the ships that are tic nations. So again, the interest in to undertake additional analysis. So I operating in the Arctic. all things Arctic, regardless of where think that is significant as well. It is As we all know, we are seeing sea ice you are on the globe, is really increas- an important recognition, and, while recede. We are seeing shipping lanes in ing. this administration has not yet deter- areas where we have not had an oppor- On the sidelines of the ministerial mined where they may end up when it tunity to have ships or any level of meeting, there were 12 mayors from comes to the Paris Agreement, I think commerce. With this project, we are Arctic communities in Alaska, Canada, it is telling to look to this document— seeking to collect information from Finland, Iceland, and Norway. They again, that was not only signed by the each Arctic nation about the shipping held their own forum to look at the United States, but, ultimately, it was activity in the Arctic for traffic trend challenges to local governments in the drafted by the United States—as an in- analysis. Arctic. Issues such as economic diver- dicator of the realities that we face This is important because we are see- sification with benefits to local popu- with climate change and, particularly ing an increase in shipping levels in the lations, infrastructure investment, en- and most noteworthy, in the U.S. Arc- U.S. Arctic—an increase by nearly 60 ergy independence, efforts to adapt to a tic, where we are seeing that impact percent over the last 8 years. It is changing climate, and the incorpora- most pronounced. clearly expected to increase with every tion of traditional and local knowledge I mentioned the aspect of climate passing year, as we are seeing sea ice in the decisionmaking were discussed. change, but the Declaration is broader

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In total, these cuts would amount to gion, and the emergence of the Arctic f close to a 50-percent reduction in the Economic Council, which is an issue funding for the Medicaid Program, OPIOID EPIDEMIC that I feel very strongly about. causing at least 14 million people to We had an extraordinary Alaskan Mr. FRANKEN. Mr. President, I rise lose Medicaid coverage over the next woman who was chairing the AEC today to talk about the House Repub- decade. Medicaid is the No. 1 payer for throughout these past 2 years, and she lican healthcare bill and the dev- behavioral health services in the Na- did a fabulous job standing that up. astating effect that it would have on tion. It covers both prevention and Her contributions were quite remark- people with mental illness and those treatment for people at risk for or ac- able. affected by the Nation’s opioid epi- tively battling opioid addiction. There is the need to improve the ac- demic. For example, Medicaid pays for about cess of Arctic communities to clean, Nationwide, more than 52,000 Ameri- one-quarter of medication-assisted affordable, and reliable energy sources. cans died from drug overdoses in 2015, treatment for opioid and heroin addic- So, again, I would commend to any- the most recent year for which data tions. Because of the Medicaid expan- one’s reading the Fairbanks Declara- are available, with 63 percent of those sion, 1.3 million additional people tion. If you are interested in Arctic deaths involving an opioid. This means gained access to behavioral health issues or if you are interested in just a that drug overdose deaths now surpass services, which reduced the number of sense of the breadth and the depth of the number of people who die each year low-income adults needing substance the issues and challenges facing the from automobile accidents or from use treatment but not receiving it by Arctic region, I think it is an impor- firearms. 18 percent. tant document. That same year in Minnesota, we lost To further undermine coverage, the With our handing the gavel now to more than 570 people to drug overdoses. House bill would also allow States to Finland, the obvious question request About half of those deaths were tied to eliminate essential health benefits. is this: What happens next for the prescription medication—particularly, The essential health benefits are 10 key United States in the Arctic? I am en- opiate pain relievers—and another 20 benefits that plans exchanges must couraged by Secretary Tillerson’s com- percent of those deaths were associated offer, including maternity care, pre- ments in Fairbanks that the United with heroin. We saw drug overdose scription drugs, and mental health and States will remain engaged and remain deaths jump 11 percentage points in substance use disorder services. What a leader on Arctic policy. That has got Minnesota from 2014 to 2015. we know is that before the ACA was to be key. We have made great head- The opioid epidemic knows no bound- passed, many people with private in- way in recognizing that we are an Arc- aries. It has touched people and fami- surance did not have coverage for the tic nation. At every appropriations lies of all incomes, of all races, and of mental health services they needed. hearing that I have been to thus far, I all ages. Some communities in Min- One in three did not have coverage for think I have reserved my questions to nesota have been hit particularly hard substance use disorder treatment, and ask about Arctic-specific issues— by this crisis, including our Native close to one in five did not have cov- whether it is the status of where we are American population. Not long ago, I erage for mental healthcare. on infrastructure, such as icebreakers, visited the Bois Forte Indian Reserva- Now is not the time to be cutting or whether it is a recognition and an tion. Bois Forte is a small, beautiful back on those benefits. In fact, last understanding that, with decreasing reservation up in northern Minnesota, year, the Surgeon General issued a re- sea ice up north, you have people in a community where people know each port on addiction, which found that ships up there, which we have never other and trust each other. In fact, his- there are more people with substance seen before. Quite honestly, we now torically, the trust has run so deep use disorders than people with cancer. have an area of exposure. We focus a that folks in Bois Forte didn’t even What the CBO score confirmed yester- lot on the southern border. We now lock their doors at night. But the day was that people who live in States have a northern border that is open. opioid epidemic—I was told this by the that rollback essential health benefits, What might that mean? Tribe chairman—and the impact it has who still need the services that are no We were able to query Secretary had on the people in the reservation longer included in the essential health Kelly this morning about possibly has changed that. Opioids are changing benefits would ‘‘experience substantial partnering with Canada as we look to and destroying families and commu- increases in out-of-pocket spending on how we can provide for sharing of in- nities, and one clear sign of this is that health care or would choose to forgo formation about who is coming and people now are locking their doors, the the services.’’ who is going and knowing what we chairman told me. The report goes on to call out the have in front of us. We will have an op- Right now, we need to be doing all we fact that out-of-pocket costs for these portunity—again, as we move forward can to help people, families, and com- patients could increase by thousands of with legislative initiatives, appropria- munities that have been devastated by dollars a year, and the benefits would tions, and reviewing the President’s opioid addiction. We must provide sup- again be subject to annual and lifetime budget—to make sure that the leader- port for treatments and other nec- limits. Substance use disorder services ship that the United States has dem- essary interventions, and we need to be are highlighted as specific benefits onstrated these past 2 years as we have focusing on prevention. That is why we that CBO anticipates States will ex- been chairing the Arctic Council con- passed the Comprehensive Addiction clude first. tinues and that it continues in a strong and Recovery Act just last year, and I want to make this clear to my col- and a prominent way. why we followed it up with the behav- leagues and to the American people: With that, I thank the Chair. ioral health provisions in the 21st Cen- You cannot say that you want to ad- I yield the floor. tury Cures Act—again, just at the end dress our country’s opioid epidemic and The PRESIDING OFFICER. The Sen- of last Congress. at the same time support this bill. ator from Minnesota. Now these important advances are Those things are in direct opposition to Mr. FRANKEN. Mr. President, I under threat. The so-called healthcare one another. So, to all of my colleagues would like to commend my colleague bill that Republicans pushed out of the who supported CARA and supported the from Alaska. Closer to the Poles, you House of Representatives would under- 21st Century Cures Act, I urge you to see the effect of climate change more mine the very programs that help peo- work with us to build on the ACA so starkly. I am glad that she spoke on ple with opioid addiction. For instance, that we can effectively address the this issue. She is a real champion for as the CBO confirmed yesterday, the opioid epidemic ravaging our country. her State, which means recognizing bill guts Medicaid, cutting the pro- My colleague on the other side of the that climate change is having an effect gram’s budget by more than $830 bil- aisle, Senator CORKER from Tennessee,

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.033 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3183 had it right when he remarked on the the funding to get treatment to people recovery, and he succeeded for 8 years secret partisan process currently un- before these tragedies take place. He without using opioids. derway in the Senate. Earlier this proposes what he calls the LifeBOAT As sometimes happens, family week he said: Act, which is one penny for each milli- stresses, business stresses, other It’s a very awkward process, at best. There gram of active opioid in a prescription stresses intervene. In his case, a family are no experts. There’s no actuaries. . . . drug—one penny. It is only a penny, stress caused a relapse, but he knew Typically, in a hearing, you’d have people but it would have raised about $2 bil- what to do. He went back to CODAC. coming in and you’d also have the media lion last year. So $2 billion would save He became sober again. Now he is back opining about if a hearing took place, and X in recovery, clean and sober. came in and made comments. a lot of people and save a lot of lives. Just to give you some idea of the This pattern of recovery and then an Senator CORKER is spot-on. The scale, Purdue Pharma has generated occasional relapse and then back to re- American people deserve an open and estimated sales of more than $35 billion covery again is very often the way peo- transparent discussion on how we can since 1995 for opioid medications. It has ple who have an addiction get through best improve healthcare in our Nation. annual revenues of about $3 billion, it. To make sure that the treatment is Many Americans are struggling just to mostly from OxyContin. That is just there for them when they relapse can keep their heads above water, paying one company. So the idea of adding a be a lifesaver. their bills, raising their kids, caring for penny really does not seem to me to be By the way, Mark is a success. He is their parents, and coping with health asking very much. in the music business. He has toured problems. Families in Minnesota and in all of The way we operate now in the Sen- around the world. The fact that CODAC our States have been or are currently ate, I know that asking corporations to was there for him on those two occa- being ripped apart by opioid addiction. do anything seems impossible because sions has allowed him to achieve that They need our help. They don’t need a they have the financial whip hand over success. Again, this was a 52-year-old bill or a budget, for that matter, that so many Senators because of the un- individual whom a surgery sent into is hastily put together for ideological limited money they are allowed to addiction. reasons. They don’t need policies that spend and threaten to spend in our pol- I will close by pointing out that one undercut their care and their liveli- itics. But really, after all the lives that of the things the CARA bill, which hood. have been lost, after all the lives have many of us worked so hard on, accom- Ninety-one people die every day in been affected, you would expect that plished was to send the message that the United States from an opioid over- just out of common decency this indus- addiction is not a moral failing. It is a dose. Only one in five people who cur- try would step up and say: For a penny, medical condition. It should be treated rently need treatment for opioid use we are in. So let’s hope they come as a medical condition. Not only is it disorders is actually getting it. around to that because I think it is a not a moral failing, I think many of us American lives hang in the balance. good plan. who have had family, loved ones, People are counting on us to do the TrumpCare, on the other hand, would friends, or any experience with folks right thing. So let’s do it. be a disaster. So many people get their who are going through recovery—what I yield the floor. opioid treatment through Medicaid and we have learned is that recovery is ac- The PRESIDING OFFICER. The Sen- through the expansion of Medicaid that tually a noble accomplishment. It is ator from Rhode Island. the Affordable Care Act created. To not an easy path, but it is a path that Mr. WHITEHOUSE. Mr. President, I undo that, to strip $1.4 trillion, as demands deep honesty, deep courage, am very pleased to join my colleagues, President Trump has proposed, out of deep trust, very often love. It is a path Senator FRANKEN and Senator WARREN, Medicaid is inevitably going to deny that people who are walking it can and who are also here for this conversation people access to care. should be proud of, and we should be that was kicked off earlier this after- I am not the only one saying this. proud of them for their achievements, noon by our friend and colleague from Someone who works in Providence and we should be there for them in West Virginia, Senator MANCHIN. with recovering heroin addicts wrote to their relapses and make sure the care West Virginia does not have a whole me. His name is Travis. He wrote to me that will put them back on that path is lot in common with Rhode Island. We about his clients who are receiving available. are a coastal State. Senator MANCHIN medication-assisted treatments. He I yield the floor to my terrific col- comes from a very landlocked moun- credits their being able to come in and league from Massachusetts. tainous State. Our biggest mountain in get the care that they get to the Af- The PRESIDING OFFICER. The Sen- Rhode Island is probably the Johnson fordable Care Act. He said that it is the ator from Massachusetts. landfill. But we have something in reason he and his colleagues have been f common, which is the extent to which able to help recovering addicts enter HEALTHCARE LEGISLATION opioid addiction and opioid overdoses effective treatment programs. It have stricken our State. We have had works. Ms. WARREN. Mr. President, I thank over 200 deaths per year. In a State our Travis relates that repealing the Af- Senator WHITEHOUSE for his important size, everyone is within 2 or 3 degrees fordable Care Act would have what he words and all the Senators who have of separation of everyone else. Those calls a profound impact on his clients’ come to the floor this afternoon to talk 200 deaths reverberate through our ability to get needed addiction and re- about the Republican plans to dis- whole State. covery services. mantle our healthcare system. There is a small town in Rhode Is- I will turn the floor over to Senator As we speak, Republicans in the Sen- land called Burrillville, up in our WARREN in a minute, but I want to rec- ate are busy behind closed doors work- northwest corner. Burrillville is a very ognize one other person. I will not use ing overtime to come up with a secret small town in Rhode Island. I went up last names. His name is Mark. He health plan to ram through the Senate. there for a meeting about the opioid wrote to me from Rumford, RI, which I guess they are afraid of how the pub- epidemic at Burrillville High School. is a very nice part of East Providence, lic would react if we could see the full In the previous quarter, in just 3 RI. scope of their plans, but in the last 24 months, that one little town had six This is a gentleman who became ad- hours, we have seen new details about deaths from opioid overdoses. That is dicted to opiates at the age of 52. He what they want to do. The formula is six times that the little police force had surgery, and after the surgical pro- as clear as it is cruel: destroy had to respond, six times the funeral cedure, his doctor gave him opiates for healthcare for tens of millions of parlors had to handle grieving families, the pain. The doctor was somewhat in- Americans, including people struggling six times that death notices had to be discriminate about continuing to pre- under the weight of our national opioid published in the local paper. It felt like scribe those opioids. crisis. Why? In order to give tax cuts to a battering to people in that commu- Mark realized that he was addicted. rich people. nity. He went to a recovery group in Rhode These plans are simply unforgivable, Senator MANCHIN has a pretty good Island called CODAC, which does very and I say ‘‘unforgivable’’ because I can- idea to help make sure that we have good work for treatment. He went into not find any justification that makes it

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.035 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3184 CONGRESSIONAL RECORD — SENATE May 25, 2017 OK to take away health insurance from ance is the program that works to- can start by coming out from behind 23 million Americans. I cannot come up gether with Medicaid to provide health closed doors where they are conducting with a single sliver of an argument insurance for one out of every three secret negotiations over healthcare. that says it makes sense to rip away kids in this country. Trump and the They can look the American people in more than $800 billion from kids with Republicans say: Let them go sick. the eye and admit they care more complex medical needs, seniors in nurs- What does that mean? Don’t repair a about the wealthy few in this country ing homes, and one of the largest hole in their hearts or fix their broken than they do about hard-working fami- sources of help for people and families arms? Don’t treat them when they get lies and people who need our help. They struggling with substance abuse dis- ear infections or does it just leave can be straight up, and the American order, all to produce tax breaks for a someone else to pay? If that is the an- people—Democrats, Republicans, and handful of millionaires and billion- swer, then tell us who? Who exactly is Independents—can hold them account- aires. going to pay for the healthcare for able for what they are trying to do to The Republican agenda is destroying these children? our families and to our country. healthcare in this country, and it has I just don’t get what the Republicans I yield the floor to my colleague from never been clearer. President Trump in Congress are thinking. I know they Maryland. released his budget proposal this week. have people back in their home States The PRESIDING OFFICER (Mr. CAS- If the healthcare bill is a punch to the who are begging them to keep SIDY). The Senator from Maryland. gut, his budget is a knife in the ribs. healthcare coverage. Disease, acci- f The Trump budget is about the future, dents, old age, substance abuse, these TRIBUTE TO WILLIAM DAUSTER and for the future, Trump says there is misfortunes don’t ask whether you are too much medical research. He wants a Democrat or a Republican before Mr. VAN HOLLEN. Mr. President, to cut more than $5 billion from the they come knocking at your door. I the Senate is an institution that re- NIH budget. That is the place where re- just don’t get how Republicans can members its giants, its lions—the Sen- search is ongoing about treatments for turn their backs on people who will be ators who have served with distinction, Alzheimer’s, cancer, diabetes, ALS. hurt, but I understand whom the Re- who negotiated critical legislative That is America’s future that Presi- publicans are helping. deals, who fought for their States and dent Trump wants to cut by more than The CBO score lays it out in black their constituents, and who have par- $5 billion. and white. The budget lets you go line ticipated in historic debates on this Then there is the Republican effort by line to see just whom the Repub- Senate floor. They have statues and li- to blow up our existing healthcare sys- licans do care about. The Republican braries to remember them and por- tem. The Republican bill would open healthcare bill burns down healthcare traits in these halls. the door to discriminating against peo- access for millions of people in this The Senate has been home to many ple with preexisting conditions, and country in order to hand out tax extraordinary individuals but less fre- there is more. Insurance companies breaks to a tiny handful of millionaires quently acknowledged is the truth that could drop coverage for mental health and billionaires. no Senator operates alone. We rely on and substance abuse disorders. Insur- The Republican budget rips away the counsel and good service of dedi- ance companies could decide not to coverage for people with disabilities so cated staff in both our committees and cover pregnancy or maternity care. that giant corporations can keep more personal offices. Among those staff, They can drop coverage for prescrip- of their giant profits. The Republican there is perhaps no greater giant of the tion drugs. Insurance companies could, budget tosses seniors out of nursing Senate than Bill Dauster, who retires once again, impose lifetime limits on homes and puts the brakes on Alz- this week after more than three dec- diseases like cancer and heart condi- heimer’s research so the richest people ades of service. tions, even for people on employer in this country can rake in millions in With a clear-eyed understanding of plans in States like Massachusetts that tax cuts. That is not puzzling; that is the Senate, with all its features and its want nothing to do with the waivers unforgivable. flaws, a dedication to progressive val- the Republican bill allows. Let’s be clear about what is at stake ues and collegiality that has endeared The CBO says that out-of-pocket here. A couple of weeks ago, I was at him to Senator and staffer alike, Bill costs for these services that are no Malden Care Center, which is part of has been an asset to this institution longer covered would rise ‘‘thousands the Cambridge Health Alliance. Health and to all who have served with him. I of dollars a year,’’ but cutting out can- providers like these in Massachusetts am very pleased he is with us on the cer patients and mamas and newborn are on the frontlines, and they are floor today. babies and people with preexisting con- fighting back against the opioid epi- Senator Harry Reid called Bill his ditions just wasn’t enough for the Re- demic. ‘‘utility player’’ for his ability to step publicans. President Trump used his The folks at Cambridge Health Alli- into any issue or complicated matter new budget to cut hundreds of millions ance told me that before the ACA, they and find a solution. of dollars from the Federal agency were lucky if one out of every three I am privileged that Bill Dauster leading the fight against opioids. Tens people walking through their doors had joined my staff early this year to help of thousands of people are dying, and health insurance. Today, after years of me set up my office and get it off to a the Trump budget cuts money needed hard work in Massachusetts to pass bi- good start in the U.S. Senate. I could in the fight against opioids. It gets partisan health reform and then to im- not have asked for a better and more even worse. plement the ACA, more than 97 percent knowledgeable guy as I began my serv- Together, the Republican healthcare of the people in our State have ice here. bill and the President’s budget rip well healthcare. More than 9 out of 10 peo- There are few major legislative bat- over a trillion dollars out of the Med- ple coming into Cambridge Health Alli- tles that Bill Dauster has not joined in icaid Program, which provides health ance clinics now have coverage. Be- the past 30 years, including the Chil- insurance to one in five people in this cause of that coverage, CHA could offer dren’s Health Insurance Program, the country. Medicaid funds more than half a wide range of services, including Bipartisan Campaign Reform Act, and the people in nursing homes. When a treatment for opioids. They are mak- the Affordable Care Act. He worked for new baby is born in this country, Med- ing headway: More lives saved, more Senator Feingold when he stood icaid pays for about half of those success stories, more healthy babies. against the so-called PATRIOT Act be- births. Seniors in nursing homes and I am not going to tell the seniors and cause of its invasion of privacy, and he new babies are just targets for the Re- the mamas and the people on the helped shepherd Democratic priorities, publican cuts. frontlines of the opioid crisis they have ranging from the minimum wage to Then, like extra chocolate sauce driz- to give up those gains to pay for tax important infrastructure investments. zled over this misery sundae, the budg- cuts for the wealthiest people in this He has written a book on Senate pro- et also cuts the Children’s Health In- country. If Senate Republicans want to cedure—and I mean literally—and he surance Program by 20 percent over the defend this indefensible budget and un- has been as much a scholar of the Sen- next decade. Children’s health insur- forgivable healthcare bill, then they ate as a participant in its daily life.

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.037 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3185 Bill is a leader of what the Washington Second Lieutenant Collins’ selfless port, where the Congressional Budget Post once called ‘‘the whisper brigade,’’ and courageous contributions to our Office reaches the conclusion that if we the people, the staff who stand with State and Nation will continue to have adopt this House proposal, if the Sen- their Senators, from committee hear- a lasting impact on those who knew ate votes for the House Republican bill, ings to floor speeches, to answer ques- and loved him and on the broader com- there will be 23 million fewer of our fel- tions and offer suggestions and help munity who learned of his tragic and low Americans who will have access to make us better and more prepared. senseless death. At the young age of 23, affordable healthcare when it is phased In that capacity, Bill Dauster has Second Lieutenant Collins raised his in than today. So if we were to adopt mentored countless staff and always right hand to protect and defend the this, if this becomes law, we are saying stayed accessible to answer the most Constitution of the United States. He to 23 million of our fellow Americans: basic questions. With a quote or a quip, was a young man of extraordinary Sorry, we are going to take away your he has brought levity to serious policy courage and ability and will be deeply access to affordable healthcare. It is discussions. He has built a reputation missed by all who knew him. right there on page 4. That is because as an honest broker, a brilliant Second Lieutenant Collins leaves be- what this so-called healthcare bill does dealmaker, and an incredibly generous hind his grieving family: his father, is take away some of the supports that soul. U.S. veteran Richard W. Collins II; his provide access to affordable healthcare. Bill’s character is shaped by his Jew- mother Dawn Collins, his sister Robin It reduces for millions of Americans ish faith, which he has studied and Collins, and countless friends. the tax credits they use for their pre- sought to illuminate to others. He has Mr. President, I ask my colleagues to miums in the Affordable Care Act ex- devoted free time to analysis of the join me in remembering Second Lieu- changes. Torah on Wikipedia and many other tenant Richard Wilbur Collins III and As you will find on page 3 of this re- places, crafting interpretations that in expressing our deepest condolences port, it also cuts Medicaid by $834 bil- are as detailed, carefully explained, to his family and friends. lion. Now some people will say: Hey, no and straightforward as the analysis he f problem; that is just going to be sent has provided on countless Senate bills. to the States, and States are going to TRUMPCARE Bill Dauster is a devoted family man have more flexibility. with his equally accomplished and bril- Mr. VAN HOLLEN. Mr. President, as The Congressional Budget Office is liant wife Ellen and his three children our colleagues know, just yesterday we very clear that when you are talking who are his pride and joy. I am very received the Congressional Budget Of- about Medicaid cuts of this impact, one pleased that his wife Ellen and daugh- fice’s analysis of the most recent of two things happen: Either a lot ter Emma are with us today. version of the Republican health care fewer people get access to affordable He is a science fiction fan, particu- bill, the bill that passed out of the healthcare or States have to raise larly of Star Trek, perhaps seeking sto- House of Representatives, also known taxes on the people in their States to ries that are more believable than mod- as TrumpCare 2.0. ensure continued access. But this no- ern politics. I encourage all of us, every one of our tion that somehow there are all these I wish Bill a restful retirement, but colleagues, to read the CBO report and extra funds floating around and that given his active mind, I suspect he to read it carefully. For those who are greater flexibility will allow fewer dol- would sympathize with Justice Oliver interested, it can be found online at lars to go further with no negative im- Wendell Holmes’ maxim that leisure is www.cbo.gov. On the front page you pact is a fairytale. ‘‘a chance to do other jobs that demand can link to the report, which I have In fact, Medicaid already has lots of attention.’’ here in my hand. provisions for flexibility. They have a Instead, I will thank him for his serv- I think it is worth reminding our col- whole suite of waiver provisions. Our ice to the Senate and his country and leagues that the Congressional Budget State of Maryland exercised lots of wish him a joyful and fulfilling next Office is composed of professionals, waivers under the Medicaid program to frontier. I ask my colleagues to join me budget experts, and the current Direc- allow it to be creative and flexible. in saying: Farewell, but don’t wander tor of the Congressional Budget Office This $834 billion cut we found out far. was selected by the Republican chair- about yesterday with the President’s f man of the House Budget Committee budget is just the first round of cuts. and the Republican chairman of the They are proposing another almost $610 HONORING SECOND LIEUTENANT Senate Budget Committee. Without an billion cut to Medicaid. Total cuts are RICHARD WILBUR COLLINS III umpire on budget issues, this Senate $1.4 trillion to Medicaid. Mr. VAN HOLLEN. Mr. President, I would be in absolute chaos when it I would remind my colleagues that in stand to pay tribute to a distinguished comes to determining the impact of addition to helping working-class young man from the State of Mary- many of our major decisions, so it is Americans get access to healthcare, land: 2LT Richard Wilbur Collins III, a very dangerous when people start at- two-thirds of Medicaid money goes to brave, brilliant, passionate, selfless, tacking the umpire when it comes to help seniors in nursing homes, and 60 and kind American hero. these important issues that can have percent of seniors in nursing homes use Second Lieutenant Collins, a resident literally life or death implications for Medicaid to help pay the bills. Two- of Calvert County, MD, was a 23-year- our constituents. thirds of it goes to those seniors and old student at Bowie State University, What you will find in this most re- people with disabilities. where he was a member of the Bowie cent Congressional Budget Office re- The Congressional Budget Office is ROTC Program and was airborne-cer- port is that the most recent House Re- telling us that this TrumpCare 2.0, this tified. On May 18, just last week, he publican plan is even worse than the latest version of the Republican was commissioned as a second lieuten- original plan, which also was the sub- healthcare bill, is going to result in 23 ant in the U.S. Army’s intelligence ject of a Congressional Budget Office million fewer of our fellow Americans branch. Second Lieutenant Collins was report. What this CBO report tells us is having access to healthcare. It is going scheduled to graduate with a bachelor’s that, like the earlier version, this so- to cut Medicaid, and this is just the of arts in business administration from called health bill is really a massive first round, by $834 billion. Bowie State University earlier this transfer of wealth from working-class Why do this? Who is benefiting from week. His future could not have been and middle-income Americans to the this? Well, let’s look at the very first brighter. top 1 percent of the wealthiest in our page of the Congressional Budget Of- Tragically, Second Lieutenant Col- country and some very powerful special fice report. It reduces revenues by $992 lins’ life was cut short by a horrific act interests. Its title would much more billion. There are cuts to Medicaid by of violence that the FBI is inves- fittingly be ‘‘wealthcare,’’ not $834 billion, and it reduces revenues tigating as a hate crime. We must healthcare. coming in by $992 billion, essentially bring the perpetrator of this evil act to Let’s take a look at some of the find- transferring revenues that are going to justice and directly confront the rac- ings that are in this report that can be help tens of millions of our fellow ism behind it. found online. I turn to page 4 of the re- Americans get access to healthcare and

VerDate Sep 11 2014 02:12 May 26, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.038 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3186 CONGRESSIONAL RECORD — SENATE May 25, 2017 transferring that to tax breaks. Those That is the House bill. Despite that ate proceed to executive session for the tax breaks go overwhelmingly to the additional funding to help reduce pre- consideration of Executive Calendar very wealthiest Americans—to the top miums, they go on, and I hope our col- Nos. 66 through 93 and all nominations 1 percent, in fact. leagues will pay attention to this con- placed on the Secretary’s desk in the One of the things we did when we put clusion: ‘‘As a result, the nongroup Air Force, Army, Marine Corps, and together the Affordable Care Act to markets in those states would become Navy; that the nominations be con- help pay for it was—we said: You know unstable for people with higher-than- firmed; that the motions to reconsider what, we think wealthier households average expected health care costs.’’ be considered made and laid upon the should have to pay a small fee on their Translation: People with preexisting table with no intervening action or de- unearned income to be devoted to the conditions, people who, because they bate; that no further motions be in Medicare trust fund. had diabetes or asthma as a child or order; that any statements related to Everyone in the country knows when they have a congenital disease—any the nominations be printed in the they get that pay stub, it tells them preexisting condition will make it RECORD; and that the President be im- how much is taken out for Medicare— much harder for them to afford any mediately notified of the Senate’s ac- 3.4 percent. We said: Look, that should kind of coverage at all, and ultimately tion. not just apply to earned income from the nongroup markets in those States The PRESIDING OFFICER. Is there hard-working people. If you’re in the will become unstable for those people. objection? top 1 percent, if you are a higher in- That is why this TrumpCare 2.0, this Without objection, it is so ordered. come earner, you should also be con- House healthcare bill, this Republican The nominations considered and con- tributing some of your capital gains bill, took a really rotten bill and actu- firmed are as follows: revenue to help strengthen Medicare. ally made it worse. IN THE AIR FORCE That is what we did. It is not enough, colleagues, for peo- The following named officer for appoint- Yet this bill provides all those house- ple to make a few cosmetic changes to ment in the United States Air Force to the holds with a tax cut. In fact, for mil- this, to put couple of bandaids on it in grade indicated under title 10, U.S.C., section lionaires, the average annual tax cut as the Senate, and say ‘‘Hey, we made 624: a result of this bill will be $50,000—a this thing better’’ because this is rot- To be major general $50,000 tax cut to millionaires while ten to its core. Brig. Gen. Sean L. Murphy If people really want to address cutting access to affordable care for 23 IN THE NAVY healthcare reform, let’s work together million of our fellow Americans. The following named officers for appoint- to improve the exchanges. There are Why all these tax cuts are in some- ment in the United States Navy to the grade commonsense things we can do to im- thing masquerading as a healthcare indicated under title 10, U.S.C., section 624: prove the exchanges, but you don’t im- bill, I don’t know, but we now know To be rear admiral (lower half) prove the exchanges by cutting Med- certainly who benefits the most from Capt. John A. Okon icaid by $834 billion. That has nothing Capt. Michael W. Studeman this legislation. Beyond those top 1 to do with the exchanges. You don’t percent income earners, you also have The following named officers for appoint- improve the exchanges by giving a ment in the United States Navy to the grade insurance companies and the pharma- windfall tax credit to the wealthiest ceutical industry. They get some tax indicated under title 10, U.S.C., section 624: Americans. That has nothing to do To be rear admiral (lower half) breaks, as well, under this legislation. with healthcare. Finally, I said at the outset that this Capt. Edward L. Anderson TrumpCare 2.0, this Republican Capt. Stuart P. Baker TrumpCare 2.0, the most recent Repub- healthcare bill, is rotten to the core. lican healthcare bill, is worse than the Capt. Michael D. Bernacchi, Jr. Let’s throw it out, and let’s focus on Capt. Frank M. Bradley original one. The original one was rot- the question of fixing the exchanges. If Capt. Daniel L. Cheever ten to the core. The original one had people want to do that, we can actually Capt. Yvette M. Davids most of the provisions I am talking get something done. But let’s not pre- Capt. Brian P. Fort about. So what got added that makes tend we are doing healthcare when Capt. Peter A. Garvin this one even worse? To find that, peo- really what the goal so far has been is Capt. William J. Houston ple should look at page 5 of this report ‘‘wealthcare.’’ Capt. Sara A. Joyner Capt. Frederick W. Kacher and see what happens to people in Thank you. States that decide to get rid of the pa- Capt. Timothy C. Kuehhas The PRESIDING OFFICER. The ma- Capt. Carl A. Lahti tient protection provisions in the Af- jority leader. Capt. Andrew J. Loiselle fordable Care Act. f Capt. Douglas G. Perry We have heard a lot of talk about UNANIMOUS CONSENT Capt. Fred I. Pyle how that House bill isn’t really going Capt. Erik M. Ross to hurt people with preexisting condi- AGREEMENT—S. RES. 176 Capt. Paul J. Schlise tions like diabetes and asthma. We Mr. MCCONNELL. Mr. President, I Capt. James P. Waters, III have heard all that, but here’s what the ask unanimous consent that following IN THE AIR FORCE Congressional Budget Office report leader remarks on Monday, June 5, the The following named officer for appoint- says. This is what the referee, the um- Senate proceed to the consideration of ment in the United States Air Force to the pire, has to say about that with respect Calendar No. 107, S. Res. 176, with the grade indicated while assigned to a position to those States. It says: ‘‘Community time until 5:30 p.m. equally divided in of importance and responsibility under title 10, U.S.C., section 601: rated premiums would rise over time, the usual form; further, that at 5:30 To be lieutenant general and people who are less healthy,’’ and p.m., the Senate vote on the resolution then they state ‘‘including those with with no amendments or motions in Maj. Gen. Bradford J. Shwedo preexisting conditions or newly ac- order to the resolution or the pre- The following named officer for appoint- quired medical conditions,’’ right? So amble; finally, that if the resolution is ment in the United States Air Force to the grade indicated while assigned to a position people who have had any kind of pre- agreed to, the preamble be agreed to and the motions to reconsider be con- of importance and responsibility under title existing condition or prior health con- 10, U.S.C., section 601: dition that an insurance company will sidered made and laid upon the table. The PRESIDING OFFICER. Is there To be lieutenant general argue makes them a much greater Maj. Gen. Giovanni K. Tuck risk—people who are less healthy and objection? IN THE ARMY those with preexisting conditions Without objection, it is so ordered. f The following named officer for appoint- ‘‘would ultimately be unable to pur- ment as the Vice Chief of Staff of the Army chase comprehensive nongroup health EXECUTIVE SESSION and appointment in the United States Army insurance at premiums comparable to to the grade indicated while assigned to a po- those under current law, if they could sition of importance and responsibility under purchase it at all.’’ They go on to say EXECUTIVE CALENDAR title 10, U.S.C., sections 601 and 3034: ‘‘despite the additional funding that Mr. MCCONNELL. Mr. President, I To be general would be available under H.R. 1628.’’ ask unanimous consent that the Sen- Lt. Gen. James C. McConville

VerDate Sep 11 2014 04:56 May 26, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.039 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3187 The following named officer for appoint- Brig. Gen. Francis M. Beaudette To be lieutenant general ment as the Deputy Judge Advocate General, Brig. Gen. Christopher F. Bentley Brig. Gen. Charles N. Pede United States Army, and for appointment in Brig. Gen. Gary M. Brito IN THE NAVY the United States Army to the grade indi- Brig. Gen. Patrick W. Burden cated under title 10, U.S.C., sections 3037 and Brig. Gen. Joseph R. Calloway The following named officer for appoint- 3064: Brig. Gen. Paul T. Calvert ment in the United States Navy to the grade indicated while assigned to a position of im- To be major general Brig. Gen. Paul A. Chamberlain portance and responsibility under title 10, Brig. Gen. Stuart W. Risch Brig. Gen. Ronald P. Clark Brig. Gen. Brian P. Cummings U.S.C., section 601: The following named officer for appoint- Brig. Gen. Edwin J. Deedrick, Jr. To be vice admiral ment in the United States Army to the grade Brig. Gen. Rodney D. Fogg Rear Adm. Phillip G. Sawyer indicated while assigned to a position of im- Brig. Gen. Robin L. Fontes IN THE MARINE CORPS portance and responsibility under title 10, Brig. Gen. Maria R. Gervais The following named officer for appoint- U.S.C., section 601: Brig. Gen. Karen H. Gibson ment in the United States Marine Corps to To be lieutenant general Brig. Gen. David P. Glaser the grade indicated while assigned to a posi- Maj. Gen. Thomas C. Seamands Brig. Gen. William H. Graham, Jr. tion of importance and responsibility under The following named officer for appoint- Brig. Gen. James B. Jarrard title 10, U.S.C., section 601: ment in the Reserve of the Army to the Brig. Gen. Gary W. Johnston grade indicated under title 10, U.S.C., section Brig. Gen. Mitchell L. Kilgo To be lieutenant general 12203: Brig. Gen. Ronald Kirklin Maj. Gen. Brian D. Beaudreault To be brigadier general Brig. Gen. John S. Kolasheski NOMINATIONS PLACED ON THE SECRETARY’S Col. Mark E. Black Brig. Gen. Viet X. Luong DESK Brig. Gen. Patrick E. Matlock The following named officer for appoint- IN THE AIR FORCE Brig. Gen. Brian J. Mennes ment in the Reserve of the Army to the PN382 AIR FORCE nomination of James E. Brig. Gen. Jeffrey L. Milhorn grade indicated under title 10, U.S.C., section Thompson, which was received by the Senate Brig. Gen. James J. Mingus 12203: and appeared in the Congressional Record of Brig. Gen. Christopher J. Sharpsten May 8, 2017. To be brigadier general Brig. Gen. John P. Sullivan PN411 AIR FORCE nomination of Johanna Col. Matthew V. Baker Brig. Gen. Frank W. Tate K. Ream, which was received by the Senate Brig. Gen. Daniel R. Walrath The following named officer for appoint- and appeared in the Congressional Record of Brig. Gen. Brian E. Winski ment in the Reserve of the Army to the May 10, 2017. grade indicated under title 10, U.S.C., section The following named officers for pro- PN412 AIR FORCE nominations (118) begin- 12203: motion in the United States Army Judge Ad- ning PAUL R. AGUIRRE, and ending PETER To be major general vocate General’s Corps to the grade indi- LAWRENCE ZALEWSKI, which nominations Brig. Gen. Chris R. Gentry cated under title 10, U.S.C., sections 624, 3037, were received by the Senate and appeared in and 3064: The following named officer for appoint- the Congressional Record of May 10, 2017. ment in the Reserve of the Army to the To be brigadier general IN THE ARMY grade indicated under title 10, U.S.C., section Col. Susan K. Arnold PN317 ARMY nomination of Kalie K. Rott, 12203: Col. Joseph B. Berger, III which was received by the Senate and ap- To be major general Col. Robert P. Huston peared in the Congressional Record of April Brig. Gen. Robert A. Karmazin The following Army National Guard of the 24, 2017. United States officer for appointment in the PN318 ARMY nomination of Norma A. Hill, The following named officer for appoint- Reserve of the Army to the grade indicated which was received by the Senate and ap- ment in the Reserve of the Army to the under title 10, U.S.C., sections 12203 and peared in the Congressional Record of April grade indicated under title 10, U.S.C., section 12211: 24, 2017. 12203: To be brigadier general PN319 ARMY nomination of Frank C. To be major general Pescatello, Jr., which was received by the Col. Richard J. Lebel Brig. Gen. Marion Garcia Senate and appeared in the Congressional The following named officer for appoint- The following named officer for appoint- Record of April 24, 2017. ment in the Reserve of the Army to the ment in the Reserve of the Army to the PN320 ARMY nomination of Basim M. grade indicated under title 10, U.S.C., sec- grade indicated under title 10, U.S.C., section Younis, which was received by the Senate tions 12203 and 12211: 12203: and appeared in the Congressional Record of To be major general To be brigadier general April 24, 2017. PN321 ARMY nomination of Stanley F. Brig. Gen. Joseph E. Whitlock Col. Todd W. Lewis The following named officers for appoint- Gould, which was received by the Senate and The following named officer for appoint- appeared in the Congressional Record of ment in the Reserve of the Army to the ment in the United States Army Medical Corps to the grade indicated under title 10, April 24, 2017. grade indicated under title 10, U.S.C., section PN322 ARMY nomination of Scott W. Fish- U.S.C., sections 624 and 3064: 12203: er, which was received by the Senate and ap- To be brigadier general To be brigadier general peared in the Congressional Record of April Col. Miguel A. Castellanos Col. George N. Appenzeller 24, 2017. Col. Telita Crosland PN323 ARMY nominations (16) beginning The following named officer for appoint- GARY L. BEATY, and ending MICHAEL A. ment in the Reserve of the Army to the IN THE MARINE CORPS M. WILSON, which nominations were re- grade indicated under title 10, U.S.C., section The following named officer for appoint- ceived by the Senate and appeared in the 12203: ment in the United States Marine Corps to Congressional Record of April 24, 2017. To be brigadier general the grade indicated while assigned to a posi- tion of importance and responsibility under PN324 ARMY nominations (2) beginning Col. Windsor S. Buzza title 10, U.S.C., section 601: DANIEL J. CONVEY, and ending PHILIP A. HORTON, which nominations were received The following named officer for appoint- To be lieutenant general ment in the Reserve of the Army to the by the Senate and appeared in the Congres- grade indicated under title 10, U.S.C., sec- Maj. Gen. Steven R. Rudder sional Record of April 24, 2017. tions 12203 and 12211: IN THE ARMY PN325 ARMY nominations (2) beginning To be brigadier general The following named officer for appoint- SOPHIA DALCE, and ending BURKE LENZ, which nominations were received by the Sen- Col. Randall V. Simmons, Jr. ment in the United States Army to the grade indicated while assigned to a position of im- ate and appeared in the Congressional The following named officer for appoint- portance and responsibility under title 10, Record of April 24, 2017. ment in the Reserve of the Army to the U.S.C., section 601: PN326 ARMY nomination of Dawn E. El- grade indicated under title 10, U.S.C., sec- liott, which was received by the Senate and To be lieutenant general tions 12203 and 12211: appeared in the Congressional Record of To be brigadier general Maj. Gen. Laura J. Richardson April 24, 2017. Col. Michael D. Wickman The following named officer for appoint- PN327 ARMY nomination of D012528, which ment as the Judge Advocate General, United was received by the Senate and appeared in The following named officers for appoint- States Army, and for appointment in the the Congressional Record of April 24, 2017. ment in the United States Army to the grade United States Army to the grade indicated PN328 ARMY nomination of Benjamin W. indicated under title 10, U.S.C., section 624: while serving as the Judge Advocate Gen- Hillner, which was received by the Senate To be major general eral, under title 10, U.S.C., sections 601, 3037, and appeared in the Congressional Record of Brig. Gen. Carl A. Alex and 3064: April 24, 2017.

VerDate Sep 11 2014 04:56 May 26, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.052 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3188 CONGRESSIONAL RECORD — SENATE May 25, 2017 PN329 ARMY nomination of Celina S. CHARLETTE K. WOODARD, which nomina- and appeared in the Congressional Record of Pargo, which was received by the Senate and tions were received by the Senate and ap- April 24, 2017. appeared in the Congressional Record of peared in the Congressional Record of May PN339 NAVY nomination of Michael A. April 24, 2017. 10, 2017. Polito, which was received by the Senate and PN330 ARMY nomination of Paul R. Am- IN THE MARINE CORPS appeared in the Congressional Record of brose, which was received by the Senate and PN171 MARINE CORPS nominations (5) be- April 24, 2017. appeared in the Congressional Record of ginning MARK S. JIMISON, and ending PN340 NAVY nomination of Raymond J. April 24, 2017. SHAWN P. WONDERLICH, which nomina- Carlson, Jr., which was received by the Sen- PN331 ARMY nominations (2) beginning tions were received by the Senate and ap- ate and appeared in the Congressional JAMES L. DUNGCA and ending NATHAN S. peared in the Congressional Record of March Record of April 24, 2017. LANHAM, which nominations were received 27, 2017. PN343 NAVY nomination of Christopher M. by the Senate and appeared in the Congres- PN233 MARINE CORPS nomination of Allen, which was received by the Senate and sional Record of April 24, 2017. Jason G. Lacis, which was received by the appeared in the Congressional Record of PN332 ARMY nomination of Charles R. Senate and appeared in the Congressional April 24, 2017. Burnett, which was received by the Senate Record of April 4, 2017. PN430 NAVY nomination of Aaron L. and appeared in the Congressional Record of PN235 MARINE CORPS nomination of Witherspoon, which was received by the Sen- April 24, 2017. Kevin J. Goodwin, which was received by the ate and appeared in the Congressional PN383 ARMY nomination of Pablo F. Diaz, Senate and appeared in the Congressional Record of May 10, 2017. which was received by the Senate and ap- Record of April 4, 2017. peared in the Congressional Record of May 8, PN437 NAVY nomination of John E. Fritz, PN341 MARINE CORPS nomination of which was received by the Senate and ap- 2017. Javier E. Vega, which was received by the PN384 ARMY nomination of Craig A. Naza- peared in the Congressional Record of May Senate and appeared in the Congressional reth, which was received by the Senate and 10, 2017. Record of April 24, 2017. appeared in the Congressional Record of May PN342 MARINE CORPS nomination of Ser- 8, 2017. gio L. Sandoval, which was received by the f PN385 ARMY nomination of Brian C. Senate and appeared in the Congressional McLean, which was received by the Senate Record of April 24, 2017. EXECUTIVE CALENDAR and appeared in the Congressional Record of PN451 MARINE CORPS nomination of Mi- May 8, 2017. chael S. Stevens, which was received by the Mr. MCCONNELL. Mr. President, I PN386 ARMY nomination of Raymond C. Senate and appeared in the Congressional ask unanimous consent that the Sen- Casteline, which was received by the Senate Record of May 10, 2017. ate proceed to the en bloc consider- and appeared in the Congressional Record of PN452 MARINE CORPS nomination of Pat- ation of the following nominations: Ex- May 8, 2017. rick J. Mullen, which was received by the PN387 ARMY nomination of Daniel J. ecutive Calendar Nos. 60, 62, and 64. Senate and appeared in the Congressional Shank, which was received by the Senate The PRESIDING OFFICER. Is there Record of May 10, 2017. and appeared in the Congressional Record of PN453 MARINE CORPS nominations (45) objection? May 8, 2017. beginning RAYMOND L. ADAMS, and ending Without objection, it is so ordered. PN388 ARMY nomination of Christopher DOUGLAS S. WOODHAMS, which nomina- W. Degn, which was received by the Senate The clerk will report the nomina- tions were received by the Senate and ap- and appeared in the Congressional Record of tions en bloc. peared in the Congressional Record of May May 8, 2017. The legislative clerk read the nomi- PN389 ARMY nomination of Jason T. Kid- 10, 2017. nations of David L. Norquist, of Vir- der, which was received by the Senate and IN THE NAVY ginia, to be Under Secretary of Defense appeared in the Congressional Record of May PN147 NAVY nomination of Susan M. (Comptroller); Kari A. Bingen, of Vir- 8, 2017. McGarvey, which was received by the Senate ginia, to be a Principal Deputy Under PN390 ARMY nomination of Tito M. and appeared in the Congressional Record of Villanueva, which was received by the Sen- March 27, 2017. Secretary of Defense; and Robert Story ate and appeared in the Congressional PN168 NAVY nomination of Sheila I. Karem, of the District of Columbia, to Record of May 8, 2017. Almendras-Flaherty, which was received by be an Assistant Secretary of Defense. PN391 ARMY nomination of Philip J. the Senate and appeared in the Congres- Thereupon, the Senate proceeded to Dacunto, which was received by the Senate sional Record of March 27, 2017. consider the nominations en bloc. and appeared in the Congressional Record of PN170 NAVY nomination of Adrian D. Mr. MCCONNELL. Mr. President, I May 8, 2017. Ragland, which was received by the Senate PN392 ARMY nomination of Stephen R. and appeared in the Congressional Record of ask unanimous consent that the Sen- November, which was received by the Senate March 27, 2017. ate vote on the nominations en bloc and appeared in the Congressional Record of PN207 NAVY nomination of Christopher R. with no intervening action or debate; May 8, 2017. Desena, which was received by the Senate that if confirmed, the motions to re- PN393 ARMY nomination of Luisa and appeared in the Congressional Record of consider be considered made and laid Santiago, which was received by the Senate April 4, 2017. upon the table en bloc; that the Presi- and appeared in the Congressional Record of PN212 NAVY nomination of Kenneth L. dent be immediately notified of the May 8, 2017. Demick, Jr., which was received by the Sen- PN394 ARMY nomination of Robert J. Bon- ate and appeared in the Congressional Senate’s action; that no further mo- ner, which was received by the Senate and Record of April 4, 2017. tions be in order; that any statements appeared in the Congressional Record of May PN214 NAVY nomination of Michael C. related to the nominations be printed 8, 2017. Bratley, which was received by the Senate in the RECORD; and that the Senate PN413 ARMY nomination of Mohamad El and appeared in the Congressional Record of then resume legislative session. Samad, which was received by the Senate April 4, 2017. The PRESIDING OFFICER. Is there and appeared in the Congressional Record of PN333 NAVY nomination of Evan M. May 10, 2017. Colbert, which was received by the Senate objection? PN414 ARMY nomination of Lana J. and appeared in the Congressional Record of Without objection, it is so ordered. Bernat, which was received by the Senate April 24, 2017. Mr. MCCONNELL. Mr. President, I and appeared in the Congressional Record of PN334 NAVY nomination of Luciana Sung, know of no further debate on the nomi- May 10, 2017. which was received by the Senate and ap- nations. PN415 ARMY nomination of Patrick K. peared in the Congressional Record of April The PRESIDING OFFICER. Hearing Sullivan, which was received by the Senate 24, 2017. and appeared in the Congressional Record of PN335 NAVY nomination of William A. no further debate, the question is, Will May 10, 2017. Schultz, which was received by the Senate the Senate advise and consent to the PN416 ARMY nominations (207) beginning and appeared in the Congressional Record of Norquist, Bingen, and Karem nomina- DEREK L. ADAMS, and ending JAMES M. April 24, 2017. tions en bloc? YATES, which nominations were received PN336 NAVY nomination of William L. The nominations were confirmed en by, the Senate and appeared in the Congres- McCoy, which was received by the Senate bloc. sional Record of May 10, 2017. and appeared in the Congressional Record of PN417 ARMY nominations (230) beginning April 24, 2017. RODNEY ABRAMS, and ending D010081, PN337 NAVY nomination of Chris F. White, f which nominations were received by the Sen- which as received by the Senate and ap- ate and appeared in the Congressional peared in the Congressional Record of April LEGISLATIVE SESSION Record of May 10, 2017. 24, 2017. PN418 ARMY nominations (58) beginning PN338 NAVY nomination of Karl M. The PRESIDING OFFICER. The Sen- CHRISTINE N. ADAMS, and ending Kingry, which was received by the Senate ate will now resume legislative session.

VerDate Sep 11 2014 04:56 May 26, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.055 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3189 INCREASING THE DEPARTMENT OF dressing issues relating to performance, in ing the probationary status of such em- VETERANS AFFAIRS ACCOUNT- particular issues relating to the performance ployee; and ABILITY TO VETERANS ACT OF of employees that report to the manager.’’. (2) making a timely determination under (b) CLERICAL AMENDMENT.—The table of 2017 subsection (a) regarding the probationary sections at the beginning of chapter 7 of such status of such employee. Mr. MCCONNELL. Mr. President, I title is further amended by inserting after (d) SUPERVISOR DEFINED.—In this section, ask unanimous consent that the Com- the item relating to section 709 the following the term ‘‘supervisor’’ has the meaning given mittee on Veterans Affairs be dis- new item: such term in section 7103(a) of title 5, United charged from further consideration of ‘‘710. Annual performance plan for political States Code. S. 12 and the Senate proceed to its im- appointees.’’. SEC. 4. ACCOUNTABILITY OF MANAGERS FOR AD- SEC. 3. ACCOUNTABILITY OF SUPERVISORS AT DRESSING PERFORMANCE OF EM- mediate consideration. DEPARTMENT OF VETERANS AF- PLOYEES. The PRESIDING OFFICER. Without FAIRS FOR HIRING WELL-QUALIFIED The Secretary of Veterans Affairs shall en- objection, it is so ordered. PEOPLE. sure that, as a part of the annual perform- The clerk will report the bill by title. (a) ASSESSMENT DURING PROBATIONARY PE- ance plan of an employee of the Department The legislative clerk read as follows: RIOD.— of Veterans Affairs who is a manager, the A bill (S. 12) to amend title 38, United (1) DETERMINATION REQUIRED.—With re- manager is evaluated on the following: States Code, to improve the accountability spect to any employee of the Department of (1) Taking action to address poor perform- of employees of the Department of Veterans Veterans Affairs who is required to serve a ance and misconduct among the employees Affairs, and for other purposes. probationary period in a position in the De- that report to the manager. partment, the Secretary of Veterans Affairs (2) Taking steps to improve or sustain high There being no objection, the Senate shall require the supervisor of such employee proceeded to consider the bill. levels of employee engagement. to determine, during the 30-day period end- SEC. 5. WRITTEN OPINION ON CERTAIN EMPLOY- Mr. MCCONNELL. Mr. President, I ing on the date on which the probationary MENT RESTRICTIONS AFTER TERMI- ask unanimous consent that the Moran period ends, whether the employee— NATING EMPLOYMENT WITH THE amendment at the desk be considered (A) has demonstrated successful perform- DEPARTMENT OF VETERANS AF- and agreed to, the bill, as amended, be ance; and FAIRS. considered read a third time and (B) should continue past the probationary (a) IN GENERAL.—Subchapter I of chapter 7 of title 38, United States Code, is further passed, and the motion to reconsider be period. (2) LIMITATION ON EMPLOYMENT AFTER PRO- amended by adding at the end the following considered made and laid upon the BATIONARY PERIOD.— new section: table. (A) IN GENERAL.—Except as provided in ‘‘§ 717. Written opinion on certain employ- The PRESIDING OFFICER. Without subparagraph (B), no employee of the De- ment restrictions after terminating employ- objection, it is so ordered. partment serving a probationary period as ment with the Department The amendment (No. 218) was agreed described in paragraph (1) may complete ‘‘(a) IN GENERAL.—Before terminating em- to, as follows: that probationary period unless and until ployment with the Department, any official (Purpose: To improve the bill by striking the supervisor of the employee, or another of the Department who has participated per- section 2, relating to reduction of benefits supervisor capable of making the requisite sonally and substantially during the one- for senior executives and certain health determination, has made an affirmative de- year period ending on the date of the termi- care employees of the Department of Vet- termination under such paragraph. nation in an acquisition by the Department erans Affairs convicted of a felony) (B) PROBATIONARY PERIOD DEEMED COM- that exceeds $10,000,000 shall obtain a written Strike Sec. 2. PLETED.— opinion from an appropriate ethics counselor The bill (S. 12), as amended, was or- (i) NO DETERMINATION.—If no determination at the Department regarding any restric- under paragraph (1) is made with respect to dered to be engrossed for a third read- tions on activities that the official may un- an employee before the end of the 60-day pe- dertake on behalf of a covered contractor ing, was read the third time, and riod following the end of the 30-day period passed, as follows: during the two-year period beginning on the specified in such paragraph, the employee date on which the official terminates such S. 12 shall be deemed to have completed the pro- employment. Be it enacted by the Senate and House of Rep- bationary period of the employee effective as ‘‘(b) COVERED CONTRACTOR DEFINED.—In resentatives of the United States of America in of the end of that 60-day period. this section, the term ‘covered contractor’ Congress assembled, (ii) RETROACTIVE EFFECT OF DETERMINA- means a contractor carrying out a contract TION.—If an affirmative determination under SECTION 1. SHORT TITLE. entered into with the Department, including paragraph (1) is made with respect to an em- This Act may be cited as the ‘‘Increasing pursuant to a subcontract.’’. ployee after the end of the 30-day period the Department of Veterans Affairs Account- (b) CLERICAL AMENDMENT.—The table of specified in such paragraph, the employee ability to Veterans Act of 2017’’. sections at the beginning of chapter 7 of such shall be deemed to have completed the pro- title is further amended by inserting after SEC. 2. ACCOUNTABILITY OF LEADERS FOR MAN- bationary period of the employee effective as AGING THE DEPARTMENT OF VET- the item relating to section 715 the following ERANS AFFAIRS. of the end of that 30-day period. new item: (3) NOTIFICATION TO CONGRESS REGARDING (a) IN GENERAL.—Chapter 7 of title 38, ‘‘717. Written opinion on certain employment DETERMINATIONS.—Not less frequently than United States Code, is amended by inserting restrictions after leaving the monthly, the Secretary shall notify the after section 709 the following new section: Department.’’. Committee on Veterans’ Affairs of the Sen- ‘‘§ 710. Annual performance plan for political ate and the Committee on Veterans’ Affairs SEC. 6. REQUIREMENT FOR CONTRACTORS OF appointees THE DEPARTMENT EMPLOYING CER- of the House of Representatives regarding— TAIN RECENTLY SEPARATED DE- ‘‘(a) IN GENERAL.—The Secretary shall con- (A) each instance during such month in PARTMENT EMPLOYEES. duct an annual performance plan for each po- which a supervisor did not make a deter- (a) IN GENERAL.—Subchapter II of chapter litical appointee of the Department that is mination required under paragraph (1) dur- 81 of title 38, United States Code, is amended similar to the annual performance plan con- ing the period required in such paragraph; by adding at the end the following new sec- ducted for an employee of the Department and tion: who is appointed as a career appointee (as (B) each such instance included in a pre- ‘‘§ 8129. Requirement for contractors employ- that term is defined in section 3132(a)(4) of vious notification under this paragraph for ing certain recently separated Department title 5) within the Senior Executive Service which the supervisor still has not made such employees at the Department. a determination. ‘‘(b) ELEMENTS OF PLAN.—Each annual per- (b) SUPERVISORS.—With respect to any em- ‘‘(a) IN GENERAL.—A covered contractor formance plan conducted under subsection ployee of the Department who is serving a may not knowingly provide compensation to (a) with respect to a political appointee of probationary period in a supervisory position an individual described in subsection (b) dur- the Department shall include, to the extent at the Department, successful performance ing the two-year period beginning on the applicable, an assessment of whether the ap- under subsection (a) shall include dem- date on which the individual terminates em- pointee is meeting the following goals: onstrating management competencies in ad- ployment with the Department unless the ‘‘(1) Recruiting, selecting, and retaining dition to the technical skills required for covered contractor determines that the indi- well-qualified individuals for employment at such position. vidual— the Department. (c) PERFORMANCE PLAN.—Each annual per- ‘‘(1) has obtained the written opinion re- ‘‘(2) Engaging and motivating employees. formance plan conducted for a supervisor of quired under section 717(a) of this title; or ‘‘(3) Training and developing employees an employee serving a probationary period ‘‘(2) has requested such written opinion not and preparing those employees for future shall hold the supervisor accountable for— later than 30 days before receiving com- leadership roles within the Department. (1) providing regular feedback to such em- pensation from the covered contractor. ‘‘(4) Holding each employee of the Depart- ployee during such period before making a ‘‘(b) INDIVIDUAL DESCRIBED.—An individual ment that is a manager accountable for ad- determination under subsection (a) regard- described in this subsection is any official of

VerDate Sep 11 2014 03:59 May 26, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.054 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3190 CONGRESSIONAL RECORD — SENATE May 25, 2017 the Department who participated personally the submittal of the report, a description of Sec. 107. Information on whistleblower pro- and substantially during the one-year period the performance awards and bonuses award- tections. ending on the date of the termination indi- ed to Regional Office Directors of the De- TITLE II—DEPARTMENT OF VETERANS vidual’s employment with the Department in partment, Directors of Medical Centers of AFFAIRS EMPLOYEES an acquisition by the Department that ex- the Department, and Directors of Veterans Sec. 201. Prevention of unauthorized access ceeds $10,000,000. Integrated Service Networks. to medical records of employees ‘‘(c) COVERED CONTRACTOR DEFINED.—In ‘‘(b) ELEMENTS.—Each report submitted of the Department of Veterans this section, the term ‘covered contractor’ under subsection (a) shall include the fol- Affairs. means a contractor carrying out a contract lowing with respect to each performance Sec. 202. Outreach on availability of mental entered into with the Department, including award or bonus awarded to an individual de- health services available to em- pursuant to a subcontract.’’. scribed in such subsection: ployees of the Department of (b) APPLICATION.—The requirement under ‘‘(1) The amount of each award or bonus. Veterans Affairs. section 8129(a) of title 38, United States ‘‘(2) The job title of the individual awarded Sec. 203. Protocols to address threats Code, as added by subsection (a), shall apply the award or bonus. against employees of the De- with respect to any entity that enters into a ‘‘(3) The location where the individual partment of Veterans Affairs. contract with the Department on or after awarded the award or bonus works. Sec. 204. Comptroller General of the United the date of the enactment of this Act. ‘‘(c) APPROPRIATE COMMITTEES OF CON- States study on accountability (c) CLERICAL AMENDMENT.—The table of GRESS.—In this section, the term ‘appro- of chiefs of police of Depart- sections at the beginning of chapter 81 of priate committees of Congress’ means— ment of Veterans Affairs med- such title is amended by inserting after the ‘‘(1) the Committee on Veterans’ Affairs ical centers. item relating to section 8128 the following and the Committee on Appropriations of the TITLE I—EMPLOYEES GENERALLY new item: Senate; and SEC. 101. DEFINITIONS. ‘‘(2) the Committee on Veterans’ Affairs ‘‘8129. Requirement for contractors employ- In this title— and the Committee on Appropriations of the ing certain recently separated (1) the term ‘‘agency’’— House of Representatives.’’. Department employees.’’. (A) except as provided in subparagraph (B), (b) CLERICAL AMENDMENT.—The table of means an entity that is an agency, as defined f sections at the beginning of chapter 7 of such under section 2302 of title 5, United States title is amended by inserting after the item DEPARTMENT OF VETERANS AF- Code, without regard to whether one or more relating to section 713 the following new FAIRS BONUS TRANSPARENCY portions of title 5 of the United States Code item: ACT are inapplicable to the entity; and ‘‘714. Annual report on performance awards (B) does not include any entity that is an Mr. MCCONNELL. Mr. President, I and bonuses awarded to certain element of the intelligence community, as ask unanimous consent that the Com- high-level employees.’’. defined in section 3(4) of the National Secu- mittee on Veterans’ Affairs be dis- f rity Act of 1947 (50 U.S.C. 3003(4)); charged from further consideration of (2) the term ‘‘employee’’ means an em- S. 114 and the Senate proceed to its im- DR. CHRIS KIRKPATRICK WHISTLE- ployee (as defined in section 2105 of title 5, mediate consideration. BLOWER PROTECTION ACT OF United States Code) of an agency; and The PRESIDING OFFICER. Without 2017 (3) the term ‘‘personnel action’’ has the objection, it is so ordered. meaning given that term under section 2302 Mr. MCCONNELL. Mr. President, I of title 5, United States Code. The clerk will report the bill by title. ask unanimous consent that the Sen- SEC. 102. STAYS; PROBATIONARY EMPLOYEES. The legislative clerk read as follows: ate proceed to the immediate consider- (a) REQUEST BY SPECIAL COUNSEL.—Section A bill (S. 114) to amend title 38, United ation of Calendar No. 57, S. 585. 1214(b)(1) of title 5, United States Code, is States Code, to require the Secretary of Vet- The PRESIDING OFFICER. The amended by adding at the end the following: erans Affairs to submit an annual report re- clerk will report the bill by title. ‘‘(E) If the Merit Systems Protection garding performance awards and bonuses The legislative clerk read as follows: Board grants a stay under this subsection, awarded to certain high-level employees of the head of the agency employing the em- the Department of Veterans Affairs. A bill (S. 585) to provide greater whistle- ployee shall give priority to a request for a blower protections for Federal employees, There being no objection, the Senate transfer submitted by the employee.’’. increased awareness of Federal whistle- (b) PROBATIONARY EMPLOYEES.—Section proceeded to consider the bill. blower protections, and increased account- 1221 of title 5, United States Code, is amend- Mr. MCCONNELL. Mr. President, I ability and required discipline for Federal ed by adding at the end the following: ask unanimous consent that the bill be supervisors who retaliate against whistle- ‘‘(k) If the Merit Systems Protection Board considered read a third time and passed blowers, and for other purposes. grants a stay to an employee in probationary and the motion to reconsider be consid- There being no objection, the Senate status under subsection (c), the head of the ered made and laid upon the table. proceeded to consider the bill, which agency employing the employee shall give The PRESIDING OFFICER. Without had been reported from the Committee priority to a request for a transfer submitted objection, it is so ordered. by the employee.’’. on Homeland Security and Govern- (c) STUDY REGARDING RETALIATION AGAINST The bill (S. 114) was ordered to be en- mental Affairs, with amendments, as PROBATIONARY EMPLOYEES.—The Comp- grossed for a third reading, was read follows: troller General of the United States shall the third time, and passed, as follows: (The parts of the bill intended to be submit to the Committee on Homeland Secu- S. 114 stricken are shown in boldface brack- rity and Governmental Affairs of the Senate and the Committee on Oversight and Govern- Be it enacted by the Senate and House of Rep- ets and the parts of the bill intended to ment Reform of the House of Representa- resentatives of the United States of America in be inserted are shown in italic.) tives a report discussing retaliation against Congress assembled, S. 585 employees in probationary status. SECTION 1. SHORT TITLE. Be it enacted by the Senate and House of Rep- SEC. 103. PROHIBITED PERSONNEL PRACTICES. This Act may be cited as the ‘‘Department resentatives of the United States of America in Section 2302(b) of title 5, United States of Veterans Affairs Bonus Transparency Congress assembled, Code, is amended— Act’’. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) in paragraph (12), by striking ‘‘or’’ at SEC. 2. ANNUAL REPORT ON PERFORMANCE (a) SHORT TITLE.—This Act may be cited as the end; AWARDS AND BONUSES AWARDED the ‘‘Dr. Chris Kirkpatrick Whistleblower (2) in paragraph (13), by striking the period TO CERTAIN HIGH-LEVEL EMPLOY- EES OF THE DEPARTMENT OF VET- Protection Act of 2017’’. at the end and inserting ‘‘; or’’; and ERANS AFFAIRS. (b) TABLE OF CONTENTS.—The table of con- (3) by inserting after paragraph (13) the fol- (a) IN GENERAL.—Chapter 7 of title 38, tents for this Act is as follows: lowing: United States Code, is amended by adding at Sec. 1. Short title; table of contents. ‘‘(14) access the medical record of another the end the following new section: employee or an applicant for employment as TITLE I—EMPLOYEES GENERALLY a part of, or otherwise in furtherance of, any ‘‘§ 714. Annual report on performance awards Sec. 101. Definitions. conduct described in paragraphs (1) through and bonuses awarded to certain high-level Sec. 102. Stays; probationary employees. (13).’’. employees Sec. 103. Prohibited personnel practices. SEC. 104. DISCIPLINE OF SUPERVISORS BASED ‘‘(a) IN GENERAL.—Not later than 30 days Sec. 104. Discipline of supervisors based on ON RETALIATION AGAINST WHISTLE- after the end of each fiscal year, the Sec- retaliation against whistle- BLOWERS. retary shall submit to the appropriate com- blowers. (a) IN GENERAL.—Subchapter II of chapter mittees of Congress a report that contains, Sec. 105. Suicide by employees. 75 of title 5, United States Code, is amended for the most recent fiscal year ending before Sec. 106. Training for supervisors. by adding at the end the following:

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.050 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3191 ‘‘§ 7515. Discipline of supervisors based on re- delegate any authority or responsibility ø(D) Section 704 of the Homeland Security taliation against whistleblowers under this subsection. Act of 2002 (6 U.S.C. 344) is amended by strik- ‘‘(a) DEFINITIONS.—In this section— ‘‘(B) NONDELEGABILITY OF DETERMINATION ing ‘‘2302(c)’’ each place it appears and in- ‘‘(1) the term ‘agency’— REGARDING PROHIBITED PERSONNEL ACTION.—If serting ‘‘2307’’.¿ ‘‘(A) except as provided in subparagraph the head of an agency is responsible for de- (øE¿D) Section 1217(d)(3) of the Panama (B), means an entity that is an agency, as de- termining whether a supervisor has com- Canal Act of 1979 (22 U.S.C. 3657(d)(3)) is fined under section 2302, without regard to mitted a prohibited personnel action for pur- amended by striking ‘‘section 2302(d)’’ and whether any other provision of this chapter poses of paragraph (1), the head of the agen- inserting ‘‘section 2302(c)’’. is applicable to the entity; and cy may not delegate that responsibility.’’. (øF¿E) Section 1233(b) of the Panama Canal ‘‘(B) does not include any entity that is an (b) TECHNICAL AND CONFORMING AMEND- Act of 1979 (22 U.S.C. 3673(b)) is amended by element of the intelligence community, as MENT.—The table of sections for subchapter striking ‘‘section 2302(d)’’ and inserting ‘‘sec- defined in section 3(4) of the National Secu- II of chapter 75 of title 5, United States Code, tion 2302(c)’’. rity Act of 1947 (50 U.S.C. 3003(4)); is amended by adding at the end the fol- (b) PROVISION OF INFORMATION.—Chapter 23 ‘‘(2) the term ‘prohibited personnel action’ lowing: of title 5, United States Code, is amended by means taking or failing to take an action in ‘‘7515. Discipline of supervisors based on re- adding at the end the following: violation of paragraph (8), (9), or (14) of sec- taliation against whistle- ‘‘§ 2307. Information on whistleblower protec- tion 2302(b) against an employee of an agen- blowers.’’. tions cy; and SEC. 105. SUICIDE BY EMPLOYEES. ‘‘(a) DEFINITIONS.—In this section— ‘‘(3) the term ‘supervisor’ means an em- (a) REFERRAL.—The head of an agency ‘‘(1) the term ‘agency’— ployee who would be a supervisor, as defined shall refer to the Special Counsel, along with ‘‘(A) except as provided in subparagraph under section 7103(a), if the entity employing any information known to the agency re- (B), has the meaning given that term in sec- the employee was an agency. garding the circumstances described in para- tion 2302; and ‘‘(b) PROPOSED DISCIPLINARY ACTIONS.— graphs (2) and (3), any instance in which the ‘‘(B) does not include any entity that is an ‘‘(1) IN GENERAL.—If the head of the agency head of the agency has information indi- element of the intelligence community, as employing a supervisor, an administrative cating— defined in section 3(4) of the National Secu- law judge, the Merit Systems Protection (1) an employee of the agency committed rity Act of 1947 (50 U.S.C. 3003(4)); Board, the Special Counsel, a judge of the suicide; ‘‘(2) the term ‘new employee’ means an in- United States, or the Inspector General of (2) prior to the death of the employee, the dividual— the agency employing a supervisor deter- employee made any disclosure of informa- ‘‘(A) appointed to a position as an em- mines that the supervisor has committed a tion which reasonably evidences— ployee of an agency on or after the date of prohibited personnel action, the head of the (A) any violation of any law, rule, or regu- enactment of the Dr. Chris Kirkpatrick agency employing the supervisor, in accord- lation; or Whistleblower Protection Act of 2017; and ance with the procedures required under (B) gross mismanagement, a gross waste of ‘‘(B) who has not previously served as an paragraph (2)— funds, an abuse of authority, or a substantial employee; and ‘‘(A) for the first prohibited personnel ac- and specific danger to public health or safe- ‘‘(3) the term ‘whistleblower protections’ tion committed by a supervisor— ty; and means the protections against and remedies ‘‘(i) shall propose suspending the super- (3) after a disclosure described in para- for a prohibited personnel practice described visor for a period of not less than 3 days; and graph (2), a personnel action was taken in paragraph (8), subparagraph (A)(i), (B), ‘‘(ii) may, in addition to a suspension de- against the employee. (C), or (D) of paragraph (9), or paragraph (14) scribed in clause (i), propose any other ac- (b) OFFICE OF SPECIAL COUNSEL REVIEW.— of section 2302(b). tion, including a reduction in grade or pay, For any referral to the Special Counsel ‘‘(b) RESPONSIBILITIES OF HEAD OF AGEN- that the head of the agency determines ap- under subsection (a), the Special Counsel CY.—The head of each agency shall be re- propriate; and shall— sponsible for the prevention of prohibited ‘‘(B) for the second prohibited personnel (1) examine whether any personnel action personnel practices, for the compliance with action committed by a supervisor, shall pro- was taken because of any disclosure of infor- and enforcement of applicable civil service pose removing the supervisor. mation described in subsection (a)(2); and laws, rules, and regulations, and other as- ‘‘(2) PROCEDURES.— (2) take any action the Special Counsel de- pects of personnel management, and for en- suring (in consultation with the Special ‘‘(A) NOTICE.—A supervisor against whom termines appropriate under subchapter II of an action is proposed to be taken under para- chapter 12 of title 5, United States Code. Counsel and the Inspector General of the agency) that employees of the agency are in- graph (1) is entitled to written notice— SEC. 106. TRAINING FOR SUPERVISORS. formed of the rights and remedies available ‘‘(i) stating the specific reasons for the pro- In consultation with the Special Counsel to them under this chapter and chapter 12, posed action; and and the Inspector General of the agency (or including— ‘‘(ii) informing the supervisor of the right senior ethics official of the agency for an ‘‘(1) information regarding whistleblower of the supervisor to review the material agency without an Inspector General), the protections available to new employees dur- which is relied on to support the reasons for head of each agency shall provide training ing the probationary period; the proposed action. regarding how to respond to complaints al- ‘‘(2) the role of the Office of Special Coun- ‘‘(B) ANSWER AND EVIDENCE.— leging a violation of whistleblower protec- sel and the Merit Systems Protection Board ‘‘(i) IN GENERAL.—A supervisor who is noti- tions (as defined in section 2307 of title 5, with regard to whistleblower protections; fied under subparagraph (A) that the super- United States Code, as added by section 107) and visor is the subject of a proposed action available to employees of the agency— ‘‘(3) how to make a lawful disclosure of in- under paragraph (1) is entitled to 14 days fol- (1) to employees appointed to supervisory formation that is specifically required by lowing such notification to answer and fur- positions in the agency who have not pre- law or Executive order to be kept classified nish evidence in support of the answer. viously served as a supervisor; and in the interest of national defense or the ‘‘(ii) NO EVIDENCE FURNISHED; INSUFFICIENT (2) on an annual basis, to all employees of conduct of foreign affairs to the Special EVIDENCE.—After the end of the 14-day period the agency serving in a supervisory position. Counsel, the Inspector General of an agency, described in clause (i), if a supervisor does SEC. 107. INFORMATION ON WHISTLEBLOWER Congress, or other agency employee des- not furnish evidence as described in clause PROTECTIONS. ignated to receive such disclosures. (i) or if the head of the agency determines (a) EXISTING PROVISION.— ‘‘(c) TIMING.—The head of each agency that such evidence is not sufficient to re- (1) IN GENERAL.—Section 2302 of title 5, shall ensure that the information required to verse the proposed action, the head of the United States Code, is amended— be provided under subsection (b) is provided agency shall carry out the action. (A) by striking subsection (c); and to each new employee of the agency not later ‘‘(C) SCOPE OF PROCEDURES.—An action car- (B) by redesignating subsections (d), (e), than 6 months after the date the new em- ried out under this section— and (f) as subsections (c), (d), and (e), respec- ployee begins performing service as an em- ‘‘(i) except as provided in clause (ii), shall tively. ployee. be subject to the same requirements and pro- (2) TECHNICAL AND CONFORMING AMEND- ‘‘(d) INFORMATION ONLINE.—The head of cedures (including regarding appeals) as an MENTS.— each agency shall make available informa- action under section 7503, 7513, or 7543; and (A) Section 4505a(b)(2) of title 5, United tion regarding whistleblower protections ap- ‘‘(ii) shall not be subject to— States Code, is amended by striking ‘‘section plicable to employees of the agency on the ‘‘(I) paragraphs (1) and (2) of section 2302(d)’’ and inserting ‘‘section 2302(c)’’. public website of the agency, and on any on- 7503(b); (B) Section 5755(b)(2) of title 5, United line portal that is made available only to ‘‘(II) paragraphs (1) and (2) of subsection (b) States Code, is amended by striking ‘‘section employees of the agency if one exists. and subsection (c) of section 7513; or 2302(d)’’ and inserting ‘‘section 2302(c)’’. ‘‘(e) DELEGEES.—Any employee to whom ‘‘(III) paragraphs (1) and (2) of subsection (C) Section 110(b)(2) of the Whistleblower the head of an agency delegates authority (b) and subsection (c) of section 7543. Protection Enhancement Act of 2012 (5 for personnel management, or for any aspect ‘‘(3) DELEGATION.— U.S.C. 2302 note) is amended by striking thereof, shall, within the limits of the scope ‘‘(A) IN GENERAL.—Except as provided in ‘‘section ø2303(f)(1)¿ 2302(f)(1) or (2)’’ and in- of the delegation, be responsible for the ac- paragraph (B), the head of an agency may serting ‘‘section ø2303(e)(1)¿ 2302(e)(1) or (2)’’. tivities described in subsection (b).’’.

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(c) TECHNICAL AND CONFORMING AMEND- fairs directed towards employees of the De- (2) the term ‘‘employee’’ means an em- MENT.—The table of sections for chapter 23 of partment who are providing such health ployee (as defined in section 2105 of title 5, title 5, United States Code, is amended by care. United States Code) of an agency; and adding at the end the following: SEC. 204. COMPTROLLER GENERAL OF THE (3) the term ‘‘personnel action’’ has the ‘‘2307. Information on whistleblower protec- UNITED STATES STUDY ON AC- meaning given that term under section 2302 tions.’’. COUNTABILITY OF CHIEFS OF PO- of title 5, United States Code. LICE OF DEPARTMENT OF VET- SEC. 102. STAYS; PROBATIONARY EMPLOYEES. TITLE II—DEPARTMENT OF VETERANS ERANS AFFAIRS MEDICAL CENTERS. (a) REQUEST BY SPECIAL COUNSEL.—Section AFFAIRS EMPLOYEES The Comptroller General of the United 1214(b)(1) of title 5, United States Code, is States shall conduct a study to assess the re- SEC. 201. PREVENTION OF UNAUTHORIZED AC- amended by adding at the end the following: CESS TO MEDICAL RECORDS OF EM- porting, staffing, accountability, and chain ‘‘(E) If the Merit Systems Protection PLOYEES OF THE DEPARTMENT OF of command structure of the Department of VETERANS AFFAIRS. Board grants a stay under this subsection, Veterans Affairs police officers at medical the head of the agency employing the em- (a) DEVELOPMENT OF PLAN.— centers of the Department. ployee shall give priority to a request for a (1) IN GENERAL.—Not later than 180 days Mr. MCCONNELL. Mr. President, I after the date of the enactment of this Act, transfer submitted by the employee.’’. ask unanimous consent that the com- ROBATIONARY EMPLOYEES.—Section the Secretary of Veterans Affairs shall— (b) P mittee-reported amendments be con- 1221 of title 5, United States Code, is amend- (A) develop a plan to prevent access to the ed by adding at the end the following: medical records of employees of the Depart- sidered and agreed to; the bill, as ‘‘(k) If the Merit Systems Protection Board ment of Veterans Affairs by employees of the amended, be considered read a third grants a stay to an employee in probationary Department who are not authorized to access time and passed; and that the motion status under subsection (c), the head of the such records; to reconsider be considered made and agency employing the employee shall give (B) submit to the appropriate committees laid upon the table. priority to a request for a transfer submitted of Congress the plan developed under sub- The PRESIDING OFFICER. Without by the employee.’’. paragraph (A); and objection, it is so ordered. (c) STUDY REGARDING RETALIATION AGAINST (C) upon request, provide a briefing to the The committee-reported amendments PROBATIONARY EMPLOYEES.—The Comp- appropriate committees of Congress with re- troller General of the United States shall spect to the plan developed under subpara- were agreed to. The bill (S. 585), as amended, was or- submit to the Committee on Homeland Secu- graph (A). rity and Governmental Affairs of the Senate LEMENTS.—The plan required under dered to be engrossed for a third read- (2) E and the Committee on Oversight and Govern- paragraph (1) shall include the following: ing, was read the third time, and ment Reform of the House of Representa- (A) A detailed assessment of strategic passed, as follows: tives a report discussing retaliation against goals of the Department for the prevention S. 585 employees in probationary status. of unauthorized access to the medical Be it enacted by the Senate and House of Rep- records of employees of the Department. SEC. 103. PROHIBITED PERSONNEL PRACTICES. resentatives of the United States of America in Section 2302(b) of title 5, United States (B) A list of circumstances in which an em- Congress assembled, Code, is amended— ployee of the Department who is not a health SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) in paragraph (12), by striking ‘‘or’’ at care provider or an assistant to a health care the end; provider would be authorized to access the (a) SHORT TITLE.—This Act may be cited as (2) in paragraph (13), by striking the period medical records of another employee of the the ‘‘Dr. Chris Kirkpatrick Whistleblower at the end and inserting ‘‘; or’’; and Department. Protection Act of 2017’’. ABLE OF ONTENTS (3) by inserting after paragraph (13) the fol- (C) Steps that the Secretary will take to (b) T C .—The table of con- lowing: acquire new or implement existing tech- tents for this Act is as follows: ‘‘(14) access the medical record of another nology to prevent an employee of the De- Sec. 1. Short title; table of contents. employee or an applicant for employment as partment from accessing the medical records TITLE I—EMPLOYEES GENERALLY a part of, or otherwise in furtherance of, any of another employee of the Department with- Sec. 101. Definitions. conduct described in paragraphs (1) through out a specific need to access such records. Sec. 102. Stays; probationary employees. (13).’’. (D) Steps the Secretary will take, includ- Sec. 103. Prohibited personnel practices. ing plans to issue new regulations, as nec- Sec. 104. Discipline of supervisors based on SEC. 104. DISCIPLINE OF SUPERVISORS BASED essary, to ensure that an employee of the De- ON RETALIATION AGAINST WHISTLE- retaliation against whistle- BLOWERS. partment may not access the medical blowers. (a) IN GENERAL.—Subchapter II of chapter records of another employee of the Depart- Sec. 105. Suicide by employees. 75 of title 5, United States Code, is amended ment for the purpose of retrieving demo- Sec. 106. Training for supervisors. by adding at the end the following: graphic information if that demographic in- Sec. 107. Information on whistleblower pro- formation is available to the employee in an- tections. ‘‘§ 7515. Discipline of supervisors based on re- taliation against whistleblowers other location or through another format. TITLE II—DEPARTMENT OF VETERANS (E) A proposed timetable for the imple- AFFAIRS EMPLOYEES ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘agency’— mentation of such plan. Sec. 201. Prevention of unauthorized access ‘‘(A) except as provided in subparagraph (F) An estimate of the costs associated to medical records of employees (B), means an entity that is an agency, as de- with implementing such plan. of the Department of Veterans fined under section 2302, without regard to (b) APPROPRIATE COMMITTEES OF CONGRESS Affairs. whether any other provision of this chapter DEFINED.—In this section, the term ‘‘appro- Sec. 202. Outreach on availability of mental is applicable to the entity; and priate committees of Congress’’ means— health services available to em- ‘‘(B) does not include any entity that is an (1) the Committee on Homeland Security ployees of the Department of element of the intelligence community, as and Governmental Affairs and the Com- Veterans Affairs. defined in section 3(4) of the National Secu- mittee on Veterans’ Affairs of the Senate; Sec. 203. Protocols to address threats rity Act of 1947 (50 U.S.C. 3003(4)); and against employees of the De- ‘‘(2) the term ‘prohibited personnel action’ (2) the Committee on Oversight and Gov- partment of Veterans Affairs. means taking or failing to take an action in ernment Reform and the Committee on Vet- Sec. 204. Comptroller General of the United violation of paragraph (8), (9), or (14) of sec- erans’ Affairs of the House of Representa- States study on accountability tion 2302(b) against an employee of an agen- tives. of chiefs of police of Depart- cy; and SEC. 202. OUTREACH ON AVAILABILITY OF MEN- ment of Veterans Affairs med- ‘‘(3) the term ‘supervisor’ means an em- TAL HEALTH SERVICES AVAILABLE ical centers. TO EMPLOYEES OF THE DEPART- ployee who would be a supervisor, as defined MENT OF VETERANS AFFAIRS. TITLE I—EMPLOYEES GENERALLY under section 7103(a), if the entity employing The Secretary of Veterans Affairs shall SEC. 101. DEFINITIONS. the employee was an agency. conduct a program of outreach to employees In this title— ‘‘(b) PROPOSED DISCIPLINARY ACTIONS.— of the Department of Veterans Affairs to in- (1) the term ‘‘agency’’— ‘‘(1) IN GENERAL.—If the head of the agency form those employees of any mental health (A) except as provided in subparagraph (B), employing a supervisor, an administrative services, including telemedicine options, means an entity that is an agency, as defined law judge, the Merit Systems Protection that are available to them. under section 2302 of title 5, United States Board, the Special Counsel, a judge of the SEC. 203. PROTOCOLS TO ADDRESS THREATS Code, without regard to whether one or more United States, or the Inspector General of AGAINST EMPLOYEES OF THE DE- portions of title 5 of the United States Code the agency employing a supervisor deter- PARTMENT OF VETERANS AFFAIRS. are inapplicable to the entity; and mines that the supervisor has committed a The Secretary of Veterans Affairs shall en- (B) does not include any entity that is an prohibited personnel action, the head of the sure protocols are in effect to address element of the intelligence community, as agency employing the supervisor, in accord- threats from individuals receiving health defined in section 3(4) of the National Secu- ance with the procedures required under care from the Department of Veterans Af- rity Act of 1947 (50 U.S.C. 3003(4)); paragraph (2)—

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.057 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3193 ‘‘(A) for the first prohibited personnel ac- and specific danger to public health or safe- (C), or (D) of paragraph (9), or paragraph (14) tion committed by a supervisor— ty; and of section 2302(b). ‘‘(i) shall propose suspending the super- (3) after a disclosure described in para- ‘‘(b) RESPONSIBILITIES OF HEAD OF AGEN- visor for a period of not less than 3 days; and graph (2), a personnel action was taken CY.—The head of each agency shall be re- ‘‘(ii) may, in addition to a suspension de- against the employee. sponsible for the prevention of prohibited scribed in clause (i), propose any other ac- (b) OFFICE OF SPECIAL COUNSEL REVIEW.— personnel practices, for the compliance with tion, including a reduction in grade or pay, For any referral to the Special Counsel and enforcement of applicable civil service that the head of the agency determines ap- under subsection (a), the Special Counsel laws, rules, and regulations, and other as- propriate; and shall— pects of personnel management, and for en- ‘‘(B) for the second prohibited personnel (1) examine whether any personnel action suring (in consultation with the Special action committed by a supervisor, shall pro- was taken because of any disclosure of infor- Counsel and the Inspector General of the pose removing the supervisor. mation described in subsection (a)(2); and agency) that employees of the agency are in- ‘‘(2) PROCEDURES.— (2) take any action the Special Counsel de- formed of the rights and remedies available ‘‘(A) NOTICE.—A supervisor against whom termines appropriate under subchapter II of to them under this chapter and chapter 12, an action is proposed to be taken under para- chapter 12 of title 5, United States Code. including— graph (1) is entitled to written notice— SEC. 106. TRAINING FOR SUPERVISORS. ‘‘(1) information regarding whistleblower ‘‘(i) stating the specific reasons for the pro- In consultation with the Special Counsel protections available to new employees dur- posed action; and and the Inspector General of the agency (or ing the probationary period; ‘‘(ii) informing the supervisor of the right senior ethics official of the agency for an ‘‘(2) the role of the Office of Special Coun- of the supervisor to review the material agency without an Inspector General), the sel and the Merit Systems Protection Board which is relied on to support the reasons for head of each agency shall provide training with regard to whistleblower protections; the proposed action. regarding how to respond to complaints al- and ‘‘(B) ANSWER AND EVIDENCE.— leging a violation of whistleblower protec- ‘‘(3) how to make a lawful disclosure of in- ‘‘(i) IN GENERAL.—A supervisor who is noti- tions (as defined in section 2307 of title 5, formation that is specifically required by fied under subparagraph (A) that the super- United States Code, as added by section 107) law or Executive order to be kept classified visor is the subject of a proposed action available to employees of the agency— in the interest of national defense or the under paragraph (1) is entitled to 14 days fol- (1) to employees appointed to supervisory conduct of foreign affairs to the Special lowing such notification to answer and fur- positions in the agency who have not pre- Counsel, the Inspector General of an agency, nish evidence in support of the answer. viously served as a supervisor; and Congress, or other agency employee des- ‘‘(ii) NO EVIDENCE FURNISHED; INSUFFICIENT (2) on an annual basis, to all employees of ignated to receive such disclosures. EVIDENCE.—After the end of the 14-day period the agency serving in a supervisory position. ‘‘(c) TIMING.—The head of each agency described in clause (i), if a supervisor does SEC. 107. INFORMATION ON WHISTLEBLOWER shall ensure that the information required to not furnish evidence as described in clause PROTECTIONS. be provided under subsection (b) is provided (i) or if the head of the agency determines (a) EXISTING PROVISION.— to each new employee of the agency not later that such evidence is not sufficient to re- (1) IN GENERAL.—Section 2302 of title 5, than 6 months after the date the new em- verse the proposed action, the head of the United States Code, is amended— ployee begins performing service as an em- agency shall carry out the action. (A) by striking subsection (c); and ployee. ‘‘(C) SCOPE OF PROCEDURES.—An action car- (B) by redesignating subsections (d), (e), ‘‘(d) INFORMATION ONLINE.—The head of ried out under this section— and (f) as subsections (c), (d), and (e), respec- each agency shall make available informa- ‘‘(i) except as provided in clause (ii), shall tively. tion regarding whistleblower protections ap- be subject to the same requirements and pro- (2) TECHNICAL AND CONFORMING AMEND- plicable to employees of the agency on the cedures (including regarding appeals) as an MENTS.— public website of the agency, and on any on- action under section 7503, 7513, or 7543; and (A) Section 4505a(b)(2) of title 5, United line portal that is made available only to ‘‘(ii) shall not be subject to— States Code, is amended by striking ‘‘section employees of the agency if one exists. ‘‘(I) paragraphs (1) and (2) of section 2302(d)’’ and inserting ‘‘section 2302(c)’’. ‘‘(e) DELEGEES.—Any employee to whom 7503(b); (B) Section 5755(b)(2) of title 5, United the head of an agency delegates authority ‘‘(II) paragraphs (1) and (2) of subsection (b) States Code, is amended by striking ‘‘section for personnel management, or for any aspect and subsection (c) of section 7513; or 2302(d)’’ and inserting ‘‘section 2302(c)’’. thereof, shall, within the limits of the scope ‘‘(III) paragraphs (1) and (2) of subsection (C) Section 110(b)(2) of the Whistleblower of the delegation, be responsible for the ac- (b) and subsection (c) of section 7543. Protection Enhancement Act of 2012 (5 tivities described in subsection (b).’’. ‘‘(3) DELEGATION.— U.S.C. 2302 note) is amended by striking (c) TECHNICAL AND CONFORMING AMEND- ‘‘(A) IN GENERAL.—Except as provided in ‘‘section 2302(f)(1) or (2)’’ and inserting ‘‘sec- MENT.—The table of sections for chapter 23 of paragraph (B), the head of an agency may tion 2302(e)(1) or (2)’’. title 5, United States Code, is amended by delegate any authority or responsibility (D) Section 1217(d)(3) of the Panama Canal adding at the end the following: under this subsection. Act of 1979 (22 U.S.C. 3657(d)(3)) is amended ‘‘2307. Information on whistleblower protec- ‘‘(B) NONDELEGABILITY OF DETERMINATION by striking ‘‘section 2302(d)’’ and inserting tions.’’. REGARDING PROHIBITED PERSONNEL ACTION.—If ‘‘section 2302(c)’’. TITLE II—DEPARTMENT OF VETERANS the head of an agency is responsible for de- (E) Section 1233(b) of the Panama Canal AFFAIRS EMPLOYEES termining whether a supervisor has com- Act of 1979 (22 U.S.C. 3673(b)) is amended by mitted a prohibited personnel action for pur- striking ‘‘section 2302(d)’’ and inserting ‘‘sec- SEC. 201. PREVENTION OF UNAUTHORIZED AC- CESS TO MEDICAL RECORDS OF EM- poses of paragraph (1), the head of the agen- tion 2302(c)’’. PLOYEES OF THE DEPARTMENT OF cy may not delegate that responsibility.’’. (b) PROVISION OF INFORMATION.—Chapter 23 VETERANS AFFAIRS. (b) TECHNICAL AND CONFORMING AMEND- of title 5, United States Code, is amended by (a) DEVELOPMENT OF PLAN.— MENT.—The table of sections for subchapter adding at the end the following: (1) IN GENERAL.—Not later than 180 days II of chapter 75 of title 5, United States Code, ‘‘§ 2307. Information on whistleblower protec- after the date of the enactment of this Act, is amended by adding at the end the fol- tions the Secretary of Veterans Affairs shall— lowing: ‘‘(a) DEFINITIONS.—In this section— (A) develop a plan to prevent access to the ‘‘7515. Discipline of supervisors based on re- ‘‘(1) the term ‘agency’— medical records of employees of the Depart- taliation against whistle- ‘‘(A) except as provided in subparagraph ment of Veterans Affairs by employees of the blowers.’’. (B), has the meaning given that term in sec- Department who are not authorized to access SEC. 105. SUICIDE BY EMPLOYEES. tion 2302; and such records; (a) REFERRAL.—The head of an agency ‘‘(B) does not include any entity that is an (B) submit to the appropriate committees shall refer to the Special Counsel, along with element of the intelligence community, as of Congress the plan developed under sub- any information known to the agency re- defined in section 3(4) of the National Secu- paragraph (A); and garding the circumstances described in para- rity Act of 1947 (50 U.S.C. 3003(4)); (C) upon request, provide a briefing to the graphs (2) and (3), any instance in which the ‘‘(2) the term ‘new employee’ means an in- appropriate committees of Congress with re- head of the agency has information indi- dividual— spect to the plan developed under subpara- cating— ‘‘(A) appointed to a position as an em- graph (A). (1) an employee of the agency committed ployee of an agency on or after the date of (2) ELEMENTS.—The plan required under suicide; enactment of the Dr. Chris Kirkpatrick paragraph (1) shall include the following: (2) prior to the death of the employee, the Whistleblower Protection Act of 2017; and (A) A detailed assessment of strategic employee made any disclosure of informa- ‘‘(B) who has not previously served as an goals of the Department for the prevention tion which reasonably evidences— employee; and of unauthorized access to the medical (A) any violation of any law, rule, or regu- ‘‘(3) the term ‘whistleblower protections’ records of employees of the Department. lation; or means the protections against and remedies (B) A list of circumstances in which an em- (B) gross mismanagement, a gross waste of for a prohibited personnel practice described ployee of the Department who is not a health funds, an abuse of authority, or a substantial in paragraph (8), subparagraph (A)(i), (B), care provider or an assistant to a health care

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.058 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3194 CONGRESSIONAL RECORD — SENATE May 25, 2017 provider would be authorized to access the The PRESIDING OFFICER. The Sen- onstrated leadership, excellence, and medical records of another employee of the ator from Alaska. selfless commitment in their operation Department. f of the U.S. Ground-based Midcourse (C) Steps that the Secretary will take to Defense system, at Fort Greely, and acquire new or implement existing tech- TRIBUTE TO ALASKA ARMY AND the Early Warning Radar system at nology to prevent an employee of the De- AIR NATIONAL GUARD SERVICE- Clear Air Force Station in Alaska, over partment from accessing the medical records MEMBERS of another employee of the Department with- the past year. Essentially, these are out a specific need to access such records. Mr. SULLIVAN. Mr. President, every the men and women who keep our (D) Steps the Secretary will take, includ- week I have been coming down to the country safe with America’s most so- ing plans to issue new regulations, as nec- Senate floor to honor an individual phisticated missile defense system. So essary, to ensure that an employee of the De- who is serving in my great State of I would like to read their names on the partment may not access the medical Alaska, who is helping to make our Senate floor. records of another employee of the Depart- State, his or her local community, or ment for the purpose of retrieving demo- Base defenders of the year from the graphic information if that demographic in- even our country a better place. We 213th Space Warning Squadron at Clear formation is available to the employee in an- call these individuals our Alaskan of Air Force Station: SSgt Jonathan Ri- other location or through another format. the Week. vera-Calderon and SSgt Stanislav (E) A proposed timetable for the imple- Alaska carries a mystique. We all Barilov. mentation of such plan. know that. I am a little biased, but it Missile defenders of the year from (F) An estimate of the costs associated does, rightfully so. It is a beautiful the 213th Space Warning Squadron at with implementing such plan. State. We all think it is the most beau- Clear Air Force Station: Capt. Erik (b) APPROPRIATE COMMITTEES OF CONGRESS tiful State in the world. I encourage Haugen and TSgt Mark Lockwood. DEFINED.—In this section, the term ‘‘appro- everybody who is watching from the priate committees of Congress’’ means— Base defenders of the year from Fort (1) the Committee on Homeland Security Gallery or on TV to make sure they Greely: SGT Nathan Williams and SGT and Governmental Affairs and the Com- take at least one trip to Alaska some- Travis Hall. mittee on Veterans’ Affairs of the Senate; time in their life. You will love it. It Best crew winners from the 49th Mis- and will be the trip of a lifetime. sile Defense Battalion, Delta Crew: (2) the Committee on Oversight and Gov- But Alaska is much more than just a MAJ Michael Long, CPT Anthony Mon- ernment Reform and the Committee on Vet- beautiful State. It is actually a State toya, 1LT Rachel Simmons, SSG Caro- erans’ Affairs of the House of Representa- that is critically important to Amer- line Domenech, and SGT Jose Aponte. tives. ica—critically important to our coun- These Alaskan missile defenders con- SEC. 202. OUTREACH ON AVAILABILITY OF MEN- try. We have abundant natural re- tinue to stand ready and excel as they TAL HEALTH SERVICES AVAILABLE TO EMPLOYEES OF THE DEPART- sources: fish, metals, minerals, and oil protect our country and our citizens MENT OF VETERANS AFFAIRS. and gas. They are resources that help from an increasingly diverse set of na- The Secretary of Veterans Affairs shall feed our country, help build our coun- tional security threats. They are just a conduct a program of outreach to employees try, and help power our country. few of the 300 men and women missile of the Department of Veterans Affairs to in- Further, given today’s threats, we defenders in interior Alaska who, every form those employees of any mental health are also the most strategically located day, protect the entire United States. services, including telemedicine options, State in the country. In fact, General that are available to them. They like to call themselves the ‘‘300 Billy Mitchell, father of the Air Force, protecting the 300 million.’’ I think of SEC. 203. PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF THE DE- said in testimony to the Congress in them as modern-day Spartans, the 300 PARTMENT OF VETERANS AFFAIRS. the 1930s that Alaska was ‘‘the most Spartans who fought alongside King The Secretary of Veterans Affairs shall en- important strategic place in the Leonidas to protect Greece in 480 BC. sure protocols are in effect to address world,’’ which could control Asia, That is who they are, modern-day threats from individuals receiving health North America, and Europe. He said Spartans. care from the Department of Veterans Af- that whoever controls Alaska controls The mission of these men and women fairs directed towards employees of the De- the world. is to protect the entire country from a partment who are providing such health care. In Alaska, we are the hub of combat rogue missile threat—whether from airpower for the Asia-Pacific and the North Korea, Iran, or another coun- SEC. 204. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON AC- rest of the world. We are also a vital try—that could hit any city in Amer- COUNTABILITY OF CHIEFS OF PO- expeditionary platform, with some of ica. This is what they do 365 days a LICE OF DEPARTMENT OF VET- the Army’s best trained troops, who year, 24/7. They are on call on Christ- ERANS AFFAIRS MEDICAL CENTERS. can deploy anywhere in the world on a mas, New Year’s, and Super Bowl Sun- The Comptroller General of the United States shall conduct a study to assess the re- moment’s notice. Importantly, we are day. They are tough, well-trained, and porting, staffing, accountability, and chain the cornerstone of our country’s mis- they are committed patriots of Amer- of command structure of the Department of sile defense system. ica. Veterans Affairs police officers at medical What makes this military triad truly We face a dizzying array of threats centers of the Department. exceptional is the Arctic-tough women across the globe. But the one that f and men in uniform supporting each of keeps not only me but many Members these pillars of America’s military of the Senate and our military up at UNANIMOUS CONSENT might in Alaska, who work day and night right now is the threat from AGREEMENT—S. 1094 night to ensure that our country is North Korea. There is no doubt that Mr. MCCONNELL. Mr. President, I safe. North Korea and the leader of that ask unanimous consent that following Following Armed Forces Day a few country are intent on obtaining and the disposition of the Elwood nomina- days ago, where we honor all of those nuclear-tipped intercontinental bal- tion, the Senate proceed to the consid- who currently serve in the military— listic missile that can range our entire eration of S. 1094, the Department of and we are all going to be celebrating country. Recent unclassified briefings Veterans Affairs Accountability Act; in a few days Memorial Day to honor on this issue have said it is no longer a that the committee-reported substitute those who gave their lives serving our matter of if but when North Korea is be adopted, and that there then be 3 country—I recognize a group of proud going to have this capability. hours of debate, equally divided in the Alaskans who help protect our coun- To protect us from this impending usual form; and that following the use try. These individuals were recently threat, this advancing threat, a num- or yielding back of time, the bill, as awarded the 2017 Alaska Missile De- ber of us introduced a bill this past amended, be read a third time and the fender of the Year award from the Mis- week to enhance our missile defense Senate proceed to vote on passage with sile Defense Advocacy Alliance. Today, system across the country. While Alas- no intervening action or debate. they are our Alaskans of the Week. ka’s missile defenders currently keep The PRESIDING OFFICER. Is there These are National Guard service- us safe, like many in our military they objection? members from the Alaska Army and need more training and better tech- Without objection, it is so ordered. Air National Guard who have dem- nology so these brave men and women

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I especially honor Wade hopes to continue his service to week would have devastating con- those who made the ultimate sacrifice, his country by attending the U.S. Air sequences on efforts to combat this cri- and, of course, their families. I also Force Academy. sis. This budget includes hundreds of want to make sure I recognize Alaska’s Whatever his final path is, I am sure millions of dollars in cuts to the Sub- missile defenders. While millions of he will bring to it the same work ethic stance Abuse and Mental Health Serv- Americans will be outside this week- and the same love for his country and ices Administration. It also cuts the end, having a barbecue and celebrating for Alaska and, I believe now, after 6 High Intensity Drug Trafficking Areas Memorial Day, every American in this months, for the U.S. Senate. Program. This is a program that pro- country can rest assured that these Wade, to you and all the pages who vides key support to law enforcement brave missile defenders in Alaska, men have done such a great job, thank you, officials on the frontlines. and women like the Spartans of old, and, yes, thank you for being the Jun- I am particularly disturbed by this stand watch to defend our freedoms. ior Alaskan of the Week. administration’s continued attacks on They are doing it today and they will I yield the floor. Medicaid. Medicaid has been critical to do it on Memorial Day, just like they The PRESIDING OFFICER. The Sen- ensuring that Granite Staters strug- do every day of the year. ator from New Hampshire. gling with addiction have access to That is why all of them, in my view, f treatment and recovery services. The merit the award of Alaskans of the OPIOID EPIDEMIC drastic cuts to Medicaid in the Presi- Week. dent’s budget proposal go above and be- Ms. HASSAN. Mr. President, I rise f yond even the devastating cuts in- today to join my colleagues to discuss cluded in the dangerous TrumpCare bill TRIBUTE TO WADE QUIGLEY the heroin, fentanyl, and opioid crisis that passed through the House of Rep- that has devastated communities Mr. SULLIVAN. Mr. President, I wish resentatives. This budget proposes cut- across our Nation. I want to thank the to recognize another Alaskan, one who ting $610 billion to Medicaid, which is Senator from West Virginia for giving happens to be right here in the Senate on top of the $839 billion cut in us the floor today and for his continued Chamber, Senate Page Wade Quigley. I TrumpCare. TrumpCare also ends Med- leadership in working to combat this think we should call him the Junior icaid expansion, which experts have crisis. It is going to take an all-hands- Alaskan of the Week. said is the No. 1 tool we have in com- Wade is from Girdwood, AK. He is ac- on-deck approach, with Members of bating this crisis. tually right here, getting a little red in both parties and at all levels of govern- the face. I think he is slightly embar- ment working with those on the TrumpCare undermines the require- rassed. Girdwood was originally called frontlines to find solutions. ment that insurance companies must Glacier City, for the ice-capped moun- We recently received near final infor- cover mental health and substance use tains surrounding the town. About a 45- mation on the number of lives lost last disorder services. According to yester- minute drive from Anchorage, it is a year and the specific substances in- day’s CBO report, this could lead to very, very special place. My wife Julie volved in New Hampshire as a result of out-of-pocket costs totaling thousands and I and our three daughters love this crisis. What is clear is that the of dollars for people seeking these serv- Girdwood. We spend a lot of time there threat continues to evolve and grow. In ices. In the midst of this crisis, we need skiing and enjoying the outdoors. 2016 alone, there were 477 confirmed to be strengthening prevention, treat- Wade is now 16 years old. When I was overdose deaths in New Hampshire. ment, and recovery efforts and giving told that this morning, I was a little That is an increase from 439 deaths in stronger support to those on the surprised. He is much more mature 2015 and 326 in 2014. Already this year, frontlines, but these recent actions by than 16. He will be entering his senior there have been 73 confirmed overdose this administration show that Presi- year at South Anchorage High School, deaths in my State, with another 86 dent Trump is failing to live up to his the school that my daughter Laurel at- suspected cases awaiting final toxi- own words on this deadly epidemic. tends, next fall. cology results. And cuts to programs that help people Like a true Alaskan, Wade takes full In recent months, we have seen new in the throes of addiction are irrespon- advantage of our State’s abundant nat- deadly challenges that are emerging. A sible, unacceptable, and unconscion- ural resources, teaching skiing in the few weeks ago, I met with members of able. winter and commercial fishing for pink the Drug Enforcement Agency in New I am grateful to many of my col- salmon during the summers in Kodiak, Hampshire. Among the topics we dis- leagues for reaching across the aisle to AK. cussed was the spread of a dangerous propose policies to address this epi- In DC, Wade has been doing a great synthetic drug, carfentanil. Carfentanil demic. This is an issue that rises above job serving in the U.S. Senate as a is 100 times stronger than even partisanship, and this is work we need page. According to those who supervise fentanyl. It is killing people faster, and to be doing because the lives of the him, as well as his fellow pages, Wade we are seeing its deadly use rising in people of our States depend upon it. I is eager to take any opportunity to New Hampshire. We have seen six con- am going to continue to work with my talk or learn about his State. The es- firmed deaths from carfentanil in the colleagues on solutions, while standing teemed Laura Dove herself has referred past few weeks. firm against proposals that would pull to Wade as ‘‘Alaska’s best ambas- During my meeting with the DEA, I us backward. sador.’’ I thought that is what Senator heard from those on the frontlines I again thank Senator MANCHIN for MURKOWSKI and I were supposed to be. about the dangerous impacts it has on his leadership on this issue. It is a grand compliment. Others say he their lives as well. Carfentanil and Mr. President, I yield the floor. has a heart for public service, humor, other fentanyl compounds are so dan- I suggest the absence of a quorum. and kindness. He is extremely well- gerous that they can put first respond- The PRESIDING OFFICER. The liked throughout this building. ers at risk if they are exposed. clerk will call the roll. In just 2 weeks, Wade and all the It is clear that we must do more to pages will complete their service as support those struggling and those on The bill clerk proceeded to call the Senate pages. By the way, it is very, the frontlines to stem and ultimately roll. very hard work. They are up at 5 reverse the tide of this crisis. We need Mr. ENZI. Mr. President, I ask unani- o’clock a.m., studying at 6 o’clock more resources to address this problem mous consent that the order for the a.m., classes until 9 o’clock, and then because people are dying. What we can- quorum call be rescinded. working in the Senate until the wee not do is institute policies that would The PRESIDING OFFICER. Without hours. I thank Wade and all the Senate make matters worse. objection, it is so ordered.

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.058 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3196 CONGRESSIONAL RECORD — SENATE May 25, 2017 TRIBUTE TO RON HINDLE accomplishments of our life. It is the joy and eral years ago. I said: Why are you Mr. ENZI. Mr. President, I rise to de- happiness that comes from the heart when here? You are not really going to agree we have reached one of our goals. It’s the with this stuff. He said: No, this is liver a difficult speech. My senior com- sense of satisfaction we feel that comes from munications adviser, Ron Hindle, is re- where the money is. This is the biggest the knowledge that we have taken on a dif- party of the year. tiring after more than 30 years in the ficult challenge and mastered it. It is the in- One of the worst things that ever U.S. Senate. If you do some quick crease in self-confidence and self-esteem that happened at their big party was—they math, you will realize that Ron has comes from learning to trust in ourselves to headed to South America someplace, I been part of the Senate longer than I make the right choices and the right deci- don’t remember where—when they ran have. I came here in January of 1997 sions. out of caviar. They have these big and quickly learned Ron would be an Ron, Diana joins me in celebrating you today. You have been a great ex- meetings every year. indispensable part of my team. Pre- Well, the last one I went to was De- ample of the importance of public serv- viously, he had worked for my prede- cember 2009. It was in Copenhagen. You ice, and your legacy will continue in cessor, Al Simpson. That meant he might remember that was just after my office and in Wyoming as business knew Wyoming, and he knew how to President Obama was elected. He and owners, students, and others reread the communicate with Wyomingites. his administration were pledging to the I am so glad I hired Ron when I came words you wrote over more than 30 192 countries that we were going to to DC. He has written some of the best years. I thank you for devoting so pass a form of cap and trade. Well, they much of your life to making my office speeches I have given over the past 20 all went to Copenhagen—NANCY a better place to work and, more im- years. When Ron told me he was retir- PELOSI, Hillary, John Kerry, Barack ing, I went back and looked at a few of portantly, Wyoming a better place to Obama—they all went there and told his remarks between tears. live. Thanks for all you have done for them we were going to pass cap and When my longtime State director re- all of us and America. I wish you the trade here in the United States so they tired, Ron wrote: best. all needed to follow form. This is inter- There is an old saying we all heard before: I yield the floor. esting because of the 192 countries he Good help is hard to find. Here is my experi- I suggest the absence of a quorum. was talking to, most of them didn’t ence: Good help is not only hard to find, it is The PRESIDING OFFICER. The also impossible to replace. even know our form of government. clerk will call the roll. They didn’t know that we had a Senate That was true about Robin, and it is The bill clerk proceeded to call the that had to confirm these things or equally true of Ron. In a speech to the roll. that we even had a legislature. They Mr. INHOFE. Mr. President, I ask Chief Officers of State Library Agen- assumed that was going to happen. cies, Ron called the library card ‘‘our unanimous consent that the order for I remember, right after they left, I passport to adventure.’’ For a speech to the quorum call be rescinded. went to Copenhagen. I had to go in the the Young Entrepreneurs Academy, The PRESIDING OFFICER. Without morning and get back in time for votes Ron referred to books, ‘‘especially bi- objection, it is so ordered. all in 1 day. I did that. At that time, ographies and autobiographies—as f they termed me as the ‘‘one-man truth ‘How To’ manuals for success.’’ When I PARIS AGREEMENT squad.’’ I told them under no cir- spoke to my grandson’s graduating cumstances—this is 2009—were we Mr. INHOFE. Mr. President, there fifth grade class, Ron wrote me an ex- going to pass any kind of cap and trade has been a lot of discussion in the ample comparing the Supreme Court to in this country. I was right. They were media over the last couple of weeks grandparents: ‘‘If they say no, there is shocked over there because they as- about what President Trump is going no one else to turn to.’’ sumed if the President said we are to do and should do with the Paris cli- I hope this sampling of Ron’s work going to do it, that we are going to do mate agreement. We know all about can convey why he has been an impor- it. The legislation was estimated at this agreement. It was entered into by tant part of my team. He has a way that time to cost between $300 and $400 President Obama in December of 2015 with words that few people have and, billion—that is per year—to imple- more importantly, he knows what I at the U.N. annual party that they ment. It never came to a vote because want to say and how I want to say it. hold, the 21st annual Conference of the Democrats knew they had at that Ron does more than help me with Parties meeting. time—keep in mind this is 2009—they speeches. If there is a student in Wyo- Let me explain what this is. It was 21 had control of the White House, they ming who has achieved an important years ago they decided—the United Na- had control of the House and Senate, goal, Ron helps me with a laudatory tions had always been quite offended and they had, at that time, 60 votes in note. When an organization like every time something happened that the Senate, but they couldn’t get the Daughters of the American Revolution they were doing in the United Nations votes because it was too expensive. has their annual convention, Ron that was not in the best interest of the So many people thought it was the works on the statement commemo- United States. Several of us would call first time we would consider cap and rating that event. When a Wyoming and threaten to withhold some of our trade, but it wasn’t. We had been work- business celebrates an important anni- funds supporting the United Nations. ing on that for years. They first tried it versary, Ron has helped me congratu- Of course, the United Nations has al- in 2003. In 2003, we had a bill for the late that success. ways wanted to be independent. They U.S. Senate. I remember being down My staff and I will miss Ron, not wanted to not be accountable to any- here—because at that time I was chair- only for the help he gives us but for the one so consequently they put together man of the Subcommittee on the Envi- person he is. He is kind, considerate, these parties. The best way for them to ronment and Public Works. They had and generous. He is also willing to lend do that is if they could somehow be that jurisdiction. So I was down here a helping hand in everything we do, funded independently and not be ac- to try to make sure that thing wasn’t from hosting our holiday cookie party countable to the various countries— going to pass. Sure enough, it didn’t. to organizing trivia, and building not just the United States but any of We defeated it, 43 to 55. Then the same games for our staff planning sessions. the rest of them. group tried it again in 2005. At that This isn’t goodbye, as Ron will remain So they hold this meeting in Decem- time, they only got 38 votes, and that my neighbor and my friend. ber of every year, and they hold it in failed. Then, in 2008, Senators John Today I want to celebrate all that very exotic places. Everybody gets Kerry and Joe Lieberman tried it Ron has done for me, for my office, for really excited. They have 192 countries again. Of course, at that time, it failed Wyoming, and for America. It is appro- come in. What they are trying to do is again. Now, that is a far cry from the priate for me to once again quote Ron get them all to limit their CO2 emis- 60 votes necessary in order to get some- in describing the word ‘‘celebrate’’ to sions. Of course, they all come in be- thing like that to pass. We have been Wyoming Cowboy Challenge Academy cause 99 percent of the 192 countries looking at that with various forms of graduates, Ron wrote: are ones who want to get money out of legislation for quite a number of years. Celebrating is much more than the things this deal. I ran into a friend of mine After suffering those embarrassing we do—it’s the feelings we get from the great from Benin, West Africa. This was sev- defeats in the Senate, President Obama

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.060 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3197 sought to do by regulation what he Well, we all know that the environ- Agreement, which means they could couldn’t do through legislation. That is mental community wants to do what- have their wish of greenhouse gas regu- how we got the Clean Power Plan. I ever it possibly can to regulate carbon. lations. If we stay in the agreement, think it is important to think back There is a reason for this. You might they could sue the EPA and force regu- where we got to this point. There has wonder why this is. There is a professor lations under section 115. So they have also been an implementation cost, by named Richard Lindzen. Richard been very quiet. They don’t want Presi- their own admission, some $300 billion Lindzen is a professor at MIT and is dent Trump to know they will also ben- a year, and it made it impossible at one of the top professors in this dis- efit if we stay in the agreement. Be- that time for us in the United States to cipline. He said: If you control carbon, cause of this, they are allowing people build a new coal-fired powerplant. you control life. to believe that nothing will happen by It is interesting. Some people say: It makes it a bureaucrat’s dream. So staying in the agreement. I have heard Why do you go back so often to Okla- yes, in fact, that is what he was trying this from Republicans and Democrats. homa? I said: Well, I like to talk to to do. That is all they want. So if we It really does not make too much dif- real people. I can remember being at stay in the Paris Agreement, environ- ference, because for ratification, the Shattuck, OK. I bet the Chair doesn’t mentalist groups—radical groups— votes are not there, and everybody know where Shattuck is. It is in West- would be able to sue the EPA to force knows it. In the meantime, you are ern Oklahoma. it to regulate greenhouse gas emissions subject to the lawsuits. So they just A guy said: Now, explain this to me. under section 115 of the Clean Air Act. don’t want us to know it as well. Could This was actually during the Obama Section 115 of the Clean Air Act is enti- it be that a Republican President administration. tled ‘‘International Air Pollution.’’ would give them the tools they need to He said: If we in the United States This section is triggered when a coun- force greenhouse gas regulations even are dependent upon fossil fuels—that try asserts that our pollution is harm- without meaning to? It is a possibility. is, coal, oil and gas, and nuclear—to ing them, establishing an This is why the President needs to produce 89 percent of the power it endangerment finding, and when there make a clean exit from the agreement. takes to run this machine called Amer- is a reciprocal agreement between our If the President stays in the Paris ica, and if President Obama is success- countries and those countries that agreement, he will be putting at risk ful in doing away with coal, oil and have such a regulation. our ability to accomplish his campaign gas, and nuclear, then how do we run It is not difficult to imagine that if goals; namely, ending the war on fossil this machine called America? we remain in the Paris Agreement, the For that reason, the President de- fuels and rescinding the Clean Power environmentalists, NGOs, led by the cided he was going to do this with reg- Plan. He has already taken the Execu- Natural Resources Defense Council, the ulations. tive steps he needs on this front. The I ask unanimous consent that this Environmental Defense Fund, the Si- EPA is currently on solid legal footing. list of all of the regulations—47 of erra Club, and others, will file lawsuits But we must not limit the effectiveness them—we have been able to do away against the EPA as it takes legal steps of these key steps by remaining in the with in the first 100 days be printed in to deregulate the Clean Power Plan. Paris Agreement. While there has not been an internal the RECORD at the conclusion of my re- So that is reason No. 1. Reason No. 1 marks. endangerment finding, the environ- is that if we remain in the agreement, A few weeks ago, he signed an Execu- mentalists would be working to force we are subjecting ourselves to all of tive order instructing the EPA to un- the issue. Further, they would make the lawsuits that will be out there. wind the United States from this regu- the case that the reciprocal require- The other reason, the second reason I lation. That is exactly what my friend, ments of section 115 of the Clean Air will mention, is that even if we pull EPA Administrator Scott Pruitt, is Act are met by the Paris climate out of the agreement, we will still have working to accomplish right now. agreement. Even though it is not bind- a seat at the table. While the President has disavowed ing at the international level, the envi- I have heard the statement quite the Paris Agreement, he has not pulled ronmentalists could, with a sympa- often, in fact, by some people in the out as of this time. He has been kind of thetic judge, make a case that the ad- Trump administration—they say: We busy doing other things. ministration has made the reciprocal don’t want to pull out of it because we I understand there are a lot of com- agreement by staying in Paris. It want to maintain a seat at the table. peting voices on this front. Many peo- would sound good. It is not too hard to As they have these meetings every De- ple don’t believe the Paris Agreement find a sympathetic judge nowadays. cember, we want to be there so we can is binding. While that is true, to a cer- This is something they have been plan- express what America really is plan- tain degree, it is kind of shortsighted. ning to do all along. They built this ning to do and is not planning to do. I am speaking today because I be- back door into the agreement as the But let’s keep in mind that the seat lieve the President should make a Obama administration was actually at the table was established way back clean exit from the Paris Agreement writing it. in 1992. That was when they had the and avoid a lot of confusion. There are You ask, why would certain lawsuits United Nations Framework Convention two key reasons I want to do that. be filed? A former general counsel at on Climate Change, the UNFCCC. This The first one, reason No. 1, is that if the Sierra Club, David Bookbinder, is the 1992 treaty that supports all the we remain in the agreement, we are said that section 115 of the Clean Air big parties that meet every December putting ourselves at significant litiga- Act is—these are his words—‘‘the silver that are held in the exotic locations I tion risk. bullet de jour of the enviros, and they mentioned. That group was the founda- The Paris Agreement commits the are dead serious about this,’’ meaning tion of the Paris Agreement and the United States to lowering its green- that they believe the Paris Agreement foundation of the Copenhagen discus- house gas emissions by 26 to 28 percent clearly states that it meets the reci- sion in 2009. by 2025. This is interesting because in procity test established by section 115 Now, 2009 is when they had the event the Paris Agreement that took place, of the Clean Air Act. in Copenhagen. That is the one where the President at that time, President If you have noticed, the environ- all the people went and told them that Obama, was getting just a little bit mental groups have been very silent we were going to pass cap and trade, panicky. He had already gone to seven about whether the administration which we were not going to pass cap of these and had been unable to pass should stay in the agreement. We all and trade, and we didn’t. Further, it any kind of an agreement that would know they want us to stay in the was the foundation of the Kyoto Pro- accomplish his goal of putting coal, oil, agreement, but why be so quiet at this tocol of 1997, which was the first agree- and gas out of existence. So this agree- time? Because we have not heard from ment that sought to set binding inter- ment that he made, he made unilater- them. Well, the reason is, I think the national greenhouse regulations. ally, saying: I agree on behalf of the environmental groups who are trying The Senate demonstrated its intent United States of America that we will to accomplish this see that there is to defeat that with the Byrd-Hagel res- reduce our emissions of CO2 by between real progress being made to convince olution. Let’s remember what that 26 and 28 percent by 2025. the President to stay in the Paris was. The Berg-Hagel resolution—by

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He campaigned on and pull out of the things—either it is harmful economi- said during a speech at the Hague in Paris Agreement, and I anticipate that cally to the United States of America, November of 2000 that Kyoto represents he will do that. or that countries that are developing ‘‘the first component of an authentic There being no objection, the mate- countries, such as China, are not a part global governance.’’ rial was ordered to be printed in the of it. Canadian Prime Minister Stephen RECORD, as follows: Well, that was the case. So the Kyoto Harper once dismissed UN’s Kyoto Pro- CONGRESSIONAL REVIEW ACT RESOLUTIONS Protocol of 1997 was a natural follow- tocol as a ‘‘socialist scheme.’’ PASSED on from that decision that was made. Then Christiana Figueres, who was SEC Rule requiring oil and gas companies So even if President Trump removes actually at Paris at the time this thing to disclose their ‘‘playbooks’’ on how to win the United States as a signatory to the was put together, said that ‘‘the real deals. Inhofe-CRA—first signed since 2001; Stream Buffer Zone rule that blocks coal Paris Agreement, we will continue to goal is to change the economic devel- opment model for redistribution of mining; Education rule mandating federal have a seat at the table and the Presi- standards for evaluating teacher perform- dent will have the ability to negotiate wealth among nations.’’ ance; Education rule establishing national further deals. That is already done. Those are some of the original com- school board; Interior rule that blocked That was the done, and it is inescap- ments people have forgotten about. Alaska-control of hunting & fishing; Social able. It was done back in 1992. We have The last thing I will mention, be- Security rule that put seniors with ‘‘rep- been a party to that protocol. We have cause I think it is significant, is that I resentative payees’’ on gun-ban list; OSHA been ever since then and we will con- remember going to Copenhagen. At rule that changed paperwork violation stat- that time, the person who was the head ute of limitations from 6-months to 5-years. tinue to be regardless of whether the Defense rule that blocked contractors from President pulls out of the Paris Agree- of the EPA—an appointment by the President at that time—was Lisa Jack- getting deals if suspected (not convicted) of ment. employment-law violations; Labor rule In the event the President does de- son. Lisa Jackson—actually, we be- blocking drug-testing of unemployment cide to stay in the Paris Agreement, he came pretty good friends at that time. beneficiaries; BLM rule blocking oil and gas will need the Senate for ratification She had one problem: She had a hard development on federal lands. Federal Com- because the Paris Agreement meets time saying things that were not true. munications Commission rule that would seven out of eight criteria established I asked her a question right before we have established 2nd regime of privacy rules left. I said: I have a feeling that once I in addition to Federal Trade Commission; by the State Department to determine HHS rule that would make it easier for what constitutes a treaty. An agree- leave town, once I go to Copenhagen, you are going to come up with an states to fund Planned Parenthood; Depart- ment need meet only one of these, and ment of Labor (DOL) rule forcing private this meets seven. So it would have to endangerment finding. sector employees onto goverment run retire- come in for ratification. If the Presi- This was live on the record, by the ment plans; DOL rule allowing states to by- dent does not exit, the Paris Agree- way, in the committee I was chairing. pass protections on retirement plans. ment will be considered as a treaty. She kind of smiled, so I knew it was TRUMP EXECUTIVE ACTIONS It is in the best interests of the Na- true. Regulatory reform: requires 2 regulations tion and the President’s agenda to I said: Now, if you come up with an be repealed for each new regulation; WOTUS: make a clean exit from this agreement. endangerment finding, it has to be directs EPA to rescind Waters of the United That is why we sent a letter, which was based on science. What science would States Act; Energy: repeals clean power plan, other harmful regulations . . . ending sent out this morning by about 25 you rely on? She said: Well, on the IPCC. War on Fossil Fuels; Mexico City: reinstates Members of the Senate, encouraging That is the Intergovernmental Panel ban of fed funds going to NGOs that do abor- the President to pull out of the agree- on Climate Change. tions; Hiring Freeze: freezes federal hiring ment. It is the best way to get every- Now, I wouldn’t say as luck would (exempted military); Military: rebuilds mili- thing he wants: a complete end to the have it, but it is kind of coincidental tary; Approves Keystone XL pipeline; Ap- proves Dakota Access pipeline. war on fossil fuels—which has been on- that right after she made that state- going since the day Barrack Obama Permit Streamlining: expedites infrastruc- ment was when the big scandal that ture and manufacturing project permits; Im- went into power—without the risk of was referred to as ‘‘Climategate’’ came migration: 90 day suspension on visas for any further future litigation man- along. They discovered that the sci- visitors from Syria, Iran, Libya, Somalia, dating that the EPA establish new entists who were with IPCC were not Sudan,Yemen. 20 day suspension of U.S. Ref- greenhouse gas regulations, and a de- getting the results they wanted. So ugee Admission Program; Sanctuary Cities: cent seat at the table for the United they rigged the science, and they were blocks federal Department of Justice grants States, which we all agree that we to sanctuary cities; Dodd-Frank: demands caught doing it with emails. So there review of Dodd-Frank banking regulations want. If for some reason he decides not wasn’t any question as to what they to withdraw, he will have to submit it and demanding roll-back; Shrink govern- were trying to do. So that totally dif- ment: directs federal agencies to reorganize to the Senate as a treaty, and it would fused the effectiveness and the legit- to reduce waste and duplication; Trade: eval- be defeated. imacy of the IPCC. uates policies to reduce trade deficit; Let me mention two other things In fact, Christopher Booker of the UK Opioids: fed task force to address opioid drug which I think are important and which Telegraph said: ‘‘This is the worst sci- crisis; Fiduciary rule: delays implementa- I want to include in the RECORD at this entific scandal of our generation.’’ tion of bad DOJ rule; Religious Liberty: time. So when people keep saying that Eases enforcement of Johnson Amendment You know, we have been talking science is settled, that is where it all and grants other protections for religious about the Paris Agreement. The far freedom; Offshore drilling: revises Obama-era came from—the IPCC. offshore drilling restrictions and orders a re- left has been trying to get a forum of Clive Crook of the Financial Times cap and trade ever since Kyoto in 1997. view of limits on drilling locations; National said: Monuments: Directs a review of national They have tried to do it through legis- The closed-mindedness of these supposed monument designations. lation, tried over and over again, as I men of science, their willingness to go to any Improves accountability and whistleblower mentioned. They could not do it, so length to defend a preconceived message, is protections for VA employees; Affirms local they tried to do it through regulation. surprising even to me. The stink of intellec- control of school policies and examines De- You might wonder, what was it way tual corruption is overpowering. partment of Ed regulations; Reviews agricul- back in the beginning—what were the Well, I assumed at the time that that tural regulations; Reviews use of H–1B visas; motives for this in the very first place? would end their providing the science Top-to-bottom audit of Executive Branch; Moves Historically Black Colleges and Uni- I carry this. I think it is very impor- and justification for passing what versities offices from Department of Ed to tant to realize what people were saying would have been the largest tax in- White House; Obamacare: directs federal about it. crease in the history of this country. agencies to ease burdens of ACA; Establishes The former Minister of the European So, anyway, back to the issue here, American Technology Council; Establishes Union—her name was Margot several of us feel that to avoid all of office of Trade and Manufacturing Policy;

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I yield the floor. years when others were already at a ci- search efforts on the companies that The PRESIDING OFFICER. The Sen- vilian job that they would only be able recognize the value of their military ator from Missouri. to go to later. service and what that value will bring f I am honored to represent nearly to their new workplace, and also com- 500,000 Missouri veterans. As a member panies that will provide a long-term ca- MEMORIAL DAY of the bipartisan Congressional Vet- reer path where those skills are used Mr. BLUNT. Mr. President, this erans Jobs Caucus, I am committed to and appreciated. So this is a step in the weekend we will mark the beginning of helping our veterans find good-paying right direction. the Memorial Day remembrances that jobs as civilians. We took an important I have talked to the Secretary of we do every year. Memorial Day, of step in that direction recently when Labor just this week, who said they in- course, is on Monday, but many activi- President Trump signed the Honoring tend to have this plan up and running ties will begin even today and tomor- Investment in Recruiting and Employ- by the end of this year, quicker than row to honor those who have died in ing American Military Veterans Act, they were required to do but certainly the defense of our country. These men or the HIRE Vets Act. I believe it may not quicker than we hoped they would and women had families, they had have been the first bill the Senate be able to do. So this is going to be a dreams for the future, and they had passed. I was pleased to be the prin- priority at the office of the Secretary their whole lives ahead of them. But cipal sponsor of that bill, and it was of Labor, as veterans should be a pri- they did something extraordinary. the underlying bill on the continuing ority for our society. I remember that a few years ago I resolution that funded the government Today, we have the most powerful had the opportunity to be at the Amer- on April 17, and so it became law. military in the world, but we really ican cemetery in Normandy. At the end It addresses the fact that transfer- need to recognize—and I think we do of the tour of that cemetery, the guide ring from military to civilian life rep- recognize—that behind that military had us sit down on a ledge with the resents a number of challenges. It rep- stands supporting families. Families English Channel to our back and those resents challenges for our servicemem- are the backbone of the military today. 8,000 graves in front of us that we had bers, and that transfer can be a dif- They provide the kind of support that just looked at and had talked about the ficult personal decision to make, but it servicemembers need. They provide the sacrifices made. Then he flipped open is also difficult to navigate the civilian encouragement for the difficult chal- his computer and, at that exact same employment market and to find out lenges of going from one post to an- spot, on the 20th anniversary of the D- who is recognizing the skills and the other and one job to another. I think day, General Eisenhower—former lessons learned by veterans and who there are ways we can recognize those President Eisenhower—in 1964 was may not be quite at the forefront of families and what they do in a better talking to Walter Cronkite. He said to that. way. Walter Cronkite: You know, Walter, The HIRE Vets Act helps to facilitate I was able this year again to intro- my son John graduated from West that transition by providing veterans duce the Military Family Stability Point on D-day, and over the last 20 more information on employers that Act. Military families have changed years, I have watched him and his wife offer benefits and opportunities geared over the years. Our military stays in raise their family and have the experi- toward hiring veterans. Many employ- service longer. The skill levels they ac- ences they have had, and, he said, ers say they are veteran friendly, and quire are more valuable than might many times I have thought about these many employers are veteran friendly, have been the case in the past. As the young men and the life they didn’t get but there has really been no standard military gets more technical, having to lead because of what they were that anyone could look at to determine invested the time and training on asked to do. whether that was true or not—no someone in service is a more signifi- Particularly, you had the person sit- standard for what employers aspire to cant investment than it may have been ting there 20 years later who ulti- do at their workplace or no standard at another time. Our policies that af- mately was the person who asked them that future veterans and employees can fect military families haven’t kept to do what they were asked to do, and seek out. pace with our investment in people you understand that that is the kind of This would be much like a LEED who are serving. decision he thought about. It is the standard on energy efficiency. If you According to a study by the Military kind of sacrifice we should think about have that standard on your building or Officers Association of America, 90 per- as we think about those who didn’t get at your workplace, people know ex- cent of military spouses who are to pursue their dreams and didn’t get actly what that means. This bill asks women are either unemployed or un- to see the family they had grown up the Department of Labor to establish a deremployed. More than half of those with or have the family they would similar kind of standard for those who people cite concerns about their have liked to have had because they are the best, for those who are nearly spouse’s service as a deterrent to their laid down their lives so that we could as good, and for those who are almost prospective employers: having to leave take care of our families, so that we as good as them to see what people are quickly without notice, not getting the could realize our dreams, so that we doing—a tiered recognition of employ- ability to transfer from one State to could enjoy the freedoms that our Na- ers to see what they are doing to wel- another, or when their training or li- tion is truly blessed with and that come, encourage, recognize, and pro- censing has happened in the State they make us truly extraordinary in our be- mote veterans. were living in. lief and our defense of freedom, not Some of the criteria that could go Too often, military spouses have to only for ourselves but for people every- into that evaluation would include the end up sacrificing their own career. I where. percentage of new hires at your com- think, in any case, we would under- We are grateful for all that these peo- pany who are veterans, the percentage stand there is some sacrifice here when ple have done, and this is a time of of the overall workforce that is made you are moving from place to place, year that we particularly set aside to up of veterans, what type of training but there doesn’t need to be a needless honor those fallen heroes—the soldiers, and leadership activities are made sacrifice. the sailors, the airmen, the marines, available that are designed to maxi- So the Military Family Stability Act the people in the National Guard and mize what a veteran uniquely has would allow families to address a prob- the Coast Guard and the Reserve— learned as a veteran, and what other lem. I consistently hear from military called up and losing their lives in that benefits and resources are offered— spouses and people serving in the mili- cause. things such as tuition assistance, tary who talk about the challenges

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That is the $2 trillion month late or prevents a husband or only to honoring veterans between now assumption about the finances of our wife from being able to commit to a 9- and next Monday but between next country and the potential burden of month teaching contract or start a Monday and a year from next Monday, the next generation of Americans, graduate program on time because the continuing to do those things we can to some of whom are sitting here with us move they had anticipated happening be sure that those who serve and those today. is delayed. I have had people come and who have served are fully appreciated Even if you accept that math—which testify on exactly those two specific for their service. I don’t—but even if you accept that things and others that made a big dif- I suggest the absence of a quorum. math, we have another problem. The ference in their family and their fam- The PRESIDING OFFICER. The administration’s budget also proposes ily’s enthusiasm about the service they clerk will call the roll. massive tax cuts that it claims will not were jointly giving to the country. The senior assistant legislative clerk add to our debt because of the same $2 For many families, if you make that proceeded to call the roll. trillion in new tax revenues. As has move early, the family has to absorb Mr. BENNET. Mr. President, I ask been pointed out, that is double-count- the move. I think there is a better way unanimous consent that the order for ing, plain and simple, the kind that to do this. I think we can increase sta- the quorum call be rescinded. would cause any college freshman in bility in military families. This bill en- The PRESIDING OFFICER. Without America to fail his or her accounting ables the servicemember or family to objection, it is so ordered. exam. This would be like depositing the same paycheck at two different either move early or remain at their f current duty station for up to 6 months banks and claiming that your salary THE PRESIDENT’S BUDGET while the spouse or the serving parent had doubled, then increasing your begins a new assignment. Now, for that Mr. BENNET. Mr. President, there spending on groceries, travel, housing, to happen—the spouse moving early to has been a rare outburst of bipartisan- and everything else as if it were actu- the new assignment—the servicemem- ship in the Senate this week. It is ally true that your income would be ber moving early or staying a little bit somewhat amazing, and I think it double. You would go broke, and that later has to absorb their single service- should be celebrated because Demo- is what is going to happen here. It is no wonder that a Republican person expenses for staying. But as to crats and Republicans agree that the Congressman said that this budget was the much more significant expenses, administration’s new budget is a com- like building a house on what he called the family goes at a reasonable time plete disaster. It has fallen with a bi- ‘‘a sandy foundation.’’ The administra- when it is better for the family to go. partisan thud here in our Chamber. I am proud that this bill has garnered I think there is a reason for that. tion’s only hope of getting this through widespread support from numerous Throughout the campaign and now as is if Americans, including some of the military family and veteran service or- President, President Trump has made a President’s strongest supporters, ig- nore the math and ignore the fact that ganizations, including the National lot of promises. He has promised a bal- his proposal actually grows our na- Military Family Association, the Mili- anced budget. He has promised no cuts tional debt, cuts Social Security, cuts tary Officers Association of America, to Social Security, Medicare, or Med- Medicaid, and savages countless pro- and others. icaid. He has promised the best I am also pleased that at this mo- healthcare for everyone at the lowest grams that protect vulnerable Ameri- ment, as we reintroduce the bill, Sen- cost. He has promised massive new tax cans and invest in our future. On Medicaid in particular, a lot of us ator GILLIBRAND and I, Secretary cuts. He has promised a great wall paid are scratching our heads at the math, Mattis—a former marine and decorated for by Mexico. let alone the real world pain that General, one of our most distinguished Skeptics, including myself, have would result, should this proposal be- awaited this budget to see the hard officers, who has seen the impact on come law. families as he served—staff members at choices, the details, and the math that The healthcare bill, which passed on the Department of Defense, Senator could make sense of those promises. the floor of the House—and I said about MCCAIN, the chairman of the Armed After all of those words—and there that bill that even if I think about the Services Committee, and his staff have were a lot of them—and all of those townhall meetings I have had in Colo- been working with us to iron out the promises, we now have a budget, and it rado, where people object most strenu- details on a bill that they all support makes no sense. ously and most strongly to what is and agree will help our military men Let’s walk through a few of the num- called ObamaCare or the Affordable and women and their families. bers. Every year, our country collects Care Act, if you set out to design a bill So the HIRE Vets Act and the Mili- on average about 18 percent of our less responsive to the people in my tary Family Stability Act are bipar- gross domestic product in taxes—the townhall who opposed ObamaCare—if tisan. They are commonsense measures equivalent of about 18 percent of our you set out to draft a bill less respon- that really get us closer to our goal of gross domestic product in taxes, and sive, you couldn’t do a better job than ensuring that we provide the support every year we spend just over 21 per- they did in the House of Representa- for servicemembers and veterans who cent of the GDP. That gap is why our tives. have defended us. national debt continues to grow. In- I thank the Presiding Officer for his We will also continue our oversight stead of closing the gap, where you work on healthcare because I can actu- on the Veterans’ Administration to en- have spending here and revenue here— ally recognize the concerns of my con- sure that those who have served re- instead of closing that gap, the Presi- stituents in his fine work as opposed to ceive more choices and that their dent’s budget proposes further tax what we have seen in the House. healthcare benefits and other benefits cuts, bringing down the share of the One of the things that are so dis- they have earned are benefits that they GDP we are collecting and increasing turbing about that bill is that they are will receive. There is really no reason defense spending while promising to slashing Medicaid by around $830 bil- they can’t receive many of those bene- balance the budget. lion. That is 20 percent of the Medicaid fits where they would prefer to go as Just this morning, President Trump Program that has been cut in that opposed to where the government has sent his Secretary of the Treasury to House budget. This new budget would previously thought were the only op- Congress to explain how all this adds gut the program by another $600 bil- tions. Veterans’ choice is important. up. He couldn’t do it. He couldn’t do it. lion. Combined, that would cut Med- They chose to serve. We can now give The only way the math in this budget icaid nearly in half by 2026—in half. them more choice than we have in the works, the only way that the gap That means millions more Americans. past to decide what works for them and closes, is by assuming that magically This is why the CBO—the Congres- their families. our economy will grow faster than any sional Budget Office—told us that 23

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.067 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3201 million Americans would lose their This budget also turns its back on we are as a nation and what we hope health insurance as a result of the families who are struggling the most. for, for the next generation. bill—because it would mean that the It eliminates support to heat low-in- In these times, the American dream minute all of this happened, people come homes through the winter. That is not something we can take for grant- would struggle to get quality is the reason Democrats and Repub- ed. It is the product of choices our healthcare services. licans do not support this budget. It forbearers have made and choices we In addition to the 23 million who are cuts safety inspections for coal miners, have made—choices to invest in the fu- going to lose it because of the plan the while devastating support to fight pol- ture, to look out for one another and Republican majority passed in the lution and clean up toxic sites that dis- ensure that all Americans have oppor- House, in my home State of Colorado— proportionately harm poor commu- tunities to make the most of their God- and I do not think it is very different nities. It cuts assistance to the home- given potential. from a lot of places in this regard—half less and community development block Budgets are more than just dollars of the people who are on Medicaid are grants—ends it—which promote afford- and cents; they answer important ques- kids. Are they supposed to go to work, able housing and economic develop- tions about our vision for the future or do we want them in school and hav- ment in low-income areas. It slashes and our values as Americans. In that ing the benefit of a healthcare pro- food stamps by 25 percent. It is like the sense, it is worth considering how this gram? Grinch himself wrote this budget. budget would affect the everyday lives Do we expect seniors in long-term Nearly half of those who benefit from of Americans—of the people who come care to go back to work? There are mil- that program are children—poor chil- to our townhalls or the people who are lions of Americans who are living in dren. too busy working, trying to provide for nursing homes, having spent their en- This budget not only ignores our their families, to be able to go to our tire life savings for the privilege of duty to ensure that kids in poverty do townhalls. being in long-term care or in nursing not go hungry, it also fails to invest in If this budget were to pass, a working homes that are paid for by Medicaid. their future. This budget cuts edu- mom might lose healthcare for herself What are they supposed to do? Are we cation funding by $9 billion. It slashes and have to worry that her aging moth- going to empty out the nursing homes afterschool and summer programs for er might not be far behind. She might in the United States? low-income children. It cuts funds to have to cut back hours at work to pick I think, to some extent or another— help teachers become better teachers. up her kid whose afterschool program I always get into trouble with my staff It cuts programs to help students work was just canceled. Driving home, she every time I say this, but I am going to their way through college. will wonder whether her child’s say this again here—every one of us in There is not anybody in America who weeklong cough has anything to do this Senate is a conservative if ‘‘con- thinks it is right that we are bank- with the air he is breathing or the servative’’ means to protect the insti- rupting families and students because water he is drinking or whether that tutions of our government and to think of the high cost of college, which is dinner was the last of the groceries for carefully before we leap. There is noth- something that their parents and the month even though it is only the ing conservative about this proposal on grandparents did not have to endure 25th. Medicaid. It is a radical proposal—a 20- because of choices we made then that These are the choices our constitu- percent Medicaid cut. We have not seen we are not making today. ents are going to face, and that is not anything like that in our history. Who in his right mind thinks an an- the future we want. It is not an Amer- What is amazing about this budget is swer to that is to cut work-study pro- ica we would choose for our kids. not just that the math does not add up grams? Yet that is in the budget. It (Mr. BLUNT assumed the Chair.) I am wrapping up here. I know my but that its targets are shockingly takes aim at our next generation. The colleague from Louisiana is here. clear: rural communities, vulnerable budget targets next-generation re- The most expensive thing for us to do Americans, vital investments in our fu- search and technology that we need in is to give up on working people, our ture. This budget slams communities order to compete in the 21st century. It kids, and on urban and rural commu- that are already hurting in our econ- slashes funds to the National Science nities that are too often forgotten by omy. Farmers would face a 21-percent Foundation. people in Washington. That, I am Do you want a reason as to why Re- cut to the Department of Agriculture, afraid, is what this budget does—it publicans and Democrats do not sup- meaning less help to fight erosion, pro- gives up. In a sober analysis on real so- port this budget—why we have bipar- tect water quality, and improve irriga- lutions to our problems and our basic tisan opposition for it? It is that it tion. The budget eliminates the TIGER commitment to each other, we are as cuts the NIH, the National Institutes of Grant Program entirely, which builds fellow citizens bound by a common des- Health, by $8 billion even though its re- roads, bridges, and train stations all tiny, but this does not meet the test. across the country. It cuts the mainte- search supported over 330,000 jobs and I look forward to working with Re- nance budget for the U.S. Forest Serv- $60 billion in economic activity just publicans and Democrats, together, to ice by over 70 percent, making it hard- last year. It cuts research for low-cost, write a budget that actually reflects er to maintain the trails and facilities clean energy even though experts pre- the will of the American people. I look that support rural outdoor economies. dict nearly $8 trillion of global invest- forward to working with the Presiding I invite anybody here and I would ment in renewable energy over the Officer and my colleague from Lou- welcome anybody to come visit Colo- next 25 years. It devastates the Depart- isiana, who is doing such good work on rado. That is not a hardship; it is a ment of Energy’s loan program that healthcare. beautiful place. See the condition that spurs private investment and pays for Mr. President, I yield the floor. our national forests are in and the itself. The PRESIDING OFFICER. The Sen- work that needs to be done and the Believe me, I have worked in every ator from Louisiana. conditions under which employees of level of government. I have been in the f the Forest Service are being asked to private sector, too, and I know there is do their jobs. It is not right. It is not waste in every level of government. HEALTHCARE LEGISLATION fair. There is waste in the Federal Govern- Mr. CASSIDY. Mr. President, I thank This budget eliminates essential air ment. There are programs that make the Senator from Colorado for his kind service which helps connect our most no sense, and there are decisions we words. remote areas. Besides water, it is prob- make that make no sense. We need to I rise to speak about our Republican ably the most important lifeblood of strive every day to become better stew- effort to repeal and replace the Afford- our rural communities. It cuts assist- ards of taxpayer dollars. I do not think able Care Act. I always kind of chuckle ance to State and volunteer fire de- we do a good enough job in this place of when I say the ‘‘Affordable Care Act,’’ partments, exposing our mountain oversight, of how taxpayer dollars are as I have a friend back home whose towns to even greater risk. This is a being used. Yet this budget does not quote for his insurance was $39,000 for 1 horrible budget for rural America—hor- target waste, and this budget does not year. That is the un-Affordable Care rible. target fraud and abuse; it targets who Act.

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.069 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3202 CONGRESSIONAL RECORD — SENATE May 25, 2017 A family member from San Francisco does nothing to the level of the ocean. Let me just emphasize one more whose policy was $20,000 for 1 year had Similarly, if you have one person who time: If we can get that bigger pool of a $6,000 deductible for each person. I is ill who is in a big pool of otherwise people, premiums fall. So for my fam- think her husband actually voted for healthy people, it does nothing to the ily member in San Francisco who can’t BERNIE SANDERS, but she is like: The expense because the expense of that afford that premium, if we get that heck with this because I cannot afford one person’s illness is spread over pool bigger, premiums fall. Similarly it. many. So by making enrollment easy— for the insurance consultant here or Then there is another fellow here in fulfilling President Trump’s pledge— my friends back home in Louisiana, if Washington, DC, who is an insurance just like the ocean with one cup of we can make that pool bigger by mak- consultant. If anybody can get a good water, that one person who is sick, the ing enrollment easier, their premiums deal, an insurance consultant should be expense spread out over many, the im- will fall. able to. He says: pact on any one person’s premium is I will just say that I call myself a My family premium is $24,000 a year with a nil. kitchen table conservative. All those family deductible of $13,000. We will pay By the way, there is a lot of conserv- conservative families who voted for $37,000 before we receive benefit from our in- ative support for this sort of concept. Donald Trump, who sit down at their surance policy. First let me just say that coverage is kitchen table and they know they can’t That is unsustainable. important. If we pretend that people afford a $20,000 premium and already President Trump saw that during the having coverage is not important, it is they are struggling with their car note, campaign. He said over and over just not true. I am a physician. I can their house note; they have given up again—kind of his four pledges, if you tell my colleagues there are many con- sending their kids to a private school; will—that he wished to maintain cov- versations I have had where someone they are doing whatever they can to erage, lower premiums, get rid of those who was poorly insured or uninsured make ends meet. Under the un-Afford- mandates that Americans hate in might need some critical medicine or able Care Act, they are required to pay ObamaCare, and care for those with critical procedure and we had to work, so much. When they heard President preexisting conditions. This is what he scramble, do everything we could to Trump say that he would lower their said over and over. It is a great pledge. get her the coverage she needed to have premiums, they saw that as a lifeline He actually said something else as sometimes a lifesaving procedure. for their family budget. Their vote for well: He said he wanted to make Rich Lowry is a conservative col- President Trump was a cry for help: healthcare easy. Now we have an ap- umnist for the National Review. He Help us with insurance premiums we proach to do this. Some people call it had a column saying that the worst ar- cannot afford. auto enrollment, but I call it making it gument against replacing the Afford- Now, as a kitchen table conservative easy. In this way, we can increase cov- able Care Act is that coverage is not myself, to those families who voted for erage and achieve the goals of Presi- important. Coverage is important. Republican candidates over the last dent Trump’s to lower the premiums. If we go on toward this kind of con- several elections but who absolutely We are using something that is already cept—make healthcare enrollment know they need help with their health used in Medicare and 401(k) plans. easy; you are in unless you are out— insurance, we have a solution for them. Again, we make it easy to enroll. Let Jim Capretta, Joe Antos, and Stuart But let me pause for a second. You me elaborate on this. Butler have all spoken about using this don’t have to be a conservative to care People argue that we have to have a concept. Nina Owcharenko and Bob for this solution. In fact, people on the mandate because without a mandate, Moffit of the Heritage Foundation left have actually endorsed this con- people will lose coverage, and if people wrote in Senator JOHN MCCAIN’s Presi- cept as well. lose coverage, only the sick enroll and dential plan in 2008 that it would be ac- I will end by saying this. As we come healthcare expenses increase. I think companied by a system of automatic up with a replacement plan for the Af- the Senate actually has an opportunity enrollment of health insurance, either fordable Care Act, it will not be a Re- to do something better. We can make it at the workplace—and then they go on. publican solution and it will not be a easy. Under this, we can imagine that But they were praising the Presidential Democratic solution. At its best, it will someone is eligible to be enrolled in candidate’s—but now Senator JOHN be an American solution—an American our program unless he calls us up and MCCAIN’s—employment of let’s make it solution for that family at the kitchen says he does not want to be. easy to enroll. table, struggling to pay their pre- This is what we do in Medicare. When By the way, President Trump kind of miums, who can’t do so now but know we—when I, when you, when any of emphasized this. Just before he was in- that they need coverage. In so doing, if us—turn 65, we are automatically en- augurated on January 15, he gave an we can fulfill President Trump’s cam- rolled in Medicare. I turned 65, and I interview to the Washington Post and paign pledges to cover all, caring for am on Medicare. It is not a mandate. I he was talking about his proposed those with preexisting conditions, can call them up and say that I do not healthcare law. We have already men- eliminating mandates, and lowering want to. You have never heard anybody tioned the components that he said premiums by making enrollment easy complain about it. It is just called were in it. He wanted all covered, car- through something called auto enroll- making it easy. ing for those with preexisting condi- ment, we will have done our job. Similarly, when a Fortune 500 com- tions, getting rid of the mandates, and Mr. President, I yield the floor. pany puts in a 401(k) plan, it has lowering premiums, but he added this: f learned that if it asks somebody to People under his law ‘‘can expect to sign all of the forms, and they can opt have great healthcare. It will be in a TRIBUTE TO WILLIAM DAUSTER into its 401(k) retirement plan, it gets much more simplified form. Much less Mr. DURBIN. Mr. President, I have about 65 percent participation, but if expensive, and much better.’’ two words for Bill Dauster: Thank you. they say: You are in unless you call us I like that: simplified. Thank you, Bill Dauster, for your up and tell us you do not want to be— Under ObamaCare, we have like 16 brilliant mind and unwearying service if they make it totally easy, they get pages online that people have to fill to the U.S. Senate, to the American 95 percent participation in that 401(k) out with all their W–2s with them in people, and to America’s most noble program. order to find out if they are eligible. ideals. We know both from Medicare and The patients I saw in a hospital for the Thank you for your good humor, and from business that if you make enroll- uninsured where median income may thank you for your endless supply of ment easy, you have 95 percent partici- have been $16,000, people lived in per- good ideas. pation. Now, that is so good in the set- haps public housing, they took public The Senate is going to miss you. ting of this because if we have all of transportation to the public library in In Steven Spielberg’s Movie ‘‘Lin- those enrolled who are eligible to join order to log on because they did not coln,’’ with Daniel Day-Lewis, there is the ObamaCare replace plan, we make have a home computer, much less a scene in which President Lincoln is that insurance pool large. internet. That is not simple. That is talking with Congressman Thaddeus We call it a pool for a reason. If you why enrollment numbers are lower for Stephens of Pennsylvania, played by pour a cup of water into an ocean, it lower incomes. We make it easy. Tommy Lee Jones.

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.070 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3203 Thaddeus Stephens was one of the We thank the entire Dauster- Secretary of State Tillerson has also most righteous, uncompromising aboli- Weintraub family for sharing Bill with made clear that the values and indi- tionists in all of American history— us. vidual rights that Americans have long and thank goodness for him. Somehow, even with the obligations believed are what makes the United In the movie, he tells President Lin- of work and family, Bill has found the States the great country that it is and coln that there is no use in appealing time to be something of a Talmudic which are in fact universal values en- to the moral decency of slaveholders scholar. shrined not only in our Bill of Rights, and their allies to end slavery and ra- So let me end with this thought, but also in the Universal Declaration cial discrimination. from the ancient Taludic sage, Rabbi of Human Rights, will take a back seat The reason, he says, is that ‘‘the Tarfon, who wrote, ‘‘Do not be daunted to our ‘‘national security and economic inner compass that should direct the by the enormity of the world’s grief. interests.’’ In that sense, the adminis- soul toward justice has ossified’’—be- Do justly, now. Love mercy, now. Walk tration is modeling itself after China come utterly useless—‘‘through toler- humbly, now. You are not obligated to and Russia, which, given President ating the evil of slavery.’’ complete the work, but neither are you Trump’s admiration for ‘‘strong’’ lead- President Lincoln’s reply was so free to abandon it.’’ ers like President Putin and Secretary wise. He said, ‘‘A compass, I learnt For 30 years, Bill Dauster has helped Tillerson’s background as he head of when I was surveying, . . . it’ll point this Senate pass laws that have made the world’s largest oil company, should you True North from where you’e life more just and more merciful for surprise no one. untold multitudes, in America and standing, but it’s got no advice about According to a press report, Sec- the swamps and desert and chasm that around the world. Although he is leav- ing the Senate, I know he wil never retary of Commerce Ross found it ‘‘fas- you’ll encounter along the way.’’ cinating’’ that there were no protests He went on to say,‘‘If in pursuit of abandon that work. during the President’s visit to Saudi your destination, you plunge ahead, f Arabia. ‘‘Not one guy with a bad heedless of obstacles, and achieve noth- THE PRESIDENT IN SAUDI ARABIA placard,’’ he said, apparently oblivious ing more than to sink in a swamp, to the fact that protests are prohibited what’s the use of knowing True Mr. LEAHY. Mr. President, while the and any protester would have been im- North?’’ Office of Management and Budget was There is a lesson in that story for all putting the finishing touches on its Or- mediately arrested. of us. wellian-themed ‘‘A New Foundation for I know I am not the only one here Passing laws in our democracy re- American Greatness,’’ the President’s who finds it hard to fathom that a quires more than passion and more fiscal year 2018 budget, which proposes President who has condemned ter- than clever speeches. to eliminate or drastically reduce fund- rorism, as he should, says virtually Passing laws requires legislative ing for a vast array of critical pro- nothing about the Saudi royal family’s skill. It requires mastery of parliamen- grams on which the American people— own support for extremism that breeds tary procedure and arcane rules. That including the most vulnerable among terrorism, and nothing about the Saudi is how we avoid the ‘‘swamps and us—depend, the Trump family was regime’s gross mistreatment of its own desert and chasms’’ that President Lin- being feted by one of the world’s citizens. In fact, the President’s daugh- coln spoke of. wealthiest and repressive regimes. ter, who purports to speak on behalf of Bill Dauster knows more about the Not only has the Saudi family used the White House, publicly praised the rules of the Senate than probably any- its vast oil wealth to promote an ex- Saudi regime’s progress on women’s one since Senator Robert C. Byrd. That tremist ideology, including in rights, ignoring the fact that every has made him something of a legend in madrassas and mosques in South Asia, woman she met with—none of whom the Senate, on both sides of the aisle. the Middle East, and North Africa, its were women’s rights activists—re- But what makes him even more ad- grip on power is made possible through quired the permission of a male rel- mirable is the reason that Bill Dauster corruption and the systematic denial of ative to participate. has mastered the mechanics of law- fundamental rights, including the bru- America’s values, including the de- making. tal oppression of women and girls, fense of human rights, are a source of Bill has worked for a lot of big names human trafficking, and the exploi- our strength, our durability, and our tation of foreign labor. in American politics, but it is dignity leadership in the world. I have no After criticizing the Saudis during and justice and fairness for the little qualms with a President of the United guy that has always driven him. the Presidential campaign, earlier this week, President Trump and his family States visiting Saudi Arabia. In fact, I In 30-plus years, he left the Senate support it. What I don’t support, how- only twice, for brief stretches. Once basked in the opulent glow of Saudi family royalty. According to press re- ever, is the President agreeing to a was to be President Bill Clinton’s dep- massive sale of weapons to a regime uty assistant for economic policy dur- ports, just prior to their arrival, the President’s son-in-law finalized a $110 that, with the exception of its antip- ing the golden years of a budget sur- athy toward Iran, shares little in com- plus. The other time was in 1998 and billion sale of American weapons to the Saudis; yet neither the President nor mon with the United States. Saudi 1999, to work on the Presidential ex- Arabia has been a supporter of ter- ploratory committee of Senator Paul his advisers, who danced with Saudi sheiks in a grand palace, voiced any rorism. Its armed forces have com- Wellstone. mitted war crimes in Yemen. Saudi Paul Wellstone used to say: ‘‘I didn’t concern that Saudi Arabia is a police Arabia ranks among the world’s worse come to the Senate to fight for the state whose citizens have no oppor- violators of human rights—even below Rockefellers. They have enough lobby- tunity to change their government, Iran. The message to the Saudi regime ists. I’m here to fight for the little where criticism of the Royal family is and the Saudi people from President feller.’’ not tolerated, and where arbitrary ar- That could be Bill Dauster’s motto rest and torture are common, nor with Trump and his family is that these too. the Saudis’ repeated misuse of U.S. issues are no longer important enough Bill Dauster has the rare sort of vi- military equipment against innocent to even mention. sion in which no one is invisible, no civilians in Yemen. Those of us who have been working one is so small that they are In fact, standing next to the Saudi on protecting and promoting U.S. na- undeserving of respect. Foreign Minister at a joint press con- tional security interests since long be- Bill isn’t the only dedicated public ference, Secretary Tillerson rightly fore this administration took office servant in his family. His equally bril- called on the Iranian Government to know better. It is not possible to effec- liant wife, Ellen Weintraub, has served restore freedom of speech and assembly tively separate our values, like the pro- as a commissioner on the Federal Elec- for its people so they can ‘‘live the life tection of individual freedoms and tion Commission since 2002. that they deserve.’’ But do the Saudi other human rights, and our national They are the parents of three grown people not deserve such rights? He security and economic interests. They children, Matthew, Natanya, and made no such appeal to the Saudi mon- are inextricably linked, and we will all Emma. archy. pay the price if we ignore that reality.

VerDate Sep 11 2014 05:57 May 26, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.061 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3204 CONGRESSIONAL RECORD — SENATE May 25, 2017 RESOLUTION OF THE BOARD OF President Reagan highlighted the im- In closing, the feeling of dread and TRUSTEES OF THE WASHINGTON portance of making child safety a pri- helplessness that families must feel NATIONAL OPERA ority when he established May 25 as when a child goes missing is unimagi- Mr. LEAHY. Mr. President, my wife National Missing Children’s Day for nable. To help prevent similar trage- Marcelle and I know and respect Jac- the first time in 1983. On this day, we dies in the future, I urge my colleagues pause to remember those children who queline Mars. She joined the Wash- to join me in supporting these impor- have gone missing and honor those who ington National Opera’s board of trust- tant pieces of legislation. are dedicated to their rescue. ees in 2003. She was elected as chair- According to the FBI, hundreds of f man of the board of the Washington thousands of children are reported ASIAN PACIFIC HERITAGE MONTH National Opera in 2011 and oversaw missing each year. Most of these cases WNO’s affiliation with the John F. are closed within hours, thanks to the Mr. CARDIN. Mr. President, today I Kennedy Center for the Performing quick actions of families, communities, wish to recognize May as Asian Pacific Arts. Some of the highlights during her and law enforcement personnel, but American Heritage Month and cele- tenure as chair have been the ac- there also are children, like Lyric Cook brate the many contributions of Asian claimed production of American Ring— and Elizabeth Collins, who never make Americans and Pacific Islanders, AAPI. The Ring of the Nibelung; M&M’s it home safely. The Asian American and Pacific Is- Opera in the Outfield; the Holiday Ten-year-old Lyric and 8-year-old lander community is diverse and draws Family Opera; and the American Opera Elizabeth disappeared in 2012 while from a variety of distinct cultures, Initiative. Marcelle tells me that, in taking a bike ride near their grand- each of which has strengthened this recognition and appreciation of all of mother’s house in Evansdale, IA. Their country—providing leaders, innovators, her tireless efforts and enormous con- bodies were found in the woods nearby scientists, activists, artists, and citi- tribution and support of the Wash- later that year. Almost 5 years have zens. ington National Opera, the Board of passed since their lives were cut short, As we take the time to recognize Trustees of the Washington National but the perpetrator has yet to be iden- Asian Americans and Pacific Islanders Opera have unanimously approved that tified. and their heritage, it would be neg- Jacqueline Mars will now be recognized My heart goes out to their grieving ligent to forget that this year marks 75 as chairman of the board of trustees families and the families of all the years since President Franklin Delano emeritus of the Washington National other children who have lost their lives Roosevelt signed Executive Order 9066. Opera. in similar tragedies. These child abduc- He signed Executive Order 9066 in the I ask unanimous consent that this tion and murder cases are a reminder aftermath of the attack on Pearl Har- resolution be printer in the RECORD. of the need to promptly pass legisla- bor and authorized the Department of There being no objection, the mate- tion to extend the key programs au- War—today known as the Department rial was ordered to be printed in the thorized by the Adam Walsh Child Pro- of Defense—to establish ‘‘military RECORD, as follows: tection and Safety Act. The Senate zones.’’ The military had complete au- RESOLUTION OF THE BOARD OF TRUSTEES OF passed such a bill by a vote of 89 to 0 in thority over these zones, including con- THE WASHINGTON NATIONAL OPERA the 114th Congress. Another measure trol over who entered and who was per- The Board of Trustees of the Washington that would make a difference in the mitted to leave. The military zones be- National Opera (the ‘‘Board’’) does hereby lives of missing children is Kevin and came internment camps. In total, some adopt the following resolutions: Avonte’s Law. Last year, the Senate 75,000 Americans of Japanese ancestry Whereas, the Board recognizes the extraor- unanimously passed this legislation, and 45,000 Japanese nationals were im- dinary achievements of Jacqueline Badger which is named in honor of two boys prisoned in these camps across the Mars as Trustee and Chairman of the Wash- with autism who died after wandering country. ington National Opera; from safety. This bill, which I cospon- At the time, many attempted to jus- Whereas, in her years as Chairman, Jac- sored, promotes the use of technology queline Badger Mars has provided wise, far- tify the internment camps by citing to help locate children with autism and sighted, and creative leadership in guiding Japan’s attack on Pearl Harbor. They related conditions who may be suscep- the Washington National Opera from the cited the need to protect our homeland tible to wandering away from safety. It challenges it faced in effectuating its his- from potential espionage. They cited also supports training for first respond- toric affiliation with the John F. Kennedy the fact that Japan was our wartime Center for the Performing Arts, through its ers and other community officials to enemy. They cited the likelihood that successful and acclaimed production of Wag- help prevent and respond to these the next attack would come from ner’s Der Ring des Nibelungen cycle of op- cases. eras—perhaps the most ambitious project A related bill passed the other Cham- someone ‘‘looking like’’ the enemy. that can be undertaken in the opera world, ber by a wide margin late last year. I What they failed to explain was why to its commissioning and introduction of am currently working with the sponsor no internment camps were established new works by new composers and librettists for Americans of German ancestry—or as part of the American Opera Initiative; of that companion bill, Congressman CHRIS SMITH, to resolve the differences Italian ancestry. Japan was not our Whereas, Jacqueline Badger Mars’s service only wartime enemy; yet Japanese as Chairman has included numerous other between our two bills. Congressman highlights and accomplishments; and SMITH and I intend to reintroduce an Americans were the only ones thrust Whereas, the Board wishes to recognize its updated version of Kevin and Avonte’s into imprisonment under the guise of deep appreciation to Jacqueline Badger Mars Law in each Chamber in the coming ‘‘national security.’’ for her untiring efforts and enormous con- weeks. It is not difficult to guess why. Japa- tribution to and support of the Washington Finally, I would also like to take this nese Americans were targeted because National Opera and the operatic art form opportunity to announce that I will their heritage was thought to be easier generally, and for her friendship over the soon introduce legislation, known as to perceive. Of course, in many cases, years, now, therefore, be it: the U.S. Department of War did not Resolved, That Jacqueline Badger Mars the Trafficking Victims Protection Act shall hereinafter be recognized as Chairman of 2017. The bill I am developing in- draw distinctions between Americans of the Board of Trustees Emeritus of the cludes several provisions to help in the of Japanese ancestry and Americans of Washington National Opera; and further fight against child exploitation. First, other Asian or Pacific Islander ances- Resolved, That this resolution shall be ef- it promotes training of school resource try. If you were thought to look like fective May 15, 2017. officers, to ensure that they can better the enemy, you were a target—full f detect and respond to child trafficking stop—and were at risk of being impris- cases. Second, it updates the authoriza- oned illegally by the American Govern- NATIONAL MISSING CHILDREN’S tion for the National Center for Miss- ment. DAY ing and Exploited Children. Third, it This is one of the darkest periods in Mr. GRASSLEY. Mr. President, I extends and updates some of the key our history. We must not forget it. We would like to take this opportunity to programs that were established under cannot forget the tens of thousands of remind my colleagues that today is Na- the Trafficking Victims Protection innocent families who were stripped of tional Missing Children’s Day. Act. their basic human and legal rights and

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.060 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3205 property, racially profiled, and de- AAPI community’s concern is war- Jews—including me—to pursue public graded. We cannot forget that ‘‘na- ranted; people’s fear is understandable. service. Today, as I stand in this Cham- tional security’’ was then—and is Each Member of Congress must realize ber as a U.S. Senator from Maryland, I now—a poor justification for racial that caring about the mistakes of our am struck by the impact of Mendes profiling and a transparent attempt to past means working with purpose and Cohen’s legacy. If I were able to speak sanction and institutionalize racism. with conviction to prevent them from to him now, I would tell him: thank These are lessons the Asian Amer- happening again in the present. We you. Thank you for paving the way for ican and Pacific Islander community must use our votes where our values me to have it all: my faith, my family, has carried for generations, all while need defending and our voices where my heritage, and my career in public making our country stronger and more there is silence. service. If Mendes were able to speak inclusive. The AAPI experiences—when As we move forward through Asian now, I imagine he would tell us that we take the time to hear them—force Pacific American Heritage Month and his work is unfinished. He would en- us to engage in self-reflection, to be beyond, I implore every member of this courage us to continue carrying the more aware of our own biases, and Chamber to remember that the best torch of public engagement and civil more cautious of our own impulses. way to honor that heritage is to re- service. He would remind us that path As the former chairman and ranking spect the community bearing it. Hear- toward progress, by its very definition, member of the Senate Foreign Rela- ing their experiences, carrying their has no endpoint. tions Subcommittee on East Asia and lessons with us into the policy arena, These values underpin the broader the Pacific, I have worked hard to stay and considering their needs and fears Jewish community in Maryland and mindful of the needs and concerns of as our own, these are the substantive across the country. We learned early in the AAPI community. I have learned ways by which we can truly honor our own history that the tide of oppres- that, while we have come a very long Asian American and Pacific Islander sion and bigotry can rise quickly and way over the past 75 years, the AAPI Heritage. I am committed to honoring that, when it floods one shore, it floods them all. We learned that, when it community still battles nativism that it accordingly and join every American comes for one community, it spares portrays its members as something of Asian or Pacific Islander heritage in none. We learned that we must be our other than ‘‘real’’ Americans. They celebrating this month as their own. own stewards—that pluralism and still bear the burden and pain of dis- f crimination, and they still struggle to equality demand constant guardians have their voice and their perspective JEWISH AMERICAN HERITAGE and that, when prejudice threatens heard during the great debates of our MONTH them, nothing but our own tenacity time. Mr. CARDIN. Mr. President, today I can fend it off. The changes Republicans are seeking wish to recognize and celebrate Jewish That tenacity is needed now more on healthcare, for example, would have American Heritage Month. As a proud than ever, as we are confronted by re- surgent anti-Semitism in every corner far-reaching consequences for the AAPI Jewish American, I am honored to have of the world—even here, at home. In community. Asian Americans and Pa- the opportunity to acknowledge our the past few months, we have wit- cific Islanders have one of the highest heritage and the ways by which it has nessed hate speech targeted at the Jew- incidences of Hepatitis A. In fact, in helped shape this country. The list is a ish community on social media, the os- 2013, they had the highest Hepatitis A long one, but this year, I want to focus tracism and vilification of Jewish stu- rates out of any ethnic group in the on Mendes Cohen, whose legacy serves dents on college campuses, and attacks country. In 2015, tuberculosis was 30 as a microcosm of our community. against Jewish businesses and syna- times more common among Asian Mendes Cohen was born in Richmond, gogues; yet it is precisely because the Americans than among any other VA, in May of 1796 to Israel and Judith Jewish community has endured genera- Solomon Cohen, both of whom were im- group. Both Hepatitis A and tuber- tions of persecution that promoting migrants. Mendes’s father came from culosis would be considered preexisting tolerance, equality, and inclusion has Germany, and his mother came from conditions—conditions that would have become a central tenant of Jewish England. His father died when Mendes made many Asian American and Pa- American culture. cific Islanders uninsurable before was just 12 years old. The event was a Jewish Americans participated in the President Obama signed the Affordable tragedy, of course, for Mendes, his six abolitionist movement in the 19th cen- Care Act into law and conditions that siblings, and his mother, who moved tury. They joined the ranks of the Stu- would result in sky-high premiums the family to Baltimore for a fresh dent Nonviolent Coordinating Com- under the misguided American Health start shortly thereafter. mittee during the Civil Rights move- Care Act. Mendes grew up not far from where I ment. The partnership between Julius By comparison, the Affordable Care grew up; he was raised not unlike I was Rosenwald and Booker T. Washington Act has reduced the uninsured rate for raised. He believed in the value of pub- resulted in the construction of thou- minority communities by at least 35 lic service. He believed in serving his sands of schools for African-American percent. It also expanded Medicaid, al- country and working for the good of children in the South throughout the lowing over 250,000 more Maryland his community. He held fast to an ide- 20th Century. beneficiaries to access an array of men- ology based on tolerance, equality, and Jewish Americans are proud of their tal health services like therapy, psy- fraternity. It was precisely this ide- history promoting such causes. They chiatric rehabilitation, and many oth- ology that led him to fighting in the are proud of their faith and their herit- ers. The Affordable Care Act’s Med- War of 1812 at Ft. McHenry. After the age, but they are also proud to profess icaid expansion had similar positive war, he and his brother Jacob began their support of other people’s faiths impacts for mental health services lobbying to change Maryland’s con- and heritage. They are proud to be across the country, which affects Asian stitution so that Jews could run for guardians of a free and pluralistic soci- Americans and Pacific Islanders di- public office. In 1826, he was successful, ety; they are proud to weave love out rectly as they continue to work tire- and by 1847, he was a delegate in the of millennia of knowing hate. That is lessly to reduce suicide rates. For these Maryland General Assembly. He car- the story of Jewish Americans. From reasons, when we think of healthcare, ried his love of country and belief in Mendes Cohen to the American Jewish we must consider the human cost our public service with him throughout the community’s defense of diversity and policies inflict on every community— remainder of his life, going on to serve inclusion today, every chapter we on every American. as a delegate to the State Peace Con- write, though unique, shares the same Likewise, immigration bans based on vention during the Civil War. theme: progress—progress and equal- country of origin, race, or religion are Mendes was, simply put, a historic ity. awakening newfound fear that minor- marvel. He was a forward thinker, an Jewish Americans have, therefore, ity communities will be targeted once activist, a consummate public servant, helped make the United States the more, that racial profiling will rear its and a proud Jew. He broke down the force for human and equal rights that ugly head again, licensed and sanc- single greatest barrier to Jewish entry it is today, but each day, we face chal- tioned by the Federal Government. The into public life and opened the door for lenges to those ideals, challenges that

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.043 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3206 CONGRESSIONAL RECORD — SENATE May 25, 2017 have felt increasingly ominous in re- HONORING TROOPER THOMAS Tarentino was the coworker everyone cent months; yet this country will re- CLARDY loved. His passion for his work was eas- main a beacon for the oppressed and Ms. WARREN. Mr. President, I would ily apparent to anyone who knew him. the downtrodden. That beacon will like to take the opportunity to honor He came into work with a smile and stay lit due, in no small part, to the the memory of Trooper Thomas Clardy, made friends with all of his colleagues. continued activism and conviction of who was killed in the line of duty on Outside of work, he enjoyed fishing, the Jewish American community. This March 16, 2016. hunting, and archery and was a mem- month, we thank them for that service, Last week, the country observed Na- ber of the Massachusetts Police Asso- as we remind ourselves that our work tional Police Week, a week in honor of ciation, the Auburn Elks, and Mus- goes on. the brave law enforcement officers who tangs or Massachusetts. lost their lives in the line of duty, and Most of all, Officer Tarentino was a f on Monday, we will observe Memorial loving husband and a father of three. Day, a day we honor the heroic men Today we honor his service and sac- rifice. May his memory continue to NATIONAL POLICE WEEK and women who paid the ultimate sac- rifice in service to their country. challenge and inspire us. Mr. PETERS. Mr. President, today I Thomas Clardy, an officer and a vet- f wish to honor our brave men and eran, is one of those brave people to RECOGNIZING THE 555TH PARA- women in law enforcement. During Na- whom our Nation owes a debt of grati- CHUTE INFANTRY BATTALION tional Police Week, we commemorate tude. Mr. WYDEN. Mr. President, I would the conviction and compassion they Born and raised in Park City, UT, like to take a few minutes today and bring to their jobs every day, as well as Trooper Clardy spent his adult life in share with my colleagues an extraor- the difficult choices and the sacrifices service to his country, his community, dinary piece of our country’s World they make. From members of local po- and his family. After graduating from War II and civil rights history: the lice departments, to rapid transit offi- high school, Trooper Clardy spent 2 story of the 555th Parachute Infantry cers, to court bailiffs, public safety of- years in the U.S. Army before transfer- Battalion—or the Triple Nickles, as ficers risk their lives to keep our fami- ring to the U.S. Marine Corps, where he they would come to be called. lies and communities safe. That is a served 11 years. The 555th was officially activated in fact that we can never forget and a re- Following his honorable discharge December 1943 at Fort Benning, GA, ality that confronts public safety offi- from the Marines, Trooper Clardy and began as a company of Black offi- cers and their families every day. This began a long and esteemed career in cers and enlisted men. Seventeen sol- is a time to reflect on what law en- service to his community. He grad- diers graduated Army jump school the forcement officers do for our commu- uated from the Massachusetts State following February, earning a coveted nities, to thank those who serve us, Trooper Academy in 2005 and was a val- Parachutist Badge—their ‘‘wings.’’ The and to pay special recognition to those ued member of the Massachusetts Army transferred the unit after several who have lost their lives in the line of State Police until his untimely death. months to Camp Mackall, NC, and, in duty. Trooper Clardy was a dedicated and November 1944, redesignated it Com- It is in that spirit, and with a heavy loving husband to his wife, Reisa, and pany A of the newly activated 555th father to his seven children. Thanks- heart, that I rise to honor seven Michi- Parachute Infantry Battalion. giving was a sacred holiday for Trooper gan law enforcement officers who were Although the 555th did not serve Clardy. He spent it, without fail, sur- killed in the line of duty in 2016. These overseas during World War II, it per- rounded by friends and loved ones, en- men gave everything to their commu- formed an important role in defending joying football with the kids and nities, their families, the State of the American homeland. In 1944 and spending quality time with the family Michigan, and their country. Across 1945, the Japanese launched roughly he loved so much. Michigan, our hearts have been shat- 9,000 ‘‘balloon bombs,’’ explosives at- Today we honor his service and sac- tered by their deaths, and our grief and tached to paper balloons that rode the rifice. May his memory continue to gratitude go out to their families. Let jetstream current across the Pacific challenge and inspire us. us take one moment to honor their Ocean and over the contiguous United lifetimes of service: Myron Jarrett, Po- f States. One of these balloon bombs exploded lice Officer, Detroit Police Depart- HONORING OFFICER RONALD in Oregon, killing a pregnant woman ment; Ronald Kienzle, Court Officer, TARENTINO Berrien County Trial Court; Kevin Mil- and five children in what historians re- ler, Sergeant, Detroit Police Depart- Ms. WARREN. Mr. President, I would gard as the only American World War ment; Collin Rose, Wayne State Uni- like to take the opportunity to honor II combat causalities to occur in the versity Police Department; Kenneth the memory of Officer Ronald contiguous United States. Steil, Sergeant, Detroit Police Depart- Tarentino, who was killed in the line of The members of the 555th boarded a ment; Michael Winter, Posse Deputy, duty on May 22, 2016. train westward to Oregon on a secret Branch County Sheriff’s Office; and Jo- Last week, the country observed Na- mission to help defend Americans liv- tional Police Week, a week in honor of seph Zangaro, Security Supervisor, ing in the Pacific Northwest and the the brave law enforcement officers who Berrien County Trial Court. natural timber resources deemed vital paid the ultimate sacrifice in service to to the war effort. The deaths of these officers were only their community. Officer Ronald The incident in Oregon was one of some of the devastating tragedies that Tarentino was one of those brave offi- more than 275 documented balloon have shaken communities in Michigan cers. bomb related incidents as far east as and across this country. In these dif- Officer Tarentino was born in Med- Detroit, MI, south into Texas, and ficult times, we must always acknowl- ford and raised in Medford and north into Canada and Alaska. edge each other’s sacrifices, walk in Tewksbury, MA. The son of a police of- Japanese balloon bombs, of course, one another’s shoes, and feel the com- ficer, he followed his father’s example had the potential not only to wound or passion in each other’s hearts. This is when he joined the police force, spend- kill but also to set forests ablaze in the what our law enforcement officers ing 7 years in the Leicester Police De- western United States. Putting those strive to do for us, and what we can do partment before transferring to the fires out and dealing with their after- for them. During National Police Week Auburn Police Department, where he math could divert the Nation’s focus and every day, we must continue to served until his untimely death 2 years on the war effort and dampen Amer- support our law enforcement officers, later. ican morale. and we must work to ensure that they I had the honor of attending the The Triple Nickles arrived in Oregon and their communities have the re- wake of Officer Tarentino and was in 1945 and were sent out to Pendleton sources they need to live safely and moved by the stories of his selfless Air Field, then still an active military serve the highest ideals of this Nation. dedication to those around him. Officer base. They were assigned to work with

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.045 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3207 the U.S. Forest Service and received paign resulted in 1,481 casualties, 640 CSN, a grassroots human rights organi- specialized training as smokejumpers missing, and 3,416 wounded, but per- zation based in Madison, WI. Cecilia’s and on the handling of unexploded bal- haps what is even less known, is the work with CSN was her pride and joy. loon bombs. impact this conflict had on the Aleut— As CSN program director, Cecilia As part of Operation Firefly, the Unangan/Unangas—peoples of Alaska. worked tirelessly to connect Ameri- 555th made some 1,200 jumps and In the months of June and July of cans to Colombian communities af- fought more than 35 fires in Oregon, 1942, Aleut communities were damaged, fected by the war. She was inspired to Washington, and other western States homes and personal possessions rum- help establish new chapters of CSN in between July and October 1945. maged through or destroyed by Allied locations ranging from the University Smokejumping is no easy feat; it is forces, and more than 881 Aleut civilian of Wisconsin-Madison to central New dirty, sweaty, and dangerous work, but residents of the Pribilof Islands and the York, connecting these communities because of the 555th’s dedication and Aleutian Islands west of Unimak Island through a ‘‘sister cities’’ program to professionalism, the unit only ever sus- were relocated to temporary camps in rural Colombian communities facing tained one fatality: Malvin Brown trag- Southeast Alaska. Forty-two residents violence during the Colombian civil ically fell to his death in the Umpqua of Attu were taken to Japan in Sep- war. National Forest about 45 miles north- tember 1943, where they spent the rest She led over 50 delegations of citi- west of Crater Lake. His death is re- of the war as prisoners, and nearly half zens, journalists, and public officials to garded as the first smokejumper death of them died, mainly of hunger and Colombia so they could fully under- in U.S. history. malnutrition. stand the effect of the civil war. After Make no mistake about it, Malvin The campaign ultimately ended in an working with Cecilia and CSN to estab- Brown and the other soldiers of the Allied victory with the Japanese with- lish a sister community relationship 555th Parachute Infantry Battalion are drawal from the Aleutians in 1943, but between Dane County, WI and San Jose´ heroes. They were the first Black para- the effects are still felt by those com- de Apartado´ , Colombia, I had the honor troopers ever to serve in the U.S. Mili- munities and peoples who were im- to accompany her on one of those dele- tary, which they did with honor and pacted. gations in 1993. distinction. They are also the only Today, before the Senate, I would In addition to her public service military unit in history to work as like to take a moment to honor the through CSN, Cecilia was a member of smokejumpers. sacrifices of our servicemembers, in- the national board of directors of the The soldiers of the 555th faced painful cluding the 25 Aleut who joined the Women’s International League for discrimination and blatant racism on a Armed Forces and the three who par- Peace and Freedom. She was also a daily basis. They were barred from the ticipated in the U.S. invasion to recap- member of the Latin American Sub- store on base while at Fort Benning, ture Attu and later received Bronze committee of the American Friends GA, even though German and Italian Stars for their valor. I want to also Service Committee—Quakers—served prisoners were allow to enter. Even honor the civilians, the Aleut evacuees, on the board of directors of the Wis- after the Triple Nickles arrived in Or- and Attuan prisoners of war whose consin Network for Peace and Justice, egon, they found most restaurants and communities, culture, languages, and and, in October of 2015, received the bars would not serve them. lives were forever affected. Global Citizen of the Year Award from The Army sent the 555th to Fort From June 2 to 4, 2017, a memorial the Madison Chapter of the United Na- Bragg, NC, following the Japanese sur- ceremony will take place in Alaska to tions Association. render and, in December 1947, inte- honor and acknowledge the evacuees, Regardless of the cause or project, grated the unit into the famed 82nd their descendants, and veterans of this Cecilia approached everything with un- Airborne Division—making the 82nd ‘‘Forgotten Battle,’’ both living and de- paralleled strength, courage, and a the Army’s first racially integrated di- ceased. sense of selflessness. She approached vision. f her battle with cancer with the same On June 3, 2017, the State of Oregon attitude. Over the last 4 years, while REMEMBERING CECILIA ZARATE- will commemorate the 555th Parachute Cecilia fought against her disease, she LAUN Infantry Battalion’s remarkable his- continued to fight for others. Her tory and important contributions to Ms. BALDWIN. Mr. President, today strength was truly amazing. the country with the installation of an I wish to honor the life and legacy of While Cecilia is greatly missed by Oregon State historic marker at the Cecilia Zarate-Laun. Her passing her family, friends, and community, Smokejumper Museum in Cave Junc- leaves Wisconsin without one of its she leaves behind a legacy for future tion. greatest advocates for justice and leaders to emulate. She will always be It is my true honor to share their peace, and I am proud to pay tribute to remembered for her courageous effort story today with my colleagues and to this extraordinary woman. to fight for those who could not fight express my profound gratitude to all Cecilia was born in Santander Prov- for themselves. the Triple Nickles for their service. ince of Colombia. She was the oldest of Cecilia had an incredibly big heart f five sisters and attended school in and an unwavering commitment to Bucaramanga and at the National Uni- others. I am fortunate to have been 75th ANNIVERSARY OF ALEUTIAN versity of Colombia. Following the able to call her my friend. ISLANDS CAMPAIGN AND ALEUT completion of her studies, she took a f EVACUATION position as a professor of nutrition, a Mr. SULLIVAN. Mr. President, as we job that led to her arrival in Madison, TRIBUTE TO MICHAEL H. BENNETT approach Memorial Day, we remember WI for graduate school. Mr. WYDEN. Mr. President, today I the men and women who sacrificed Cecilia received a scholarship to at- wish to pay tribute to Judge Michael their lives in devotion to the causes of tend the University of Wisconsin-Madi- H. Bennett. Judge Bennett will be re- liberty, freedom, and democracy. As son for her master’s degree. While tiring in May 2017 after serving 28 such, I would like to take the oppor- studying in Madison, Cecilia met her years as an immigration judge. tunity to speak about one event in our beloved husband, Jack. After comple- Former Oregon Governor Tom Nation’s history that had a profound tion of graduate school, Cecilia re- McCall once said, ‘‘Heroes are not impact on my great State of Alaska. turned to Colombia, working as a nu- giant statues framed against a red sky. June 3 marks the 75th anniversary of tritionist for the Colombian Govern- They are people who say, ‘This is my the Aleutian Islands Campaign of the ment’s National Nutrition Plan. In community, and it is my responsibility Second World War. 1976, she married John ‘‘Jack’’ Laun to make it better.’’’ Judge Bennett This ‘‘Forgotten Battle’’ began with and the following year returned to the truly is a hero, for he has devoted the bombing of Dutch Harbor and sub- United States. much of his life to making the United sequent invasions of Adak, Kiska, and In 1987, extended civil war in Colom- States and his community better. Attu, AK by the navy of Imperial bia inspired Cecilia and Jack to Judge MICHAEL BENNETt began his Japan. For the Allied forces, this cam- cofound the Colombia Support Network career as a general attorney for the

VerDate Sep 11 2014 05:57 May 26, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.047 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3208 CONGRESSIONAL RECORD — SENATE May 25, 2017 legacy Immigration and Naturalization nities throughout the State under the two major equipment companies were Service in El Centro, CA. He also guidance of MDA members. I visited united under one company. In 1999, worked as an Assistant Attorney Gen- the Portland UNE clinic and was de- Case IH merged with New Holland Ag eral and Assistant Public Defender for lighted to learn of the plans of many to form a parent company, CNH Global, the Government of American Samoa. students to practice in Maine where although equipment was still produced Judge Bennett was appointed as an im- their services are very much needed. under the Case IH name. Since the migration judge in El Centro, CA, in From preventing and treating oral merger, Case has remained at the fore- 1989. health problems to educating parents front of the farming industry, seeking In Oregon, we were fortunate to have and caregivers, MDA members also new ways to adapt to the changing Judge Bennett assigned to our immi- play an essential role in the health, trends. In 2010, Case IH created the gration court in 1998. During his ten- safety, and well-being of Maine chil- world’s first tractor to meet the tier 4 ure, Judge Bennett has served as an dren. emissions requirements of the Environ- impartial adjudicator who is known for Throughout our State, members of mental Protection Agency. Case IH Ag- his fair and compassionate decisions. the Maine Dental Association provide riculture and Farm Equipment cur- He has gained the respect of his col- vital healthcare with expertise, com- rently works with more than 4,900 deal- leagues, fellow attorneys, and the pub- mitment, and compassion. It is a pleas- ers and distributes products in more lic for his intricate knowledge of immi- ure to congratulate the MDA for 150 than 160 countries. gration law. Further, Judge Bennett years of accomplishments and con- As one of Wisconsin’s founding manu- has created a positive work environ- tributions benefiting the people of facturers, Case has been a major con- ment in the Portland immigration Maine. tributor to Wisconsin’s farming legacy. Over the past 175 years, this proud court that is commendable and should f be recognized. company has provided jobs for count- Judge Bennett comes from a long 175TH ANNIVERSARY OF CASE IH less Wisconsin families and economic line of public servants, including his AGRICULTURE AND FARM EQUIP- growth for the State I am so proud to grandparents and parents. His grand- MENT represent. father served in the U.S. Navy and Ms. BALDWIN. Mr. President, today I offer my sincere congratulations to fought in WWII. Judge Bennett’s father I wish to celebrate the 175th anniver- Case leadership and workers as they also served in the U.S. Navy and even- sary of Case IH Agriculture and Farm celebrate 175 years of business, and I tually earned his Ph.D. and became a Equipment and to recognize its out- wish them the very best for many more teacher. Judge Bennett and his wife, standing commitment and contribution years of success in Racine and around Sivai, have continued to dedicate to Wisconsin’s economy. the world. themselves to making Oregon a better Mr. Jerome Increase Case, born in f place through their public service. 1819 in western New York, was well ac- ADDITIONAL STATEMENTS It is an honor to recognize Judge Mi- quainted with agricultural equipment chael H. Bennett for his service to the even as a young man. Case provided United States, to Oregon, and to his threshing services to local farms and TRIBUTE TO HARRY SIMMONS, JR. community. realized at the young age of 16 that ∑ Mr. COCHRAN. Mr. President, I am f farming techniques needed improve- pleased to commend Harry Simmons, ment after witnessing a demonstration 150TH ANNIVERSARY OF THE Jr., of Yazoo City, MS, for his service of an early threshing machine that and contributions to the State of Mis- MAINE DENTAL ASSOCIATION could thresh more in one hour than a sissippi while serving as the 81st presi- Ms. COLLINS. Mr. President, the man could all day. After settling in dent of the Delta Council. Maine Dental Association was incor- Wisconsin in the early 1840s, Case build Since its founding in 1935, Delta porated in 1867 with 22 members. Today his first thresher-separator in Roch- Council has grown to be a widely re- I wish to recognize the MDA and its ester, WI, but when the town refused to spected economic development organi- more than 700 members for 150 years of let Case draw electricity from the local zation representing the business, pro- dedication to their profession and to mill, Case loaded his invention into a fessional, and agricultural interests of the people of our State. wagon and headed to Racine, WI. the Mississippi Delta region. I am The remarkable advancements in The J.I. Case Threshing Machine grateful to Delta Council for its contin- dentistry over the years were accom- Company was founded in 1842 at a time uous role in meeting the economic and panied by a greater understanding of when Racine’s tallest building was the quality of life challenges in this unique the link between oral health and over- local grain elevator. By 1848, the com- part of our country. all health. As doctors who specialize in pany was Racine’s largest employer. As Harry Simmons’s tenure as council oral medicine, the dentists of the MDA a true pioneer in the field of agricul- president began in May 2016. In leading are a central part of Maine’s tural equipment, J.I. Case manufac- the council, he has been a notably healthcare sector. Expanding access to tured the first steam engine tractor in strong advocate for Federal flood con- healthcare, including oral healthcare, 1869. The Old No. 1 is still on display at trol, farm support, and infrastructure is among the most important issues the Smithsonian Institution. Although improvements in the Delta region. facing our society. Maine is a large, it was mounted on wheels, it was still A Yazoo County native, Mr. Simmons rural State with a strong network of drawn by horses. The first self-pro- graduated from Yazoo City High dental clinics supported by MDA mem- pelled steam engine followed in 1876. School and earned an agricultural eco- bers. In addition, the MDA sponsors the Case machines were first transported nomics degree from Mississippi State Donated Dental Services Program that beyond U.S. borders in 1871 and won University. He has had a strong career provides free comprehensive care to first prize at the Paris Exposition. By as a catfish and row-crop producer. Mr. our disabled, aged, and medically com- 1886, Case became the largest producer Simmons, with his daughter Katy and promised citizens in need. of steam engines in the world. son-in-law Andy Prosser, jointly man- Access to oral healthcare in Maine During World War II, the company’s age both his farm operation and highly took a major step forward on May 20, plants manufactured aircraft wings, successful catfish processing operation, 2017, when the University of New Eng- aircraft towing tractors, artillery Simmons Farm Raised Catfish. His land College of Dental Medicine held a shells, and doors for the Sherman tank. processing facility employs more than commencement ceremony for its first In fact, the company’s 1942 centennial 200 people in Yazoo County, and his graduating class. The MDA has been a was celebrated 7 years late because of farming operation consists of catfish, strong supporter of this first dental the war. corn, soybeans, and cotton production. college in northern New England since In 1985, Case IH became the Nation’s In addition to his leadership in Delta the college was founded in 2013, and second-largest farm equipment manu- Council, Mr. Simmons has served as many of the 62 graduates who earned facturer after J.I. Case purchased the chairman of the Catfish Institute, doctor of dental medicine degrees per- agricultural division of International president of Catfish Farmers of Amer- formed clinical rotations in commu- Harvest and the business legacies of ica, and on the boards of both the

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MY6.048 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3209 Yazoo Planters Cotton Gin and Yazoo an inspiration for East Las Vegas and hard work he has done for me, my County Development Foundations. He the greater Nevada community. staff, and the State of South Dakota. also served our State and Nation as a I ask my colleagues to join me in rec- Joseph is a graduate of South Dakota commissioned officer in the Mississippi ognizing Jerome D. Mack Middle State University in Brookings, SD, National Guard. School for their hard work, innovative having earned a degree in journalism. I am pleased to join the people approaches to education, and their ef- Currently, he is attending the George- throughout my State in commending forts to improve educational outcomes town University McCourt School of Harry Simmons, Jr., and sharing our for students in East Las Vegas.∑ Public Policy, where he is pursuing his appreciation with his wife, Shirley, and f master’s in public policy. Joseph is a their children, Emily and Katy, and dedicated worker who has been com- grandson, Miller, as the 82nd annual TRIBUTE TO WILLIAM ‘‘BILL’’ mitted to getting the most out of his meeting of the Delta Council member- AUSMUS experience. ship convenes in June.∑ ∑ Mr. DAINES. Mr. President, this I extend my sincere thanks and ap- f week, I have the distinct honor of rec- preciation to Joseph Schartz for all of the fine work he has done and wish him RECONIZING JEROME D. MACK ognizing William ‘‘Bill’’ Ausmus of continued success in the years to MIDDLE SCHOOL Hardin, a World War II Army veteran who celebrated his 100th birthday ear- come.∑ ∑ Ms. CORTEZ MASTO. Mr. President, lier this month. Bill has been involved f today I am honored to congratulate the with a variety of community organiza- Jerome D. Mack Middle School, in Las MESSAGES FROM THE PRESIDENT tions in Big Horn County for many Vegas, NV, for earning the School In- years, helping countless Montanans Messages from the President of the novation and Change Award, SICA. On along the way. His accomplishments United States were communicated to June 1, 2017, a representative of the Na- are something we can all celebrate. the Senate by Ms. Ridgway, one of his tional Principals Leadership Institute After his World War II military serv- secretaries. will join with Mack Middle School to ice concluded, Bill spent almost seven f recognize this achievement formally to decades serving in his local American a gathering of 700 parents, students, EXECUTIVE MESSAGES REFERRED Legion Post 8 and remained in an ac- and teachers. In executive session the Presiding Of- tive capacity with the post into his This award recognizes Mack Middle ficer laid before the Senate messages nineties. His professional vocation was School’s principals, teachers, staff, and from the President of the United serving as the Big Horn County sur- students for their efforts to embrace States submitting sundry nominations veyor and, for a time, the assessor. new and innovative strategies for edu- and a withdrawal which were referred These vital positions afforded him the cational improvement. To win this to the appropriate committees. opportunity to interact with and pro- award, Mack Middle School submitted (The messages received today are vide useful help to many in his local a competitive application to the Na- printed at the end of the Senate community. Bill developed a reputa- tional Principal Leadership Institute proceedings.) tion for accuracy and customer service that included a school profile, a school in his professional work. He was also f changes story, documents supporting integral in the formation of his local MESSAGES FROM THE HOUSE those changes, a reflection of innova- Methodist Church and is known for his tion, a sustainability plan for how a At 10:34 a.m., a message from the volunteerism and generous donations $10,000 award would be used, and a de- House of Representatives, delivered by to community projects and causes. scription of community building. Mrs. Cole, one of its reading clerks, an- Earning this award is no easy feat. In The longevity of his many endeavors nounced that the House has passed the its improvement efforts, Mack Middle and willingness to help others along following bills, in which it requests the School has seen many upgrades in the way serves as an inspiration to us concurrence of the Senate: all. When looking back through the technology and pedagogy that mark H.R. 467. An act to direct the Secretary of demonstrable change. Every student history of Big Horn County during the Veterans Affairs to ensure that each medical now receives a laptop computer, and all past century, it is clear that Bill has facility of the Department of Veterans Af- assignments are completed on a virtual been key contributor. Congratulations, fairs complies with requirements relating to classroom portal. Students are taught Bill, on your recent 100th birthday, and scheduling veterans for health care appoint- thank you for your service.∑ ments, to improve the uniform application of to critically self-assess their own abili- directives of the Department, and for other ties and have learned to improve their f purposes. skills to new levels of mastery. Their TRIBUTE TO CLAIRE ALISON H.R. 624. An act to restrict the inclusion of principal is a nationally board certified social security account numbers on Federal teacher and a nationally accredited ∑ Mr. THUNE. Mr. President, today I documents sent by mail, and for other pur- principal mentor. Ten of their teachers recognize Claire Alison, an intern in poses. attend national board certification my Washington, DC, office for all of H.R. 953. An act to amend the Federal In- classes, and approximately 390 of their the hard work she has done for me, my secticide, Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act students will earn high school credits staff, and the State of South Dakota. Claire is a graduate of El Camino to clarify Congressional intent regarding the this year. All this to say Mack Middle regulation of the use of pesticides in or near School is more than deserving of this Real Charter High School in Los Ange- navigable waters, and for other purposes. award. les, CA. Currently, she is attending H.R. 1293. An act to amend title 5, United Moreover, these changes have posi- California State University, States Code, to require that the Office of tively affected the campus dynamic as Northridge, where she is majoring in Personnel Management submit an annual re- teachers are excited about their work history. Claire is a dedicated worker port to Congress relating to the use of offi- and students take charge of their edu- who has been committed to getting the cial time by Federal employees. H.R. 2052. An act to amend the Uniform cation plans. More community center most out of her experience. I extend my sincere thanks and ap- Code of Military Justice to prohibit the than a school, Mack Middle School has wrongful broadcast or distribution of inti- become a hub where parents and stu- preciation to Claire Alison for all of mate visual images. the fine work she has done and wish dents alike partake in use of the The message further announced that her continued success in the years to school’s athletic fields and even the the House has agreed to the following come.∑ school’s Wi-Fi signal. In an area that is concurrent resolution, without amend- too often marred by high crime and f ment: poverty, the school stands as a beacon TRIBUTE TO JOSEPH SCHARTZ S. Con. Res. 14. Concurrent resolution au- of what is possible when teachers are thorizing the use of Emancipation Hall in engaged in their community and where ∑ Mr. THUNE. Mr. President, today I the Capitol Visitor Center for an event to parents take an active role in their recognize Joseph Schartz, an intern in celebrate the birthday of King Kamehameha students’ lives. Mack Middle School is my Washington, DC office for all of the I.

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ENROLLED BILL SIGNED S. 692. A bill to provide for integrated plan Texans for Senator Cornyn Inc., 11/21/2013, permits, to establish an Office of the Munic- $2,500.00. At 11:58 a.m., a message from the ipal Ombudsman, to promote green infra- Daugaard for South Dakota, 11/21/2013, House of Representatives, delivered by structure, and to require the revision of fi- $1,500.00. Mr. Novotny, one of its reading clerks, nancial capability guidance (Rept. No. 115– Tisei Congressional Committee, 12/9/2013, announced that the Speaker has signed 87). $1,000.00. the following enrolled bill: By Mr. CORKER, from the Committee on Hampstead Town Republican Committee, H.R. 375. An act to designate the Federal Foreign Relations, without amendment and 12/9/2013, $500.00. building and United States courthouse lo- with a preamble: Pat Roberts for US Senate Inc, 1/8/2014, cated at 719 Church Street in Nashville, Ten- S. Res. 176. A resolution commemorating $2,500.00. Massachusetts Citizens for Jobs, 1/8/2014, nessee, as the ‘‘Fred D. Thompson Federal the 50th anniversary of the reunification of $5,000.00. Building and United States Courthouse’’. Jerusalem. By Mr. CORKER, from the Committee on New Hampshire Republican State Com- The enrolled bill was subsequently Foreign Relations, with an amendment in mittee, 2/24/2014, $5,000.00. signed by the President pro tempore the nature of a substitute: Collins for Senator, 3/11/2014, $2,500.00. (Mr. HATCH). S. 722. A bill to impose sanctions with re- Friends of Frank Guinta, 3/11/2014, $4,000.00. Friends of John McCain Inc, 3/11/2014, ENROLLED BILL SIGNED spect to Iran in relation to Iran’s ballistic $5,000.00. The President pro tempore (Mr. missile program, support for acts of inter- national terrorism, and violations of human Friends of John Thune, 3/11/2014, $5,000.00. HATCH) announced that on May 24, 2017, rights, and for other purposes. Friends of Kelly Ayotte, 3/11/2014, $5,000.00. he had signed the following enrolled Committee To Elect House Republicans, 3/ bill, which was previously signed by f 11/2014, $1,000.00. the Speaker of the House: EXECUTIVE REPORTS OF New Hampshire Republican State Com- mittee, 3/11/2014, $5,000.00. H.R. 366. An act to amend the Homeland COMMITTEE Senate Republican Majority PAC, 3/11/2014, Security Act of 2002 to direct the Under Sec- The following executive reports of $5,000.00. retary for Management of the Department of nominations were submitted: Belknap County Republican Committee, 3/ Homeland Security to make certain im- By Mr. CORKER for the Committee on 13/2014, $1,000.00. provements in managing the Department’s Carroll County NH Republican Committee, vehicle fleet, and for other purposes. Foreign Relations. *Scott P. Brown, of New Hampshire, to be 3/13/2014, $1,000.00. f Ambassador Extraordinary and Pleni- Cheshire County Republican Party, 3/13/ MEASURES REFERRED potentiary of the United States of America 2014, $1,000.00. to New Zealand, and to serve concurrently Committee To Elect House Republicans, 3/ The following bills were read the first and without additional compensation as Am- 13/2014, $4,000.00. and the second times by unanimous bassador Extraordinary and Plenipotentiary Concord Republican City Committee, 3/13/ consent, and referred as indicated: of the United States of America to the Inde- 2014, $1,000.00. Coos County Republican Committee, 3/13/ H.R. 467. An act to direct the Secretary of pendent State of Samoa. 2014, $1,000.00. Veterans Affairs to ensure that each medical Nominee: Scott Philip Brown. Derry Republican Committee, 3/13/2014, facility of the Department of Veterans Af- Post: Ambassador New Zealand and the Independent State of Samoa. $1,000.00. fairs complies with requirements relating to Grafton County Republican Committee of scheduling veterans for health care appoint- Nominate: April 25, 2017. (The following is a list of all members of New Hampshire, 3/13/2014, $1,000.00. ments, to improve the uniform application of Hillsborough County Republican Com- directives of the Department, and for other my immediate family and their spouses. I have asked each of these persons to inform mittee, 3/13/2014, $1,000.00. purposes; to the Committee on Veterans’ Af- Manchester Republican Committee, 3/13/ me of the pertinent contributions made by fairs. 2014, $1,000.00. them. To the best of my knowledge, the in- H.R. 953. An act to amend the Federal In- Merrimack Republican Committee, 3/13/ formation contained in this report is com- secticide, Fungicide, and Rodenticide Act 2014, $1,000.00. plete and accurate.) and the Federal Water Pollution Control Act Nashua Republican City Committee, 3/13/ Contributions, amount, date, and donee: to clarify Congressional intent regarding the 2014, $1,000.00. 1. Self: $250, 6/23/14, McFadden for Senate; regulation of the use of pesticides in or near Rockingham County Republican Com- $250, 8/27/15, Friends of Kelly Ayotte Com- navigable waters, and for other purposes; to mittee, 3/13/2014, $1,000.00. the Committee on Environment and Public mittee. Strafford County Republican Committee, 3/ Contributions as Chairman of the Peoples Works. 13/2014, $1,000.00. H.R. 1293. An act to amend title 5, United Seat PAC, Fiscal Responsibility PAC Con- Sullivan County Republican Committee, 3/ States Code, to require that the Office of verted to SCOTT PAC (attached hereto as 13/2014, $1,000.00. Personnel Management submit an annual re- Attachment ‘‘1’’ Incorporated herein as At- New Hampshire for Scott Brown, 3/26/2014, port to Congress relating to the use of offi- tachment ‘‘1’’) $5,000.00. cial time by Federal employees; to the Com- 2. Spouse: Gail M. Brown, None. New Hampshire for Scott Brown, 3/26/2014, mittee on Homeland Security and Govern- 3. Children and Spouses: Ayla M. Brown, $5,000.00. mental Affairs. none; Arianna S. Brown-Hendry, none. Merrimack County Republican Committee, H.R. 2052. An act to amend the Uniform 4. Parents: Judith A. Brown, none; C. Bruce 3/26/2014, $1,000.00. Code of Military Justice to prohibit the Brown—Deceased. Debicella for Congress, 4/22/2014, $1,000.00. wrongful broadcast or distribution of inti- 5. Grandparents: Bertha C. Rugg—De- Friends of Kelly Ayotte, 4/23/2014, $2,500.00. mate visual images; to the Committee on ceased; Philip N. Rugg—Deceased. Rockingham County Republican Com- Armed Services. 6. Brothers and Spouses: Bruce W. Brown— mittee, 5/5/2014, $1,000.00. estranged, no contact or information avail- f Grafton County GOP, 5/19/2014, $400.00. able. New Hampshire Sheriff’s Association, 6/9/ MEASURES PLACED ON THE 7. Sisters and Spouses: Lee Ann Riley, 2014, $500.00. CALENDAR none; Robyn. L. Brown, none. Bedford Republican Committee, 8/12/2014, 8. Attachment ‘‘1’’: All PAC’s including $210.00. The following bill was read the first Fiscal Responsibilty PAC, S. Brown, Chair— Hillsborough County Republican Com- and second times by unanimous con- Recipient name, Disburse date, amount: mittee, 9/5/2014, $200.00. sent, and placed on the calendar: Mike Sullivan for U.S. Senate Committee, Friends of Kelly Ayotte Inc., 4/27/2015, H.R. 624. An act to restrict the inclusion of 4/11/2013, $875.00. $2,500.00. social security account numbers on Federal Friends of John Thune, 5/10/2013, $500.00. Georgians for Isakson, 6/23/2015, $2,500.00. documents sent by mail and for other pur- Gabriel Gomez for Senate, 5/10/2013, Friends of John McCain, 6/25/2015, $2,000.00. poses. $1,000.00. Fiscal Responsibility PAC, 6/30/2015, Kirk for Senate, 5/10/2013, $1,000.00. $4,837.00. f New Hampshire Republican State Com- Kasich for America, 8/27/2015, $1,000.00. REPORTS OF COMMITTEES mittee, 10/24/2013, $5,000.00. NH Republican Party Federal, 8/31/2015, New Hampshire Republican State Com- $5,000.00. The following reports of committees mittee, 10/24/2013, $5,000.00. Ron Johnson for Senate, 8/31/2015, $2,500.00. were submitted: Scott County Republican Central, 11/11/ Jasper for NH Committee, 9/23/2015, By Mr. BARRASSO, from the Committee 2013, $500.00. $1,000.00. on Environment and Public Works, with an The Addivinola Committee, 11/20/2013, Carly for President, 9/25/2015, $1,000.00. amendment in the nature of a substitute: $1,000.00. Friends of Pat Toomey, 9/25/2015, $5,000.00. S. 512. A bill to modernize the regulation of Friends of Frank Guinta, 11/21/2013, Huckabee for President, Inc., 9/25/2015, nuclear energy (Rept. No. 115–86). $1,000.00. $1,000.00.

VerDate Sep 11 2014 01:56 Aug 22, 2017 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD17\MAY\S25MY7.REC S25MY7 May 25, 2017 CONGRESSIONAL RECORD — SENATE S3211 JEB 2016, Inc., 9/25/2015, $1,000.00. INTRODUCTION OF BILLS AND By Ms. COLLINS (for herself, Mr. Ted Gatsas for Mayor, 9/25/2015, $1,000.00. JOINT RESOLUTIONS CARDIN, Mr. SCHUMER, Mr. Portman for Senate Committee, 9/28/2015, BLUMENTHAL, Ms. KLOBUCHAR, Mr. $5,000.00. The following bills and joint resolu- ROUNDS, and Mr. MERKLEY): Chris Christie for President, Inc., 9/29/2015, tions were introduced, read the first S. 1238. A bill to amend the Internal Rev- $1,000.00. and second times by unanimous con- enue Code of 1986 to increase and make per- Pataki for President, Inc., 9/30/2015, sent, and referred as indicated: manent the exclusion for benefits provided $1,000.00. By Mr. HOEVEN (for himself and Mr. to volunteer firefighters and emergency Friends of Kelly Ayotte, Inc., 10/6/2015, WYDEN): medical responders; to the Committee on Fi- $2,500.00. S. 1229. A bill to amend the Internal Rev- nance. New Hampshire Republican Club, 10/21/2015, enue Code of 1986 to provide for Move Amer- By Ms. COLLINS (for herself, Mr. $500.00. ica bonds and Move America credits; to the CARDIN, and Mr. SCHUMER): August Wolf for Senate, 10/29/2015, $1,000.00. Committee on Finance. S. 1239. A bill to amend the Internal Rev- enue Code of 1986 to modify the rules applica- Marco Rubio for President, 11/5/2015, By Mr. BARRASSO (for himself, Mr. ble to length of service award plans; to the $1,000.00. FLAKE, Mr. CRAPO, Mr. ENZI, Mr. Committee on Finance. USA Triathalon Foundation, 11/5/2015, GARDNER, Mr. HATCH, Mr. HELLER, By Mrs. SHAHEEN (for herself, Mr. $1,500.00. Mr. MCCAIN, and Mr. RISCH): FRANKEN, Ms. WARREN, Ms. HASSAN, Kirk for Senate, 11/9/2015, $5,000.00. S. 1230. A bill to prohibit the conditioning Mr. WYDEN, and Mr. WARNER): Lindsey Graham 2016 Committee, 11/10/2015, of any permit, lease, or other use agreement on the transfer of any water right to the S. 1240. A bill to amend the Federal Power $1,000.00. United States by the Secretaries of the Inte- Act to establish an Office of Public Partici- Chris Sununu for NH Governor, 11/17/2015, rior and Agriculture, and for other purposes; pation and Consumer Advocacy; to the Com- $2,500.00. to the Committee on Energy and Natural Re- mittee on Energy and Natural Resources. Friends for Joe Heck, 11/23/2015, $5,000.00. sources. By Mr. GRASSLEY (for himself, Mrs. Murkowski Committee, 12/3/2015, $2,500.00. By Mr. WYDEN (for himself, Mr. FEINSTEIN, Mr. CORNYN, and Mr. Friends of Kelly Ayotte, Inc., 1/5/2016, MERKLEY, Mr. MARKEY, Mr. WHITE- WHITEHOUSE): $4,900.00. HOUSE, Mrs. GILLIBRAND, Mr. UDALL, S. 1241. A bill to improve the prohibitions Cruz for President, 1/11/2016, $1,000.00. Mrs. FEINSTEIN, Mr. FRANKEN, Ms. on money laundering, and for other purposes; Friends of Joe Kenney Comm., 3/1/2016, HARRIS, Mr. VAN HOLLEN, Ms. BALD- to the Committee on the Judiciary. $250.00. WIN, Mr. SANDERS, Mrs. MURRAY, Mr. By Mr. SANDERS (for himself, Mrs. McCain for Senate, 3/10/2016, $3,000.00. HEINRICH, Mr. CARPER, Mr. MURPHY, MURRAY, Mr. SCHUMER, Mr. DURBIN, Burr, Richard M, 4/12/2016, $1,000.00. Mr. COONS, Ms. WARREN, Mr. BOOKER, Ms. BALDWIN, Mr. BLUMENTHAL, Mr. Chris Sununu for NH Governor, 5/31/2016, and Mr. SCHATZ): BOOKER, Mr. BROWN, Ms. CANTWELL, $2,500.00. S. 1231. A bill to amend the Help America Ms. DUCKWORTH, Mrs. GILLIBRAND, Donald J. Trump for President, Inc., 6/8/ Vote Act of 2002 to allow all eligible voters Mrs. FEINSTEIN, Mr. FRANKEN, Ms. 2016, $2,500.00. to vote by mail in Federal elections, to HARRIS, Ms. HIRONO, Mr. KAINE, Mr. America Rising PAC, 6/17/2016, $5,000.00. amend the National Voter Registration Act LEAHY, Mr. MARKEY, Mr. MERKLEY, Mass. Victory Committee, 6/17/2016, $500.00. of 1993 to provide for automatic voter reg- Mr. NELSON, Mr. PETERS, Mr. REED, Friends of John McCain, 8/30/2016, $1,000.00. istration; to the Committee on Rules and Mr. SCHATZ, Ms. STABENOW, Mr. VAN Friends of JEB Bradley for State Senate, 9/ Administration. HOLLEN, Ms. WARREN, Mr. WHITE- 1/2016, $500.00. By Mr. KING (for himself and Mr. HOUSE, Mr. WYDEN, Mr. MURPHY, Mr. Friends of Dan Innis, 9/22/2016, $1,000.00. PAUL): CARDIN, and Ms. KLOBUCHAR): Friends of Andy Sanborn, 10/14/2016, $500.00. S. 1232. A bill to amend the Federal Meat S. 1242. A bill to provide for increases in Gannon for Senate, 10/25/2016, $250.00. Inspection Act to exempt from inspection the Federal minimum wage, and for other Committee To Elect House Republicans, 10/ the slaughter of animals and the preparation purposes; to the Committee on Health, Edu- 27/2016, $2,500.00. of carcasses conducted at a custom slaughter cation, Labor, and Pensions. Friends of Chris Sununu, 10/31/2016, facility, and for other purposes; to the Com- By Mrs. ERNST (for herself and Mrs. $1,000.00. mittee on Agriculture, Nutrition, and For- GILLIBRAND): S. 1243. A bill to require sexual assault pre- Friends of Chris Sununu, 2/2/2017, $7,000.00. estry. vention and response training for all individ- Edwards for Congress Committee, 4/6/2017, By Ms. BALDWIN (for herself and Mr. uals enlisted in the Armed Forces under a $2,700.00. FRANKEN): delayed entry program; to the Committee on Handel for Congress, Inc., 4/21/2017, S. 1233. A bill to improve the efficiency and Armed Services. $2,000.00. reliability of rail transportation by reform- ing the Surface Transportation Board, and By Mr. SCHUMER (for Ms. HIRONO America Rising PAC, 4/21/2017, $10,000.00. for other purposes; to the Committee on (for herself, Mr. SULLIVAN, Mr. New Hampshire Republican State Com- Commerce, Science, and Transportation. SCHATZ, and Ms. MURKOWSKI)): mittee Federal, 4/21/2017, $1,000.00. By Mr. NELSON: S. 1244. A bill to extend the authorization Mr. CORKER. Mr. President, for the S. 1234. A bill to amend the Water Re- of appropriations for additional funds for the Committee on Foreign Relations I re- sources Development Act of 2000 to provide essential air service program; to the Com- port favorably the following nomina- for expedited project implementation relat- mittee on Commerce, Science, and Transpor- tion lists which were printed in the ing to the comprehensive Everglades restora- tation. tion plan; to the Committee on Environment By Mr. FRANKEN: RECORDs on the dates indicated, and and Public Works. S. 1245. A bill to award career pathways in- ask unanimous consent, to save the ex- By Mr. MARKEY (for himself, Mr. novation grants to local educational agen- pense of reprinting on the Executive SANDERS, Mr. FRANKEN, and Mr. cies and consortia of local educational agen- Calendar that these nominations lie at MERKLEY): cies, to provide technical assistance within the Secretary’s desk for the informa- S. 1235. A bill to reduce the number of nu- the Office of Career, Technical, and Adult tion of Senators. clear-armed submarines operated by the Education to administer the grants and sup- The PRESIDING OFFICER. Without Navy, to prohibit the development of a new port the local educational agencies with the objection, it is so ordered. long-range penetrating bomber aircraft, to preparation of grant applications and man- prohibit the procurement of new interconti- agement of grant funds, and for other pur- *Foreign Service nominations beginning nental ballistic missiles, and for other pur- poses; to the Committee on Health, Edu- with Fred Aziz and ending with Nathalie poses; to the Committee on Armed Services. cation, Labor, and Pensions. Scharf, which nominations were received by By Mr. BROWN (for himself and Mr. By Mr. SCHUMER (for Ms. HIRONO the Senate and appeared in the Congres- CASEY): (for herself, Ms. BALDWIN, Mr. BROWN, sional Record on April 25, 2017. S. 1236. A bill to require the Attorney Gen- Ms. STABENOW, and Mr. DURBIN)): *Foreign Service nominations beginning eral to designate Human Trafficking Coordi- S. 1246. A bill to increase the participation with David Gossack and ending with Pamela nators for Federal judicial districts, and for of historically underrepresented demo- Ward, which nominations were received by other purposes; to the Committee on the Ju- graphic groups in science, technology, engi- the Senate and appeared in the Congres- diciary. neering, and mathematics education and in- sional Record on April 25, 2017. By Mr. GRASSLEY (for himself and dustry; to the Committee on Health, Edu- *Nomination was reported with rec- Mr. FRANKEN): cation, Labor, and Pensions. ommendation that it be confirmed sub- S. 1237. A bill to amend title 11 of the By Mr. HATCH (for himself and Mr. United States Code to clarify the rule allow- WARNER): ject to the nominee’s commitment to ing discharge as a nonpriority claim of gov- S. 1247. A bill to provide for loan repay- respond to requests to appear and tes- ernmental claims arising from the disposi- ment for teachers in high-need schools; to tify before any duly constituted com- tion of farm assets under chapter 12 bank- the Committee on Health, Education, Labor, mittee of the Senate. ruptcies; to the Committee on the Judiciary. and Pensions.

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By Mr. HATCH (for himself, Mr. BEN- By Mr. THUNE: States to provide foster care maintenance NET, Mr. CORNYN, and Mr. WARNER): S. 1259. A bill to improve and extend agri- payments for children with parents in a li- S. 1248. A bill to amend title II of the High- cultural commodity programs, and for other censed residential family-based treatment er Education Act of 1965; to the Committee purposes; to the Committee on Agriculture, facility for substance abuse and to reauthor- on Health, Education, Labor, and Pensions. Nutrition, and Forestry. ize grants to improve the well-being of fami- By Mr. RUBIO (for himself and Mr. By Mr. COCHRAN (for himself and Mr. lies affected by substance abuse; to the Com- NELSON): WICKER): mittee on Finance. S. 1249. A bill to authorize additional dis- S. 1260. A bill to authorize the exchange of By Ms. STABENOW (for herself and trict court judgeships for the northern, mid- certain Federal land located in Gulf Islands Mr. PETERS): dle, and southern districts of Florida; to the National Seashore for certain non-Federal S. 1269. A bill to require the Office of Pipe- Committee on the Judiciary. land in Jackson County, Mississippi, and for line Safety to consult with the Environ- By Mr. BARRASSO (for himself, Mr. other purposes; to the Committee on Energy mental Protection Agency or the Coast THUNE, and Mr. HOEVEN): and Natural Resources. Guard in the event the Federal on-scene co- S. 1250. A bill to amend the Indian Health By Mr. CASSIDY: ordinator has concerns about the ability of a Care Improvement Act to improve the re- S. 1261. A bill to amend title 38, United pipeline operator to respond to a worst case cruitment and retention of employees in the States Code, to require the Secretary of Vet- discharge; to the Committee on Commerce, Indian Health Service, restore account- erans Affairs to pay the reasonable costs of Science, and Transportation. ability in the Indian Health Service, improve urgent care provided to certain veterans, to By Mr. SCHUMER (for Ms. HIRONO health services, and for other purposes; to establish cost-sharing amounts for veterans (for herself, Mr. BLUMENTHAL, and the Committee on Indian Affairs. receiving care at an emergency room of the Mr. MERKLEY)): By Mr. WARNER: Department of Veterans Affairs, and for S. 1270. A bill to direct the Director of the S. 1251. A bill to require the Secretary of other purposes; to the Committee on Vet- Office of Science and Technology Policy to Labor to establish a pilot program for pro- erans’ Affairs. carry out programs and activities to ensure viding portable benefits to eligible workers, By Mr. DURBIN (for himself, Mr. that Federal science agencies and institu- and for other purposes; to the Committee on WHITEHOUSE, Mr. FRANKEN, Mr. tions of higher education receiving Federal Health, Education, Labor, and Pensions. BLUMENTHAL, Ms. HIRONO, Ms. WAR- research and development funding are fully By Mr. PAUL (for himself and Mr. REN, Mr. REED, Mr. WYDEN, Ms. BALD- engaging their entire talent pool, and for SCHATZ): WIN, Ms. HASSAN, Mr. KAINE, and Mr. other purposes; to the Committee on Health, S. 1252. A bill to reclassify certain low- MURPHY): Education, Labor, and Pensions. level felonies as misdemeanors, to eliminate S. 1262. A bill to amend title 11, United By Mr. BENNET (for himself and Mr. the increased penalties for cocaine offenses States Code, with respect to certain excep- GARDNER): where the cocaine involved is cocaine base, tions to discharge in bankruptcy; to the S. 1271. A bill to designate certain moun- to reinvest in our communities, and for Committee on the Judiciary. tain peaks in the State of Colorado as other purposes; to the Committee on the Ju- By Mr. BOOKER (for himself, Mr. ‘‘Fowler Peak’’ and ‘‘Boskoff Peak’’; to the diciary. WHITEHOUSE, Mr. NELSON, Mr. Committee on Energy and Natural Re- sources. By Mr. HATCH (for himself, Mr. WAR- BLUMENTHAL, Mr. MENENDEZ, Mr. By Mrs. FEINSTEIN (for herself, Mr. NER, Mr. HELLER, and Mr. WYDEN): CARDIN, Mr. MARKEY, Ms. HASSAN, S. 1253. A bill to improve the coordination Ms. WARREN, Mrs. SHAHEEN, and Mr. LEE, Mr. BLUMENTHAL, and Mr. COT- and use of geospatial data; to the Committee SANDERS): TON): S. 1272. A bill to preserve State, local, and on Commerce, Science, and Transportation. S. 1263. A bill to amend the Outer Conti- tribal authorities and private property By Ms. STABENOW (for herself, Mr. nental Shelf Lands Act to prohibit oil-, gas-, and methane hydrate-related seismic rights with respect to unmanned aircraft PETERS, and Ms. BALDWIN): S. 1254. A bill to amend the Internal Rev- activities in the North Atlantic, Mid-Atlan- systems, and for other purposes; to the Com- mittee on Commerce, Science, and Transpor- enue Code of 1986 to expand the small em- tic, South Atlantic, and Straits of Florida tation. ployer health insurance credit; to the Com- planning areas of the outer Continental By Mr. BLUNT (for himself, Ms. STABE- mittee on Finance. Shelf, and for other purposes; to the Com- mittee on Energy and Natural Resources. NOW, Mrs. MCCASKILL, Mr. MORAN, By Mr. MURPHY (for himself, Ms. HAS- By Ms. COLLINS: Mr. PETERS, and Mr. YOUNG): SAN, and Mr. SANDERS): S. 1264. A bill to amend the Federal De- S. 1273. A bill to amend chapter 329 of title S. 1255. A bill to amend title II of the So- posit Insurance Act to allow the Federal De- 49, United States Code, relating to average cial Security Act to credit individuals serv- posit Insurance Corporation to exempt cer- fuel economy standards for automobiles; to ing as caregivers of dependent relatives with tain depository institutions from certain the Committee on Commerce, Science, and deemed wages for up to five years of such legal requirements, and for other purposes; Transportation. service, and to support State medical train- to the Committee on Banking, Housing, and By Mr. ISAKSON (for himself, Mr. ing programs for caregivers; to the Com- Urban Affairs. COONS, and Mr. PERDUE): mittee on Finance. By Mr. MARKEY (for himself, Mr. S. 1274. A bill to direct the President to es- By Mr. MARKEY (for himself, Ms. COL- SANDERS, and Mrs. GILLIBRAND): tablish an interagency mechanism to coordi- LINS, Mr. KING, Mr. INHOFE, Mr. S. 1265. A bill to amend the Nuclear Waste nate United States development programs WHITEHOUSE, Mr. VAN HOLLEN, Mr. Policy Act of 1982 to provide for the expan- and private sector investment activities, and BLUMENTHAL, Mr. RISCH, Ms. WAR- sion of emergency planning zones and the de- for other purposes; to the Committee on For- REN, and Mr. KENNEDY): velopment of plans for dry cask storage of eign Relations. S. 1256. A bill to award a Congressional spent nuclear fuel, and for other purposes; to By Mr. HOEVEN: Gold Medal to the 23d Headquarters, Special the Committee on Environment and Public S. 1275. A bill to improve the housing con- Troops and the 3133rd Signal Service Com- Works. ditions and promote useful land uses within pany in recognition of their unique and dis- By Mr. INHOFE (for himself and Mr. tribal communities, and for other purposes; tinguished service as a ‘‘Ghost Army’’ that LANKFORD): to the Committee on Indian Affairs. conducted deception operations in Europe S. 1266. A bill to authorize the Secretary of By Mrs. FEINSTEIN (for herself, Mr. during World War II; to the Committee on Veterans Affairs to enter into contracts with GRASSLEY, Mr. DURBIN, Mr. TILLIS, Banking, Housing, and Urban Affairs. nonprofit organizations to investigate med- and Mrs. ERNST): By Mr. YOUNG (for himself, Mr. ical centers of the Department of Veterans S. 1276. A bill to require the Attorney Gen- GRASSLEY, Mrs. GILLIBRAND, Mr. Affairs; to the Committee on Veterans’ Af- eral to make a determination as to whether FRANKEN, Mr. PETERS, and Mr. fairs. cannabidiol should be a controlled substance BLUMENTHAL): By Mr. ENZI (for himself, Mr. BAR- and listed in a schedule under the Controlled S. 1257. A bill to amend title IV of the So- RASSO, Mr. HATCH, Mr. GARDNER, and Substances Act and to expand research on cial Security Act to require States to adopt Mr. UDALL): the potential medical benefits of cannabidiol an electronic system to help expedite the S. 1267. A bill to amend the Mineral Leas- and other marihuana components; to the placement of children in foster care or ing Act to require the Secretary of the Inte- Committee on the Judiciary. guardianship, or for adoption, across State rior to convey to a State all right, title, and By Mr. BOOZMAN (for himself, Mr. lines, and to provide funding to aid States in interest in and to a percentage of the HELLER, Mrs. CAPITO, and Mr. RISCH): developing such a system, and for other pur- amount of royalties and other amounts re- S. 1277. A bill to require the Secretary of poses; to the Committee on Finance. quired to be paid to the State under that Act Veterans Affairs to carry out a high tech- By Mr. BOOKER (for himself and Mr. with respect to public land and deposits in nology education pilot program, and for VAN HOLLEN): the State, and for other purposes; to the other purposes; to the Committee on Vet- S. 1258. A bill to require States to report to Committee on Energy and Natural Re- erans’ Affairs. the Attorney General certain information re- sources. By Mr. CARPER (for himself, Ms. garding use of force incidents involving law By Mr. DAINES (for himself and Mr. BALDWIN, Mr. BOOKER, Mr. BROWN, enforcement officers and civilians, and for PETERS): Mr. CARDIN, Mr. COONS, Ms. CORTEZ other purposes; to the Committee on the Ju- S. 1268. A bill to amend parts B and E of MASTO, Mr. FRANKEN, Mrs. GILLI- diciary. title IV of the Social Security Act to allow BRAND, Ms. HASSAN, Mr. KAINE, Mr.

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MARKEY, Mrs. MCCASKILL, Mrs. MUR- SON, Mr. DONNELLY, Mr. CASSIDY, Mr. CORTEZ MASTO, Mr. FRANKEN, Mr. RAY, Mr. SANDERS, Mr. SCHATZ, Mr. PETERS, Mr. CARPER, Mr. MANCHIN, BENNET, Mr. MARKEY, Mr. SCHUMER, Mr. VAN HOLLEN, and Ms. Mr. VAN HOLLEN, Ms. HARRIS, Mr. BLUMENTHAL, Mr. SCHATZ, Mr. WARREN): CASEY, Mr. CRAPO, Ms. DUCKWORTH, MENENDEZ, Mr. CARDIN, Mrs. MUR- S. 1278. A bill to provide for the admission Mr. DAINES, Ms. HASSAN, and Mr. RAY, Mr. COONS, Mr. DURBIN, Mr. of the State of Washington, D.C. into the HELLER): MERKLEY, Ms. KLOBUCHAR, Mrs. FEIN- Union; to the Committee on Homeland Secu- S. 1287. A bill to allow United States citi- STEIN, Mr. GARDNER, Mr. CASEY, and rity and Governmental Affairs. zens and legal residents to travel between Mr. HELLER)): By Mr. CRAPO: the United States and Cuba; to the Com- S. Res. 183. A resolution recognizing the S. 1279. A bill to amend title 38, United mittee on Foreign Relations. significance of May 2017 as Asian/Pacific States Code, to furnish health care from the By Mr. SULLIVAN (for himself and Ms. American Heritage Month and as an impor- Department of Veterans Affairs through the MURKOWSKI): tant time to celebrate the significant con- use of non-Department health care providers, S. 1288. A bill to amend the Federal Water tributions of Asian Americans and Pacific Is- and for other purposes; to the Committee on Pollution Control Act to allow preservation landers to the history of the United States; Veterans’ Affairs. leasing as a form of compensatory mitiga- considered and agreed to. By Mr. SCOTT (for himself and Mr. tion for discharges of dredged or fill material f BOOKER): affecting Indian land, and for other purposes; S. 1280. A bill to help keep law enforcement to the Committee on Environment and Pub- ADDITIONAL COSPONSORS officers and communities safer by making lic Works. S. 54 grants to purchase body worn cameras for By Mr. SULLIVAN (for himself and Ms. use by State, local, and tribal law enforce- At the request of Mr. BOOKER, the MURKOWSKI): name of the Senator from Delaware ment officers; to the Committee on the Judi- S. 1289. A bill to amend the Federal Water ciary. Pollution Control Act to exempt Indian (Mr. COONS) was added as a cosponsor By Ms. HASSAN (for herself, Mr. tribes from compensatory mitigation re- of S. 54, a bill to prohibit the creation PORTMAN, Mrs. MCCASKILL, and Ms. quirements in connection with certain dis- of an immigration-related registry pro- HARRIS): charges of dredged or fill material, and for gram that classifies people on the basis S. 1281. A bill to establish a bug bounty other purposes; to the Committee on Envi- of religion, race, age, gender, ethnicity, pilot program within the Department of ronment and Public Works. Homeland Security, and for other purposes; national origin, nationality, or citizen- By Mr. PAUL (for himself, Mr. MUR- ship. to the Committee on Homeland Security and PHY, and Mr. FRANKEN): S. 97 Governmental Affairs. S.J. Res. 42. A joint resolution relating to By Mr. DAINES (for himself and Mr. the disapproval of the proposed export to the At the request of Mr. CRAPO, the TESTER): Government of the Kingdom of Saudi Arabia name of the Senator from Alabama S. 1282. A bill to redesignate certain clinics of certain defense articles; to the Committee (Mr. STRANGE) was added as a cospon- of the Department of Veterans Affairs lo- on Foreign Relations. sor of S. 97, a bill to enable civilian re- cated in Montana; to the Committee on Vet- By Mr. FLAKE (for himself and Mr. erans’ Affairs. search and development of advanced KAINE): nuclear energy technologies by private By Mr. MARKEY: S.J. Res. 43. A joint resolution to authorize S. 1283. A bill to authorize the award of a and public institutions, to expand theo- the use of United States Armed Forces military service medal to members of the retical and practical knowledge of nu- against al-Qaeda, the Taliban, and the Is- Armed Forces who were exposed to ionizing lamic State of Iraq and Syria, and associated clear physics, chemistry, and materials radiation as a result of participation in the persons or forces, that are engaged in hos- science, and for other purposes. testing of nuclear weapons or under other tilities against the United States, the Armed S. 231 circumstances; to the Committee on Armed Forces, or its other personnel; to the Com- Services. At the request of Mr. PAUL, the name mittee on Foreign Relations. By Mr. HATCH (for himself, Mr. KING, of the Senator from Mississippi (Mr. and Mr. NELSON): f WICKER) was added as a cosponsor of S. S. 1284. A bill to raise the consolidated as- 231, a bill to implement equal protec- sets threshold under the small bank holding SUBMISSION OF CONCURRENT AND tion under the 14th Amendment to the company policy statement, and for other SENATE RESOLUTIONS Constitution of the United States for purposes; to the Committee on Banking, The following concurrent resolutions the right to life of each born and Housing, and Urban Affairs. and Senate resolutions were read, and By Mr. MERKLEY: preborn human person. S. 1285. A bill to allow the Confederated referred (or acted upon), as indicated: S. 263 Tribes of Coos, Lower Umpqua, and Siuslaw By Mr. DURBIN (for himself, Ms. At the request of Mrs. CAPITO, the Indians, the Confederated Tribes of the DUCKWORTH, Mrs. FEINSTEIN, Mr. name of the Senator from Alabama Grand Ronde Community of Oregon, the Con- FRANKEN, Mr. COONS, Mr. (Mr. STRANGE) was added as a cospon- federated Tribes of Siletz Indians of Oregon, BLUMENTHAL, Mr. MARKEY, Mr. CAR- sor of S. 263, a bill to facilitate effi- PER, and Mr. KAINE): the Confederated Tribes of Warm Springs, cient State implementation of ground- and the Cow Creek Band of Umpqua Tribe of S. Res. 179. A resolution expressing support Indians to lease or transfer certain lands; to for the designation of June 2, 2017, as ‘‘Na- level ozone standards, and for other the Committee on Indian Affairs. tional Gun Violence Awareness Day’’ and purposes. By Ms. KLOBUCHAR (for herself, Mr. June 2017 as ‘‘National Gun Violence Aware- S. 299 ENZI, Mr. LEAHY, Mr. FLAKE, Mr. ness Month’’; to the Committee on the Judi- At the request of Mr. LEE, the name DURBIN, Mrs. GILLIBRAND, Ms. WAR- ciary. of the Senator from Georgia (Mr. By Mr. MARKEY: REN, Mr. WHITEHOUSE, Mrs. SHAHEEN, PERDUE) was added as a cosponsor of S. S. Res. 180. A resolution condemning the Ms. STABENOW, Mr. BENNET, Mr. MUR- 299, a bill to require the appropriation PHY, Mr. PAUL, and Mr. KING): violence against peaceful protesters outside S. 1286. A bill to lift the trade embargo on the Turkish Ambassador’s residence on May of funds to use a fee, fine, penalty, or Cuba; to the Committee on Banking, Hous- 16, 2017, and calling for the perpetrators to be proceeds from a settlement received by ing, and Urban Affairs. brought to justice and measures to be taken a Federal agency, and for other pur- By Mr. FLAKE (for himself, Mr. to prevent similar incidents in the future; to poses. LEAHY, Mr. MORAN, Mr. DURBIN, Mr. the Committee on Foreign Relations. S. 301 ENZI, Mr. UDALL, Mr. BOOZMAN, Mr. By Mr. INHOFE (for himself and Ms. At the request of Mr. LANKFORD, the WHITEHOUSE, Ms. COLLINS, Ms. KLO- HARRIS): name of the Senator from Alabama BUCHAR, Mr. MERKLEY, Mr. REED, Ms. S. Res. 181. A resolution designating the STABENOW, Mr. MURPHY, Mr. COONS, week of May 21 through May 27, 2017, as ‘‘Na- (Mr. STRANGE) was added as a cospon- Mr. CARDIN, Mrs. FEINSTEIN, Mrs. tional Public Works Week’’; considered and sor of S. 301, a bill to amend the Public SHAHEEN, Ms. HEITKAMP, Mr. BROWN, agreed to. Health Service Act to prohibit govern- Ms. BALDWIN, Ms. HIRONO, Mr. By Mr. REED (for himself, Mr. ISAK- mental discrimination against pro- SCHATZ, Mr. MARKEY, Mrs. MCCAS- SON, and Mr. DURBIN): viders of health services that are not KILL, Mr. PAUL, Mr. WYDEN, Mr. S. Res. 182. A resolution designating May involved in abortion. KAINE, Mr. KING, Mr. FRANKEN, Ms. 2017 as ‘‘Melanoma Awareness Month’’; con- S. 341 WARREN, Mr. BENNET, Mr. HEINRICH, sidered and agreed to. RAHAM Mr. SANDERS, Mr. TESTER, Mr. WAR- By Mr. SCHUMER (for Ms. HIRONO At the request of Mr. G , the NER, Ms. CANTWELL, Mr. (for herself, Ms. DUCKWORTH, Ms. name of the Senator from Pennsyl- BLUMENTHAL, Mrs. MURRAY, Mr. HARRIS, Ms. MURKOWSKI, Ms. CANT- vania (Mr. CASEY) was added as a co- SCHUMER, Mrs. GILLIBRAND, Mr. NEL- WELL, Mr. BOOKER, Mr. KAINE, Ms. sponsor of S. 341, a bill to provide for

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.016 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3214 CONGRESSIONAL RECORD — SENATE May 25, 2017 congressional oversight of actions to S. 540 (Mr. STRANGE) and the Senator from waive, suspend, reduce, provide relief At the request of Mr. THUNE, the South Carolina (Mr. SCOTT) were added from, or otherwise limit the applica- name of the Senator from Idaho (Mr. as cosponsors of S. 722, a bill to impose tion of sanctions with respect to the RISCH) was added as a cosponsor of S. sanctions with respect to Iran in rela- Russian Federation, and for other pur- 540, a bill to limit the authority of tion to Iran’s ballistic missile program, poses. States to tax certain income of em- support for acts of international ter- S. 369 ployees for employment duties per- rorism, and violations of human rights, At the request of Mr. CASEY, his formed in other States. and for other purposes. name was added as a cosponsor of S. S. 568 S. 822 369, a bill to amend title 38, United At the request of Mr. BROWN, the At the request of Mr. INHOFE, the States Code, to authorize the Secretary name of the Senator from Michigan name of the Senator from Maine (Mr. of Veterans Affairs, in awarding a con- (Mr. PETERS) was added as a cosponsor KING) was added as a cosponsor of S. tract for the procurement of goods or of S. 568, a bill to amend title XVIII of 822, a bill to amend the Comprehensive services, to give a preference to the Social Security Act to count a pe- Environmental Response, Compensa- offerors that employ veterans, and for riod of receipt of outpatient observa- tion, and Liability Act of 1980 to mod- other purposes. tion services in a hospital toward satis- ify provisions relating to grants, and S. 407 fying the 3-day inpatient hospital re- for other purposes. quirement for coverage of skilled nurs- At the request of Mr. CRAPO, the S. 872 ing facility services under Medicare. name of the Senator from Mississippi At the request of Mr. GRASSLEY, the S. 623 (Mr. COCHRAN) was added as a cospon- name of the Senator from New Hamp- sor of S. 407, a bill to amend the Inter- At the request of Mr. DURBIN, the shire (Mrs. SHAHEEN) was added as a co- nal Revenue Code of 1986 to perma- name of the Senator from Maryland sponsor of S. 872, a bill to amend title nently extend the railroad track main- (Mr. CARDIN) was added as a cosponsor XVIII of the Social Security Act to tenance credit. of S. 623, a bill to enhance the trans- make permanent the extension of the parency and accelerate the impact of S. 413 Medicare-dependent hospital (MDH) assistance provided under the Foreign At the request of Mrs. CAPITO, the program and the increased payments Assistance Act of 1961 to promote qual- under the Medicare low-volume hos- name of the Senator from Maine (Mr. ity basic education in developing coun- KING) was added as a cosponsor of S. pital program. tries, to better enable such countries S. 910 413, a bill to amend title XVIII of the to achieve universal access to quality Social Security Act to prohibit pre- At the request of Mr. SCHUMER, the basic education and improved learning name of the Senator from Vermont scription drug plan sponsors and MA– outcomes, to eliminate duplication and (Mr. SANDERS) was added as a cospon- PD organizations under the Medicare waste, and for other purposes. program from retroactively reducing sor of S. 910, a bill to prohibit discrimi- S. 652 payment on clean claims submitted by nation against individuals with disabil- At the request of Mr. KAINE, the pharmacies. ities who need long-term services and name of the Senator from Vermont S. 424 supports, and for other purposes. (Mr. SANDERS) was added as a cospon- S. 981 At the request of Mr. BOOKER, the sor of S. 652, a bill to amend the Public name of the Senator from Michigan Health Service Act to reauthorize a At the request of Ms. KLOBUCHAR, the (Mr. PETERS) was added as a cosponsor program for early detection, diagnosis, name of the Senator from Iowa (Mrs. of S. 424, a bill to amend title 5, United and treatment regarding deaf and hard- ERNST) was added as a cosponsor of S. States Code, to include certain Federal of-hearing newborns, infants, and 981, a bill to require the Secretary of positions within the definition of law young children. Energy to establish an energy effi- enforcement officer for retirement pur- ciency materials pilot program. S. 654 poses, and for other purposes. S. 1002 At the request of Mr. TOOMEY, the S. 445 names of the Senator from Wisconsin At the request of Mr. MORAN, the At the request of Ms. COLLINS, the (Ms. BALDWIN) and the Senator from name of the Senator from Minnesota name of the Senator from Alaska (Ms. Indiana (Mr. DONNELLY) were added as (Ms. KLOBUCHAR) was added as a co- MURKOWSKI) was added as a cosponsor cosponsors of S. 654, a bill to revise sec- sponsor of S. 1002, a bill to enhance the of S. 445, a bill to amend title XVIII of tion 48 of title 18, United States Code, ability of community financial institu- the Social Security Act to ensure more and for other purposes. tions to foster economic growth and serve their communities, boost small timely access to home health services S. 692 businesses, increase individual savings, for Medicare beneficiaries under the At the request of Mrs. FISCHER, the Medicare program. name of the Senator from Indiana (Mr. and for other purposes. S. 474 DONNELLY) was added as a cosponsor of S. 1035 At the request of Mr. GRAHAM, the S. 692, a bill to provide for integrated At the request of Mr. HEINRICH, the name of the Senator from Alabama plan permits, to establish an Office of name of the Senator from Virginia (Mr. (Mr. STRANGE) was added as a cospon- the Municipal Ombudsman, to promote KAINE) was added as a cosponsor of S. sor of S. 474, a bill to condition assist- green infrastructure, and to require the 1035, a bill to amend the Employee Re- ance to the West Bank and Gaza on revision of financial capability guid- tirement Income Security Act of 1974 steps by the Palestinian Authority to ance. with respect to the scope of employee end violence and terrorism against S. 720 pension benefit plans. Israeli citizens. At the request of Mr. CARDIN, the S. 1057 S. 515 name of the Senator from South Caro- At the request of Mr. NELSON, the At the request of Mr. CASEY, the lina (Mr. SCOTT) was added as a cospon- name of the Senator from Wisconsin name of the Senator from Wisconsin sor of S. 720, a bill to amend the Export (Ms. BALDWIN) was added as a cospon- (Ms. BALDWIN) was added as a cospon- Administration Act of 1979 to include sor of S. 1057, a bill to amend the sor of S. 515, a bill to require the Sec- in the prohibitions on boycotts against Harmful Algal Bloom and Hypoxia Re- retary of Labor to maintain a publicly allies of the United States boycotts search and Control Act of 1998 to ad- available list of all employers that re- fostered by international governmental dress harmful algal blooms, and for locate a call center overseas, to make organizations against Israel and to di- other purposes. such companies ineligible for Federal rect the Export-Import Bank of the S. 1092 grants or guaranteed loans, and to re- United States to oppose boycotts At the request of Mr. ENZI, the names quire disclosure of the physical loca- against Israel, and for other purposes. of the Senator from Oregon (Mr. tion of business agents engaging in cus- S. 722 MERKLEY) and the Senator from Idaho tomer service communications, and for At the request of Mr. CORKER, the (Mr. CRAPO) were added as cosponsors other purposes. names of the Senator from Alabama of S. 1092, a bill to protect the right of

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(Ms. DUCKWORTH) and the Senator from At the request of Mr. WICKER, the This Act may be cited as the ‘‘Family Connecticut (Mr. BLUMENTHAL) were name of the Senator from Colorado Farmer Bankruptcy Clarification Act of 2017’’. added as cosponsors of S. 1094, a bill to (Mr. GARDNER) was added as a cospon- SEC. 2. CLARIFICATION OF RULE ALLOWING DIS- amend title 38, United States Code, to sor of S. Res. 106, a resolution express- CHARGE TO GOVERNMENTAL improve the accountability of employ- ing the sense of the Senate to support CLAIMS ARISING FROM THE DIS- ees of the Department of Veterans Af- the territorial integrity of Georgia. POSITION OF FARM ASSETS UNDER CHAPTER 12 BANKRUPTCIES. fairs, and for other purposes. S. RES. 139 (a) IN GENERAL.—Subchapter II of chapter S. 1122 At the request of Mr. WYDEN, the 12 of title 11, United States Code, is amended At the request of Mrs. MURRAY, the name of the Senator from Connecticut by adding at the end the following: name of the Senator from Maryland (Mr. BLUMENTHAL) was added as a co- ‘‘§ 1232. Claim by a governmental unit based (Mr. VAN HOLLEN) was added as a co- sponsor of S. Res. 139, a resolution con- on the disposition of property used in a sponsor of S. 1122, a bill to amend the demning the Government of Iran’s farming operation Occupational Safety and Health Act of state-sponsored persecution of its ‘‘(a) Any unsecured claim of a govern- 1970 to clarify when the time period for Baha’i minority and its continued vio- mental unit against the debtor or the estate the issuance of citations under such lation of the International Covenants that arises before the filing of the petition, Act begins and to require a rule to on Human Rights. or that arises after the filing of the petition and before the debtor’s discharge under sec- clarify that an employer’s duty to S. RES. 168 tion 1228, as a result of the sale, transfer, ex- make and maintain accurate records of At the request of Mr. CARDIN, the work-related injuries and illnesses is change, or other disposition of any property name of the Senator from Washington used in the debtor’s farming operation— an ongoing obligation. (Ms. CANTWELL) was added as a cospon- ‘‘(1) shall be treated as an unsecured claim S. 1151 sor of S. Res. 168, a resolution sup- arising before the date on which the petition At the request of Mrs. ERNST, the porting respect for human rights and is filed; name of the Senator from Wisconsin encouraging inclusive governance in ‘‘(2) shall not be entitled to priority under (Ms. BALDWIN) was added as a cospon- Ethiopia. section 507; ‘‘(3) shall be provided for under a plan; and sor of S. 1151, a bill to amend the Inter- S. RES. 174 ‘‘(4) shall be discharged in accordance with nal Revenue Code of 1986 to provide a At the request of Mr. MORAN, the nonrefundable credit for working fam- section 1228. name of the Senator from Arkansas ‘‘(b) For purposes of applying sections ily caregivers. (Mr. BOOZMAN) was added as a cospon- 1225(a)(4), 1228(b)(2), and 1229(b)(1) to a claim S. 1169 sor of S. Res. 174, a resolution recog- described in subsection (a) of this section, At the request of Mr. DURBIN, the nizing the 100th anniversary of Lions the amount that would be paid on such claim names of the Senator from Massachu- Clubs International and celebrating the if the estate of the debtor were liquidated in setts (Ms. WARREN) and the Senator Lions Clubs International for a long a case under chapter 7 of this title shall be from New Hampshire (Ms. HASSAN) history of humanitarian service. the amount that would be paid by the estate in a chapter 7 case if the claim were an unse- were added as cosponsors of S. 1169, a S. RES. 176 bill to amend title XIX of the Social cured claim arising before the date on which At the request of Mr. SCHUMER, the the petition was filed and were not entitled Security Act to provide States with an names of the Senator from New Jersey to priority under section 507. option to provide medical assistance to (Mr. MENENDEZ), the Senator from Con- ‘‘(c) For purposes of applying sections individuals between the ages of 22 and necticut (Mr. BLUMENTHAL), the Sen- 523(a), 1228(a)(2), and 1228(c)(2) to a claim de- scribed in subsection (a) of this section, the 64 for inpatient services to treat sub- ator from Oregon (Mr. WYDEN), the claim shall not be treated as a claim of a stance use disorders at certain facili- Senator from Pennsylvania (Mr. ties, and for other purposes. kind specified in section 523(a)(1). CASEY) and the Senator from Colorado ‘‘(d)(1) A governmental unit may file a S. 1191 (Mr. BENNET) were added as cosponsors proof of claim for a claim described in sub- At the request of Mr. GRASSLEY, the of S. Res. 176, a resolution commemo- section (a) that arises after the date on name of the Senator from Louisiana rating the 50th anniversary of the re- which the petition is filed. (Mr. CASSIDY) was added as a cosponsor unification of Jerusalem. ‘‘(2) If a debtor files a tax return after the of S. 1191, a bill to amend title XVIII of At the request of Mr. MCCONNELL, filing of the petition for a period in which a the Social Security Act to refine how the names of the Senator from South claim described in subsection (a) arises, and Medicare pays for orthotics and pros- the claim relates to the tax return, the debt- Dakota (Mr. ROUNDS), the Senator from or shall serve notice of the claim on the gov- thetics and to improve beneficiary ex- Florida (Mr. RUBIO) and the Senator perience and outcomes with orthotic ernmental unit charged with the responsi- from Kansas (Mr. MORAN) were added bility for the collection of the tax at the ad- and prosthetic care, and for other pur- as cosponsors of S. Res. 176, supra. dress and in the manner designated in sec- poses. At the request of Ms. MURKOWSKI, her tion 505(b)(1). Notice under this paragraph S. 1196 name was added as a cosponsor of S. shall state that the debtor has filed a peti- At the request of Mr. SULLIVAN, the Res. 176, supra. tion under this chapter, state the name and location of the court in which the case under names of the Senator from Missouri f (Mr. BLUNT), the Senator from Okla- this chapter is pending, state the amount of homa (Mr. INHOFE), the Senator from STATEMENTS ON INTRODUCED the claim, and include a copy of the filed tax return and documentation supporting the Hawaii (Ms. HIRONO), the Senator from BILLS AND JOINT RESOLUTIONS calculation of the claim. Alaska (Ms. MURKOWSKI), the Senator By Mr. GRASSLEY (for himself ‘‘(3) If notice of a claim has been served on from Kansas (Mr. ROBERTS), the Sen- and Mr. FRANKEN): the governmental unit in accordance with ator from Alabama (Mr. STRANGE) and S. 1237. A bill to amend title 11 of the paragraph (2), the governmental unit may the Senator from North Carolina (Mr. United States Code to clarify the rule file a proof of claim not later than 180 days TILLIS) were added as cosponsors of S. allowing discharge as a nonpriority after the date on which such notice was 1196, a bill to expand the capacity and claim of governmental claims arising served. If the governmental unit has not capability of the ballistic missile de- from the disposition of farm assets filed a timely proof of the claim, the debtor fense system of the United States, and or trustee may file proof of the claim that is under chapter 12 bankruptcies; to the consistent with the notice served under para- for other purposes. Committee on the Judiciary. graph (2). If a proof of claim is filed by the S. 1227 Mr. GRASSLEY. Mr. President, I ask debtor or trustee under this paragraph, the At the request of Mr. BROWN, the unanimous consent that the text of the governmental unit may not amend the proof name of the Senator from Wisconsin bill be printed in the RECORD. of claim.

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.020 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3216 CONGRESSIONAL RECORD — SENATE May 25, 2017 ‘‘(4) A claim filed under this subsection treat capital gains taxes owed to the compelled to hold that Congress put shall be determined and shall be allowed government, arising from the sale of the Amendment in the wrong place.’’ under subsection (a), (b), or (c) of section 502, farm assets during the bankruptcy, as Hall v. United States, 132 S.Ct. 1882, or disallowed under subsection (d) or (e) of section 502, in the same manner as if the general unsecured claims. This bill will 1897 (2012) (Breyer, J., dissenting) (in- claim had arisen immediately before the give family farmers a chance to reorga- ternal citations and quotations omit- date of the filing of the petition.’’. nize successfully and remove the Inter- ted). (b) TECHNICAL AND CONFORMING AMEND- nal Revenue Service’s veto power over As a result of the Hall case, family MENTS.— a plan’s confirmation. farmers facing bankruptcy now find (1) IN GENERAL.—Subchapter II of chapter Congress created chapter 12 in 1986 as themselves caught between a rock and 12 of title 11, United States Code, is amend- a temporary measure to provide a spe- a hard place. The rules have changed ed— cialized bankruptcy process for family and must be corrected in order to pro- (A) in section 1222(a)— (i) in paragraph (2), by striking ‘‘unless—’’ farmers. In 2005, Congress made chap- vide certainty and clarity in the law. and all that follows through ‘‘the holder’’ ter 12 a permanent part of the bank- The Family Farmer Bankruptcy Clari- and inserting ‘‘unless the holder’’; ruptcy code. Between 1986 and 2005, we fication Act of 2017 does this and pro- (ii) in paragraph (3), by striking ‘‘and’’ at learned what worked and did not work vides the help needed for family farm- the end; for family farmers reorganizing under ers. (iii) in paragraph (4), by striking the period chapter 12. In particular, family farm- This bill adds a new section 1232 to at the end and inserting ‘‘; and’’; and ers faced serious problems when they the bankruptcy code. This new section, (iv) by adding at the end the following: needed to sell land to fund their reor- along with other conforming changes, ‘‘(5) subject to section 1232, provide for the ganization plan. For example, a family gives guidance and certainty to debt- treatment of any claim by a governmental ors, practitioners, and courts as to how unit of a kind described in section 1232(a).’’; farmer might sell portions of the farm (B) in section 1228— in order to generate cash and pay these claims are to be treated during (i) in subsection (a)— creditors. Unfortunately, in most of bankruptcy. I’m pleased that the bill (I) in the matter preceding paragraph (1)— these cases, the family farmer is sell- we’re introducing today will help fam- (aa) by inserting a comma after ‘‘all debts ing land with a low cost basis, because ily farmers who are facing hard times. provided for by the plan’’; and it has likely been held in the family for In the wake of the Hall decision, this (bb) by inserting a comma after ‘‘allowed a very long time. As a result, the fam- bill ensures that what Congress sought under section 503 of this title’’; and ily farmer gets hit with a substantial to do in 2005 actually occurs. The Fam- (II) in paragraph (2), by striking ‘‘the capital gains tax, which is owed to the ily Farmer Bankruptcy Clarification kind’’ and all that follows and inserting ‘‘a Act of 2017 provides the help that may kind specified in section 523(a) of this title, Internal Revenue Service. except as provided in section 1232(c).’’; and Under the bankruptcy code’s prior- one day be needed for the hard working (ii) in subsection (c)(2), by inserting ‘‘, ex- ities structure for claims, taxes owed family farmers across our great Na- cept as provided in section 1232(c)’’ before to the IRS must be paid in full, unless tion. the period at the end; and the IRS agrees otherwise. This creates (C) in section 1229(a)— problems for the family farmer who By Ms. COLLINS (for herself, Mr. (i) in paragraph (2), by striking ‘‘or’’ at the needs cash to pay creditors and reorga- CARDIN, Mr. SCHUMER, Mr. end; nize. Since the IRS has the ability to BLUMENTHAL, Ms. KLOBUCHAR, (ii) in paragraph (3), by striking the period require full payment, it essentially Mr. ROUNDS, and Mr. MERKLEY): at the end and inserting ‘‘; or’’; and S. 1238. A bill to amend the Internal holds veto power over the confirmation (iii) by adding at the end the following: Revenue Code of 1986 to increase and of a family farmer’s chapter 12 plan. In ‘‘(4) provide for the payment of a claim de- make permanent the exclusion for ben- scribed in section 1232(a) that arose after the many instances, the effect is that a efits provided to volunteer firefighters date on which the petition was filed.’’. family farmer will not be able to have and emergency medical responders; to (2) TABLE OF SECTIONS.—The table of sec- a plan confirmed. This is a harsh result the Committee on Finance. tions for subchapter II of chapter 12 of title and does not make sense if the goal is 11, United States Code, is amended by adding to give family farmers a fresh start. at the end the following: By Ms. COLLINS (for herself, Mr. Recognizing this problem, Congress ‘‘1232. Claim by a governmental unit based CARDIN, and Mr. SCHUMER): on the disposition of property amended the bankruptcy code in 2005 S. 1239. A bill to amend the Internal used in a farming operation.’’. to provide that in these limited and Revenue Code of 1986 to modify the (c) EFFECTIVE DATE.—The amendments particular situations, the taxes owed to rules applicable to length of service made by this section shall apply to any the IRS would be stripped of their pri- award plans; to the Committee on Fi- bankruptcy case that— ority and treated as general unsecured nance. (1) is pending on the date of enactment of debt. This removed the government’s Ms. COLLINS. Mr. President, I rise this Act and relating to which an order of veto power over plan confirmation and discharge under section 1228 of title 11, to introduce two bills that will benefit United States Code, has not been entered; or paved the way for family farmers to re- the brave women and men who volun- (2) commences on or after the date of en- organize under chapter 12. teer at our local firehouses: the Volun- actment of this Act. Unfortunately, in Hall v. United teer Responder Incentive Protection Mr. GRASSLEY. Mr. President, I rise States, the Supreme Court ruled that Act and the Volunteer Firefighters’ today to introduce, along with Senator despite Congress’s express goal of help- Length of Service Award Program Cap FRANKEN, the Family Farmer Bank- ing family farmers, the language we Adjustment Priority Act. I am pleased ruptcy Clarification Act of 2017. I used failed to accomplish the intended to be joined by my friend and colleague thank Senator FRANKEN for supporting result. To be clear, the Hall case was from Maryland, Senator CARDIN, in re- and working with me, since the 112th about statutory interpretation. There introducing this bipartisan legislation. Congress, on this important bill to help is no question about what Congress was Across our nation, volunteer fire- our Nation’s family farmers. trying to do; rather, the question is, fighters play a critical role in helping This bipartisan bill addresses the 2012 ‘‘Did Congress use the correct lan- to ensure the safety of our commu- United States Supreme Court case Hall guage?’’ My goal, along with others at nities and the well-being of our neigh- v. United States. In a 5–4 decision, the the time, was to relieve family farmers bors. The State of Maine, for example, Supreme Court ruled a provision that I from having their reorganization plans has approximately 11,000 firefighters in authored in the 2005 Bankruptcy Abuse fail because of certain tax liabilities more than 400 departments. Because Prevention and Consumer Protection owed to the government. Justice Maine is a largely rural state, more Act did not accomplish what we in Breyer noted this point in his dissent: than 90 percent of those firefighters are Congress intended. The Family Farmer ‘‘Congress was concerned about the ef- volunteers. Bankruptcy Clarification Act of 2017 fect on the farmer of collecting capital Without these public-spirited citi- corrects this unfortunate result and re- gains tax debts that arose during (and zens, many communities would be un- stores Congress’s original intent. The were connected with) the Chapter 12 able to provide emergency services pro- bill clarifies that bankrupt family proceedings themselves. . . . The major- tection at all, while others would be farmers reorganizing their debts, under ity does not deny the importance of forced to raise local taxes to pay sala- chapter 12 of the bankruptcy code, may Congress’ objective. Rather, it feels ries and benefits for full- or part-time

VerDate Sep 11 2014 05:58 May 26, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.022 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3217 staff. Often, communities seek to re- dents Act. This bill takes an important a family of her own. As an aspiring de- cruit and retain volunteers by offering step toward addressing the student signer, Marta wanted to enroll in a col- modest benefits. The bills we are intro- debt crisis in America. It would once lege that would help launch her career. ducing today would support these ef- again treat private student loans like So after meeting a recruiter at a col- forts by helping to ensure that nominal nearly all other forms of private unse- lege fair from the now-closing, for-prof- benefits to volunteers are not treated cured debt and permit these loans to be it Harrington College of Art and De- as regular employee compensation. discharged in bankruptcy. sign, she enrolled in the fall of 2004. At The Volunteer Responder Incentive Student loan debt has reached an as- the urging of the recruiter, she signed Protection Act would allow commu- tronomical $1.4 trillion—more than the enrollment paperwork and began nities to provide volunteer firefighters double what it was in 2008. Student courses. Being the first in her family to and EMS workers with up to $600 per loan debt is now the second largest attend college, she did not know the year of property tax reductions or form of consumer debt in America, difference between private and federal other incentives, without those bene- after only mortgage debt. The balance student loans. The recruiter assured fits being subject to federal income tax of student loan debt is larger than her that the paperwork was just part of and withholding. This would ease the credit card and auto loan debt. Cur- the normal college enrollment process. administrative burden that local de- rently, around 44 million borrowers It was only after she graduated that partments sometimes face when they hold student loan debt, with an average Marta learned that in signing the pa- reward their volunteers. We also want balance of roughly $30,000. perwork the recruiter gave her, she had to help first responders save for retire- This past weekend, the New York taken out a combination of federal stu- ment. For years, local and state gov- Times published an editorial that dent loans and much riskier and more ernments have provided their volunteer clearly and concisely describes the stu- expensive private student loans. She firefighters and EMS personnel with dent debt crisis that we face. The edi- now has over $120,000 in student debt, different forms of benefits, including torial is titled ‘‘Student Debt’s Grip on the majority of which is in private stu- Length of Service Award Programs, the Economy,’’ and I ask consent to dent loans. The monthly payments are commonly known as LOSAPs. These place it into the RECORD. As the edi- overwhelming and Marta worries about are pension-like benefits for volunteer torial points out, ‘‘student debt has be- what this crushing debt means for her emergency responders. come a drag on graduates’ hopes and a family’s future. Thanks to high-inter- Our second bill, the LOSAP Cap Act, threat to economic growth.’’ est rates, her private loans continue to would help communities recruit and re- This editorial reports that as college grow despite doing her best to make tain volunteer firefighters by increas- costs have continued to increase, wages her payments. ing the annual cap on contributions to have not kept pace. Students continue Marta enrolled in college to get a their retirement accounts to $6,000, and to take out larger amounts in loans to good career and widen her future op- allowing for adjustments for inflation. afford the rising costs of college. This portunities. But she has been left with As we begin the complicated process crushing student loan debt has forced enormous debt from a failed for-profit of reforming our nation’s tax code, I young people to delay making impor- college. And now she is struggling and believe we should take care to protect tant life decisions like getting married needs a fair chance to get back on her those who serve this country with such and economic investments such as feet. There are stories like Marta’s in bravery. That is why Senator CARDIN home ownership. We are also seeing an every corner of America. And it’s time and I have introduced these bills today, increase in the wealth gap between col- to do something about it. and I urge my colleagues to join us in lege graduates with student debt and Today I am reintroducing the Fair- supporting them. those without student debt. The bur- ness for Struggling Students Act. This dens of student debt are threatening bill would restore the bankruptcy By Mr. DURBIN (for himself, Mr. the notion that being college-educated code’s pre-2005 treatment of private WHITEHOUSE, Mr. FRANKEN, Mr. is enough to get ahead. As the editorial student loans. BLUMENTHAL, Ms. HIRONO, Ms. notes, ‘‘the fallout from these burdens, Since 2005, private student loans have WARREN, Mr. REED, Mr. WYDEN, afflicting those who are supposedly enjoyed a privileged status under the Ms. BALDWIN, Ms. HASSAN, Mr. best prepared to face and shape the fu- bankruptcy code: they cannot be dis- KAINE, and Mr. MURPHY): ture, is not only a personal financial charged in bankruptcy except in ex- S. 1262. A bill to amend title 11, issue but also a social and economic tremely limited circumstances. Only a United States Code, with respect to one.’’ few other types of private unsecured certain exceptions to discharge in These burdens are even more signifi- debt cannot be discharged in bank- bankruptcy; to the Committee on the cant for students who have taken out ruptcy—criminal fines, child support, Judiciary. private student loans. Federal student back taxes and alimony. In contrast, Mr. DURBIN. Mr. President, I ask loans have fixed, affordable interest nearly all types of private unsecured unanimous consent that the text of the rates, and a variety of consumer pro- debt, including credit card and medical bill be printed in the RECORD. tections including forbearance in times debt, are dischargeable in bankruptcy. There being no objection, the text of of economic hardship and manageable Congress had no good reason to make the bill was ordered to be printed in repayment options. Private loans, on private student loans non-discharge- the RECORD, as follows: the other hand, frequently have high, able in 2005. It was a provision that was S. 1262 variable interest rates, and they lack quietly slipped into a broader bank- Be it enacted by the Senate and House of Rep- the repayment options and protections ruptcy reform bill with little debate resentatives of the United States of America in Congress assembled, that federal loans offer. In 2013, the and no justification. There was no evi- SECTION 1. SHORT TITLE. Consumer Financial Protection Bureau dence that private student loan bor- This Act may be cited as the ‘‘Fairness for reported that the outstanding private rowers had abused the bankruptcy sys- Struggling Students Act of 2017’’. student loan debt in America was $165 tem to avoid repayment before 2005. SEC. 2. EXCEPTIONS TO DISCHARGE. billion, at least $8 billion of which was But, since the law changed in 2005, Section 523(a)(8) of title 11, United States then in default. As it turns out, many lenders have been incentivized to ex- Code, is amended by striking ‘‘dependents, students were steered into costly pri- tend expensive private student loans to for’’ and all that follows through the end of vate student loans by for-profit col- students that the students cannot subparagraph (B) and inserting ‘‘dependents, leges, often when the students still had repay and that they can never escape. for an educational benefit overpayment or loan made, insured, or guaranteed by a gov- eligibility for lower-cost federal loans. This is overwhelming for students and ernmental unit or made under any program One of those students is a woman an impairment on our overall economy. funded in whole or in part by a governmental named Marta, from Chicago, who wrote The Fairness for Struggling Students unit or an obligation to repay funds received to me about her story and asked me to Act will make important relief avail- from a governmental unit as an educational only use her first name. Marta came to able to students being crushed by pri- benefit, scholarship, or stipend;’’. the United States from Poland in 1994 vate student loan debt, and will dis- Mr. DURBIN. Today I am reintro- with her family, hoping for a better courage private lenders from extending ducing the Fairness for Struggling Stu- life. She is a U.S. citizen now, and has risky loans.

VerDate Sep 11 2014 05:58 May 26, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.027 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3218 CONGRESSIONAL RECORD — SENATE May 25, 2017 This bill is supported by a large coa- may make no sense when applied to substance abuse and to reauthorize lition of educational, student, civil community banks. For example, cur- grants to improve the well-being of rights and consumer organizations in- rent law requires community banks to families affected by substance abuse; cluding the American Association of demonstrate that they are in compli- to the Committee on Finance. Community Colleges, American Asso- ance with the Volcker Rule—which re- Mr. DAINES. Mr. President, I ask ciation of State Colleges and Univer- stricts proprietary trading and hedge unanimous consent that the text of the sities, American Association of Univer- fund investments by banks—even bill be printed in the RECORD. sity Women, American Council on Edu- though community banks rarely en- There being no objection, the text of cation, American Federation of Teach- gage in such trading. Even so, commu- the bill was ordered to be printed in ers, Association of Public and Land- nity banks must shoulder the burden of the RECORD, as follows: grant Universities, Center for Respon- complying with this complex regula- S. 1268 sible Lending, Consumer Action, Con- tion. My bill would allow the regu- sumer Federation of America, Con- lators to exempt community banks Be it enacted by the Senate and House of Rep- sumers Union, Demos, Empire Justice from the Volcker Rule. resentatives of the United States of America in Congress assembled, Center, NAACP, National Association As the GAO has noted, smaller banks of Consumer Bankruptcy Attorneys, are ‘‘disproportionately affected by in- SECTION 1. SHORT TITLE. National Consumer Law Center (on be- creased regulation, because they are This Act may be cited as the ‘‘Child Pro- half of its low income clients), Na- less able to absorb additional costs.’’ tection and Family Support Act of 2017’’. tional Association of College Admis- These costs are significant. According SEC. 2. FOSTER CARE MAINTENANCE PAYMENTS sion Counseling, National Association FOR CHILDREN WITH PARENTS IN A to industry representatives, the cost of LICENSED RESIDENTIAL FAMILY- of Consumer Advocates, National Asso- complying with regulations absorbs 12 BASED TREATMENT FACILITY FOR ciation of Student Financial Aid Ad- percent of total bank operating ex- SUBSTANCE ABUSE. ministrators, National Consumers penses, and is two-and-a-half times (a) IN GENERAL.—Section 472 of the Social League, Public Citizen, The Institute greater for small banks than for large Security Act (42 U.S.C. 672) is amended— for College Access and Success, UNCF, banks. (1) in subsection (a)(2)(C), by striking ‘‘or’’ and Young Invincibles. The cost of regulation puts commu- and inserting ‘‘, with a parent residing in a I want to thank the cosponsors of nity banks at a competitive disadvan- licensed residential family-based treatment this bill, Senators WHITEHOUSE, facility, but only to the extent permitted tage vis-a-vis larger banks. Over the under subsection (j), or in a’’; and FRANKEN, BLUMENTHAL, HIRONO, WAR- past two decades, the share of the U.S. (2) by adding at the end the following: REN, REED, WYDEN, BALDWIN, HASSAN, banking industry represented by com- ‘‘(j) CHILDREN PLACED WITH A PARENT RE- KAINE, and MURPHY for their support, munity banks has declined from 40 per- SIDING IN A LICENSED RESIDENTIAL FAMILY- and I hope more of my colleagues will cent to just 18 percent. Over the same BASED TREATMENT FACILITY FOR SUBSTANCE join us. period, the share of the market rep- ABUSE.— This is just one step of what we need resented by the five largest banks has ‘‘(1) IN GENERAL.—Notwithstanding the pre- to do to get control of the student debt grown from roughly 18 percent to 46 ceding provisions of this section, a child who crisis in our country. But it is a crit- is eligible for foster care maintenance pay- percent. I am concerned that unneces- ical step, and it is long overdue. Let’s ments under this section, or who would be el- sary regulation will accelerate these give struggling students a fair chance, igible for the payments if the eligibility were trends, and ironically, contribute to determined without regard to paragraphs By Ms. COLLINS: the further consolidation of the bank- (1)(B) and (3) of subsection (a), shall be eligi- S. 1264. A bill to amend the Federal ing industry into a handful of ‘‘too big ble for the payments for a period of not more Deposit Insurance Act to allow the to fail’’ banks. than 12 months during which the child is Federal Deposit Insurance Corporation Community banks play an essential placed with a parent who is in a licensed res- idential family-based treatment facility for to exempt certain depository institu- role in meeting the credit needs of their customers, particularly small substance abuse, but only if— tions from certain legal requirements, ‘‘(A) the recommendation for the place- and for other purposes; to the Com- businesses, homeowners, and farmers. ment is specified in the child’s case plan be- mittee on Banking, Housing, and Although community banks represent fore the placement; Urban Affairs. just 18 percent of total banking assets, ‘‘(B) the treatment facility provides, as Ms. COLLINS. Mr. President, I wish they are responsible for half of our na- part of the treatment for substance abuse, to introduce the Community Bank Sen- tion’s small business loans. With small parenting skills training, parent education, sible Regulation Act of 2017, a bill that business formation at generational and individual and family counseling; and would allow financial regulators to ex- lows, it is essential that we preserve ‘‘(C) the substance abuse treatment, par- empt community banks from unneces- and protect their access to credit, as enting skills training, parent education, and individual and family counseling is provided sary and unduly burdensome require- they are the major driver of job cre- under an organizational structure and treat- ments, if doing so is in the public inter- ation in our country. In addition, com- ment framework that involves under- est. My bill would provide this author- munity banks provide three-fourths of standing, recognizing, and responding to the ity to the FDIC, the Office of the our nation’s agricultural loans, a line effects of all types of trauma and in accord- Comptroller of the Currency, and the of finance that requires highly special- ance with recognized principles of a trauma- Federal Reserve and would apply to fi- ized knowledge of farming and a long- informed approach and trauma-specific nancial institutions with less than $10 term perspective suited to agricultural interventions to address the consequences of billion in assets. cycles. trauma and facilitate healing. ‘‘(2) APPLICATION.—With respect to chil- The aim of my legislation is to allow Regulators should be able to tailor the financial regulators to exempt dren for whom foster care maintenance pay- their regulations to take the distinc- ments are made under paragraph (1), only community banks from highly complex tive nature of community banks into the children who satisfy the requirements of regulations designed to protect our fi- account. My bill would allow regu- paragraphs (1)(B) and (3) of subsection (a) nancial system from systemic risks lators to exempt community banks shall be considered to be children with re- that would arise from the failure of from unnecessary and burdensome reg- spect to whom foster care maintenance pay- larger banks. All banks, large and ulations where it is in the public inter- ments are made under this section for pur- small, should be well-capitalized and est to do so. I urge my colleagues to poses of subsection (h) or section 473(b)(3)(B).’’. properly regulated, but that does not support it. mean that our financial regulators (b) CONFORMING AMENDMENT.—Section must impose a ‘‘one size fits all’’ regu- By Mr. DAINES (for himself and 474(a)(1) of the Social Security Act (42 U.S.C. 674(a)(1)) is amended by inserting ‘‘subject to latory regime across the board without Mr. PETERS): section 472(j),’’ before ‘‘an amount equal to regard to the risks posed to the finan- S. 1268. A bill to amend parts B and E the Federal’’. cial system by banks with fundamen- of title IV of the Social Security Act to SEC. 3. ENHANCEMENTS TO GRANTS TO IMPROVE tally different business models and of allow States to provide foster care WELL-BEING OF FAMILIES AF- vastly different sizes. maintenance payments for children FECTED BY SUBSTANCE ABUSE. Some regulations that are appro- with parents in a licensed residential Section 437(f) of the Social Security Act (42 priate or essential for larger banks family-based treatment facility for U.S.C. 629g(f)) is amended—

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.029 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3219 (1) in the subsection heading, by striking (iii) by adding at the end the following: outcome measures described in section ‘‘INCREASE THE WELL-BEING OF, AND TO IM- ‘‘(iii) SUFFICIENT PLANNING.—A grant 471(e)(6)’’; PROVE THE PERMANENCY OUTCOMES FOR, CHIL- awarded under this subsection shall be dis- (B) in subparagraph (B)— DREN AFFECTED BY’’ and inserting ‘‘IMPLE- bursed in 2 phases: a planning phase (not to (i) in the matter preceding clause (i), by in- MENT IV–E PREVENTION SERVICES, AND IM- exceed 2 years); and an implementation serting ‘‘base the performance measures on PROVE THE WELL-BEING OF, AND IMPROVE PER- phase. The total disbursement to a grantee lessons learned from prior rounds of regional MANENCY OUTCOMES FOR, CHILDREN AND FAMI- for the planning phase may not exceed partnership grants under this subsection, LIES AFFECTED BY METHAMPHETAMINE, HER- $250,000, and may not exceed the total antici- and’’ before ‘‘consult’’; and OIN, OPIOIDS, AND OTHER’’; pated funding for the implementation (ii) by striking clauses (iii) and (iv) and in- (2) by striking paragraph (2) and inserting phase.’’; and serting the following: the following: (C) by adding at the end the following: ‘‘(iii) Other stakeholders or constituencies ‘‘(2) REGIONAL PARTNERSHIP DEFINED.—In ‘‘(D) LIMITATION ON PAYMENT FOR A FISCAL as determined by the Secretary.’’; this subsection, the term ‘regional partner- YEAR.—No payment shall be made under sub- (8) in paragraph (9)(A), by striking clause ship’ means a collaborative agreement paragraph (A) or (C) for a fiscal year until (i) and inserting the following: (which may be established on an interstate, the Secretary determines that the eligible ‘‘(i) SEMIANNUAL REPORTS.—Not later than State, or intrastate basis) entered into by partnership has made sufficient progress in September 30 of each fiscal year in which a the following: meeting the goals of the grant and that the recipient of a grant under this subsection is ‘‘(A) MANDATORY PARTNERS FOR ALL PART- members of the eligible partnership are co- paid funds under the grant, and every 6 NERSHIP GRANTS.— ordinating to a reasonable degree with the months thereafter, the grant recipient shall ‘‘(i) The State child welfare agency that is other members of the eligible partnership.’’; submit to the Secretary a report on the serv- responsible for the administration of the (4) in paragraph (4)— ices provided and activities carried out dur- State plan under this part and part E. (A) in subparagraph (B)— ing the reporting period, progress made in ‘‘(ii) The State agency responsible for ad- (i) in clause (i), by inserting ‘‘, parents, and achieving the goals of the program, the num- ministering the substance abuse prevention families’’ after ‘‘children’’; ber of children, adults, and families receiv- and treatment block grant provided under (ii) in clause (ii), by striking ‘‘safety and ing services, and such additional information subpart II of part B of title XIX of the Public permanence for such children; and’’ and in- as the Secretary determines is necessary. Health Service Act. serting ‘‘safe, permanent caregiving rela- The report due not later than September 30 ‘‘(B) MANDATORY PARTNERS FOR PARTNER- tionships for the children;’’; of the last such fiscal year shall include, at SHIP GRANTS PROPOSING TO SERVE CHILDREN IN (iii) in clause (iii), by striking ‘‘or’’ and in- a minimum, data on each of the performance OUT-OF-HOME PLACEMENTS.—If the partner- serting ‘‘increase reunification rates for chil- indicators included in the evaluation of the ship proposes to serve children in out-of- dren who have been placed in out of home regional partnership.’’; and home placements, the Juvenile Court or Ad- care, or decrease’’; and (9) in paragraph (10), by striking ‘‘2012 ministrative Office of the Court that is most (iv) by redesignating clause (iii) as clause through 2016’’ and inserting ‘‘2018 through appropriate to oversee the administration of (v) and inserting after clause (ii) the fol- 2022’’. court programs in the region to address the lowing: population of families who come to the at- ‘‘(iii) improve the substance abuse treat- SEC. 4. EFFECTIVE DATE. tention of the court due to child abuse or ne- ment outcomes for parents including reten- The amendments made by this Act shall glect. tion in treatment and successful completion take effect on October 1, 2017. ‘‘(C) OPTIONAL PARTNERS.—At the option of of treatment; the partnership, any of the following: ‘‘(iv) facilitate the implementation, deliv- By Mrs. FEINSTEIN (for herself, ‘‘(i) An Indian tribe or tribal consortium. ery, and effectiveness of prevention services Mr. LEE, Mr. BLUMENTHAL, and ‘‘(ii) Nonprofit child welfare service pro- and programs under section 471(e); and’’; Mr. COTTON): viders. (B) in subparagraph (D), by striking S. 1272. A bill to preserve State, ‘‘(iii) For-profit child welfare service pro- ‘‘where appropriate,’’; and local, and tribal authorities and pri- viders. (C) by striking subparagraphs (E) and (F) vate property rights with respect to ‘‘(iv) Community health service providers, and inserting the following: unmanned aircraft systems, and for including substance abuse treatment pro- ‘‘(E) A description of a plan for sustaining other purposes; to the Committee on viders. the services provided by or activities funded ‘‘(v) Community mental health providers. under the grant after the conclusion of the Commerce, Science, and Transpor- ‘‘(vi) Local law enforcement agencies. grant period, including through the use of tation. ‘‘(vii) School personnel. prevention services and programs under sec- Mrs. FEINSTEIN. Mr. President, I ‘‘(viii) Tribal child welfare agencies (or a tion 471(e) and other funds provided to the rise today to introduce the Drone Fed- consortia of the agencies). State for child welfare and substance abuse eralism Act of 2017. This good govern- ‘‘(ix) Any other providers, agencies, per- prevention and treatment services. ment bill provides a clear legal frame- sonnel, officials, or entities that are related ‘‘(F) Additional information needed by the work to the modern day challenges of to the provision of child and family services Secretary to determine that the proposed ac- under a State plan approved under this sub- tivities and implementation will be con- drone regulation and empowers every part. sistent with research or evaluations showing level of government to issue reasonable ‘‘(D) EXCEPTION FOR REGIONAL PARTNER- which practices and approaches are most ef- restrictions on drone operations. I SHIPS WHERE THE LEAD APPLICANT IS AN IN- fective.’’; thank Senators LEE, BLUMENTHAL, and DIAN TRIBE OR TRIBAL CONSORTIA.—If an In- (5) in paragraph (5)(A), by striking ‘‘abuse COTTON for joining me on this bill, and dian tribe or tribal consortium enters into a treatment’’ and inserting ‘‘use disorder I appreciate their support. regional partnership for purposes of this sub- treatment including medication assisted In recent years, small unmanned air- section, the Indian tribe or tribal consor- treatment and in-home substance abuse dis- craft have emerged as a transformative tium— order treatment and recovery’’; ‘‘(i) may (but is not required to) include (6) in paragraph (7)— new technology. These devices—more the State child welfare agency as a partner (A) by striking ‘‘and’’ at the end of sub- commonly known as drones—are high- in the collaborative agreement; paragraph (C); and ly capable, commercially available, ‘‘(ii) may not enter into a collaborative (B) by redesignating subparagraph (D) as and operable even by novice con- agreement only with tribal child welfare subparagraph (E) and inserting after sub- sumers. agencies (or a consortium of the agencies); paragraph (C) the following: The way that drones are flown in the and ‘‘(D) demonstrate a track record of suc- daily life of our communities and in ‘‘(iii) if the condition described in para- cessful collaboration among child welfare, such great numbers has raised new graph (2)(B) applies, may include tribal court substance abuse disorder treatment and organizations in lieu of other judicial part- mental health agencies; and’’; challenges for safety, privacy, and se- ners.’’; (7) in paragraph (8)— curity that demand cooperation be- (3) in paragraph (3)— (A) in subparagraph (A)— tween the federal, state, and local gov- (A) in subparagraph (A)— (i) by striking ‘‘establish indicators that ernments. (i) by striking ‘‘2012 through 2016’’ and in- will be’’ and inserting ‘‘review indicators Today, drone operations present an serting ‘‘2018 through 2022’’; and that are’’; and astounding array of challenges. In just (ii) by striking ‘‘$500,000 and not more than (ii) by striking ‘‘in using funds made avail- two years, over 2,500 drone incidents $1,000,000’’ and inserting ‘‘$250,000 and not able under such grants to achieve the pur- have been reported to the Federal more than $1,000,000’’; pose of this subsection’’ and inserting ‘‘and Aviation Administration, or FAA. The (B) in subparagraph (B)— establish a set of core indicators related to (i) in the subparagraph heading, by insert- child safety, parental recovery, parenting ca- most recent year of data, from October ing ‘‘; PLANNING’’ after ‘‘APPROVAL’’; pacity, and family well-being. In developing 2015 to October 2016, saw the number of (ii) in clause (i), by striking ‘‘clause (ii)’’ the core indicators, to the extent possible, incidents surge 166% over the prior and inserting ‘‘clauses (ii) and (iii)’’; and indicators shall be made consistent with the year. In addition, there have been some

VerDate Sep 11 2014 01:56 Aug 22, 2017 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD17\MAY\S25MY7.REC S25MY7 S3220 CONGRESSIONAL RECORD — SENATE May 25, 2017 alarming reports. On February 26th, WHAT THE BILL DOES be no question that a State has a right 2017, a drone crashed through the 27th The Drone Federalism Act would ad- to prevent drones from interfering with floor window of a Manhattan apart- dress the modern challenges of drone emergency responders or delivering ment building in New York City. The operations and provide a clear legal contraband into prisons; to criminalize next month, on March 28th, a drone framework to regulate drones. The bill hit-and-runs, voyeurism, stalking, or crashed through the 23rd floor window has three provisions. harassment with a drone; to allow of City Hall in Buffalo, New York. First, the bill preserves the authority judges to deny drones to sex offenders. Drones have repeatedly interfered with of State, Tribal, and local governments Neither should there be any question medical helicopters. On May 1st, 2016, a to issue reasonable restrictions on the that a State or municipality has a medevac helicopter trying to land at time, manner, and place of drone oper- right to restrict the use of drones Florida Hospital East in Orlando was ations within 200 feet of the ground or where it would be hazardous. Just as forced to abort its initial landing be- a structure. These could include speed the federal government has banned cause of a drone. On November 14, 2015, limits, local no-fly zones, temporary drone operations over Federal Parks, a helicopter leaving children’s hospital restrictions, and prohibitions on reck- States should have the option to pro- in St. Louis, Missouri had to take eva- less or drunk operators, for example. tect State parks. Just as the Federal sive action to avoid a drone, banking 60 There are regulations that the FAA Government banned flights over sen- degrees. Drones also interfere with must issue uniformly throughout the sitive areas, like the entire Capital re- emergency wild fire fighting. On April country to ensure the safety and effi- gion, cities should have the option to 30, 2017, multiple drones filming the ciency of the national airspace. This protect schools or other sensitive areas Opera fire in Riverside, California bill does not interfere with that au- of their own. Just as the Federal Gov- forced firefighting helicopters to sus- thority. However, the bill does require ernment can impose temporary flight pend operations. This happened eight the FAA to consider legitimate state restrictions over major sporting events times in 2015, and another eight times and local interests when exercising pre- or airshows, a county should have the in 2016, in California alone. Drones emption, and to respect any reasonable option to protect its summer fair- have also crashed into the Golden Gate additional low-altitude restrictions grounds or holiday parade route. Bridge, including twice last month. On that state and local governments CONCLUSION April 1st, a drone flown almost two choose to impose. The Drone Federalism Act that I am miles beyond line of site fell from the Second, the bill reaffirms that the introducing today, along with Senators sky into a lane of traffic, only a few federal government will respect private LEE, BLUMENTHAL, and COTTON, is a feet from the crowded sidewalk. Again property rights to the airspace in the proactive, affirmative solution. It rec- on April 9th, another drone flown be- immediate reaches above a property, ognizes the federal interest in pro- yond line of site crashed one of the including at least the first 200 feet. tecting the safety and efficiency of the bridge’s towers. Neither Congress nor the FAA may au- national airspace, while also respecting These incidents are occurring thorize drone operations immediately private property rights, Tribal sov- throughout the nation, but each state over property without the owner’s per- ereignty, the powers reserved to the has faced its own challenges. Half of all mission. States by the Tenth Amendment, and reported incidents came from just five Third, the bill promotes cooperation the general principle of local self-deter- States: California, Florida, New York, between the levels of government by mination. Texas, and New Jersey. directing the FAA to partner with a di- This bill will invite the democratic In fact, one-fifth of all drone inci- verse group of cities and States to test participation of government at every dents reported to the FAA occurred in out different approaches and report on level, avoid the need for years of litiga- California. What works for protecting best practices. tion about the scope of preemption, urban areas will be different than what STATE AND LOCAL GOVERNMENTS REGULATE and enable effective local enforcement. is needed in rural areas. DRONES It is incumbent on Congress to provide The current legal framework for The Drone Federalism Act is con- clarity and to guarantee all sides an managing the airspace, which evolved sistent with the recent action taken by equal voice moving forward. over a century of manned aviation, is a States to regulate drone operations. In This bipartisan bill is the way to do poor fit for these new challenges. response to drone incidents and the that. Drones bear little resemblance to the concerns of their communities, law- manned aircraft that came before makers throughout the country have By Mrs. FEINSTEIN (for herself, them. identified the need for a variety of new Mr. GRASSLEY, Mr. DURBIN, Mr. First, drones intrude into the every- approaches to managing drones. In- TILLIS, and Mrs. ERNST): day life of our communities in a way deed, at least 38 States are considering S. 1276. A bill to require the Attorney that airplanes do not. Airplanes fly drone legislation this year, according General to make a determination as to into and out of airports, and munici- to the National Conference of State whether cannabidiol should be a con- palities can try through zoning to min- Legislatures. trolled substance and listed in a sched- imize disruptions. Drones, on the other These proposals include: definitions ule under the Controlled Substances hand, can take flight from any loca- of harassment and voyeurism, airport Act and to expand research on the po- tion, can hover anonymously overhead, protections, penalties for interfering tential medical benefits of cannabidiol and are often used to film whatever as- with emergency responders, protec- and other marihuana components; to pect of public or private life may catch tions against the delivery of contra- the Committee on the Judiciary. the operator’s interest of the opera- band at prisons, bans on flights over Mrs. FEINSTEIN. Mr. President, I tor’s. football games, and definitions of aer- rise today to introduce the Cannabidiol Second, drones are seldom engaged in ial trespass, among others. Research Expansion Act with my col- interstate commerce once they have This exercise of the laboratories of leagues, Senators Grassley, Durbin, been purchased. Short communication democracy is appropriate. Our commu- Tillis, and Ernst. range and limited battery life means nities should not have to rely on an al- Cannabidiol, or CBD, is a that commercially available drones are ready overburdened federal agency to nonpsychoactive component of mari- almost always operated locally, and craft specific regulatory protections juana. In many instances parents, after are unlikely to be operated across state for every local context, supply on-the- exhausting other treatment options, lines. ground enforcement agents, or pursue have turned to CBD to as a last resort Third, there are far more drones than complicated civil cases in court for to treat their children who have intrac- there are airplanes. Already, more than every infraction. Local police should be table epilepsy. Anecdotally, CBD has 750,000 drones have been registered, and empowered to issue citations akin to a produced positive results. the FAA anticipates up to 4 million traffic violation for clear-cut infrac- However, due to existing barriers and drones by 2020. By contrast, there are tions, without having to prove an ac- the fact that marijuana is a schedule I little more than 200,000 manned air- tion meets a vague tort law standards drug, rigorous research that is needed craft registered in the United States. of negligence and harm. There should to better understand the long-term

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.036 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3221 safety and efficacy of CBD as a medi- and that the potential benefits out- Tokyo.’’ After the war, Mr. Thatcher cine, as well as the correct dosing and weigh the harms of using these embarked on a career with the U.S. potential interaction with other medi- nonpsychoactive components of mari- Postal Service and married his sweet- cations, is lacking. juana. The neurologist must also agree heart Dawn. Their marriage spanned The Cannabidiol Research Expansion to monitor the patient for potential ad- seven decades until he passed away last Act seeks to both reduce these barriers verse reactions. June at the age of 94. and spur additional research to ensure Finally, because existing Federal re- In Billings, the Community Based that CBD and other marijuana-derived search is severely lacking, the bill di- Outpatient Clinic on Spring Creek medications are based on the most up rects the Department of Health and Lane will be designated in honor of Dr. to date scientific evidence. It also pro- Human Services to expand, intensify, Joseph Medicine Crow. Dr. Medicine vides a pathway for the manufacture and coordinate research to determine Crow was an accomplished warrior and and distribution of FDA-approved the potential medical benefits of CBD esteemed historian. He was born on the drugs that are based on this research. or other marijuana-derived medica- Crow Indian Reservation in eastern It does this while maintaining safe- tions on serious medical conditions. Montana and traveled across the U.S. guards to protect against illegal diver- The 2016 National Academy of while pursuing his education. In 1939, sion. Sciences report, titled ‘‘The Health Ef- Dr. Medicine Crow earned his master’s First, the bill directs the Depart- fects of Cannabis and Cannabinoids: degree from the University of Southern ments of Justice and Health and The Current State of Evidence and California, becoming the first member Human Services to complete a sci- Recommendations for Research’’ un- of the Crow Tribe to attain that cre- entific and medical evaluation of CBD derscored the need to reduce research dential. In 1943 he joined the United within 1 year. Based on this evalua- barriers, increase the supply of CBD States Army. While serving as an tion, the legislation directs the Depart- and marijuana for research purposes, Army scout during World War II, Dr. ment of Justice to make a scheduling and address existing research gaps. Medicine Crow fulfilled the four re- recommendation for CBD that is inde- The Cannabidiol Research Expansion quirements to become a war chief. pendent of marijuana. This may in- Act seeks to do just this. While fighting against the German clude transferring the schedule of CBD This bill is critical to helping fami- forces he led a war party, stole an to another schedule, or removing it lies across the country as they seek enemy horse, disarmed an enemy, and from the list of controlled substances safe, effective medicines for serious ill- touched an enemy without killing him. altogether. A scheduling recommenda- nesses. I hope my colleagues will join Later in life he served as the Crow trib- tion for CBD that is independent of me in supporting this important legis- al historian, received multiple hon- marijuana has never been done before. lation. orary doctorate degrees, and spoke at Second, without sacrificing appro- venues across the Nation. He was the priate oversight, it streamlines the By Mr. DAINES (for himself and last Crow war chief, and his passing regulatory process for marijuana re- Mr. TESTER): last April, at the age of 102, was a loss search. In particular, it improves regu- S. 1282. A bill to redesignate certain to our Nation. For his lifetime of serv- lations dealing with changes to ap- clinics of the Department of Veterans ice to the Crow Tribe, the State of proved quantities of marijuana needed Affairs located in Montana; to the Montana, and to United States, Dr. for research and approved research pro- Committee on Veterans’ Affairs. Medicine Crow was awarded the Presi- tocols. It also expedites the Drug En- Mr. DAINES. Mr. President, today I dential Medal of Freedom. forcement Administration registration would like to recognize the commit- The Billings Community Based Spe- process for researching CBD and mari- ment to duty and personal courage of cialty Clinic located on Majestic Lane juana. three Montanans by introducing a bill will be designated in honor of Ben- Third, this legislation seeks to in- to redesignate three Department of jamin Charles Steele. Mr. Steele is re- crease medical research on CBD, while Veterans Affairs facilities in their membered by Montanans as a ranch simultaneously reducing the stigma as- honor. Through their distinguished hand, teacher, artist, and Bataan sociated with conducting research on a service to our Nation, the actions of Death March survivor. Born and raised schedule I drug. It does so by explicitly these three gentlemen have earned the in Montana, he joined the U.S. Army authorizing medical and osteopathic respect and gratitude of the Treasure Air Corps in 1940. After he was captured schools, research universities, practi- State. by the Japanese, Mr. Steele’s sturdy tioners and pharmaceutical companies Under this resolution, the Commu- fortitude helped him endure a 66-mile to use a schedule II Drug Enforcement nity Based Outpatient Clinic on Palm- trek in the Philippines, a prisoner ship, Administration registration to conduct er Street in Missoula will be des- and a forced labor camp. He was a pris- authorized medical research on CBD. ignated in honor of David J. Thatcher. oner of war in the Pacific Theater of Fourth, the bill allows medical Mr. Thatcher was an outstanding Mon- World War II for a total of 1,244 days. schools, research institutions, practi- tanan. The humble circumstances of Using charcoal to sketch on concrete, tioners, and pharmaceutical companies his upbringing in rural, eastern Mon- he withstood the harsh treatment in to produce the marijuana they need for tana helped him develop a strong work captivity and honed his artistic tal- authorized medical research. This will ethic. In 1940, with war raging across ents. His artistic expressions were cap- ensure that researchers have access to Europe and the clouds of war on the tured on contraband paper, and some of the material they need to develop prov- horizon for the United States, he en- the works he created in captivity were en, effective medicines. Once the FDA listed in the U.S. Army Air Corps. preserved and went on tour through the approves these medications, the bill al- Following the attack on Pearl Har- Nation after the war. In August of last lows pharmaceutical companies to bor, he volunteered to serve as a tail year, we lost a warrior-artist when Mr. manufacture and distribute them. gunner for a high risk mission to at- Steele passed away at his home in Fifth, the bill allows parents who tack targets deep within Japanese con- Montana at the age of 98. have children with intractable epi- trolled territory. This counterattack The World War II generation pro- lepsy, as well as adults with intrac- would be known to history as the Doo- duced many heroes. In 2016, Montana table epilepsy, to possess and transport little Raid. After finishing the bombing lost three of our greatest heroes when CBD or other nonpsychoactive compo- mission and running low on fuel, his Thatcher, Medicine Crow and Steele nents of marijuana used to treat this aircraft crash landed near the coast of completed their earthly tours of duty. disease while research is ongoing. To China. Mr. Thatcher was instrumental In 2017 it is fitting that we honor their do so, parents and adults must provide in helping the crew reach safety fol- service and their remarkable lives by documentation that they or their child lowing the crash and for his actions naming three Veterans Affairs facili- have been treated by a board-certified during the Doolittle Raid, he was ties in their honor. Each generation of neurologist for at least 6 months. They awarded the Silver Star. A few years veterans using these facilities will help must also have documentation that the later, the actor Robert Walker por- keep their memories alive. Their neurologist has attested that other trayed Corporal Thatcher on the silver unique stories will inspire the future treatment options have been exhausted screen in ‘‘Thirty Seconds Over generation of warriors to defend our

VerDate Sep 11 2014 05:58 May 26, 2017 Jkt 069060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.033 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3222 CONGRESSIONAL RECORD — SENATE May 25, 2017 Nation and preserve our cherished indi- Mrs. SHAHEEN, Ms. HEITKAMP, House to impose further restrictions on vidual liberties. Mr. BROWN, Ms. BALDWIN, Ms. the normalization of relations with Mr. President, I ask unanimous con- HIRONO, Mr. SCHATZ, Mr. MAR- Cuba. I hope that is not the case. I hope sent that the text of the bill be printed KEY, Mrs. MCCASKILL, Mr. the review produces a policy based on in the RECORD. PAUL, Mr. WYDEN, Mr. KAINE, what is in the U.S. national security There being no objection, the text of Mr. KING, Mr. FRANKEN, Ms. interest and on what is in the interests the bill was ordered to be printed in WARREN, Mr. BENNET, Mr. HEIN- of the American and Cuban people, an the RECORD, as follows: RICH, Mr. SANDERS, Mr. TESTER, overwhelming majority of whom want S. 1282 Mr. WARNER, Ms. CANTWELL, closer relations. And I hope the policy Be it enacted by the Senate and House of Rep- Mr. BLUMENTHAL, Mrs. MURRAY, reflects the bipartisan majority in Con- resentatives of the United States of America in Mr. SCHUMER, Mrs. GILLIBRAND, gress that supports expanding our en- Congress assembled, Mr. NELSON, Mr. DONNELLY, Mr. gagement with Cuba, as evidenced by SECTION 1. REDESIGNATION OF CERTAIN DE- CASSIDY, Mr. PETERS, Mr. CAR- the bill we are introducing today. PARTMENT OF VETERANS AFFAIRS PER, Mr. MANCHIN, Mr. VAN I and others who have traveled to CLINICS IN MONTANA. HOLLEN, Ms. HARRIS, Mr. Cuba many times over the past 20 (a) DAVID J. THATCHER DEPARTMENT OF ASEY RAPO years, who have met with Cuban offi- VETERANS AFFAIRS CLINIC.— C , Mr. C , Ms. DUCKWORTH, Mr. DAINES, Ms. cials, with Cubans who have been per- (1) DESIGNATION.—The clinic of the Depart- secuted for opposing the Castro govern- ment of Veterans Affairs located at 2687 HASSAN, and Mr. HELLER): Palmer Street in Missoula, Montana, shall S. 1287. A bill to allow United States ment, and with many others, have re- after the date of the enactment of this Act citizens and legal residents to travel quested meetings with top White House be known and designated as the ‘‘David J. between the United States and Cuba; to officials before the review is completed Thatcher Department of Veterans Affairs the Committee on Foreign Relations. and any final decisions are made. Clinic’’. Mr. LEAHY. Mr. President, today I Every one of us wants to see an end (2) REFERENCES.—Any reference in any law, am very pleased to join my friend, the to political repression in Cuba. The ar- regulation, map, document, paper, or other junior Senator from Arizona, in intro- rests and physical mistreatment of dis- record of the United States to the clinic re- sidents by the Cuban government are ferred to in paragraph (1) shall be considered ducing the Freedom for Americans to Travel to Cuba Act of 2017. deplorable, just as they are by other to be a reference to the David J. Thatcher governments including some, like Department of Veterans Affairs Clinic. I will have more to say about this Egypt’s and Turkey’s, whose leaders (b) DR. JOSEPH MEDICINE CROW DEPART- bill, and United States policy toward MENT OF VETERANS AFFAIRS CLINIC.— Cuba, in the weeks and months ahead. have been feted at the White House, or, (1) DESIGNATION.—The clinic of the Depart- My purpose in speaking today is simply in the case of Saudi Arabia, have feted ment of Veterans Affairs located at 1775 to point out that 55 Democratic and President Trump and his family. Amer- Spring Creek Lane in Billings, Montana, Republican members of the Senate icans can travel freely to Egypt, Tur- shall after the date of the enactment of this key, Saudi Arabia, and every other Act be known and designated as the ‘‘Dr. Jo- have cosponsored this bill to allow Americans to travel to Cuba in the country, except Cuba. seph Medicine Crow Department of Veterans The issue is how best to support the same way that they can travel to any Affairs Clinic’’. people of Cuba who struggle to make (2) REFERENCES.—Any reference in any law, other country in the world. And based ends meet, and who want to live in a regulation, map, document, paper, or other on my conversations with other Sen- country where freedom of expression record of the United States to the clinic re- ators, especially Republicans, I have ferred to in paragraph (1) shall be considered and association are protected, and little doubt that if we voted on this bill where they can choose their own lead- to be a reference to the Dr. Joseph Medicine today more than 60 Senators would Crow Department of Veterans Affairs Clinic. ers in a democratic manner. (3) PUBLIC DISPLAY OF NAME.— support it. Anyone who thinks that more eco- It is indefensible that the Federal (A) IN GENERAL.—Any local public display nomic pressure, or ultimatums, will of the name of the clinic referred to in para- government currently restricts Amer- force the Cuban authorities to stop ar- graph (1) carried out by the United States or ican citizens and legal resident from resting political dissidents and em- through the use of Federal funds shall in- traveling to a country 90 miles away brace democracy have learned nothing clude the English name, Dr. Joseph Medicine that poses no threat to us, unless they Crow, and the Crow name, Dakaak Baako, of from history. For more than half a cen- engage in certain activities and not tury we have tried a policy of unilat- Dr. Joseph Medicine Crow. others. For example, an American biol- (B) LOCAL DISPLAY.—For purposes of sub- eral sanctions and isolation, and it has paragraph (A), a local public display of the ogist can go to Cuba to study threat- achieved neither of those goals. In- name of the clinic referred to in paragraph ened species of migratory birds. That stead, it has been used by the Cuban (1) includes a display inside the clinic, on the same American cannot take his family government as an excuse for repression campus of the clinic, and in the community on a trip to visit Cuba’s national parks. to protect Cuba’s sovereignty. It has surrounding the clinic, such as signs direct- Why? Because one is defined as sci- hurt the Cuban people, not the Cuban ing individuals to the clinic. entific research and the other is de- government. And it has provided an (c) BENJAMIN CHARLES STEELE DEPARTMENT fined as tourism. OF VETERANS AFFAIRS CLINIC.— opening for our adversaries and com- At a time when U.S. airlines and petitors, like Russia and China, in this (1) DESIGNATION.—The clinic of the Depart- cruise ships are flying and sailing to ment of Veterans Affairs located at 1766 Ma- hemisphere. jestic Lane in Billings, Montana, shall after Cuba, does anyone here honestly think Change is coming to Cuba, and we the date of the enactment of this Act be that preventing Americans from trav- can help support that process. There is known and designated as the ‘‘Benjamin eling is an appropriate role of the Fed- already visible, tangible evidence that Charles Steele Department of Veterans Af- eral government? Why only Cuba? Why the changes in U.S. policy initiated by fairs Clinic’’. not Venezuela? Or Russia? Or Iran, or President Obama are having positive (2) REFERENCES.—Any reference in any law, anywhere else? It is a vindictive, dis- effects for the Cuban people and for our regulation, map, document, paper, or other criminatory, self-defeating vestige of a security and economic relations with record of the United States to the clinic re- time long passed. This bill would end ferred to in paragraph (1) shall be considered Cuba, even though critics, particularly to be a reference to the Benjamin Charles these Cold War restrictions on the free- those who have never been to Cuba, Steele Department of Veterans Affairs Clin- dom of Americans to travel. It would prefer to deny it. ic. not do away with the embargo. But most importantly, the bipartisan We are told that the Trump Adminis- bill we are introducing today is about By Mr. FLAKE (for himself, Mr. tration is conducting a review of U.S. the right of Americans, not Cubans, to LEAHY, Mr. MORAN, Mr. DURBIN, policy toward Cuba. That is to be ex- travel. Any member of Congress, espe- Mr. ENZI, Mr. UDALL, Mr. BOOZ- pected of a new administration. We cially those who have been to Cuba, MAN, Mr. WHITEHOUSE, Ms. COL- have also heard a rumor, and I hope it should support the right of their con- LINS, Ms. KLOBUCHAR, Mr. is only a rumor, that in return for the stituents to do so. American citizens MERKLEY, Mr. REED, Ms. STABE- votes of certain Senators or represent- are our best Ambassadors to Cuba, and NOW, Mr. MURPHY, Mr. COONS, ative on health care legislation, prom- it is wrong for the United States gov- Mr. CARDIN, Mrs. FEINSTEIN, ises may have been made by the White ernment to be imposing restrictions

VerDate Sep 11 2014 05:58 May 26, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.037 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3223 that have no place in the law books of SENATE RESOLUTION 180—CON- Whereas in 2016, members of Turkish Presi- a free society. DEMNING THE VIOLENCE dent Erdogan’s security detail engaged in AGAINST PEACEFUL PRO- unwarranted violence against journalists re- TESTERS OUTSIDE THE TURKISH porting on an event at the Brookings Insti- f tution; AMBASSADOR’S RESIDENCE ON Whereas Secretary of State Rex Tillerson SUBMITTED RESOLUTIONS MAY 16, 2017, AND CALLING FOR said on May 21, 2017, that the violence out- THE PERPETRATORS TO BE side the Turkish Embassy was ‘‘outrageous’’ BROUGHT TO JUSTICE AND and ‘‘simply unacceptable’’; and MEASURES TO BE TAKEN TO Whereas the right to assembly, peaceful SENATE RESOLUTION 179—EX- PREVENT SIMILAR INCIDENTS IN protest, and freedom of speech are essential PRESSING SUPPORT FOR THE THE FUTURE and protected rights in the United States: Now, therefore, be it DESIGNATION OF JUNE 2, 2017, Mr. MARKEY submitted the fol- Resolved, That it is the sense of the Senate AS ‘‘NATIONAL GUN VIOLENCE lowing resolution; which was referred that— AWARENESS DAY’’ AND JUNE to the Committee on Foreign Rela- (1) the rights to peacefully assemble and 2017 AS ‘‘NATIONAL GUN VIO- tions: freely express one’s views are essential to LENCE AWARENESS MONTH’’ S. RES. 180 the fabric of American democracy; (2) the Turkish security forces acted in an Mr. DURBIN (for himself, Ms. Whereas, on May 16, 2017, President Donald J. Trump hosted President Recep Tayyip unprofessional and brutal manner, reflecting DUCKWORTH, Mrs. FEINSTEIN, Mr. Erdogan of Turkey, a longstanding NATO poorly on President Erdogan and the Govern- FRANKEN, Mr. COONS, Mr. BLUMENTHAL, ally, for an official meeting at the White ment of Turkey; Mr. MARKEY, Mr. CARPER, and Mr. House to discuss counterterrorism coopera- (3) any Turkish security officials who di- KAINE) submitted the following resolu- tion and bilateral issues; rected, oversaw, or participated in efforts by tion; which was referred to the Com- Whereas, on the evening of May 16, 2017, Turkish security forces to illegally suppress mittee on the Judiciary: over two dozen protesters gathered outside peaceful protests on May 16, 2017, should be of the Turkish Ambassador’s residence in charged and prosecuted under United States S. RES. 179 Washington, DC, to demonstrate opposition law; Whereas, each year, more than— to Turkish government policies; (4) the United States Secret Service and (1) 32,000 people in the United States are Whereas after hours of peaceful protest, vi- the Diplomatic Security Service of the De- killed and 80,000 are injured by gunfire; olence erupted when pro-Erdogan supporters partment of State should review this inci- dent and confirm with the Turkish National (2) 11,000 people in the United States are and individuals from the Turkish Embassy Police the standards expected by visiting se- killed in homicides involving firearms; grounds pushed past District of Columbia po- lice officers to brutally attack the dem- curity details to prevent future violent inci- (3) 21,000 people in the United States com- dents; mit suicide by using firearms; and onstrators; Whereas those Turkish officials blatantly (5) the Department of State should imme- (4) 500 people in the United States are suppressed the First Amendment rights of diately request the waiver of immunity of killed in accidental shootings; United States citizens, and multiple armed any Turkish security detail official engaged Whereas, since 1968, more people have died Turkish security officials beat, kicked, and in any assault in the United States prior to from guns in the United States than on the choked unarmed demonstrators; release of that individual from custody; battlefields of all the wars in the history of Whereas multiple video recordings of the (6) the Department of State should conduct the United States; violence and reports by the Metropolitan Po- a review of its own security procedures to de- Whereas, by 1 count, in 2016 in the United lice Department of the District of Columbia termine how to mitigate the likelihood of States there were— and the Department of State confirm that such an event in the future; (1) 384 mass shooting incidents in which the demonstrators did not instigate the vio- (7) the United States respect for free not fewer than 4 people were killed or lence; speech requires officials of the United States wounded by gunfire; and Whereas at least 11 individuals were seri- to speak out against such incidents; and (2) 48 incidents in which a gun was fired in ously injured in the ensuing brawl, with two (8) the United States should take steps to a school; individuals requiring immediate hospitaliza- strengthen freedoms for the press and civil Whereas gun violence typically escalates tion; society in countries such as Turkey, and during the summer months; Whereas two armed Turkish security offi- combat efforts by foreign leaders to suppress Whereas, every 70 minutes, 1 individual in cers attached to a security detail were de- free and peaceful protest in their own coun- the United States under 25 years of age dies tained at the scene for physically assaulting tries. because of gun violence and more than 6,300 Federal agents; f such individuals die annually, including Whereas those two Turkish security offi- Hadiya Pendleton, who, in 2013, was killed at cers were later released and subsequently al- SENATE RESOLUTION 181—DESIG- 15 years of age while standing in a Chicago lowed to leave the United States because NATING THE WEEK OF MAY 21 park; and they held Derived Head of State immunity; THROUGH MAY 27, 2017, AS ‘‘NA- Whereas, on June 2, 2017, on what would Whereas the Department of State did not have been Hadiya Pendleton’s 20th birthday, request that Turkey waive the immunity for TIONAL PUBLIC WORKS WEEK’’ people across the United States will recog- these two security officers in order to fully Mr. INHOFE (for himself and Ms. nize National Gun Violence Awareness Day investigate the assault prior to their being HARRIS) submitted the following reso- and wear orange in tribute to Hadiya and released from custody; lution; which was considered and other victims of gun violence and their loved Whereas a joint criminal investigation agreed to: ones: Now, therefore, be it into the incident is ongoing with the com- Resolved, That the Senate— bined efforts of the Washington Metropolitan S. RES. 181 (1) supports— Police Department, the United States Secret Whereas public works infrastructure, fa- (A) the designation of June 2017 as ‘‘Na- Service, and the Department of State Diplo- cilities, and services are of vital importance tional Gun Violence Awareness Month’’ and matic Security Service; to the health, safety, and well-being of the the goals and ideals of that month; and Whereas at no point was President people of the United States; (B) the designation of June 2, 2017, as ‘‘Na- Erdogan in danger; Whereas the public works infrastructure, tional Gun Violence Awareness Day’’ in re- Whereas immunity for diplomatic per- facilities, and services could not be provided membrance of the victims of gun violence; sonnel and certain other foreign officials is a without the dedicated efforts of public works and core principle of international law, as is the professionals, including engineers and ad- (2) calls on the people of the United States right to protest peacefully and freely in the ministrators, who represent State and local to— United States; governments throughout the United States; (A) promote greater awareness of gun vio- Whereas this is the third instance of vio- Whereas public works professionals design, lence and gun safety; lence perpetrated by members of Turkish build, operate, and maintain the transpor- (B) wear orange, the color that hunters President Erdogan’s security detail in the tation systems, water infrastructure, sewage wear to show that they are not targets, on United States; and refuse disposal systems, public buildings, June 2; Whereas in 2011, a brawl erupted in the and other structures and facilities that are (C) concentrate heightened attention on halls of the United Nations General Assem- vital to the people and communities of the gun violence during the summer months, bly between members of Turkish President United States; and when gun violence typically increases; and Erdogan’s security detail and United Nations Whereas understanding the role that public (D) bring citizens and community leaders security officers, resulting in one United Na- infrastructure plays in protecting the envi- together to discuss ways to make commu- tions security officer being hospitalized due ronment, improving public health and safe- nities safer. to serious injuries; ty, contributing to economic vitality, and

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.039 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3224 CONGRESSIONAL RECORD — SENATE May 25, 2017 enhancing the quality of life of every com- SENATE RESOLUTION 183—RECOG- American member of a presidential cabinet, munity of the United States is in the inter- NIZING THE SIGNIFICANCE OF Elaine L. Chao, the first Asian American est of the people of the United States: Now, MAY 2017 AS ASIAN/PACIFIC woman member of a presidential cabinet, therefore, be it AMERICAN HERITAGE MONTH Mee Moua, the first Hmong American elect- Resolved, That the Senate— ed to a State legislature, and others, have AND AS AN IMPORTANT TIME TO made significant contributions in both the (1) designates the week of May 21 through CELEBRATE THE SIGNIFICANT Government and Armed Forces of the United May 27, 2017, as ‘‘National Public Works CONTRIBUTIONS OF ASIAN States; Week’’; AMERICANS AND PACIFIC IS- Whereas 2017 marks several important (2) recognizes and celebrates the important milestones for the Asian American and Pa- contributions that public works profes- LANDERS TO THE HISTORY OF THE UNITED STATES cific Islander community, including— sionals make every day to improve— (1) the 155th anniversary of the date of en- (A) the public infrastructure of the United Mr. SCHUMER (for Ms. HIRONO (for actment of the Act of July 1, 1862 (12 Stat. States; and herself, Ms. DUCKWORTH, Ms. HARRIS, 489, chapter 120), which promoted the con- (B) the communities that public works pro- Ms. MURKOWSKI, Ms. CANTWELL, Mr. struction of the transcontinental railroad; fessionals serve; and BOOKER, Mr. KAINE, Ms. CORTEZ MASTO, (2) the 135th anniversary of the date of en- (3) urges individuals and communities Mr. FRANKEN, Mr. BENNET, Mr. MAR- actment of the Act entitled ‘‘An Act to exe- throughout the United States to join with cute certain treaty stipulations relating to KEY, Mr. BLUMENTHAL, Mr. SCHATZ, Mr. representatives of the Federal Government Chinese’’, approved May 6, 1882 (22 Stat. 58, and the American Public Works Association MENENDEZ, Mr. CARDIN, Mrs. MURRAY, chapter 126); in activities and ceremonies that are de- Mr. COONS, Mr. DURBIN, Mr. MERKLEY, (3) the 105th anniversary of the first plant- signed— Ms. KLOBUCHAR, Mrs. FEINSTEIN, Mr. ing of a cherry tree from Japan in Wash- (A) to pay tribute to the public works pro- GARDNER, Mr. CASEY, and Mr. HELLER)) ington, DC; fessionals of the United States; and submitted the following resolution; (4) the 75th anniversary of the signing of (B) to recognize the substantial contribu- which was considered and agreed to: Executive Order 9066 (7 Fed. Reg. 1407; relat- ing to authorizing the Secretary of War to tions that public works professionals make S. RES. 183 to the United States. prescribe military areas), which authorized Whereas the people of the United States the internment of Japanese-Americans; and join together each May to pay tribute to the (5) the 25th anniversary of the formal es- f contributions of generations of Asian Ameri- tablishment of Asian/Pacific American Her- cans and Pacific Islanders who have enriched itage Month; SENATE RESOLUTION 182—DESIG- the history of the United States; Whereas, in 2017, the Polynesian Voyaging NATING MAY 2017 AS ‘‘MELA- Whereas the history of Asian Americans Society will complete the final leg of its and Pacific Islanders in the United States is NOMA AWARENESS MONTH’’ Malama Honua Worldwide Voyage after 4 inextricably tied to the story of the United years of sailing the world and teaching tradi- States; Mr. REED (for himself, Mr. ISAKSON, tional wayfinding practices, along with the Whereas the Asian American and Pacific importance of caring for the land and sea; and Mr. DURBIN) submitted the fol- Islander community is a diverse population, Whereas, in 2017, the Congressional Asian lowing resolution; which was consid- comprised of more than 45 distinct Pacific American Caucus, a bicameral cau- ered and agreed to: ethnicities and more than 100 language dia- cus of Members of Congress advocating on lects; behalf of Asian Americans and Pacific Is- S. RES. 182 Whereas, according to the Bureau of the landers, is composed of 50 Members, includ- Whereas, as of May 2017, there are nearly Census, the Asian American population grew ing 17 Members of Asian or Pacific Islander 1,000,000 people living with melanoma in the at a faster rate than any other racial or eth- descent; United States; nic group in the United States during the Whereas, in 2017, Asian Americans and Pa- Whereas over 160,000 people of the United last decade, surging nearly 46 percent be- cific Islanders are serving in State and terri- States will be diagnosed with melanoma in tween 2000 and 2010, a growth rate that is 4 torial legislatures across the United States 2017; times the rate for the total population of the in record numbers, including in— Whereas melanoma is the second-most United States; (1) the States of Alaska, Arizona, Cali- commonly diagnosed cancer in young adults; Whereas, according to the 2010 decennial fornia, Colorado, Connecticut, Georgia, Ha- Whereas approximately 90 percent of cases census, there are approximately 17,300,000 waii, Idaho, Maryland, Massachusetts, of melanoma can be traced to exposure to ul- residents of the United States who identify Michigan, Minnesota, New Hampshire, New traviolet rays; themselves as Asian and approximately Jersey, New York, North Carolina, Ohio, Whereas Congress enacted the Sunscreen 1,200,000 residents of the United States who Oklahoma, Pennsylvania, Tennessee, Texas, Innovation Act (Public Law 113–195) to help identify themselves as Native Hawaiian or Utah, Vermont, Virginia, Washington, and bring new, safe sunscreens to the market; other Pacific Islander, making up approxi- West Virginia; and Whereas increasing intermittent sun expo- mately 5.5 percent and 0.4 percent, respec- (2) the territories of American Samoa, sure in childhood and throughout the life- tively, of the total population of the United Guam, and the Commonwealth of the North- time of a person is associated with an in- States; ern Mariana Islands; creased risk of squamous cell carcinoma, Whereas the month of May was selected for Whereas the number of Federal judges who basal cell carcinoma, and melanoma; Asian/Pacific American Heritage Month be- are Asian Americans or Pacific Islanders Whereas 1 blistering sunburn during child- cause the first immigrants from Japan ar- doubled between 2001 and 2008 and more than hood or adolescence can nearly double the rived in the United States on May 7, 1843, tripled between 2009 and 2016, reflecting a chance that a person develops melanoma and the first transcontinental railroad was commitment to diversity in the Federal judi- later in life, while 5 or more blistering sun- completed on May 10, 1869, with substantial ciary that has resulted in the confirmation burns in late adolescence increases the risk contributions from immigrants from China; of high-caliber Asian American and Pacific of— Whereas section 102 of title 36, United Islander judicial nominees; States Code, officially designates May as Whereas there remains much to be done to (1) melanoma by 80 percent; and Asian/Pacific American Heritage Month and ensure that Asian Americans and Pacific Is- (2) nonmelanoma by 68 percent; and requests that the President issue an annual landers have access to resources and a voice Whereas research shows that wearing sun- proclamation calling on the people of the in the Government of the United States and screen and taking other preventive measures United States to observe Asian/Pacific Amer- continue to advance in the political land- ican Heritage Month with appropriate pro- can prevent sunburn and reduce the risk of scape of the United States; and grams, ceremonies, and activities; skin cancer and premature aging: Now, Whereas celebrating Asian/Pacific Amer- Whereas Asian Americans and Pacific Is- therefore, be it ican Heritage Month provides the people of landers, such as Daniel K. Inouye, a Medal of the United States with an opportunity to Resolved, That the Senate— Honor and Presidential Medal of Freedom re- recognize the achievements, contributions, (1) designates May 2017 as ‘‘Melanoma cipient who, as President Pro Tempore of the and history of Asian Americans and Pacific Awareness Month’’; Senate, was the highest-ranking Asian Islanders and to appreciate the challenges (2) supports the goals and ideals of Mela- American government official in the history faced by Asian Americans and Pacific Island- noma Awareness Month; of the United States, Dalip Singh Saund, the ers: Now, therefore, be it (3) continues to support research for the first Asian American elected to serve in Con- Resolved, That the Senate— prevention, detection, and treatment of, and gress, Patsy T. Mink, the first woman of (1) recognizes the significance of May 2017 a cure for, melanoma; and color and the first Asian American woman to as Asian/Pacific American Heritage Month (4) supports efforts to promote awareness be elected to Congress, Hiram L. Fong, the and as an important time to celebrate the of, and education on, sunsafe behaviors, in- first Asian American Senator, Daniel K. significant contributions of Asian Americans cluding the use of sunscreen and sun-protec- Akaka, the first Senator of Native Hawaiian and Pacific Islanders to the history of the tive clothing. ancestry, Norman Y. Mineta, the first Asian United States; and

VerDate Sep 11 2014 05:57 May 26, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.041 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3225 (2) recognizes that the Asian American and Building, to conduct a hearing entitled agreed to, and the motions to recon- Pacific Islander community strengthens, and ‘‘Fiscal Year 2018 Budget Proposals for sider be considered made and laid upon enhances the rich diversity of, the United the Department of Treasury and Tax the table en bloc. States. Reform.’’ The PRESIDING OFFICER. Without f COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. AMENDMENTS SUBMITTED AND The Committee on Foreign Relations The resolutions were agreed to. PROPOSED is authorized to meet during the ses- The preambles were agreed to. (The resolutions, with their pre- SA 218. Mr. McCONNELL (for Mr. MORAN) sion of the Senate, on May 25, 2017 at proposed an amendment to the bill S. 12, to 9:30 a.m., to hold a business meeting. ambles, are printed in today’s RECORD amend title 38, United States Code, to im- COMMITTEE ON THE JUDICIARY under ‘‘Submitted Resolutions.’’) prove the accountability of employees of the The Senate Select Committee on the Department of Veterans Affairs, and for Judiciary is authorized to meet during f other purposes. the session of the Senate, on May 25, f 2017, following the first floor vote in DIGITAL COAST ACT TEXT OF AMENDMENTS the Capitol, to conduct an executive Mr. MCCONNELL. Mr. President, I business meeting. Agenda is attached. ask unanimous consent that the Sen- SA 218. Mr. McCONNELL (for Mr. ate proceed to the immediate consider- MORAN) proposed an amendment to the COMMITTEE ON INTELLIGENCE bill S. 12, to amend title 38, United The Senate Select Committee on In- ation of Calendar No. 25, S. 110. States Code, to improve the account- telligence is authorized to meet during The PRESIDING OFFICER. The ability of employees of the Department the session of the 115th Congress of the clerk will report the bill by title. of Veterans Affairs, and for other pur- U.S. Senate on Thursday, May 25, 2017 The senior assistant legislative clerk poses; as follows: from 2 p.m. in room SH–219 of the Sen- read as follows: A bill (S. 110) to require the Secretary of Strike Sec. 2. ate Hart Office Building to hold a closed Member briefing. Commerce, acting through the Adminis- f trator of the National Oceanic and Atmos- SUBCOMMITTEE ON MULTILATERAL INTER- pheric Administration, to establish a con- AUTHORITY FOR COMMITTEES TO NATIONAL DEVELOPMENT, MULTILATERAL IN- stituent-driven program to provide a digital MEET STITUTIONS, AND INTERNATIONAL ECONOMIC, information platform capable of efficiently ENERGY, AND ENVIRONMENTAL POLICY Mr. HELLER. Mr. President, I have 9 integrating coastal data with decision-sup- requests for committees to meet during The Committee on Foreign Relations port tools, training, and best practices and today’s session of the Senate. They Subcommittee on Multilateral Inter- to support collection of priority coastal have the approval of the Majority and national Development, Multilateral In- geospatial data to inform and improve local, Minority leaders. stitutions, and International Eco- State, regional, and Federal capacities to nomic, Energy, and Environmental manage the coastal region, and for other Pursuant to rule XXVI, paragraph purposes. 5(a), of the Standing Rules of the Sen- Policy is authorized to meet during the There being no objection, the Senate ate, the following committees are au- session of the Senate on Thursday, proceeded to consider the bill. thorized to meet during today’s session May 25, 2017 at 2 p.m., to hold a hearing Mr. MCCONNELL. Mr. President, I of the Senate: entitled ‘‘Assessing the United Nations Human Rights Council.’’ ask unanimous consent that the bill be COMMITTEE ON AGRICULTURE, NUTRITION, AND considered read a third time and passed FORESTRY SUBCOMMITTEE ON INVESTIGATION and the motion to reconsider be consid- The Committee on Agriculture, Nu- The Permanent Subcommittee on In- vestigations of the Committee on ered made and laid upon the table. trition, and Forestry is authorized to The PRESIDING OFFICER. Without meet during the session of the Senate Homeland Security and Governmental Affairs is authorized to meet during objection, it is so ordered. on Thursday, May 25, 2017 at 10 a.m., in The bill (S. 110) was ordered to be en- 328A Russell Senate Office Building, in the session of the Senate on Thursday, May 25, 2017, at 9:30 a.m. in order to grossed for a third reading, was read order to conduct a hearing entitled the third time, and passed, as follows: ‘‘Examining the Farm Economy: Per- conduct a hearing entitled, ‘‘Stopping spectives on Rural America.’’ the Shipment of Synthetic Opioids: S. 110 Be it enacted by the Senate and House of Rep- COMMITTEE ON ARMED SERVICES Oversight of U.S. Strategy to Combat Illicit Drugs.’’ resentatives of the United States of America in The Committee on Armed Services is Congress assembled, f authorized to meet during the session SECTION 1. SHORT TITLE. of the Senate on Thursday, May 25, 2017 PRIVILEGES This Act may be cited as the ‘‘Digital at 9:30 a.m., in open session, to receive Mr. FRANKEN. Mr. President, I ask Coast Act’’. testimony on the posture of the De- unanimous consent that Katie Wright, SEC. 2. FINDINGS. partment of the Army in review of the a fellow in my office, be granted floor Congress makes the following findings: Defense Authorization Request for fis- privileges for the remainder of the (1) The Digital Coast is a model approach for effective Federal partnerships with State cal year 2018 and the Future Years De- year. fense Program. and local government, nongovernmental or- The PRESIDING OFFICER. Without ganizations, and the private sector. COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. (2) Access to current, accurate, uniform, RESOURCES The PRESIDING OFFICER. The ma- and standards-based geospatial information, The Senate Committee on Energy jority leader. tools, and training to characterize the and Natural Resources is authorized to United States coastal region is critical for f meet during the session of the Senate public safety and for the environment, infra- in order to hold a hearing on Thursday, RESOLUTIONS SUBMITTED TODAY structure, and economy of the United States. (3) More than half of all people of the May 25, 2017, at 9:45 a.m. in Room 366 of Mr. MCCONNELL. Mr. President, I United States (153,000,000) currently live on the Dirksen Senate Office Building in ask unanimous consent that the Sen- Washington, DC, to consider the nomi- or near a coast and an additional 12,000,000 ate proceed to the en bloc consider- are expected in the next decade. nations of Mr. Dan R. Brouillette to be ation of the following Senate resolu- (4) Coastal counties in the United States Deputy Secretary of Energy and Mr. tions which were submitted earlier average 300 persons per square mile, com- Neil Chatterjee and Mr. Robert F. today: S. Res. 181, S. Res. 182, and S. pared with the national average of 98. Powelson to be Members of the Federal Res. 183. (5) On a typical day, more than 1,540 per- Energy Regulatory Commission. There being no objection, the Senate mits for construction of single-family homes are issued in coastal counties, combined with COMMITTEE ON FINANCE proceeded to consider the resolutions other commercial, retail, and institutional The Committee on Finance is author- en bloc. construction to support this population. ized to meet during the session of the Mr. MCCONNELL. Mr. President, I (6) Over half of the economic productivity Senate on Thursday, May 25, 2017, at 10 ask unanimous consent that the reso- of the United States is located within coast- a.m., in 215 Dirksen Senate Office lutions be agreed to, the preambles be al regions.

VerDate Sep 11 2014 05:57 May 26, 2017 Jkt 069060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.043 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE S3226 CONGRESSIONAL RECORD — SENATE May 25, 2017 (7) Highly accurate, high-resolution remote (4) archiving all raw data acquired under available data for the benefit of the broadest sensing and other geospatial data play an in- this Act at the appropriate National Oceanic measure of coastal resource management creasingly important role in decision mak- and Atmospheric Administration data center constituents and applications. ing and management of the coastal zone and or such other Federal data center as the Sec- (e) FINANCIAL AGREEMENTS AND CON- economy, including for— retary considers appropriate. TRACTS.— (A) flood and coastal storm surge pre- (c) COORDINATION.—The Secretary shall co- (1) IN GENERAL.—In carrying out the pro- diction; ordinate the activities carried out under the gram, the Secretary— (B) hazard risk and vulnerability assess- program to optimize data collection, sharing (A) may enter into financial agreements to ment; and integration, and to minimize duplication carry out the program, including— (C) emergency response and recovery plan- by— (i) support to non-Federal entities that ning; (1) consulting with coastal managers and participate in implementing the program; (D) community resilience to longer range decision makers concerning coastal issues, and coastal change; and sharing information and best practices, (ii) grants, cooperative agreements, inter- (E) local planning and permitting; as the Secretary considers appropriate, agency agreements, contracts, or any other (F) habitat and ecosystem health assess- with— agreement on a reimbursable or non-reim- ments; and (A) coastal States; bursable basis, with other Federal, tribal, (G) landscape change detection. (B) local governments; and State, and local governmental and non- SEC. 3. DEFINITIONS. (C) representatives of academia, the pri- governmental entities; and In this Act: vate sector, and nongovernmental organiza- (B) may, to the maximum extent prac- (1) COASTAL REGION.—The term ‘‘coastal re- tions; ticable, enter into such contracts with pri- gion’’ means the area of United States (2) consulting with other Federal agencies, vate sector entities for such products and waters extending inland from the shoreline including interagency committees, on rel- services as the Secretary determines may be to include coastal watersheds and seaward to evant Federal activities, including activities necessary to collect, process, and provide re- the territorial sea. carried out under the Ocean and Coastal mote sensing and other geospatial data and (2) COASTAL STATE.—The term ‘‘coastal Mapping Integration Act (33 U.S.C. 3501 et products for purposes of the program. seq.), the Coastal Zone Management Act of State’’ has the meaning given the term (2) FEES.— 1972 (16 U.S.C. 1451 et seq.), the Integrated ‘‘coastal state’’ in section 304 of the Coastal (A) ASSESSMENT AND COLLECTION.—The Sec- Coastal and Ocean Observation System Act Zone Management Act of 1972 (16 U.S.C. retary may assess and collect fees for the of 2009 (33 U.S.C. 3601 et seq.), and the Hydro- 1453). conduct of any training, workshop, or con- graphic Services Improvement Act of 1998 (33 (3) FEDERAL GEOGRAPHIC DATA COM- ference that advances the purposes of the U.S.C. 892 et seq.); MITTEE.—The term ‘‘Federal Geographic program. (3) participating, pursuant to section 216 of Data Committee’’ means the interagency (B) AMOUNTS.—The amount of a fee under the E-Government Act of 2002 (Public Law committee that promotes the coordinated this paragraph may not exceed the sum of 107–347; 44 U.S.C. 3501 note), in the establish- development, use, sharing, and dissemina- costs incurred, or expected to be incurred, by ment of such standards and common proto- tion of geospatial data on a national basis. the Secretary as a direct result of the con- (4) REMOTE SENSING AND OTHER cols as the Secretary considers necessary to assure the interoperability of remote sensing duct of the training, workshop, or con- GEOSPATIAL.—The term ‘‘remote sensing and ference, including for subsistence expenses other geospatial’’ means collecting, storing, and other geospatial data with all users of such information within— incidental to the training, workshop, or con- retrieving, or disseminating graphical or dig- ference, as applicable. ital data depicting natural or manmade (A) the National Oceanic and Atmospheric (C) USE OF FEES.—Amounts collected by physical features, phenomena, or boundaries Administration; (B) other Federal agencies; the Secretary in the form of fees under this of the Earth and any information related paragraph may be used to pay for— thereto, including surveys, maps, charts, sat- (C) State and local government; and (i) the costs incurred for conducting an ac- ellite and airborne remote sensing data, im- (D) the private sector; tivity described in subparagraph (A); or ages, LiDAR, and services performed by pro- (4) coordinating with, seeking assistance (ii) the expenses described in subparagraph fessionals such as surveyors, and cooperation of, and providing liaison to (B). photogrammetrists, hydrographers, geode- the Federal Geographic Data Committee (3) SURVEY AND MAPPING.—Contracts en- sists, cartographers, and other such services. pursuant to Office of Management and Budg- tered into under paragraph (1)(B) shall be (5) SECRETARY.—The term ‘‘Secretary’’ et Circular A–16 and Executive Order 12906 of considered ‘‘surveying and mapping’’ serv- means the Secretary of Commerce, acting April 11, 1994 (59 Fed. Reg. 17671), as amended ices as such term is used in and as such con- through the Administrator of the National by Executive Order 13286 of February 28, 2003 Oceanic and Atmospheric Administration. (68 Fed. Reg. 10619); and tracts are awarded by the Secretary in ac- cordance with the selection procedures in SEC. 4. ESTABLISHMENT OF THE DIGITAL COAST. (5) developing and maintaining a best prac- chapter 11 of title 40, United States Code. (a) ESTABLISHMENT.— tices document that sets out the best prac- (f) OCEAN ECONOMY.—The Secretary may (1) IN GENERAL.—The Secretary shall estab- tices used by the Secretary in carrying out establish publically available tools that lish a program for the provision of an ena- the program and providing such document to track ocean and Great Lakes economy data bling platform that integrates geospatial the United States Geological Survey, the for each coastal State. data, decision-support tools, training, and Corps of Engineers, and other relevant Fed- (g) AUTHORIZATION OF APPROPRIATIONS.— best practices to address coastal manage- eral agencies. There is authorized to be appropriated to the ment issues and needs. Under the program, (d) FILLING NEEDS AND GAPS.—In carrying Secretary $4,000,000 for each fiscal year 2018 the Secretary shall strive to enhance resil- out the program, the Secretary shall— through 2022 to carry out the program. ient communities, ecosystem values, and (1) maximize the use of remote sensing and coastal economic growth and development other geospatial data collection activities f by helping communities address their issues, conducted for other purposes and under needs, and challenges through cost-effective other authorities; SILVER STAR SERVICE BANNER and participatory solutions. (2) focus on filling data needs and gaps for DAY ACT (2) DESIGNATION.—The program established coastal management issues, including with Mr. MCCONNELL. Mr. President, I under paragraph (1) shall be known as the respect to areas that, as of the date of the ‘‘Digital Coast’’ (in this section referred to enactment of this Act, were underserved by ask unanimous consent that the Com- as the ‘‘program’’). coastal data and the areas of the Arctic that mittee on the Judiciary be discharged (b) PROGRAM REQUIREMENTS.—In carrying are under the jurisdiction of the United from further consideration of S. 917 and out the program, the Secretary shall ensure States; the Senate proceed to its immediate that the program provides data integration, (3) pursuant to the Ocean and Coastal Map- consideration. tool development, training, documentation, ping Integration Act (33 U.S.C. 3501 et seq.), The PRESIDING OFFICER. Without dissemination, and archive by— support continue improvement in existing objection, it is so ordered. (1) making data and resulting integrated efforts to coordinate the acquisition and in- products developed under this section read- tegration of key data sets needed for coastal The clerk will report the bill by title. ily accessible via the Digital Coast Internet management and other purposes, including— The senior assistant legislative clerk website of the National Oceanic and Atmos- (A) coastal elevation data; read as follows: pheric Administration, the GeoPlatform.gov (B) land use and land cover data; A bill (S. 917) to amend title 36, United and data.gov Internet websites, and such (C) socioeconomic and human use data; States Code, to designate May 1 as ‘‘Silver other information distribution technologies (D) critical infrastructure data; Star Service Banner Day.’’ as the Secretary considers appropriate; (E) structures data; There being no objection, the Senate (2) developing decision-support tools that (F) living resources and habitat data; use and display resulting integrated data and (G) cadastral data; and proceeded to consider the bill. provide training on use of such tools; (H) aerial imagery; and Mr. MCCONNELL. Mr. President, I (3) documenting such data to Federal Geo- (4) integrate the priority supporting data ask unanimous consent that the bill be graphic Data Committee standards; and set forth under paragraph (3) with other considered read a third time and passed

VerDate Sep 11 2014 04:32 May 26, 2017 Jkt 069060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MY6.068 S25MYPT1 rfrederick on DSKBCBPHB2PROD with SENATE May 25, 2017 CONGRESSIONAL RECORD — SENATE S3227 and the motion to reconsider be consid- The senior assistant legislative clerk DEPARTMENT OF HOUSING AND URBAN ered made and laid upon the table. read as follows: DEVELOPMENT The PRESIDING OFFICER. Without A bill (H.R. 657) to amend title 5, United J. PAUL COMPTON, JR., OF ALABAMA, TO BE GENERAL COUNSEL OF THE DEPARTMENT OF HOUSING AND URBAN objection, it is so ordered. States Code, to extend certain protections DEVELOPMENT, VICE HELEN R. KANOVSKY, RESIGNED. The bill (S. 917) was ordered to be en- against prohibited personnel practices, and NEAL J. RACKLEFF, OF TEXAS, TO BE AN ASSISTANT for other purposes. SECRETARY OF THE DEPARTMENT OF HOUSING AND grossed for a third reading, was read URBAN DEVELOPMENT, VICE MERCEDES MARQUEZ. the third time, and passed, as follows: There being no objection, the Senate DEPARTMENT OF COMMERCE S. 917 proceeded to consider the bill. KAREN DUNN KELLEY, OF PENNSYLVANIA, TO BE Be it enacted by the Senate and House of Rep- Mr. MCCONNELL. Mr. President, I UNDER SECRETARY OF COMMERCE FOR ECONOMIC AF- resentatives of the United States of America in ask unanimous consent that the bill be FAIRS, VICE MARK DOMS, RESIGNED. Congress assembled, considered read a third time and passed DEPARTMENT OF ENERGY SECTION 1. SHORT TITLE. and the motion to reconsider be consid- DAVID S. JONAS, OF VIRGINIA, TO BE GENERAL COUN- This Act may be cited as the ‘‘Silver Star ered made and laid upon the table. SEL OF THE DEPARTMENT OF ENERGY, VICE STEVEN CROLEY, RESIGNED. Service Banner Day Act’’. The PRESIDING OFFICER. Without DEPARTMENT OF COMMERCE SEC. 2. FINDINGS. objection, it is so ordered. Congress finds the following: GILBERT B. KAPLAN, OF THE DISTRICT OF COLUMBIA, The bill (H.R. 657) was ordered to a TO BE UNDER SECRETARY OF COMMERCE FOR INTER- (1) Congress has always honored the sac- third reading, was read the third time, NATIONAL TRADE, VICE STEFAN M. SELIG, RESIGNED. rifices made by the wounded and ill members and passed. DEPARTMENT OF STATE of the Armed Forces. (2) The Silver Star Service Banner has f MICHAEL ARTHUR RAYNOR, OF MARYLAND, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF come to represent the members of the Armed ORDERS FOR FRIDAY, MAY 26, 2017, MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- Forces and veterans who were wounded or DINARY AND PLENIPOTENTIARY OF THE UNITED STATES became ill in combat in the wars fought by THROUGH MONDAY, JUNE 5, 2017 OF AMERICA TO THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA. the United States. Mr. MCCONNELL. Mr. President, I DEPARTMENT OF HEALTH AND HUMAN SERVICES (3) The Silver Star Families of America ask unanimous consent that when the was formed to help the people of the United Senate completes its business today, it BRETT GIROIR, OF TEXAS, TO BE MEDICAL DIRECTOR States remember the sacrifices made by the IN THE REGULAR CORPS OF THE PUBLIC HEALTH SERV- adjourn, to then convene for pro forma ICE, SUBJECT TO THE QUALIFICATIONS THEREFOR AS wounded and ill members of the Armed sessions only, with no business being PROVIDED BY LAW AND REGULATIONS, AND TO BE AN Forces by designing and manufacturing Sil- ASSISTANT SECRETARY OF HEALTH AND HUMAN SERV- ver Star Service Banners and Silver Star conducted, on the following dates and ICES, VICE HOWARD K. KOH, RESIGNED. Flags for that purpose. times, and that following each pro OCCUPATIONAL SAFETY AND HEALTH REVIEW (4) The sole mission of the Silver Star forma session, the Senate adjourn until COMMISSION Families of America is to evoke memories of the next pro forma session: Friday, HEATHER L. MACDOUGALL, OF FLORIDA, TO BE A MEM- the sacrifices made by members of the May 26, at 8:45 a.m.; Tuesday, May 30, BER OF THE OCCUPATIONAL SAFETY AND HEALTH RE- Armed Forces and veterans on behalf of the VIEW COMMISSION FOR A TERM EXPIRING APRIL 27, 2023. at 7 a.m.; and Friday, June 2, at 9 a.m. (REAPPOINTMENT) United States through the presence of a Sil- I further ask that when the Senate ad- ver Star Service Banner in a window or a Sil- IN THE NAVY journs on Friday, June 2, it next con- ver Star Flag flying. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT (5) The sacrifices made by members of the vene at 3 p.m., Monday, June 5; that IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: Armed Forces and veterans on behalf of the following the prayer and pledge, the United States should never be forgotten. morning hour be deemed expired, the To be rear admiral (6) May 1 is an appropriate date to des- Journal of proceedings be approved to REAR ADM. (LH) BRET C. BATCHELDER ignate as ‘‘Silver Star Service Banner Day’’. date, the time for the two leaders be DEPARTMENT OF STATE SEC. 3. DESIGNATION. reserved for their use later in the day, CALLISTA L. GINGRICH, OF VIRGINIA, TO BE AMBAS- (a) IN GENERAL.—Chapter 1 of title 36, and morning business be closed; fi- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE HOLY SEE. United States Code, is amended by adding at nally, that following leader remarks, OFFICE OF PERSONNEL MANAGEMENT the end the following: the Senate proceed to Calendar No. 107, ‘‘§ 146. Silver Star Service Banner Day GEORGE NESTERCZUK, OF VIRGINIA, TO BE DIRECTOR S. Res. 176, as under the previous order. OF THE OFFICE OF PERSONNEL MANAGEMENT FOR A ‘‘(a) DESIGNATION.—May 1 is Silver Star The PRESIDING OFFICER. Without TERM OF FOUR YEARS, VICE KATHERINE ARCHULETA, Service Banner Day. objection, it is so ordered. RESIGNED. ‘‘(b) PROCLAMATION.—The President is re- quested to issue each year a proclamation f f calling on the people of the United States to ADJOURNMENT UNTIL 8:45 A.M. CONFIRMATION observe Silver Star Service Banner Day with TOMORROW appropriate programs, ceremonies, and ac- Executive nomination confirmed by tivities.’’. Mr. MCCONNELL. Mr. President, if the Senate May 25, 2017: (b) TECHNICAL AND CONFORMING AMEND- there is no further business to come be- THE JUDICIARY MENT.—The table of sections for chapter 1 of fore the Senate, I ask unanimous con- title 36, United States Code, is amended by AMUL R. THAPAR, OF KENTUCKY, TO BE UNITED sent that it stand adjourned under the STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT. inserting after the item relating to section previous order. 145 the following: For a complete list of nominations There being no objection, the Senate, confirmed on May 25, 2017, see pages ‘‘146. Silver Star Service Banner Day.’’. at 5:23 p.m., adjourned until Friday, S3249–S3251 of the Congressional f May 26, 2017, at 8:45 a.m. Record dated June 5, 2017. FOLLOW THE RULES ACT f f Mr. MCCONNELL. Mr. President, I NOMINATIONS ask unanimous consent that the Com- WITHDRAWAL Executive nominations received by mittee on Homeland Security and Gov- Executive Message transmitted by the Senate: ernmental Affairs be discharged from the President to the Senate on May 25, further consideration of H.R. 657 and DEPARTMENT OF DEFENSE 2017 withdrawing from further Senate the Senate proceed to its immediate ROBERT R. HOOD, OF GEORGIA, TO BE AN ASSISTANT consideration the following nomina- SECRETARY OF DEFENSE, VICE STEPHEN C. HEDGER. consideration. tion: DEPARTMENT OF COMMERCE The PRESIDING OFFICER. Without JAMES DONOVAN, OF VIRGINIA, TO BE DEPUTY SEC- objection, it is so ordered. RICHARD ASHOOH, OF NEW HAMPSHIRE, TO BE AN AS- RETARY OF THE TREASURY, VICE SARAH BLOOM SISTANT SECRETARY OF COMMERCE, VICE KEVIN WOLF, RASKIN, WHICH WAS SENT TO THE SENATE ON MAY 16, The clerk will report the bill by title. RESIGNED. 2017.

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