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

Vol. 162 WASHINGTON, TUESDAY, NOVEMBER 15, 2016 No. 163 Senate The Senate met at 4 p.m. and was MEASURES PLACED ON THE The Chair announces, on behalf of called to order by the President pro CALENDAR—S. 3464 AND H.R. 6094 the majority leader and the Demo- tempore (Mr. HATCH). Mr. MCCONNELL. Mr. President, I cratic leader, pursuant to Public Law f understand there are two bills at the 110–298, the appointment of the fol- lowing individual to serve as a member PRAYER desk due for a second reading. The PRESIDING OFFICER. The of the Federal Law Enforcement Con- The Chaplain, Dr. Barry C. Black, of- clerk will report the bills by title for gressional Badge of Bravery Board: fered the following prayer: the second time. Rick McCubbin of Kentucky. The Chair announces, on behalf of Let us pray. The senior assistant legislative clerk the majority leader and the Demo- Eternal Lord God, You have told us read as follows: in 1 Thessalonians 5:18 that it is Your cratic leader, pursuant to Public Law A bill (S. 3464) to provide incremental in- 110–298, the appointment of the fol- will for us to be thankful in every cir- creases to the salary threshold for exemp- cumstance. So today we thank You for tions for executive, administrative, profes- lowing individual to serve as a member the orderly transition of governmental sional, outside sales, and computer employ- of the State and Local Law Enforce- power and for the substantive contribu- ees under the Fair Labor Standards Act of ment Congressional Badge of Bravery tions to liberty of President Barack 1938, and for other purposes. Board: Michael Walters of Nevada. The Chair announces, on behalf of Obama. We are grateful for his labors A bill (H.R. 6094) to provide for a 6-month delay in the effective date of a rule of the the majority leader, pursuant to the of faith, patience, and hope. We are Department of Labor relating to income provisions of Public Law 114–215, the thankful for his dependence on You. thresholds for determining overtime pay for appointment of the following individ- Lord, we also express gratitude for executive, administrative, professional, out- uals to serve as members of the John the limitless possibilities available to side sales, and computer employees. F. Kennedy Centennial Commission: President-Elect Donald Trump. May he Mr. MCCONNELL. In order to place the Honorable JOHN MCCAIN and the receive inspiration from Your declara- the bills on the calendar under the pro- Honorable ORRIN G. HATCH. tion in Psalm 75:6 and 7 that elevation visions of rule XIV, I object to further The Chair, on behalf of the President comes neither from the east, west, proceedings en bloc. pro tempore and upon the rec- south or north, but You are the sov- The PRESIDING OFFICER. Objec- ommendation of the Democratic lead- ereign judge who puts down one and tion having been heard, the bills will be er, pursuant to Public Law 98–183, as lifts up another. placed on the calendar. amended by Public Law 103–419, re- Lord, we give You our thanksgiving f appoints the following individual to for our lawmakers, old and new. Bless APPOINTMENTS the United States Commission on Civil and keep them in all they think, say, Rights: David Kladney of Nevada. and do. Mr. MCCONNELL. Mr. President, I The Chair announces, on behalf of Finally, we thank You for the life understand appointments were made the Democratic leader, pursuant to the and legacy of Gwen Ifill. during the adjournment of the Senate, provisions of Public Law 106–398, as We pray in Your merciful Name. and I ask they be stated for the amended by Public Law 108–7, and in Amen. RECORD. consultation with the chairmen of the f The PRESIDING OFFICER. The Senate Committee on Armed Services Chair announces, on behalf of the and the Senate Committee on Finance, PLEDGE OF ALLEGIANCE Democratic leader, pursuant to the the reappointment of the following in- The President pro tempore led the provisions of Public Law 114–198, the dividual to serve as a member of the Pledge of Allegiance as follows: appointment of the following individ- United States-China Economic Secu- I pledge allegiance to the Flag of the uals to serve as members of the Cre- rity Review Commission: Katherine United States of America, and to the Repub- ating Options for Veterans’ Expedited Tobin of Virginia. lic for which it stands, one nation under God, Recovery (COVER Commission): Dr. The Chair announces, on behalf of indivisible, with liberty and justice for all. Wayne Jonas of Virginia (Veteran) and the Democratic leader, pursuant to the f Jon Soltz of Virginia (Veteran). provisions of Public Law 114–196, the The Chair, on behalf of the majority appointment of the following individ- RECOGNITION OF THE MAJORITY leader, pursuant to Public Law 112–272, uals to serve as members of the United LEADER appoints the following individual to be States Semiquincentennial Commis- The PRESIDING OFFICER (Mr. a member of the World War I Centen- sion: Members of the Senate: the Hon- LANKFORD). The majority leader is rec- nial Commission: Terry Hamby of Ken- orable ROBERT P. CASEY, Jr. of Penn- ognized. tucky. sylvania and the Honorable JEANNE

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

S6317

.

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.000 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6318 CONGRESSIONAL RECORD — SENATE November 15, 2016 SHAHEEN of New Hampshire. Private I watch the ‘‘NewsHour’’ as often as I and most powerful microphone in the Citizens: Dr. Andrew Hohns of Pennsyl- can, and I will miss her. I thought she world. But even as those workers ham- vania, David Cohen of Pennsylvania, had such a fine way of presenting her- mer away on Trump’s platform, and Heather Murren of Nevada, and James self in the news that she reported. even as we as leaders accept the results Swanson of the District of Columbia. Every night she would do the nightly of this election, we must also give f review. She was really a good person, voice to those who are afraid because and I will miss her. I think we all will. there are many who are afraid. THE ELECTION AND WORKING f Indeed, a majority of Americans op- TOGETHER posed Donald Trump. Many of my Re- THE ELECTION OF DONALD TRUMP Mr. MCCONNELL. Mr. President, we publican colleagues in this Chamber have had a regularly scheduled election Mr. REID. Mr. President, I have been opposed Trump. They were not alone. in this country every 2 years since 1788. in politics for five decades. I have not Trump will be the first President to This year’s campaign was long and it seen anything like what we are seeing take office having lost the popular vote was tough, and I think everyone is glad today in America. The man who lost by 2 million. it is over. I think Americans are ready the popular vote by 2 million votes is Every day for the past week, the ma- to come together and move the country now the President-elect. I will repeat jority of American voters have awak- forward. that. A man who lost the election by 2 ened to a difficult reality: Not only did As President Obama reminded us, we million votes or more is now the Presi- the man who lost the popular vote win are all on one team. This is an intra- dent-elect. the election, but his election sparked a mural scrimmage. We are not Demo- His election has sparked a wave of rise in hate crimes and threats of vio- crats first. We are not Republicans hate crimes across America. This is a lence. Since Election Day, the South- first. We are Americans first. We are simple statement of fact, but it raises ern Poverty Law Center has reported patriots first. Now, as he put it, we are critical questions for us as a country hundreds of incidents of harassment all rooting for the success of the Presi- and as a nation. How do we respond to and intimidation. The last count re- dent-elect for uniting and leading the the election of Donald Trump? ported is 315 from their calculations. country. The Democrats want to work with Overwhelmingly, the hateful acts are I want to congratulate President- Mr. Trump when we can. I understand anti-Muslim, anti-Hispanic, anti-Afri- Elect Trump on his victory. I want to and respect the impulse because Demo- can American, anti-woman, anti- thank the American people for placing crats like to get things done. That is LGBT, anti-Semitic, and anti-Asian. their trust in this Senate majority and why most of us are in government in I have heard these stories from the House majority as well. Speaker the first place. friends and family. My and my wife’s For example, Democrats have been RYAN and I had productive discussions Nevada physician is a Pakistani-Amer- with the President-elect last week. We trying for multiple decades to get Re- ican of Muslim faith. We think so much are both looking forward to working publicans to invest in our deteriorating of him. We have known each other for with him, but first there is work to be infrastructure. What kind of makeup 35 years. The day after the election my done in the current session of the Sen- do we have in the infrastructure? Some friend was in a restaurant in Las Vegas ate. say $1 trillion; some say $3 trillion. It having dinner. A man approached him We will welcome some new Members, is really badly in need of help and re- in a threatening manner and said: beginning with orientation this week. pair. It is an automatic job creator. Where are you from? He said: Where We will bid farewell to some dear col- Over these decades, each time we tried are you from? The man said: I’m local. leagues. We will finish the work that to do something on infrastructure, Re- The doctor said: So am I. remains before us. publicans obstructed. So if we can fi- That same night, in another res- So welcome back, everyone. We still nally get Republicans to make the job- taurant in Las Vegas, another friend of have some work to do, and with some creating infrastructure investments we mine who is also a Pakistani-American cooperation from both sides, we will have been seeking for years, that would physician was having dinner. A man get it done. be a welcome development for the Sen- walked up to him in the same manner ate and the country. and said: Where are you from? He said f If Trump wants to pursue policies he was from Pakistan. The other man RECOGNITION OF THE MINORITY that will help working people, Demo- said: Why don’t you go back? LEADER crats will take a pragmatic approach. One of my staffers has a daughter in Democrats have a responsibility to im- middle school. I have known that little The PRESIDING OFFICER. The prove the lives of Americans, but we girl since she was a little baby. The Democratic leader is recognized. also have other responsibilities. We day after the election, the principal ad- f have a responsibility to be the voice of dressed the entire student body on the THANKING THE SENATE CHAPLAIN millions of Americans sitting at home, school’s PA system because of two inci- AND WELCOMING EVERYONE BACK afraid that they are not welcome any- dents that had occurred that he wanted more in Donald Trump’s America. We to talk about. In one instance, a boy Mr. REID. Mr. President, I very have a responsibility to prevent yelled at a Latina student, saying he much appreciate the prayer of Admiral Trump’s bullying, aggressive behavior was glad she was being deported now Black. He always does his best to set from becoming normalized in the eyes that Trump was President. the tone. I appreciate the tone that he of Americans, especially to the many Another boy was sent home for has set this afternoon. I appreciate him young people who are watching and yelling a derogatory, hateful term to and what he does very much. wondering, for example, if sexual as- an African-American student. The boy I welcome everyone back. We have sault is now a laughing matter. justified himself by saying he could use been gone quite some time. We have a We have a responsibility to say that that language now that Trump was lot of work to do the next few weeks, it is not normal for the KKK and President. and we will do our best to get it done groups like the Klan to celebrate the In Spokane, WA, the Martin Luther as quickly as we can. election of a President they view as King, Jr. Center was defaced with the f their champion with a victory parade. same hateful word. They have one scheduled. In other Those are only a few examples that REMEMBERING GWEN IFILL words, we have a responsibility to lead. people close to me have related. But Mr. REID. Mr. President, I would like Outside this Senate Chamber, work- these disturbing accounts have been to say just a few words about Gwen ers can be heard hammering away on heard across America. Ifill. It really was too bad that she died the platform for the inauguration cere- I have a compilation of many of these at age 61. She was a woman who broke mony. It will take months to do it, but incidents. One is from NBC news. An- barriers. Every step of her life was it will be done right. In 65 days Donald other is from another publication. something new and inspirational for Trump will step onto that platform. There is a headline: ‘‘Hundreds of Hate those around her. For 4 years he will wield the loudest Crimes Reported Since the Election.’’

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.001 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6319 Mr. President, I ask unanimous con- ing 7,121 victims. Of the known offenders, and appropriate action based on the inves- sent that they be printed in the ‘‘48.4 percent were white, 24.3 percent were tigation findings,’’ Becker said. ‘‘We will RECORD. African American, and race was unknown for work very hard to identify who did this hor- There being no objection, the mate- 16.2 percent of offenders,’’ according to the rible act and determine how we can support report. the students and the staff who have been af- rial was ordered to be printed in the Related: How the 2016 Election Exposed fected by it.’’ RECORD, as follows: America’s Racial and Cultural Divides. 3. Mehreen Kasana, an editor in New York [Nov. 14, 2016] In addition to monitoring anti-Arab bias, City who was wearing a scarf around her NBC—HUNDREDS OF HATE CRIMES REPORTED the report also tracked incidents of anti-reli- head the day after the election, said that a SINCE ELECTION: SPLC CHELSEA BAILEY gious bias for seven additional religions for man told her, ‘‘Your time’s up, girlie.’’ More than 300 incidents of harassment or the first time. The expanded report now Mehreen Kasana @mehreenkasana I have a scarf on. Passed by someone on intimidation have been reported following tracks anti-religious bias against Buddhist, the platform today and he says, ‘‘Your Donald Trump’s election Tuesday night, the Eastern Orthodox, Hindu, Jehovah’s Witness, time’s up, girlie.’’ 8:50 AM—9 Nov 2016 Southern Poverty Law Center (SPLC) told Mormon, Sikh and other Christian victims. Kasana, a Muslim woman, told BuzzFeed NBC News Monday. Monday’s report marks the 25th anniver- News that she didn’t usually cover her head The SPLC first published its report on sary of the FBI’s efforts to compile data but her younger sister observes the hijab. post-election incidents on Friday but said re- around hate crimes. The report contains She said she wore a scarf on Nov. 9 because ports have continued to stream in. They data from nearly 15,000 law enforcement of the cold. found that harassment most commonly oc- agencies. Kasana said that while she was passing by curred in K–12 schools and on university people at the subway station, a ‘‘white man campuses. Many, though not all incidents, [Updated: Nov. 14, 2016] who had to be in his mid-30s, holding a brief- involved direct references to the Trump cam- BUZZFEED—HERE ARE 26 REPORTED RACIST case and a newspaper first looked at me and paign, according to the group’s report. INCIDENTS AFTER DONALD TRUMP’S VICTORY grunted. Then he said, ‘Your time’s up, girl- The anti-intolerance watchdog said it will TASNEEM NASHRULLA ie.’ ’’ continue to tally incidents of hate and har- ‘‘THIS IS THE NORMAL.’’ According to Kasana no one at the station assment reported through social media, news 1. Threatening ‘‘vigilante’’ fliers calling did anything. ‘‘I almost always fight back reports and direct submissions to its website. but I think that moment was so replete with The Law Center said they were unable to for torture of ‘‘university leaders spouting defeat and misery that, out of the sheer need independently verify each incident reported, off all this diversity garbage’’ were posted in to protect myself, I remained silent,’’ she but NBC News has separately confirmed doz- bathrooms across Texas State University said. ‘‘The last thing I needed was to get ens. after Donald Trump’s win in the elections. Some incidents of hate crimes that NBC ‘‘Now that our man TRUMP is elected and pushed on the tracks.’’ 4. Middle schoolers in Michigan chanted News has confirmed independently: republicans own both the senate and the On Sunday, a rector found the words house—time to organize tar and feather VIG- ‘‘Build the wall’’ in their lunchroom on Nov. ‘‘Trump Nation, Whites Only’’ scrawled on ILANTE SQUADS and go arrest and torture 9. Philip Lewis @Phil_Lewis the walls of the Episcopal Church of Our those deviant university leaders spouting off Middle school students in Royal Oak, Saviour in Silver Spring, Maryland. The all this Diversity Garbage,’’ the fliers, which Michigan chanting ‘‘Build The Wall!’’ church offers weekly Spanish-language serv- were glued to bathrooms and minors in buildings across the campus, said. 9:55 AM—10 Nov 2016 ices. A group of middle schoolers in Royal Oak, The University of Michigan issued a cam- Other fliers criticized the the concept of diversity and its proponents. Michigan, broke out in a ‘‘build the wall’’ pus safety alert Sunday after a Muslim stu- chant inside their cafeteria on Wednesday, dent told police a white male demanded she One flier said, ‘‘NO OTHER RACE (BUT WHITES) HAS BENT OVER BACKWARDS to echoing one of Trump’s rallying cries during remove her hijab or he would ‘‘set her on fire his campaign. with a lighter.’’ Police are investigating. assure that all non-whites receive a ‘fair shake’ in being part of American life, even to ‘‘Because of the strong emotions and inten- New York Governor Andrew Cuomo or- sity of rhetoric that the posting of this inci- dered state police to open a multi-agency the detriment and social well-being of ‘our own kinds’ (whites).’’ The flier said dent to social media has elicited, we have hate crimes investigation into reports that a had parents express concern regarding stu- swastika and the word ‘‘Trump’’ was spray ‘‘multiculturalism’’ and ‘‘diversity’’ and ‘‘code-words for white genocide.’’ dent safety,’’ Superintendent of schools painted on the walls of a residence hall at Shawn Lewis-Lakin said in a statement SUNY Geneseo. The Texas State University Police was in- vestigating the incident, President Denise M. Thursday. In Philadelphia, police are searching for 5. A ‘‘Make America White Again’’ sign Trauth said in a statement. Trauth said she the man who grafittied ‘‘Trump Rules’’ and with a swastika was graffitied on a softball was aware of reports of ‘‘action and expres- ‘‘Black B* * *’’ onto the hood of a woman’s dugout wall in a park in Wellsville, New sion that have occurred on campus following van. York. the recent elections in our country.’’ Parishioners found graffiti on the walls of Brian Quinn @brianqwdr St. David’s Episcopal Church in Indiana. A ‘‘Actions such as pasting flyers to bath- Trump has spoken about ‘‘Making America swastika, ‘‘Heil Trump’’ and ‘‘F* * * room mirrors amounts to criminal activity, great again,’’ but someone else had a dif- Church’’ were spray painted on the walls of and our university police are investigating ferent message recently in Wellsville. the church, which performs same-sex wed- these incidents,’’ Trauth said. ‘‘Texas State 1:38 PM—9 Nov 2016 dings, WTHR reports. strives to maintain an atmosphere that pro- Wellsville Village Police Chief Tim ‘‘Colored’’ and ‘‘Whites Only’’ signs were tects free speech, but one that is respectful O’Grady told the Wellsville Daily that no placed above drinking fountains at First to other members of the Bobcat commu- one had filed a complaint about the graffiti, Coast High School in Jacksonville, Florida, a nity.’’ which was spotted on Nov. 9. He said the wall district spokeswoman confirmed with NBC The university police did not return was on a privately owned field. ‘‘Unless News. BuzzFeed News’ request for comment. somebody makes a complaint, we don’t have Mere hours after Trump won the election, 2. Racial slurs and threats, including the n- any cause for action,’’ O’Grady said. ‘‘It’s ‘‘Make America White Again’’ was scrawled word, ‘‘Go back to Africa,’’ and ‘‘Whites vandalism, we’ll look into it.’’ across the wall of a softball field in only,’’ along with pro-Trump slogans were On Saturday, New York Gov. Andrew M. Wellsville, New York. Police are inves- found scrawled in a high school bathroom in Cuomo announced a joint investigation in- tigating. Minnesota on Nov. 9. volving New York State Police and the State Also on Monday, the FBI’S Uniform Crime Police said they were investigating the Division of Human Rights looking into the Reporting division also released its annual graffiti found in the boys bathroom at Maple graffiti, calling it a hate crime. ‘‘Hate Crimes Statistics’’ report, tracking Grove Senior High School. The graffiti in- ‘‘New York has zero tolerance for bigotry, the number of bias-motivated incidents re- cluded F* * *allPorchmonkeys, #Whitesonly, fear and hatred, and those who seek to un- ported to law enforcement officials in 2015. Trump Train, #Gobacktoafrica and ‘‘Make dermine the core values this state and na- The number of hate crimes rose 6 percent in America Great Again.’’ tion were founded upon,’’ Cuomo said in the 2015, according to the report, and the vast According to police, the ‘‘racist’’ messages statement. ‘‘I have ordered a full investiga- majority (59 percent) of victims were tar- were written during the school day on Nov. 9. tion into this deplorable act.’’ geted because of their race or ethnicity. ‘‘This type of behavior is highly offensive, Sixty-seven percent of votes in Allegany Attacks motivated by religious bias and will not be tolerated and does not reflect the County, where Wellsville is located, went to sexual orientation were also among the most views of the Maple Grove community,’’ po- Trump-Pence. frequently reported types of hate crimes. lice said in a statement. 6. Photos of a black baby doll which ap- The number of reported anti-Muslim hate In a letter to students’ families, the peared to be hung in an elevator in Canisius crimes spiked in 2015, growing by an aston- school’s principal, Bart Becker, said he was College in New York on the night of Nov. 8, ishing 66 percent, according to the FBI re- ‘‘horrified’’ by the ‘‘serious and disturbing surfaced on social media. port. racial incident.’’ Jordan Roth @Baby_Jay1221 In all, more than 5,800 incidents of hate ‘‘We immediately launched an investiga- This baby doll was found in a freshman ele- crimes were reported to authorities, involv- tion into this incident and we will take swift vator last night at Canisius. I don’t care who

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.002 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6320 CONGRESSIONAL RECORD — SENATE November 15, 2016 you are or what your beliefs are this is awful In the wake of the vandalism, the MSA or- ‘‘Comments made to the student indicate 3:51 PM—9 Nov 2016 ganized a rally and called on fellow students she was targeted because of her Muslim The Tuesday-night incident prompted ‘‘to show support that fear and intimidation faith, including her wearing of a traditional Canisius President John Hurley to send a have no place on our campus.’’ garment and hijab,’’ SDSU police said in a campuswide letter strongly condemning the Within 24 hours, more than 1,000 people statement provided to BuzzFeed News. act, which he called ‘‘extremely troubling on signed up as supporters ‘‘to denounce this 13. Two men in a pickup truck with a several levels,’’ the Buffalo News reported. hate,’’ Khan said. Trump flag drove to Wellesley College, a He later issued a detailed message describ- ‘‘Nothing like this has happened before at women’s liberal arts school in Massachusetts ing two separate incidents—placing the doll NYU and we pray this is the first and last in- and Hillary Clinton’s alma mater, stopped in in the elevator and the use of the doll in a cident,’’ he said. front of a house for students of African de- residence hall room—which involved two un- 9. ‘‘F* * * your safe space,’’ ‘‘Build wall,’’ scent, and ‘‘antagonized’’ and screamed related sets of students. and ‘‘Trump’’ were scrawled in chalk at the ‘‘Trump’’ and ‘‘Make America Great Again’’ According to the public safety report, the University of Louisiana at Lafayette on Nov. on Nov. 9, according to accounts from stu- doll was first placed in an elevator as a 8. dents and college officials. prank to startle people and the two strings The Vermilion @TheVermilion Wellesley police confirmed the incident at the doll’s neck were part of its construc- PRO-Trump chalk was littered in front of and said the two ‘‘disruptive individuals’’ tion. Hurley said there was no evidence that the EGD library last night. were asked to leave the property. the doll was hung in the elevator as several 10:32 AM—9 Nov 2016 The two men, who were students at Babson social media posts appeared to suggest. Other graffiti scrawled on campus after College, were expelled from their fraternity, The elevator prank set off a chain of Trump’s win included ‘‘Democrats can kiss Sigma Phi Epsilon. The fraternity said that events ‘‘on a night when the results of the Trump’s a* * *.’’ both men’s actions were ‘‘abhorrent’’ in a presidential election had many students feel- Campus maintenance workers washed statement. ing distressed and vulnerable’’ Hurley said, away some of the reported graffiti, while ‘‘This type of abusive, misogynistic behav- adding that those involved in the elevator campus police were investigating several ior has no place in our society, and we’re prank would be disciplined. more reports of pro-Trump graffiti across the proud of our chapter swiftly removing these The doll was then later put in residence campus, the Advertiser reported. men from our organization,’’ the fraternity hall room where it was hung from the cur- 10. ‘‘Black lives don’t matter and neither said, Babson College was investigating both tain rod, according to the report. Students does your votes,’’ was spray-painted across a men’s actions, which the president described took photos of it and created memes using wall in Durham, North Carolina on Nov. 9. as ‘‘highly offensive, incredibly insensitive, language about ‘‘Trump fans’’ which were Derrick Lewis @DerrickQLewis and simply not acceptable.’’ then posted to social media, according to Someone spray painted ‘‘Black lives don’t 14. A Facebook post on Nov. 9 appeared to Hurley. matter and neither does your votes’’ on a show a Trump supporter in a car that had ‘‘It’s evident that what may have started wall in Durham overnight. Trump flags and anti-Muslim stickers in- as a thoughtless, insensitive prank earlier in 3:27 PM—9 Nov 2016 cluding ‘‘All Muslims are terrorists, deport the evening in the elevator degraded into a Community members gathered Thursday them all.’’ very offensive, inappropriate act later that and cleaned up the message, WNCN reported. A Facebook post on Nov. 9 appeared to night,’’ he said. 11. After one photo went viral, Southern Il- show a Trump supporter in a car that had The students involved in the residence hall linois University issued a statement saying Trump flags and anti-Muslim stickers in- incident have been involuntarily suspended they were aware of offensive social media cluding ‘‘All Muslims are terrorists, deport from the college pending the outcome of dis- posts and were reviewing the incidents. them all.’’ ciplinary cases against them, the con- ‘‘This week’s presidential election was ex- The Facebook user posted a video showing sequences of which could include dismissal tremely divisive and emotions are running the truck with a Confederate flag on the from the college, Hurley said. high,’’ the interim chancellor, Brad Colwell, front bumper and also stickers saying, ‘‘Kill 7. A ‘‘fair skinned male’’ allegedly pulled said in the statement. ‘‘A number of people all Muslims’’ and ‘‘All Muslims are child mo- at a woman’s hijab on Nov. 8, choking her have contacted my office regarding offensive lesters.’’ The user later deleted the Facebook and causing her to fall, San Jose State Uni- behavior and comments, including social post. versity police said in an alert to students. media posts. While federal law prohibits us 15. Yarden Katz, a fellow at Harvard Med- Pam Howell @BookaliciousPam from discussing issues related to specific stu- ical School, said that he witnessed a US San Jose State University sent an email dents, please know that we deeply share your postal worker telling a man who appeared to that a woman had her hijab ripped off by a concerns. We are reviewing every incident be of Hispanic descent, ‘‘Go back to your white male with such force it choked her as and will take appropriate action.’’ country. This is Trump land’’ at a gas sta- she fell. Colwell said that while discussions about tion in Massachusetts on Nov. 9. 9:08 PM—9 Nov 2016 the future of the country were important, he Yarden Katz @yardenkatz It wasn’t clear whether the woman was at- urged students to do so in a ‘‘civil manner My letter to @USPS about what I wit- tacked because of her hijab, and the univer- that respects everyone’s right to agree or to nessed today in Cambridge, Massachusetts. sity said the case was under investigation. disagree.’’ #Trump ‘‘We are of course very concerned that this Colwell issued his statement after a viral 5:46 PM–9 Nov 2016 has occurred on our campus,’’ a spokes- social media post showed two students from USPS said the issue had been ‘‘escalated to woman told the Mercury News. ‘‘No one wearing blackface and standing in front of a the appropriate members of USPS manage- should experience this kind of behavior at Confederate flag. ment.’’ Katz told BuzzFeed News that it was San Jose State.’’ However, one of the students in the photo an ‘‘appalling incident.’’ Doaa Abdelrahman, the president of the later wrote on Facebook that the picture had ‘‘I was taken aback by how brazen it was Muslim Student Association at San Jose been taken out of context. She said she had on the part of the USPS worker to make rac- State, told the Mercury News that she knew been wearing a ‘‘boscia face mask’’ in front ist comments, in broad daylight, in a sup- the victim and believed the attack was re- of a Confederate flag she had ripped because posedly progressive town. It clearly looks lated to Trump’s campaign on election night. she does not support it. like part of a bigger national trend,’’ he said. ‘‘I’ve experienced racism for my religion 12. A Muslim student at San Diego State 16. A swastika, ‘‘Seig Heil 2016,’’ and the since age 9,’’ Abdelrahman said. ‘‘I think University (SDSU) was attacked and robbed word ‘‘Trump’’ with the T replaced with a Trump is the cause of a lot of segregation by two men ‘‘who made comments about swastika were graffitied on the windows on and division between people.’’ President-Elect Trump and the Muslim com- an empty store in South Philly on Wednes- 8. ‘‘Trump’’ was scrawled on the door of a munity’’ on Nov. 9, the SDSU police said in day, Philly.com reported. Muslim prayer room at New York University a safety alert. Philly.com @phillydotcom on Nov. 9. A Muslim student at San Diego State Uni- PhillyClout: ‘‘Sieg Heil,’’ swastikas, racist The incident at the NYU Tandon School of versity (SDSU) was attacked and robbed by Trump graffiti appear in South Philly. Engineering was reported by the NYU Mus- two men ‘‘who made comments about Presi- http://bit.ly/2fSN1kN lim Students Association (MSA). dent-Elect Trump and the Muslim commu- 2:10 PM—9 Nov 2016 The day after Trump was elected president, nity’’ on Nov. 9, the SDSU police said in a The graffiti was spray-painted on the 78th a Muslim student making his way to the safety alert. anniversary of Kristallnacht or ‘‘Night of the prayer room found ‘‘Trump’’ scribbled across The two suspects, a white male and a His- Broken Glass’’—a wave anti-Jewish pogroms the front of prayer space door, Afraz Khan, panic male, confronted the student in a in Nazi Germany in 1938. the president of NYU MSA, told BuzzFeed stairwell in what police described as a ‘‘hate Police also investigated several other inci- News. crime, robbery and vehicle theft.’’ dents of pro-Trump racist graffiti, including ‘‘Our campus is not immune to the bigotry The two men ‘‘made comments about the words ‘‘Trump Rules’’ and ‘‘Black B that grips America,’’ the MSA said in a President-Elect Trump and the Muslim com- * * *,’’ spray-painted across a car belonging Facebook post. munity, confronted her and grabbed her to a 62-year-old black woman, Philly.com re- The incident was reported to university of- purse and backpack,’’ according to police. ported. ficials, whom Khan said were doing a ‘‘won- They also took her car keys and stole her ve- 17. Chris Weatherd, a former University of derful job in supporting us.’’ hicle. Tennessee linebacker, posted a video that

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.003 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6321 appeared to show his car vandalized with the who demanded she remove her hijab or he anti-Donald Trump protest and reportedly n-word and ‘‘Trump’’ on Nov. 9 in Knoxville. would set her on fire with a lighter,’’ accord- got into a confrontation with a demon- Chris Weatherd TM @Chris_Weatherd Who- ing to crime report posted on the univer- strator. Peters was off duty at the time. ever did this I’m throwin’ hands sity’s website. Police chief Jeff O’Brien promised an in- 11:08 AM—9 Nov 2016 ‘‘She complied and left the area. The Ann ternal investigation to determine if Peters Weatherd told BuzzFeed News that he Arbor Police are actively investigating,’’ the broke department rules. Read more about woke up on Wednesday morning to find that statement read. the incident here. someone had used washable paint to van- The suspect has been described as a ‘‘white 26. A church in Indiana was discovered van- dalize his car with racial slurs. male, 20–30 years old, average height, ath- dalized with slurs on Nov. 13. He did not file a police report, but said letic build, bad body odor, unkempt appear- St. David’s Episcopal Church in Bean Blos- that a family member of the person who did ance, intoxicated with slurred speech,’’ ac- som, Indiana was reportedly spray painted it had apologized to him. Weatherd did not cording to the school’s site. with a swastika, an anti-gay slur, and ‘‘Heil wish to disclose the identity of the alleged Ann Arbor Police Sgt. Patrick Maguire Trump.’’ suspect, but said it was a neighbor who was told BuzzFeed News that the department is Rev. Kelsey Hutto, a priest at the St. Da- a Trump supporter. actively investigating the incident and is so- vid’s Episcopal Church, told BuzzFeed News He said that while he wasn’t ‘‘entirely liciting more information. that she was disappointed after the graffiti upset’’ about it, he posted it to Twitter to 21. Several black UPenn students received was discovered on the walls Sunday, but that show that ‘‘this is the normal.’’ racist and threatening messages Friday, in- they wouldn’t ‘‘let the actions of a few 18. Rochelle Abraham posted a picture of a cluding invites to a ‘‘daily lynching.’’ damper our love of Christ and the world.’’ car with a Confederate flag and ‘‘Kill Kill Chidera @chiderasiegbu ‘‘We will continue to live out our beliefs Kill’’ signs in Needham, Massachusetts, the Black students throughout @Penn’s cam- and acceptance of all people and respecting morning after Trump’s victory. pus, like myself, have been added to this the dignity of every human being,’’ Hutto Abraham told BuzzFeed News that she hateful GroupMe. I am petrified and all I said to BuzzFeed News. ‘‘We pray for the per- spotted the car, which had a POW flag, an want to do is cry. petrators as well as those who the deroga- American flag, and the Confederate flag, on 2:30 PM—11 Nov 2016 tory marks were directed at.’’ the morning on Nov. 9. Several black UPenn students reported Hutto said that they needed to respond to ‘‘I was already feeling off center with re- being added to a GroupMe chat included pic- hateful acts with love. spect to what a Trump presidency would tures of lynchings, derogatory terms and ‘‘Anyone is welcome on the sacred ground mean for myself and those that I love,’’ threats Friday. of the church,’’ Hutto continued. ‘‘This act Abraham said. ‘‘First and foremost I fear for University officials said the FBI and uni- was an act of separation. Separation of us what this means for my 26-year-old son. The versity police were contacted, and the mes- from each other and a separation from God current murders of young unarmed black sages were linked back to a University of which is the definition of a sin.’’ men, Giuliani era stop-and-frisk and just so Oklahoma student more than 1,400 miles Mr. REID. Mr. President, what was much on my mind after hearing the final re- away. The student has not been identified, just entered into the RECORD are ref- sults. The last thing I expected to see was but officials said he has been suspended in erences that are being made. They are this atrocious, blatant display of hurtful dis- connection to the incident. Read more about awful. They are hateful. They are respect, racism, and bigotry,’’ she said. it here. frightening. They are scary. I invite While she did not see any Trump signs on 22. A student at Bowling Green State Uni- any of my colleagues to read these hor- versity in Ohio reported being assaulted by the car, ‘‘just the fact that I saw this the day rible acts, and I invite any Senator, after the election kind of speaks for itself,’’ three white men and called a racial slur, the she said. university said. Democrat or Republican, to come right 19. A student at the New School in New A student at Bowling Green State Univer- down to this floor today and defend York City on Nov. 12 tweeted a photo of what sity in Ohio reported being assaulted by any one of them. It is an example of appears to be a swastika that was drawn on three white men and called a racial slur, the hate and prejudice. I don’t believe any- the door of her dorm where she lived with university said. one wants to defend hateful acts being other Jewish women. ‘‘We immediately reached out to the stu- committed in President-Elect Trump’s sam @samlichtenstein dent,’’ Thomas J. Gibson, the university’s name. We woke up to this on our door, in a dorm vice president for student affairs, said in a at @TheNewSchool, where 3 Jewish women statement. ‘‘Today, she filed a report with It leads to one unavoidable conclu- live. the Bowling Green Police Department. They sion. Many of our fellow Americans be- @ShaunKing @deray @parsonsdesign are investigating.’’ lieve that Trump’s election validates 11:06 AM—12 Nov 2016 23. A swastika was spray-painted on a side- the kind of bullying and aggressive be- Samantha Lichtenstein told BuzzFeed walk in New York’s Brooklyn Jewish neigh- havior Trump modeled on a daily basis. News in an email that one of her roommates borhood of Crown Heights. How do we teach our children that first saw the symbol when she was on her Mordechai Lightstone @Mottel bragging about sexual assault is abhor- way out of the dorm this morning. She took BREAKING: Swastika spray painted on rent if we rush into the arms of the a photo of it and sent it to her. Montgomery St in heart of Jewish Crown ‘‘My roommate and I walked around the Heights. Note: This is not a first here (h/t man who dismissed it as ‘‘locker room rest of the floor to see the symbol on 3 other @HirshelTzig ) talk’’? If we fail to hold Trump ac- doors,’’ Lichtenstein wrote. ‘‘We knocked on 11:35 AM—13 Nov 2016 countable, we all bear a measure of re- the doors to tell them of the defamation.’’ The Nazi symbol was painted on the sponsibility for normalizing his behav- The roommates have notified and filed re- comers of Montgomery St. and Brooklyn ior. ports with campus security as well as the Ave, Crown Heights resident Mordechai Here is a letter from a seventh grader NYPD. Lightstone told BuzzFeed News. from Rhode Island. She wrote the day ‘‘We are extremely heartbroken. This may Lightstone noted this was not the first after the election, and I will quote have been someone trying to play a joke, but time a graffiti swastika has appeared in the this is not funny. And it was not just one neighborhood. from the letter: door; 4 different doors were targeted, and 24. A Spanish-language sign at an Epis- I’m extremely scared, especially being a only on our floor,’’ Lichtenstein wrote. copal church in Silver Spring, Maryland—a woman of color, that the president of the NYC Mayor Bill de Blasio retweeted heavily Latino neighborhood just outside country that I was born and live in is mak- Lichtenstein on Saturday along with a short Washington D.C.—was vandalized on Satur- ing me feel unsafe when I usually don’t feel statement. day night with the words ‘‘TRUMP NATION’’ unsafe. It is even scarier because this man ‘‘Hate speech is reprehensible, and has no and ‘‘WHITES ONLY.’’ who is now the president of the United place in NYC,’’ de Blasio said. ‘‘To the af- Bishop Mariann Edgar Budde of the Epis- States of America has said such rude, igno- fected, we stand with you. To the perpetra- copal Diocese of Washington wrote on rant and disrespectful things about women tors, we are better than this.’’ Facebook she is ‘‘heartsick’’ at the van- and all different types of people and is now David E. Van Zandt, president of the New dalism at the Episcopal Church of Our Sav- in charge of our country. I want to feel safe School, also tweeted in support of the stu- iour. in my country but I no longer can feel safe dents, calling it ‘‘abhorrent’’ and saying he Bishop Budde added that she ‘‘can only with someone like Donald Trump leading the was taking ‘‘immediate and appropriate ac- imagine how the people of Our Saviour, one country. tion.’’ of the most culturally diverse parishes in the Our President is supposed to make 20. A woman was forced to remove her diocese, feel.’’ Read more about it here. people feel safe, but on Wednesday, a hijab on Nov. 11 by a man who threatened to 25. A Michigan police officer was suspended seventh grade girl awoke feeling fright- set her on fire with a lighter. The incident after flying a confederate flag at an anti- took place at the University of Michigan Trump rally on Nov. 11. ened to be a woman of color in America campus in Ann Arbor. Traverse City officer Michael Peters has because Donald Trump was President- ‘‘As told to the Ann Arbor Police, a stu- been suspended with pay after he drove a elect. If we ignore her voice and other dent was approached by an unknown man, pickup truck with a Confederate flag to an voices, this seventh grader will be left

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.005 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6322 CONGRESSIONAL RECORD — SENATE November 15, 2016 to conclude that we as a nation find in a period of morning business until 5 of a peaceful transition of power from her fear acceptable. p.m., with Senators permitted to speak one Presidency to another—that is the How do we show her that she does not therein for up to 10 minutes each. sort of tone I wish we would hear more have to be afraid? The first step is fac- The Republican whip. of here in the Senate and in the coun- ing reality. No matter how hard the f try generally, not pour gasoline on the rest of us work, the main responsibility fire, as the Democratic leader con- THE ELECTION AND SENATE lies within the man who inspired the tinues to do. fear. President-Elect Trump must act PRIORITIES It is true that we had an earth-shak- immediately to make Americans like Mr. CORNYN. Mr. President, I came ing event occur on November 8—the that seventh grade girl feel they are to the floor to talk about the election election of Donald J. Trump as the 45th welcome in his America. of November 8 and the opportunities we President of the United States. I be- Healing the wounds he inflicted will have, working together going forward, lieve the reason Mr. Trump was elected take more than words. Talk is cheap to turn the direction of the country is because the American people want and tweets are cheaper. Healing the around. Unfortunately, I found myself change. They are eager for Washington wounds is going to take action, but so sitting here listening to the latest ti- to tackle the big challenges we are fac- far, rather than healing these wounds, rade by the Democratic leader against ing as a nation, from terror threats Trump’s actions have deepened them. the President-elect and his team. Sure- abroad to a stagnant economy here at In one of his very first, if not his first ly he is entitled to his opinion, but he home. They are looking forward to an official act, he appointed a man seen as does nothing to contribute to the heal- administration that believes the rules a champion of White supremacy as the ing of our country after a very polar- apply to all of us equally—in other No. 1 strategist in the White House— izing, hotly contested election by con- words, equal justice under the law, not the No. 1, everybody else under him. tinuing to pile on the President-elect that a separate set of rules applies to According to CNN, ‘‘White nation- and his team. the Washington elites or those who can alist leaders are praising Donald We had an election. The American get away with it, that a different set of Trump’s decision to name [Stephen people voted. The American people rules applies to them than applies to Bannon] as his chief strategist.’’ In the chose their next President. But to the rest of us in the country. They same article, White nationalist leaders come here after the election, after the want equal justice under the law. They say they see Bannon ‘‘as an advocate American people have spoken and want restoration of the rule of law— for policies they favor.’’ made that choice, and continue to dis- something we have not seen in the out- According to the Southern Poverty parage their choice for the next Presi- going administration because of an Law Center, Bannon ‘‘was the main dent, as well as the leadership in the overpoliticized Department of Justice, driver behind Breitbart becoming a House and the Senate, really just among many other reasons. white ethno-nationalist propaganda smacks of—well, we used to call people I personally look forward to working mill.’’ like that sore losers. But, frankly, with the President-elect in the years When asked to comment on Bannon’s what he does is he also contributes to ahead to address issues that are impor- hiring, KKK leader David Duke told the coarsening of our discourse and de- tant to my State and to families across CNN, ‘‘I think that’s excellent.’’ bate here in the Senate. the country. A court filing stated that Bannon I had to check the Standing Rules of I am grateful, as well, that the Amer- said ‘‘that he doesn’t like Jews and the Senate to see whether rule XIX, ican people have entrusted such a big that he doesn’t like the way they raise which governs the terms of debate, task to Republicans, who will lead both their kids to be ‘whiny brats’ and that would cover the President or the Presi- Chambers of Congress. In an election he didn’t want [his] girls to go to dent-elect because certainly—when the year that no one could predict—in fact, school with Jews.’’ Senate rules say that ‘‘no Senator in almost every prediction I made was By placing a champion of White su- debate shall directly or indirectly by wrong—in an election year where very premacists a step away from the Oval any form of words impute to another few people were right about their pre- Office, what message does Trump send Senator or to other Senators any con- dictions as to the ultimate outcome, to the young girl who woke up Wednes- duct or motive unworthy or unbecom- we see a clear theme emerge: People day morning in Rhode Island afraid to ing of a Senator,’’ certainly the Demo- want something different from business be a woman of color in America? It is cratic leader’s comments, although not as usual when it comes to politics. certainly not a message of healing. technically within the ambit of the They want us to shift gears. They felt If Trump is serious about seeking rule, violate the spirit of the rule and it was necessary to get the country unity, the first thing he should do is the sort of debate and discussions we back on the right track. I agree with rescind his appointment of Steve ought to be having here in a civilized them. Bannon. Rescind it. Don’t do it. Think and civil and dignified sort of way. I will note the one thing the Amer- about this. Don’t do it. As long as a I realize the Democratic leader will ican people did not want to change, and champion of racial division is a step be leaving the Senate at the end of this that is the Republican majority of the away from the Oval Office, it will be year. I hope we can return to the sort Senate. That led to the reelection of impossible to take Trump’s efforts to of civil and dignified discourse and dif- Republican Senators in States such as heal the Nation seriously. ferences of opinion that we surely will Ohio, Pennsylvania, and Wisconsin, in So I say to Donald Trump: Take re- have from time to time about matters addition to the new Member of our con- sponsibility. Rise to the dignity of the of policy. This is the Senate, for heav- ference from the great State of Indi- Office of the President of the United en’s sake. This is where those dif- ana. I look forward to welcoming all of States instead of hiding behind your ferences are supposed to be debated and them, as well as our new Democratic Twitter account and show America litigated and discussed and then we colleagues, and invite them to work that racism, bullying, and bigotry have vote. But the sort of recriminations with us to try to meet the challenges no place in the White House or in that the Democratic leader keeps com- of these times and to work together to America. I yield the floor. ing back to just strike me as inappro- solve the challenges and problems that priate and uncalled for. confront the American people. f Rather than contribute to the sort of But it is very clear that the Amer- RESERVATION OF LEADER TIME healing of our Nation that Secretary ican people wanted a change in the The PRESIDING OFFICER. Under Clinton—who, by the way, had more to White House. They did not want to the previous order, the leadership time complain about than the Democratic change Republican majorities in both is reserved. leader does in terms of the outcome; Chambers of Congress. They did not f she ended up on the short end of the want to do that. Voters were able to stick—or the President of the United cut through the noise and see what we MORNING BUSINESS States, President Obama—the com- have been able to accomplish so far— The PRESIDING OFFICER. Under ments they have made, the gracious not that they gave us the Good House- the previous order, the Senate will be comments recognizing the importance keeping seal of approval, but they have

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.004 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6323 seen a difference in the last 2 years tricity, oil, gas, and other energy tion has been marked by a go-it-alone under a Republican majority in the sources as a way to keep them in tow. attitude. Remember, the President said Senate, and apparently they saw We also passed major legislation to he had a phone and a pen, and he was enough that they liked that they want- address the growing opioid epidemic quite prepared to act and not consult ed to keep us in the majority. They hurting families across the country. with Congress. Of course, that resulted have seen a Senate that has prioritized Under Republican leadership, the in a flood of Executive orders and uni- the American people, that has care- Senate saw all 12 appropriations bills lateral actions that won’t live out his fully and methodically returned the pass out of their respective committees term of office. When he becomes Presi- Senate back to the basics of doing our for the first time since 2009 and the dent, I am confident President-Elect job, which is legislating. That includes first balanced budget passed since 2001. Trump will reverse many of those Ex- passing key pieces of legislation Unfortunately, our Democratic col- ecutive orders, and we will work with through Congress, like the first leagues saw fit to filibuster those Sen- the administration to repeal much of multiyear highway bill in a decade. I ate appropriations bills, which is why the overregulation that is strangling realize that does not excite a lot of we are here after the election in the small businesses and our economy. people, but it is the basic fundamental waning days of 2016 to try to make sure Going into this year’s Presidential job of the Senate and the Congress to that we pay the bills and keep the gov- election, we all knew that the Presi- legislate, to deal with our infrastruc- ernment up and running in a lameduck dent-elect would have a decision to ture needs, as the Democratic leader session. make—either to shore up President This is not a great way to do busi- talked about. We actually did deal with Obama’s policies and further those bur- ness, and this isn’t our first choice. But some of our major infrastructure needs densome regulations that were created because of the filibuster of those appro- by passing the first multiyear highway by his administration or to rip up priations bills—even though they bill in a decade, which is important to those that are in place or were put in passed out by overwhelming bipartisan our economy, to public safety, and to place unilaterally and instead work majorities and represent policies that the quality of the environment. That with Congress on a bipartisan basis. are agreed to by both political par- represents a substantial accomplish- After all, we are the elected represent- ties—here we are. ment. We have also had more participation atives of the American people. It is our We also passed the first education re- on a bipartisan basis by Members of firm desire to unleash the sleeping form law since No Child Left Behind, the Senate in the legislative process. giant of the American economy, and I which was admittedly controversial. There were more votes on amend- believe we can, given the outcome of We repealed the common core man- ments—more than 250 during this Con- this election. dates and devolved more authority gress. This is because of the deter- Fortunately, President Trump ap- from Washington, DC, back to the mined leadership of our majority lead- pears to be eager to work with us to States, back to our school administra- er, Senator MCCONNELL, who has seen help grow American jobs, strengthen tors and parents and teachers where it fit to restore the power to committee our economy, and make sure that the belongs. chairmen to have the freedom and next generation is better off than those We should have learned by now the flexibility to lead their committees before it. As I said, that means pushing hard way that when somebody has a while allowing Members, on a bipar- back on harmful regulations that have bright idea here in Washington, DC, tisan basis, to contribute to legislation been promulgated by, for example, that has not been tried and tested before it comes to the floor and is sub- Obama’s Environmental Protection across the rest of the country in the ject to further action. I believe the re- Agency. It certainly means repealing laboratories of democracy known as sult is the creation of solid legislation ObamaCare, a law that was jammed our States, we are just as likely to get that will stand over time—not partisan through on a party-line vote and that it wrong. I would say Exhibit No. 1 or or ramming legislation through be- has not worked as it was promised to A for that is ObamaCare. Trying to cause you can do it but building con- work. take one-sixth of our economy and sensus and trying to address problems We have a lot of work ahead of us. I transform it in a way that does not get on a step-by-step basis. believe we also have a mandate from the buy-in of both political parties, With the election behind us, the Sen- the American people, who are sick and much less the American people, only to ate can begin looking to next year. We tired of business as usual, ready for see those promises not kept—that does are eager to finish our work this year, change and for a government that nothing to promote public confidence which I am sure we will shortly, and works for them and not against them. in their government. are looking to what we might be able I look forward to being part of that We did pass the Every Student Suc- to do with what the American voters change. I am grateful the American ceeds Act, which does send some of have given us in terms of majorities in people have given us the opportunity that power back home. both Houses and President-Elect to serve. We have done a number of other Trump. As I said, I look forward to I yield the floor. things, including one that I am par- working with the new President to im- Madam President, I suggest the ab- ticularly proud of, which was to help prove the lives of the men and women sence of a quorum. root out human trafficking and protect working day in and day out across the The PRESIDING OFFICER (Ms. the victims of this heinous crime—the country. This is an exciting moment AYOTTE). The clerk will call the roll. first major human trafficking legisla- for them and for us. It is good news The senior assistant legislative clerk tion passed perhaps in 25 years, and that we have been provided this oppor- proceeded to call the roll. more resources are now available to tunity. Mr. WYDEN. Madam President, I ask the victims of human trafficking so Fortunately, the Senate will con- unanimous consent that the order for that they can begin to heal. tinue to have a major role to play. the quorum call be rescinded. We proved that we could get some Over the last few months, we spent a The PRESIDING OFFICER. Without things done—not as much as we would lot of time talking about what was at objection, it is so ordered. have liked but some substantial things. stake in this election. At the forefront f As the Presiding Officer knows, lift- was the U.S. Supreme Court. So I look OPIOID ADDICTION ing the crude oil export ban has been forward to hearing who President very important to the energy producers Trump will nominate to fill the seat Mr. WYDEN. Madam President, last here in the United States and will go a being vacated by the death of Justice month, Democratic staff on the Fi- long way to making sure they get a Scalia. I hope that the Senate Judici- nance Committee put out a report doc- fair price for their product on the ary Committee will take that nomina- umenting the staggering shortage of world markets. It will also give us a tion up on a timely basis and that we treatment services in America for chance to help some of our allies will quickly move forward once the those suffering from opioid addiction. around the world against whom energy nomination is made. This report surveyed a cross-section of is used as a weapon by people who We have a lot more work to do. Over American communities and found there would cut off their supply to elec- the last 8 years, the Obama administra- is a yawning treatment gap keeping

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.005 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6324 CONGRESSIONAL RECORD — SENATE November 15, 2016 many from getting the help they need. Every time we look at a football who died as a result of their service during a Nearly 90 percent of Americans suf- game, we see dozens of ads for block- period of war. fering from opioid addiction, according buster drugs, but Americans watch The PRESIDING OFFICER. Under to the most current analyses, are not those ads and say: Yes, we want those the previous order, there will now be 30 receiving the treatment they need—90 cures, yes, we want the scientific minutes of debate equally divided in percent. The treatment gap is caused progress, but please, Congress, think the usual form. by a shortage of available treatment about policies that are going to allow The Senator from Missouri. services across the country, and even us to get those drugs. It is no wonder a OPIOID ABUSE where these services do exist, they are recent editorial pointed out it was Mr. BLUNT. Madam President, I am overwhelmed by demand. This gap is cheaper to fly round trip to India for a pleased to be here to talk about this straining rural communities that are hepatitis C treatment than to get it bill. First of all, following up on what already struggling to provide other es- here in the United States. People see my friend just talked about on opioid sential medical services. Asking these these bills piling up. If they are able to abuse, I want to particularly thank the communities to provide care when they afford their medications today, they Chair for her leadership on this issue. are stretched in such incredibly thin are saying: Are we going to lose access Really, as the chairman of the appro- ways forces them into impossible tomorrow? priating committee that looked at this choices. The result is even more lives To me, here is the bottom line for the before we had any legislation, it was in America are lost to opioid addiction. fall. Here is the bottom line for where largely the Chair’s effort that made us Earlier this year, after Congress we ought to go. Yes, we should support triple the amount of money we were passed legislation called CARA author- medical breakthroughs and research committing to this cause over a year izing anti-addiction programs, Mem- into cures, but let us not keep the pa- ago. I thank her for understanding this bers did an awful lot of celebrating, an tients out of the debate. Let us make and advocating for it as one of the two awful lot of victory laps, and fired off a sure we add the funds needed for treat- or three earliest Members to bring to forest of press releases, but that act ment for those who are addicted to the attention of the Senate that this is didn’t put a penny into these essential opioids, and as we look at this issue of a problem that affects rural America, treatment programs. I just wanted to cures, let us also look at policies to urban America, small States, and big come to the floor because we are look- make sure people can afford their States. I thank her for her leadership. ing at another crucial time to help medicines. Because of that, last year we had a those suffering from addiction. The The Committee on Finance has been 284-percent increase in the money com- press releases don’t do anything for looking at these issues. For example, mitted to that. We doubled that people suffering from these horrible ill- recently, I raised a serious objection amount again this year. Assuming we nesses who might turn next to heroin, when I learned a panel meant to be are able to move forward with the and when nearly 9 out of 10 addicted to studying how to turn the tide on opioid Labor, Health and Human Services bill opioids aren’t getting treatment, clear- addiction was stocked with people this year, it will be virtually a 600-per- ly there is much more that needs to be closely tied to opioid manufacturers. cent increase. We are already halfway done so it is critical in this lameduck We blew the whistle on that and four there, and that first half was largely session to follow through with funding. nominees to the panel were dismissed. because of the Presiding Officer’s un- I have been encouraged by several of We have a lot to do this fall. I know derstanding of this issue, and I am the conversations that have taken time is short, but, yes, let us promote grateful for that. place over the last few days about find- these new cures; yes, let us make sure Madam President, on the bill before ing a path forward to ensuring there be people who are addicted to opioids have the body today, I ask my colleagues to real funds for treating opioid addiction, new opportunities for treatment; and join me in supporting the Gold Star but I have seen some of these debates as we look at drug development, let us Families Voices Act. The legislation before, and I have been encouraged be- make sure we don’t see so many Ameri- passed the House unanimously in Sep- fore only to see the chance for progress cans on the outside looking in as prices tember. I hope the Senate will do the stall out. I would like to note that I be- go up and up and up. There is more same today. lieve there is a special reason right work to be done on both fronts: ensur- In 2000, Congress created the Vet- now to stand up for patients and make ing access to new science, ensuring ac- erans History Project at the Library of sure they have access to treatment, cess to treatment services, ensuring ac- Congress. That project was designed to that they have what they need. cess to affordable medicines. That is collect and catalog the stories of Amer- In the next few weeks, the Congress what we ought to be focusing on this ican war veterans. The purpose of the is going to consider another piece of fall. project was ‘‘to preserve the memories legislation called the 21st Century With that, I yield the floor. of this Nation’s war veterans so that Cures Act. This will be a bill designed Americans of all current and future to encourage research and scientific f generations may hear directly from development of new pharmaceuticals, CONCLUSION OF MORNING veterans and better appreciate the re- fast-tracking the development of phar- BUSINESS alities of war and the sacrifices made maceuticals. The PRESIDING OFFICER. Morning by those who served in uniform during I don’t take a backseat to anyone business is closed. wartime.’’ when it comes to supporting innova- To date, the Veterans History tion and scientific research. In fact, f Project has collected the oral history early in my Senate days, I chaired the GOLD STAR FAMILIES VOICES ACT records of over 100,000 veterans who Senate’s Science Subcommittee so I Mr. BLUNT. Madam President, I ask have served in the military since World know how important it is. At the same that the Gold Star Families Voices Act War I—100,000 stories preserved that time, this piece of legislation will also be reported. wouldn’t have been otherwise. offer a great benefit to the large phar- The PRESIDING OFFICER. Under As important and extensive as that maceutical companies in America. The the previous order, the Committee on project is, as important as those 100,000 Congress will be considering the Cures Rules and Administration is discharged memories are, today the project only bill with the backdrop of so many who from and the Senate will proceed to the includes firsthand narratives. Now, are addicted to opioids not being able consideration of H.R. 4511, which the what does that mean? That means that to get access to treatment, and they clerk will report. only people who are telling their own are going to be concerned about how The senior assistant legislative clerk story are included in the stories we there will be more research for new read as follows: have created and have been able to se- drugs because we want to see these cure because of the Veterans History A bill (H.R. 4511) to amend the Veterans’ cures. They are going to ask: How are Oral History Project Act to allow the collec- Project, which effectively excludes the we going to afford them? We want the tion of video and audio recordings of bio- stories of veterans who didn’t return cures, but we also want to be able to graphical histories by immediate family from the battlefield—the men and afford these medicines. members of members of the Armed Forces women who lost their lives defending

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.007 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6325 this country. This legislation would en- I first heard about this need in 2014, 2015, which became law on July 30 of sure the stories of veterans who made when thousands of patients, patient ad- last year. Senator KLOBUCHAR from the ultimate sacrifice would now be in- vocates, and others came to Congress Minnesota and Senator KING from cluded in the archives. in order to bring attention to the dev- Maine were especially supportive and How would this work? This bill would astating consequences of what was aggressive in getting this bill to the allow the family members of veterans then a brandnew Medicare policy. The finish line, and I thank them again for who are missing in action or who have devices they were concerned with are their partnership and their support. died as a result of their service to par- critical for patients who have lost their The act reinstated the longstanding ticipate in the project and tell the sto- ability to speak, to communicate with Medicare policy to offer immediate re- ries of their loved ones. Immediate friends and family and doctors, to call lief for patients experiencing incredible family members who can participate 911 in case of emergency, ALS patients difficulty accessing the important life- include parents, spouses, siblings, and and others with similar debilitating changing equipment I described. The children of veterans who were not able diseases. These patients are locked in, Steve Gleason Act of 2015 was a huge to tell their own story. We wouldn’t be unable to communicate, and it is only win for thousands of ALS patients, who we are today if it wasn’t for the because of miraculous, relatively new their families, caregivers, and others, acts of courage and selflessness of our devices that they can communicate but we need to make this act perma- fallen heroes. We owe it to them, but with caregivers and the outside world. nent. It is of limited duration as it was we also owe it to their families to In most cases, this involves their using passed last year. We need to make it permanent. It is as simple as that. We know of their names, their deeds, the a computer screen and keypad, where need to do it between now and the end honorable service they gave the coun- they literally make eye contact with of the year. try, and we need to preserve those the keyboard on a computer screen, So I encourage all of my colleagues memories. The families of these fallen type out a message, and then the com- to come together, as we did last year, heroes are in the best position to share puter through a computer voice articu- to take this commonsense step to em- their stories so future generations of lates that message to caregivers, fam- power these patients to be in touch Americans may never forget the people ily, doctors, and the outside world. with the outside world and their family we owe our freedom to and have not Because of a Medicare change—an and their caregivers—literally give been able to have their story told up unprovoked, unnecessary change in them voice, literally empower them, as until now. I think this legislation will Medicare policy—many of these pa- Steve has inspired and empowered so make a great program even better and tients were denied access to these life- many others with ALS. hope my colleagues will agree. changing devices. The devices were lit- FUNDING FOR LOUISIANA FLOOD VICTIMS I thank the American Gold Star erally confiscated in thousands of Madam President, I also rise to talk mothers for fighting to make this bill a cases. They were not allowed to use about another key unmet need that is priority. I thank Congressman CHRIS this technological miracle to make even of broader scope. As I said a few SMITH, who introduced this legislation them more fully independent. minutes ago, that is the urgent need in the House and who has been its ulti- Thank goodness, entered Steve Glea- between now and the end of the year to mate champion. I was happy to be able son, a superadvocate for the ALS com- pass emergency help for the recent to lead this bill through the Rules munity, an ALS patient himself. Steve flood victims of Louisiana who were Committee. is a former player for the New Orleans devastated by the consequences of that I urge all my colleagues to join me Saints. He famously blocked a punt enormous flood. today in helping to honor those who during the first game in which the Unfortunately, because there were made the ultimate sacrifice and make Saints reopened the Superdome after lots of other things in the news at the sure their stories and those of their Hurricane Katrina; then, a few years time when that flooding happened in loved ones become part of this historic after that, he was diagnosed with ALS Greater Baton Rouge and Acadiana, a record. himself. lot of Members and folks around the Madam President, I yield the floor. Just as he gave the city of New Orle- Nation don’t fully appreciate and un- The PRESIDING OFFICER. The Sen- ans a rallying point around which to derstand the gravity of that flooding. ator from Louisiana. rebuild after the devastation of Hurri- It was way underreported in the na- Mr. VITTER. Madam President, I rise cane Katrina, through his organization tional media. It was way underappre- to bring up two key priorities—two im- Team Gleason, Steve also gives the ciated and not fully understood by us portant unmet needs—which I hope ALS community and their families in the Congress. We have solved some this body and the U.S. House will act hope and a rallying point with his of that in the months since then, but on immediately and certainly by the motto: ‘‘No White Flags.’’ still, to this day, so many Americans end of the year. I believe Steve’s wife Michel summed don’t understand the gravity of that The first is the Steve Gleason Act, up the cause of ALS patients like Steve flooding. legislation I drafted which passed last and their loved ones succinctly when The flooding I am describing a few year but for a limited period of time. she said: months ago in Greater Baton Rouge We need to make that permanent for What causes me the most pain is the loss and Acadiana in Louisiana is the reasons I will explain. of his voice, I love hearing his voice. I want fourth worst natural disaster we have The second even broader need is to him to talk to me, and to our son Rivers. experienced in a decade or more, only ensure that victims of the recent flood- This disease takes his body; to take his voice behind Hurricane Katrina, Superstorm ing in Louisiana—many families whose just seems unfair. Sandy, and Hurricane Ike—the fourth lives were devastated in incalculable Of course, this is where this life- worst natural disaster by any reason- terms—get the aid they need. We made changing device and this similar med- able metric, such as FEMA individual an important downpayment on that be- ical equipment helps plug the gap. This assistance. Louisiana had over 114,000 fore we wrapped up business before the is why the horrible reversal in Medi- homes—114,000 homes—with a verified elections, with the understanding that care policy caused so many problems. loss. Let’s do a comparison to under- we would clearly revisit the issue be- Steve and I worked together on legis- stand the scope of that. tween now and the end of the year. lation that would reverse that policy In 2016, Missouri had horrendous Madam President, first, the Steve change and would give folks with ALS flooding, very serious flooding, and I Gleason Act. As I said, I am very happy their voices back. Steve was my guest certainly supported an appropriate re- that last year the Senate and the at the State of the Union speech in sponse there. That was about 2,500 indi- House passed my legislation, the bipar- 2015. That day, we met with Secretary vidual registrations. South Carolina tisan Steve Gleason Act of 2015. It pro- of Health and Human Services Sylvia had even greater flooding in 2015. That vided immediate relief to ALS, or Lou Burwell and were able to build major was 26,000 individual registrations. Gehrig’s disease, and other similar pa- momentum, resulting in Members on Northern and Central Louisiana in tients who needed the help to make both sides of the aisle and both houses March of this year had major flooding. sure they had access to important, life- of Congress coming together and even- That was 40,000 individual registra- changing medical equipment. tually passing my Steve Gleason Act of tions. We are talking 114,000 homes

VerDate Sep 11 2014 06:00 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.008 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6326 CONGRESSIONAL RECORD — SENATE November 15, 2016 with verified loss. That is comparable The PRESIDING OFFICER. Without Take the election of 1800, for exam- to the loss in New York State from objection, it is so ordered. ple. The campaign between John Superstorm Sandy. In Superstorm The bill was ordered to a third read- Adams and Thomas Jefferson was no Sandy, there were 124,000 homes with ing and was read the third time. picnic either. It was emotional, hard verified loss in New York—about the The PRESIDING OFFICER. Under fought, and full of partisan attacks. same number. Again, we are talking the previous order, the bill having been Each side alleged that the other would about 114,000 homes in Louisiana. Now, read the third time, the question is, bring about ruin to our young Nation. that was not all of Superstorm Sandy, Shall the bill pass? In his novel address, the new Presi- just New York. I am not counting New Mr. ISAKSON. Madam President, I dent, Thomas Jefferson, specifically Jersey. That was another significant ask for the yeas and nays. referenced the contentious process that number, but that gives us a sense of The PRESIDING OFFICER. Is there a the Nation had just gone through, but the magnitude we are talking about. sufficient second? then he said the following: ‘‘[B]ut this I thank all of our colleagues and our There appears to be a sufficient sec- [meaning the election] being now de- colleagues in the House and President ond. cided by the voice of the nation, an- Obama for proposing the beginning of The clerk will call the roll. nounced according to the rules of the The legislative clerk called the roll. an appropriate response. Before we Constitution, all will, of course, ar- Mr. CORNYN. The following Senators broke for the elections, we did pass sig- range themselves under the will of the are necessarily absent: the Senator nificant emergency funding to go be- law, and unite in common efforts for from Texas (Mr. CRUZ), the Senator yond the normal help in the Stafford the common good.’’ from Georgia (Mr. PERDUE), and the Act and other statutes that pertain to Let me repeat that: ‘‘all will . . . ar- Senator from Alabama (Mr. SESSIONS). FEMA and related agencies. About $400 range themselves under the will of the million was sent to the flood victims in The result was announced—yeas 97, nays 0, as follows: law, and unite in common efforts for Louisiana, but by any metric, that can the common good.’’ [Rollcall Vote No. 152 Leg.] only be the beginning. In fact, Presi- That is the key. That is what sepa- dent Obama at the time and Congres- YEAS—97 rates our Nation from tyrannies and sional leaders at the time pledged that Alexander Flake Murray other oppressive forms of government. this would be the beginning and that Ayotte Franken Nelson Baldwin Gardner Paul In the United States, we may have con- we would come back now and, between Barrasso Gillibrand Peters tentious elections. But at the end of now and the end of the year, finish an Bennet Graham Portman the day, we accept the results, and we appropriate response. Blumenthal Grassley Reed Blunt Hatch move forward for the common good. I mentioned losses in New York Reid That doesn’t mean we give up fighting Booker Heinrich Risch caused by Superstorm Sandy. It was Boozman Heitkamp Roberts for what we believe in, of course, but just a little more losses on homes Boxer Heller Rounds we fight within the law, not outside of flooded than we are talking about in Brown Hirono Burr Hoeven Rubio it. Louisiana, and yet New York received Cantwell Inhofe Sanders Our form of government endures be- $8.6 billion related to that in emer- Capito Isakson Sasse cause as a nation we respect the rule of Schatz gency CDBG funds. We are not asking Cardin Johnson law. But there is another thing to re- for near that amount, but that gives Carper Kaine Schumer Casey King Scott member about elections—not just the you a sense of the magnitude of the Cassidy Kirk Shaheen obligation that we have to accept the need. Certainly, the request the Gov- Coats Klobuchar Shelby results and move forward, but some- Cochran Lankford ernor and others—including myself and Stabenow thing else, and that is what President Senator CASSIDY—have put forward is Collins Leahy Sullivan Coons Lee Obama reminded us of the day after the fully justified by the numbers, by the Tester Corker Manchin Thune election: We are all Americans, and at metrics. Cornyn Markey Tillis the end of the day, we are all on the I would simply ask all of our col- Cotton McCain Toomey same side. leagues in the Senate and all of our Crapo McCaskill Udall Daines McConnell Vitter Everyone is sad when their side loses an colleagues in the House to do the right Donnelly Menendez Warner election, but the day after, we have to re- thing—to look at the facts, to look at Durbin Merkley Warren member that we’re actually all on one team. the figures, to look at the numbers, Enzi Mikulski Ernst Moran Whitehouse This is an intramural scrimmage. We’re not and to make the appropriate response, Feinstein Murkowski Wicker Democrats first. We’re not Republicans first. as we have in every other previous dis- Fischer Murphy Wyden We are Americans first. We are patriots first. aster, as we did in the lesser flooding in NOT VOTING—3 That is from President Obama the South Carolina, as we did in Missouri, Cruz Perdue Sessions day after the election. Indeed, we are as we did, certainly, with Superstorm Americans who believe in God-given Sandy, with Ike, Katrina, and Rita, et The bill (H.R. 4511) was passed. The PRESIDING OFFICER (Mr. freedoms, and what unites us is greater cetera—no special treatment. Just look than what divides us. In the coming at the numbers and look at the GARDNER). The Senator from South Da- kota. days, I look forward to working with metrics. Do the right thing. my fellow Americans from both parties Our request from Louisiana is fully f to meet the challenges that are facing in line with that and fully justified by MORNING BUSINESS our Nation. that precedent. It is a serious natural There is one thing that this election disaster. It was woefully under- Mr. THUNE. Mr. President, I ask made clear: It is that this economy is reported. So it is important that we all unanimous consent that the Senate be not working for American families. In learn more about it, focus on it, under- in a period of morning business, with one CNN exit poll last Tuesday, 63 per- stand the magnitude of the loss, and Senators permitted to speak therein cent of voters rated the economy as ensure that we respond properly and for up to 10 minutes each. poor. That result should not surprise adequately before the end of the year. The PRESIDING OFFICER. Without I look forward to continuing to work objection, it is so ordered. anyone. The last few years have been with all of my colleagues, starting with f tough for American workers. Job cre- ation has been sluggish. Wages have Senator CASSIDY, to do just that. THE ELECTION AND REPUBLICAN been stagnant. Economic growth has With that, I yield the floor. PRIORITIES I suggest the absence of a quorum. lagged far behind the pace of other re- The PRESIDING OFFICER. The Mr. THUNE. Mr. President, there is coveries, and opportunities for workers clerk will call the roll. no doubt that the election we have just have been few and far between. The legislative clerk proceeded to been through was a bad one. Emotions There is no wonder so many hard- call the roll. ran high on both sides and are still run- working Americans feel that they have Mr. ISAKSON. Madam President, I ning. But this is hardly the first time been left behind. To the millions of ask unanimous consent that the order it has happened in our history, and it American workers who are discouraged for the quorum call be rescinded. won’t be the last. by this economy I want to say this: We

VerDate Sep 11 2014 04:04 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.009 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6327 hear you. Republicans hear you. I military have the tools they need to currency of what was dubbed the promise you, we are going to act. defeat terrorist threats. We will make ‘‘favor factory’’ by a superlobbyist who Growing our economy is going to be sure that our military men and women would eventually go to jail for corrup- our No. 1 priority next Congress. remain the best equipped and the most tion. There are a number of things we can prepared fighting forces on the planet. Earmarks were used to reward cam- do to get the economy healthy again. Another key component to keeping paign donors and political supporters We can reform our Tax Code to reduce Americans safe is securing our borders. and to buy and sell the votes of politi- the burden on American families and We must have secure borders and poli- cians. The deciding vote that was nec- businesses. Right now our Nation has cies that encourage legal immigration essary to pass ObamaCare, for example, the highest corporate tax rate in the while discouraging illegal immigra- was secured with an earmark for Ne- developed world. More and more Amer- tion. braska and derided as the ‘‘Cornhusker ican companies are focusing their busi- Then there are the other priorities Kickback.’’ ness operations overseas because the we need to address: confirming a Su- Republicans lost control of Congress tax situation is so much better abroad. preme Court nominee who will judge in 2006, in part, as a result of the That means American jobs are going based on the law and the Constitution, public’s disgust with the corruption overseas with them. We have lost our protecting religious liberty, encour- within the favor factory. When Repub- competitive edge in an increasingly aging investment in our Nation’s infra- licans retook the House of Representa- global economy. Instead of pushing structure, and more. tives in 2010, a moratorium was put on corporations out of our country, we To all the Americans who voted for Congressional earmarking, which the should bring our Nation’s corporate tax change in this election, to every work- Senate also adopted. That remains in rate in line with those of other coun- er who has felt left behind in this econ- place to this day. tries to keep more jobs here in the omy, I want to say again: We hear you. Now some Republicans in the House United States. Republicans hear you. We are going to are pushing to reopen the favor factory Another big thing we can do is repeal fight for your priorities here in Wash- by lifting the moratorium, promising some of the burdensome government ington. We are committed to earning this time it will be different. Taxpayers regulations that are weighing down the trust that you placed in us on elec- ought to know that these promises are businesses. While some government tion day. simply hogwash. Having spent years regulations are necessary, every ad- The election is over, and it is time to fighting against earmarks, I am dis- ministration has to remember that reg- take up the work of governing the Na- appointed that one of the very first ulations have consequences. The more tion. Our Nation is facing many chal- votes after this election will be on a resources individuals and businesses lenges. It is time for all of us—Demo- Republican-led proposal to bring back spend complying with government reg- crat and Republican, liberal and con- earmarks. ulations, the less they have available servative—to unite to address them. If Congress should instead immediately to focus on the growth and innovation we work together, I firmly believe we pass legislation to make the ban on that drive our economy and create new will once again be able to say, as Presi- earmarks a permanent statutory prohi- opportunities for American workers. dent Ronald Reagan once said: bition. After all, you cannot drain the Over the past 8 years in particular, American’s best days are yet to come. Our swamps by feeding the alligators pork. businesses have had to devote far too proudest moments are yet to be. Our most With our national debt approaching $20 many resources to complying with gov- glorious achievements are just ahead. trillion, taxpayers expect Congress to ernment regulations. That has left I yield the floor. focus on cutting wasteful and unneces- them with few resources to dedicate to The PRESIDING OFFICER (Mr. sary spending instead of pigging out at growing and creating jobs. DAINES). The Senator from Arizona. the trough. Another thing we need to do is ad- f One of the worst parts of earmarks is dress our national debt, which has that we spend our time here when we EARMARKS nearly doubled over the past 8 years. are earmarking not providing oversight That debt is a drag on our economy. It Mr. FLAKE. Mr. President, a lot like for the massive appropriations bills slows growth and reduces economic op- indigestion, the desire for earmarks that get passed. That is the worst part portunity. It is time to get our govern- keeps coming back up. Tomorrow of it. We spend time doling out what ment back on a budget. afternoon our colleagues in the House amounts to a small portion of the Fed- Another way we can help lift the bur- will vote on a provision to overturn the eral budget, but it takes so much time den on American families is by repeal- Congressional ban on earmarking. As and effort from Members and their ing and replacing ObamaCare. The someone who helped put that ban in staffs just to secure that small bit of President’s health care law is broken. place, I believe it is important to ex- money that we are not spending the The promise of lower premiums and af- plain why it is very much still a neces- time we should providing oversight on fordable health care has given way to sity. the rest of the budget. That is the big- the reality of giant premium increases Consider the following: A teapot mu- gest crime of earmarks. and massive deductibles. It is time to seum in North Carolina, an indoor rain Instead of bringing them back, I hope give the American people health care forest in Iowa, bridges to nowhere in that we will actually pass a statutory reform that actually works. Alaska, a sheep institute in Montana, a prohibition that will remain. Another priority of the new Repub- Woodstock museum to commemorate I yield the floor. lican Congress will be national secu- the 1969 concert in New York, a $350 The PRESIDING OFFICER. The Sen- rity. Americans are rightfully worried million rocket launch site in Mis- ator from Illinois. about the threat posed by terrorist sissippi that was mothballed upon com- f groups such as ISIS, which has spread pletion that has been derided as the violence and devastation not only in ‘‘tower to nowhere,’’ and the weather IMMIGRATION the Middle East but across Europe and museum in Punxsutawney, PA. These Mr. DURBIN. Mr. President, like the beyond. We have even experienced are just some of the more infamous majority of Americans who supported ISIS-inspired terrorist attacks on pork projects that were tucked into the Democratic candidate for President American soil in San Bernardino and bills in Congress here during the by- in the most recent election, I was dis- Orlando. gone earmark era. appointed by the results. But last More recently, there were attempted During the heyday of earmarking in Wednesday, I publicly congratulated bombings in New York and New Jersey 2006, I believe there were some 16,000 President-Elect Donald Trump. I be- and an ISIS-inspired stabbing attack in earmarks spread around among the ap- lieve the bedrock principle of America Minnesota. Republicans are committed propriations bills at that time. Mem- is that we select our leaders and then to defeating ISIS abroad and keeping bers of Congress gleefully touted the come together as a country to try to Americans safe here at home. We in- outrageous manner in which billions of find common ground and move forward. tend to make sure that our law en- dollars were being misspent on obscure, On election night, the President- forcement agencies and our Nation’s parochial projects. Earmarks were the elect said:

VerDate Sep 11 2014 04:04 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.025 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6328 CONGRESSIONAL RECORD — SENATE November 15, 2016 Now it is time for America to bind the It was 6 years ago when I wrote a let- My parents always instilled in me the wounds of division. To all Republicans and ter to the President, President Obama, value of an education, which is one of the Democrats and independents across the Na- joined by Senator Dick Lugar, a Re- main reasons they decided to leave every- tion, I say it is time for us to come together publican from Indiana. On a bipartisan thing in Mexico and come to the United as one united people. States. I dedicated myself solely to my edu- basis, we asked the President of the cation to honor the sacrifices my parents I agree with the President-elect’s United States to protect these young statement. During the campaign, made. DREAMers who grew up in America It was because of those outstanding President-Elect Donald Trump used in- from deportation. academic achievements in high school cendiary and offensive language about These kids deserve a chance. We have that Oscar was admitted to Dartmouth immigrants and immigration. I con- invested in them. We have given them demned those remarks at the time. I a good education in American schools, College, an Ivy League school in Han- remain concerned about their impact and it makes no sense to squander over, NH. He is the first member of his on our Nation. their talents by deporting them to family even to attend college. Oscar has excelled at Dartmouth. But all Americans have an obligation countries they barely know. to give this incoming President a The President, President Obama, re- During his freshman year, Oscar re- chance. I am hopeful that he will keep sponded. He established the Deferred ceived the William S. Churchill prize his promise of election night to bind Action for Childhood Arrivals Pro- for outstanding academic achievement the wounds of division, to bring our gram, known as DACA. DACA provides and contributions to the college in the Nation together. If he does, I look for temporary, renewable, legal status to areas of ‘‘fairness, respect for duty, and opportunities where we can work to- immigrant students who arrive in the citizenship.’’ gether. As a first step in bringing our United States as children. Approxi- Oscar serves on the student board Nation together, I hope Mr. Trump will mately 740,000 of these young people that judges violations of the Dart- change his rhetoric and his approach to have come forward and signed up for mouth honor code. He cofounded and immigration. DACA. DACA has allowed them a codirected the college’s first immi- As the President-elect knows, we are chance, without the fear of deporta- grant rights organization, and now he a nation of immigrants, and immigra- tion, to contribute more fully to our is in his senior year at Dartmouth. He wants to be a teacher. He has ap- tion makes us stronger. Like me, Mr. country as soldiers, nurses, teachers, plied to graduate school at the Insti- Trump is the son of an immigrant. engineers, and police officers. DACA is tute for Recruitment of Teachers at When Mr. Trump takes the oath of of- based on the DREAM Act. It gives Phillips Academy. He wrote a letter to fice in January, the United States will these undocumented students who grew me and said: have a First Lady who is an immigrant up in this country a chance to earn for only the second time in our history their way toward legal status. When I received my DACA, the threat of deportation had been lifted and I felt I could and for the first time since 1801 when It is clearly legal. Like every Presi- dent before him, President Obama has actually achieve my dreams. DACA has al- President John Quincy Adam’s wife, lowed me to work for the first time and the Louisa Catherine Adams, was the First had the authority to set immigration money I earn goes to support my education Lady of the United States. policy, and the Supreme Court has re- and my family. During the campaign, Mr. Trump peatedly held that the Federal Govern- Oscar and so many other DREAMers pledged to deport all 11 million undocu- ment has broad authority in this area. have so much to give to America. If we DACA is not just legal. It makes mented immigrants, but in an inter- eliminate DACA, Oscar will lose his sense. The Department of Homeland view with ‘‘60 Minutes,’’ he recently legal status. He will be subject to de- Security only has enough funding to said he wanted to focus on deporting portation at any moment, and he could deport a small fraction of undocu- undocumented immigrants with crimi- be deported back to Mexico, a country mented immigrants. So the President— nal records. He acknowledged that mil- where he hasn’t lived for 15 years. our current President—and the Presi- lions of undocumented immigrants are Will America be a stronger country if dent-elect say: Let’s focus on those ‘‘terrific people.’’ we lose Oscar Cornejo or if he stays who might cause harm to America. I I wish to speak for a few moments here and becomes a teacher? I think agree with them. That is just common about some of those terrific people. the answer is very clear. sense. These words are important to me. I lis- I hope that President-Elect Trump But at the same time, President tened to them carefully. will consider that this young man is in Obama has said: Why would we want to It was 15 years ago when I introduced waste resources deporting young immi- a different category than someone who a bill known as the DREAM Act. My grant students who grew up in this came into this country and committed cosponsor at that time was Senator country and are making a great con- a serious crime. This is a young man ORRIN HATCH of Utah. This bipartisan tribution? During the campaign, Presi- who did just the opposite. He led a good bill recognized the fact that many of dent-Elect Trump pledged that he life. He was successful in high school. the undocumented in America were would end DACA. I hope that he will He has gone to college without any brought here as children. They didn’t reconsider that position. Federal assistance whatsoever. He make the family decision to get in the I have come to the floor over the last doesn’t qualify for a penny, yet he has car, to head for America—adults did. several years to tell the stories of these excelled and still, despite all these Some of them were only infants. But DREAMers. I can give speeches all day struggles, wants to give back to this they came to this country, and they about who they are, but some of them Nation, the only country he has ever have lived in this country since. They have the courage to step up and really called home. Losing him would be a go to school in America. They stand tell America who they are. loss to America. and pledge allegiance in the classroom Today I wish to speak to you about I appeal to the President-elect: Think to the only flag they have ever known. one of them. His name is Oscar long and hard about the future of this They speak English, and they believe Cornejo, Jr. In the year 2000, when country. Realize that he and I—the their future is in this country. Oscar was only 5 years old, his family President-elect and myself—as first- These were the DREAMers, and our came to the United States from Mex- generation Americans, have to under- bill said: Give them a chance. If they ico. Oscar grew up in Park City. It is a stand that it is immigration that has finish school and they have no serious small, northern suburb of Chicago, in brought so much by way of diversity criminal record, give them a chance to my home State of Illinois. and talent to the great United States. earn their way to legalization and citi- He was quite a student. In high We can’t shut down DACA. That would zenship. school he was a member of the Na- be horrible. It would mean that 744,000 Well, for 15 years this bill has been tional Honor Society and an Illinois young people such as Oscar, protected pending. Sometimes, it passes the Sen- State scholar. He received several Ad- from deportation, would wake up the ate. Sometimes, it passed the House. It vanced Placement awards and grad- next morning wondering if that knock never quite passed both Chambers in uated high school magna cum laude. on the door was the last they would the same year, and so it is still an aspi- This is what Oscar said about his high hear as a resident of America. I am ration and not legislation. school years: going to fight for Oscar and for the

VerDate Sep 11 2014 06:00 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.026 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6329 744,000 who qualify for DACA and for The curse of the billy goat and the three managers, and dozens of trades, the DREAMers like them who came omen of the black cat are all dead. Fly but he won. After game 7, he said he here as children and simply asked for a the W and hoist the trophy. The 2016 was just proud to bring the World Se- chance. Chicago Cubs are the World Series ries trophy back to Chicago for Cubs There is real division in the Senate, champs, the very best in baseball. They legends Billy Williams and the late the House, and in the country when it posted the winningest record in Major Ernie Banks and Ron Santo and for the comes to immigration. As I have told League Baseball, with 103 victories to generations of fans who never stopped these stories on the floor—almost 100 58 losses, and they finished 171⁄2 games hoping. of them now—I have noticed a number ahead in their division, ahead of the St. What can we say about Cubs Manager of my colleagues from the other side of Louis Cardinals, always a formidable Joe Maddon? He urged his players in the aisle say: That really is a different baseball team. It was the first time the spring training to ‘‘Embrace the Tar- situation. This is a young child who Cubs had posted the most wins in base- get.’’ When the chips were down, he should be given a chance. Now is the ball since 1945 and the first time the had never doubted the Cubs were the time for America—this Nation of im- Northsiders had won 100 games since finest team. While some may view his migrants—to heal our wounds that di- 1935. style as unorthodox, his confidence in vided us during this election. In postseason play, the Cubs his players carried over onto the field. I hope and pray that the President- launched a ninth-inning comeback to The Cubs never panicked. They got elect, by word and action, in the com- take the National League division se- their job done. ing weeks and months will truly bring ries against the Giants in four games. Maddon spent decades in Major us together. Then it was the Dodgers. After losing League Baseball before coming to the f in back-to-back shutouts, trailing the Cubs. With this Word Series trophy, he Dodgers 2 to 1 in the series, the Cubs joins a small list of managers to win CONGRATULATING THE CHICAGO rallied to beat the Dodgers in six pennants in the American and National CUBS ON WINNING THE WORLD games and claimed their first National Leagues. He earned the 2015 National SERIES League championship in 17 years. League Manager of the Year, and I am Mr. DURBIN. Mr. President, for 16 For generations, the World Series has betting he is going to claim the title years, broadcaster Harry Caray was the broken many a Cubs fan’s heart. After again this year. voice of the Chicago Cubs. He wasn’t in winning the Fall Classic in 1907 and I congratulate the players—the Yogi Berra’s league linguistically. 1908, the Cubs went on to lose the World Series champion Cubs. Harry Caray could turn a phrase. World Series in 1910, 1918, 1929, 1932, Mr. President, I ask unanimous con- ‘‘Holy cow!’’ was one of Harry 1935, 1938, and 1945, their last World Se- sent to have printed in the RECORD the Caray’s signature lines. Another leg- ries appearance until this year. names of the players. endary Harry Caray line that made Yet, against history and against rea- There being no objection, the names people jump for joy was this: son, as the 2016 World Series began, were ordered to be printed in the It might be. It could be. It is! A home run! Cubs fans dared to believe. Maybe this RECORD, as follows: Harry Caray loved baseball. He loved was the year. Their faith was tested. Anthony Rizzo; Kris Bryant; Chicago. He loved the Cubs. But most The Cleveland Indians are a great and Javier Baez; of all, he loved the Cubs fans, those gutsy ball club. They took an early and Addison Russell; generations of fans who packed Wrigley commanding control of the Series, Miguel Montero; Field every year, almost certain that leading the Cubs three games to one in Willson Contreras; the best of seven. Jon Lester; their team would lose but hoping for a Jake Arrieta; miracle. Harry Caray once said of the Then the magic started. With their Kyle Hendricks; citizens of Cubs Nation: backs to the wall, one defeat away John Lackey; This has been the remarkable thing about from elimination, the Cubs roared back Aroldis Chapman; the fans in Chicago, they keep drawing an to win the final three games of the Se- Jason Heyward; Dexter Fowler; average of a million-three a year, and when ries and brought the World Series tro- Jorge Soler; the season’s over and they’ve won their usual phy home to Chicago. They clinched Chris Coghlan; 71 games, you feel that those fans deserve a the World Series in game 7 with an 8- Albert Almora, Jr.; medal. to-7 win in extra innings. The game Mike Montgomery; Well, Harry Caray passed away in was tied 6 to 6 after nine innings. The Carl Edwards, Jr.; Pedro Strop; 1998. But like every Cubs fan, he be- suspense was heightened by a rain Hector Rondon; lieved until his final breath that the delay that was called just as the 10th Travis Wood; and Chicago Cubs, those loveable losers, inning was about to start. The rain Justin Grimm. would one day reclaim the title as stopped the game for 17 minutes. The Mr. DURBIN. Mr. President, I am Major League Baseball’s World Series Cubs scored 2 runs when they came going to wrap up. I see the majority champions, a title they held and won in back in the top of the 10th inning on a leader is on the floor, but I know he is 1908. double by Ben Zobrist and a single by a big sports fan. Well, Harry Caray was right. The day Miguel Montero. Catcher David Ross, playing in the came. Miraculously, in the early morn- The Indians scored a run in the bot- final game of his career, made history ing hours of November 3, in the 10th in- tom of the 10th inning, but it wasn’t when he hit a home run in the fifth in- ning of the 7th and deciding game enough. The final score: Cubs 8, Indians ning of game 7 to give the Chicago against the gritty, formidable Cleve- 7. Cubs a 6-to-3 lead. At 39 years of age, land Indians, the Chicago Cubs won the Ben Zobrist was named World Series almost 40—a senior by baseball stand- 2016 World Series. That heart-stopping MVP. It was only the sixth time in ards—Ross became the oldest player game 7—in fact, the whole series—was World Series history that a team had ever to hit a home run in World Series a contest for the ages and one that come back from a deficit of three game 7. Cubs fans will be talking about for gen- games to win a championship. The last Kyle Schwarber—what a comeback— erations. team to pull it off was the Kansas City tore his ACL in the third game of the Let me say it again. The Cubs’ im- Royals in 1985. season and worked his whole season in probable, come-from-behind World Se- This World Series victory was truly a physical rehab to try to come back. He ries championship marks the first time team victory. Every member of the made it just in time to play in the since 1908 that the Cubs won the World team and organization deserves credit. World Series. He ignited the Cubs’ 10th Series. Their 108-year drought with our Cubs General Manager Theo Epstein, inning rally in game 7 with a lead-off World Series trophy marked the long- destined for the National Baseball Hall single and finished the Series with a est losing streak of any team in any of Fame, arrived in Chicago in 2011 .412 average and two RBIs. sport in the United States of America. with the challenge of rebuilding an or- And then there is Ben Zobrist, the But all those years of dashed hopes and ganization that had tried everything to pride of Eureka, IL, and the MVP of deferred dreams are history. no avail. It took him five seasons, 2016.

VerDate Sep 11 2014 04:04 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.027 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6330 CONGRESSIONAL RECORD — SENATE November 15, 2016 I want to also congratulate the AMERICAN ENERGY AND CON- park and proud of his Appalachian her- Cleveland Indians’ manager Terry SERVATION ACT OF 2016—MOTION itage. His memory will continue on Francona and their entire organization TO PROCEED through his two children, Reid and and one of their best and most loyal Mr. MCCONNELL. Mr. President, I Xander. fans, Senator SHERROD BROWN. As move to proceed to Calendar No. 543, S. My thoughts go out to the Howard Terry Francona said after game 7, they 3110. family during this time of grief. I want tried until there was nothing left. The PRESIDING OFFICER. The to thank Mr. Howard for his many The epicenter of Cubs Nation is on clerk will report the motion. years of dedication to preserving a the North Side of Chicago, but it is The senior assistant legislative clerk park that is a treasure, not just for the much bigger. It reaches across Amer- read as follows: Commonwealth of Kentucky, but also the Nation. I am sure my Senate col- ica. The Cubs Nation has fans in every Motion to proceed to Calendar No. 543, S. city. Probably the most amazing pa- 3110, a bill to provide for reforms of the ad- leagues join me in expressing gratitude rade I have ever attended—and I have ministration of the outer Continental Shelf and admiration for Mr. Howard’s life been to hundreds—was the Cubs’ vic- of the United States, to provide for the de- and legacy of service as well. tory parade. They estimated the crowd velopment of geothermal, solar, and wind en- An area publication, the Mountain at 5 million. I tell you what, I think ergy on public land, and for other purposes. News WYMT, published an article on they are right. The population of the CLOTURE MOTION this sad incident. I ask unanimous con- 1 sent that the article be printed in the city of Chicago is 2 ⁄2 million, just to Mr. MCCONNELL. I send a cloture give an idea of how many they drew. motion to the desk. RECORD. There being no objection, the mate- I will close with a short story. Al- The PRESIDING OFFICER. The clo- rial was ordered to be printed in the though that 108 years between World ture motion having been presented RECORD, as follows: Series victories brought much heart- under rule XXII, the Chair directs the ache to the Cubs Nation, there was joy clerk to read the motion. [From WYMT, Aug. 23, 2016] after the drought. Quite a bit of that The senior assistant legislative clerk FRIENDS MOURN THE LOSS OF MAN KILLED WHILE MOWING GRASS joy was listening to the legendary read as follows: (By Caleb Noe) broadcaster who preceded Harry Caray CLOTURE MOTION as the voice of the Cubs. His name was BELL COUNTY, Ky.—Across the country, We, the undersigned Senators, in accord- park rangers wear a black band across their Jack Brickhouse—or just ‘‘Brick’’ to ance with the provisions of rule XXII of the his friends. He was born in Peoria and badges, mourning the loss of one of their Standing Rules of the Senate, do hereby own. he was the first voice of the Cubs. He move to bring to a close debate on the mo- ‘‘The Cumberland Gap staff is a family in was the play-by-play announcer from tion to proceed to Calendar No. 543, S. 3110, itself. Knowing that one of our own is no 1948 until 1981. He called games for the a bill to provide for reforms of the adminis- longer with us is definitely having its toll,’’ White Sox, the Bears, and the Bulls. No tration of the outer Continental Shelf of the said Supervisory Park Ranger Carol wonder he is in both the Baseball and United States, to provide for the develop- Borneman. ment of geothermal, solar, and wind energy the Broadcasters Hall of Fame. Berlin Forest Howard III, 27, a mainte- on public land, and for other purposes. nance worker at Cumberland Gap National On May 12, 1970, he was in the broad- Bill Cassidy, John Cornyn, Pat Roberts, Historical Park, was killed on the job while caster’s booth when ‘‘Mr. Cub,’’ the Mike Crapo, Lamar Alexander, Shelley mowing the grass. great Ernie Banks, reached a milestone Moore Capito, Daniel Coats, Mike We’re told the incident happened just off of few players ever achieve. Pat Jarvis Rounds, Richard Burr, John Barrasso, Pinnacle View Road, at the national park was pitching for the Braves, and this is John McCain, Orrin G. Hatch, Thom Monday morning, when a van collided with how Brickhouse called the play: Tillis, Johnny Isakson, John Boozman, Howard, who was on a riding lawn mower at David Vitter, Mitch McConnell. the time. Jarvis fires away. That’s a fly ball, deep to ‘‘It’s just hard to understand. It just makes left, back . . . Hey! Hey! Ernie Banks got Mr. MCCONNELL. I ask unanimous consent that the mandatory quorum us all think about telling our children every number 500! Everybody on your feet. This day how much we love them, because you . . . is . . . it! call be waived. don’t know when you’re going to have that And then Jack Brickhouse added his The PRESIDING OFFICER. Without chance again,’’ said Bruce Thompson, a fam- signature refrain: ‘‘Wheeeeee!’’ objection, it is so ordered. ily friend. When the Cubs won this World Se- f Bruce Thompson watched Howard grow up ries, I suspect that up in Heaven in Middlesboro and says it’s hard to find an- MORNING BUSINESS other young man as compassionate, caring, Brickhouse, Caray, Banks, Santo, and and hard-working. countless other Cubs’ players joined ‘‘[He] just absolutely loved life. He’d do those fans who had been waiting for REMEMBERING BERLIN FOREST anything to help you. It didn’t matter what that World Series for 108 years. At long HOWARD III time of day it was. If he could help you, he’d help you. It’s hard to find that caliber of a last, the Cubs are baseball’s real cham- Mr. MCCONNELL. Mr. President, I pions. person,’’ said Thompson. wish to pay tribute to a distinguished Recently, Howard took an interest in golf I yield the floor. Kentuckian and beloved member of the and actually won a ‘‘closest to the pin’’ con- The PRESIDING OFFICER. The ma- Cumberland Gap National Historical test at Middlesboro Country Club, just last jority leader. Park family who I regret has recently Tuesday. Mr. MCCONNELL. Mr. President, be- passed away: Berlin Forest Howard III. ‘‘He was very dedicated to trying to master fore my friend from Illinois leaves the Mr. Howard was lost while performing the game,’’ said Thompson. floor, among the fascinating stories Friends and family members will try to his job in service to our national parks. come to terms with the loss of a son, broth- connected with the Cubs’ great victory, He was 27 years old. er, and father. was it not the case they found three On August 22 of this year, a tragic ac- f 108-year-old women? I believe one lived cident befell him as he was mowing the in New Hampshire. I read a story about lawn in the park, and he was pro- TRIBUTE TO LEONARD DISHMAN her. And then I guess the other two nounced dead shortly after being Mr. MCCONNELL. Mr. President, I were still in Chicago; is that correct? rushed to the Middlesboro Appalachian wish to recognize a venerable Ken- Mr. DURBIN. That is how I remem- Regional Hospital. tuckian and veteran, Leonard ber it, yes. I don’t know if you read the Mr. Howard’s loss has been felt by Dishman. Mr. Dishman, along with a epilogue, but one of those 108-year-old many and has inspired those who were group of other veterans, was recently a women passed away within a few days close to him to reflect on what joy he participant in an honor flight visit to of the Cubs’ win of the World Series. brought to all those around him. Mr. Washington, DC, and he was also re- Mr. MCCONNELL. Satisfied, I am Howard had a happy, bright aura about cently recognized for his accomplish- sure, and ready to finally go on. him. He was someone who would al- ments in service by his hometown of Mr. DURBIN. Died with a smile. ways be caught smiling and bringing Monticello. Mr. MCCONNELL. It was a great, light to others with his positive atti- World War II veteran Leonard great story. Congratulations. tude. He was dedicated to the national Dishman experienced an unforgettable

VerDate Sep 11 2014 06:00 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.030 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6331 day on October 1 of this year when he, tober 1 Honor Flight was one of only two this tuckian and honorable veteran of the along with 75 other veterans, partici- year, and it was sponsored by Toyota Manu- Vietnam war, Don Parrish. More than pated in honor flight. This memorable facturing. four decades ago, Mr. Parrish and his The day began very early for Dishman and day began for Mr. Dishman at 4 a.m., his family, according to his daughter, hometown of Bardstown, KY, suffered when he and his daughter departed for Anneda Guffey. They left for the airport great loss: In the summer of 1969, four the Lexington airport. about 4 a.m. Once at the airport, the celebra- Bardstown soldiers Mr. Parrish knew Upon arrival, he and his fellow vet- tion began, as organizers had put together a well were killed in service to our coun- erans were greeted by Governor Matt big send-off for the veterans. Governor Matt try. This loss was one of the worst suf- Bevin and others who were there to Bevin and others were there to wish them fered by any town in the war. As the wish them a good trip. Mr. Dishman’s well on their day. years pass, Mr. Parrish finds himself guardian for the trip, Larry West, com- Larry West, commander for the local Dis- abled American Veterans, served as more and more emotional regarding his mander for the local Disabled Amer- Dishman’s guardian for the trip. time in uniform. ican Veterans, expressed how honored ‘‘It was such an honor for me to be a part In October of 1968, Mr. Parrish was and proud he was to be a part of such of this,’’ West said. ‘‘It was just an inspira- deployed to Vietnam with the C Bat- an ‘‘inspirational day.’’ tional day, and I am proud to have been part tery of the Kentucky Army National Honor flight provides an opportunity of it.’’ Guard. Mr. Parrish and his fellow sol- for veterans to visit the memorials in West and other members of the local diers were reportedly the best firing Washington honoring their service to D.A.V. learned more about Honor Flight when Gary Campbell from the organization battery in all of Southeast Asia. The our country. When Mr. Dishman and spoke to them about it earlier this year. battery consisted of childhood friends, the other veterans landed in DC, they Since Dishman was the oldest member of the brothers, and cousins. As boys who had were given a police escort to every stop local D.A.V., West thought it would be a grown up together to become men, they made in the city. They visited the great experience for him. He noted that the they operated flawlessly as a unit. World War II Memorial, the Korean priority of Honor Flight is to involve World The battery was ‘‘infused’’ with sol- War Memorial, and Arlington Ceme- War II veterans. diers from New Hampshire, a pre- Also at the send-off were members of a so- tery before they flew back to Lex- caution taken in an effort to prevent ington in the evening, where they were rority that provided breakfast for the vet- erans and their families. Once the plane too many men from the same home- welcomed back by lines of people wav- landed in Washington, D.C. the group en- town from remaining a part of one unit ing flags. joyed a police escort to every stop along the in case of fatal attacks. Regrettably, Mr. Dishman told his guardian, Larry way. that did not prevent an attack by the West, that it had been ‘‘the best day of West noted that they also visited the Ko- Viet Cong on Firebase Tomahawk, re- his life.’’ That same day, Mr. Dishman, rean War Memorial and the Vietnam War sulting in the tragic loss of four of Mr. a native of Monticello, was escorted by Memorial. The group went to Arlington Cem- Parrish’s Bardstown comrades and fel- police with his family back to his etery, where they watched the changing of the guard and the placing of the wreaths. low servicemen. hometown, where he was presented After a jam-packed day of touring different Mr. Parrish, a native of Bardstown, with a declaration proclaiming October memorials, the veterans and their guardians where he still lives today, worked for 1, 2016, ‘‘Leonard Dishman Day.’’ flew back into the Lexington airport, where many years operating his family’s busi- Honor flight is very close to my a heroes’ welcome awaited them. ness manufacturing concrete blocks. heart, as my own father served in Two lines of people waited, waving flags Eventually he and his wife Judy opened and cheering. West noted it was just like a World War II in the European theater, a bookstore together, which they ran and I am grateful to have had the privi- parade. ‘‘Leonard worked the crowd . . . He had a for almost 20 years. Mr. Parrish is now lege of meeting with several honor ball,’’ said West. ‘‘He told me later that this a volunteer member of KET’s Friends flight participants in the past. I am ex- was the best day of his life.’’ Board, which promotes KET in coun- tremely proud to represent Leonard It was about to get even better, as the ties all over Kentucky. Dishman, such a remarkable man and group of local residents returned to Monti- I am tremendously proud to rep- veteran here in the Senate, and I ex- cello. Dishman and his family were greeted resent such a remarkable man and vet- by policemen who escorted them to the area tend my thanks for his service. I am eran here in the Senate, and I extend sure my colleagues join me in express- near Ringley Tire on North Main Street. Family and friends greeted Dishman and he my thanks for Don Parrish’s service. I ing gratitude for his service as well. He was presented with a proclamation desig- am sure my colleagues join me in ex- truly represents the best of Kentucky. nating October 1, 2016 as ‘‘Leonard Dishman pressing gratitude for his service as An area publication, the Outlook, re- Day.’’ well. He represents the finest of Ken- cently published an article detailing The proclamation noted the many military tucky. Mr. Dishman’s day with the Honor accomplishments of Dishman, including re- A Kentucky publication, KET Vi- ceiving the Bronze Star of the Philippine Is- Flight program. I ask unanimous con- sions, recently published an interview sent that the article be printed in the lands for Liberation, two overseas bars, the Atlantic Pacific Theater Ribbon, the Army with Mr. Parrish about his experience RECORD. in Vietnam. I ask unanimous consent There being no objection, the mate- of Occupation Medal of Japan, the Good Con- duct Medal, the Combat Infantry Badge and that the article be printed in the rial was ordered to be printed in the the American Defense Medal. RECORD. RECORD, as follows: Dishman was named the D.A.V. Veteran of There being no objection, the mate- [From The Outlook, Oct. 12, 2016] the Year in 2011. rial was ordered to be printed in the Dishman was overwhelmed by the turnout DISHMAN HAS MEMORABLE DAY ON HONOR RECORD, as follows: FLIGHT TO WASHINGTON, D.C. and the reception he received. ‘‘I want to express my appreciation to [From KET Visions, Nov. 2016] Saturday, October 1 is a day that 91-year- D.A.V. Commander Larry West, who was my old Leonard Dishman will never forget. He HOMETOWN HERO PARRISH SERVED, SUFFERED guardian for the day, to the Monticello packed a whole lot of memorable experiences LOSS IN VIETNAM WAR Women’s Club, the Monticello Police Depart- in less than 24 hours, beginning with an early Don Parrish has always been able to talk ment, the Wayne County Sheriff’s Depart- morning flight from Lexington to Wash- about his Vietnam experiences. Not that it ment and the Monticello Fire Department, ington, D.C. and ending with a special cere- isn’t difficult. His losses—and they were as well as the citizens of Monticello and my mony commemorating a day in his honor great—affect him more and more as the family and friends, all of whom took part in back in his hometown of Monticello. years pass. Emotions rise more readily to this event,’’ stated Dishman. ‘‘It was thrill- Dishman, a World War ll veteran, was the surface. ing to see how our little town pulled to- among 75 veterans who participated in Honor ‘‘As time moves on, my emotions get gether and accomplished an event my family Flight that day. Dishman, like so many vet- worse,’’ said Parrish, who deployed to Viet- and I will never forget. I thank you all from erans, had never gotten the opportunity to nam in October 1968 with ‘‘C’’ Battery of the the bottom of my heart for this amazing gift visit the World War II Memorial, until he Kentucky Army National Guard, an artillery you gave me.’’ participated in Honor Flight. unit of men from Bardstown and the sur- Honor Flight’s mission is to fly World War f rounding area. II, Korean War and Vietnam veterans to TRIBUTE TO DON PARRISH ‘‘We went to Washington last fall to help Washington, D.C. for a one-day, all-expenses- our daughter and her husband move into a paid visit to the memorials that are dedi- Mr. MCCONNELL. Mr. President, I new apartment. While we were there, we cated to their service and sacrifices. The Oc- wish to recognize a distinguished Ken- went to the wall,’’ he said, his voice breaking

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.017 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6332 CONGRESSIONAL RECORD — SENATE November 15, 2016 as he remembered visiting the Vietnam Vet- lected as Pulaski County’s ‘‘Attorney [From the Commonwealth Journal, Sept. 6, erans Memorial. of the Year.’’ 2016] ‘‘It was tough. I’ve been there many times, Mr. Hatfield, a native of Nancy, KY, SOMERSET COMMUNITY COLLEGE ALUMNI and the crazy thing about it is that it gets graduated from Nancy High School in SPOTLIGHT: PULASKI COUNTY ATTORNEY tougher every time.’’ MARTIN HATFIELD Parrish, a member of KET’s Friends Board, 1976. The importance of a good edu- Although he now serves his home commu- a volunteer organization which promotes cation was instilled in him from a nity in a high-profile role, Pulaski County KET in counties statewide, was born and young age by his parents who them- Attorney Martin Hatfield wasn’t always a raised in Bardstown, where he still lives. He selves were educators. There was no fan of the limelight. In fact, the Nancy na- operated his family business manufacturing question Mr. Hatfield would continue tive and basketball stand-out credits his concrete blocks for many years, and later his education after graduating high time at Somerset Community College (SCC) opened a bookstore he and his wife, Judy, op- with helping him become more confident in erated for nearly two decades. school, but he was not yet ready to Parrish’s National Guard battery was ‘‘in- leave home. When the Somerset Com- himself as a student and leader. fused’’ with soldiers from New Hampshire. munity College presented him with a Hatfield graduated from Nancy High Infusion was a military policy designed to scholarship to play basketball, Mr. School in 1976. His parents, Avery and Lois Hatfield, always encouraged education in prevent too many men from the same home- Hatfield accepted, allowing him not town from dying in a single incident from their home. only to stay close to home, but also to ‘‘My parents were both educators,’’ Hat- the same unit. fulfill his dream of playing college bas- field said. ‘‘My sisters and I saw the value of In Bardstown’s case, however, the policy ketball. wasn’t enough to thwart fate. having a good education firsthand. High During their training and tour, the soldiers Upon graduating from SCC, he de- school was seen as a milestone in the edu- from Nelson County worked seamlessly as cided to move on to Eastern Kentucky cational process, not the end.’’ perhaps only men who had once been boys University. Mr. Hatfield, interested in Given that Hatfield was expected to con- tinue his education after high school, and together can. In fact, the unit not only con- pursuing a career in Federal law en- tained boyhood friends, but seven sets of had the opportunity to play college basket- forcement, began working as a dis- ball, his decision to attend Somerset Com- brothers and many cousins as well. patcher and deputy sheriff with the Pu- ‘‘We were declared to be the top firing bat- munity College was an easy one, he said. tery in all of Southeast Asia because we were laski County Sherriff’s office. Watch- ‘‘At 17, I wasn’t ready to leave home,’’ Hat- so effective and efficient,’’ he said with ing the trials sparked his love for the field said. ‘‘SCC was part of the University of pride. ‘‘Why? Because we went to school to- legal side of the justice system and in- Kentucky system and had a basketball team. gether and we knew each other. So when it spired him to apply to law school. I was offered a scholarship to play there and took the opportunity.’’ came time to do our job, we did it well.’’ Mr. Hatfield was accepted to the Uni- An attack by the Viet Cong on a rainy Most of Hatfield’s memories and stories versity of Louisville’s Brandeis School about his college days at SCC revolved night at the difficult-to-defend Firebase of Law, from which he graduated in Tomahawk, however, was too much for even around his time on the court. the best of the best. In that summer of 1969, 1981 and returned to Pulaski County. ‘‘Playing at SCC gave me the opportunity four Bardstown boys were killed, plus an- He served as an assistant Common- to fulfill a dream of playing basketball in other from ‘‘A’’ Battery of nearby wealth’s attorney for Pulaski and college,’’ said Hatfield, who was part of the Carrollton. Rockcastle Counties and then went on last organized SCC basketball team. ‘‘The The story of that loss, one of the worst suf- to serve as assistant U.S. attorney in community really pitched in to support the program by feeding us, giving us a place to fered from any town during the war, has the Eastern District of Kentucky for 16 brought news outlets, television documen- practice and play, and by attending the years before running for the position of games.’’ taries, and authors to Parrish’s door, and he Pulaski County attorney. has been interviewed by CNN, CBS Sunday After graduating from SCC, Hatfield chose Morning, and more about the fatal attack. In an effort to give back to the com- to transfer to Eastern Kentucky University. He also shared his experience with KET in munity that had given so much to his He wanted to go into federal law enforce- Kentucky Veterans of the Vietnam War: In family throughout his life, Mr. Hatfield ment, so he paid his dues by working as a Their Own Words. ran for county attorney and has held dispatcher and deputy sheriff with the Pu- laski County Sheriff’s Office and watching ‘‘There are a lot of guys who don’t talk the position since his election in 2010. about it—except to me,’’ said Parrish, who trials. There, he developed a love for the He now also serves on the boards of legal side of the justice system and was later returned to Vietnam and Firebase Toma- many organizations, such as the Som- hawk in 1995, accompanied by other vets and accepted to the University of Louisville WHAS-TV, which produced a program on the erset-Pulaski County Chamber of Com- School of Law, now known as the Brandeis trip. merce, the Fellowship of Christian School of Law. ‘‘War is really difficult to win when you Athletes, and the Governor’s Kentucky Hatfield graduated from law school in 1981 are on the enemy’s turf. That war could have Criminal Justice Council. Recently, he and came back to his home county to give been won had restraints been removed,’’ he was appointed by Governor Matt Bevin back. said. ‘‘I chose to come back home,’’ Hatfield as one of three county attorneys from said. ‘‘I knew I wanted to marry and have a ‘‘In fact, it is said by many, and I agree across Kentucky to serve on the Attor- with them, that the war was won—because family someday and that I wanted to raise its purpose was to stop the spread of Com- ney General’s Prosecutors Advisory my children here in Pulaski County. My wife munism among the Far Eastern nations. And Council. (Debbie, a kindergarten teacher at Pulaski to that end, we won the war.’’ This year, Martin Hatfield was cho- Elementary) and I have done just that. Pu- When Parrish talks about Vietnam, he also sen as Pulaski County’s ‘‘Attorney of laski County has been very good to my fam- remembers the good times, the camaraderie, the Year,’’ and he attributes his suc- ily throughout the years, which is one reason and fond memories, like the two guys from I ran for County Attorney . . . to give back cess to the support of his family, the to a community that has given so much to Bloomfield, Ky., who raced one another with education and confidence boost pro- 95-pound Howitzer rounds in each hand. me.’’ He has photographs, now fading, of the vided to him by SCC, and the dedica- In addition to his service as County Attor- people he met—like the Catholic priest who tion of his staff. I want to congratulate ney, a role he has held since being elected in still served at the same church when Parrish Mr. Hatfield for his years of service as 2010, Hatfield also serves on the boards of the returned in 1995. The stray dogs they adopt- an attorney in Pulaski County. I am Somerset-Pulaski County Chamber of Com- ed. The bunkers where they slept at night. sure his wife and children are very merce, Fellowship of Christian Athletes, These memories became a part of who he is. proud of him, and Kentucky is glad to Governor’s Kentucky Criminal Justice Coun- ‘‘I’m proud of my service,’’ Parrish re- cil, Kentucky County Attorneys Association, have benefitted from his work and Somerset Community College Foundation, flected. ‘‘I think we did well, and I’m sorry service. to lose friends, but that’s a part of war—a and is the Kentucky County Attorney’s rep- terrible part of war.’’ An area publication, the Common- resentative to the Kentucky Supreme Court wealth Journal, recently published an Criminal Rules Committee. He was also re- f article announcing Mr. Hatfield as cently appointed by Governor Matt Bevin as TRIBUTE TO MARTIN HATFIELD county ‘‘Attorney of the Year.’’ I ask one of three county attorneys from across Kentucky to serve on the Attorney General’s Mr. MCCONNELL. Mr. President, I unanimous consent that the article be Prosecutors Advisory Council. He is a mem- printed in the RECORD. wish to congratulate a distinguished ber of Sievers Lodge #491 and First Baptist Kentuckian and accomplished attor- There being no objection, the mate- Church. Most recently, Hatfield was recog- ney, Martin Hatfield. Mr. Hatfield re- rial was ordered to be printed in the nized as Outstanding County Attorney at the cently received the honor of being se- RECORD, as follows: Kentucky Prosecutors Conference.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.067 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6333 Before becoming the Pulaski County At- cation to helping the people of Ken- The dream of a new hospital became a re- torney, Hatfield served as an Assistant U.S. tucky, and I congratulate them on 45 ality in late 1969 as approval was given and Attorney in the Eastern District of Ken- years in their new hospital. Though it construction began in 1970. The hospital was tucky for 16 years. Prior to that, he served as started small, today Manchester Me- completed in mid-1971 and the transfer of pa- an Assistant Commonwealth’s Attorney for tients from Oneida to Manchester was made Pulaski and Rockcastle counties for almost morial Hospital has more than 500 em- in September of that year. five years. ployees and averages 60,000 patient vis- Here’s a look at the story from September His path, he said, has been greatly influ- its each year. It is the parent organiza- 9, 1971 where the hospital was moved from enced by his family and education. tion for five home healthcare offices Oneida to Manchester: ‘‘SCC provided someone like me, who was a serving 14-plus counties in Kentucky, Patients and equipment vacated the cen- little shy and backward, with the oppor- Tennessee, and West Virginia and has tury-old Oneida Hospital in what was de- tunity to not only learn, but to be com- been twice named a ‘‘100 Top Hospital scribed as one of the quickest moves in the fortable in a new environment,’’ Hatfield in America.’’ annals of hospital history. said. Hatfield’s sisters both attended SCC as An area publication, the Manchester Herb Davis, administrator of Memorial well, he said, and having the opportunity to Enterprise, recently published a piece Hospital in Manchester, said the 23 patients know everyone from the college president to announcing the 45th anniversary of at Oneida were moved in ‘‘record time’’ and his professors to his teammates, made a dif- Manchester Memorial Hospital. I ask without a ‘‘single incident.’’ All were ference. unanimous consent that the article be brought to the new Memorial Hospital in Manchester. ‘‘I grew so much during my time at SCC,’’ printed in the RECORD. Hatfield said. ‘‘My self-esteem was built Only three of the patients were able to sit There being no objection, the mate- up for the ride from Oneida to Manchester. through small classes and professors who rial was ordered to be printed in the took a personal interest in me. When I left The move was accomplished through the SCC, I knew I could excel in a college envi- RECORD, as follows: help of both local funeral homes, who pro- ronment.’’ [From The Manchester Enterprise, Sept. 8, vided ambulances and personnel to transport Today, Hatfield stays connected to the col- 2016] the patients 17 miles in distance. lege through his service on the SCC Founda- MEMORIAL HOSPITAL OPENS THEIR DOORS At the same time the patients were mov- tion board. In September 1971 patients were trans- ing, much of the medical care equipment ‘‘This is a small community,’’ he said. ‘‘We ferred from Oneida Hospital to the new Me- needed by patients was moved. all live here and are invested in each other. morial Hospital In one case, a patient was taken off the op- I feel certain the education I received at SCC Manchester Memorial Hospital is cele- erating table following surgery and the table played a big role in my success in life and brating its 45th anniversary this year. The was removed while he was in recovery to be supporting our local educational opportuni- hospital started from humble beginnings as transported. ties only strengthens our city and county for Oneida Mountain Hospital, which began in the next generation.’’ Statistics on the move as released by hos- the mid-to-late 20s by founder James Ander- pital officials list Mrs. Webb, 93, of Burning Spending his career in public service, Hat- son Burns, founder of Oneida Baptist Insti- field said, has given him the opportunity to Springs as the last patient to leave Oneida tute, and Dr. C. Adeline McConville, an op- Hospital. help set people up to achieve and succeed, tometrist from New York City. Mrs. Ester McIntosh was the last person to not fail. It was Anderson’s dream to bring a hos- receive surgery in the old hospital, and Mr. ‘‘It all starts with good raising and good pital to the area, and Dr. McConville was and Mrs. Billy Jones were parents of the last education, and I was blessed to have both,’’ captivated by his pursuit of it. She pledged baby born at the hospital. Hatfield said. ‘‘As County Attorney, one of to return to the mountains with him and the things I try to do is to help people under- work to open a hospital. The first baby born at Memorial Hospital stand what tools they need to change their Dr. McConville operated the hospital until in Manchester was born to Cassie and lives and become contributing members of the late 1930s, when failing health forced her Charles Stewart of Sibert, Ky. their community. I firmly believe education to retire. The move was accomplished through a 40- is one of the major tools necessary to accom- A Board of Trustees was selected and the hour continuous effort by many of the hos- plish that.’’ hospital deeded to the state of Kentucky so pital’s staff, who got things ready for the f it could receive state funding. It operated move, then set up again when the move was under their leadership until 1952, when the complete. RECOGNIZING MANCHESTER state returned the hospital back to the re- By noon, Tuesday, eight new babies had MEMORIAL HOSPITAL maining original trustees. been born at the hospital and 29 patients Mr. MCCONNELL. Mr. President, I The late Mr. Thomas Britton sought dili- were on the register. wish to celebrate the 45th anniversary gently for an organization to come operate of Manchester Memorial Hospital lo- the hospital. Through the advice of a friend, f he contacted the Seventh Day Adventist cated in Manchester, KY. Originally Church and they accepted the challenge. the Oneida Mountain Hospital founded Due to the building being vacant, their ARMS SALES NOPTIFICATION in the mid to late 1920s, Manchester first task was to make it usable again. Memorial Hospital is now a 63-bed, Through various donations they re-opened Mr. CORKER. Mr. President, section acute care, nonprofit Christian commu- the doors after a three-year hiatus on August 36(b) of the Arms Export Control Act nity hospital. 22, 1955. requires that Congress receive prior no- James Anderson Burns and Dr. C. Over the years, the hospital continued to tification of certain proposed arms Adeline McConville, an optometrist grow and by the mid–60s had an average oc- sales as defined by that statute. Upon cupancy of 139 percent. There were times such notification, the Congress has 30 from New York City, founded the origi- when the 22-bed hospital had 49 patients. The nal hospital in the early 1900s. In the calendar days during which the sale clinic was equally as crowded. The choice may be reviewed. The provision stipu- late 1930s, when McConville’s failing was obvious—build a new hospital. health forced her to retire, a board of Fund raising began with the plan to build lates that, in the Senate, the notifica- trustees was selected, and the hospital another hospital in the Oneida area. Plans tion of proposed sales shall be sent to deeded to the State of Kentucky so it were drawn and submitted, but the Depart- the chairman of the Senate Foreign could receive State funding. In 1952, ment of Health would not approve the site. Relations Committee. the State returned the hospital back to Hospital Administrator Herb Davis, with In keeping with the committee’s in- Dr. W.E. Becknell, negotiated through Mr. tention to see that relevant informa- the remaining original trustees. Saul Goins to build the hospital on a tract of The doors reopened in 1955 and by the land in the Lyttleton area that Mr. Goins tion is available to the full Senate, I mid-1960s, the hospital had an average farmed on. But there was a problem; there ask unanimous consent to have printed occupancy of 139 percent. The logical was no bridge to the land. in the RECORD the notifications which next step was to build a new hospital. Mr. Isom Hensley started a letter-writing have been received. If the cover letter After many years of hard work fund- campaign to the Department of Highways to references a classified annex, then such raising and negotiating, construction request a bridge be built. The State approved annex is available to all Senators in was completed in 1971 on a tract of land the bridge, and now the attention turned to the office of the Foreign Relations raising money for construction. Committee, room SD–423. in the Lyttleton area. Mrs. Marie Langdon and Mr. Bill Baker I would like to extend my thanks to started soliciting donations for the construc- There being no objection, the mate- the leadership and staff at Manchester tion. The Clay County Jaycees each pledged rial was ordered to be printed in the Memorial for their hard work and dedi- $200 apiece towards the construction. RECORD, as follows:

VerDate Sep 11 2014 06:00 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.068 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6334 CONGRESSIONAL RECORD — SENATE November 15, 2016

DEFENSE SECURITY Iraq originally purchased three (3) AC–208 detects incoming missile threats and indi- COOPERATION AGENCY, and three (3) C–208 aircraft in 2008. The cates their direction of arrival with the ’max- Arlington, VA, October 6, 2016. Cessna aircraft are used to support Iraqi imum’ of warning time. Hardware and soft- Hon. BOB CORKER, military operations against al-Qaeda affil- ware are UNCLASSIFIED. Technical data Chairman, Committee on Foreign Relations, iate and Islamic State of Iraq and the Levant and documentation provided are UNCLASSI- U.S. Senate, Washington, DC. (ISIL) forces. The purchase of two (2) addi- FIED. DEAR MR. CHAIRMAN: Pursuant to the re- tional aircraft enables the Iraqi Air Force to 6. The AN/AAQ–35 MX (Wescam MX–15D) is porting requirements of Section 36(b)(1) of continue its fight against ISIL. Iraq will a gyro-stabilized, multi-spectral, multi field the Arms Export Control Act, as amended, have no difficulty absorbing these aircraft of view electro-optical infrared imaging sys- we are forwarding herewith Transmittal No. into its armed forces. tem. The system provides surveillance laser 16–42, concerning the Department of the Air The proposed sale of this equipment and illumination and laser designation through Force’s proposed Letter(s) of Offer and Ac- support does not alter the basic military bal- use of an externally mounted turret sensor ceptance to Iraq for defense articles and ance in the region. and internally mounted master control. Sen- services estimated to cost $65.3 million. The principal contractor is Orbital ATK, sor video imagery is displayed in the aircraft After this letter is delivered to your office, Falls Church, VA. There are no known offset real time and may be recorded for subse- we plan to issue a news release to notify the agreements proposed in connection with this quent ground analysis. Hardware is UN- public of this proposed sale. potential sale. CLASSIFIED. Technical data and docu- Sincerely, Implementation of this proposed sale will mentation provided are UNCLASSIFIED. JAMES WORM not require the assignment of any additional 7. The LAU–131 launcher is tube shaped, (For J.W. Rixey, Vice Admiral, USN U.S. or contractor representatives to Iraq. 59.8 inches in length, and 10.125 inches in di- Director). There will be no adverse impact on U.S. de- ameter. It weighs 65 pounds and is capable of Enclosures. fense readiness as a result of this proposed carrying seven rockets (2.75 inch or 70mm). sale. All defense articles and services are ap- TRANSMITTAL NO. 16–42 Hardware is UNCLASSIFIED. Technical data proved for release by our foreign disclosure and documentation provided are UNCLASSI- Notice of Proposed Issuance of Letter of office. FIED. Offer Pursuant to Section 36(b)(1) of the TRANSMITTAL NO. 16–42 8. If a technologically advanced adversary Arms Export Control Act, as amended Notice of Proposed Issuance of Letter of were to obtain knowledge of the specific (i) Prospective Purchaser: The Republic of Offer Pursuant to Section 36(b)(1) of the hardware and software elements, the infor- Iraq. Arms Export Control Act mation could be used to develop counter- (ii) Total Estimated Value: Annex Item No. vii measures that might reduce weapon system Major Defense Equipment * $0 million. effectiveness or be used in the development Other $65.3 million. (vii) Sensitivity of Technology: of a system with similar or advanced capa- 1. Cessna AC–208: The Armed Caravan is a Total $65.3 million. bilities. (iii) Description and Quantity or Quan- specifically modified Cessna C–208 capable of 9. This sale is necessary in furtherance of tities of Articles or Services under Consider- operating in austere environments while pro- the U.S. foreign policy and national security ation for Purchase: viding real-time intelligence, surveillance, objectives outlined in the Policy Justifica- Non-MDE: and reconnaissance (ISR) and low collateral tion. Moreover, the benefits to be derived Two (2) Cessna AC–208 aircraft with dual damage kinetic strike capabilities. It is from this sale, as outlined in the Policy Jus- rail Hellfire launcher capability on each equipped with an integrated electro-optical tification, outweigh the potential damage wing. and infrared (EO/IR) laser sensor suite which that could result if the sensitive technology Two (2) AN/ALE–47 Electronic Counter- gives it a day/night ISR capability with a were revealed to unauthorized persons. measure Dispensers. laser illuminator, range finder, and desig- 10. All defense articles and services listed Two (2) AAR–60 Missile Launch Warning nator to allow employment of the AGM–114M in this transmittal are authorized for release Systems. missile through a 1760 mil bus interface. The and export to the Government of Iraq. Four (4) AN/AAQ–35 (Wescam MX–15D) aircraft has two external hard points for weapons and fuel carriage. The Iraq variant Electro-Optical Infrared Imaging Systems. DEFENSE SECURITY, will be equipped for use with AGM–114 mis- Two (2) LAU–131–A Launchers. COOPERATION AGENCY, Additionally, non-MDE includes contractor siles already in country. Critical components Arlington, VA. (cockpit and engine) will have aircraft armor aircraft modifications, spare parts, publica- Hon. BOB CORKER, tion updates, aircraft ferry, and miscella- able to withstand small arms fire. Hardware Chairman, Committee on Foreign Relations, neous parts. The total estimated program and software are UNCLASSIFIED. Technical U.S. Senate, Washington, DC. cost is $65.3 million. data and documentation to be provided are DEAR MR. CHAIRMAN: Pursuant to the re- (iv) Military Department: Air Force. UNCLASSIFIED. porting requirements of Section 36(b)(1) of (v) Prior Related Cases, if any: IQ–D–QAH 2. The proposed configuration includes the the Arms Export Control Act, as amended, for $20M signed on 13 Feb 2009 for C/AC–208 AN/ALE–47 Countermeasure Dispenser Set we are forwarding herewith Transmittal No. CLS, Transmittal 11–23. IQ–D–QAF for $5M (CMDS), the AN/AAR–60 Missile Approach 16–49, concerning the Department of the signed 26 Oct 2008 for C/AC–208 CLS, Trans- Warning System, the AN/AAQ–35 MX Army’s proposed Letter(s) of Offer and Ac- mittal 11–23. (Wescam MX–15D) Electro-Optical Infrared ceptance to the Government of Egypt for de- (vi) Sales Commission, Fee, etc., Paid, Of- Imaging System, and dual rail LAU–131 fense articles and services estimated to cost fered, or Agreed to be Paid: None. Hellfire launcher capability on each wing. $81.4 million. After this letter is delivered to 3. The AN/ALE–47 CMDS provides an inte- (vii) Sensitivity of Technology Contained your office, we plan to issue a news release grated threat-adaptive, computer controlled in the Defense Article or Defense Services to notify the public of this proposed sale. capability for dispensing chaff, flares, and Proposed to be Sold: See Annex attached. Sincerely, active radio frequency expendables. The AN/ (viii) Date Report Delivered to Congress: JAMES WORM ALE–47 system enhances aircraft surviv- None. (For J.W. Rixey, Vice Admiral, USN, ability in sophisticated threat environments. * As defined in Section 47(6) of the Arms Director). 4. The threats countered by the CMDS in- Export Control Act. Enclosures. clude radar-directed anti-aircraft artillery POLICY JUSTIFICATION (AAA), radar command-guided missiles, TRANSMITTAL NO. 16–49 Republic of Iraq—AC–208 Aircraft radar homing guided missiles, and infrared Notice of Proposed Issuance of Letter of The Government of Iraq requests to pur- guided missiles. The U.S. is not providing Offer Pursuant to Section 36(b)(1) of the chase two (2) Cessna AC–208 aircraft that in- any threat data. The system is internally Arms Export Control Act, as amended clude: dual rail LAU–131 Hellfire launcher ca- mounted and may be operated as a stand- (i) Prospective Purchaser: The Government pability on each wing, AN/ALE–47 electronic alone system or integrated with other on- of Egypt. countermeasure dispenser, AN/AAR–60 Mis- board electronic warfare and avionics sys- (ii) Total Estimated Value: sile Launch Warning System, AN/AAQ–35 tems. Expendable routines tailored to the Major Defense Equipment * $56.4 million. Electro-Optical Infrared Imaging System, immediate aircraft and threat environment Other $25.0 million. contractor aircraft modifications, spare may be dispensed using one of four oper- Total $81.4 million. parts, publication updates, aircraft ferry, ational modes. Hardware is UNCLASSIFIED. (iii) Description and Quantity or Quan- and miscellaneous parts. The estimated total Software is SECRET. Technical data and tities of Articles or Services under Consider- case value is $65.3 million. documentation provided are UNCLASSI- ation for Purchase: This proposed sale contributes to the for- FIED. Major Defense Equipment (MDE): eign policy and national security of the 5. The AN/AAR–60 Missile Approach Warn- Sixty-seven (67) AN/AAR–57 Common Mis- United States by helping to improve the se- ing System is a passive, true imaging sensor sile Warning Systems (CMWS). curity of a strategic partner. This proposed device that is optimized to detect the radi- Non-MDE: This request also includes the sale directly supports Iraq and serves the in- ation signature of a threat missile’s exhaust following Non-MDE: OCONUS Installation/ terests of the people of Iraq and the United plume within the ultra violet solar blind Integration, Installation Mounting Kits, States. spectral band. Functionally, the architecture Countermeasure Dispenser Test Set AN/

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.086 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6335 ALM–294, Technical Assistance, U.S. Govern- posed by infrared guided missiles. It also pro- dome and communications systems, upgrade ment Training and OCONUS Contractor vides automatic, passive missile detection, secure Identification Friend or Foe (IFF) Training, publications and technical docu- threat declaration, crew warning, software systems, site surveys, installation and ments, quality assurance and other related reprogramming, false alarm suppression and checkout, site acceptance testing, interim elements of logistics and program support. cues to other on-board systems, such as dis- contractor support, construction, contractor (iv) Military Department: Army (VGJ). pensers, which may be utilized for flare de- logistics support (CLS), spares, support (v) Prior Related Cases, if any: EG–B–VBT, coys. Each platform includes: Electro-optical equipment and training. Cost for additional A04 (02 JUL 15, TCV: $17.8M). Missile Sensors, and Electronic Control Unit non-MDE is $132 million. The total overall (vi) Sales Commission, Fee, etc., Paid, Of- (ECU), Sequencer, and the Improved Coun- estimated cost is $194 million. fered, or Agreed to be Paid: None. termeasures Dispenser (ICMD). The ECU (iv) Military Department: Air Force (X7–D– (vii) Sensitivity of Technology Contained hardware is classified CONFIDENTIAL; re- DAB). in the Defense Article or Defense Services leasable technical manuals for operation and (v) Prior Related Cases, if any: None. Proposed to be Sold: See Annex attached. maintenance are classified SECRET. (viii) Date Report Delivered to Congress: 2. If a technologically advanced adversary (vi) Sales Commission, Fee, etc., Paid, Of- October 6, 2016. were to obtain knowledge of the specific fered, or Agreed to be Paid: None. * As defined in Section 47(6) of the Arms hardware and software equipment, the infor- (vii) Sensitivity of Technology Contained Export Control Act. mation could be used to develop counter- in the Defense Article or Defense Services Proposed to be Sold: See Annex attached. POLICY JUSTIFICATION measures or equivalent systems which may Government of Egypt—Description of Sale: reduce weapon system effectiveness or be (viii) Date Report Delivered to Congress: Common Missile Warning System (CMWS) used in the development of a system with October 13, 2016. for AH–64E Apache, UH–60 Blackhawks and similar or advanced capabilities. * As defined in Section 47(6) of the Arms CH–47 Chinook Helicopters 3. A determination has been made that Export Control Act. Egypt can provide substantially the same de- POLICY JUSTIFICATION The Government of Egypt has requested a gree of protection for this technology as the possible sale of: U.S. Government. This proposed sale is nec- The Government of Kuwait—Radar Field Major Defense Eauipment (MDE): essary in furtherance of the U.S. foreign pol- System Sixty-seven (67) AN/AAR–57 Common Mis- icy and national security objectives outlined sile Warning Systems (CMWS). The Government of Kuwait has requested a in the Policy Justification. This request also includes the following possible total sale of six (6) Short Range Ra- 4. All defense articles and services listed in Non-MDE: OCONUS Installation/Integration, dars, otherwise known as Gap Filler Radars, this transmittal have been authorized for re- Installation Mounting Kits, Countermeasure one (1) Long Range Radar with Primary Sur- lease and export to Egypt. Dispenser Test Set AN/ALM–294, Technical veillance Radar (PSR) and Secondary Sur- Assistance, U.S. Government Training and veillance Radar (SSR) arrays, upgrades to DEFENSE SECURITY OCONUS Contractor Training, publications existing AN/FPS 117 (V) 3 Long Range Radar, COOPERATION AGENCY, and technical documents, quality assurance upgrades to airfield radome and communica- Arlington, VA, October 13, 2016. and other related elements of logistics and tions systems, upgrade to secure Identifica- Hon. BOB CORKER, program support. The estimated cost is $81.4 tion Friend or Foe (IFF) systems, site sur- Chairman, Committee on Foreign Relations, million. veys, installation and checkout, site accept- U.S. Senate, Washington, DC. This proposed sale will contribute to the ance testing, interim contractor support, DEAR MR. CHAIRMAN: Pursuant to the re- foreign policy and national security of the construction, contractor logistics support, porting requirements of Section 36(b)(1) of spares, support equipment, and training. The United States by helping to improve the se- the Arms Export Control Act, as amended, curity of a strategic partner that has been total estimated value of this sale is $194 mil- we are forwarding herewith Transmittal No. lion. and continues to be an important force for 16–38, concerning the Department of the Air political stability and economic progress in Force’s proposed Letter(s) of Offer and Ac- The Government of Kuwait requested a the Middle East. ceptance to the Government of Kuwait for limited competition between three (3) U.S. The proposed sale of the CMWS will equip defense articles and services estimated to vendors to procure a total of six (6) Short the Egyptian Air Force’s fleet of multi-mis- cost $194 million. After this letter is deliv- Range, Gap Filler Radars (e.g., AN/MPQ–64 sion helicopters with a detection system for ered to your office, we plan to issue a news Sentinel F1, AN/TPS–77, or AN/TPS–703) and infrared missile threats. Egypt will have no release to notify the public of this proposed one (1) Long Range Radar (e.g., AN/TPS–77 or difficulty absorbing this equipment into its sale. AN/TPS–78). Only one of the radars under armed forces. Sincerely, consideration, the AN/MPQ–64 is Major De- The proposed sale of this equipment and fense Equipment (MDE). The remaining ra- JAMES WORM support will not alter the basic military bal- (For J.W. Rixey, Vice Admiral, USN, dars identified by Kuwait for consideration ance in the region. Director). are non-MDE. The prime contractors will be BAE Sys- Enclosures. This proposed sale supports U.S. Govern- tems and DynCorp. There are no known off- ment national security goals by aiding a TRANSMITTAL NO. 16–38 set agreements proposed in connection with Major non-NATO Ally in the reduction of this potential sale. Notice of Proposed Issuance of Letter of transnational threats, weapons proliferation, Implementation of this proposed sale will Offer Pursuant to Section 36(b)(1) of the and the movement and support of inter- require the assignment of two (2) U.S. Gov- Arms Export Control Act, as amended national terrorists. ernment and two (2) contractor representa- (i) Prospective Purchaser: Government of The Government of Kuwait desires the tives to Egypt to support delivery of such Kuwait. radar field system in order to improve early equipment, installation and integration, (ii) Total Estimated Value: warning, enhance internal and external secu- maintenance and to provide technical sup- Major Defense Equipment * $62 million. rity, and protect national sovereignty. The port and equipment familiarization. Addi- Other $132 million. system provides situational awareness for tionally, this program will require multiple Total $194 million. Kuwaiti security forces to detect and inter- (iii) Description and Quantity or Quan- trips involving U.S. Government and con- dict fixed and rotary wing aircraft. This pro- tities of Articles or Services under Consider- tractor personnel to participate in technical curement provides coverage for Kuwait’s ation for Purchase: reviews, training and installation. northern and eastern borders. There will be no adverse impact on U.S. de- Major Defense Equipment (MDE): fense readiness as a result of this proposed Six (6) AN/MPQ–64 Sentinel F1 Radars. The prime contractor will be determined sale. Non-Major Defense Equipment (MDE): The by competition between Lockheed Martin, Bethesda, Maryland, Northrop Grumman, TRANSMITTAL NO. 16–49 Government of Kuwait requested a limited competition between three (3) U.S. vendors Falls Church, Virginia, and the Raytheon Notice of Proposed Issuance of Letter of to procure a total of six (6) Short Range, Gap Company, Waltham, Massachusetts. There Offer Pursuant to Section 36(b)(1) of the Filler Radars (e.g., AN/MPQ–64 Sentinel F1, are no known offset agreements proposed in Arms Export Control Act AN/TPS–77, or AN/TPS–703) and one (1) Long connection with this potential sale. Annex Item No. vii Range Radar (e.g., AN/TPS–77 or AN/TPS–78). This procurement includes a small number (vii) Sensitivity of Technology: Only one of the radars under consideration, of U.S. contractor system and maintenance 1. AN/AAR–57—Common Missile Warning the AN/MPQ–64 is Major Defense Equipment advisors under a long-term operations and System (CMWS)—The Common Missile (MDE). The remaining radars identified by maintenance support package. The exact Warning System (CMWS) provides superior Kuwait for consideration are non-MDE. Ad- number of personnel and period of perform- detection of infrared missile threats for ro- ditionally, Kuwait is requesting one (1) Long ance is yet to be finalized. This purchase will tary-wing, transport, and tactical aircraft. It Range Radar with Primary Surveillance not substantially alter the U.S. Government is the detection component of a suite of Radar (PSR) and Secondary Surveillance presence in Kuwait. countermeasures to increase survivability of Radar (SSR) capability on the Long Range There will be no adverse impact on U.S. de- current generation combat, airlift, and spe- Radar, upgrades to existing AN/FPS 117 (V) 3 fense readiness as a result of this proposed cial operations aircraft against the threat Long Range Radars, upgrades to airfield ra- sale.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.088 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6336 CONGRESSIONAL RECORD — SENATE November 15, 2016 TRANSMITTAL NO. 16–38 your office, we plan to issue a news release HONORING SERGEANT ANTHONY Notice of Proposed Issuance of Letter of to notify the public of this proposed sale. BEMINIO Sincerely, Offer Pursuant to Section 36(b)(1) of the Mr. GRASSLEY. Mr. President, early Arms Export Control Act J.W. RIXEY, this month, in my home State of Iowa, Annex Item No. vii Vice Admiral, USN, Director. Enclosures. a tragedy took place that shocked our (vii) Sensitivity of Technology: entire State. On Wednesday, November 1. The AN/MPQ–64 Sentinel Radar System TRANSMITTAL NO. 16–45 is a fielded air defense radar system in the Notice of Proposed Issuance of Letter of 2, 2016, the lives of Des Moines Police Army inventory. Sentinel is a derivative of Offer Pursuant to Section 36(b)(1) of the Sergeant Anthony Beminio and the AN/TPQ–36 Firefinder System used for Arms Export Control Act, as amended Urbandale Police Officer Justin Martin artillery detection and the AN/TPQ–36A Nor- (i) (U) Prospective Purchaser: United Arab were taken at the hands of an assail- wegian adapted Hawk system. Sentinel is a Emirates (UAE). ant. It is almost unimaginable for mobile, phased-array radar that provides (ii) (U) Total Estimated Value: somebody to attack the people who highly accurate 3 dimensional radar track Major Defense Equipment* $ 0 million. dedicate their lives to protecting our data to using systems via the Forward Area Other $75 million. communities. Unfortunately, it is a Air Defense (FAAD) Command, Control, and Total $75 million. threat all too familiar for everybody Intelligence (C2I) node. Sentinel acquires, tracks, and reports cruise missiles, un- (III) (U) DESCRIPTION AND QUANTITY OR QUAN- who has a family member in law en- manned aerial vehicles, fixed and rotary TITIES OF ARTICLES OR SERVICES UNDER forcement. Just after 1 a.m. on Novem- wing aircraft in clutter and electronic CONSIDERATION FOR PURCHASE: ber 2, police responded to a report of counter measures environments. The Sen- Non-MDE: shots fired and discovered that Officer tinel Export configuration (AN/MPQ–64F1) is The United Arab Emirates Air Force re- Martin was shot and killed in his car a derivative of the U.S. Army’s Improved quests participation in military exercises, while he was on duty. A short while Sentinel Radar. aerial refueling, airlift and ferry support, later, Sergeant Anthony Beminio was 2. The Sentinel consists of a radar-based training aids/devices/munitions, technical found shot and killed in his car. He was and logistics support services, and other re- sensor system with the M1152 HighMobility believed to have been responding to the Multipurpose Wheeled Vehicle (HMMWV) as lated elements of logistical and program sup- the prime mover and the MEP–1041 Advanced port. There is no MDE associated with this report of shots fired when he was killed Mobile Medium Power Source (AMMPS) Tac- potential sale. The total estimated cost is by the lone assailant who moments tical Quiet Generator as the power source. $75.0 million. earlier had allegedly killed Officer The sensor is an advanced battlefield radar (iv) (U) Military Department: Air Force Martin. Police do not have a motive for capable of X-band air defense phased-array (X7–D–NAF Amendment 4). the shootings. with an instrumented range of 75 kilometers (v) (U) Prior Related Cases, if any: AE–D– Nothing excuses the unforgivable act with a rotating antenna providing 360 degree NAF—$49M—20 Mar 12. of attacking a police officer. I praise azimuth coverage for acquisition and track- (vi) (U) Sales Commission. Fee, etc., Paid. these heroes who gave their lives car- ing. Offered, or Agreed to be Paid: None. 3. Sentinel has only one item currently (vii) (U) Sensitivity of Technology Con- rying out their mission to protect and designated Critical Program Information tained in the Defense Article or Defense serve. (CPI) and that is the Sentinel software mod- Services Proposed to be Sold: None. Sergeant Anthony ‘‘Tony’’ Beminio ules containing routines for electronic (viii) (U) Date Report Delivered to Con- joined the Des Moines police force in counter-counter measures (ECCM) that have gress: October 21, 2016. 2005, after serving with the Indianola been determined to be a CPI. *As defined in Section 47(6) of the Arms Police Department for 4 years. By all 4. These items are classified IAW EO 12958 Export Control Act. accounts, he was a talented athlete, a section 1.5, Classification categories as cat- POLICY JUSTIFICATION great detective, and he will be remem- egory 1.5(e) because they contain scientific, bered by his friends as a professional technological, or economic matters relative (U) United Arab Emirates (UAE)—Exercise to the national security. Reports, test data, Participation Support man who was always smiling. He and all Sentinel related media that discloses (U) The Government of the UAE requested earned a bachelor’s degree in criminal operational parameters, performance, char- a possible sale to include participation in justice from Simpson College in 2001 acteristics, ECCM techniques, military exercises, aerial refueling, airlift and then a master’s of science degree vulnerabilities, limitations or performance and ferry support, training aids/devices/mu- from the University of Cincinnati prior weaknesses shall be classified at the highest nitions, technical and logistics support serv- to becoming a police officer. level based on the information being con- ices, and other related elements of logistical Sergeant Beminio took after his fa- and program support. The estimated cost is veyed as referenced in the Sentinel Security ther, Frank Beminio, who served as a Classification Guide. Distribution of tech- $75 million. nical performance and system capabilities (U) This proposed sale contributes to the member of the Belmond Police Depart- reports and data shall only be released up to foreign policy and national security of the ment for 17 years, 8 of which were as the CONFIDENTIAL level. It is not possible United States by helping to improve the se- chief of police. As a school resource of- to obtain the Sentinel wartime reserved fre- curity of a major regional ally which has ficer at Roosevelt and East high quencies by reverse engineering, testing, or been, and continues to be, an important schools, Tony was cherished by stu- analyzing the unclassified Sentinel end item. force for political stability and economic dents and faculty. It takes a special 5. This sale is necessary in furtherance of progress in the Middle East. kind of person to be a school resource (U) This proposed sale contributes to the the U.S. foreign policy and national security officer, and Tony was an outstanding objectives outlined in the Policy Justifica- foreign policy and national security of the tion. Moreover, the benefits to be derived United States by helping to improve the role model who had a good relationship from this sale, as outlined in the Policy Jus- ability of the UAE to employ its fighter air- with the students he served. tification, outweigh the potential damage craft in a multi-country coalition environ- My thoughts and prayers are with that could result if the sensitive technology ment, such as Red Flag and Green Flag exer- the family and friends of Sergeant were revealed to unauthorized persons. cises. Participating in major exercises has Beminio in this difficult time. I want 6. All defense articles and services listed in enhanced the UAE’s continued and con- to express my deepest condolences to this transmittal are authorized for release sistent role in support of Coalition Oper- Sergeant Beminio’s wife, Zoe; his three and export to the Government of Kuwait. ations. The UAE is a steadfast coalition children, Cameron, Haley, and Maddoz; DEFENSE SECURITY partner in the fight against radical Islamic and his parents, Patricia and Frank COOPERATION AGENCY, forces such as ISIL and Al Qaeda (AQAP) in Arlington, VA, October 21, 2016. the Arabian Peninsula. Beminio. Hon. BOB CORKER, (U) The proposed sale of this equipment These trying times serve as a re- Chairman, Committee on Foreign Relations, and support does not alter the basic military minder to show our appreciation to U.S. Senate, Washington, DC. balance in the region. those who watch over our communities DEAR MR. CHAIRMAN: Pursuant to the re- (U) Implementation of this proposed sale and run to danger. We can look to the porting requirements of Section 36(b)(1) of will not require the assignment of any addi- words of wisdom from an Iowa mother the Arms Export Control Act, as amended, tional U.S. Government or contractor rep- who lost her son, Officer Carlos we are forwarding herewith Transmittal No. resentatives to the UAE. Puente-Morales, in the line of duty ear- 16–45, concerning the Department of the Air (U) There will be no adverse impact on U.S. Force’s proposed Letter(s) of Offer and Ac- defense readiness as a result of this proposed lier this year. As she said, ‘‘We ceptance to the United Arab Emirates for de- sale. All defense articles and services are ap- shouldn’t wait for a tragedy to recog- fense articles and services estimated to cost proved for release by our foreign disclosure nize our heroes.’’ We should all live by $75 million. After this letter is delivered to office. this sentiment and show appreciation

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.090 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6337 to the brave men and women who walk Puente-Morales, in the line of duty ear- RECOGNIZING REEDS BROOK in the footsteps of Sergeant Beminio lier this year. As she said, ‘‘We MIDDLE SCHOOL and Officer Martin to protect and serve shouldn’t wait for a tragedy to recog- Ms. COLLINS. Mr. President, I am our communities across the country. nize our heroes.’’ We should all live by delighted to commend Reeds Brook f this sentiment and show appreciation Middle School of Hampden, ME, on to the brave men and women who walk HONORING OFFICER JUSTIN being named a 2016 National Blue Rib- in the footsteps of Officer Martin and MARTIN bon School of Excellence. This out- Sergeant Beminio to protect and serve standing middle school is one of only Mr. GRASSLEY. Mr. President, early our communities across the country. 329 schools across the country to re- this month, in my home State of Iowa, ceive Blue Ribbon recognition from the a tragedy took place that shocked our f U.S. Department of Education. entire State. On Wednesday, November Created in 1982, the Blue Ribbon 2, 2016, the lives of Des Moines Police RECOGNIZING FALMOUTH MIDDLE Schools Program honors public and pri- Sergeant Anthony Beminio and SCHOOL vate schools that are either academi- Urbandale Police Officer Justin Martin cally superior in their States or that Ms. COLLINS. Mr. President, I am were taken at the hands of an assail- demonstrate significant gains in stu- delighted to commend the Falmouth ant. It is almost unimaginable for dent achievement. The schools singled Middle School of Falmouth, ME, on somebody to attack the people who out for this national recognition are being named a 2016 National Blue Rib- dedicate their lives to protecting our models of high educational standards bon School of Excellence. This out- communities. Unfortunately, it is a and accountability. threat all too familiar for everybody standing middle school is one of only The Blue Ribbon designation con- who has a family member in law en- 329 schools across the country to re- tinues Reeds Brook’s tradition of qual- forcement. ceive this prestigious recognition from ity education. In 1997, just 2 years after Just after 1 a.m. on November 2, po- the U.S. Department of Education. it opened, the school became just one lice responded to reports of shots fired Created in 1982, the Blue Ribbon of five middle schools in Maine to be and discovered that Officer Martin was Schools Program honors public and pri- accredited by the New England Asso- shot and killed in his car while he was vate schools that are either academi- ciation of Schools and Colleges. Today, on duty. A short while later, Sergeant cally superior in their States or that after earning reaccreditation in 2007, Anthony Beminio was found shot and demonstrate significant gains in stu- Reeds Brook Middle School is one of killed in his car. He was believed to dent achievement. The schools singled just three Maine middle schools to have been responding to the report of out for this national recognition are achieve that distinction. shots fired when he was killed by the models of high educational standards This award recognizes the hard work lone assailant who moments earlier and accountability. and determination of Reeds Brook Mid- had allegedly killed Officer Martin. At Falmouth Middle School is among a dle School’s pupils, teachers, and staff. this time, police do not have a motive select group of schools to achieve the It is a top-performing school on State- for the shootings. Blue Ribbon designation not once, but required assessments, and educators at Nothing excuses the unforgivable act twice. Since receiving its first award in the school use assessments throughout of attacking a police officer. I praise 2008, the school has continued to excel the academic year as a tool for improv- these heroes who gave their lives car- as a community of collaborative and ing and customizing instruction. A rying out their mission to protect and engaged learners who value diversity, strong commitment to professional de- serve. kindness, creativity, excellence, re- velopment ensures that teachers and Justin Martin obtained a bachelor’s sponsibility for self, and service to oth- staff, as well as students, are lifelong degree in criminal justice from Simp- ers. learners. son College, with a lifelong dream of This award recognizes the hard work Reeds Brook excels as a school built becoming a police officer. As Officer and determination of Falmouth Middle on a foundation of responsibility, re- Martin’s father said, ‘‘He went into law School’s pupils and staff. This is a top- spect, honesty, and compassion. enforcement for one reason—because performing school on State-required Through a unique weekly trading card he wanted to help people.’’ Justin assessments, and staff at the school use program, teachers and staff recognize achieved that dream when he joined assessments throughout the academic students who demonstrate those val- the Urbandale Police Department in year as a tool for improving and cus- ues, instilling a sense of individual and 2015. tomizing instruction. A strong com- school pride. I want to express my deepest sym- mitment to professional development Reeds Brook Middle School is known pathy to Officer Martin’s parents, ensures that teachers and staff, as well for its extensive extracurricular activi- Randy and Jayne Martin; his brother as students, are lifelong learners. ties in academics, athletics, and the Ryan Martin; his maternal grand- Falmouth Middle School is known for arts, and students are encouraged to mother, Ann Margaret Krommendyk; its extensive extracurricular activities pursue their interests. An on-site gar- his paternal grandparents, Gene and in academics, athletics, and the arts, den and greenhouse promote vol- Carolyn Martin, as well as his extended which help forge a strong school com- unteerism throughout the community. family and friends for their loss. Offi- munity where students are connected Students serve their community by cer Martin was an Eagle Scout. He was and encouraged to pursue their inter- working with the local food pantry and active in many extracurricular activi- ests. Just this year, three new after- recycling center. ties such as football, swimming, and he school clubs were formed—in French, Two projects underscore the values also played the trombone. Officer Mar- writing, and dance—driven by enthusi- that guide Reeds Brook Middle School. tin, like Sergeant Beminio, was a fine astic students and guided by involved Students avidly support the Special example of a community leader whom teachers. Olympics, championing and cheering our young people should aspire to be This Blue Ribbon award is a tribute not just their team, but also athletes like. By all accounts, he was a well- not only to the students, but also to from other schools. Through an ongo- rounded, upstanding citizen. Officer the administrators, teachers, staff, and ing project, students meet with and Martin left a lasting impact on the parents of Falmouth Middle School. interview local veterans, preserving communities he was part of, and we Together, they are succeeding in their the veterans’ living histories and hon- should follow the example that he set mission to generate excitement and oring their service. for us. momentum for learning. They are This Blue Ribbon award is a tribute These trying times serve as a re- making a difference in the lives of not only to the students, but also to minder to show our appreciation to their students, helping them reach the administrators, teachers, staff, and those who watch over our communities their full potential as independent, re- parents of Reeds Brook Middle School. and run to danger. We can look to the sponsible learners and citizens. I con- Together, they are succeeding in their words of wisdom from an Iowa mother gratulate the entire community for mission to generate excitement and who lost her son, Officer Carlos this well-deserved recognition. momentum for learning. They are

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.015 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6338 CONGRESSIONAL RECORD — SENATE November 15, 2016 making a difference in the lives of Throughout his life, Mr. Barlow was MESSAGES FROM THE HOUSE their students, helping them reach a fierce advocate for Oregon’s schools RECEIVED DURING ADJOURNMENT their full potential as independent, re- and students. He attended Lewis and ENROLLED BILLS SIGNED sponsible learners and citizens. I con- Clark College and Oregon State Univer- Under the authority of the order of gratulate the entire Hampden commu- sity before teaching at three different the Senate of January 6, 2015, the Sec- nity for this well-deserved recognition. Oregon public institutions. His count- retary of the Senate, on September 29, f less teaching awards on both the local 2016, during the adjournment of the and national level, including ‘‘Teacher RECOGNIZING SEA ROAD SCHOOL Senate, received a message from the of the Year,’’ speak volumes about Mr. House of Representatives announcing Ms. COLLINS. Mr. President, I am Barlow’s pedagogical excellence. He delighted to commend the Sea Road the Speaker had signed the following furthered his dedication to students enrolled bills: School of Kennebunk, ME, on being when he served as a senior leader on named a 2016 National Blue Ribbon S. 3283. An act to designate the commu- the Oregon High School International nity-based outpatient clinic of the Depart- School of Excellence. This outstanding Relations League Model United Na- elementary school is one of only 329 ment of Veterans Affairs in Pueblo, Colo- tions and the Oregon Council for the rado, as the ‘‘PFC James Dunn VA Clinic.’’ schools across the country to receive Social Studies and Advanced Place- H.R. 3004. An act to amend the Gullah/ this prestigious recognition from the ment Teachers of the State of Oregon. Geechee Cultural Heritage Act to extend the U.S. Department of Education. In 1964, he took political learning and authorization for the Gullah/Geechee Cul- Created in 1982, the Blue Ribbon tural Heritage Corridor Commission. Schools Program honors public and pri- engagement to another level when he H.R. 3937. An act to designate the building vate schools that are either academi- founded the Model Presidential Nomi- utilized as a United States courthouse lo- cally superior in their States or that nating Convention. These conventions cated at 150 Reade Circle in Greenville, demonstrate significant gains in stu- were entirely student-led, but made North Carolina, as the ‘‘Randy D. Doub United States Courthouse’’. dent achievement. The schools singled possible with the encouragement and guidance of Mr. Barlow. The conven- H.R. 5147. An act to amend title 40, United out for this national recognition are States Code, to require restrooms in public models of high educational standards tions became critical in Oregon’s Presi- dential politics, as national leaders buildings to be equipped with baby changing and accountability. facilities. This award recognizes the hard work such as Robert Kennedy, George H.W. H.R. 5578. An act to establish certain rights and determination of the Sea Road Bush, Jimmy Carter, Ronald Reagan, for sexual assault survivors, and for other School’s pupils and staff. Sea Road and Bill Clinton visited and gave purposes. School is a top-performing school on speeches to thousands of Oregon high H.R. 5883. An act to amend the Packers and State-required assessments, and staff school students. Stockyards Act, 1921, to clarify the duties re- lating to services furnished in connection at the school use assessments through- Mr. Barlow understood, as dem- with the buying or selling of livestock in out the academic year as a tool for im- onstrated by these model conventions, commerce through online, video, or other proving and customizing instruction. that civic engagement is fundamental electronic methods, and for other purposes. Students also participate in extra- to our ‘‘We the People’’ democracy. In Under the authority of the order of curricular activities, which helps forge his teaching and leadership, Mr. Bar- the Senate of January 6, 2015, the en- a strong school community where stu- low spread the message that it is up to rolled bills were signed on October 3, dents are connected and encouraged to all of us to create the change we wish 2016, during the adjournment of the pursue their interests. Indeed, a suc- to see in the world. Senate, by the Acting President pro cessful vote on a town ordinance to ban With his involvement in Oregon tempore (Mr. CASSIDY). single-use plastic bags in Kennebunk schools, model conventions, and his ENROLLED BILLS SIGNED this spring started with research and local church, Mr. Barlow became an ex- Under the authority of the order of advocacy by Sea Road School students. ample of how we can make a signifi- the Senate of January 6, 2015, the Sec- Sea Road School is a member of Re- cant impact in our communities gional School Unit 21. Six years ago, retary of the Senate, on September 29, through simple acts of participation 2016, during the adjournment of the Kennebunkport Consolidated School, and leadership. another member, was also named a Senate, received a message from the We need more leaders like Jim Bar- House of Representatives announcing Blue Ribbon School. RSU 21 is the first low in our Nation. I thank Mr. Barlow administrative unit in Maine to have the Speaker had signed the following for his decades-long devotion to his enrolled bills: two schools attain this distinction. students and to our great State of Or- This Blue Ribbon award is a tribute S. 246. An act to establish the Alyce Spot- egon. My thoughts are with his family not only to the students, but also to ted Bear and Walter Soboleff Commission on and loved ones as they honor his mem- the administrators, teachers, staff, and Native Children, and for other purposes. ory and the truly impressive legacy he H.R. 2733. An act to require the Secretary parents of Sea Road School. Together, leaves behind.∑ of the Interior to take land into trust for they are succeeding in their mission to certain Indian tribes, and for other purposes. generate excitement and momentum H.R. 5944. An act to amend title 49, United f for learning. They are making a dif- States Code, with respect to certain grant ference in the lives of their students, assurances, and for other purposes. helping them reach their full potential MESSAGES FROM THE PRESIDENT H.R. 5946. An act to amend the Internal Revenue Code of 1986 to exclude from gross as independent, responsible learners Messages from the President of the and citizens. I congratulate the entire income any prizes or awards won in competi- United States were communicated to tion in the Olympic Games or the community for this well-deserved rec- the Senate by Mr. Williams, one of his Paralympic Games. ognition. secretaries. Under the authority of the order of f the Senate of January 6, 2015, the en- ADDITIONAL STATEMENTS f rolled bills were signed on October 3, 2016, during the adjournment of the EXECUTIVE MESSAGES REFERRED Senate, by the Acting President pro REMEMBERING JAMES B. BARLOW tempore (Mr. CASSIDY). As in executive session the Presiding ∑ Mr. MERKLEY. Mr. President, I wish f to remember the late James ‘‘Jim’’ B. Officer laid before the Senate messages Barlow. from the President of the United MESSAGE FROM THE HOUSE On October 19, 2016, Oregon lost a States submitting sundry nominations At 4:05 p.m., a message from the great one in Mr. Barlow. To many Or- which were referred to the appropriate House of Representatives, delivered by egonians, Mr. Barlow was not only an committees. Mr. Novotny, one of its reading clerks, incredible teacher and community (The messages received today are announced that the House has passed leader, but an extremely loyal friend, printed at the end of the Senate pro- the following bills, in which it requests brother, uncle, and husband. ceedings.) the concurrence of the Senate:

VerDate Sep 11 2014 05:17 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD16\NOV2016\S15NO6.REC S15NO6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6339 H.R. 985. An act to enable concrete ma- sional, outside sales, and computer employ- eral Robert P. Otto, United States Air Force, sonry products manufacturers to establish, ees under the Fair Labor Standards Act of and his advancement to the grade of lieuten- finance, and carry out a coordinated pro- 1938, and for other purposes. ant general on the retired list; to the Com- gram of research, education, and promotion H.R. 6094. An act to provide for a 6-month mittee on Armed Services. to improve, maintain, and develop markets delay in the effective date of a rule of the EC–7075. A communication from the Chair- for concrete masonry products. Department of Labor relating to income man and Chief Executive Officer, Farm Cred- H.R. 1192. An act to amend the Public thresholds for determining overtime pay for it Administration, transmitting, pursuant to Health Service Act to foster more effective executive, administrative, professional, out- law, a report relative to the Administra- implementation and coordination of clinical side sales, and computer employees. tion’s 2016 compensation program adjust- care for people with a complex metabolic or f ments; to the Committee on Agriculture, Nu- autoimmune disease, a disease resulting trition, and Forestry. from insulin deficiency or insulin resistance, ENROLLED BILLS PRESENTED EC–7076. A communication from the Acting or complications caused by such a disease, The Secretary of the Senate reported Under Secretary of Defense (Personnel and and for other purposes. that on October 3, 2016, she had pre- Readiness), transmitting a report on the ap- H.R. 1209. An act to amend the Public proved retirement of Vice Admiral Robert L. Health Service Act to distribute maternity sented to the President of the United Thomas, Jr., United States Navy, and his ad- care health professionals to health profes- States the following enrolled bills: vancement to the grade of vice admiral on sional shortage areas identified as in need of S. 246. An act to establish the Alyce Spot- the retired list; to the Committee on Armed maternity care health services. ted Bear and Walter Soboleff Commission on Services. H.R. 2566. An act to amend the Commu- Native Children, and for other purposes. EC–7077. A communication from the Asso- nications Act of 1934 to ensure the integrity S. 3283. An act to designate the commu- ciate General Counsel for Legislation and of voice communications and to prevent un- nity-based outpatient clinic of the Depart- Regulations, Office of Community Planning just or unreasonable discrimination among ment of Veterans Affairs in Pueblo, Colo- and Development, Department of Housing areas of the United States in the delivery of rado, as the ‘‘PFC James Dunn VA Clinic.’’ and Urban Development, transmitting, pur- such communications. f suant to law, the report of a rule entitled H.R. 2669. An act amend the Communica- ‘‘Equal Access in Accordance With an Indi- tions Act of 1934 to expand and clarify the EXECUTIVE AND OTHER vidual’s Gender Identity in Community prohibition on provision of misleading or in- COMMUNICATIONS Planning and Development Programs’’ accurate caller identification information, (RIN2506–AC40) received in the Office of the and for other purposes. The following communications were President of the Senate on September 28, H.R. 2713. An act to amend title VIII of the laid before the Senate, together with 2016; to the Committee on Banking, Housing, Public Health Service Act to extend ad- accompanying papers, reports, and doc- and Urban Affairs. vanced education nursing grants to support uments, and were referred as indicated: EC–7078. A communication from the Sec- clinical nurse specialist programs, and for EC–7068. A communication from the Direc- retary, Securities and Exchange Commis- other purposes. tor of the Regulatory Management Division, sion, transmitting, pursuant to law, the re- H.R. 4365. An act to amend the Controlled Environmental Protection Agency, transmit- port of a rule entitled ‘‘Standards for Cov- Substances Act with regard to the provision ting, pursuant to law, the report of a rule en- ered Clearing Agencies’’ (RIN3235–AL48) re- of emergency medical services. titled ‘‘Flupyradifurone; Pesticide Toler- ceived in the Office of the President of the H.R. 4665. An act to require the Secretary ances’’ (FRL No. 9951–68) received in the Of- Senate on September 29, 2016; to the Com- of Commerce to conduct an assessment and fice of the President of the Senate on Sep- mittee on Banking, Housing, and Urban Af- analysis of the outdoor recreation economy tember 22, 2016; to the Committee on Agri- fairs. of the United States, and for other purposes. culture, Nutrition, and Forestry. EC–7079. A communication from the Divi- f EC–7069. A communication from the Direc- sion Chief, Bureau of Land Management, De- tor of the Regulatory Management Division, partment of the Interior, transmitting, pur- MEASURES REFERRED Environmental Protection Agency, transmit- suant to law, the report of a rule entitled The following bills were read the first ting, pursuant to law, the report of a rule en- ‘‘Minerals Management: Adjustment of Cost Recovery Fees’’ (RIN1004–AE47) received in and the second times by unanimous titled ‘‘Fluopicolide; Pesticide Tolerances’’ (FRL No. 9951–60) received in the Office of the Office of the President of the Senate on consent, and referred as indicated: the President of the Senate on September 22, September 29, 2016; to the Committee on En- H.R. 1192. An act to amend the Public 2016; to the Committee on Agriculture, Nu- ergy and Natural Resources. Health Service Act to foster more effective trition, and Forestry. EC–7080. A communication from the Dep- implementation and coordination of clinical EC–7070. A communication from the Man- uty Chief of the National Forest System, De- care for people with a complex metabolic or agement and Program Analyst, Forest Serv- partment of Agriculture, transmitting, pur- autoimmune disease, a disease resulting ice, Department of Agriculture, transmit- suant to law, a report relative to the final from insulin deficiency or insulin resistance, ting, pursuant to law, the report of a rule en- map and boundary for the Skagit Wild and or complications caused by such a disease, titled ‘‘Sale and Disposal of National Forest Scenic River, added to the National Wild and and for other purposes; to the Committee on System Timber; Forest Products for Tradi- Scenic Rivers System; to the Committee on Health, Education, Labor and Pensions, tional and Cultural Purposes’’ (RIN0596– Energy and Natural Resources. H.R. 1209. An act to amend the Public AD00) received in the Office of the President EC–7081. A communication from the Assist- Health Service Act to distribute maternity of the Senate on September 27, 2016; to the ant General Counsel for Legislation, Regula- care health professionals to health profes- Committee on Agriculture, Nutrition, and tion and Energy Efficiency, Department of sional shortage areas identified as in need of Forestry. Energy, transmitting, pursuant to law, the maternity care health services; to the Com- EC–7071. A communication from the Under report of a rule entitled ‘‘Coordination of mittee on Health, Education, Labor, and Secretary of Defense (Acquisition, Tech- Federal Authorizations for Electric Trans- Pensions. nology, and Logistics), transmitting, pursu- mission Facilities’’ (RIN1901–AB36) received H.R. 2669. An act amend the Communica- ant to law, a report entitled ‘‘Fiscal Year in the Office of the President of the Senate tions Act of 1934 to expand and clarify the 2015 Inventory of Contracted Services’’; to on September 29, 2016; to the Committee on prohibition on provision of misleading or in- the Committee on Armed Services. Energy and Natural Resources. accurate caller identification information, EC–7072. A communication from the Acting EC–7082. A communication from the Assist- and for other purposes; to the Committee on Under Secretary of Defense (Personnel and ant Secretary of the Army (Civil Works), Commerce, Science, and Transportation. Readiness), transmitting a report on the ap- transmitting, pursuant to law, a report rel- H.R. 2713. An act to amend title VIII of the proved retirement of Lieutenant General ative to the Rio de Flag, Flagstaff, Arizona Public Health Service Act to extend ad- Mark O. Schissler, United States Air Force, project; to the Committee on Environment vanced education nursing grants to support and his advancement to the grade of lieuten- and Public Works. clinical nurse specialist programs, and for ant general on the retired list; to the Com- EC–7083. A communication from the Direc- other purposes; to the Committee on Health, mittee on Armed Services. tor of the Regulatory Management Division, Education, Labor, and Pensions. EC–7073. A communication from the Acting Environmental Protection Agency, transmit- f Under Secretary of Defense (Personnel and ting, pursuant to law, the report of a rule en- Readiness), transmitting a report on the ap- titled ‘‘Air Plan Approval; Florida; Infra- MEASURES PLACED ON THE proved retirement of Vice Admiral Robin R. structure Requirements for the 2010 Sulfur CALENDAR Braun, United States Navy Reserve, and her Dioxide National Ambient Air Quality advancement to the grade of vice admiral on Standard’’ (FRL No. 9953–18–Region 4) re- The following bills were read the sec- the retired list; to the Committee on Armed ceived in the Office of the President of the ond time, and placed on the calendar: Services. Senate on September 22, 2016; to the Com- S. 3464. A bill to provide incremental in- EC–7074. A communication from the Sec- mittee on Environment and Public Works. creases to the salary threshold for exemp- retary of Defense, transmitting a report on EC–7084. A communication from the Direc- tions for executive, administrative, profes- the approved retirement of Lieutenant Gen- tor of the Regulatory Management Division,

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.009 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6340 CONGRESSIONAL RECORD — SENATE November 15, 2016 Environmental Protection Agency, transmit- 4) received in the Office of the President of tember 26, 2016; to the Committee on Foreign ting, pursuant to law, the report of a rule en- the Senate on September 22, 2016; to the Relations. titled ‘‘Approval and Promulgation of Imple- Committee on Environment and Public EC–7101. A communication from the Assist- mentation Plans; Oklahoma; Revisions to Works. ant Secretary, Legislative Affairs, Depart- Major New Source Review Permitting’’ (FRL EC–7093. A communication from the Direc- ment of State, transmitting, pursuant to No. 9951–54–Region 6) received in the Office of tor of the Regulatory Management Division, law, a report relative to section 36(c) and the President of the Senate on September 22, Environmental Protection Agency, transmit- 36(d) of the Arms Export Control Act (DDTC 2016; to the Committee on Environment and ting, pursuant to law, the report of a rule en- 16–049); to the Committee on Foreign Rela- Public Works. titled ‘‘Treatment of Data Influenced by Ex- tions. EC–7085. A communication from the Direc- ceptional Events’’ (FRL No. 9952–89–OAR) re- EC–7102. A communication from the Regu- tor of the Regulatory Management Division, ceived in the Office of the President of the lations Coordinator, Substance Abuse and Environmental Protection Agency, transmit- Senate on September 22, 2016; to the Com- Mental Health Services Administration, De- ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. partment of Health and Human Services, EC–7094. A communication from the Chief titled ‘‘Approval and Promulgation of Imple- transmitting, pursuant to law, the report of of the Trade and Commercial Regulations mentation Plans; Washington; General Regu- a rule entitled ‘‘Medication Assisted Treat- Branch, Bureau of Customs and Border Pro- lations for Air Pollution Sources’’ (FRL No. ment for Opioid Use Disorders Reporting Re- tection, Department of Homeland Security, 9953–04–Region 10) received in the Office of quirements’’ (RIN0930–AA22) received in the transmitting, pursuant to law, the report of the President of the Senate on September 22, Office of the President of the Senate on Sep- a rule entitled ‘‘Notice of Arrival for Impor- 2016; to the Committee on Environment and tember 26, 2016; to the Committee on Health tations of Pesticides and Pesticidal Devices’’ Public Works. , Education, Labor, and Pensions. EC–7086. A communication from the Direc- (RIN1515–AE12) received in the Office of the tor of the Regulatory Management Division, President of the Senate on September 26, EC–7103. A communication from the Direc- Environmental Protection Agency, transmit- 2016; to the Committee on Finance. tor, Directorate of Whistleblower Protection ting, pursuant to law, the report of a rule en- EC–7095. A communication from the Dep- Programs, Occupational Safety and Health titled ‘‘Approval of Air Quality Implementa- uty Director, Administration for Children Administration, transmitting, pursuant to tion Plans; Missouri State Implementation and Families, Department of Health and law, the report of a rule entitled ‘‘Procedures Plan for the 2008 Lead Standard’’ (FRL No. Human Services, transmitting, pursuant to for the Handling of Retaliation Complaints 9952–79–Region 7) received in the Office of the law, the report of a rule entitled ‘‘Child Care Under the Employee Protection Provision of President of the Senate on September 22, and Development Fund (CCDF) Program’’ the Seaman’s Protection Act, as Amended’’ 2016; to the Committee on Environment and (RIN0970–AC67) received during adjournment (RIN1218–AC58) received in the Office of the Public Works. of the Senate in the Office of the President President of the Senate on September 28, EC–7087. A communication from the Direc- of the Senate on September 23, 2016; to the 2016; to the Committee on Health, Education, tor of the Regulatory Management Division, Committee on Finance. Labor, and Pensions. Environmental Protection Agency, transmit- EC–7096. A communication from the Regu- EC–7104. A communication from the Senior ting, pursuant to law, the report of a rule en- lations Coordinator, Centers for Medicare Procurement Executive, Office of Acquisi- titled ‘‘Extension of Deadline for Action on and Medicaid Services, Department of tion Policy, General Services Administra- the August 2016 Section 126 Petition From Health and Human Services, transmitting, tion, transmitting, pursuant to law, the re- Delaware’’ (FRL No. 9952–97–OAR) received pursuant to law, the report of a rule entitled port of a rule entitled ‘‘Federal Acquisition in the Office of the President of the Senate ‘‘Medicare and Medicaid Programs; Reform Regulation; Federal Acquisition Circular on September 22, 2016; to the Committee on of Requirements for Long-Term Care Facili- 2005–91; Small Entity Compliance Guide’’ Environment and Public Works. ties’’ ((RIN0938–AR61) (CMS–3260–F)) received (FAC 2005–91) received in the Office of the EC–7088. A communication from the Direc- in the Office of the President of the Senate President of the Senate on September 28, tor of the Regulatory Management Division, on September 29, 2016; to the Committee on 2016; to the Committee on Homeland Secu- Environmental Protection Agency, transmit- Finance. rity and Governmental Affairs. ting, pursuant to law, the report of a rule en- EC–7097. A communication from the Direc- EC–7105. A communication from the Senior titled ‘‘Chemical Data Reporting; 2016 Sub- tor, Tax Policy and Administration Stra- Procurement Executive, Office of Acquisi- mission Period Extension’’ (FRL No. 9952–64) tegic Issues Team, Government Account- tion Policy, General Services Administra- received in the Office of the President of the ability Office, transmitting, pursuant to law, tion, transmitting, pursuant to law, the re- Senate on September 22, 2016; to the Com- a list of Government Accountability Office port of a rule entitled ‘‘Federal Acquisition mittee on Environment and Public Works. employees designated to have access to tax Regulation; Technical Amendments’’ (FAC EC–7089. A communication from the Direc- returns and return information for the pur- 2005–91) received in the Office of the Presi- tor of the Regulatory Management Division, pose of carrying out audits of the Internal dent of the Senate on September 28, 2016; to Environmental Protection Agency, transmit- Revenue Service and the Alcohol and To- the Committee on Homeland Security and ting, pursuant to law, the report of a rule en- bacco Tax and Trade Bureau; to the Com- Governmental Affairs. titled ‘‘General Permits and Permits by Rule mittee on Finance. EC–7106. A communication from the Senior for the Federal Minor New Source Review EC–7098. A communication from the Execu- Procurement Executive, Office of Acquisi- Program in Indian Country for Six Source tive Secretary, U.S. Agency for Inter- tion Policy, General Services Administra- Categories’’ (FRL No. 9953–18–Region 4) re- national Development (USAID), transmit- tion, transmitting, pursuant to law, the re- ceived in the Office of the President of the ting, pursuant to law, a report relative to a port of a rule entitled ‘‘Federal Acquisition Senate on September 22, 2016; to the Com- vacancy in the position of Assistant Admin- Regulation: Limitation on Allowable Gov- mittee on Environment and Public Works. istrator, Bureau for Latin America and Car- ernment Contractor Employee Compensation EC–7090. A communication from the Direc- ibbean, U.S. Agency for International Devel- Costs’’ (RIN9000–AM75) received in the Office tor of the Regulatory Management Division, opment (USAID), received during adjourn- of the President of the Senate on September Environmental Protection Agency, transmit- ment of the Senate in the Office of the Presi- 28, 2016; to the Committee on Homeland Se- ting, pursuant to law, the report of a rule en- dent of the Senate on September 23, 2016; to curity and Governmental Affairs. titled ‘‘Review of the National Ambient Air the Committee on Foreign Relations. Quality Standards for Lead’’ (FRL No. 9952– EC–7099. A communication from the Execu- EC–7107. A communication from the Senior 87–OAR) received in the Office of the Presi- tive Secretary, U.S. Agency for Inter- Procurement Executive, Office of Acquisi- dent of the Senate on September 22, 2016; to national Development (USAID), transmit- tion Policy, General Services Administra- the Committee on Environment and Public ting, pursuant to law, a report relative to a tion, transmitting, pursuant to law, the re- Works. vacancy in the position of Assistant Admin- port of a rule entitled ‘‘Federal Acquisition EC–7091. A communication from the Direc- istrator, Bureau for Democracy, Conflict, Regulation: Contractors Performing Private tor of the Regulatory Management Division, and Humanitarian Assistance, U.S. Agency Security Functions’’ (RIN9000–AN07) re- Environmental Protection Agency, transmit- for International Development (USAID), re- ceived in the Office of the President of the ting, pursuant to law, the report of a rule en- ceived during adjournment of the Senate in Senate on September 28, 2016; to the Com- titled ‘‘Technical Correction to the National the Office of the President of the Senate on mittee on Homeland Security and Govern- Ambient Air Quality Standards for Particu- September 23, 2016; to the Committee on For- mental Affairs. late Matter’’ (FRL No. 9953–20–OAR) received eign Relations. EC–7108. A communication from the Senior in the Office of the President of the Senate EC–7100. A communication from the Assist- Procurement Executive, Office of Acquisi- on September 22, 2016; to the Committee on ant Secretary, Legislative Affairs, Depart- tion Policy, General Services Administra- Environment and Public Works. ment of State, transmitting, pursuant to tion, transmitting, pursuant to law, the re- EC–7092. A communication from the Direc- law, the report of a rule entitled ‘‘Amend- port of a rule entitled ‘‘Federal Acquisition tor of the Regulatory Management Division, ment to the International Traffic in Arms Regulation; New Designated Countries— Environmental Protection Agency, transmit- Regulations: Tunisia, Eritrea, Somalia, the Ukraine and Moldova’’ (RIN9000–AN25) re- ting, pursuant to law, the report of a rule en- Democratic Republic of the Congo, Liberia, ceived in the Office of the President of the titled ‘‘Air Plan Approval; TN; Revisions to Cote d’Ivoire, Sri Lanka, Vietnam, and Other Senate on September 28, 2016; to the Com- Logs and Reports for Startups, Shutdowns Changes’’ (RIN1400–AD95) received in the Of- mittee on Homeland Security and Govern- and Malfunctions’’ (FRL No. 9953–05–Region fice of the President of the Senate on Sep- mental Affairs.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.030 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6341 EC–7109. A communication from the Senior tion Services, Department of Homeland Se- Docket No. 06–229; and RM–11577)) received in Procurement Executive, Office of Acquisi- curity, transmitting, pursuant to law, the re- the Office of the President of the Senate on tion Policy, General Services Administra- port of a rule entitled ‘‘Enhancing Opportu- September 26 2016; to the Committee on tion, transmitting, pursuant to law, the re- nities for H–1B1, CW–1, and E–3 Non- Commerce, Science, and Transportation. port of a rule entitled ‘‘Federal Acquisition immigrants and EB–1 Immigrants’’ (RIN1615– EC–7125. A communication from the Execu- Regulation; Consolidation and Bundling’’ AC00) received in the Office of the President tive Director, Consumer Product Safety (RIN9000–AM92) received in the Office of the of the Senate on September 21, 2016; to the Commission, transmitting, pursuant to law, President of the Senate on September 28, Committee on the Judiciary. the Commission’s 2015 Annual Report to the 2016; to the Committee on Homeland Secu- EC–7118. A communication from the Fed- President and Congress; to the Committee on rity and Governmental Affairs. eral Liaison Officer, Patent and Trademark Commerce, Science, and Transportation. EC–7110. A communication from the Senior Office, Department of Commerce, transmit- EC–7126. A communication from the Presi- Procurement Executive, Office of Acquisi- ting, pursuant to law, the report of a rule en- dent and Chief Executive Officer, National tion Policy, General Services Administra- titled ‘‘Miscellaneous Changes to Trademark Railroad Passenger Corporation, Amtrak, tion, transmitting, pursuant to law, the re- Trial and Appeal Board Rules of Practice’’ transmitting, pursuant to law, Amtrak’s fis- port of a rule entitled ‘‘Federal Acquisition (RIN0651–AC35) received in the Office of the cal year 2017 General and Legislative Annual Regulation; Unique Identification of Entities President of the Senate on September 26, Report; to the Committee on Commerce, Receiving Federal Awards’’ (RIN9000–AN00) 2016; to the Committee on the Judiciary. Science, and Transportation. received in the Office of the President of the EC–7119. A communication from the Dep- EC–7127. A communication from the Fed- Senate on September 28, 2016; to the Com- uty Assistant Administrator of the Office of eral Register Liaison Officer, Alcohol and mittee on Homeland Security and Govern- Diversion Control, Drug Enforcement Agen- Tobacco Tax and Trade Bureau, Department mental Affairs. cy, Department of Justice, transmitting, of the Treasury, transmitting, pursuant to EC–7111. A communication from the Senior pursuant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Expansion Procurement Executive, Office of Acquisi- ‘‘Schedules of Controlled Substances: Place- of the Willcox Viticultural Area’’ (RIN1513– tion Policy, General Services Administra- ment of Three Synthetic Phenethylamines AC23) received in the Office of the President tion, transmitting, pursuant to law, the re- Into Schedule I’’ (Docket No. DEA–423) re- of the Senate on September 27, 2016; to the port of a rule entitled ‘‘Federal Acquisition ceived in the Office of the President of the Committee on Commerce, Science, and Regulation; Sole Source Contracts for Senate on September 27, 2016; to the Com- Transportation. Women-Owned Small Businesses’’ (RIN9000– mittee on the Judiciary. EC–7128. A communication from the Dep- AN13) received in the Office of the President EC–7120. A communication from the Chief uty Assistant Administrator for Regulatory of the Senate on September 28, 2016; to the Impact Analyst, Veterans Health Adminis- Programs, Office of Sustainable Fisheries, Committee on Homeland Security and Gov- tration, Department of Veterans Affairs, Department of Commerce, transmitting, pur- ernmental Affairs. transmitting, pursuant to law, the report of suant to law, the report of a rule entitled EC–7112. A communication from the Senior a rule entitled ‘‘Telephone Enrollment in the ‘‘Magnuson-Stevens Fishery Conservation Procurement Executive, Office of Acquisi- VA Healthcare System’’ (RIN2900–AP68) re- and Management Act Provisions; Fisheries tion Policy, General Services Administra- ceived during adjournment of the Senate in of the Northeastern United States; North- tion, transmitting, pursuant to law, the re- the Office of the President of the Senate on east Multispecies Fishery; Reporting Re- port of a rule entitled ‘‘Federal Acquisition September 23, 2016; to the Committee on Vet- quirements; Unused Catch Carryover’’ Regulation: Non-Retaliation for Disclosure erans’ Affairs. (RIN0648–BD73) received in the Office of the of Compensation Information’’ (RIN9000– EC–7121. A communication from the Acting President of the Senate on September 29, AN10) received in the Office of the President Director of Regulation Policy and Manage- 2016; to the Committee on Commerce, of the Senate on September 28, 2016; to the ment, Department of Veterans Affairs, trans- Science, and Transportation. Committee on Homeland Security and Gov- mitting, pursuant to law, the report of a rule EC–7129. A communication from the Acting ernmental Affairs. entitled ‘‘Federal Civil Penalties Adjustment Director, Office of Sustainable Fisheries, De- EC–7113. A communication from the Senior Act Amendments (RIN2900–AP78) received partment of Commerce, transmitting, pursu- Procurement Executive, Office of Acquisi- during adjournment of the Senate in the Of- ant to law, the report of a rule entitled tion Policy, General Services Administra- fice of the President of the Senate on Sep- ‘‘International Fisheries; Pacific Tuna Fish- tion, transmitting, pursuant to law, the re- tember 23, 2016; to the Committee on Vet- eries; 2016 Bigeye Tuna Longline Fishery port of a rule entitled ‘‘Federal Acquisition erans’ Affairs. Closure in the Eastern Pacific Ocean’’ Regulation; Updating Federal Contractor Re- EC–7122. A joint communication from the (RIN0648–XE729) received during adjourn- porting of Veterans’ Employment’’ (RIN9000– Deputy Secretary of Veterans Affairs and ment of the Senate in the Office of the Presi- AN14) received in the Office of the President the Acting Under Secretary of Defense (Per- dent of the Senate on September 29, 2016; to of the Senate on September 28, 2016; to the sonnel and Readiness), transmitting, pursu- the Committee on Commerce, Science, and Committee on Homeland Security and Gov- ant to law, a report entitled ‘‘Veterans Af- Transportation. ernmental Affairs. fairs and Department of Defense Joint Exec- EC–7130. A communication from the Acting EC–7114. A communication from the Senior utive Committee Fiscal Year 2015 Annual Re- Director, Office of Sustainable Fisheries, De- Procurement Executive, Office of Acquisi- port’’; to the Committee on Veterans’ Af- partment of Commerce, transmitting, pursu- tion Policy, General Services Administra- fairs. ant to law, the report of a rule entitled tion, transmitting, pursuant to law, the re- EC–7123. A communication from the Dep- ‘‘Fisheries of the Caribbean, Gulf of Mexico, port of a rule entitled ‘‘Federal Acquisition uty Chief, Public Safety and Homeland Secu- and South Atlantic; 2016 Commercial Ac- Regulation; Prohibition on Contracting with rity Bureau, Federal Communications Com- countability Measures and Closure for Corporations with Delinquent Taxes or a mission, transmitting, pursuant to law, the Bluefin Tilefish in the South Atlantic Re- Felony Conviction’’ (RIN9000–AN05) received report of a rule entitled ‘‘Amendment of gion’’ (RIN0648–XE629) received in the Office in the Office of the President of the Senate Part 90 of the Commission’s Rules to Enable of the President of the Senate on September on September 28, 2016; to the Committee on Railroad Police Officers to Access Public 29, 2016; to the Committee on Commerce, Homeland Security and Governmental Af- Safety Interoperability and Mutual Aid Science, and Transportation. fairs. Channels’’ ((FCC 16–113) (PSHSB Docket No. EC–7131. A communication from the Acting EC–7115. A communication from the Senior 15–199)) received in the Office of the Presi- Director, Office of Sustainable Fisheries, De- Procurement Executive, Office of Acquisi- dent of the Senate on September 26, 2016; to partment of Commerce, transmitting, pursu- tion Policy, General Services Administra- the Committee on Commerce, Science, and ant to law, the report of a rule entitled tion, transmitting, pursuant to law, the re- Transportation. ‘‘Fisheries of the Caribbean, Gulf of Mexico, port of a rule entitled ‘‘Federal Acquisition EC–7124. A communication from the Dep- and South Atlantic; Reef Fish Fishery of the Regulation; Federal Acquisition Circular uty Chief, Public Safety and Homeland Secu- Gulf of Mexico; Extension of the 2016 Gulf of 2005–91; Introduction’’ (FAC 2005–91) received rity Bureau, Federal Communications Com- Mexico Private Angling recreational red in the Office of the President of the Senate mission, transmitting, pursuant to law, the Snapper Season’’ (RIN0648–XE674) received in on September 28, 2016; to the Committee on report of a rule entitled ‘‘Proposed Amend- the Office of the President of the Senate on Homeland Security and Governmental Af- ments to the Service Rules Governing Public September 29, 2016; to the Committee on fairs. Safety Narrowband Operation in the 769–775/ Commerce, Science, and Transportation. EC–7116. A communication from the Dep- 799–805 MHz Bands; National Public Safety EC–7132. A communication from the Senior uty Commissioner for Human Resources, So- Telecommunications Council Petition for Procurement Executive, Office of Acquisi- cial Security Administration, transmitting, Rulemaking on Aircraft Voice Operations at tion Policy, General Services Administra- pursuant to law, the Administration’s fiscal 700 MHZ; National Public Safety Tele- tion, transmitting, pursuant to law, the re- year 2015 annual report relative to the Noti- communications Council Petition for Rule- port of a rule entitled ‘‘Federal Acquisition fication and Federal Employee Antidiscrimi- making to Revise 700 MHz Narrowband Chan- Regulation; Amendment Relating to Multi- nation and Retaliation Act of 2002 (No FEAR nel Plan; Region 24 700 MHz Regional Plan- year Contract Authority for acquisition of Act); to the Committee on Homeland Secu- ning committee Petition for Rulemaking; Property’’ (RIN9000–AN24) received in the Of- rity and Governmental Affairs. and State of Louisiana Petition for Rule- fice of the President of the Senate on Sep- EC–7117. A communication from the making’’ ((FCC 16–111) (PSHSB Docket No. tember 28, 2016; to the Committee on Home- Project Manager, Citizenship and Immigra- 13–87; RM–11433; WT Docket No. 96–86; PS land Security and Governmental Affairs.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.032 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6342 CONGRESSIONAL RECORD — SENATE November 15, 2016 EC–7133. A communication from the Acting titled ‘‘Approval of Nebraska’s Air Quality titled ‘‘Approval and Promulgation of air Deputy Director of Program Development Implementation Plans; Revisions to Title Quality Implementation Plans; Louisiana; and Regulatory Analysis, Rural Utilities 129, Chapters 4, 19, and 22’’ (FRL No. 9953–61– Infrastructure State Implementation Plan Service, Department of Agriculture, trans- Region 7) received during adjournment of the Requirements for the National Ambient Air mitting, pursuant to law, the report of a rule Senate in the Office of the President of the Quality Standards’’ (FRL No. 9952–82–Region entitled ‘‘Rural Broadband Access Loans and Senate on September 30, 2016; to the Com- 6) received during adjournment of the Senate Loan Guarantees; Correction’’ (RIN0572– mittee on Environment and Public Works. in the Office of the President of the Senate AC34) received during adjournment of the EC–7141. A communication from the Direc- on September 30, 2016; to the Committee on Senate in the Office of the President of the tor of the Regulatory Management Division, Environment and Public Works. Senate on October 4, 2016; to the Committee Environmental Protection Agency, transmit- EC–7148. A communication from the Direc- on Agriculture, Nutrition, and Forestry. ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, EC–7134. A communication from the Direc- titled ‘‘Approval of Missouri’s Air Quality Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Implementation Plans and Operating Per- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- mits Program; Greenhouse Gas Tailoring titled ‘‘Approval and Limited Approval and ting, pursuant to law, the report of a rule en- Rule and Non-substantive Definition and Limited Disapproval of Air quality Imple- titled ‘‘Bacillus mycoides isolate J; Exemp- Language Changes’’ (FRL No. 9953–34–Region mentation Plans; California; Northern tion from the Requirement of a Tolerance’’ 7) received during adjournment of the Senate Sonoma County Air Pollution Control Dis- (FRL No. 9947–92) received during adjourn- in the Office of the President of the Senate trict; Stationary Source Permits’’ (FRL No. ment of the Senate in the Office of the Presi- on September 30, 2016; to the Committee on 9950–74–Region 9) received during adjourn- dent of the Senate on September 30, 2016; to Environment and Public Works. ment of the Senate in the Office of the Presi- the Committee on Agriculture, Nutrition, EC–7142. A communication from the Direc- dent of the Senate on September 30, 2016; to and Forestry. tor of the Regulatory Management Division, the Committee on Environment and Public EC–7135. A communication from the Pro- Environmental Protection Agency, transmit- Works. gram Specialist of the Legislative and Regu- ting, pursuant to law, the report of a rule en- EC–7149. A communication from the Direc- latory Activities Division, Office of the titled ‘‘Approval of California Air Plan revi- tor of the Regulatory Management Division, Comptroller of the Currency, Department of sions, San Joaquin Valley Unified Air Pollu- Environmental Protection Agency, transmit- the Treasury, transmitting, pursuant to law, tion Control District’’ (FRL No. 9951–67–Re- ting, pursuant to law, the report of a rule en- the report of a rule entitled ‘‘OCC Guidelines gion 9) received during adjournment of the titled ‘‘Air plan Approval; Mississippi; Infra- Establishing standards for Recovery Plan- Senate in the Office of the President of the structure Requirements for the 2010 Sulfur ning by Certain Large Insured National Senate on September 30, 2016; to the Com- Dioxide National Ambient Air Quality Banks, Insured Federal Savings Associa- mittee on Environment and Public Works. Standard’’ (FRL No. 9953–35–Region 4) re- tions, and Insured Federal Branches; Tech- EC–7143. A communication from the Direc- ceived during adjournment of the Senate in nical Amendments’’ (RIN1557–AD96) received tor of the Regulatory Management Division, the Office of the President of the Senate on in the Office of the President of the Senate Environmental Protection Agency, transmit- September 30, 2016; to the Committee on En- on September 29, 2016; to the Committee on ting, pursuant to law, the report of a rule en- vironment and Public Works. Banking, Housing, and Urban Affairs. titled ‘‘Approval of California Air Plan Revi- EC–7150. A communication from the Direc- EC–7136. A communication from the Direc- sions, Sacramento Metropolitan Air Quality tor of the Regulatory Management Division, tor of the Regulatory Management Division, Management District and San Diego County Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Air Pollution Control District’’ (FRL No. ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- 9952–13–Region 9) received during adjourn- titled ‘‘Air Plan Approval; Indiana; Tem- titled ‘‘Final Determination to Approve ment of the Senate in the Office of the Presi- porary Alternate Opacity Limits for Amer- Site-Specific Flexibility for Closure and dent of the Senate on September 30, 2016; to ican Electric Power, Rockport’’ (FRL No. Monitoring of the Picacho Landfill’’ (FRL the Committee on Environment and Public 9953–14–Region 5) received during adjourn- No. 9953–45–Region 9) received during ad- Works. ment of the Senate in the Office of the Presi- journment of the Senate in the Office of the EC–7144. A communication from the Direc- dent of the Senate on September 30, 2016; to President of the Senate on September 30, tor of the Regulatory Management Division, the Committee on Environment and Public 2016; to the Committee on Environment and Environmental Protection Agency, transmit- Works. Public Works. ting, pursuant to law, the report of a rule en- EC–7151. A communication from the Direc- EC–7137. A communication from the Direc- titled ‘‘Approval and Promulgation of State tor of the Regulatory Management Division, tor of the Regulatory Management Division, Plans for Designated Facilities and Pollut- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- ants, State of Wyoming; Control of Emis- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- sions From Existing Hospital/Medical/Infec- titled ‘‘Air Plan Approval; Georgia; Volatile titled ‘‘Effluent Limitations Guidelines and tions Waste Incinerator Units, Plan Revi- Organic Compounds’’ (FRL No. 9953–64–Re- Standards for the Oil and Gas Extraction sion’’ (FRL No. 9953–13–Region 8) received gion 4) received during adjournment of the Point Source Category—Implementation during adjournment of the Senate in the Of- Senate in the Office of the President of the Date Extension’’ (FRL No. 9953–26–OW) re- fice of the President of the Senate on Sep- Senate on September 30, 2016; to the Com- ceived during adjournment of the Senate in tember 30, 2016; to the Committee on Envi- mittee on Environment and Public Works. the Office of the President of the Senate on ronment and Public Works. EC–7152. A communication from the Direc- September 30, 2016; to the Committee on En- EC–7145. A communication from the Direc- tor of the Regulatory Management Division, vironment and Public Works. tor of the Regulatory Management Division, Environmental Protection Agency, transmit- EC–7138. A communication from the Direc- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- titled ‘‘Interstate Transport Rule for the 2008 Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Imple- Ozone NAAQS’’ (FRL No. 9950–30–OAR) re- ting, pursuant to law, the report of a rule en- mentation Plans; Washington: Updates to In- ceived during adjournment of the Senate in titled ‘‘Availability of Date Allocations of corporation by Reference and Miscellaneous the Office of the President of the Senate on Cross-State Air Pollution Rule allowances to Revisions’’ (FRL No. 9953–50–Region 10) re- September 30, 2016; to the Committee on En- Existing Electricity Generating Units’’ (FRL ceived during adjournment of the Senate in vironment and Public Works. No. 9953–30–OAR) received during adjourn- the Office of the President of the Senate on EC–7153. A communication from the Chief ment of the Senate in the Office of the Presi- September 30, 2016; to the Committee on En- of the Publications and Regulations Branch, dent of the Senate on September 30, 2016; to vironment and Public Works. Internal Revenue Service, Department of the the Committee on Environment and Public EC–7146. A communication from the Direc- Treasury, transmitting, pursuant to law, the Works. tor of the Regulatory Management Division, report of a rule entitled ‘‘Extension of Re- EC–7139. A communication from the Direc- Environmental Protection Agency, transmit- placement Period for Livestock Sold on Ac- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- count of Drought’’ (Notice 2016–60) received Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Air during adjournment of the Senate in the Of- ting, pursuant to law, the report of a rule en- Quality Implementation Plans; Pennsyl- fice of the President of the Senate on Octo- titled ‘‘Approval of Nebraska’s Air Quality vania; Philadelphia County Reasonably ber 5, 2016; to the Committee on Finance. Implementation Plans; Title 129, Chapters 5, Available Control Technology Under the 1997 EC–7154. A communication from the Chief 9, 22, 30, and 34, and State Operating Permit 8-Hour Ozone National Ambient Air Quality of the Publications and Regulations Branch, Programs’’ (FRL No. 9953–57–Region 7) re- Standards’’ (FRL No. 9953–52–Region 3) re- Internal Revenue Service, Department of the ceived during adjournment of the Senate in ceived during adjournment of the Senate in Treasury, transmitting, pursuant to law, the the Office of the President of the Senate on the Office of the President of the Senate on report of a rule entitled ‘‘Liabilities Recog- September 30, 2016; to the Committee on En- September 30, 2016; to the Committee on En- nized as Recourse Partnership Liabilities vironment and Public Works. vironment and Public Works. Under Section 752’’ ((RIN1545–BM84) (TD EC–7140. A communication from the Direc- EC–7147. A communication from the Direc- 9788)) received during adjournment of the tor of the Regulatory Management Division, tor of the Regulatory Management Division, Senate in the Office of the President of the Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Senate on October 5, 2016; to the Committee ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- on Finance.

VerDate Sep 11 2014 06:27 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.034 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6343 EC–7155. A communication from the Assist- the Committee on Commerce, Science, and ness Directives; Airbus Airplanes’’ ((RIN2120– ant Legal Adviser for Treaty Affairs, Depart- Transportation. AA64) (Docket No. FAA–2015–6550)) received ment of State, transmitting, pursuant to the EC–7163. A communication from the Assist- during adjournment of the Senate in the Of- Case-Zablocki Act, 1 U.S.C. 112b, as amended, ant Administrator for Fisheries, Office of fice of the President of the Senate on Octo- the report of the texts and background state- Sustainable Fisheries, Department of Com- ber 3, 2016; to the Committee on Commerce, ments of international agreements, other merce, transmitting, pursuant to law, the re- Science, and Transportation. than treaties (List 2016–0123–2016–0134); to the port of a rule entitled ‘‘Fisheries of the Car- EC–7171. A communication from the Man- Committee on Foreign Relations. ibbean, Gulf of Mexico, and South Atlantic; agement and Program Analyst, Federal EC–7156. A communication from the Assist- Snapper-Grouper Fishery Off the Southern Aviation Administration, Department of ant General Counsel for Regulatory Affairs, Atlantic States; Regulatory Amendment 25’’ Transportation, transmitting, pursuant to Pension Benefit Guaranty Corporation, (RIN0648–BF61) received during adjournment law, the report of a rule entitled ‘‘Airworthi- transmitting, pursuant to law, the report of of the Senate in the Office of the President ness Directives; The Boeing Company Air- a rule entitled ‘‘Allocation of Assets in Sin- of the Senate on October 4, 2016; to the Com- planes’’ ((RIN2120–AA64) (Docket No. FAA– gle-Employer Plans; Benefits Payable in Ter- mittee on Commerce, Science, and Transpor- 2016–6901)) received during adjournment of minated Single-Employer Plans; Interest As- tation. the Senate in the Office of the President of sumptions for Valuing and Paying Benefits’’ EC–7164. A communication from the Dep- the Senate on October 3, 2016; to the Com- (29 CFR Parts 4022 and 4044) received in the uty Assistant Administrator for Regulatory mittee on Commerce, Science, and Transpor- Office of the President of the Senate on Sep- Programs, Office of Sustainable Fisheries, tation. tember 28, 2016; to the Committee on Health, Department of Commerce, transmitting, pur- EC–7172. A communication from the Man- Education, Labor, and Pensions. suant to law, the report of a rule entitled agement and Program Analyst, Federal EC–7157. A communication from the Under ‘‘Mariana Archipelago Fisheries; Remove the Aviation Administration, Department of Secretary of Defense (Comptroller), trans- CNMI Medium and Large Vessel Bottomfish Transportation, transmitting, pursuant to mitting, pursuant to law, a report relative to Prohibited Areas’’ (RIN0648–BF37) received law, the report of a rule entitled ‘‘Airworthi- the Department of Defense Agency Financial during adjournment of the Senate in the Of- ness Directives; The Boeing Company Air- Report (AFR) for fiscal year 2016; to the fice of the President of the Senate on Octo- planes’’ ((RIN2120–AA64) (Docket No. FAA– Committee on Homeland Security and Gov- ber 4, 2016; to the Committee on Commerce, 2015–8135)) received during adjournment of ernmental Affairs. Science, and Transportation. the Senate in the Office of the President of EC–7158. A communication from the Dep- EC–7165. A communication from the Dep- the Senate on October 3, 2016; to the Com- uty Assistant Administrator for Operations, uty Assistant Administrator for Regulatory mittee on Commerce, Science, and Transpor- Office of Sustainable Fisheries, Department Programs, Office of Sustainable Fisheries, tation. of Commerce, transmitting, pursuant to law, Department of Commerce, transmitting, pur- EC–7173. A communication from the Man- the report of a rule entitled ‘‘Fisheries of the suant to law, the report of a rule entitled agement and Program Analyst, Federal Northeastern United States; Spiny Dogfish ‘‘Pacific Island Pelagic Fisheries; 2016 U.S. Aviation Administration, Department of Fishery; 2016–2018 Specifications’’ (RIN0648– Territorial Longline Bigeye Tuna Catch Transportation, transmitting, pursuant to BF88) received during adjournment of the Limits’’ (RIN0648–XE284) received during ad- law, the report of a rule entitled ‘‘Airworthi- Senate in the Office of the President of the journment of the Senate in the Office of the ness Directives; Fokker Services B.V. Air- planes’’ ((RIN2120–AA64) (Docket No. FAA– Senate on October 4, 2016; to the Committee President of the Senate on October 4, 2016; to 2016–6665)) received during adjournment of on Commerce, Science, and Transportation. the Committee on Commerce, Science, and the Senate in the Office of the President of EC–7159. A communication from the Dep- Transportation. uty Assistant Administrator for Regulatory EC–7166. A communication from the Man- the Senate on October 3, 2016; to the Com- Programs, Office of Sustainable Fisheries, agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- Department of Commerce, transmitting, pur- Aviation Administration, Department of tation. EC–7174. A communication from the Man- suant to law, the report of a rule entitled Transportation, transmitting, pursuant to agement and Program Analyst, Federal ‘‘Atlantic Highly Migratory Species; Adjust- law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of ment to 2016 Northern Albacore Tuna and ness Directives; Airbus Airplanes’’ ((RIN2120– Transportation, transmitting, pursuant to Atlantic Bluefin Tuna Quotas’’ (RIN0648– AA64) (Docket No. FAA–2016–6671)) received law, the report of a rule entitled ‘‘Airworthi- XE726) received during adjournment of the during adjournment of the Senate in the Of- ness Directives; Fokker Services B.V. Air- Senate in the Office of the President of the fice of the President of the Senate on Octo- planes’’ ((RIN2120–AA64) (Docket No. FAA– Senate on October 4, 2016; to the Committee ber 3, 2016; to the Committee on Commerce, 2016–5035)) received during adjournment of on Commerce, Science, and Transportation. Science, and Transportation. the Senate in the Office of the President of EC–7160. A communication from the Dep- EC–7167. A communication from the Man- the Senate on October 3, 2016; to the Com- uty Assistant Administrator for Operations, agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- Office of Sustainable Fisheries, Department Aviation Administration, Department of tation. of Commerce, transmitting, pursuant to law, Transportation, transmitting, pursuant to EC–7175. A communication from the Man- the report of a rule entitled ‘‘Fisheries of the law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal Northeastern United States; Northeast ness Directives; Airbus Airplanes’’ ((RIN2120– Aviation Administration, Department of Skate Complex Fishery; Framework Adjust- AA64) (Docket No. FAA–2015–5814)) received Transportation, transmitting, pursuant to ment 3 and 2016–2017 Specifications’’ during adjournment of the Senate in the Of- law, the report of a rule entitled ‘‘Airworthi- (RIN0648–BF87) received during adjournment fice of the President of the Senate on Octo- ness Directives; Gulfstream Aerospace Cor- of the Senate in the Office of the President ber 3, 2016; to the Committee on Commerce, poration Airplanes’’ ((RIN2120–AA64) (Docket of the Senate on October 4, 2016; to the Com- Science, and Transportation. No. FAA–2016–9070)) received during adjourn- mittee on Commerce, Science, and Transpor- EC–7168. A communication from the Man- ment of the Senate in the Office of the Presi- tation. agement and Program Analyst, Federal dent of the Senate on October 3, 2016; to the EC–7161. A communication from the Dep- Aviation Administration, Department of Committee on Commerce, Science, and uty Assistant Administrator for Regulatory Transportation, transmitting, pursuant to Transportation. Programs, Office of Sustainable Fisheries, law, the report of a rule entitled ‘‘Airworthi- EC–7176. A communication from the Man- Department of Commerce, transmitting, pur- ness Directives; Airbus Airplanes’’ ((RIN2120– agement and Program Analyst, Federal suant to law, the report of a rule entitled AA64) (Docket No. FAA–2016–5591)) received Aviation Administration, Department of ‘‘Magnuson-Stevens Fishery Conservation during adjournment of the Senate in the Of- Transportation, transmitting, pursuant to and Management Act Provisions; Fisheries fice of the President of the Senate on Octo- law, the report of a rule entitled ‘‘Airworthi- of the Northeastern United States; North- ber 3, 2016; to the Committee on Commerce, ness Directives; Dassault Aviation Air- east Skate Complex; Framework Adjustment Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– 3; Correction’’ (RIN0648–BF87) received dur- EC–7169. A communication from the Man- 2016–6146)) received during adjournment of ing adjournment of the Senate in the Office agement and Program Analyst, Federal the Senate in the Office of the President of of the President of the Senate on October 4, Aviation Administration, Department of the Senate on October 3, 2016; to the Com- 2016; to the Committee on Commerce, Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- tation. EC–7162. A communication from the Dep- ness Directives; Airbus Airplanes’’ ((RIN2120– EC–7177. A communication from the Man- uty Assistant Administrator for Regulatory AA64) (Docket No. FAA–2016–9108)) received agement and Program Analyst, Federal Programs, Office of Sustainable Fisheries, during adjournment of the Senate in the Of- Aviation Administration, Department of Department of Commerce, transmitting, pur- fice of the President of the Senate on Octo- Transportation, transmitting, pursuant to suant to law, the report of a rule entitled ber 3, 2016; to the Committee on Commerce, law, the report of a rule entitled ‘‘Airworthi- ‘‘International Fisheries; Tuna and Tuna- Science, and Transportation. ness Directives; Agusta S.p.A. Helicopters’’ Like Species in the Eastern Pacific Ocean; EC–7170. A communication from the Man- ((RIN2120–AA64) (Docket No. FAA–2015–3781)) Fishing Restrictions Regarding Mobulid agement and Program Analyst, Federal received during adjournment of the Senate Rays’’ (RIN0648–BF65) received during ad- Aviation Administration, Department of in the Office of the President of the Senate journment of the Senate in the Office of the Transportation, transmitting, pursuant to on October 3, 2016; to the Committee on Com- President of the Senate on October 4, 2016; to law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation.

VerDate Sep 11 2014 06:27 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.036 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6344 CONGRESSIONAL RECORD — SENATE November 15, 2016 EC–7178. A communication from the Man- tion of Class D Airspace; Peru, IN’’ ment of the Senate in the Office of the Presi- agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No . FAA–2016–6006)) dent of the Senate on July 20, 2016; to the Aviation Administration, Department of received during adjournment of the Senate Committee on Commerce, Science, and Transportation, transmitting, pursuant to in the Office of the President of the Senate Transportation. law, the report of a rule entitled ‘‘Airworthi- on October 3, 2016; to the Committee on Com- EC–7193. A communication from the Regu- ness Directives; International Aero Engines merce, Science, and Transportation. latory Ombudsman, Federal Motor Carrier AG Turbofan Engines’’ ((RIN2120–AA64) EC–7186. A communication from the Man- Safety Administration, Department of (Docket No. FAA–2016–5392)) received during agement and Program Analyst, Federal Transportation, transmitting, pursuant to adjournment of the Senate in the Office of Aviation Administration, Department of law, the report of a rule entitled ‘‘Parts and the President of the Senate on October 3, Transportation, transmitting, pursuant to Accessories Necessary for Safe Operation; 2016; to the Committee on Commerce, law, the report of a rule entitled ‘‘Establish- Windshield-Mounted Technologies’’ Science, and Transportation. ment of Class E Airspace; Ithaca, NY’’ (RIN2126–AB94) received during adjournment EC–7179. A communication from the Man- ((RIN2120–AA66) (Docket No. FAA–2016–8816)) of the Senate in the Office of the President agement and Program Analyst, Federal received during adjournment of the Senate of the Senate on October 3, 2016; to the Com- Aviation Administration, Department of in the Office of the President of the Senate mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to on October 3, 2016; to the Committee on Com- tation. law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation. EC–7194. A communication from the Trial ness Directives; Saab AB, Saab Aeronautics EC–7187. A communication from the Man- Attorney, Federal Railroad Administration, (Type Certificate Previously Held by Saab, agement and Program Analyst, Federal Department of Transportation, transmitting, AB, Saab Aerosystems) Airplanes’’ Aviation Administration, Department of pursuant to law, the report of a rule entitled ((RIN2120–AA64) (Docket No. FAA–2016–6668)) Transportation, transmitting, pursuant to ‘‘System Safety Program’’ (RIN2130–AC31) received during adjournment of the Senate law, the report of a rule entitled ‘‘Amend- received during adjournment of the Senate in the Office of the President of the Senate ment of Class E Airspace; Truckee, CA’’ in the Office of the President of the Senate on October 3, 2016; to the Committee on Com- ((RIN2120–AA66) (Docket No. FAA–2015–4074)) on October 3, 2016; to the Committee on Com- merce, Science, and Transportation. received during adjournment of the Senate merce, Science, and Transportation. EC–7180. A communication from the Man- in the Office of the President of the Senate EC–7195. A communication from the Presi- agement and Program Analyst, Federal on October 3, 2016; to the Committee on Com- dent of the United States to the President Aviation Administration, Department of merce, Science, and Transportation. Pro Tempore of the United States Senate, Transportation, transmitting, pursuant to EC–7188. A communication from the Man- transmitting, consistent with the War Pow- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal ers Act, a report relative to targeted missile ness Directives; Viking Air Limited Air- Aviation Administration, Department of strikes on radar facilities in Houthi-con- planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation, transmitting, pursuant to trolled territory in Yemen, received during 2016–4229)) received during adjournment of law, the report of a rule entitled ‘‘Amend- adjournment of the Senate on October 14, the Senate in the Office of the President of ment of Class D and E Airspace, and Revoca- 2016; to the Committee on Foreign Relations. the Senate on October 3, 2016; to the Com- tion of Class E Airspace; Troy, AL’’ EC–7196. A communication from the Direc- mittee on Commerce, Science, and Transpor- ((RIN2120–AA66) (Docket No. FAA–2014–0726)) tor of the Regulatory Management Division, tation. received during adjournment of the Senate Environmental Protection Agency, transmit- EC–7181. A communication from the Man- in the Office of the President of the Senate ting, pursuant to law, the report of a rule en- agement and Program Analyst, Federal on October 3, 2016; to the Committee on Com- titled ‘‘Tolfenpyrad; Pesticide Tolerances for Aviation Administration, Department of merce, Science, and Transportation. Emergency Exemptions’’ (FRL No. 9951–57) Transportation, transmitting, pursuant to EC–7189. A communication from the Man- received during adjournment of the Senate law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal in the Office of the President of the Senate ness Directives; ATR–GIE Avions de Trans- Aviation Administration, Department of on October 5, 2016; to the Committee on Agri- port Regional Airplanes’’ ((RIN2120–AA64) Transportation, transmitting, pursuant to culture, Nutrition, and Forestry. (Docket No. FAA–2015–0077)) received during law, the report of a rule entitled ‘‘Revoca- EC–7197. A communication from the Direc- adjournment of the Senate in the Office of tion of Class D Airspace; Vancouver, WA’’ tor of the Regulatory Management Division, the President of the Senate on October 3, ((RIN2120–AA66) (Docket No. FAA–2015–4133)) Environmental Protection Agency, transmit- 2016; to the Committee on Commerce, received during adjournment of the Senate ting, pursuant to law, the report of a rule en- Science, and Transportation. in the Office of the President of the Senate titled ‘‘Dichlormid; Pesticide Tolerances’’ EC–7182. A communication from the Man- on October 3, 2016; to the Committee on Com- (FRL No. 9951–90) received during adjourn- agement and Program Analyst, Federal merce, Science, and Transportation. ment of the Senate in the Office of the Presi- Aviation Administration, Department of EC–7190. A communication from the Man- dent of the Senate on October 5, 2016; to the Transportation, transmitting, pursuant to agement and Program Analyst, Federal Committee on Agriculture, Nutrition, and law, the report of a rule entitled ‘‘Establish- Aviation Administration, Department of Forestry. ment of Class E Airspace; Lakota, SD’’ Transportation, transmitting, pursuant to EC–7198. A communication from the Direc- ((RIN2120–AA66) (Docket No. FAA–2016–6115)) law, the report of a rule entitled ‘‘Amend- tor of the Regulatory Management Division, received during adjournment of the Senate ment of Class D and E Airspace and Revoca- Environmental Protection Agency, transmit- in the Office of the President of the Senate tion of Class E Airspace; Sioux City, IA’’ ting, pursuant to law, the report of a rule en- on October 3, 2016; to the Committee on Com- ((RIN2120–AA66) (Docket No. FAA–2015–7487)) titled ‘‘Acrylic acid-butyl acrylate-styrene merce, Science, and Transportation. received during adjournment of the Senate copolymer; Tolerance Exemption’’ (FRL No. EC–7183. A communication from the Man- in the Office of the President of the Senate 9952–34) received during adjournment of the agement and Program Analyst, Federal on October 3, 2016; to the Committee on Com- Senate in the Office of the President of the Aviation Administration, Department of merce, Science, and Transportation. Senate on October 5, 2016; to the Committee Transportation, transmitting, pursuant to EC–7191. A communication from the Man- on Agriculture, Nutrition, and Forestry. law, the report of a rule entitled ‘‘Establish- agement and Program Analyst, Federal EC–7199. A communication from the Direc- ment of Class E Airspace; Jetmore, KS’’ Aviation Administration, Department of tor of the Regulatory Management Division, ((RIN2120–AA66) (Docket No. FAA–2016–7002)) Transportation, transmitting, pursuant to Environmental Protection Agency, transmit- received during adjournment of the Senate law, the report of a rule entitled ‘‘Revoca- ting, pursuant to law, the report of a rule en- in the Office of the President of the Senate tion of Class E Airspace; Alliance, NE; and titled ‘‘Isofetamid; Pesticide Tolerances for on October 3, 2016; to the Committee on Com- Amendment of Class E Airspace for the Fol- Emergency Exemptions’’ (FRL No. 9952–59) merce, Science, and Transportation. lowing Nebraska Towns; Albion, NE; Alli- received during adjournment of the Senate EC–7184. A communication from the Man- ance, NE; Gothenburg, NE; Holdrege, NE; in the Office of the President of the Senate agement and Program Analyst, Federal Imperial, NE; Lexington, NE; and Millard on October 13, 2016; to the Committee on Ag- Aviation Administration, Department of Airport, Omaha, NE’’ ((RIN2120–AA66) (Dock- riculture, Nutrition, and Forestry. Transportation, transmitting, pursuant to et No. FAA–2016–5388)) received during ad- EC–7200. A communication from the Direc- law, the report of a rule entitled ‘‘Establish- journment of the Senate in the Office of the tor of the Regulatory Management Division, ment of Class D and Class E Airspace; President of the Senate on October 3, 2016; to Environmental Protection Agency, transmit- Brookshire, TX’’ ((RIN2120–AA66) (Docket the Committee on Commerce, Science, and ting, pursuant to law, the report of a rule en- No. FAA–2014–0742)) received during adjourn- Transportation. titled ‘‘Metaldehyde; Pesticide Tolerances’’ ment of the Senate in the Office of the Presi- EC–7192. A communication from the Attor- (FRL No. 9951–78) received during adjourn- dent of the Senate on October 3, 2016; to the ney-Advisor, U.S. Coast Guard, Department ment of the Senate in the Office of the Presi- Committee on Commerce, Science, and of Homeland Security, transmitting, pursu- dent of the Senate on October 13, 2016; to the Transportation. ant to law, the report of a rule entitled Committee on Agriculture, Nutrition, and EC–7185. A communication from the Man- ‘‘Safety Zone; Tall Ships Challenge Great Forestry. agement and Program Analyst, Federal Lakes 2016, Fairport Harbor, OH, Bay City, EC–7201. A communication from the Ad- Aviation Administration, Department of MI, Chicago, IL, Green Bay, WI , Duluth, ministrator of the Specialty Crops Program, Transportation, transmitting, pursuant to MN, Erie, PA’’ ((RIN1625–AA00) (Docket No. Agricultural Marketing Service, Department law, the report of a rule entitled ‘‘Modifica- USCG–2016–0267)) received during adjourn- of Agriculture, transmitting, pursuant to

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.038 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6345 law, the report of a rule entitled ‘‘Domestic EC–7209. A communication from the Direc- ant to law, a six-month periodic report on Dates Produced or Packed in Riverside Coun- tor of Defense Procurement and Acquisition the national emergency with respect to ty, California; Decreased Assessment Rate’’ Policy, Department of Defense, transmit- South Sudan that was declared in Executive (Docket No. AMS–SC–16–0084) received dur- ting, pursuant to law, the report of a rule en- Order 13664 of April 3, 2014; to the Committee ing adjournment of the Senate in the Office titled ‘‘Defense Federal Acquisition Regula- on Banking, Housing, and Urban Affairs. of the President of the Senate on October 6, tion Supplement: Prohibition on Use of any EC–7219. A communication from the Sec- 2016; to the Committee on Agriculture, Nu- Cost-Plus System of Contracting for Mili- retary of the Treasury, transmitting, pursu- trition, and Forestry. tary Construction and Military Family ant to law, a six-month periodic report on EC–7202. A communication from the Ad- Housing Projects’’ ((RIN0750–AI87) (DFARS the national emergency that was declared in ministrator of the Specialty Crops Program, Case 2015–D040)) received during adjournment Executive Order 13694 of April 1, 2015, with Agricultural Marketing Service, Department of the Senate in the Office of the President respect to significant malicious cyber-en- of Agriculture, transmitting, pursuant to of the Senate on October 18, 2016; to the Com- abled activities; to the Committee on Bank- law, the report of a rule entitled ‘‘Oranges mittee on Armed Services. ing, Housing, and Urban Affairs. and Grapefruit Grown in Lower Rio Grande EC–7210. A communication from the Direc- EC–7220. A communication from the Sec- Valley in Texas; Decreased Assessment tor of Defense Procurement and Acquisition retary of the Treasury, transmitting, pursu- Rate’’ (Docket No. AMS–FV–15–0035) received Policy, Department of Defense, transmit- ant to law, a six-month periodic report on during adjournment of the Senate in the Of- ting, pursuant to law, the report of a rule en- the national emergency with respect to the fice of the President of the Senate on March titled ‘‘Defense Federal Acquisition Regula- situation in or in relation to the Democratic 28, 2016; to the Committee on Agriculture, tion Supplement: Display of Hotline Post- Republic of the Congo that was declared in Nutrition, and Forestry. ers’’ ((RIN0750–AI94) (DFARS Case 2016– Executive Order 13413 of October 27, 2006; to EC–7203. A communication from the Chief D018)) received during adjournment of the the Committee on Banking, Housing, and of the Planning and Regulatory Affairs Senate in the Office of the President of the Urban Affairs. Branch, Food and Nutrition Service, Depart- Senate on October 18, 2016; to the Committee EC–7221. A communication from the Sec- ment of Agriculture, transmitting, pursuant on Armed Services. retary of the Treasury, transmitting, pursu- to law, the report of a rule entitled ‘‘Regu- EC–7211. A communication from the Direc- ant to law, a six-month periodic report on latory Implementation of Office of Manage- tor of Defense Procurement and Acquisition the national emergency that was declared in ment and Budget’s Uniform Administrative Policy, Department of Defense, transmit- Executive Order 13067 of November 3, 1997, Requirements, Cost Principles, and Audit ting, pursuant to law, the report of a rule en- with respect to Sudan; to the Committee on Requirements for Federal Rewards’’ titled ‘‘Defense Federal Acquisition Regula- Banking, Housing, and Urban Affairs. (RIN0584–AE42) received during adjournment tion Supplement: Network Penetration Re- EC–7222. A communication from the Presi- of the Senate in the Office of the President porting and Contracting for Cloud Services’’ dent of the United States, transmitting, pur- of the Senate on October 5, 2016; to the Com- ((RIN0750–AI61) (DFARS Case 2013–D018)) re- suant to law, a report on the continuation of mittee on Agriculture, Nutrition, and For- ceived during adjournment of the Senate in the national emergency with respect to nar- estry. the Office of the President of the Senate on cotics traffickers centered in Colombia that EC–7204. A communication from the Acting October 18, 2016; to the Committee on Armed was declared in Executive Order 12978, re- Director of the Legislative Affairs Division, Services. ceived during the adjournment of the Senate Natural Resources Conservation Service, De- EC–7212. A communication from the Direc- in the Office of the President of the Senate partment of Agriculture, transmitting, pur- tor of Defense Procurement and Acquisition on October 18, 2016; to the Committee on suant to law, the report of a rule entitled Policy, Department of Defense, transmit- Banking, Housing, and Urban Affairs. ‘‘Agricultural Conservation Easement Pro- ting, pursuant to law, the report of a rule en- EC–7223. A communication from the Presi- gram’’ (RIN0578–AA61) received during ad- titled ‘‘Defense Federal Acquisition Regula- dent of the United States, transmitting, pur- journment of the Senate in the Office of the tion Supplement: Rights in Technical Data’’ suant to law, a six-month periodic report on President of the Senate on October 20, 2016; ((RIN0750–AI91) (DFARS Case 2016–D008)) re- the national emergency with respect to the to the Committee on Agriculture, Nutrition, ceived during adjournment of the Senate in situation in or in relation to the Democratic and Forestry. the Office of the President of the Senate on Republic of the Congo that was declared in EC–7205. A communication from the Chief October 18, 2016; to the Committee on Armed Executive Order 13413 of October 27, 2006, re- of the Financial Management and Agree- Services. ceived during adjournment of the Senate in ments Division, Agricultural Research Serv- EC–7213. A communication from the Presi- the Office of the President of the Senate on ice, Department of Agriculture, transmit- dent of the United States, transmitting, pur- October 21, 2016; to the Committee on Bank- ting, pursuant to law, the report of a rule en- suant to law, a report relative to the Con- ing, Housing, and Urban Affairs. titled ‘‘General Administrative Policy for tinuing Appropriations and Military Con- EC–7224. A communication from the Sec- Non-Assistance Cooperative Agreements’’ struction, Veterans Affairs, and Related retary, Securities and Exchange Commis- (RIN0518–AA06) received during adjournment Agencies Appropriations Act, 2017, and Zika sion, transmitting, pursuant to law, the re- of the Senate in the Office of the President Response and Preparedness Act; to the Com- port of a rule entitled ‘‘Investment Company of the Senate on October 19, 2016; to the Com- mittee on the Budget. Swing Pricing’’ (RIN3235–AL61) received dur- mittee on Agriculture, Nutrition, and For- EC–7214. A communication from the Presi- ing adjournment of the Senate in the Office estry. dent of the United States, transmitting, pur- of the President of the Senate on October 20, EC–7206. A communication from the Sec- suant to law, a report relative to the des- 2016; to the Committee on Banking, Housing, retary of the Commodity Futures Trading ignation of funding for Overseas Contingency and Urban Affairs. Commission, transmitting, pursuant to law, Operations/Global War on Terrorism; to the EC–7225. A communication from the Sec- the report of a rule entitled ‘‘Clearing Re- Committee on the Budget. retary, Securities and Exchange Commis- quirement Determination under Section 2(h) EC–7215. A communication from the Dep- sion, transmitting, pursuant to law, the re- of the Commodity Exchange Act for Interest uty General Counsel for Operations, Depart- port of a rule entitled ‘‘Investment Company Rate Swaps’’ (RIN3038–AE20) received during ment of Housing and Urban Development, Liquidity Risk Management Programs’’ adjournment of the Senate in the Office of transmitting, pursuant to law, a report rel- (RIN3235–AL61) received during adjournment the President of the Senate on October 12, ative to a vacancy in the position of General of the Senate in the Office of the President 2016; to the Committee on Agriculture, Nu- Counsel, Department of Housing and Urban of the Senate on October 20, 2016; to the Com- trition, and Forestry. Development, received during adjournment mittee on Banking, Housing, and Urban Af- EC–7207. A communication from the Under of the Senate in the Office of the President fairs. Secretary of Defense (Acquisition, Tech- of the Senate on October 6, 2016; to the Com- EC–7226. A communication from the Sec- nology, and Logistics), transmitting, pursu- mittee on Banking, Housing, and Urban Af- retary, Securities and Exchange Commis- ant to law, a report relative to the merger of fairs. sion, transmitting, pursuant to law, the re- the Office of the Assistant Secretary of De- EC–7216. A communication from the Sec- port of a rule entitled ‘‘Investment Company fense for Operational Energy Plans and Pro- retary of the Treasury, transmitting, pursu- Reporting Modernization’’ (RIN3235–AL42) grams and the Office of the Deputy Under ant to law, a six-month periodic report on received during adjournment of the Senate Secretary of Defense for Installation and En- the national emergency declared in Execu- in the Office of the President of the Senate vironment; to the Committee on Armed tive Order 12978 of October 21, 1995, with re- on October 20, 2016; to the Committee on Services. spect to significant narcotics traffickers cen- Banking, Housing, and Urban Affairs. EC–7208. A communication from the Alter- tered in Colombia; to the Committee on EC–7227. A communication from the Direc- nate Federal Register Liaison Officer, Office Banking, Housing, and Urban Affairs. tor, Community Development Financial In- of the Secretary, Department of Defense, EC–7217. A communication from the Sec- stitutions Fund, Department of the Treas- transmitting, pursuant to law, the report of retary of the Treasury, transmitting, pursu- ury, transmitting, pursuant to law, the re- a rule entitled ‘‘Identification (ID) Cards for ant to law, a six-month periodic report on port of a rule entitled ‘‘Bank Enterprise Members of the Uniformed Services, Their the national emergency with respect to Iran Award System’’ ((RIN1505–AA91) (12 CFR Dependents, and Other Eligible Individuals’’ that was declared in Executive Order 12170 Part 1806)) received during adjournment of (RIN0790–AJ37) received during adjournment on November 14, 1979; to the Committee on the Senate in the Office of the President of of the Senate in the Office of the President Banking, Housing, and Urban Affairs. the Senate on October 4, 2016; to the Com- of the Senate on October 19, 2016; to the Com- EC–7218. A communication from the Sec- mittee on Banking, Housing, and Urban Af- mittee on Armed Services. retary of the Treasury, transmitting, pursu- fairs.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.040 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6346 CONGRESSIONAL RECORD — SENATE November 15, 2016 EC–7228. A communication from the Assist- 2016; to the Committee on Energy and Nat- Fish and Wildlife Service, Department of the ant to the Board of Governors of the Federal ural Resources. Interior, transmitting, pursuant to law, the Reserve System, transmitting, pursuant to EC–7236. A communication from the Con- report of a rule entitled ‘‘Endangered and law, the report of a rule entitled ‘‘Regu- servation Policy Specialist, Fish and Wild- Threatened Wildlife and Plants; Threatened latory Capital Rules: The Federal Reserve life Service, Department of the Interior, Status for Lepidium papilliferum (Slickspot Board’s Framework for Implementing the transmitting, pursuant to law, the report of Peppergrass) Throughout Its Range’’ U.S. Basel III Countercyclical Capital Buff- a rule entitled ‘‘Non-Subsistence Take of (RIN1018–BA27) received during adjournment er’’ (RIN7100–AE43) received during adjourn- Wildlife, and Public Participation and Clo- of the Senate in the Office of the President ment of the Senate in the Office of the Presi- sure Procedures, on National Wildlife Ref- of the Senate on October 5, 2016; to the Com- dent of the Senate on October 6, 2016; to the uges in Alaska’’ (RIN1018–BA31) received dur- mittee on Environment and Public Works. Committee on Banking, Housing, and Urban ing adjournment of the Senate in the Office EC–7244. A communication from the Acting Affairs. of the President of the Senate on October 5, Branch Chief of the Unified Listing Team, EC–7229. A communication from the Chief 2016; to the Committee on Energy and Nat- Fish and Wildlife Service, Department of the Counsel, Federal Emergency Management ural Resources. Interior, transmitting, pursuant to law, the Agency, Department of Homeland Security, EC–7237. A communication from the De- report of a rule entitled ‘‘Endangered and transmitting, pursuant to law, the report of partment Program Director, Office of Acqui- Threatened Wildlife and Plants; Threatened a rule entitled ‘‘Suspension of Community sition and Property Management, Depart- Species Status for Suwannee Moccasinshell’’ Eligibility; Louisa County, VA, and Unincor- ment of Commerce, transmitting, pursuant (RIN1018–BB09) received during adjournment porated Areas’’ ((44 CFR Part 64) (Docket No. to law, the report of a rule entitled ‘‘Revi- of the Senate in the Office of the President FEMA–2016–0002)) received during adjourn- sion to Nonprocurement Suspension and De- of the Senate on October 5, 2016; to the Com- ment of the Senate in the Office of the Presi- barment Regulations’’ (RIN1090–AB12) re- mittee on Environment and Public Works. dent of the Senate on October 6, 2016; to the ceived during adjournment of the Senate in EC–7245. A communication from the Chief Committee on Banking, Housing, and Urban the Office of the President of the Senate on of the Division of Policy, Performance, and Affairs. October 5, 2016; to the Committee on Energy Management Programs, Fish and Wildlife EC–7230. A communication from the Assist- and Natural Resources. Service, Department of the Interior, trans- ant General Counsel for Legislation, Regula- EC–7238. A communication from the Spe- mitting, pursuant to law, the report of a rule tion and Energy Efficiency, Department of cial Agent in Charge of the Branch of Inves- entitled ‘‘Endangered and Threatened Wild- Energy, transmitting, pursuant to law, the tigations, Office of Law Enforcement, Fish life and Plants; Amending the Formats of report of a rule entitled ‘‘Procedures for De- and Wildlife Service, transmitting, pursuant the Lists of Endangered and Threatened termining Eligibility for Access to Classified to law, the report of a rule entitled ‘‘Civil Wildlife and Plants’’ (RIN1018–AU62) received Matter or Special Nuclear Material’’ Penalties; Inflation Adjustments for Civil during adjournment of the Senate in the Of- (RIN1992–AA36) received in the Office of the Monetary Penalties’’ (RIN1018–BB32) re- fice of the President of the Senate on Octo- President of Senate on October 18, 2016; to ceived during adjournment of the Senate in ber 5, 2016; to the Committee on Environ- the Committee on Energy and Natural Re- the Office of the President of the Senate on ment and Public Works. sources. October 5, 2016; to the Committee on Energy EC–7246. A communication from the Wild- EC–7231. A communication from the Assist- and Natural Resources. life Biologist, Fish and Wildlife Service, De- EC–7239. A communication from the Acting ant General Counsel for Legislation, Regula- partment of the Interior, transmitting, pur- Chief of the Foreign Species Branch, Fish tion and Energy Efficiency, Department of suant to law, the report of a rule entitled and Wildlife Service, Department of the Inte- Energy, transmitting, pursuant to law, the ‘‘Migratory Bird Hunting; Seasons and Bag rior, transmitting, pursuant to law, the re- report of a rule entitled ‘‘Energy Conserva- and Possession Limits for Certain Migratory port of a rule entitled ‘‘Endangered and tion Program: Energy Conservation Stand- Game Birds’’ (RIN1018–BA70) received during Threatened Wildlife and Plants; Taxonomic ards for Direct Heating Equipment’’ adjournment of the Senate in the Office of Correction for the Grand Cayman Ground (RIN1904–AD65) received in the Office of the the President of the Senate on October 5, Iguana’’ (RIN1018–BB69) received during ad- President of Senate on October 18, 2016; to 2016; to the Committee on Environment and journment of the Senate in the Office of the the Committee on Energy and Natural Re- President of the Senate on October 14, 2016; Public Works. EC–7247. A communication from the Acting sources. to the Committee on Environment and Pub- EC–7232. A communication from the Assist- Branch Chief of the Unified Listing Team, lic Works. ant General Counsel for Legislation, Regula- EC–7240. A communication from the Acting Fish and Wildlife Service, Department of the tion and Energy Efficiency, Department of Unified Listing Team Manager, Fish and Interior, transmitting, pursuant to law, the Energy, transmitting, pursuant to law, the Wildlife Service, Department of the Interior, report of a rule entitled ‘‘Endangered and report of a rule entitled ‘‘Energy Conserva- transmitting, pursuant to law, the report of Threatened Wildlife and Plants; Endangered tion Program: Test Procedures for Certain a rule entitled ‘‘Endangered and Threatened Species Status for the Miami Tiger Beetle Categories of General Service Lamps’’ Wildlife and Plants; Endangered Species Sta- (Cicindelidia floridana)’’ (RIN1018–BA16) re- (RIN1904–AD64) received in the Office of the tus for Chamaecrista lineata var. keyensis ceived during adjournment of the Senate in President of Senate on October 18, 2016; to (Big Pine Partridge Pea), Chamaesyce the Office of the President of the Senate on the Committee on Energy and Natural Re- deltoidea ssp. serpyllum (Wedge Spurge), and October 5, 2016; to the Committee on Envi- sources. Linum arenicola (Sand Flax), and Threat- ronment and Public Works. EC–7233. A communication from the Dep- ened Species Status for Argythamnia EC–7248. A communication from the Acting uty General Counsel, Federal Energy Regu- blodgettii (Blodgett’s Silverbush)’’ (RIN1018– Chief of the Unified Listing Team, Fish and latory Commission, transmitting, pursuant AZ95) received during adjournment of the Wildlife Service, Department of the Interior, to law, the report of a rule entitled ‘‘Format Senate in the Office of the President of the transmitting, pursuant to law, the report of and Dimensions of Maps and Drawings Re- Senate on October 14, 2016; to the Committee a rule entitled ‘‘Endangered and Threatened quired by the Commission’s Hydropower Pro- on Environment and Public Works. Wildlife and Plants; Designation of Critical gram’’ ((RIN1902–AE90) (Docket No. RM14–20– EC–7241. A communication from the Uni- Habitat for the Sierra Nevada Yellow-Legged 000)) received during adjournment of the fied Listing Team Manager, Fish and Wild- Frog, the Northern DPS of the Mountain Senate in the Office of the President of the life Service, Department of the Interior, Yellow-Legged Frog, and the Yosemite Senate on October 14, 2016; to the Committee transmitting, pursuant to law, the report of Toad’’ (RIN1018–AY07) received during ad- on Energy and Natural Resources. a rule entitled ‘‘Endangered and Threatened journment of the Senate in the Office of the EC–7234. A communication from the Gen- Wildlife and Plants; Endangered Status for President of the Senate on October 5, 2016; to eral Counsel, Federal Energy Regulatory 49 Species From the Hawaiian Islands’’ the Committee on Environment and Public Commission, transmitting, pursuant to law, (RIN1018–BB07) received during adjournment Works. the report of a rule entitled ‘‘Reliability of the Senate in the Office of the President EC–7249. A communication from the Acting Standard for Transmission System Planned of the Senate on October 14, 2016; to the Com- Manager of the Unified Listing Team, Fish Performance for Geomagnetic Disturbance mittee on Environment and Public Works. and Wildlife Service, Department of the Inte- Events’’ ((RIN1902–0264) (Docket No. RM15– EC–7242. A communication from the Chief rior, transmitting, pursuant to law, the re- 11–000)) received during adjournment of the of the Listing and Policy Support Branch, port of a rule entitled ‘‘Endangered and Senate in the Office of the President of the Fish and Wildlife Service, Department of the Threatened Wildlife and Plants; Threatened Senate on October 11, 2016; to the Committee Interior, transmitting, pursuant to law, the Species Status for Platanthera integrilabia on Energy and Natural Resources. report of a rule entitled ‘‘Endangered and (White Fringeless Orchid)’’ (RIN1018–BA93) EC–7235. A communication from the Direc- Threatened Wildlife and Plants; Revisions to received during adjournment of the Senate tor of the Office of Native Hawaiian Rela- the Regulations for Petitions’’ (RIN1018– in the Office of the President of the Senate tions, Office of the Secretary, Department of BA53 and RIN0648–BF06) received during ad- on October 5, 2016; to the Committee on En- the Interior, transmitting, pursuant to law, journment of the Senate in the Office of the vironment and Public Works. the report of a rule entitled ‘‘Land Exchange President of the Senate on October 14, 2016; EC–7250. A communication from the Acting Procedures and Procedures to Amend the Ha- to the Committee on Environment and Pub- Manager of the Unified Listing Team, Fish waiian Homes Commission Act, 1920’’ lic Works. and Wildlife Service, Department of the Inte- (RIN1090–AA98) received in the Office of the EC–7243. A communication from the Acting rior, transmitting, pursuant to law, the re- President of the Senate on September 29, Branch Chief of the Unified Listing Team, port of a rule entitled ‘‘Endangered and

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.042 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6347 Threatened Wildlife and Plants; Designation EC–7258. A communication from the Man- ting, pursuant to law, the report of a rule en- of Critical Habitat for the Acuna Cactus and ager of the Unified Listing Team, Fish and titled ‘‘Approval and Promulgation of State the Fickeisen Plains Cactus’’ (RIN1018–AZ43) Wildlife Service, Department of the Interior, Implementation Plan Revisions to Primary received during adjournment of the Senate transmitting, pursuant to law, the report of Air Quality Standards, Minor Source Base- in the Office of the President of the Senate a rule entitled ‘‘Endangered and Threatened line Date, Incorporation by Reference and on October 5, 2016; to the Committee on En- Wildlife and Plants; Determination of Crit- 2008 Ozone NAAQS Infrastructure Require- vironment and Public Works. ical Habitat for the Marbled Murrelet’’ ments for CAA Section 110(a) (2) (C) and (D) EC–7251. A communication from the Acting (RIN1018–BA91) received during adjournment (i) (II); Wyoming’’ (FRL No. 9953–78–Region 8) Manager of the Unified Listing Team, Fish of the Senate in the Office of the President received during adjournment of the Senate and Wildlife Service, Department of the Inte- of the Senate on October 5, 2016; to the Com- in the Office of the President of the Senate rior, transmitting, pursuant to law, the re- mittee on Environment and Public Works. on October 5, 2016; to the Committee on En- port of a rule entitled ‘‘Endangered and EC–7259. A communication from the Chief vironment and Public Works. Threatened Wildlife and Plants; Threatened of the Wildlife Trade and Conservation EC–7266. A communication from the Direc- Species Status for the Elfin-woods Warbler Branch, Fish and Wildlife Service, Depart- tor of the Regulatory Management Division, with 4(d) Rule’’ (RIN1018–BA94) received dur- ment of the Interior, transmitting, pursuant Environmental Protection Agency, transmit- ing adjournment of the Senate in the Office to law, the report of a rule entitled ‘‘Inclu- ting, pursuant to law, the report of a rule en- of the President of the Senate on October 5, sion of Four Native U.S. Freshwater Turtle titled ‘‘Approval and Promulgation of Air 2016; to the Committee on Environment and Species in Appendix III Of the Convention on Quality Implementation Plans; District of Public Works. International Trade in Endangered Species Columbia; Revision of Regulations for Sulfur EC–7252. A communication from the Chief of Wild Fauna and Flora (CITES)’’ (RIN1018– Content of Fuel Oil’’ (FRL No. 9953–74–Re- of the Unified Listing Team, Fish and Wild- AZ53) received during adjournment of the gion 3) received during adjournment of the life Service, Department of the Interior, Senate in the Office of the President of the Senate in the Office of the President of the transmitting, pursuant to law, the report of Senate on October 5, 2016; to the Committee Senate on October 5, 2016; to the Committee a rule entitled ‘‘Endangered and Threatened on Environment and Public Works. on Environment and Public Works. Wildlife and Plants; Lesser Prairie-Chicken EC–7260. A communication from the Con- EC–7267. A communication from the Direc- Removed From the List of Endangered and servation Policy Specialist, Fish and Wild- tor of the Regulatory Management Division, Threatened Wildlife’’ (RIN1018–BB67) re- life Service, Department of the Interior, Environmental Protection Agency, transmit- ceived during adjournment of the Senate in transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on a rule entitled ‘‘2016–2017 Refuge-Specific titled ‘‘Protection of Stratospheric Ozone: October 5, 2016; to the Committee on Envi- Hunting and Sport Fishing Regulations’’ Update to the Refrigerant Management Re- ronment and Public Works. (RIN1018–BB31) received during adjournment quirements under the Clean Air Act’’ EC–7253. A communication from the Chief of the Senate in the Office of the President ((RIN2060–AS51) (FRL No. 9950–28–OAR)) re- of the Unified Listing Team, Fish and Wild- of the Senate on October 5, 2016; to the Com- ceived during adjournment of the Senate in life Service, Department of the Interior, mittee on Environment and Public Works. the Office of the President of the Senate on transmitting, pursuant to law, the report of EC–7261. A communication from the Chief October 5, 2016; to the Committee on Envi- a rule entitled ‘‘Endangered and Threatened of the Recovery and State Grants Branch, ronment and Public Works. Wildlife and Plants; Threatened Species Sta- Fish and Wildlife Service, Department of the EC–7268. A communication from the Direc- tus for Kentucky Arrow Darter with 4(d) Interior, transmitting, pursuant to law, the tor of the Regulatory Management Division, Rule’’ (RIN1018–AZ09) received during ad- report of a rule entitled ‘‘Endangered and Environmental Protection Agency, transmit- journment of the Senate in the Office of the Threatened Wildlife and Plants; Removing ting, pursuant to law, the report of a rule en- President of the Senate on October 5, 2016; to the San Miguel Island Fox, Santa Rosa Is- titled ‘‘Revisions to Public Notice Provisions the Committee on Environment and Public land Fox, and Santa Crus Island Fox from in Clean Air Act Permitting Programs’’ Works. ((RIN2060–AS59) (FRL No. 9954–10–OAR)) re- EC–7254. A communication from the Chief the Federal List of Endangered and Threat- ceived during adjournment of the Senate in of the Unified Listing Team, Fish and Wild- ened Wildlife, and Reclassifying the Santa the Office of the President of the Senate on life Service, Department of the Interior, Catalina Island Fox from Endangered to October 13, 2016; to the Committee on Envi- transmitting, pursuant to law, the report of Threatened’’ (RIN1018–BA71) received during adjournment of the Senate in the Office of ronment and Public Works. a rule entitled ‘‘Endangered and Threatened EC–7269. A communication from the Direc- Wildlife and Plants; Designation of Critical the President of the Senate on October 5, tor of the Regulatory Management Division, Habitat for Kentucky Arrow Darter’’ 2016; to the Committee on Environment and Environmental Protection Agency, transmit- (RIN1018–BB05) received during adjournment Public Works. ting, pursuant to law, the report of a rule en- of the Senate in the Office of the President EC–7262. A communication from the Direc- titled ‘‘Approval and Promulgation of Imple- of the Senate on October 5, 2016; to the Com- tor of the Regulatory Management Division, mentation Plan; California; Calaveras Coun- mittee on Environment and Public Works. Environmental Protection Agency, transmit- EC–7255. A communication from the Acting ting, pursuant to law, the report of a rule en- ty, Chico (Butte County), San Francisco Bay Branch Chief of the Unified Listing Team, titled ‘‘Denial of Request for Extension of Area and San Luis Obispo County (Eastern Fish and Wildlife Service, Department of the Attainment Date for 1997 PM2.5 NAAQS; San Luis Obispo) Base Year Emission Inven- Interior, transmitting, pursuant to law, the California; San Joaquin Valley Serious Non- tories for the 2008 Ozone Standards’’ (FRL report of a rule entitled ‘‘Endangered and attainment Area’’ (FRL No. 9953–66–Region 9) No. 9954–20–Region 9) received during ad- Threatened Wildlife and Plants; Endangered received during adjournment of the Senate journment of the Senate in the Office of the Status for Five Species From American in the Office of the President of the Senate President of the Senate on October 13, 2016; Samoa’’ (RIN1018–AZ97) received during ad- on October 5, 2016; to the Committee on En- to the Committee on Environment and Pub- journment of the Senate in the Office of the vironment and Public Works. lic Works. President of the Senate on October 5, 2016; to EC–7263. A communication from the Direc- EC–7270. A communication from the Direc- the Committee on Environment and Public tor of the Regulatory Management Division, tor of the Regulatory Management Division, Works. Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- EC–7256. A communication from the Chief ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- of the Branch of Aquatic Invasive Species, titled ‘‘Approval of Missouri’s Air Quality titled ‘‘Approval and Promulgation of Air Fish and Wildlife Service, Department of the Implementation Plans, Operating Permits Quality Implementation Plans; State of Interior, transmitting, pursuant to law, the Program, and 112(1) Plan; Construction Per- Utah; Revisions to the Utah Division of Ad- report of a rule entitled ‘‘Endangered and mits Required’’ (FRL No. 9953–77–Region 7) ministrative Rules, R307–300 Series; Area Threatened Wildlife and Plants; Listing 10 received during adjournment of the Senate Source Rules for Attainment of Fine Partic- Freshwater Fish and 1 Crayfish’’ (RIN1018– in the Office of the President of the Senate ulate Matter Standards.’’ (FRL No. 9954–14– AY69) received during adjournment of the on October 5, 2016; to the Committee on En- Region 8) received during adjournment of the Senate in the Office of the President of the vironment and Public Works. Senate in the Office of the President of the Senate on October 5, 2016; to the Committee EC–7264. A communication from the Direc- Senate on October 13, 2016; to the Committee on Environment and Public Works. tor of the Regulatory Management Division, on Environment and Public Works. EC–7257. A communication from the Man- Environmental Protection Agency, transmit- EC–7271. A communication from the Direc- ager of the Unified Listing Team, Fish and ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Wildlife Service, Department of the Interior, titled ‘‘Approval of California Air Plan Revi- Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of sions, Butte County Air Quality Manage- ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Endangered and Threatened ment District’’ (FRL No. 9952–17–Region 9) titled ‘‘Approval and Disapproval and Pro- Wildlife and Plants; Threatened Species Sta- received during adjournment of the Senate mulgation of Air Quality Implementation tus for the Eastern Massasauga Rattle- in the Office of the President of the Senate Plans; Interstate Transport for Utah’’ (FRL snake’’ (RIN1018–BA98) received during ad- on October 5, 2016; to the Committee on En- No. 9954–13–Region 8) received during ad- journment of the Senate in the Office of the vironment and Public Works. journment of the Senate in the Office of the President of the Senate on October 5, 2016; to EC–7265. A communication from the Direc- President of the Senate on October 13, 2016; the Committee on Environment and Public tor of the Regulatory Management Division, to the Committee on Environment and Pub- Works. Environmental Protection Agency, transmit- lic Works.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.044 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6348 CONGRESSIONAL RECORD — SENATE November 15, 2016 EC–7272. A communication from the Direc- EC–7281. A communication from the Chief ment of State, transmitting, pursuant to tor of the Regulatory Management Division, of the Publications and Regulations Branch, law, a report relative to section 36(c) of the Environmental Protection Agency, transmit- Internal Revenue Service, Department of the Arms Export Control Act (DDTC 16–067); to ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the the Committee on Foreign Relations. titled ‘‘Air Plan Approval; Ohio; Removal of report of a rule entitled ‘‘Employee Plans EC–7293. A communication from the Assist- Gasoline Vapor Recovery Requirements.’’ Compliance Resolution System (‘‘EPCRS’’ ) ant Secretary, Legislative Affairs, Depart- (FRL No. 9954–21–Region 5) received during Update’’ (Rev. Proc. 2016–51) received during ment of State, transmitting, pursuant to adjournment of the Senate in the Office of adjournment of the Senate in the Office of law, a report relative to section 36(c) of the the President of the Senate on October 13, the President of the Senate on October 5, Arms Export Control Act (DDTC 16–090); to 2016; to the Committee on Environment and 2016; to the Committee on Finance. the Committee on Foreign Relations. Public Works. EC–7282. A communication from the Chief EC–7294. A communication from the Assist- EC–7273. A communication from the Direc- of the Publications and Regulations Branch, ant Secretary, Legislative Affairs, Depart- tor of the Regulatory Management Division, Internal Revenue Service, Department of the ment of State, transmitting, pursuant to Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the law, a report relative to section 36(c) of the ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Credit for Increas- Arms Export Control Act (DDTC 16–085); to titled ‘‘Air Plan Approval; KY; Removal of ing Research Activities’’ ((RIN1545–BC70) the Committee on Foreign Relations. Stage II Gasoline Vapor Recovery Program’’ (TD 9786)) received during adjournment of EC–7295. A communication from the Assist- (FRL No. 9954–08–Region 4) received during the Senate in the Office of the President of ant Secretary, Legislative Affairs, Depart- adjournment of the Senate in the Office of the Senate on October 5, 2016; to the Com- ment of State, transmitting, pursuant to the President of the Senate on October 13, mittee on Finance. law, a report relative to section 36(c) of the 2016; to the Committee on Environment and EC–7283. A communication from the Chief Arms Export Control Act (DDTC 16–070); to Public Works. of the Publications and Regulations Branch, the Committee on Foreign Relations. EC–7274. A communication from the Chief Internal Revenue Service, Department of the EC–7296. A communication from the Assist- of the Publications and Regulations Branch, Treasury, transmitting, pursuant to law, the ant Secretary, Legislative Affairs, Depart- Internal Revenue Service, Department of the report of a rule entitled ‘‘Use of Contingency ment of State, transmitting, pursuant to Treasury, transmitting, pursuant to law, the to Satisfy CRAT Exhaustion Test’’ (Rev. law, a report relative to section 3(d) of the report of a rule entitled ‘‘2016 National Pool’’ Proc. 2016–49) received during adjournment of Arms Export Control Act (DDTC 16–052); to (Rev. Proc. 2016–52) received during adjourn- the Senate in the Office of the President of the Committee on Foreign Relations. ment of the Senate in the Office of the Presi- the Senate on October 5, 2016; to the Com- EC–7297. A communication from the Assist- dent of the Senate on October 20, 2016; to the mittee on Finance. ant Secretary, Legislative Affairs, Depart- Committee on Finance. EC–7284. A communication from the Chief ment of State, transmitting, pursuant to EC–7275. A communication from the Chief of the Publications and Regulations Branch, law, a report relative to section 36(c) and of the Publications and Regulations Branch, Internal Revenue Service, Department of the 36(d) of the Arms Export Control Act (DDTC Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the 15–138); to the Committee on Foreign Rela- Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Fringe Benefits tions. report of a rule entitled ‘‘Addition to No Aircraft Valuation Formula’’ (Rev. Rul. 2016– EC–7298. A communication from the Assist- Rule List for Section 851’’ (Rev. Proc. 2016– 24) received during adjournment of the Sen- ant Secretary, Legislative Affairs, Depart- 50) received during adjournment of the Sen- ate in the Office of the President of the Sen- ment of State, transmitting, pursuant to ate in the Office of the President of the Sen- ate on October 5, 2016; to the Committee on law, a report relative to section 36(d) of the ate on October 20, 2016; to the Committee on Finance. Arms Export Control Act (DDTC 16–058); to EC–7285. A communication from the Chair- Finance. the Committee on Foreign Relations. EC–7276. A communication from the Chief man of the United States International EC–7299. A communication from the Assist- of the Publications and Regulations Branch, Trade Commission, transmitting, pursuant ant Secretary, Legislative Affairs, Depart- Internal Revenue Service, Department of the to law, a report entitled ‘‘Andean Trade ment of State, transmitting, pursuant to Treasury, transmitting, pursuant to law, the Preference Act (APTA): Impact on U.S. In- law, the report of a rule entitled ‘‘Amend- report of a rule entitled ‘‘Election to take dustries and Consumers and on Drug Crop ment to the International Traffic in Arms disaster loss deduction for preceding year.’’ Eradication and Crop Substitution, 2015’’; to Regulations: Revision of U.S. Munitions List ((RIN1545–BM03) (TD 9789)) received during the Committee on Finance. Category XII’’ (RIN1400–AD32) received dur- adjournment of the Senate in the Office of EC–7286. A communication from the Senior ing adjournment of the Senate in the Office the President of the Senate on October 20, Counsel for Regulatory Affairs, Depart- of the President of the Senate on October 3, 2016; to the Committee on Finance. mental Offices, Department of the Treasury, EC–7277. A communication from the Chief transmitting, pursuant to law, the report of 2016; to the Committee on Foreign Relations. of the Publications and Regulations Branch, a rule entitled ‘‘Gulf Coast Restoration EC–7300. A communication from the Assist- Internal Revenue Service, Department of the Trust Fund’’ (RIN1505–AC52) received in the ant Secretary, Legislative Affairs, Depart- Treasury, transmitting, pursuant to law, the Office of the President of the Senate on Sep- ment of State, transmitting, pursuant to report of a rule entitled ‘‘Applicable Federal tember 28, 2016; to the Committee on Fi- law, a report entitled ‘‘U.S. Assistance for Rates—November 2016’’ (Rev. Rul. 2016–26) re- nance. Palestinian Security Forces and Benchmarks ceived during adjournment of the Senate in EC–7287. A communication from the Assist- for Palestinian Security Assistance Funds’’; the Office of the President of the Senate on ant Secretary, Legislative Affairs, Depart- to the Committee on Foreign Relations. October 20, 2016; to the Committee on Fi- ment of State, transmitting, pursuant to EC–7301. A communication from the Assist- nance. law, a report relative to section 36(c) of the ant Legal Adviser for Treaty Affairs, Depart- EC–7278. A communication from the Chief Arms Export Control Act (DDTC 16–078); to ment of State, transmitting, pursuant to the of the Publications and Regulations Branch, the Committee on Foreign Relations. Case-Zablocki Act, 1 U.S.C. 112b, as amended, Internal Revenue Service, Department of the EC–7288. A communication from the Assist- the report of the texts and background state- Treasury, transmitting, pursuant to law, the ant Secretary, Legislative Affairs, Depart- ments of international agreements, other report of a rule entitled ‘‘Procedures under ment of State, transmitting, pursuant to than treaties (List 2016–0135 - 2016–0141); to Section 165(i)’’ (Rev. Proc. 2016–53) received law, a report relative to section 36(c) of the the Committee on Foreign Relations. during adjournment of the Senate in the Of- Arms Export Control Act (DDTC 16–075); to EC–7302. A communication from the Sec- fice of the President of the Senate on Octo- the Committee on Foreign Relations. retary of Education, transmitting, pursuant ber 20, 2016; to the Committee on Finance. EC–7289. A communication from the Assist- to law, the report of a rule entitled ‘‘Student EC–7279. A communication from the Chief ant Secretary, Legislative Affairs, Depart- Assistance General Provisions, Federal Per- of the Publications and Regulations Branch, ment of State, transmitting, pursuant to kins Loan Program, Federal Family Edu- Internal Revenue Service, Department of the law, a report relative to section 36(c) of the cation Loan Program, William D. Ford Fed- Treasury, transmitting, pursuant to law, the Arms Export Control Act (DDTC 16–046); to eral Direct Loan Program, and Teacher Edu- report of a rule entitled ‘‘Section 707 Regard- the Committee on Foreign Relations. cation Assistance for College And Higher ing Disguised Sales, Generally’’ ((RIN1545– EC–7290. A communication from the Assist- Education Grant Program’’ (RIN1840–AD19) BK29) (TD 9787)) received during adjourn- ant Secretary, Legislative Affairs, Depart- received in the Office of the President pro ment of the Senate in the Office of the Presi- ment of State, transmitting, pursuant to tempore of the Senate; to the Committee on dent of the Senate on October 5, 2016; to the law, a report relative to section 36(c) of the Health, Education, Labor, and Pensions. Committee on Finance. Arms Export Control Act (DDTC 16–057); to EC–7303. A communication from the Sec- EC–7280. A communication from the Chief the Committee on Foreign Relations. retary of Education, transmitting, pursuant of the Publications and Regulations Branch, EC–7291. A communication from the Assist- to law, the report of a rule entitled ‘‘Teacher Internal Revenue Service, Department of the ant Secretary, Legislative Affairs, Depart- Preparation Issues’’ (RIN1840–AD07) received Treasury, transmitting, pursuant to law, the ment of State, transmitting, pursuant to in the Office of the President pro tempore of report of a rule entitled ‘‘Special Per Diem law, a report relative to section 36(c) of the the Senate; to the Committee on Health, Rates 2016–2017’’ (Notice 2016–58) received Arms Export Control Act (DDTC 16–066); to Education, Labor, and Pensions. during adjournment of the Senate in the Of- the Committee on Foreign Relations. EC–7304. A communication from the Assist- fice of the President of the Senate on Octo- EC–7292. A communication from the Assist- ant Secretary for Legislation, Department of ber 5, 2016; to the Committee on Finance. ant Secretary, Legislative Affairs, Depart- Health and Human Services, transmitting,

VerDate Sep 11 2014 06:27 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.046 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6349 pursuant to law, a report entitled ‘‘Annual vices; Technical Amendment’’ (Docket No. anty Corporation, transmitting, pursuant to Report to Congress on the Prevention and FDA–2016–N–2518) received during adjourn- law, the Inspector General’s Semiannual Re- Reduction of Underage Drinking’’; to the ment of the Senate in the Office of the Presi- port to Congress for the period from October Committee on Health, Education, Labor, and dent of the Senate on October 14, 2016; to the 1, 2015, through March 31, 2016; to the Com- Pensions. Committee on Health, Education, Labor, and mittee on Homeland Security and Govern- EC–7305. A communication from the Execu- Pensions. mental Affairs. tive Director of the National Advisory Com- EC–7313. A communication from the Regu- EC–7324. A communication from the Office mittee on Institutional Quality and Integ- lations Coordinator, Health Resources and Program Manager, Office of Regulation Pol- rity, Office of Postsecondary Education, De- Services Administration, Department of icy and Management, Department of Vet- partment of Education, transmitting, pursu- Health and Human Services, transmitting, erans Affairs, transmitting, pursuant to law, ant to law, the fiscal year 2016 annual report pursuant to law, the report of a rule entitled the report of a rule entitled ‘‘Repayment by of the National Advisory Committee on In- ‘‘ONC Health IT Certification Program: En- VA of Educational Loans for Certain Psychi- stitutional Quality and Integrity; to the hanced Oversight and Accountability’’ atrists’’ (RIN2900–AP57) received during ad- Committee on Health, Education, Labor, and (RIN0955–AA00) received during adjournment journment of the Senate in the Office of the Pensions. of the Senate in the Office of the President President of the Senate on October 3, 2016; to EC–7306. A communication from the Sec- of the Senate on October 14, 2016; to the Com- the Committee on Veterans’ Affairs. retary of Labor, transmitting, pursuant to mittee on Health, Education, Labor, and EC–7325. A communication from the Office law, a report entitled ‘‘The Department of Pensions. Program Manager, Office of Regulation Pol- EC–7314. A communication from the Chair- Labor’s 2015 Findings on the Worst Forms of icy and Management, Department of Vet- man of the Council of the District of Colum- Child Labor’’; to the Committee on Health, erans Affairs, transmitting, pursuant to law, bia, transmitting, pursuant to law, a report Education, Labor, and Pensions. the report of a rule entitled ‘‘Extension of on D.C. Act 21–490, ‘‘Motor Vehicle Collision EC–7307. A communication from the Sec- the Presumptive Period for Compensation Recovery Act of 2016’’; to the Committee on retary of Labor, transmitting, pursuant to for Gulf War Veterans’’ (RIN2900–AP84) re- Homeland Security and Governmental Af- law, a report entitled ‘‘List of Goods Pro- ceived during adjournment of the Senate in fairs. duced by Child Labor or Forced Labor’’; to the Office of the President of the Senate on the Committee on Health, Education, Labor, EC–7315. A communication from the Chair- man of the Council of the District of Colum- October 21, 2016; to the Committee on Vet- and Pensions. erans’ Affairs. EC–7308. A communication from the Assist- bia, transmitting, pursuant to law, a report EC–7326. A communication from the Attor- ant General Counsel for Regulatory Affairs, on D.C. Act 21–491, ‘‘Safe at Home Act of ney-Advisor, Office of the Secretary, Depart- Pension Benefit Guaranty Corporation, 2016’’; to the Committee on Homeland Secu- ment of Transportation, transmitting, pur- transmitting, pursuant to law, the report of rity and Governmental Affairs. suant to law, the report relative to a va- a rule entitled ‘‘Payment of Premiums; Late EC–7316. A communication from the Chair- cancy for the position of Assistant Secretary Payment Penalty Relief’’ (RIN1212–AB32) re- man of the Council of the District of Colum- for Transportation Policy, Department of ceived during adjournment of the Senate in bia, transmitting, pursuant to law, a report Transportation, received in the office of the the Office of the President of the Senate on on D.C. Act 21–492, ‘‘Rent Control Hardship President of the Senate on September 28, October 13, 2016; to the Committee on Petition Limitation Temporary Amendment 2016; to the Committee on Commerce, Health, Education, Labor, and Pensions. Act of 2016’’; to the Committee on Homeland EC–7309. A communication from the Direc- Security and Governmental Affairs. Science, and Transportation. tor of Regulations and Policy Management EC–7317. A communication from the Chair- EC–7327. A communication from the Acting Staff, Food and Drug Administration, De- man of the Council of the District of Colum- Director, Office of Sustainable Fisheries, De- bia, transmitting, pursuant to law, a report partment of Health and Human Services, partment of Commerce, transmitting, pursu- on D.C. Act 21–493, ‘‘Wage Theft Prevention transmitting, pursuant to law, the report of ant to law, the report of a rule entitled Correction and Clarification Temporary a rule entitled ‘‘Food Additives Permitted in ‘‘Western and Central Pacific Fisheries for Amendment Act of 2016’’; to the Committee Feed and Drinking Water of Animals; Feed Highly Migratory Species; 2016 Bigeye Tuna on Homeland Security and Governmental Af- Grade Sodium Formate’’ (Docket No. FDA– Longline Fishery Closure’’ (RIN0648–XE719) fairs. received during adjournment of the Senate 2014–F–0988) received during adjournment of EC–7318. A communication from the Chair- the Senate in the Office of the President of in the Office of the President of the Senate man of the Council of the District of Colum- on October 13, 2016; to the Committee on the Senate on October 3, 2016; to the Com- bia, transmitting, pursuant to law, a report mittee on Health, Education, Labor, and Commerce, Science, and Transportation. on D.C. Act 21–494, ‘‘Interior Design Chari- EC–7328. A communication from the Acting Pensions. table Event Regulation Temporary Amend- EC–7310. A communication from the Direc- Director, Office of Sustainable Fisheries, De- ment Act of 2016’’; to the Committee on partment of Commerce, transmitting, pursu- tor of Regulations and Policy Management Homeland Security and Governmental Af- Staff, Food and Drug Administration, De- ant to law, the report of a rule entitled fairs. ‘‘Fisheries of the Exclusive Economic Zone partment of Health and Human Services, EC–7319. A communication from the Chair- Off Alaska; Reapportionment of the 2016 Gulf transmitting, pursuant to law, the report of man of the Consumer Product Safety Com- of Alaska Pacific Halibut Prohibited Species a rule entitled ‘‘Current Good Manufacturing mission, transmitting, pursuant to law, the Catch Limits for the Trawl Deep-Water and Practice, Hazard Analysis, and Risk-Based Semiannual Report of the Inspector General Shallow-Water Fishery Categories’’ Preventive Controls for Human Food and for the period from October 1, 2015 through (RIN0648–XE728) received during adjourn- Current Good Manufacturing Practice, Haz- March 31, 2016; to the Committee on Home- ment of the Senate in the Office of the Presi- ard Analysis, and Risk-Based Preventive land Security and Governmental Affairs. Controls for Food for Animals; Definition of EC–7320. A communication from the Direc- dent of the Senate on October 13, 2016; to the Qualified Auditor; Announcement of Effec- tor of Regulation, Legislation, and Interpre- Committee on Commerce, Science, and tive Date’’ (Docket Nos. FDA–2011–N–0920 tation, Wage and Hour Division, Department Transportation. and FDA–2011–N–0922) received during ad- of Labor, transmitting, pursuant to law, the EC–7329. A communication from the Dep- journment of the Senate in the Office of the report of a rule entitled ‘‘Establishing Paid uty Assistant Administrator for Regulatory President of the Senate on October 3, 2016; to Sick Leave for Federal Contractors’’ Programs, Office of Sustainable Fisheries, the Committee on Health, Education, Labor, (RIN1235–AA13) received during adjournment Department of Commerce, transmitting, pur- and Pensions. of the Senate in the Office of the President suant to law, the report of a rule entitled EC–7311. A communication from the Direc- of the Senate on October 4, 2016; to the Com- ‘‘Magnuson-Stevens Act Provisions; Fish- tor of Regulations and Policy Management mittee on Homeland Security and Govern- eries Off West Coast States; Tribal Usual and Staff, Food and Drug Administration, De- mental Affairs. Accustomed Fishing Areas’’ (RIN0648–BF58) partment of Health and Human Services, EC–7321. A communication from the Dis- received during adjournment of the Senate transmitting, pursuant to law, the report of trict of Columbia Auditor, transmitting, pur- in the Office of the President of the Senate a rule entitled ‘‘Additions and Modifications suant to law, a report entitled, ‘‘Contracting on October 20, 2016; to the Committee on to the List of Drug Products That Have Been Out School Food Services Failed to Control Commerce, Science, and Transportation. Withdrawn or Removed From the Market for Costs as Promised’’; to the Committee on EC–7330. A communication from the Dep- Reasons of Safety or Effectiveness’’ Homeland Security and Governmental Af- uty Assistant Administrator for Regulatory ((RIN0910–AH08) (Docket No. FDA–1999–N– fairs. Programs, Office of Sustainable Fisheries, 0194)) received during adjournment of the EC–7322. A communication from the Ad- Department of Commerce, transmitting, pur- Senate in the Office of the President of the ministrator of the U.S. Agency for Inter- suant to law, the report of a rule entitled Senate on October 14, 2016; to the Committee national Development, transmitting, pursu- ‘‘International Fisheries; Western and Cen- on Health, Education, Labor, and Pensions. ant to law, the Semiannual Report of the In- tral Pacific Fisheries for Highly Migratory EC–7312. A communication from the Direc- spector General for the period from October Species; Fishing Effort Limits in Purse tor of Regulations and Policy Management 1, 2015 through March 31, 2016; to the Com- Seine Fisheries for 2016’’ (RIN0648–BF93) re- Staff, Food and Drug Administration, De- mittee on Homeland Security and Govern- ceived during adjournment of the Senate in partment of Health and Human Services, mental Affairs. the Office of the President of the Senate on transmitting, pursuant to law, the report of EC–7323. A communication from the In- October 6, 2016; to the Committee on Com- a rule entitled ‘‘Medical Devices; Custom De- spector General of the Pension Benefit Guar- merce, Science, and Transportation.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.048 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6350 CONGRESSIONAL RECORD — SENATE November 15, 2016 EC–7331. A communication from the Assist- ((RIN1625–AA08) (Docket No. USCG–2015– Celebration; Chequamegon Bay, Ashland, ant Administrator for Procurement, Na- 0854)) received during adjournment of the WI’’ ((RIN1625–AA00) (Docket No. USCG–2016– tional Aeronautics and Space Administra- Senate in the Office of the President of the 0918)) received during adjournment of the tion, transmitting, pursuant to law, the re- Senate on October 5, 2016; to the Committee Senate in the Office of the President of the port of a rule entitled ‘‘NASA Federal Acqui- on Commerce, Science, and Transportation. Senate on October 5, 2016; to the Committee sition Regulation Supplement: Revised EC–7339. A communication from the Attor- on Commerce, Science, and Transportation. Voucher Submission & Payment Process’’ ney-Advisor, U.S. Coast Guard, Department EC–7347. A communication from the Attor- (RIN2700–AE34) received during adjournment of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department of the Senate in the Office of the President ant to law, the report of a rule entitled ‘‘Se- of Homeland Security, transmitting, pursu- of the Senate on October 6, 2016; to the Com- curity Zone; 22nd International Seapower ant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- Symposium Special Events, Rosecliff Man- ‘‘Safety Zone; Main Branch of the Chicago tation. sion and Newport Marriott Hotel, Newport, River, Chicago, IL’’ ((RIN1625–AA00) (Docket EC–7332. A communication from the Dep- RI’’ ((RIN1625–AA87) (Docket No. USCG–2016– No. USCG–2016–0883)) received during ad- uty Bureau Chief, Wireline Competition Bu- 0813)) received during adjournment of the journment of the Senate in the Office of the reau, Federal Communications Commission, Senate in the Office of the President of the President of the Senate on October 5, 2016; to transmitting, pursuant to law, the report of Senate on October 5, 2016; to the Committee the Committee on Commerce, Science, and a rule entitled ‘‘Connect America Fund; Uni- on Commerce, Science, and Transportation. Transportation. versal Service Reform—Mobility Fund; Con- EC–7340. A communication from the Attor- EC–7348. A communication from the Attor- nect America Fund—Alaska Plan’’ ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department ((RIN3060–AF85) (FCC 16–115)) received during of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- adjournment of the Senate in the Office of ant to law, the report of a rule entitled ‘‘Se- ant to law, the report of a rule entitled the President of the Senate on October 7, curity Zone; 22nd International Seapower ‘‘Safety Zone; Temporary Change to Date 2016; to the Committee on Commerce, Symposium, Goat Island, Newport, RI’’ and Location for Recurring Pittsburgh Steel- Science, and Transportation. ((RIN1625–AA87) (Docket No. USCG–2016– ers Fireworks Display within the Eighth EC–7333. A communication from the Chief 0790)) received during adjournment of the Coast Guard District, Pittsburgh, PA’’ of the Branch of Recovery and State Grants, Senate in the Office of the President of the ((RIN1625–AA00) (Docket No. USCG–2016– Fish and Wildlife Service, Department of the Senate on October 5, 2016; to the Committee 0895)) received during adjournment of the Interior, transmitting, pursuant to law, the on Commerce, Science, and Transportation. Senate in the Office of the President of the report of a rule entitled ‘‘Marine Mammals; EC–7341. A communication from the Attor- Senate on October 5, 2016; to the Committee Incidental Take During Specified Activities’’ ney-Advisor, U.S. Coast Guard, Department on Commerce, Science, and Transportation. (RIN1018–BA99) received during adjournment of Homeland Security, transmitting, pursu- EC–7349. A communication from the Attor- of the Senate in the Office of the President ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department of the Senate on October 5, 2016; to the Com- ‘‘Drawbridge Operation Regulation; New of Homeland Security, transmitting, pursu- mittee on Commerce, Science, and Transpor- River, Fort Lauderdale, FL’’ ((RIN1625–AA09) ant to law, the report of a rule entitled tation. (Docket No. USCG–2015–0271)) received dur- ‘‘Safety Zone; Monte Foundation Fireworks EC–7334. A communication from the Sec- ing adjournment of the Senate in the Office Extravaganza, Capitola, CA’’ ((RIN1625– retary of the Commission, Bureau of Con- of the President of the Senate on October 5, AA00) (Docket No. USCG–2016–0825)) received sumer Protection, Federal Trade Commis- 2016; to the Committee on Commerce, during adjournment of the Senate in the Of- sion, transmitting, pursuant to law, the re- Science, and Transportation. fice of the President of the Senate on Octo- port of a rule entitled ‘‘Disclosure of Written EC–7342. A communication from the Attor- ber 5, 2016; to the Committee on Commerce, Consumer Product Warranty Terms and Con- ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. ditions; Pre-Sale Availability of Written of Homeland Security, transmitting, pursu- EC–7350. A communication from the Attor- Warranty Terms’’ (RIN3084–AB24 and ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department RIN3084–AB25) received during adjournment ‘‘Drawbridge Operation Regulation; of Homeland Security, transmitting, pursu- of the Senate in the Office of the President Keweenaw Waterway, Houghton and Han- ant to law, the report of a rule entitled of the Senate on October 19, 2016; to the Com- cock, MI’’ ((RIN1625–AA09) (Docket No. ‘‘Safety Zone; Arkansas River, Little Rock, mittee on Commerce, Science, and Transpor- USCG–2016–0582)) received during adjourn- AR’’ ((RIN1625–AA00) (Docket No. USCG– tation. ment of the Senate in the Office of the Presi- 2016–0885)) received during adjournment of EC–7335. A communication from the Attor- dent of the Senate on October 5, 2016; to the the Senate in the Office of the President of ney-Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and the Senate on October 5, 2016; to the Com- of Homeland Security, transmitting, pursu- Transportation. mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled ‘‘Spe- EC–7343. A communication from the Attor- tation. cial Local Regulations; Atchafalaya River, ney-Advisor, U.S. Coast Guard, Department EC–7351. A communication from the Attor- Morgan City, LA’’ ((RIN1625–AA08) (Docket of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department No. USCG–2016–0757)) received during ad- ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- journment of the Senate in the Office of the ‘‘Safety Zone; Diving Operations, Delaware ant to law, the report of a rule entitled President of the Senate on October 5, 2016; to River, Philadelphia, PA’’ ((RIN1625–AA00) ‘‘Safety Zone; South Branch of the Chicago the Committee on Commerce, Science, and (Docket No. USCG–2016–0899)) received dur- River and Chicago Sanitary and Ship Canal, Transportation. ing adjournment of the Senate in the Office Chicago, IL’’ ((RIN1625–AA00) (Docket No. EC–7336. A communication from the Attor- of the President of the Senate on October 5, USCG–2016–08451)) received during adjourn- ney-Advisor, U.S. Coast Guard, Department 2016; to the Committee on Commerce, ment of the Senate in the Office of the Presi- of Homeland Security, transmitting, pursu- Science, and Transportation. dent of the Senate on October 5, 2016; to the ant to law, the report of a rule entitled ‘‘Spe- EC–7344. A communication from the Attor- Committee on Commerce, Science, and cial Local Regulations; Ohio River, Madison, ney-Advisor, U.S. Coast Guard, Department Transportation. IN’’ ((RIN1625–AA08) (Docket No. USCG–2016– of Homeland Security, transmitting, pursu- EC–7352. A communication from the Attor- 0717)) received during adjournment of the ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department Senate in the Office of the President of the ‘‘Safety Zone; Allegheny River, Ohio River, of Homeland Security, transmitting, pursu- Senate on October 5, 2016; to the Committee Monongahela River, Pittsburgh, PA’’ ant to law, the report of a rule entitled on Commerce, Science, and Transportation. ((RIN1625–AA00) (Docket No. USCG–2016– ‘‘Safety Zone; Columbia River, Sand Island, EC–7337. A communication from the Attor- 0912)) received during adjournment of the WA’’ ((RIN1625–AA00) (Docket No. USCG– ney-Advisor, U.S. Coast Guard, Department Senate in the Office of the President of the 2016–0818)) received during adjournment of of Homeland Security, transmitting, pursu- Senate on October 5, 2016; to the Committee the Senate in the Office of the President of ant to law, the report of a rule entitled ‘‘Spe- on Commerce, Science, and Transportation. the Senate on October 5, 2016; to the Com- cial Local Regulations; International Jet EC–7345. A communication from the Attor- mittee on Commerce, Science, and Transpor- Sports Boating Association; Lake Havasu ney-Advisor, U.S. Coast Guard, Department tation. City, AZ’’ ((RIN1625–AA08) (Docket No. of Homeland Security, transmitting, pursu- EC–7353. A communication from the Attor- USCG–2016–0733)) received during adjourn- ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department ment of the Senate in the Office of the Presi- ‘‘Safety Zone; Dredging, Shark River, NJ’’ of Homeland Security, transmitting, pursu- dent of the Senate on October 5, 2016; to the ((RIN1625–AA00) (Docket No. USCG–2016– ant to law, the report of a rule entitled Committee on Commerce, Science, and 0824)) received during adjournment of the ‘‘Safety Zone; Navy UNDET, Apra Outer Transportation. Senate in the Office of the President of the Harbor, GU’’ ((RIN1625–AA00) (Docket No. EC–7338. A communication from the Attor- Senate on October 5, 2016; to the Committee USCG–2016–0791)) received during adjourn- ney-Advisor, U.S. Coast Guard, Department on Commerce, Science, and Transportation. ment of the Senate in the Office of the Presi- of Homeland Security, transmitting, pursu- EC–7346. A communication from the Attor- dent of the Senate on October 5, 2016; to the ant to law, the report of a rule entitled ‘‘Spe- ney-Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and cial Local Regulations and Safety Zones; Re- of Homeland Security, transmitting, pursu- Transportation. curring Marine Events and Fireworks Dis- ant to law, the report of a rule entitled EC–7354. A communication from the Attor- plays within the Fifth Coast Guard District’’ ‘‘Safety Zone; 100th Ore Dock Anniversary ney-Advisor, U.S. Coast Guard, Department

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.050 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6351 of Homeland Security, transmitting, pursu- law, the report of a rule entitled ‘‘Amend- Aviation Administration, Department of ant to law, the report of a rule entitled ment of Class E; Tekamah, NE’’ ((RIN2120– Transportation, transmitting, pursuant to ‘‘Safety Zone; M/V Zhen Hua, Blount Island AA66) (Docket No. FAA–2016–6989)) received law, the report of a rule entitled ‘‘Airworthi- Marine Terminal Crane Movement; St. Johns during adjournment of the Senate in the Of- ness Directives; Dassault Aviation Air- River, Jacksonville, FL’’ ((RIN1625–AA00) fice of the President of the Senate on Octo- planes’’ ((RIN2120–AA64) (Docket No. FAA– (Docket No. USCG–2016–0828)) received dur- ber 13, 2016; to the Committee on Commerce, 2015–3629)) received during adjournment of ing adjournment of the Senate in the Office Science, and Transportation. the Senate in the Office of the President of of the President of the Senate on October 5, EC–7362. A communication from the Man- the Senate on October 21, 2016; to the Com- 2016; to the Committee on Commerce, agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- Science, and Transportation. Aviation Administration, Department of tation. EC–7355. A communication from the Attor- Transportation, transmitting, pursuant to EC–7370. A communication from the Man- ney-Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Amend- agement and Program Analyst, Federal of Homeland Security, transmitting, pursu- ment of Class E; Indiana, PA’’ ((RIN2120– Aviation Administration, Department of ant to law, the report of a rule entitled AA66) (Docket No. FAA–2016–6138)) received Transportation, transmitting, pursuant to ‘‘Safety Zone; The Perry Group Fireworks during adjournment of the Senate in the Of- law, the report of a rule entitled ‘‘Part 95 In- Display, Put-in-Bay, OH’’ ((RIN1625–AA00) fice of the President of the Senate on Octo- strument Flight Rules; Miscellaneous (Docket No. USCG–2016–0822)) received dur- ber 13, 2016; to the Committee on Commerce, Amendments; Amendment No. 529’’ (RIN2120– ing adjournment of the Senate in the Office Science, and Transportation. AA63) received during adjournment of the of the President of the Senate on October 5, EC–7363. A communication from the Man- Senate in the Office of the President of the 2016; to the Committee on Commerce, agement and Program Analyst, Federal Senate on October 21, 2016; to the Committee Science, and Transportation. Aviation Administration, Department of on Commerce, Science, and Transportation. EC–7356. A communication from the Attor- Transportation, transmitting, pursuant to EC–7371. A communication from the Man- ney-Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Amend- agement and Program Analyst, Federal of Homeland Security, transmitting, pursu- ment of Class E; Glasgow, KY’’ ((RIN2120– Aviation Administration, Department of ant to law, the report of a rule entitled ‘‘Spe- AA66) (Docket No. FAA–2016–6134)) received Transportation, transmitting, pursuant to cial Local Regulation; Ohio River, during adjournment of the Senate in the Of- law, the report of a rule entitled ‘‘Airworthi- Owensboro, KY’’ ((RIN1625–AA00) (Docket fice of the President of the Senate on Octo- ness Directives; Continental Motors, Inc. Re- No. USCG–2016–0864)) received during ad- ber 13, 2016; to the Committee on Commerce, ciprocating Engines’’ ((RIN2120–AA64) (Dock- journment of the Senate in the Office of the Science, and Transportation. et No. FAA–2016–0069)) received during ad- President of the Senate on October 25, 2016; EC–7364. A communication from the Man- journment of the Senate in the Office of the to the Committee on Commerce, Science, agement and Program Analyst, Federal President of the Senate on October 21, 2016; and Transportation. Aviation Administration, Department of to the Committee on Commerce, Science, EC–7357. A communication from the Man- Transportation, transmitting, pursuant to and Transportation. agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Amend- EC–7372. A communication from the Man- Aviation Administration, Department of ment of Class D and Class E Airspace; Ha- agement and Program Analyst, Federal Transportation, transmitting, pursuant to gerstown, MD’’ ((RIN2120–AA66) (Docket No. Aviation Administration, Department of law, the report of a rule entitled ‘‘Standard FAA–2015–4513)) received during adjournment Transportation, transmitting, pursuant to Instrument Approach Procedures, and Take- of the Senate in the Office of the President law, the report of a rule entitled ‘‘Cancella- off Minimums and Obstacle Departure Proce- of the Senate on October 13, 2016; to the Com- tion of Standard Instrument Approach Pro- dures; Miscellaneous Amendments (44); mittee on Commerce, Science, and Transpor- cedures as Part of the National Procedures Amdt. No. 3712’’ (RIN2120–AA65) received dur- tation. Assessment (NPA) Initiative’’ (RIN2120– EC–7365. A communication from the Man- ing adjournment of the Senate in the Office AA65) received during adjournment of the agement and Program Analyst, Federal of the President of the Senate on October 13, Senate in the Office of the President of the Aviation Administration, Department of 2016; to the Committee on Commerce, Senate on October 21, 2016; to the Committee Transportation, transmitting, pursuant to Science, and Transportation. law, the report of a rule entitled ‘‘Amend- on Commerce, Science, and Transportation. EC–7358. A communication from the Man- EC–7373. A communication from the Man- ment of Class D and Class E Airspace, Fal- agement and Program Analyst, Federal agement and Program Analyst, Federal mouth, MA’’ ((RIN2120–AA66) (Docket No. Aviation Administration, Department of Aviation Administration, Department of FAA–2016–5444)) received during adjournment Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to of the Senate in the Office of the President law, the report of a rule entitled ‘‘Standard law, the report of a rule entitled ‘‘Airworthi- of the Senate on October 13, 2016; to the Com- Instrument Approach Procedures, and Take- ness Directives; Bombardier, Inc. Airplanes’’ mittee on Commerce, Science, and Transpor- off Minimums and Obstacle Departure Proce- ((RIN2120–AA64) (Docket No. FAA–2015–8471)) tation. dures; Miscellaneous Amendments (32); EC–7366. A communication from the Man- received during adjournment of the Senate Amdt. No. 3713’’ (RIN2120–AA65) received dur- agement and Program Analyst, Federal in the Office of the President of the Senate ing adjournment of the Senate in the Office Aviation Administration, Department of on October 21, 2016; to the Committee on of the President of the Senate on October 13, Transportation, transmitting, pursuant to Commerce, Science, and Transportation. 2016; to the Committee on Commerce, law, the report of a rule entitled ‘‘Modifica- EC–7374. A communication from the Man- Science, and Transportation. tion of Colored Federal Airway B–1; Alaska’’ agement and Program Analyst, Federal EC–7359. A communication from the Man- ((RIN2120–AA66) (Docket No. FAA–2016–4648)) Aviation Administration, Department of agement and Program Analyst, Federal received during adjournment of the Senate Transportation, transmitting, pursuant to Aviation Administration, Department of in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to on October 13, 2016; to the Committee on ness Directives; Bombardier, Inc. Airplanes’’ law, the report of a rule entitled ‘‘Standard Commerce, Science, and Transportation. ((RIN2120–AA64) (Docket No. FAA–2016–6148)) Instrument Approach Procedures, and Take- EC–7367. A communication from the Man- received during adjournment of the Senate off Minimums and Obstacle Departure Proce- agement and Program Analyst, Federal in the Office of the President of the Senate dures; Miscellaneous Amendments (25); Aviation Administration, Department of on October 13, 2016; to the Committee on Amdt. No. 3714’’ (RIN2120–AA65) received dur- Transportation, transmitting, pursuant to Commerce, Science, and Transportation. ing adjournment of the Senate in the Office law, the report of a rule entitled ‘‘Modifica- EC–7375. A communication from the Man- of the President of the Senate on October 13, tion of Class E Airspace; Napa, CA’’ agement and Program Analyst, Federal 2016; to the Committee on Commerce, ((RIN2120–AA66) (Docket No. FAA–2016–5574)) Aviation Administration, Department of Science, and Transportation. received during adjournment of the Senate Transportation, transmitting, pursuant to EC–7360. A communication from the Man- in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal on October 13, 2016; to the Committee on ness Directives; Saab AB, Saab Aeronautics Aviation Administration, Department of Commerce, Science, and Transportation. (Formerly Known as Saab AB, Saab Transportation, transmitting, pursuant to EC–7368. A communication from the Man- Aerosystems) Airplanes’’ ((RIN2120–AA64) law, the report of a rule entitled ‘‘Standard agement and Program Analyst, Federal (Docket No. FAA–2016–9114)) received during Instrument Approach Procedures, and Take- Aviation Administration, Department of adjournment of the Senate in the Office of off Minimums and Obstacle Departure Proce- Transportation, transmitting, pursuant to the President of the Senate on October 13, dures; Miscellaneous Amendments (67); law, the report of a rule entitled ‘‘Airworthi- 2016; to the Committee on Commerce, Amdt. No. 3711’’ (RIN2120–AA65) received dur- ness Directives; Sikorsky Aircraft Corpora- Science, and Transportation. ing adjournment of the Senate in the Office tion Helicopters’’ ((RIN2120–AA64) (Docket EC–7376. A communication from the Man- of the President of the Senate on October 13, No. FAA–2016–6640)) received during adjourn- agement and Program Analyst, Federal 2016; to the Committee on Commerce, ment of the Senate in the Office of the Presi- Aviation Administration, Department of Science, and Transportation. dent of the Senate on October 21, 2016; to the Transportation, transmitting, pursuant to EC–7361. A communication from the Man- Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal Transportation. ness Directives; Honeywell International Inc. Aviation Administration, Department of EC–7369. A communication from the Man- Turboprop and Turboshaft Engines’’ Transportation, transmitting, pursuant to agement and Program Analyst, Federal ((RIN2120–AA64) (Docket No. FAA–2015–4866))

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.052 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6352 CONGRESSIONAL RECORD — SENATE November 15, 2016 received during adjournment of the Senate Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- tation. on October 13, 2016; to the Committee on ness Directives; Airbus Airplanes’’ ((RIN2120– EC–7392. A communication from the Man- Commerce, Science, and Transportation. AA64) (Docket No. FAA–2015–8132)) received agement and Program Analyst, Federal EC–7377. A communication from the Man- during adjournment of the Senate in the Of- Aviation Administration, Department of agement and Program Analyst, Federal fice of the President of the Senate on Octo- Transportation, transmitting, pursuant to Aviation Administration, Department of ber 21, 2016; to the Committee on Commerce, law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to Science, and Transportation. ness Directives; The Boeing Company Air- law, the report of a rule entitled ‘‘Airworthi- EC–7385. A communication from the Man- planes’’ ((RIN2120–AA64) (Docket No. FAA– ness Directives; Bell Helicopter Textron Can- agement and Program Analyst, Federal 2016–3992)) received during adjournment of ada Helicopters’’ ((RIN2120–AA64) (Docket Aviation Administration, Department of the Senate in the Office of the President of No. FAA–2016–6551)) received during adjourn- Transportation, transmitting, pursuant to the Senate on October 13, 2016; to the Com- ment of the Senate in the Office of the Presi- law, the report of a rule entitled ‘‘Airworthi- mittee on Commerce, Science, and Transpor- dent of the Senate on October 21, 2016; to the ness Directives; Airbus Airplanes’’ ((RIN2120– tation. Committee on Commerce, Science, and AA64) (Docket No. FAA–2016–5039)) received f Transportation. during adjournment of the Senate in the Of- EC–7378. A communication from the Man- fice of the President of the Senate on Octo- PETITIONS AND MEMORIALS agement and Program Analyst, Federal ber 13, 2016; to the Committee on Commerce, The following petitions and memo- Aviation Administration, Department of Science, and Transportation. rials were laid before the Senate and Transportation, transmitting, pursuant to EC–7386. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal were referred or ordered to lie on the ness Directives; Airbus Helicopters’’ Aviation Administration, Department of table as indicated: ((RIN2120–AA64) (Docket No. FAA–2016–9168)) Transportation, transmitting, pursuant to POM–208. A resolution adopted by the Sen- received during adjournment of the Senate law, the report of a rule entitled ‘‘Airworthi- ate of the State of Texas expressing support in the Office of the President of the Senate ness Directives; Airbus Airplanes’’ ((RIN2120– for the study and regulation of modern agri- on October 13, 2016; to the Committee on AA64) (Docket No. FAA–2013–0828)) received cultural technologies and expressing opposi- Commerce, Science, and Transportation. during adjournment of the Senate in the Of- tion to regulatory action that results in un- EC–7379. A communication from the Man- fice of the President of the Senate on Octo- necessary restrictions on the use of modern agement and Program Analyst, Federal ber 13, 2016; to the Committee on Commerce, agricultural technologies; to the Committee Aviation Administration, Department of Science, and Transportation. on Agriculture, Nutrition, and Forestry. Transportation, transmitting, pursuant to EC–7387. A communication from the Man- SENATE RESOLUTION NO. 642 law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal Whereas, A sustainable agricultural sys- ness Directives; General Electric Company Aviation Administration, Department of tem is crucial to the continued production of Turbofan Engines’’ ((RIN2120–AA64) (Docket Transportation, transmitting, pursuant to food, feed, and fiber to meet both domestic No. FAA–2016–5872)) received during adjourn- law, the report of a rule entitled ‘‘Airworthi- and global demand; and ment of the Senate in the Office of the Presi- ness Directives; Gulfstream Aerospace Cor- Whereas, In the United States, the agri- dent of the Senate on October 21, 2016; to the poration Airplanes’’ ((RIN2120–AA64) (Docket culture and production industries employ Committee on Commerce, Science, and No. FAA–2016–9116)) received during adjourn- precision farming equipment, protection Transportation. ment of the Senate in the Office of the Presi- chemistries, genetic engineering or enhance- EC–7380. A communication from the Man- dent of the Senate on October 13, 2016; to the ment, agricultural nutrients and other mod- agement and Program Analyst, Federal Committee on Commerce, Science, and ern technologies; such advanced practices Aviation Administration, Department of Transportation. protect the safety of the public an environ- Transportation, transmitting, pursuant to EC–7388. A communication from the Man- mental impact while expanding yields im- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal proving profitability, and ensuring an abun- ness Directives; General Electric Company Aviation Administration, Department of dant and afford supply; and Turbofan Engines’’ ((RIN2120–AA64) (Docket Transportation, transmitting, pursuant to Whereas, Agricultural pests present sig- No. FAA–2016–5307)) received during adjourn- law, the report of a rule entitled ‘‘Airworthi- nificant dangers to the industry and to glob- ment of the Senate in the Office of the Presi- ness Directives; The Boeing Company Air- al supplies of the products, they attack; ac- dent of the Senate on October 13, 2016; to the planes’’ ((RIN2120–AA64) (Docket No. FAA– cordingly, the environmental risks of for- Committee on Commerce, Science, and 2016–3703)) received during adjournment of going advances in agricultural technologies Transportation. the Senate in the Office of the President of that protect crops are severe; excessive regu- EC–7381. A communication from the Man- the Senate on October 21, 2016; to the Com- lation may scuttle or discourage the use of agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- agricultural chemicals that could improve Aviation Administration, Department of tation. human welfare; Transportation, transmitting, pursuant to EC–7389. A communication from the Man- Whereas, Crop protection is among the law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal most studied and highly regulated of all in- ness Directives; REIMS AVIATION S.A. Air- Aviation Administration, Department of dustries, at both the state and federal levels; planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation, transmitting, pursuant to the use of sound science should be the bed- 2016–8161)) received during adjournment of law, the report of a rule entitled ‘‘Airworthi- rock of our nation’s regulatory scheme for the Senate in the Office of the President of ness Directives; The Boeing Company Air- the agriculture and food production indus- the Senate on October 13, 2016; to the Com- planes’’ ((RIN2120–AA64) (Docket No. FAA– tries, as these industries are critical to the mittee on Commerce, Science, and Transpor- 2016–5042)) received during adjournment of economic vitality of Texas and the United tation. the Senate in the Office of the President of States; now, therefore, be it EC–7382. A communication from the Man- the Senate on October 21, 2016; to the Com- Resolved, That the Senate of the State of agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- Texas, 84th Legislature, hereby express sup- Aviation Administration, Department of tation. port for the use of sound science to study and Transportation, transmitting, pursuant to EC–7390. A communication from the Man- regulate such modern agricultural tech- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal nologies as crop protection chemistries, ge- ness Directives; Airbus Airplanes’’ ((RIN2120– Aviation Administration, Department of netically engineered or enhanced traits, and AA64) (Docket No. FAA–2015–8470)) received Transportation, transmitting, pursuant to nutrients; and, be it further during adjournment of the Senate in the Of- law, the report of a rule entitled ‘‘Airworthi- Resolved, That the senate express opposi- fice of the President of the Senate on Octo- ness Directives; The Boeing Company Air- tion to legislative or regulatory action at ber 21, 2016; to the Committee on Commerce, planes’’ ((RIN2120–AA64) (Docket No. FAA– any level that may result in unnecessary re- Science, and Transportation. 2015–0935)) received during adjournment of strictions on the use of modern agricultural EC–7383. A communication from the Man- the Senate in the Office of the President of technologies; and, be it further agement and Program Analyst, Federal the Senate on October 13, 2016; to the Com- Resolved, That the Senate of the State for- Aviation Administration, Department of mittee on Commerce, Science, and Transpor- ward official copies of this resolution to the Transportation, transmitting, pursuant to tation. president of the United States, to the presi- law, the report of a rule entitled ‘‘Airworthi- EC–7391. A communication from the Man- dent of the Senate and the speaker of the ness Directives; Airbus Airplanes’’ ((RIN2120– agement and Program Analyst, Federal House of Representatives of the United AA64) (Docket No. FAA–2016–6418)) received Aviation Administration, Department of States Congress, and to all the members of during adjournment of the Senate in the Of- Transportation, transmitting, pursuant to the Texas delegation to Congress with the fice of the President of the Senate on Octo- law, the report of a rule entitled ‘‘Airworthi- request that this resolution be entered in the ber 21, 2016; to the Committee on Commerce, ness Directives; The Boeing Company Air- Congressional Record as a memorial to the Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– Congress of the United States of America. EC–7384. A communication from the Man- 2011–1068)) received during adjournment of agement and Program Analyst, Federal the Senate in the Office of the President of POM–209. A concurrent resolution adopted Aviation Administration, Department of the Senate on October 13, 2016; to the Com- by the Legislature of the State of Louisiana

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.054 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6353 memorializing the United States Congress to Whereas, because Louisiana is losing more est trading partner of the United States take such actions as are necessary to rectify coastal wetlands than any other state in the while the United States is Taiwan’s largest the revenue sharing inequalities between country, in 2006 the people of Louisiana over- foreign investor; and coastal and interior energy producing states; whelmingly approved a constitutional Whereas, Taiwan has been a member of the to the Committee on Energy and Natural Re- amendment dedicating revenues received United States Visa Waiver Program since sources. from Outer Continental Shelf oil and gas ac- November 1, 2012, reflecting the cooperation HOUSE CONCURRENT RESOLUTION NO. 66 tivity to the Coastal Protection and Restora- between the United States and Taiwan and Whereas, since 1920, interior states have tion Fund for the purposes of coastal protec- making travel for business and tourism more been allowed to keep fifty percent of the oil, tion, including conservation, coastal restora- convenient; and gas, and coal production revenues generated tion, hurricane protection, and infrastruc- Whereas, Taiwan has made significant con- in their states from mineral production on ture directly impacted by coastal wetland tributions toward peace in the region federal lands within their borders, including losses; and through discussions regarding the use of re- royalties, severance taxes, and bonuses; and Whereas, the state of Louisiana has devel- sources in the surrounding seas; and Whereas, coastal states with onshore and oped a science-based ‘‘Comprehensive Master Whereas, Taiwan is a key transport hub in offshore oil and gas production face inequi- Plan for a Sustainable Coast’’ which identi- the Asia-Pacific region and has jurisdiction ties under the federal energy policies be- fies and prioritizes the most efficient and ef- over the 176,000 square nautical miles of the cause those coastal states have not been fective projects in order to meet the state’s Taipei Flight Information region and has at- party to this same level of revenue sharing critical coastal protection and restoration tended the International Civil Aviation Or- partnership with the federal government; needs; and ganization, ICAO, assembly as a special and Whereas, the Coastal Protection and Res- guest since 2013; and Whereas, coastal energy producing states toration Authority is making great progress Whereas, Taiwan is committed to ICAO have a limited partnership with the federal implementing the projects in the ‘‘Com- standards and seeks to expand its meaning- government that provides for them to retain prehensive Master Plan for a Sustainable ful participation in the ICAO including at- very little revenue generated from their off- Coast’’ with all available funding, projects tending technical and regional meetings and shore energy production, energy that is pro- that are essential to the protection of the in- related activities; and duced for use throughout the nation; and frastructure that is critical to the energy Whereas, Taiwan strives to be included in Whereas, in 2006 congress passed the Gulf needs of the United States; and the work of the United Nations Framework of Mexico Energy Security Act (GOMESA) Whereas, in order to properly compensate Convention on Climate Change and has ex- that will fully go into effect in 2017; an act the coastal states for the infrastructure de- pressed a keen interest in the global effort to that calls for a sharing of thirty-seven and mands that result from production of energy address climate change; Now therefore be it, five tenths percent of coastal production rev- and fuels that heat and cool the nation’s Resolved, That the Massachusetts General enues with four gulf states with a cap of five homes, offices, and businesses and fuel the Court hereby reaffirms the friendship be- hundred million dollars per year; and nation’s transportation needs, revenue shar- tween the Commonwealth and Taiwan; and Whereas, the Fixing America’s Inequities ing for coastal states needs to be at the same be it further with Revenues (FAIR) Act would have ad- rate as interior states that produce oil, gas, Resolved, That a copy of these resolutions dressed the inequity suffered by coastal oil and coal. Therefore, be it be transmitted forthwith by the clerk of the and gas producing states by accelerating the Resolved That the Legislature of Louisiana Senate to the President of the United States, implementation of GOMESA as well as by does hereby memorialize the United States to the Presiding Officer of each branch of gradually lifting all revenue sharing caps but Congress to take such actions as are nec- Congress and the members thereof from the the legislation died with the close of the pre- essary to treat mineral and gas production Commonwealth, to the Honorable Charles D. vious congress; and in the Gulf Coastal states in a manner that Baker, Governor of the Commonwealth, to Whereas, with the state and its offshore is at least equal to onshore oil, gas, and coal the Honorable Ma Ying-Jeou, President of waters taken alone, Louisiana is the ninth production in interior states for revenue pur- Taiwan and Scott Lai, Director-General of largest producer of oil in the United States poses; and to rectify the revenue sharing in- the Taipei Economic and Cultural Office in in 2014 while including offshore oil from fed- equities between coastal and interior energy the city of Boston. eral waters, it was the second largest oil pro- producing states in order to address the na- ducer in the country; and when taken alone tionally significant crisis of wetland loss in POM–211. A joint resolution adopted by the Louisiana was the fourth largest producer of the state of Louisiana. Be it further General Assembly of the State of Colorado gas in the United States in 2013 while includ- Resolved That a copy of this Resolution be concerning atrocities against Christians and ing the Gulf of Mexico waters, it was the sec- transmitted to the presiding officers of the other ethnic and religious minorities; to the ond largest producer in the United States; Senate and the House of Representatives of Committee on Foreign Relations. and the Congress of the United States of America HOUSE JOINT RESOLUTION 16–1913 Whereas, with nineteen operating refin- and to each member of the Louisiana con- Whereas, Those who commit or support eries in the state, Louisiana was second only gressional delegation. to Texas as of January 2014 in both total and atrocities against Christians and other eth- operating refinery capacity, accounting for nic and religious minorities, including POM–210. A resolution adopted by the Leg- Yezidis, Turkmen, Sabean-Mandeans, nearly one-fifth of the nation’s total refining islature of the Commonwealth of Massachu- capacity; and Kaka’e, Shi’a, and Kurds, and who target setts supporting the friendship between Mas- them specifically for ethnic or religious rea- Whereas, Louisiana’s contributions to the sachusetts and Taiwan in the international United States Strategic Petroleum Reserve sons, intend to exterminate or to force the community; to the Committee on Foreign migration or submission of anyone who does with two facilities located in the state con- Relations. sisting of twenty-nine caverns capable of not share their views concerning religion; RESOLUTIONS holding nearly three hundred million barrels and of crude oil; and Whereas, the United States and Taiwan Whereas, Christians and other ethnic and Whereas, with three onshore liquified nat- share an important relationship supported religious minorities have been an integral ural gas facilities, more than any other state by common values of freedom, democracy, part of the cultural fabric of the Middle East in the country, and the Louisiana Offshore rule of law and a free market economy; and for millennia; and Oil Port, the nation’s only deepwater oil Whereas, President Ma Ying-Jeou has Whereas, Christians and other ethnic and port, Louisiana plays an essential role in the worked to uphold democratic principles in religious minorities have been murdered; movement of natural gas from the United Taiwan, ensure the prosperity of Taiwan’s subjugated; forced to emigrate; and have suf- States Gulf Coast region to markets more than 23 million people, promote Tai- fered grievous bodily and psychological throughout the country; and wan’s international standing and improve re- harm, including sexual enslavement and Whereas, it is apparent that Louisiana lations between the United States and Tai- abuse, inflicted in a deliberate and cal- plays an essential role in supplying the na- wan; and culated manner in violation of the laws of tion with energy and it is vital to the secu- Whereas, the Commonwealth has enjoyed a their respective nations, the laws of war, rity of our nation’s energy supply, roles that close friendship with Taiwan, marked by laws and treaties forbidding crimes against should be recognized and compensated at an strong bilateral trade, educational and cul- humanity, and the United Nations Conven- appropriate revenue sharing level; and tural exchange, scientific and technological tion on the Prevention and Punishment of Whereas, the majority of the oil and gas development and tourism; and the Crime of Genocide, signed in Paris on De- production from the Gulf of Mexico enters Whereas, New England has exported more cember 9, 1948 (the Convention); and the United States through coastal Louisiana than $1 billion in goods to Taiwan of which Whereas, These atrocities are undertaken with all of the infrastructure necessary to the Commonwealth exported $825 million in with the specific intent to bring about the receive and transport such production, infra- commodities, mostly in machinery, com- eradication and displacement of their com- structure that has for many decades dam- puter and electronic products and chemicals; munities and the destruction of their cul- aged the coastal areas of Louisiana, an im- and tural heritage in violation of local laws, the pact that should be compensated through ap- Whereas, the United States has maintained laws of war, laws and treaties that punish propriate revenue sharing with the federal and developed its commercial ties with Tai- crimes against humanity, and the Conven- government; and wan since 1979 and Taiwan is the tenth larg- tion; and

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.018 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6354 CONGRESSIONAL RECORD — SENATE November 15, 2016 Whereas, Local, national, and inter- ful names—‘‘crimes against humanity’’, lack of a clear, uniform, and sensible na- national laws and treaties, as well as the ‘‘war crimes’’, and ‘‘genocide’’; and tional reform; and Convention, condemn murder, massacre, (4) The United Nations and the United Na- Whereas, it is in the interest of all who re- forced migration, extrajudicial punishment, tions Secretary-General should assert lead- side in the Commonwealth to ensure that kidnapping, slavery, human trafficking, tor- ership by calling the atrocities being com- our existing laws are enforced and not under- ture, rape, and persecution of individuals mitted in these places by their rightful cut by neighboring states; Now therefore be based upon their religion, and these crimes names—‘‘war crimes’’, ‘‘crimes against hu- it shall be punished, whether they are com- manity’’, and ‘‘genocide’’; and Resolved, That the Massachusetts Senate mitted by constitutionally responsible rul- (5) The member states of the United Na- calls upon the leadership of the United ers, public officials, or private individuals; tions, with an urgent appeal to the Arab States House of Representatives and the and States that wish to uphold religious freedom, United States Senate to carefully examine Whereas, Article I of the Convention and tolerance, and justice: and consider for adoption the model set forth international and local laws confirm that (A) Should join in this resolution; in current Massachusetts firearms law; and genocide and crimes against humanity, (B) Should collaborate on measures to pre- be it further whether committed in time of peace or in vent further war crimes, crimes against hu- Resolved, That a copy of these resolutions time of war, are crimes that governmental manity, and genocide; and be transmitted forthwith by the Clerk of the authorities are obligated to prevent and to (C) Should collaborate on the establish- Senate to the Speaker and Minority Leader punish; and ment and operation of domestic, regional, of the United States House of Representa- Whereas, Article II of the Convention de- and international tribunals to punish those tives, to the Majority Leader and Minority clares that ‘‘genocide means any of the fol- responsible for the ongoing crimes; and Leader of the United States Senate and to lowing acts committed with intent to de- (6) The governments of the Kurdistan Re- the Massachusetts Congressional Delegation. stroy, in whole or in part, a national, eth- gion of Iraq, the Hashemite Kingdom of Jor- nical, racial or religious group, as such: (a) dan, the Lebanese Republic, and other coun- POM–213. A joint resolution adopted by the Killing members of the group; (b) Causing se- tries, including Turkey, Greece, the United Legislature of the State of Oklahoma urging rious bodily or mental harm to members of States of America, and the member states of the Congress of the United States, pursuant the group; (c) Deliberately inflicting on the the European Union, are commended for hav- to Article V of the United States Constitu- group conditions of life calculated to bring ing sheltered and protected those fleeing the tion, to call a convention of the states for about its physical destruction in whole or in violence of ISIS (Daesh) and other extrem- the purpose of proposing amendments to the part; (d) Imposing measures intended to pre- ists until they can safely return to their United States Constitution related to bal- vent births within the group; [and] (e) Forc- homes in Iraq and Syria; and ancing the federal budget, imposing fiscal re- ibly transferring children of the group to an- (7) All those who force the migration of re- straints on the federal government, limiting other group’’; and ligious communities from their ancestral the power and jurisdiction of the federal gov- Whereas, Article III of the Convention af- homelands, where they have lived and prac- ernment, and limiting the terms of office for firms that ‘‘the following acts shall be pun- ticed their faith in safety and stability for its officials and for members of Congress; to ishable: (a) Genocide; (b) Conspiracy to com- hundreds of years—including specifically the the Committee on the Judiciary. mit genocide; (c) Direct and public incite- Nineveh Plain, a historic heartland of Chris- SENATE JOINT RESOLUTION NO. 4 ment to commit genocide; (d) Attempt to tianity in Iraq, and Mount Sinjar, the his- Whereas, the founders of the Constitution commit genocide; [and] (e) Complicity in toric home of the Yezidis—should be tracked, of the United States, through the enactment genocide’’; and sanctioned, arrested, prosecuted, and pun- of Article V, empowered state legislators to Whereas, A March 13, 2015, report of the ished in accordance with the laws of the be guardians of liberty against future abuses United Nations Committee on Human Rights place where their crimes were committed of power by the federal government; and prepared at the request of the Government of and under applicable international criminal Whereas, the federal government has cre- Iraq stated ‘‘[e]thnic and religious groups statutes and conventions. Be It Further ated a crushing national debt through im- targeted by ISIL include Yezidis, Christians, Resolved, That copies of this Joint Resolu- proper and imprudent spending; and Turkmen, Sabean-Mandeans, Kaka’e, Kurds tion be sent to President Barack Obama; Whereas, the federal government has in- and Shi’a’’ and that ‘‘[i]t is reasonable to Vice President Joe Biden; Mitch McConnell, vaded the legitimate roles of the states conclude that some of the incidents [in Iraq Majority Leader, United States Senate; through the manipulative process of federal in 2014–2015] . . . may constitute genocide’’; Harry Reid, Minority Leader, United States mandates, most of which are unfunded to a and Senate; Paul Ryan, Speaker, United States great extent; and Whereas, Attacks on Yezidis included the House of Representatives; Kevin McCarthy, Whereas, the federal government has mass killing of men and boys and the en- Majority Leader, United States House of ceased to live under a proper interpretation slavement and forcible transfer of women Representatives; Nancy Pelosi, Minority of the Constitution of the United States; and and children; and Leader, United States House of Representa- Whereas, it is the solemn duty of the Whereas, On July 10, 2015, Pope Francis, tives; Colorado’s congressional delegation; states to protect the liberty of our people, Supreme Pontiff of the Roman Catholic the Syrian American Council; the African particularly for the generations to come, by Church, declared that Middle Eastern Chris- Community Center of Denver; Lutheran proposing amendments to the Constitution tians are facing genocide, a reality that Family Services; the Colorado Coalition for of the United States through a convention of must be ‘‘denounced’’, and that ‘‘[i]n this Genocide Awareness and Action; the Con- the states under Article V of the United third world war, waged piecemeal, which we gressional Prayer Caucus Foundation; the States Constitution to place clear restraints are now experiencing, a form of genocide is St. Rafka Mission of Hope and Mercy; former on these and related abuses of power; and taking place, and it must end’’; now, there- Colorado State Senator Thomas J. Wiens; Whereas, the citizens of the State of Okla- fore, Be It Peter Boyles; and Father Andre Y. Mahanna. Resolved by the House of Representatives homa believe that it is in the best interest of the people of the United States to amend the of the Seventieth General Assembly of the POM–212. A resolution adopted by the Sen- United States Constitution in order to adopt State of Colorado, the Senate concurring ate of the Commonwealth of Massachusetts a balanced budget amendment and to address herein: calling on the United States Congress to con- the areas of overreach of the federal govern- That we, the members of the General As- sider nationwide adoption of Massachusetts ment; and sembly, find that: firearms laws; to the Committee on the Judi- Whereas, as early as 1976, the Thirty-fifth (1) The atrocities committed against Chris- ciary. tians and other ethnic and religious minori- Oklahoma Legislature enacted House Joint ties who are targeted specifically for reli- RESOLUTIONS Resolution No. 1049, calling for an Article V gious reasons constitute, and are hereby de- Whereas, on the most recent scorecard of Convention for the purpose of preparing and clared to be, crimes against humanity and state gun laws prepared by the Law Center submitting to the states an amendment ‘‘re- genocide; and to prevent gun violence, the Commonwealth quiring in the absence of a national emer- (2) Each of the contracting parties to the received the highest letter grade awarded, an gency that the total of all federal appropria- United Nations Convention on the Preven- A-, and ranked fifth overall in the country; tions made by the Congress for any fiscal tion and Punishment of the Crime of Geno- and year may not exceed the total of all esti- cide, signed in Paris on December 9, 1948, and Whereas, the Violence Policy Center re- mated federal revenue for that fiscal year’’; to other international agreements forbidding ports that the Commonwealth has the third and war crimes and crimes against humanity, lowest gun death rate in the nation; and Whereas, the Thirty-fifth Oklahoma Legis- particularly the governments of countries Whereas, shootings in Orlando, Florida, lature acknowledged in House Joint Resolu- and their nationals who are in any way sup- Charleston, South Carolina, Newtown, Con- tion No. 1049 the critical need for a federal porting these crimes, are reminded of their necticut and Aurora, Colorado have sparked balanced budget amendment with the pro- legal obligations under the Convention and a national debate on gun violence preven- phetic statement ‘‘believing that fiscal irre- those international agreements; and tion; and sponsibility at the federal level, with the in- (3) Every government and multinational Whereas, progress by the Commonwealth flation which results from this policy, is the body should call the atrocities being com- to reduce gun deaths is unsupported by greatest threat which faces our nation, we mitted in the name of religion by their right- states with less rigorous standards and by a firmly believe that constitutional restraint

VerDate Sep 11 2014 06:27 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.015 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6355 is necessary to bring the fiscal discipline Section 8. The Secretary of State is hereby integrating coastal data with decision-sup- needed to restore fiscal responsibility’’; and directed to transmit copies of this applica- port tools, training, and best practices and Whereas, pursuant to the provisions of Ar- tion to the President and Secretary of the to support collection of priority coastal ticle V of the Constitution of the United United States Senate and to the Speaker and geospatial data to inform and improve local, States, each state may request Congress to Clerk of the United States House of Rep- State, regional, and Federal capacities to provide for a convention to propose amend- resentatives, to transmit copies to the mem- manage the coastal region, and for other ments. Now, therefore, be it bers of the United States Senate and United purposes (Rept. No. 114–369). Resolved by the Senate and the House of States House of Representatives from this S. 1551. A bill to provide for certain re- Representatives of the 2nd Session of the state, and to transmit copies hereof to the quirements relating to the Internet Assigned 55th Oklahoma Legislature: presiding officers of each of the legislative Numbers Authority stewardship transition. Section 1. The Oklahoma Legislature here- houses in the several states, requesting their f by makes two separate applications to Con- cooperation. gress, under the provisions of Article V of Section 9. This application constitutes a REPORTS OF COMMITTEES the Constitution of the United States. The continuing application in accordance with The following reports of committees first such application is set forth in Sections Article V of the Constitution of the United were submitted: 2 through 5 of this resolution. The second States until the legislatures of at least two- such application is set forth in Sections 6 By Mr. THUNE, from the Committee on thirds (2⁄3) of the several states have made through 9 of this resolution. Commerce, Science, and Transportation, Section 2. The Oklahoma Legislature here- applications on the same subject, or until without amendment: by applies to Congress, under the provisions December 31, 2023, whichever occurs earlier. S. 1490. A bill to establish an advisory of- of Article V of the Constitution of the fice within the Bureau of Consumer Protec- United States, for the calling of a convention POM–214. A resolution adopted by the tion of the Federal Trade Commission to pre- of the states limited to proposing an amend- Mayor and City Commission of the City of vent fraud targeting seniors, and for other ment to the Constitution of the United Miami Beach, Florida, urging the United purposes (Rept. No. 114–370). States requiring that in the absence of a na- States Food and Drug Administration (FDA) By Mr. THUNE, from the Committee on tional emergency the total of all federal ap- to repeal its prohibition on men who have Commerce, Science, and Transportation, propriations made by the Congress for any had sex with men within 12 months from do- with an amendment in the nature of a sub- fiscal year may not exceed the total of all es- nating blood; to the Committee on Health, stitute: S. 2219. A bill to require the Secretary of timated federal revenues for that fiscal year, Education, Labor, and Pensions. Commerce to conduct an assessment and together with any related and appropriate POM–215. A petition from a citizen of the analysis of the outdoor recreation economy fiscal restraints. State of Texas relative to an amendment to Section 3. The Secretary of State is hereby the United States Constitution; to the Com- of the United States, and for other purposes directed to transmit copies of this applica- mittee on the Judiciary. (Rept. No. 114–371). S. 3088. A bill to provide a deadline for tion to the President and Secretary of the f compliance with an alternate safety compli- United States Senate, the Speaker and Clerk ance program and for other purposes (Rept. of the United States House of Representa- REPORTS OF COMMITTEES DURING No. 114–372). tives and members of the United States Sen- ADJOURNMENT By Mr. BARRASSO, from the Committee ate and House of Representatives from this Under the authority of the order of on Indian Affairs, without amendment: state; also to transmit copies hereof to the S. 2564. A bill to modernize prior legisla- presiding officers of the legislative houses in the Senate of September 29, 2016, the following reports of committees were tion relating to Dine College (Rept. No. 114– several states, requesting their cooperation. 373). Section 4. This application is to be consid- submitted on October 27, 2016: f ered as covering the same subject matter as By Mr. JOHNSON, from the Committee on the presently outstanding balanced budget Homeland Security and Governmental Af- INTRODUCTION OF BILLS AND applications from other states, including, fairs, with an amendment in the nature of a JOINT RESOLUTIONS but not limited to, previously adopted appli- substitute: The following bills and joint resolu- cations from Alabama, Alaska, Arkansas, S. 2418. A bill to authorize the Secretary of Colorado, Delaware, Florida, Georgia, Indi- Homeland Security to establish university tions were introduced, read the first ana, Iowa, Kansas, Louisiana, Maryland, labs for student-developed technology-based and second times by unanimous con- Michigan, Mississippi, Missouri, Nebraska, solutions for countering online recruitment sent, and referred as indicated: Nevada, New Hampshire, New Mexico, North of violent extremists (Rept. No. 114–365). By Ms. STABENOW (for herself and Carolina, North Dakota, Ohio, Pennsylvania, S. 1526. A bill to amend title 10 and title 41, Mr. PETERS): South Dakota, Tennessee, Texas, Utah and United States Code, to improve the manner S. 2. A bill to authorize the award of the West Virginia; and this application shall be in which Federal contracts for construction Medal of Honor to James C. McCloughan for aggregated with same for the purpose of at- and design services are awarded, to prohibit acts of valor during the Vietnam War; to the taining the two-thirds (2⁄3) of states nec- the use of reverse auctions for design and Committee on Armed Services. essary to require the calling of a convention, construction services procurements, to By Mrs. CAPITO: but shall not be aggregated with any applica- amend title 31 and 41, United States Code, to S. 3. A bill to amend the Internal Revenue tions on any other subject. Code of 1986 to provide additional new mar- Section 5. This application constitutes a improve the payment protections available kets tax credits for distressed coal commu- continuing application in accordance with to construction contractors, subcontractors, nities; to the Committee on Finance. Article V of the Constitution of the United and suppliers for work performed, and for By Mr. BOOZMAN (for himself, Mr. States until the legislatures of at least two- other purposes (Rept. No. 114–366). By Mr. THUNE, from the Committee on DONNELLY, Mrs. CAPITO, Mr. COTTON, thirds (2⁄3) of the several states have made Mr. KING, Mr. TILLIS, Mr. WICKER, applications on the same subject, or until Commerce, Science, and Transportation, Mr. KIRK, Ms. AYOTTE, Mr. INHOFE, December 31, 2023, whichever occurs earlier. without amendment: Mr. HATCH, and Mr. BURR): It supersedes all previous applications by S. 1717. A bill to amend title 46, United States Code, to exempt old vessels that only S.J. Res. 40. A joint resolution approving this Legislature on the same subject. the location of a memorial to commemorate Section 6. The Legislature of the State of operate within inland waterways from the and honor the members of the Armed Forces Oklahoma hereby applies to Congress, under fire-retardant materials requirement if the that served on active duty in support of Op- the provisions of Article V of the Constitu- owners of such vessels make annual struc- eration Desert Storm or Operation Desert tion of the United States, for the calling of tural alterations to at least 10 percent of the Shield; to the Committee on Energy and a convention of the states limited to pro- areas of the vessels that are not constructed Natural Resources. posing amendments to the United States of fire-retardant materials (Rept. No. 114– By Mrs. BOXER (for herself and Mrs. Constitution that impose fiscal restraints on 367). FEINSTEIN): the federal government, limit the power and S. 1916. A bill to include skilled nursing fa- S.J. Res. 41. A joint resolution proposing jurisdiction of the federal government, and cilities as a type of health care provider an amendment to the Constitution of the under section 254(h) of the Communications limit the terms of office for its officials and United States to abolish the electoral col- Act of 1934 (Rept. No. 114–368). for members of Congress. lege and to provide for the direct popular Section 7. This application shall be aggre- By Mr. THUNE, from the Committee on election of the President and Vice President gated with the applications of Georgia Commerce, Science, and Transportation, of the United States; to the Committee on (SR736, 2014), Florida (SM476, 2014), Alaska with an amendment in the nature of a sub- the Judiciary. (HJR22, 2014), Alabama (HJR112, 2015), Ten- stitute: nessee (SJR67, 2016) and Indiana (SJR14, 2016) S. 2325. A bill to require the Secretary of f together with any future applications for a Commerce, acting through the Adminis- ADDITIONAL COSPONSORS convention for the specific and exclusive trator of the National Oceanic and Atmos- purpose of proposing amendments to the pheric Administration, to establish a con- S. 217 Constitution of the United States limited to stituent-driven program to provide a digital At the request of Mr. BLUMENTHAL, the purposes stated herein. information platform capable of efficiently the name of the Senator from Maine

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.024 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6356 CONGRESSIONAL RECORD — SENATE November 15, 2016 (Mr. KING) was added as a cosponsor of S. 1302 sor of S. 2253, a bill to amend title 38, S. 217, a bill to protect a woman’s right At the request of Mr. TESTER, the United States Code, to provide vet- to determine whether and when to bear names of the Senator from North Da- erans affected by closures of edu- a child or end a pregnancy by limiting kota (Ms. HEITKAMP) and the Senator cational institutions certain relief and restrictions on the provision of abor- from Maryland (Mr. CARDIN) were restoration of educational benefits, and tion services. added as cosponsors of S. 1302, a bill to for other purposes. S. 578 amend the Family and Medical Leave S. 2275 At the request of Ms. COLLINS, the Act of 1993 to provide leave because of At the request of Ms. KLOBUCHAR, the name of the Senator from Idaho (Mr. the death of a son or daughter. name of the Senator from Washington RISCH) was added as a cosponsor of S. S. 1512 (Mrs. MURRAY) was added as a cospon- 578, a bill to amend title XVIII of the At the request of Mr. CASEY, the sor of S. 2275, a bill to provide for auto- Social Security Act to ensure more name of the Senator from Maryland matic acquisition of United States citi- timely access to home health services (Mr. CARDIN) was added as a cosponsor zenship for certain internationally for Medicare beneficiaries under the of S. 1512, a bill to eliminate discrimi- adopted individuals, and for other pur- Medicare program. nation and promote women’s health poses. S. 624 and economic security by ensuring rea- S. 2332 At the request of Mr. BROWN, the sonable workplace accommodations for At the request of Mr. SCHUMER, the name of the Senator from Minnesota workers whose ability to perform the name of the Senator from Rhode Island (Mr. FRANKEN) was added as a cospon- functions of a job are limited by preg- (Mr. REED) was added as a cosponsor of sor of S. 624, a bill to amend title XVIII nancy, childbirth, or a related medical S. 2332, a bill to amend the National of the Social Security Act to waive co- condition. Child Protection Act of 1993 to estab- insurance under Medicare for S. 1679 lish a permanent background check colorectal cancer screening tests, re- At the request of Mr. HELLER, the system. gardless of whether therapeutic inter- name of the Senator from Kentucky S. 2346 vention is required during the screen- (Mr. PAUL) was added as a cosponsor of At the request of Mr. NELSON, the ing. S. 1679, a bill to amend the Flood Dis- name of the Senator from Texas (Mr. S. 689 aster Protection Act of 1973 to require CORNYN) was added as a cosponsor of S. At the request of Mr. THUNE, the that certain buildings and personal 2346, a bill to amend the Internal Rev- name of the Senator from Rhode Island property be covered by flood insurance, enue Code of 1986 to temporarily allow (Mr. WHITEHOUSE) was added as a co- and for other purposes. expensing of certain costs of replanting sponsor of S. 689, a bill to provide pro- S. 1715 citrus plants lost by reason of cas- tections for certain sports medicine At the request of Mr. HOEVEN, the ualty. professionals who provide certain med- name of the Senator from Hawaii (Mr. S. 2424 ical services in a secondary State. SCHATZ) was added as a cosponsor of S. At the request of Mr. PORTMAN, the S. 987 1715, a bill to require the Secretary of name of the Senator from Texas (Mr. At the request of Mr. WYDEN, the the Treasury to mint coins in com- CORNYN) was added as a cosponsor of S. name of the Senator from Connecticut memoration of the 400th anniversary of 2424, a bill to amend the Public Health (Mr. MURPHY) was added as a cosponsor the arrival of the Pilgrims. Service Act to reauthorize a program of S. 987, a bill to amend the Internal S. 2031 for early detection, diagnosis, and Revenue Code of 1986 to allow deduc- At the request of Mr. BARRASSO, the treatment regarding deaf and hard-of- tions and credits relating to expendi- name of the Senator from Texas (Mr. hearing newborns, infants, and young tures in connection with marijuana CORNYN) was added as a cosponsor of S. children. sales conducted in compliance with 2031, a bill to reduce temporarily the S. 2427 State law. royalty required to be paid for sodium At the request of Mr. SCHUMER, the S. 1010 produced on Federal lands, and for name of the Senator from Wisconsin At the request of Mr. MANCHIN, the other purposes. (Ms. BALDWIN) was added as a cospon- name of the Senator from South Caro- S. 2033 sor of S. 2427, a bill to prohibit dis- lina (Mr. SCOTT) was added as a cospon- At the request of Mr. SCHATZ, the crimination against individuals with sor of S. 1010, a bill to amend the Secu- name of the Senator from Maryland disabilities who need long-term serv- rities Exchange Act of 1934 to exempt (Mr. CARDIN) was added as a cosponsor ices and supports, and for other pur- from registration brokers performing of S. 2033, a bill to provide that 6 of the poses. services in connection with the trans- 12 weeks of parental leave made avail- S. 2595 fer of ownership of smaller privately able to a Federal employee shall be At the request of Mr. CRAPO, the held companies. paid leave, and for other purposes. names of the Senator from Massachu- S. 1085 S. 2175 setts (Ms. WARREN) and the Senator At the request of Mrs. MURRAY, the At the request of Mr. TESTER, the from West Virginia (Mrs. CAPITO) were name of the Senator from Maryland name of the Senator from Michigan added as cosponsors of S. 2595, a bill to (Mr. CARDIN) was added as a cosponsor (Mr. PETERS) was added as a cosponsor amend the Internal Revenue Code of of S. 1085, a bill to expand eligibility of S. 2175, a bill to amend title 38, 1986 to permanently extend the rail- for the program of comprehensive as- United States Code, to clarify the role road track maintenance credit. sistance for family caregivers of the of podiatrists in the Department of S. 2679 Department of Veterans Affairs, to ex- Veterans Affairs, and for other pur- At the request of Ms. KLOBUCHAR, the pand benefits available to participants poses. name of the Senator from Ohio (Mr. under such program, to enhance special S. 2216 BROWN) was added as a cosponsor of S. compensation for members of the uni- At the request of Ms. COLLINS, the 2679, a bill to amend title 38, United formed services who require assistance name of the Senator from Arizona (Mr. States Code, to direct the Secretary of in everyday life, and for other pur- FLAKE) was added as a cosponsor of S. Veterans Affairs to establish within poses. 2216, a bill to provide immunity from the Department of Veterans Affairs a S. 1139 suit for certain individuals who dis- center of excellence in the prevention, At the request of Ms. KLOBUCHAR, the close potential examples of financial diagnosis, mitigation, treatment, and name of the Senator from New York exploitation of senior citizens, and for rehabilitation of health conditions re- (Mrs. GILLIBRAND) was added as a co- other purposes. lating to exposure to burn pits. sponsor of S. 1139, a bill to amend the S. 2253 S. 2748 Help America Vote Act of 2002 to re- At the request of Mr. BLUMENTHAL, At the request of Ms. BALDWIN, the quire States to provide for same day the name of the Senator from Michigan names of the Senator from Colorado registration. (Ms. STABENOW) was added as a cospon- (Mr. BENNET) and the Senator from

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.060 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6357 Rhode Island (Mr. WHITEHOUSE) were lina (Mr. TILLIS) was added as a co- Michigan (Mr. PETERS) were added as added as cosponsors of S. 2748, a bill to sponsor of S. 3043, a bill to direct the cosponsors of S. 3198, a bill to amend amend the Public Health Service Act Secretary of Veterans Affairs to carry title 38, United States Code, to improve to increase the number of permanent out a pilot program establishing a pa- the provision of adult day health care faculty in palliative care at accredited tient self-scheduling appointment sys- services for veterans. allopathic and osteopathic medical tem, and for other purposes. S. 3203 schools, nursing schools, social work S. 3111 At the request of Ms. MURKOWSKI, the schools, and other programs, including At the request of Mr. PORTMAN, the name of the Senator from Utah (Mr. physician assistant education pro- names of the Senator from Georgia HATCH) was added as a cosponsor of S. grams, to promote education and re- (Mr. ISAKSON) and the Senator from 3203, a bill to provide for economic de- search in palliative care and hospice, North Carolina (Mr. BURR) were added velopment and access to resources in and to support the development of fac- as cosponsors of S. 3111, a bill to amend Alaska, and for other purposes. ulty careers in academic palliative the Internal Revenue Code of 1986 to S. 3240 medicine. extend the 7.5 percent threshold for the At the request of Mr. ENZI, the name S. 2782 medical expense deduction for individ- of the Senator from Ohio (Mr. At the request of Mr. BLUNT, the uals age 65 or older. PORTMAN) was added as a cosponsor of name of the Senator from Maine (Ms. S. 3115 S. 3240, a bill to prohibit the use of pre- COLLINS) was added as a cosponsor of S. At the request of Mr. WICKER, the 2782, a bill to amend the Public Health miums paid to the Pension Benefit Service Act to provide for the partici- name of the Senator from Iowa (Mr. Guaranty Corporation as an offset for pation of pediatric subspecialists in the GRASSLEY) was added as a cosponsor of other Federal spending. National Health Service Corps pro- S. 3115, a bill to amend the Public S. 3281 gram, and for other purposes. Health Service Act with respect to a At the request of Mr. REID, the name national pediatric research network. S. 2912 of the Senator from Hawaii (Ms. At the request of Mr. JOHNSON, the S. 3124 HIRONO) was added as a cosponsor of S. name of the Senator from Maine (Mr. At the request of Mrs. ERNST, the 3281, a bill to extend the Iran Sanctions KING) was added as a cosponsor of S. name of the Senator from Louisiana Act of 1996. 2912, a bill to authorize the use of unap- (Mr. CASSIDY) was added as a cosponsor S. 3295 proved medical products by patients di- of S. 3124, a bill to require U.S. Immi- At the request of Mr. CORNYN, the agnosed with a terminal illness in ac- gration and Customs Enforcement to name of the Senator from Arkansas cordance with State law, and for other take into custody certain aliens who (Mr. BOOZMAN) was added as a cospon- purposes. have been charged in the United States sor of S. 3295, a bill to authorize the S. 2932 with a crime that resulted in the death Secretary of Homeland Security to At the request of Mr. CASSIDY, the or serious bodily injury of another per- work with cybersecurity consortia for names of the Senator from Maine (Mr. son, and for other purposes. training, and for other purposes. KING) and the Senator from Minnesota S. 3130 S. 3304 (Ms. KLOBUCHAR) were added as cospon- At the request of Mr. MARKEY, the At the request of Mr. BLUMENTHAL, sors of S. 2932, a bill to amend the Con- name of the Senator from Maine (Mr. his name was added as a cosponsor of trolled Substances Act with respect to KING) was added as a cosponsor of S. S. 3304, a bill to direct the Secretary of the provision of emergency medical 3130, a bill to amend title XVIII of the Veterans Affairs to improve the Vet- services. Social Security Act to provide for a erans Crisis Line. S. 2934 permanent Independence at Home med- At the request of Mr. THUNE, the At the request of Mr. SCHUMER, the ical practice program under the Medi- name of the Senator from California names of the Senator from Pennsyl- care program. (Mrs. FEINSTEIN) was added as a co- vania (Mr. CASEY) and the Senator S. 3162 sponsor of S. 3304, supra. EID from Nevada (Mr. R ) were added as At the request of Mr. REED, the S. 3328 cosponsors of S. 2934, a bill to ensure names of the Senator from Rhode Is- At the request of Mr. BLUMENTHAL, that all individuals who should be pro- land (Mr. WHITEHOUSE) and the Senator the names of the Senator from Min- hibited from buying a firearm are list- from New Mexico (Mr. HEINRICH) were nesota (Ms. KLOBUCHAR), the Senator ed in the national instant criminal added as cosponsors of S. 3162, a bill to from Maryland (Mr. CARDIN) and the background check system and require a provide for the consideration of energy Senator from Oregon (Mr. WYDEN) were background check for every firearm storage systems by electric utilities as added as cosponsors of S. 3328, a bill to sale. part of a supply side resource process, amend title 38, United States Code, to S. 2957 and for other purposes. reform the rights and processes relat- At the request of Mr. NELSON, the S. 3179 ing to appeals of decisions regarding names of the Senator from Mississippi At the request of Ms. HEITKAMP, the claims for benefits under the laws ad- (Mr. COCHRAN), the Senator from Cali- name of the Senator from Virginia (Mr. ministered by the Secretary of Vet- fornia (Mrs. FEINSTEIN) and the Sen- WARNER) was added as a cosponsor of S. erans Affairs, and for other purposes. ator from Maryland (Mr. CARDIN) were 3179, a bill to amend the Internal Rev- added as cosponsors of S. 2957, a bill to S. 3348 enue Code of 1986 to improve and ex- require the Secretary of the Treasury At the request of Mr. WYDEN, the to mint commemorative coins in rec- tend the credit for carbon dioxide se- name of the Senator from California ognition of the 50th anniversary of the questration. (Mrs. FEINSTEIN) was added as a co- first manned landing on the Moon. S. 3183 sponsor of S. 3348, a bill to amend the S. 3042 At the request of Mr. SCHUMER, the Federal Election Campaign Act of 1971 At the request of Mr. BLUMENTHAL, name of the Senator from Michigan to require candidates of major parties the name of the Senator from Min- (Ms. STABENOW) was added as a cospon- for the office of President to disclose nesota (Ms. KLOBUCHAR) was added as a sor of S. 3183, a bill to prohibit the cir- recent tax return information. cosponsor of S. 3042, a bill to amend cumvention of control measures used S. 3369 title 38, United States Code, to clarify by Internet ticket sellers to ensure eq- At the request of Mr. MCCAIN, the the scope of procedural rights of mem- uitable consumer access to tickets for name of the Senator from Georgia (Mr. bers of the uniformed services with re- any given event, and for other pur- PERDUE) was added as a cosponsor of S. spect to their employment and reem- poses. 3369, a bill to amend section 2709 of ployment rights, and for other pur- S. 3198 title 18, United States Code, to clarify poses. At the request of Mr. HATCH, the that the Government may obtain a S. 3043 names of the Senator from Georgia specified set of electronic communica- At the request of Ms. KLOBUCHAR, the (Mr. PERDUE), the Senator from Mary- tion transactional records under that name of the Senator from North Caro- land (Mr. CARDIN) and the Senator from section, and to make permanent the

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.062 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6358 CONGRESSIONAL RECORD — SENATE November 15, 2016 authority for individual terrorists to found concern about the ongoing polit- There being no objection, the mate- be treated as agents of foreign powers ical, economic, social and humani- rial was ordered to be printed in the under the Foreign Intelligence Surveil- tarian crisis in Venezuela, urging the RECORD, as follows: lance Act of 1978. release of political prisoners, and call- U.S. CONGRESS, S. 3371 ing for respect of constitutional and OFFICE OF COMPLIANCE, Washington, DC, November 15, 2016. At the request of Mr. WYDEN, the democratic processes. Hon. ORRIN G. HATCH, name of the Senator from Hawaii (Mr. S. RES. 590 President Pro Tempore of the U.S. Senate, SCHATZ) was added as a cosponsor of S. At the request of Mr. WYDEN, the Washington, DC. 3371, a bill to amend titles II, XVIII, names of the Senator from Maryland DEAR MR. PRESIDENT: Section 303 of the and XIX of the Social Security Act to (Mr. CARDIN), the Senator from Vir- Congressional Accountability Act of 1995 improve the affordability and enroll- ginia (Mr. KAINE), the Senator from (CAA), 2 U.S.C. 1383, requires that, with re- ment procedures of the Medicare pro- Massachusetts (Mr. MARKEY), the Sen- gard to the amendment of the rules gov- gram, and for other purposes. ator from Hawaii (Mr. SCHATZ) and the erning the procedures of the Office, the Exec- S. 3391 Senator from Rhode Island (Mr. WHITE- utive Director ‘‘shall, subject to the approval At the request of Mr. REED, the name HOUSE) were added as cosponsors of S. of the Board [of Directors], adopt rules gov- of the Senator from Michigan (Ms. Res. 590, a resolution commemorating erning the procedures of the Office . . . .’’ 100 years of health care services pro- and ‘‘[u]pon adopting rules . . . shall trans- STABENOW) was added as a cosponsor of mit notice of such action together with a S. 3391, a bill to reauthorize the Mu- vided by Planned Parenthood. copy of such rules to the Speaker of the seum and Library Services Act. S. RES. 612 House of Representatives and the President S. 3421 At the request of Mr. REED, the name pro tempore of the Senate for publication in At the request of Mr. BLUMENTHAL, of the Senator from New Hampshire the Congressional Record on the first day of the name of the Senator from Hawaii (Mrs. SHAHEEN) was added as a cospon- which both Houses are in session following such transmittal.’’ (Mr. SCHATZ) was added as a cosponsor sor of S. Res. 612, a resolution recog- of S. 3421, a bill to require air carriers nizing the Weatherization Assistance Having published a general notice of pro- to provide all flight attendants with Program during its 40th anniversary posed rulemaking in the Congressional scheduled rest periods of at least 10 year for its history of reducing the en- Record on September 9, 2014, provided a com- ergy costs of families with low in- ment period of at least 30 days after publica- consecutive hours between duty peri- tion of such notice, and obtained the ap- ods and to comply with fatigue man- comes, making low-income households proval of the Board of Directors for the adop- agement plans for flight attendants healthier and safer, positively impact- tion of these rules as required by Section that have been approved by the Federal ing the environment, and supporting 303(a) and (b) of the CAA, 2 U.S.C. 1383(a) and Aviation Administration. jobs and new technology. (b), I am transmitting the attached Amend- S. 3431 f ments to the Procedural Rules of the Office of Compliance to the President Pro Tempore At the request of Mrs. GILLIBRAND, AUTHORITY FOR COMMITTEES TO of the United States Senate for publication the name of the Senator from Maine MEET in the Senate section of the Congressional (Ms. COLLINS) was added as a cosponsor Record on the first day on which both Houses COMMITTEE ON ENVIRONMENT AND PUBLIC of S. 3431, a bill to coordinate and ad- are in session following the receipt of this WORKS vance fibrosis research activities at the transmittal. In accordance with Section National Institutes of Health, and for Mr. MCCONNELL. Mr. President, I 303(b) of the CAA, these amendments to the other purposes. ask unanimous consent that the Com- Procedural Rules shall be considered issued mittee on Environment and Public S. 3436 by the Executive Director and in effect as of Works be authorized to meet during the date on which they are published in the At the request of Mr. RUBIO, the the session of the Senate on November Congressional Record. names of the Senator from Montana 15, 2016, at 5:30 p.m., in the President’s Any inquiries regarding this notice should (Mr. DAINES) and the Senator from Room of the Capitol. be addressed to Barbara J. Sapin, Executive Kansas (Mr. ROBERTS) were added as The PRESIDING OFFICER. Without Director of the Office of Compliance, Room cosponsors of S. 3436, a bill to prevent objection, it is so ordered. LA–200, 110 2nd Street, S.E., Washington, DC proposed regulations relating to re- 20540. strictions on liquidation of an interest f Sincerely, with respect to estate, gift, and genera- NOTICE: REGISTRATION OF MASS BARBARA J. SAPIN, tion-skipping transfer taxes from tak- MAILINGS Executive Director, ing effect. Office of Compliance. The filing date for the 2016 third S. 3441 quarter Mass Mailing report is Tues- FROM THE EXECUTIVE DIRECTOR OF THE OFFICE OF COMPLIANCE At the request of Mrs. GILLIBRAND, day, October 25, 2016. An electronic op- the names of the Senator from Con- tion is available on Webster that will NOTICE OF ADOPTED RULEMAKING (‘‘NARM’’), necticut (Mr. BLUMENTHAL) and the allow forms to be submitted via a Senator from Florida (Mr. RUBIO) were ADOPTED AMENDMENTS TO THE RULES fillable pdf document. If your office did OF PROCEDURE, NOTICE OF ADOPTED added as cosponsors of S. 3441, a bill to no mass mailings during this period, provide for the vacating of certain con- RULEMAKING, AS REQUIRED BY 2 please submit a form that states U.S.C. § 1383, THE CONGRESSIONAL AC- victions and expungement of certain ‘‘none.’’ COUNTABILITY ACT OF 1995, AS arrests of victims of human traf- Mass mailing registrations or nega- AMENDED (‘‘CAA’’). ficking. tive reports can be submitted elec- INTRODUCTORY STATEMENT S. 3464 tronically or delivered to the Senate At the request of Mr. ALEXANDER, the Office of Public Records, 232 Hart On September 9, 2014, a Notice of Proposed name of the Senator from Maine (Mr. Building, Washington, D.C. 20510–7116. Amendments to the Procedural Rules of the KING) was added as a cosponsor of S. The Senate Office of Public Records Office of Compliance (‘‘Office’’ or ‘‘OOC’’), as amended in June 2004 (‘‘2004 Procedural 3464, a bill to provide incremental in- is open from 9:00 a.m. to 5:00 p.m. For creases to the salary threshold for ex- Rules’’ or ‘‘2004 Rules’’) was published in the further information, please contact the Congressional Record at S5437, and H7372. As emptions for executive, administrative, Senate Office of Public Records at (202) required under the Congressional Account- professional, outside sales, and com- 224–0322. ability Act of 1995 (‘‘Act’’) at section 303(b) (2 puter employees under the Fair Labor f U.S.C. 1383(b)), a 30 day period for comments Standards Act of 1938, and for other from interested parties followed. In response purposes. NOTICE OF ADOPTED to the Notice of Proposed Rulemaking, the Office received a number of comments re- S. RES. 537 RULEMAKING garding the proposed amendments. Specifi- At the request of Mr. RUBIO, the Mr. HATCH. Mr. President, I ask cally, the Office received comments from the name of the Senator from Georgia (Mr. unanimous consent that the attached Committee on House Administration, the Of- PERDUE) was added as a cosponsor of S. documentation from the Office of Com- fice of the Senate Chief Counsel for Employ- Res. 537, a resolution expressing pro- pliance be printed in the RECORD. ment, the U.S. Capitol Police, the Architect

VerDate Sep 11 2014 09:43 Nov 17, 2016 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD16\NOV2016\S15NO6.REC S15NO6 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6359 of the Capitol, and the U.S. Capitol Police the CAA, confer the Office and independent Under Proposed Rule section 1.03(a)(4), Labor Committee. Hearing Officers with wide discretion in con- commenters noted that there was ambiguity The Executive Director and the Board of ducting hearings and other processes. The regarding email time display and one com- Directors of the Office of Compliance have Office further finds that there is no need to menter proposed the addition of a new rule reviewed all comments received regarding clarify whether different methods can be requiring prompt acknowledgement of the the Notice, have made certain additional used in the same case, as long as whatever receipt of an emailed document to ensure changes to the proposed amendments in re- method chosen is made clear to parties. Fi- that it has been received by the parties. sponse thereto, and herewith issue the final nally, as the Rules are clear that five addi- In view of this comment, the Office added Amended Procedural Rules (Rules) as au- tional days will be added when documents language to the Adopted Rules, providing thorized by section 303(b) of the Act, which are served by mail, the Office does not be- that when the Office serves a document elec- states in part: ‘‘Rules shall be considered lieve that it is necessary to include a re- tronically, the service date and time will be issued by the Executive Director as of the quirement that the OOC inform parties of based on the document’s timestamp informa- date on which they are published in the Con- the specific dates that are required for re- tion. No further change is necessary. Con- gressional Record.’’ See, 2 U.S.C. 1383(b). sponse. That information can be ascertained firmation of the transmittal of a document These Procedural Rules of the Office of from information on the method of filing. can be shown from the date and timestamp Compliance may be found on the Office’s web As the OOC has indicated that it intends to on the email, which is typically more reli- site: www.compliance.gov. move toward electronic filing, one com- able than a recipient’s acknowledgment. Supplementary Information: The Congres- menter voiced support for the Office’s deci- One commenter noted that under Proposed sional Accountability Act of 1995 (CAA), PL sion to permit parties to file electronically. Rule section 1.03(c), there should be some 104–1, was enacted into law on January 23, However, the commenter indicated that it way of notifying parties when the Office is 1995. The CAA applies the rights and protec- would be beneficial for the proposed Rules to ‘‘officially closed for business.’’ The Office tions of 13 federal labor and employment contain procedures for storing electronic determined that it is not necessary to in- statutes to covered employees and employ- material in a manner that will protect con- clude in the Procedural Rules how the Office ing offices within the Legislative Branch of fidentiality and ensure compliance with sec- will notify parties of closures. The Office Government. Section 301 of the CAA (2 tion 416 of the CAA. generally follows the Office of Personnel U.S.C. 1381) established the Office of Compli- The Office routinely handles all materials Management closure policy with respect to ance as an independent office within that in a secure and confidential manner, regard- inclement weather and other official govern- Branch. Section 303 (2 U.S.C. 1383) directed less of the format. Because the Office’s con- ment closures. Further, information on the that the Executive Director, as the Chief Op- fidential document management is covered Office’s closures appears on the Office’s erating Officer of the agency, adopt rules of in its own standard operating procedures, website at www.compliance.gov and is pro- procedure governing the Office of Compli- there is no need to include those procedures vided on the Office’s mainline at 202.724.9250. ance, subject to approval by the Board of Di- in these Rules. In response to the proposed changes to the rectors of the Office of Compliance. The Section 1.03(a)(2)(ii) of the Proposed Rules new section 1.06 (formerly section 1.04) in the rules of procedure generally establish the provided that documents other than requests Proposed Rules, several commenters indi- process by which alleged violations of the for mediation that are mailed were deemed cated that while records of Hearing Officers laws made applicable to the Legislative to be filed on the date of their postmark. may be made public if required for the pur- Branch under the CAA will be considered and However, mailed requests for mediation were poses of judicial review under Section 407, resolved. The rules include procedures for to be deemed filed on the date they were re- the Procedural Rules do not address cir- counseling, mediation, and election between ceived in the Office. (1.03(a)(2)(i)) This was a cumstances where records are also necessary filing an administrative complaint with the proposed change to the Rules that had estab- for purposes of civil action review under sec- Office of Compliance or filing a civil action lished the date of filing for requests for me- tion 408 for res judicata purposes. in U.S. District Court. The rules also include diation and complaints as the date when they After review of these comments, the Office the procedures for processing Occupational were received in the Office. One commenter believes that this concern is adequately ad- Safety and Health investigations and en- asserted that in changing the date of filing dressed in the Adopted Rules. Section 1.08(d), forcement, as well as the process for the con- for complaints served by mail from the date includes a broader statement concerning the duct of administrative hearings held as the received in the Office to the date of the post- appropriate use of records in other pro- result of the filing of an administrative com- mark, the rules gave a covered employee an ceedings, and allows the submission of a plaint under all of the statutes applied by additional five days to file an OOC com- Hearing Officer’s decision in another pro- the Act, for appeals of a decision by a Hear- plaint. Upon review of all comments, the Of- ceeding, as long as the requirements in sec- ing Officer to the Board of Directors of the fice has determined that, because mail deliv- tion 1.08(d) are met. Nothing in these Rules Office of Compliance, and for the filing of an ery on the Capitol campus is irregular due to prohibits a party or its representative from appeal of a decision by the Board of Direc- security measures, it is best to use the date disclosing information obtained in confiden- tors to the United States Court of Appeals of postmark as the date of filing. This will tial proceedings when it is reasonably nec- for the Federal Circuit. The rules also con- ensure that all filings that under ordinary essary to investigate claims, ensure compli- tain other matters of general applicability to circumstances would be timely would not be ance with the Act or prepare a prosecution the dispute resolution process and to the op- deemed untimely because of any delay in or defense. While section 1.08(d) does allow eration of the Office of Compliance. mail delivery on the Hill. This includes the for the submission of Hearing Officer deci- The Office’s response and discussion of the filing of a request for mediation, which will sions under the appropriate circumstances, comments is presented below: be deemed received in the Office as the date it also serves to preserve the confidentiality of postmark. In using the postmark as the of these records. Thus, the party making the Discussion date of filing for all mailed documents, the disclosure shall take all reasonably appro- SUBPART A—GENERAL PROVISIONS OF Office sees no advantage gained in one meth- priate steps to ensure that persons to whom THE RULES od of filing over the other, but rather views the information is disclosed maintain the There were a number of comments sub- this as a way of curtailing any disadvantage confidentiality of such information. mitted in reference to the proposed amend- to those who use mail for filing at a time With respect to the new section 1.07, Des- ments made to Subpart A, General Provi- when there are often significant delays in ignation of a Representative, a commenter sions of the Rules. With respect to the mail delivery to offices on the Hill. noted that the requirement that only one amendments to the Filing and Computation In sections 1.03(a)(3) and (4) of the Proposed person could be designated as a representa- of Time under section 1.03(a), one commenter Rules, the Office changed the filing deadline tive was problematic since there have been noted that the provisions allowing the for fax and electronic submissions from 5:00 situations when more than one attorney Board, Hearing Officer, Executive Director pm Eastern Time on the last day of the ap- would be needed to represent an employing and General Counsel to determine the meth- plicable filing period to 11:59 pm Eastern office or employee. The suggestion was made od by which documents may be filed in a par- Time on the last day of the applicable filing that the limitations apply only to a party ticular proceeding ‘‘in their discretion’’ are period. One commenter noted that while sub- for point of contact purposes. As the purpose overly broad. The commenter also requested missions under section 1.03(a)(3) require in of limiting the number of designated rep- clarification on whether there would be dif- person hand delivery by 5:00 p.m., this dead- resentatives was to eliminate any confusion ferent methods used for filing in the same line is inconsistent with the 11:59 p.m. dead- caused by having to serve more than one rep- case, whether five (5) additional days would line required for faxed and electronically resentative per party, the Office has modi- be added regardless of the type of service, filed documents. The commenter stated that fied the language to indicate that only one and whether the OOC would inform the op- the filing deadlines should be the same for representative may be designated to receive posing party of the prescribed dates for a re- all types of delivery and receipt options. service. sponse. This is not an unusual situation. Often There were several comments to section The Office does not find as overly broad there are different filing deadlines, depend- 1.07(c) of the Proposed Regulations. The pro- the amendment allowing the Board, Hearing ing on the mode of delivery. However, to en- posals to section 1.07(c) provided that in the Officer, Executive Director, and General sure consistency, the Office has changed the event of a revocation of a designation of rep- Counsel the discretion to determine the language so that the same time will be used resentative, the Executive Director, OOC method by which documents may be filed. for filing all documents coming into the Of- General Counsel, Mediator, Hearing Officer The 2004 version of these Rules, as well as fice. or OOC Board has the discretion to grant a

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6360 CONGRESSIONAL RECORD — SENATE November 15, 2016 party ‘‘additional time . . . to allow the is limited to employment rights proceedings not independently entitle an employee to party to designate a new representative as initiated by a complaint filed by a covered monetary damages absent a violation of one consistent with the Act.’’ The commenters employee against an employing office alleg- of the ‘‘money-mandating’’ statutes it ap- noted that the CAA is a waiver of sovereign ing violations of laws specifically incor- plies. Office of the Architect of the Capitol v. immunity that must be strictly construed porated by the CAA under 2 U.S.C. §§ 1311– Cienfuegos, No. 11–AC–138 (CV, RP), 2014 WL and that there is no discretion to extend 1317. Section 405 of the CAA, by its terms, 7139940, *n.1 (OOC Board Dec. 11, 2014). The statutory deadlines to give a party time to limits the filing of a complaint to a covered Board’s authority is therefore limited to de- designate a new representative, including employee who has completed mediation and ciding breaches of confidentiality during the time to request counseling under section 402, section 406 of the CAA limits Board review to pendency of a complaint filed pursuant to to request and complete mediation under any party aggrieved by the decision of a section 405 of the CAA, and the Adopted section 403, to file a complaint or initiate a Hearing Officer under section 405(g) of the Rules so provide. civil action under section 404, or to file an CAA. For this reason, the Board determined Further, as to the deletion of section appeal under section 406 of the CAA. Com- that section 1.07(e) of the Procedural Rules 1.07(d), covering contents or records of con- menters urged that the rule be modified to could only apply to those orders and deci- fidential proceedings, the comments noted clarify this point. sions regarding sanctions that were in a final that mediation does not bestow confiden- As the adopted language notes that addi- order issued under section 405(g). While the tiality to facts or evidence that exist outside tional time may be granted only as consistent CAA and the procedural rules mandate that of mediation and the language needs the sig- with the CAA, it should be clear that in parties in counseling, mediation, and hearing nificant qualification that currently exists granting any additional time to designate a maintain confidentiality, there is no statu- in section 1.07(d) (‘‘. . . A participant is free new representative, the Executive Director, tory provision within the CAA which ad- to disclose facts and other information ob- OOC General Counsel, Mediator, Hearing Of- dresses the authority of a Hearing Officer or tained from any source outside of the con- ficer or OOC Board will ensure that statu- the Board to address independent breaches of fidential proceedings . . .’’). The commenter tory deadlines are observed. confidentiality. See 2 U.S.C. § 1416 recommended that the entire language of Deletion of the section 1.07 of the 2004 Pro- Other commenters noted that under Tay- section 1.07(d) of the 2004 Procedural Rules cedural Rules, the breach of confidentiality lor, supra, the Board also appears to take the be retained in the new Rules. provision, generated the most comments. position that there is no provision in the The Office agrees that including the cur- Commenters generally noted that the Pro- CAA authorizing an employing office to rent section 1.07(d) in the Adopted Rules posed Procedural Rules would eliminate the bring a breach of confidentiality claim (now in the Adopted Rules as section 1.08(e)) existing process for filing a complaint based against a complainant. See also, Eric J.J. would give appropriate guidance on the con- on violation of the confidentiality provisions Massa v. Debra S. Katz and Alexis H. Rickher, tents and records of confidential pro- of section 416 of the CAA. The effect of this Case No.: 10–HS–59 (CFD), (May 8, 2012) and ceedings. proposed rule change would be that, if there Taylor. One commenter strongly disagreed There were multiple comments concerning was a confidentiality breach, a party could with this conclusion, noting that just as the the confidentiality provisions in section 1.08 obtain relief only pursuant to an ‘‘agree- confidentiality obligations of the CAA clear- of the Proposed Rules. One such comment ment’’ facilitated by the Mediator during the ly and unambiguously apply equally to em- noted that ‘‘communications between attor- mediation period or through sanctions issued ploying offices and employees, so too should neys and clients should never amount to a by a Hearing Officer during a section 405 pro- the ability to assert claims for breach of confidentiality breach absent a protective ceeding (see Proposed Procedural Rules sec- statutory confidentiality. The commenter order’’; yet, with the deletion of the ‘‘Breach tions 2.04(k) and 7.12(b)). Commenters ex- asserts that a contrary reading of the stat- of Confidentiality Provisions’’ section, there pressed concern that under the Proposed ute, as appears to have been implicitly sug- is no timeframe listed for when a party can Rules, if an individual violated section 416 of gested in the above-referenced cases (deny- claim a confidentiality breach. Commenters the CAA at any other time in the process, no ing employing offices the ability to bring urged the OOC to reinstitute the previous re- remedy would be available. Most com- claims for breach of confidentiality against quirement. Because of the Board rulings lim- menters felt that this was inconsistent with employees), is inconsistent with the purpose iting the authority of the Board to review a the confidentiality requirements of the CAA, and intent of the confidentiality provisions breach of confidentiality claim outside of a and that the Procedural Rules should include of the CAA. section 405 proceeding, there does not need a complaint procedure for resolving inde- Again, because under section 405 of the to be a timeframe for a party to claim the pendent violations of section 416. For exam- CAA, the filing of a complaint is limited to breach. The claim would have to occur dur- ple, one commenter noted that, under the a covered employee who has completed coun- ing the section 405 proceeding itself. Because Proposed Procedural Rules, if parties agree seling and mediation (and the General Coun- circumstances would differ in each case, set- to a settlement during mediation, there is no sel in limited circumstances), and there is no ting a time frame for a breach of confiden- remedy available to the employing office if mechanism in the CAA for enforcement of tiality should be left up to the Hearing Offi- the employee decides to publicize the terms confidentiality breaches outside of a section cer and the OOC Board of Directors. of the settlement or any statements made 405 proceeding, there is similarly no process Commenters noted that section 1.08(c) was during mediation. Similarly, if a covered em- in the CAA under which an employing office also inconsistent because it prohibits disclo- ployee never initiates a section 405 pro- can initiate a breach of confidentiality claim sure of a written or oral communication that ceeding, but instead drops the matter or ini- that can be enforced. The Procedural Rules, is prepared for the purpose of, or occurs dur- tiates a section 408 proceeding, the Proposed however, do provide that within the context ing, counseling. The most important docu- Procedural Rules would allow the employee of a section 405 proceeding, an employing of- ment that allows for the preparation of a de- to publicize any statements made during me- fice may make a breach of confidentiality fense to a claim is the formal request for diation, with no fear of sanction. The uncer- claim and the Hearing Officer is authorized counseling. That written document is nec- tainty regarding confidentiality would result to order a number of sanctions if a breach is essary to identify the claims that a Com- in parties being less candid in mediation and, found. plainant has properly exhausted under the thereby, undermine it as a dispute resolution Comments were also made that limiting CAA. Some commenters requested that the process. remedies for breaches of confidentiality to Office provide the employing office with the Section 1.07 of the 2004 Procedural Rules, procedural and evidentiary sanctions was in- request for counseling. permitting the filing with the Executive Di- appropriate and, that the effect of that limi- Counseling is to be strictly confidential, rector of stand-alone complaints of violation tation was to make the penalty for breach of therefore, the request itself will not be pro- of the confidentiality provisions, has been confidentiality nonexistent for a complain- vided to other parties by the Office. As the deleted because the OOC Board held, as a ant who chooses not to file a complaint with Circuit Court for the District of Columbia matter of statutory interpretation of the the OOC because no procedural or evi- noted in Blackmon-Malloy v. U.S. Capitol Po- CAA, that it did not have the statutory au- dentiary sanctions would ever be applicable. lice Bd., 575 F.3d 699, 713 (D.C. Cir. 2009), thority to independently resolve a breach of The commenter requested that the Rules ‘‘Congress’s inclusion of provisions requiring confidentiality action brought under the clarify that monetary damages may be the Office to issue written notices of the end Procedural Rules, without the existence of awarded against both employing offices and of counseling and the end of mediation must an underlying complaint under section 405 of employees for a demonstrated breach of con- be read in light of the provisions on con- the CAA. Taylor v. U.S. Senate Budget Comm. fidentiality. fidentiality. Those provisions, sections No. 10–SN–31 (CFD), 2012 WL 588440 (OOC In the absence of any express authority, 1416(a) and (b), provide that counseling and Board Feb. 14, 2012); see Massa v. Katz & the Board has decided that ‘‘the Office and mediation, respectively, shall be strictly Rickher, No. 10–HS–59 (CFD) (OOC Board May its Hearing Officers have the power to con- confidential.’’ 2 U.S.C. § 1416(a) & (b). 8, 2012) (dismissing complaint alleging trol and supervise proceedings conducted Blackmon-Malloy v. U.S. Capitol Police Bd., 575 breach of confidentiality on subject-matter under Sections 402, 403, and 405 of the [CAA], F.3d 699, 711 (D.C. Cir. 2009). The court noted jurisdiction grounds because the complain- and may rely on this power to impose appro- that, ‘‘nothing in the CAA suggests Congress ant ‘‘never filed a complaint [under section priate sanctions for a breach of the [CAA’s] intended courts to engage in a mini-trial on 405 of the CAA] against an employing office confidentiality requirements.’’ Taylor v. U.S. the content of the counseling and mediation alleging violation of sections 201–207 of the Senate Budget Comm; Massa v. Katz & Rickher. sessions, an inquiry that would be fraught CAA.’’). In other words, the Board’s author- The Board has further held that a breach of with problems. . . . Congress expressly lim- ity to adjudicate a breach of confidentiality the CAA’s confidentiality provisions does ited the ability of the court to review the

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6361 substance of compliance with these proc- allow a ‘‘participant’’ to publicize the fact that, ‘‘[t]he Executive Director will advise esses.’’ Blackmon-Malloy v. U.S. Capitol Police that a covered employee has requested and/ all participants in mediation and hearing at Bd., 575 F.3d at 711. or engaged in counseling and mediation, and the time they become participants of the One commenter objected to section 1.08(d) the fact that an individual has filed an OOC confidentiality requirements of Section 416 of the Proposed Rules, noting that mediators complaint. See also, 2.03(d), 2.04(b) and 5.01(h) of the Act and that sanctions may be im- should not be able to discuss substantive (requiring the OOC—but not participants—to posed by the Hearing Officer for a violation matters from mediation with the Office. The keep confidential the ‘‘invocation of medi- of those requirements. No sanctions may be commenter noted that to permit mediators ation’’ and ‘‘the fact that a complaint has imposed except for good cause and the par- to consult with the OOC regarding the sub- been filed with the [OOC] by a covered em- ticulars of which must be stated in the sanc- stance of the mediation violates the prin- ployee’’). The Commenter notes that these tion order.’’ ciple that ‘‘[a]ll mediation shall be strictly disclosures would violate the strict confiden- SUBPART B—PRE-COMPLAINT PROCE- confidential,’’ 2 U.S.C. § 1416(b), and is incon- tiality mandated by the CAA and that the sistent with the OOC’s role as a neutral. Spe- DURES APPLICABLE TO CONSIDER- proposed rule should not be adopted. ATION OF ALLEGED VIOLATIONS OF cifically, the commenter points out that as It is the opinion of the Office that the PART A OF TITLE II OF THE CONGRES- the OOC appoints the Hearing Officer to han- strict confidentiality mandated by the CAA SIONAL ACCOUNTABILITY ACT OF 1995 dle the subsequent complaint, the Executive applies to the discussions and content of con- Director rules on a number of procedural versations that go on in counseling, medi- In reviewing the change in the Proposed issues in any subsequent case, and in view of ation, and the hearing, rather than the fact Rules, the Office has decided to delete the the OOC’s adjudicative role in the complaint of filing of a request for counseling, invoca- reference in section 2.03 of the 2004 Rules to process, allowing the mediator to consult tion of mediation, or a complaint. Indeed, an ‘‘official’’ form that should be used to file with the OOC regarding substantive issues section 1.08(e), added back into the Adopted a formal request for counseling and has re- related to the mediation may negatively im- Rules, spells out that it is the information placed it in the Adopted Rules with the fol- pact the OOC’s neutrality, and/or the percep- actually obtained in the counseling, medi- lowing language: ‘‘Individuals wishing to file tion of the parties that the OOC is neutral. ation or hearing proceedings that is to be a formal request for counseling may call the The Office agrees with the commenter that kept confidential, not necessarily the fact Office for a form to use for this purpose.’’ under the CAA, ‘‘[a]ll mediation shall be that a hearing or mediation is being held. There were several comments to section strictly confidential.’’ CAA § 416(b). The con- Moreover, to ensure confidentiality and con- 2.03 of the Proposed Rules. One commenter fidentiality provision regarding mediation is sistent with the Office of Compliance Adminis- noted that the strict confidentiality provi- further clarified in section 2.04(j) of the Pro- trative and Technical Corrections Act of 2015 sion discussed in section 2.03(d) should refer cedural Rules, which provides that the ‘‘Of- (PL 114–6), all participants are advised of the to the confidentiality provisions described in fice will maintain the independence of the confidentiality requirement under the CAA. sections 2.03(e)(l)–(2) and 1.08. In addition, mediation process and the mediator. No indi- In another comment, it was noted that the the commenter maintained that the words vidual, who is appointed by the Executive waiver provision under section 1.08(e) of the ‘‘should be used’’ should be deleted and re- Director to mediate, may conduct or aid in a Proposed Rules was not clear and appeared placed with the word ‘‘shall’’ so that the hearing conducted under section 405 of the to conflict with the statutory requirement of counseling period only pertains to the enu- Act with respect to the same matter or shall confidentiality under section 416 of the CAA. merated items. be subject to subpoena or any other compul- Where there is a waiver of confidentiality, it The Office has decided to leave the lan- sory process with respect to the same mat- is unclear whether a waiver releases all re- guage as proposed (‘‘should be used’’) to pro- ter.’’ However, the CAA requires both coun- quirements for confidentiality including vide the most flexibility to the Counselor seling and mediation, in part, to assist em- making records public in proceedings, and employee depending on the cir- ployees and employing offices in reaching an waiving the confidentiality requirements of cumstances of each case. early resolution of their disputes. When a proceedings before a Hearing Officer, and There were comments that section neutral mediator believes that consulting waiving the sanctions requirement under 2.03(e)(1) of the Proposed Rules was incon- with the Office on administrative, proce- section 1.08(f). It is important that any waiv- sistent with the requirements in section dural, or even substantive matters will expe- er be clear as to why it would be permissible 1.08(d). The commenter noted that, for exam- dite and facilitate resolution of the dispute, despite the language in section 416 of the ple, section 2.03(e)(1) provides that ‘‘all coun- there is no reason for the mediator not to be CAA and how such a waiver affects docu- seling shall be kept strictly confidential and able to do that. In fact, the purposes of the ments, proceedings, and testimony. The com- shall not be subject to discovery.’’ The com- counseling and mediation provisions are best menter further notes that the language of menter noted that it is not clear that the Of- served if the OOC encourages the mediator to fice of Compliance Procedural Rules can con- do everything he or she can to expedite reso- the waiver does not make clear that all par- ticipants must agree to waive confiden- trol the release of discoverable information lution of the matter. in federal district court. Notwithstanding Furthermore, because Mediators are barred tiality and should therefore be deleted from that restriction, section 2.03(e)(1) is incon- from serving as Hearing Officers in the same the Rules. sistent with the exceptions provided in sec- case under CAA section 403(d), there is no The Office agrees that the waiver language tion 1.08(d) which permits disclosing infor- chance that a Mediator who consults with in section 1.08(e) of the Proposed Rules is too mation obtained in confidential proceedings the Office will use that information to make confusing and not meant as a general waiver. when reasonably necessary to investigate a determination that will be binding upon Accordingly, the waiver language has been claims, ensure compliance with the Act or the parties. Section 403(d) of the CAA is de- deleted in the Adopted Rules. prepare its prosecution or defense. signed to inspire confidence in and maintain One comment noted that section 1.08(f) of Additional comments noted that section the integrity of the mediation process by en- the Proposed Regulations would remove the 2.03(e)(1) of the Proposed Rule would permit couraging the parties to be frank and forth- requirement that the OOC advise partici- the OOC to publicize certain statistical in- coming, without fear that such information pants of their confidentiality obligations in formation regarding CAA proceedings, which may later be used against them. See, e.g., 141 a timely fashion. Section 1.06(b) of the 2004 is consistent with section 301(h)(3) of the Cong. Rec. S629 (January 9, 1995). In essence, Procedural Rules requires the OOC to pro- if the parties know that the mediator will vide this notification ‘‘[a]t the time that any CAA, but the proposed rule would remove not be involved in investigating or deter- individual... becomes a participant,’’ and this language: ‘‘. . . so long as that statis- mining the validity of any of the allegations that language is not included in Proposed tical information does not reveal the iden- being made, they may be more willing to Procedural Rule 1.08(f). Such early notice is tity of the employees involved or of employ- work cooperatively with the Mediator during critical to ensuring that CAA-mandated con- ing offices that are the subject of a request the mediation. This is also the theory behind fidentiality is maintained and, thus, the ex- for counseling.’’ To ensure compliance with a key provision of the EEOC’s ADR Policy isting rule should be retained. section 416 of the CAA, the rule should speci- Statement: ‘‘In order to ensure confiden- The Office of Compliance Administrative and fy that the OOC will not publicize this de- tiality, those who serve as neutrals for the Technical Corrections Act of 2015 (PL 114–6), tailed information in its statistical reports. Commission should be precluded from per- requires the Executive Director to notify The Office believes that the CAA’s con- forming any investigatory or enforcement each person participating in mediation and fidentiality requirements found in section function related to charges with which they in the hearing and deliberations process of 416 of the CAA confer upon it the obligation may have been involved. The dispute resolu- the confidentiality requirement and of the to safeguard the confidentiality of such in- tion process must be insulated from the in- sanctions applicable to any person who vio- formation. It is for that reason, the language vestigative and compliance process.’’ EEOC, lates the confidentiality requirement. The limiting the discovery of information dis- Notice No. 915.002 (7/17/95). Office has created notifications to be pro- cussed in counseling was added. To ensure Because Mediators under the CAA are insu- vided to participants during all phases of the that its intention to protect the information lated from the investigative and compliance administrative process, including in medi- is understood, the Office has decided to keep process, there is no statutory or ethical bar ation and at hearings, and includes a state- that language in the A Rules. Further, to that would prevent them from consulting ment on its request for counseling form ad- preserve confidentiality of statistical infor- with the office if it would facilitate resolu- vising that ‘‘all counseling shall be strictly mation released as part of the reporting tion of the dispute. confidential.’’ Consistent with this and in under section 301(h)(3) of the CAA, language One comment also noted that the proposed agreement with the comment, section 1.08(f) has been put back in, indicating that statis- rule sections 1.08(b) and (c) may be read to of the Adopted Rules is modified to provide tical information will not reveal the identity

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6362 CONGRESSIONAL RECORD — SENATE November 15, 2016 of individual employees or employing offices approving settlements that might not fit ex- 210(d) and (f). In response to the NPRMs, the that are the subject of specific requests for actly into the parameters established under Executive Director received comments to counseling. section 2.04(g). Section 414 of the Act does both the proposed ADA procedural rules and In addition, by way of clarification, the Of- provide for this. The Act states: ‘‘Nothing in the proposed substantive regulations that fice has added a reference in section 2.03(e)(2) this chapter shall affect the power of the were similar or substantially related. While of the Adopted Rules to section 416(a) of the Senate and the House of Representatives, re- the ADA substantive regulations have been CAA indicating that the employee and the spectively, to establish rules governing the adopted by the Board of Directors, they have Office may agree to waive confidentiality process by which a settlement may be en- not yet been approved by Congress. The Ex- during the counseling process for the limited tered into by such House or by any employ- ecutive Director has therefore decided to purpose of allowing the Office to notify the ing office of such House.’’ Because this provi- withdraw the proposed procedural rules con- employing office of the allegations. sion is set forth in the Act, it is not nec- tained in Subpart C relating to section 210 of Noting that section 2.03(m) of the proposed essary to modify the language in section the CAA. Any future procedural rules regard- rules requires the Capitol Police to enter 2.04(g) of the Rules. ing the inspection, investigation and com- into a Memorandum of Understanding (MOU) There were additional comments to pro- plaint provisions contained in sections 210(d) to permit an employee to use the Capitol Po- posed Procedural Rule 2.04(g). Commenters and (f) of the CAA relating to ADA Public lice internal grievance process, one com- noted that the rule as proposed would grant Services and Accommodations will be pro- menter observed that there was no such re- the Mediator the authority to require ‘‘any mulgated when the substantive regulations quirement in section 401 of the CAA. party’’ to attend a mediation meeting in per- implementing section 210 of the CAA have As the language in the proposed regulation son and that there was nothing in the CAA been approved. indicates, a MOU may be necessary to ad- that would give a Mediator this authority. dress certain procedural and notification re- SUBPART D—COMPLIANCE, INVESTIGA- As a general rule, Mediators do not ‘‘direct’’ TION, ENFORCEMENT AND VARIANCE quirements. The OOC believes that the best individuals to attend mediation in person, way to work out notice and follow up details PROCESS UNDER SECTION 215 OF THE unless the Mediator believes that a specific CAA (OCCUPATIONAL SAFETY AND is through a MOU. However, the language person’s presence would advance the medi- does not mandate a MOU, but rather indi- HEALTH ACT OF 1970)—INSPECTIONS, ation. However, the Office has revised the CITATIONS, AND COMPLAINTS cates that an MOU would be helpful in ad- language in the Adopted Rules to indicate dressing administrative and procedural Regarding sections 4.02(a), 4.03(a) and (b), that the Mediator may ‘‘specifically re- two commenters objected to defining ‘‘place issues that could come up should the Execu- quest’’ a party or individual’s presence. tive Director decide to recommend that an of employment’’ as ‘‘any place where covered One commenter stated that the OOC employees work.’’ The 2004 Rules referred to employee use an internal process. should not alter established practice by par- There were several comments noting that ‘‘places of employment under the jurisdic- ticipating in mediations, as allowed in Sec- tion of employing offices.’’ The language in inclusion of ‘‘good cause’’ language in sec- tion 2.04(g). In response, the Office notes that tion 2.04(b) of the Proposed Rules would the 2004 Procedural Rules is the same lan- as the 2004 Rules include the Office as a pos- guage used in section 215(c)(1) of the CAA. allow a covered employee additional time to sible participant in mediation, the Proposed file a request for mediation outside of the Section 215(c)(1) describes the authorities of Rules did not change established practice. the General Counsel, which are the same as statutory 15-day period. The commenter as- However, to ensure that participation by the serted that there is no support for a ‘‘good those granted to the Secretary of Labor by Office does not interfere with the mediation subsections (a), (d), (e), and (f) of section 8 of cause’’ extension in the statute, and thus the process, the Amended Rules include language OOC lacks authority to create such an exten- the Occupational Safety and Health Act of that requires the permission of the Mediator 1970 (OSHAct) (29 U.S.C. §§ 657(a), (d), (e), and sion in its Proposed Procedural Rules. and the parties before the Office can partici- Typically, a final decision as to timeliness (f)). Notably, section 8(a) grants the ‘‘right pate in mediation. This is not meant to re- is up to the Hearing Officer and neither the to enter without delay and at reasonable quire permission from the parties when the Office nor the Mediator will dismiss a re- times any factory, plant, establishment, con- Office appoints an in-house mediator. Such quest for mediation where the request may struction site, or other area, workplace or an appointment is left exclusively to the Ex- be late. The intent of this amendment was to environment where work is performed by an ecutive Director. employee of an employer.’’ (Emphasis added). allow the Office to close the case if a request There were several comments to section The CAA refers to the same authorities for for mediation was not timely filed and make 2.04(i) of the Proposed Rules. Commenters periodic inspections as it does for requests the decision not to forward for mediation. noted that the notice of the end of mediation for inspections, that is, section 215(c)(1), and Because the 15-day time limit in which to period should advise the employing office of therefore section 8(a) of the OSHAct. Thus, file a request for mediation is statutory, the the date and mode of transmission of the no- the General Counsel’s authority for periodic Office has deleted the ‘‘good cause’’ language tice that was sent to the complainant or add inspections and requests for inspections cov- from the Adopted Rules. However, a case a presumption to the new rule, stating that ers not only legislative branch facilities that may be closed if the request for mediation is the notice is presumed to have been received are under the jurisdiction of employing of- not filed within 15 days of receipt of a Notice on the day it is sent by facsimile or email, or fices, such as the Hart or Rayburn office of the End of Counseling. In most cases, the within 5 calendar days if sent by first class buildings, but any place where covered em- final decision as to whether a request for me- mail. ployees work, such as the Architect of the diation has been timely filed is up to the fact However, the Technical Amendments Act Capitol’s workshop in the U.S. Supreme finder. In any event, a decision on an issue of modified section 404 of the CAA and estab- Court building. One commenter expressed equitable tolling would still be up to the lished that the deadline to elect proceedings concern this would mean the General Coun- Hearing Officer to decide. after the end of mediation was ‘not later In section 2.04(f)(2) of the Proposed Rules, sel could visit a telework employee’s home than 90 days but not sooner than 30 days language was added to the agreement to me- office to conduct an inspection, since the after the end of the period of mediation.’ (Em- diate that read that the Agreement to Medi- home office is where a covered employee phasis added) As this changed the deadline ate would define what is to be kept confiden- works, but not where an employing office from the receipt of the notice of end of medi- tial during mediation. Commenters noted has ‘‘jurisdiction’’. However, the General ation to the end of the mediation period that everything in mediation is confidential Counsel would not inspect an area and make itself, section 2.04(i) of the Adopted Rules and the statute does not permit the parties, findings that are beyond the reach of any was changed accordingly. Section 205(a), re- the Mediator, or the OOC to redefine or limit employing office to address. The efforts in garding election of proceedings, was also what aspects of the mediation are confiden- this section of the Procedural Rules are in- modified to reflect the changes made by tial and which are not. This addition in the tended to more accurately reflect, rather Technical Amendments Act. Proposed Rules was intended to create a con- than broaden, its authority to inspect. tractual agreement on confidential matters. SUBPART C—COMPLIANCE, INVESTIGA- One commenter objected to language in There is no question that a person can waive TION, AND ENFORCEMENT UNDER section 4.02(a) that authorizes the General confidentiality. But the default in this sec- SECTION 210 OF THE CAA (ADA PUBLIC Counsel to review records ‘‘maintained by or tion should be that matters are confidential SERVICES)—INSPECTIONS AND COM- under the control of the covered entity.’’ The unless there is a waiver, not the other way PLAINTS 2004 Rules refers to records ‘‘required by the around. Therefore, this language is being de- In the NPRM published on September 9, CAA and regulations promulgated there- leted from the Adopted Rules. 2014, the Executive Director proposed a new under, and other records which are directly The Office received comments on section Subpart C of the Procedural Rules setting related to the purpose of the inspection.’’ 2.04(g) related to the procedures by some forth rules and procedures for the inspection, The concern is that the General Counsel is oversight committees for approving settle- investigation and complaint provisions con- imposing record-keeping requirements. How- ments. Commenters requested that the pro- tained in sections 210(d) and (f) of the CAA ever, the language does not require entities posed change be modified to make it clear relating to Public Services and Accommoda- to create records or even to maintain that Members of the committees need not be tions under Titles II and III of the Americans records, but addresses the authority of the present for mediation, nor must they be with Disabilities Act (ADA). On September 9, General Counsel to review records that are reachable by phone during the mediation. It 2014, the OOC Board also published a NPRM maintained. Further, whether a record is is understood that in some cases, an over- with substantive regulations implementing ‘‘directly related to the purpose of the in- sight committee has specific procedures for Section 210 of the CAA, including sections spection’’ is a matter that may be raised by

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6363 an entity whether that language is in the under the CAA. They are examples of how moval or suspension, and the claim involves section or not. The General Counsel is not the operational needs of the parties and OOC harassment or retaliation, the employing of- seeking the right to review records that have can be accommodated without first revising fice has no requirement to provide the com- nothing to do with the inspection. Moreover, the Procedural Rules. plainant with the administrative file or in- whether a record is ‘‘directly’’ related is not One commenter was supportive of OOC’s ef- vestigation, and there is no requirement always readily apparent when a record re- fort to balance the OSHAct, which requires under the Rules that the agency provide this quest is first made, and the better course is citations to be posted unedited and un-re- information before the time to answer. In to avoid misunderstandings and delays in in- dacted, with concern over the disclosure of those circumstances, the complainant must spections because of a debate over degrees of security information. More specifically, the rely on the answer for information in order relatedness. Executive Director had added the following to respond. While it is in the Hearing Offi- One commenter suggested inserting the language to section 4.13(a) on the posting of cer’s discretion whether to extend the time words ‘‘upon notification to the appropriate citations: ‘‘When a citation contains secu- to allow the respondent to file an answer and employing office(s)’’ in section 4.02(a) after, rity information as defined in Title 2 of the to stay discovery while ruling on a motion to ‘‘the General Counsel is authorized’’ and be- U.S. Code, section 1979, the General Counsel dismiss, the Office has decided to keep lan- fore, ‘‘to enter without delay and at reason- may edit or redact the security information guage requiring an answer. In hearings under able times, . . .’’. As noted above, that lan- from the copy of the citation used for post- the CAA, the time frames are typically very guage is from section 8(a) of the OSHAct. ing or may provide to the employing office a short and a requirement for respondent to There is no requirement to provide advance notice for posting that describes the alleged answer keeps the process moving forward. notice of an inspection to employing offices violation without referencing the security Sections 5.03(f) and (g) of the Proposed but in practice the approach of the General information.’’ However, the commenter Rules were modified to allow a Hearing Offi- Counsel is to provide notification well in ad- wanted the Executive Director to go further cer to dismiss a complaint after with- vance. The employing offices usually provide and include other security information, such drawal—with or without prejudice. Several an escort for access and assistance during as ‘‘sensitive but unclassified’’ information, commenters objected to this change. One the inspection. The General Counsel has even and to address how OOC will protect all secu- commenter suggested such a dismissal be rescheduled an inspection when no escort rity information it encounters during all with prejudice only, another suggested the shows. The General Counsel’s periodic in- stages of the OSH inspection process. The Board identify factors a Hearing Officer spection calendars are provided to employing Executive Director does not believe the Pro- must consider when dismissing a complaint offices at the beginning of each Congress and cedural Rules are the place for setting forth or permitting a complainant to re-file, and posted on the OOC’s website. OOC’s safeguards and internal handling pro- another suggested the language be modified The same commenter asked the Executive cedures for security information. The ref- to clarify that a Hearing Officer cannot ex- Director to revise section 4.03(a)(1) to reflect erence to 2 U.S.C. § 1979 was an effort to use pand a complainant’s time to file a com- the General Counsel’s practice of providing an established definition of security infor- plaint—and that a complaint that would oth- advance notice of an inspection and the mation that applies to the Legislative erwise be time-barred under section 404 may scheduling of a pre-inspection opening con- Branch, rather than leaving it to the OOC to not be re-filed. ference. The current language requires that decide what is security information. A docu- While it is clear that a withdrawal of a the General Counsel provide a copy of the ment marked as classified or sensitive but complaint with or without prejudice cannot notice of violation to the employing office unclassified by the classifying or originating be used to extend the statutory time frame, ‘‘no later than at the time of inspection.’’ entity will be handled accordingly. the Executive Director has added language The commenter also asked the Executive Di- to the Adopted Rules indicating that the au- rector to revise section 4.06(a), which states SUBPART E—COMPLAINTS thority of the Hearing Officer is consistent that advance notice of inspections may not Commenters suggested deleting newly pro- with section 404 of the CAA. be given except under the situations listed in posed language in section 5.01(b)(1) that Section 5.03(h) was added in the Proposed (a)(1) through (4). The Executive Director would permit the Executive Director to re- Rules requiring a representative to provide agrees that the practice of the General Coun- turn a complaint that was filed prematurely, sufficient notice to the Hearing Officer and sel has defaulted to giving advance notice, as without prejudice. The commenters asserted the parties of his or her withdrawal in a mat- opposed to not giving advance notice. How- that the provision is unfair to employing of- ter, and clarifying that the employee will be ever, flexibility is still needed to inspect fices and places the Executive Director in considered pro se until another representa- without advance notice, usually for exigent the position of giving legal advice to com- tive has been designated in writing. Com- circumstances. In such situations, and under plainants. menters suggested that the Board define the 2004 Procedural Rules, the General Coun- The Office disagrees that allowing a com- plainant to cure a defect in their filing is im- what is meant by ‘‘sufficient’’ notice. sel need not first persuade an employing of- The Office recognizes that with respect to proper, and has added language giving the fice that the matter falls under an exception the conduct of a hearing, the Hearing Officer Executive Director discretion to return all to advance notice. is in the best position to determine what The commenter also suggested that the early filed Complaints to the complaining constitutes sufficient notice under the cir- Executive Director revise section 4.11 on Ci- employee for filing within the prescribed pe- cumstances, and so must have flexibility in tations to reflect other processes used by riod, and with an explanation of the applica- making determinations. Therefore, the Exec- OOC, such as the Serious Deficiency Notice ble time limits. It is clear that no complaint utive Director declines to make the changes and case reports, adding that the General will be processed until it is timely. Giving as requested. Counsel rarely issues citations and does not the Executive Director the discretion to re- issue de minimis violations. The commenter turn a complaint in these circumstances SUBPART F—DISCOVERY AND SUBPOENAS asked that the Executive Director change does not give the Executive Director the au- In general, several commenters asserted section 4.12 on Imminent Danger to include thority to process a complaint that is filed that Proposed Procedural Rules sections OOC’s use of the Serious Deficiency Notice; prematurely. 2.03(e)(l), 6.01(a), and 6.02(a) are invalid to the change section 4.14 to require the General In comments to section 5.01(g) of the pro- extent that they would limit the availability Counsel to notify the employing office that posed regulations, commenters suggested of OOC employees and records in the dis- it failed to correct a violation before the that a respondent be permitted to file a mo- covery process, because there is no statutory General Counsel files a complaint, rather tion to dismiss in lieu of an answer. They ex- basis for this evidentiary privilege. than having the notification be optional; and plained that the rule should give the Hearing The Executive Director believes that the change section 4.25 on applications for tem- Officer discretion to allow a respondent to CAA’s confidentiality requirements found in porary variances and other relief to include file a motion to dismiss in lieu of an answer. section 416 of the CAA confer upon the Office the Request for Modification of Abatement Otherwise, a party will be forced to waste re- the obligation to safeguard the confiden- process used by the General Counsel. sources responding to a complaint that may tiality of such information. Accordingly, to The suggested changes regarding notifica- be dismissed or significantly altered by a ensure that its intention to safeguard con- tion of inspections, citations, imminent dan- Hearing Officer’s ruling on the motion to dis- fidential information is clear, the Executive ger, notification before filing a complaint, miss. They conclude that filing a motion to Director declines to make any changes in the and applications for temporary variances/re- dismiss should suspend the obligation to file A Rules to these sections. quests for modification of abatement, were an answer. In the Proposed Rules section 6.01(b) lan- raised by the commenter, not in response to The Office declines to make this change in guage about initial disclosure was modified any changes the Executive Director proposed the Adopted Rules, believing that a direct re- to specify that information, including wit- in the NPRM. The Executive Director is sponse to the allegations is vital, and any ness lists and discovery documents, must be therefore reluctant to discuss them without party wishing to file a motion to dismiss in provided to the opposing party within 14 further notice and opportunity to comment addition to an answer may do so. While a days of a pre-hearing conference. A com- for all stakeholders. While the processes of motion to dismiss option was added to the menter suggested that this rule places an un- the General Counsel that have developed Proposed Procedural Rules because many fair burden on employing offices who should since 2004 in these areas are not wholly re- stakeholders indicated that they would like not be required to turn over witness lists and flected in the Procedural Rules, they are not to see it added, this language was not in- discovery documents without a request. inconsistent with the Rules or with the au- tended to replace the filing of an answer. The Office believes that, given the limited thorities granted to the General Counsel When there is no adverse action like a re- time between the filing of a complaint and

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6364 CONGRESSIONAL RECORD — SENATE November 15, 2016 opening of the hearing, this requirement and service providers acting in their official provision has been deleted from the Adopted should be kept as proposed because it will capacities, and confidential case-related doc- Rules. promote the prompt and fair exchange of in- uments maintained by the OOC, cannot be Section 7.02(b)(4) of the Proposed Rules formation and reduce delay in the pro- subpoenaed. In addition, the rules clarify permits a Hearing Officer to dismiss a frivo- ceedings. This process should not pose an un- that employing offices must make their em- lous claim. One commenter suggested that fair burden on employing offices because of ployees available for discovery and hearings this rule be modified to make it clear that, the ready availability of the information to without a subpoena. One commenter re- when a respondent has moved to dismiss a the employing office. quested that an employing office only be re- claim on the grounds that it is frivolous, no One commenter expressed concern that the quired to make available witnesses under answer should be required to be filed and no changes proposed to section 6.01(c), permit their control during actual work hours and discovery taken ‘‘unless and until the mo- the parties to engage in ‘‘reasonable pre- work shifts on the day of the hearing and, tion is denied.’’ Another commenter sug- hearing discovery,’’ without defining what otherwise, that subpoenas be used. Another gested that allegations that a claim is frivo- types of discovery are reasonable, or the vol- commenter suggested the provision be re- lous be resolved through a motion to dis- ume of discovery that is appropriate, given vised to state: ‘‘Employing offices shall miss, referenced in section 5.01(g). the limited time involved in the process. The make reasonable efforts to make their man- As stated previously, the Executive Direc- language in the 2004 Procedural Rules, per- agement-level employees available for dis- tor is declining to delete the requirement mitting discovery only as authorized by the covery and hearing without requiring a sub- that an answer be filed in all complaint pro- Hearing Officer was more equitable because poena.’’ ceedings. Moreover, the Office recognizes the Hearing Officer had greater control over Often, the timing and pacing of a hearing that a claim alleging that a matter is frivo- the proceedings, and better ability to pre- depends on the availability of witnesses. The lous may always be subject to a motion to vent discovery abuses, or the use of delay Executive Director believes that it is impor- dismiss and the Hearing Officer has the dis- tactics. Additionally, application of the Fed- tant that the parties willingly commit to the cretion to move the case as appropriate. eral Rules of Civil Procedure to the types hearing process to ensure the most efficient Therefore, qualifying language need not be and volume of discovery may be helpful to and equitable outcome possible. By requiring included in these rules. In order to clarify the parties’ understanding of the process. employing offices to make their employees one point, the Office has added language in- This comment misapprehends the Hearing available without a subpoena, the purpose of dicating that a Hearing Officer may dismiss Officer’s authority. Section 405(e) of the CAA the Proposed Rule was to ensure that em- a claim, sua sponte, for the filing of a frivo- provides that ‘‘[r]easonable prehearing dis- ployees will be readily available when called lous claim. covery may be permitted at the discretion of as witnesses, therefore reducing the adminis- Some commenters noted that the CAA did the hearing officer.’’ The authority is there- trative burdens on the parties, the Hearing not authorize each of the remedies for failure fore permissive, not restrictive. It has al- Officer, and the Office. to maintain confidentiality under section ways been the policy of the Office to encour- 7.02(b)(5). While the Hearing Officer is au- SUBPART G—HEARINGS age early and voluntary exchange of relevant thorized to issue a decision under section 405, information and the Rules, as amended, As a general comment, one commenter the commenters note that Congress did not allow a hearing officer to authorize dis- stated that it was unclear what authority authorize remedies for breach of confiden- covery, but do not mandate it. under the CAA the Board of Directors was tiality. Accordingly, the Board of Directors One commenter suggested that section utilizing to authorize a Hearing Officer to of the Office of Compliance is required to 6.01(c)(1) be modified to state that, when a issue sanctions under sections 7.02 and seek a statutory correction should it desire motion to dismiss is filed, discovery is 7.12(b). The commenter maintained that to provide remedies for breach of confiden- stayed until the Hearing Officer has ruled on sanctions are not authorized under the CAA tiality. Where Congress sought to provide a the motion. and, thus, Procedural Rules incorporating remedy under the CAA, it specifically incor- The Executive Director declines to make substantive provisions are beyond the scope porated it. Compare 2 U.S.C. 1313(b), 2 U.S.C. this modification. As noted above, because of authority permitted under the CAA. The 1314(b), 2 U.S.C. 1317(b), and 2 U.S.C. 1331(c) the time frames in the hearing process are commenter further suggested that because incorporating a remedy provision with the limited, requiring that discovery be stayed sanctions provisions affect the rights of the absence of a remedy provision in 2 U.S.C. until there is a ruling on a motion to dismiss parties, they are substantive in nature and 1416. could take up valuable time. In any event, the appropriate avenue should a substantive For the reasons below, the Office declines the Hearing Officer should have the most sanctions provision be requested is to pursue to delete this section. The CAA does provide flexibility to make a decision to stay dis- a statutory amendment to the CAA. for sanctions and remedies for the failure to covery depending on the circumstances of The Executive Director disagrees. It is maintain confidentiality. Under the Office of each case. clear that a Hearing Officer has the ability Compliance Administrative and Technical Section 6.01(d)(1) of the Proposed Rules to use sanctions to run an orderly and proper Corrections Act of 2015, section 2 U.S.C. provides: ‘‘A party must make a claim for hearing. Moreover, the CAA provides this au- 1416(c) of the CAA was amended to: ‘‘The Ex- privilege no later than the due date for the thority. Thus, under section 405(d) of the ecutive Director shall notify each person production of the information.’’ One com- CAA, the Hearing Officer is required to con- participating in a proceeding or deliberation menter suggested that a claim for privilege duct the hearing in ‘‘accordance with the to which this subsection applies of the re- belongs to a party and cannot be waived ex- principles and procedures set forth in section quirements of this subsection and of the sanc- cept by the party. Thus, section 6.01(d)(1) 554 through 557 of title 5.’’ Specifically, tions applicable to any person who violates the cannot place a limitation on a party’s right under 5 U.S.C.557: ‘‘The record shall show the requirements of this subsection.’’ (Emphasis to assert a privilege and would be incon- ruling on each finding, conclusion, or excep- added.) sistent with the inadvertent disclosure iden- tion presented. All decisions, including ini- Section 7.07 gives the Hearing Officer dis- tified in section 6.01(d)(2). As an example, the tial, recommended, and tentative decisions, cretion when a party fails to appear for hear- commenter notes that one may have inad- are a part of the record and shall include a ing. One commenter suggested that the rule vertently disclosed privileged information on statement of . . . the appropriate rule, order, be amended to require the complainant to the last day of discovery which would re- sanction, relief, or denial thereof.’’ Further, appear at hearings. quire that it be returned or destroyed in ac- under section 405(g) of the CAA, ‘‘the hearing The rule, as written, is intended to allow cordance with section 6.01(d)(2). However, if officer shall issue a written decision [that] the Hearing Officer discretion to determine the privilege was not asserted on the last shall . . . contain a determination of wheth- when the presence of a party is required for day of discovery, the Procedural Rules would er a violation has occurred and order such the proceeding to move forward. allow the opposing party to keep the inad- remedies as are appropriate pursuant to sub- With respect to sections 7.13(d) and (e), one vertently disclosed documents. Thus, by lim- chapter II of this chapter.’’ commenter noted that these sections ‘‘pur- iting the timing of the asserted privilege, a Another comment in this area pointed to port to limit the availability of interlocu- conflict is created between sections 6.01(d)(1) section 7.02(b)(1)(G) of the 2004 Rules that au- tory appeals’’, and section 8.01(e) purports to and 6.01(d)(2). thorizes a Hearing Officer to ‘‘order that the limit the availability of judicial review. Be- The Office is not attempting, by this rule, non-complying party, or the representative cause these issues should be addressed by to place a limit on a party’s right to assert advising that party, pay all or part of the at- substantive rulemaking, these proposed Pro- a privilege, but rather to ensure that if a torney’s fees and reasonable expenses of the cedural Rules are invalid and should not be party intends to assert a privilege it does so other party or parties or of the Office, caused adopted. in a timely way. Until a privilege is asserted, by such non-compliance, unless the Hearing These provisions are not substantive, but the assumption is that the information is Officer or the Board finds that the failure are procedural. Therefore no changes need to not privileged. Therefore, this rule is not in- was substantially justified or that other cir- be made. Thus, under the Proposed Rules, consistent with section 6.01(d)(2) that re- cumstances make an award of attorney’s fees the time within which to file an interlocu- quires that information that has been and/or expenses unjust.’’ tory appeal is described in section 7.13(b); claimed as privileged and inadvertently dis- The Office notes that because section 415 of section 7.13(c) provides the standards upon closed be returned or destroyed, even if dis- the CAA requires that only funds appro- which a Hearing Officer determines whether closed on the last day of discovery. priated to an account of the Office in the to forward a request for interlocutory review Section 6.02(a) was modified in the Pro- Treasury may be used for the payment of to the Board; and section 7.13(d) provides posed Rules to clarify that OOC employees awards and settlements under the CAA, this that the decision of the Hearing Officer to

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6365 forward or decline to forward a request for homa, 273 U.S. 257, 259–260 (1927); Bowles v. 2 U.S.C. § 1408, 1415(a). The Executive Direc- review is not appealable. The Office’s rule Wilke, 175 F.2d 35. 38–39 (7th Cir. 1949), the tor believes that the holding in Hamilton- permitting the Hearing Officer to determine commenter noted that the CAA ‘‘dem- Hayyim is contrary to the clear intent of the whether a question should be forwarded to onstrates a congressional mandate . . . to CAA which is to hold Legislative Branch em- the Board is consistent with judicial prac- end any employment action liability of that ploying offices, not Members, accountable tice, and the Board retains discretion wheth- respective Member’s personal office’’ at the for violations of specific labor and employ- er or not to entertain the appeal. Under 28 time the Member leaves office. Hamilton- ment laws. Because an employing office does USC 1292(b): Hayyim, 2014 WL 1227243 at *2.10 When a Hear- not cease to exist for purposes of suit under When a district judge, in making in a civil ing Officer becomes aware that a Member’s the CAA when a Member leaves office, the action an order not otherwise appealable personal office ceases to exist, the Rules Executive Director declines to make the change suggested. under this section,1 shall be of the opinion should provide that the Hearing Officer will that such order involves a controlling ques- dismiss the case, sua sponte. SUBPART I—OTHER MATTERS OF GEN- For the reasons stated herein, the Office tion of law as to which there is substantial ERAL APPLICABILITY disagrees with this interpretation and the ground for difference of opinion and that an One commenter stated that section 9.01(a) Executive Director declines to provide such immediate appeal from the order may mate- is unclear as to what is meant by a ‘‘decision a rule, leaving it to the Hearing Officer or rially advance the ultimate termination of of the Office.’’ If the procedural rule is Board to make the determination on the the litigation, he shall so state in writing in meant to be a decision of the Board of Direc- issue. An ‘‘employing office’’ does not cease such order. The Court of Appeals which tors of the Office of Compliance, the rule to exist when a Member resigns or otherwise would have jurisdiction of an appeal of such should be clarified. The definition of a final leaves office. The clear intent of the CAA is action may thereupon, in its discretion, per- decision of the Office can be found in sec- to subject the Legislative Branch to liability 2 3 mit an appeal to be taken from such order, if tions 405(g) and 406(e) of the CAA. There- for violation of federal employment laws, application is made to it within ten days fore no further revisions are necessary. not to subject Members personally to such li- There were comments to section 9.02(c)(2) after the entry of the order: Provided, how- ability. 2 U.S.C. § 1302. Moreover, a Member of the Proposed Rules asking for clarifica- ever, that application for an appeal here- is not directly involved in the litigation, as tion of the circumstances under which the under shall not stay proceedings in the dis- Congress’s attorneys defend the action and Office or a Hearing Officer would initiate trict court unless the district judge or the have the ultimate authority to make litiga- settlement discussions once the mediation Court of Appeals or a judge thereof shall so tion decisions. Id. § 1408(d). Additionally, period has ended. The Office sees no reason order. there is no financial risk to a Member, as to change the language. As there are many There were several comments on section any monetary settlement or award is paid situations that can come up in hearing 7.15(a) of the Proposed Regulations regarding from a statutory fund. Id. § 1415(a). where a Hearing Officer may conclude that the closing of the record of the hearing. One Courts considering this issue have reached the parties are interested in discussing set- commenter noted that the OOC should iden- this same conclusion. In Hanson v. Office of tlement, the decision as to whether to ini- tify what factors or guidance a Hearing Offi- Senator Mark Dayton, 535 F. Supp. 2d 25 tiate settlement discussions should be left up cer must follow in determining the amount (D.D.C. 2008), the court found no ambiguity to the Office or Hearing Officer as cir- of time that the record is to remain open. as to the meaning of the term ‘‘employing cumstances dictate. Another commenter objected to allowing any office’’ and opined that although the CAA de- One commenter noted that Proposed Pro- documents to be entered into the record fines ‘‘employing office’’ as the personal of- cedural Rule § 9.03(d) would give the Execu- after the close of a hearing. fice of a Member, there is absolutely no indi- tive Director sole authority to resolve al- A complete record is essential to a deter- cation in the CAA or elsewhere that Con- leged violations of settlement agreements, in mination by the Hearing Officer. The Hear- gress intended the naming device to insulate the event that the parties do not agree on a ing Officer is in the best position to deter- former Congressional offices from suit under method for resolving disputes. There is noth- mine how long the record should be kept the CAA. The court therefore expressly held ing in the CAA that gives the Executive Di- open and what information is most relevant that the expiration of a Senator’s term did rector the authority to resolve contractual to creating a complete record upon which to not moot or abate the lawsuit. Indeed, the disputes, and this rule should not be adopted. issue a decision. Because the Hearing Officer term ‘‘employing office’’ is merely ‘‘an orga- The Office notes that the rule specifically should be accorded appropriate discretion, nizational division within Congress, estab- states that the Office may provide assistance the Executive Director sees no reason to lished for Congress’s administrative conven- in resolving the dispute, including the serv- make the changes noted. ience, analogous to a department within a ices of a mediator and that allegations of a There were several comments to section large corporation’’ and the term exists solely breach of a settlement will be reviewed, in- 7.16 concerning sufficient time to respond to ‘‘to be named as a defendant in [CAA] ac- vestigated, or mediated as appropriate. It motions. One commenter recommended that tions.’’ Fields v. Office of Eddie Bernice John- does not say that the Executive Director will a provision be added to the Rules stating son, 459 F. 3d 1, 27–29 (D.C. Cir. 2006); see resolve those alleged violations, but rather, that a Hearing Officer shall provide a party Bastien v. Office of Senator Ben Nighthorse assist the parties in doing so. One commenter noted that proposed Proce- at least two business days to respond to a Campbell, No. 01–cv–799, 2005 WL 3334359, at dural Rule § 9.04 states that, after a settle- written motion. Another commenter rec- *4, (D. Colo. Dec. 5, 2005) (‘‘[T]he term ‘em- ment agreement has been approved by the ommended that a rule be adopted that ex- ploying office’ actually refers to Congress Executive Director, ‘‘[n]o payment shall be pressly permits the hearing to be opened just and Congress is the responsible entity under made from such account until the time for for purposes of arguing a dispositive motion, the CAA.’’), quoted in 454 F.3d 1072, 1073 (10th appeal of a decision has expired.’’ This rule such as a motion to dismiss, thereby allow- Cir. 2006). should clarify that it does not apply to set- To the extent that the commenter dis- ing the parties to avoid spending time and tlements reached in the absence of a ‘‘deci- agrees with the above explanation and relies resources when a case can be dismissed be- sion’’ that may be appealed. cause it is frivolous or because it fails to on Hamilton-Hayyim v. Office of Congressman The Office has clarified section 9.04 in the state a claim. Jesse Jackson, Jr., No. 12–c–6392, 2014 WL Amended Rules and included language that The Executive Director does not believe 1227243 (N.D. Ill. Mar. 25, 2014), it is the belief indicates that this rule does not apply to sit- that any revisions are required to this sec- of the Office that the case misapplied clearly uations where a settlement has been reached tion. As the time frames under the CAA for established law as described above and and there is no decision that could be ap- the issuance of the decision of a Hearing Of- should not affect the Procedural Rules. Ham- pealed. ficer are very short (a decision must be ilton-Hayyim conflates the issue of successor EXPLANATION REGARDING THE TEXT OF THE issued within 90 days of the end of the hear- or continuing liability under Rule 25(d) of PROPOSED AMENDMENTS: ing), it is crucial that the Hearing Officer be the Federal Rules of Civil Procedure with accorded the most discretion in conducting the role of an ‘‘employing office’’ in a suit Material from the 2004 version of the Rules under the CAA. As grounds for its holding, is printed in roman type. The text of the the hearing. ƒ One commenter suggested that the Rules the court in Hamilton-Hayyim found that a adopted amendments shows deletions in italicized type within bold italics brackets≈ and include directions to Hearing Officers to sua suit against an employing office becomes Only subsections of sponte dismiss abated cases. The commenter moot or abates upon the resignation of a added text in underlined bold. the Rules that include adopted amendments maintained that when a Member of the Member because Congress did not statutorily are reproduced in this NOTICE. The inser- House of Representatives leaves office, the create successor liability which infers that tion of a series of small dots (.....) indi- Member’s personal office ceases to exist and ‘‘Congress certainly does not want to burden cates additional, un-amended text within a the case abates. Citing Hamilton-Hayyim v. a new Member with the liability of a former Office of Congressman Jackson, Case No. 12–C– Member.’’ Id. at *2. This rationale does not 6392, 2014 WL 1227243 (N.D. 111. Mar. 25, 2014); comport with the CAA. There is no burden 2 Section 405 Complaint and Hearing, (g) Decision. accord Oklahoma Natural Gas Co. v. Okla- on a new Member resulting from an existing ‘‘. . . If a decision is not appealed under section 1406 action against a former Member under the of this title to the Board, the decision shall be con- sidered the final decision of the Office.’’ 1 Orders other than ‘‘[i]nterlocutory orders . . . CAA because the obligation to provide a 3 Section 406 Appeal to the Board, (e) Decision. granting, continuing, modifying, refusing or dis- legal defense rests with the Office of House ‘‘. . . A decision that does not require further pro- solving injunctions, or refusing to dissolve or mod- Employment Counsel and any resulting fi- ceedings before a hearing officer shall be entered in ify injunctions. . . .’’ nancial responsibility is paid through a fund. the records of the Office as a final decision.’’

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6366 CONGRESSIONAL RECORD — SENATE November 15, 2016 section has not been reproduced in this docu- resentatives, or another official designated suring that the Office always has their current postal ment. The insertion of a series of asterisks by the House of Representatives, or any em- mailing and e-mail addresses and FAX numbers. (*****) indicates that the un-amended ployment position in an entity that is paid ..... text of entire sections of the Rules have not with funds derived from the clerk-hire allow- (2) ƒMailing≈ By Mail. been reproduced in this document. For the ance of the House of Representatives, but ƒ(i) If mailed, including express, overnight text of other portions of the Rules which are not any such individual employed by any en- and other expedited delivery, a request for medi- not proposed to be amended, please access tity listed in subparagraphs ƒ(3)≈ (2) through ation or a complaint is deemed filed on the date the Office of Compliance web site at (9) of paragraph (b) above. of its receipt in the Office.≈ ƒ(ii) A document,≈ www.compliance.gov. (g) Employee of the Senate. The term ‘‘em- Documents, ƒother than a request for mediation, ADOPTED AMENDMENTS ployee of the Senate’’ includes any employee or a complaint, is≈ are deemed filed on the whose pay is disbursed by the Secretary of ƒ ≈ SUBPART A—GENERAL PROVISIONS date of its their postmark or proof of mail- the Senate, but not any such individual em- ing to the Office. Parties, including those § 1.01 Scope and Policy ployed by any entity listed in subparagraphs using franked mail, are responsible for en- § 1.02 Definitions (1) and (3) through (9) of paragraph (b) above. suring that any mailed document bears a § 1.03 Filing and Computation of Time (h) Employing Office. The term ‘‘employing postmark date or other proof of the actual § 1.04 ƒAvailability of Official Information≈ office’’ means: date of mailing. In the absence of a legible Filing, Service, and Size Limitations of Motions, postmark a document will be deemed timely Briefs, Responses and Other Documents ..... ƒ ≈ (4) the ƒCapitol Guide Service≈ Office of Con- filed if it is received by the Office at Adams § 1.05 Designation of Representative Signing Building, Room LA 200, 110 Second Street, of Pleadings, Motions and Other Filings; Violation gressional Accessibility Services, the Capitol Po- lice, the Congressional Budget Office, the Of- S.E., Washington, D.C. 20540–1999, by mail of Rules; Sanctions within five (5) days of the expiration of the § 1.06 ƒMaintenance of Confidentiality≈ Avail- fice of the Architect of the Capitol, the Of- fice of the Attending Physician, and the Of- applicable filing period. ability of Official Information (3) By FAX ƒFaxing Documents.≈ Documents ƒ ≈ fice of Compliance; or § 1.07 Breach of Confidentiality Provisions transmitted by FAX machine will be deemed Designation of Representative (5) for the purposes stated in paragraph ƒ(q)≈ of this section, the ƒGeneral Account- filed on the date received at the Office at (r) ƒ § 1.08 Confidentiality ing≈ Office and the 202–426–1913, or , in the case of any document Government Accountability ≈ § 1.01 Scope and Policy. Library of Congress to be filed or submitted to the General Counsel, on the date received at the Office of the Gen- These rules of the Office of Compliance ...... govern the procedures for consideration and eral Counsel at 202–426–1663 if received by 5:00 (j) Designated Representative. The term ‘‘designated resolution of alleged violations of the laws PM Eastern Time. Faxed documents received after representative’’ means an individual, firm, or other made applicable under Parts A, B, C, and D 5:00 PM Eastern Time will be deemed filed the fol- entity designated in writing by a party to represent the A FAX filing will be timely of title II of the Congressional Account- lowing business day. interests of that party in a matter filed with the Office. only if the document is received no later than ability Act of 1995. The rules include defini- 5:00 PM Eastern Time on the last day of the tions, procedures for counseling, mediation, ..... applicable filing period. Any party using a and for electing between filing a complaint —Re-letter subsequent paragraphs— FAX machine to file a document bears the with the Office of Compliance and filing a ƒ(o)≈(p) General Counsel. The term ‘‘General responsibility for ensuring both that the doc- civil action in a district court of the United Counsel’’ means the General Counsel of the ument is timely and accurately transmitted States . The rules also ad- under Part A of title II Office of Compliance and any authorized rep- and confirming that the Office has received a dress the procedures for compliance, investiga- resentative or designee of the General Counsel. facsimile of the document. ƒThe party or indi- tion, and enforcement under Part B of title II, ƒ(p)≈(q) Hearing Officer. The term ‘‘Hearing vidual filing the document may rely on its FAX ƒ ≈ variances and for compliance, investiga- Officer’’ means any individual ødesignated¿ status report sheet to show that it filed the doc- ƒ ≈ tion, and enforcement, and variance under appointed by the Executive Director to preside ument in a timely manner, provided that the ƒ ≈ Part C of title II. The rules include and proce- over a hearing conducted on matters within status report indicates the date of the FAX, the dures for the conduct of hearings held as a the Office’s jurisdiction. receiver’s FAX number, the number of pages in- result of the filing of a complaint and for ap- ƒ(q)≈(r) Coverage of the ƒGeneral Account- cluded in the FAX, and that transmission was peals to the Board of Directors of the Office ing≈ Government Accountability Office and the Li- completed.≈ The time displayed as received by the of Compliance from Hearing Officer deci- brary of Congress and their Employees. The Office on its FAX status report will be used to show sions, as well as other matters of general ap- term ‘‘employing office’’ shall include the the time that the document was filed. When the Office plicability to the dispute resolution process ƒGeneral Accounting≈ Government Accountability serves a document by FAX, the time displayed as sent and to the operations of the Office of Compli- Office and the Library of Congress, and the by the Office on its FAX status report will be used to ance. It is the policy of the Office that these term ‘‘covered employee’’ shall include em- show the time that the document was served. A FAX rules shall be applied with due regard to the ployees of the ƒGeneral Accounting≈ Govern- filing cannot exceed 75 pages, inclusive of table of con- rights of all parties and in a manner that ex- ment Accountability Office and the Library tents, table of authorities, and attachments. Attach- pedites the resolution of disputes. of Congress, for purposes of the proceedings ments exceeding 75 pages must be submitted to the § 1.02 Definitions. and rulemakings described in subparagraphs Office in person or by electronic delivery. The date of Except as otherwise specifically provided (1) and (2): filing will be determined by the date the brief, motion, in these rules, for purposes of this Part: ..... response, or supporting memorandum is received in the Office, rather than the date the attachments, were ..... § 1.03 Filing and Computation of Time received in the Office. (b) Covered Employee. The term ‘‘covered (a) Method of Filing. Documents may be (4) By Electronic Mail. Documents transmitted elec- employee’’ means any employee of filed in person, electronically, by facsimile (FAX), tronically will be deemed filed on the date received at ..... or by mail, including express, overnight and the Office at [email protected], or on the date (3) the ƒCapitol Guide Service≈ Office of Con- other expedited delivery. ƒWhen specifically received at the Office of the General Counsel at gressional Accessibility Services; requested by the Executive Director, or by a [email protected] if received by 5:00 PM Eastern (4) the Capitol Police; Hearing Officer in the case of a matter pending Time. Documents received electronically after 5:00 PM before the Hearing Officer, or by the Board of ..... Eastern Time will be deemed filed the following busi- Directors in the case of an appeal to the Board, ness day. An electronic filing will be timely only if the (9) for the purposes stated in paragraph (q) any document may also be filed by electronic of this section, the ƒGeneral Accounting≈ document is received no later than 5:00 PM Eastern transmittal in a designated format, with receipt Time on the last day of the applicable filing period. Government Accountability Office or the Library confirmed by electronic transmittal in the same of Congress. Any party filing a document electronically bears the format. Requests for counseling under section responsibility for ensuring both that the document is ..... 2.03, requests for mediation under section 2.04 timely and accurately transmitted and for confirming (d) Employee of the Office of the Architect of and complaints under section 5.01 of these rules that the Office has received the document. The time the Capitol. The term ‘‘employee of the Office may also be filed by facsimile (FAX) trans- displayed as received or sent by the Office will be of the Architect of the Capitol’’ includes any mission. In addition, the Board or a Hearing Of- based on the document’s timestamp information and employee of the Office of the Architect of ficer may order other documents to be filed by used to show the time that the document was filed or the Capitol, or the Botanic Garden ƒor the FAX. The original copies of documents filed by served. Senate Restaurants≈. FAX must also be mailed to the Office no later (b) Service by the Office. At its discretion, the Office (e) Employee of the Capitol Police. The term than the day following FAX transmission.≈ The may serve documents by mail, FAX, electronic trans- ‘‘employee of the Capitol Police’’ includes ci- filing of all documents is subject to the limi- mission, or personal or commercial delivery. vilian employees and any member or officer tations set forth below. The Board, Hearing Offi- ƒ(b)≈(c) Computation of Time. All time peri- of the Capitol Police. cer, the Executive Director, or the General Counsel ods in these rules that are stated in terms of (f) Employee of the House of Representatives. may, in their discretion, determine the method by days are calendar days unless otherwise The term ‘‘employee of the House of Rep- which documents may be filed in a particular pro- noted. However, when the period of time pre- resentatives’’ includes an individual occu- ceeding, including ordering one or more parties to use scribed is five (5) days or less, intermediate pying a position the pay for which is dis- mail, FAX, electronic filing, or personal delivery. Par- Saturdays, Sundays, ƒand≈ federal govern- bursed by the Clerk of the House of Rep- ties and their representatives are responsible for en- ment holidays, and other full days that the Office

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6367 is officially closed for business shall be excluded in Board, the Executive Director, or Hearing Offi- Executive Director has consulted with the the computation. To compute the number of cer may ƒwaive, raise or reduce≈ modify this individual filing the complaint at issue, and days for taking any action required or per- limitation upon motion and for good cause until a final decision has been entered under mitted under these rules, the first day shall shown; or on ƒits≈ their own initiative. Briefs, section 405(g) or 406(e) of the Act. be the day after the event from which the motions, responses, and supporting memo- ƒ§ 1.05≈ § 1.07 Designation of Representative. time period begins to run and the last day randa shall be on standard letter-size paper (a) ƒAn employee, other charging individual ″ ″ for filing or service shall be included in the (8-1/2 x 11 ). To the extent that such a filing exceeds or≈ A party ƒa witness, a labor organization, computation. When the last day falls on a 35 double-spaced pages, the Hearing Officer, Board, an employing office, or an entity alleged to be ƒ ≈ Saturday, Sunday, or federal government or Executive Director may, in their discretion, reject responsible for correcting a violation≈ wishing holiday, or a day the Office is officially closed, the the filing in whole or in part, and may provide the to be represented ƒby another individual,≈ last day for taking the action shall be the parties an opportunity to refile. must file with the Office a written notice of next regular federal government workday. ƒ§ 9.02≈ § 1.05 Signing of Pleadings, Motions designation of representative. No more than one ƒ(c)≈(d) Time Allowances for Mailing, Fax, or and Other Filings; Violation of Rules; Sanc- representative, ƒor≈ firm, or other entity may be des- Electronic Delivery of Official Notices. Whenever a tions. ignated as representative for a party for the purpose person or party has the right or is required (a) Signing. Every pleading, motion, and of receiving service, unless approved in writing by the to do some act within a prescribed period other filing of a party represented by an at- Hearing Officer or Executive Director. The rep- after the service of a notice or other docu- torney or other designated representative resentative may be, but is not required to be, ment upon him or her and the notice or doc- shall be signed by the attorney or represent- an attorney. If the representative is an attorney, he ument is served by ƒregular, first-class≈ mail, ative. A party who is not represented shall or she may sign the designation of representative on five (5) days shall be added to the prescribed sign the pleading, motion or other filing. In behalf of the party. period. ƒOnly two (2) days shall be added if a the case of an electronic filing, an electronic signature (b) Service Where There is a Representative. document is served by express mail or other form is acceptable. The signature of a representative ƒAll service≈ Service of documents shall be ƒdi- of expedited delivery.≈ When documents are or party constitutes a certificate by the rected to≈ on the representative unless and served by certified mail, return receipt re- signer that the signer has read the pleading, until such time as the represented ƒindividual, quested, the prescribed period shall be cal- motion, or other filing; that to the best of labor organization, or employing office≈ party or culated from the date of receipt as evidenced the signer’s knowledge, information, and be- representative, with notice to the party, ƒspecifies by the return receipt. When documents are lief formed after reasonable inquiry, it is otherwise and until such time as that indi- served electronically or by FAX, the prescribed period well grounded in fact and is warranted by ex- vidual, labor organization, or employing office≈ shall be calculated from the date of transmission by isting law or a good faith argument for the notifies the Executive Director, in writing, of the Office. ƒan amendment≈ a modification or revocation of ƒ(d) Service or filing of documents by certified extension, modification, or reversal of exist- the designation of representative. Where a mail, return receipt requested. Whenever these ing law, and that it is not interposed for any designation of representative is in effect, all rules permit or require service or filing of docu- improper purpose, such as to harass or to time limitations for receipt of materials ƒby ments by certified mail, return receipt requested, cause unnecessary delay or needless increase the represented individual or entity≈ shall be such documents may also be served or filed by in the cost of litigation. (b) Sanctions. If a pleading, motion, or other computed in the same manner as for those who express mail or other forms of expedited delivery filing is not signed, it shall be stricken un- are unrepresented ƒindividuals or entities≈, in which proof of date of receipt by the ad- less it is signed promptly after the omission with service of the documents, however, di- dressee is provided.≈ is called to the attention of the person who rected to the representativeƒ, as provided≈. ƒ ≈ § 9.01 § 1.04 Filing, Service, and Size Limita- is required to sign. If a pleading, motion, or (c) Revocation of a Designation of Representative. A tions of Motions, Briefs, Responses and other filing is signed in violation of this rule, revocation of a designation of representative, whether Other Documents. a Hearing Officer or the Board, as appro- made by the party or by the representative with notice (a) Filing with the Office; Number and Format. priate, upon motion or upon ƒits≈ their own to the party, must be made in writing and filed with One copy of requests for counseling and mediation, re- initiative, ƒshall≈ may impose ƒupon the per- the Office. The revocation will be deemed effective the quests for inspection under OSH, unfair labor practice son who signed it, a represented party, or both,≈ date of receipt by the Office. At the discretion of the charges, charges under titles II and III of the ADA, an appropriate sanction, which may include Executive Director, General Counsel, Mediator, Hear- ƒone original and three copies of≈ all motions, ƒan order to pay to the other party or parties ing Officer, or Board, additional time may be pro- briefs, responses, and other documents must the amount of the reasonable expenses incurred vided to allow the party to designate a new representa- be filed ƒ,whenever required,≈ with the Office because of the filing of the pleading, motion, or tive as consistent with the Act. or Hearing Officer. ƒHowever, when a party other filing, including a reasonable attorney’s ƒ§ 1.06≈ § 1.08 ƒMaintenance of≈ Confiden- aggrieved by the decision of a Hearing Officer or fee. A Hearing Officer or the Board, as appro- tiality. a party to any other matter or determination re- priate, upon motion or its own initiative may (a) Policy.ƒIn accord with section 416 of the viewable by the Board files an appeal or other also impose an appropriate sanction, which may Act, it is the policy of≈ Except as provided in sec- submission with the Board, one original and include≈ the sanctions specified in section tions 416(d), (e), and (f) of the Act, the Office ƒto≈ seven copies of any submission and any re- 7.02ƒ, for any other violation of these rules that shall maintainƒ, to the fullest extent possible, sponses must be filed with the Office. The Of- does not result from reasonable error≈. the≈ confidentiality in counseling, medi- fice, Hearing Officer, or Board may also request ƒ§ 1.04≈ § 1.06 Availability of Official Informa- ation, and in ƒof≈ the proceedings and delib- ≈ ƒ ≈ a A party to submit may file an electronic tion. erations of Hearing Officers and the Board in ac- version of any submission in a ƒdesignated≈ (a) Policy. It is the policy of the Board, the cordance with sections 416(a), (b), and (c) of the Act. format designated by the Executive Director, Gen- ƒOffice≈ Executive Director, and the General ƒof the participants in proceedings conducted eral Counsel, Hearing Officer, or Board, with re- Counsel, except as otherwise ordered by the under sections 402, 403, 405 and 406 of the Act ceipt confirmed by electronic transmittal in Board, to make available for public inspec- and these rules.≈ the same format. tion and copying final decisions and orders of (b) ƒAt the time that any individual, employ- (b) Service. The parties shall serve on each ing office or party, including a designated rep- other one copy of all motions, briefs, re- the Board and the Office, as specified and de- scribed in paragraph (d) below. resentative, becomes a participant in counseling sponses and other documents filed with the under section 402, mediation under section 403, Office, other than the request for counseling, ..... the complaint and hearing process under section (c) Copies of Forms. Copies of blank forms the request for mediation and complaint. 405, or an appeal to the Board under section 406 prescribed by the Office for the filing of com- Service shall be made by mailing, by fax or e- of the Act, or any related proceeding, the Office plaints and other actions or requests may be mailing, or by hand delivering a copy of the will advise the participant of the confidentiality obtained from the Office motion, brief, response or other document to or on line at requirements of section 416 of the Act and these . each party, or if represented, the party’s rep- www.compliance.gov rules and that sanctions may be imposed for a resentative, on the service list previously ..... violation of those requirements.≈ Participant. For provided by the Office. Each of these docu- (f) Access by Committees of Congress. ƒAt the the purposes of this rule, participant means an indi- ments must be accompanied by a certificate discretion of the Executive Director, the≈ The vidual or entity who takes part as either a party, wit- of service specifying how, when and on whom Executive Director, at his or her discretion, may ness, or designated representative in counseling under service was made. It shall be the duty of provide to the ƒCommittee on Standards of Of- Section 402 of the Act, mediation under section 403, each party to notify the Office and all other ficial Conduct of the House of Representatives≈ the complaint and hearing process under section 405, parties in writing of any changes in the House Committee on Ethics and the ƒSelect Com- or an appeal to the Board under Section 406 of the names or addresses on the service list. mittee on Ethics of the Senate≈ U.S. Senate Select Act, or any related proceeding which is expressly or ..... Committee on Ethics access to the records of the by necessity deemed confidential under the Act or (d) Size Limitations. Except as otherwise hearings and decisions of the Hearing Offi- these rules. specified ƒby the Hearing Officer, or these cers and the Board, including all written and (c) Prohibition. Unless specifically authorized by the rules,≈ no brief, motion, response, or sup- oral testimony in the possession of the Of- provisions of the Act or by these rules, no participant porting memorandum filed with the Office fice. The identifying information in these in counseling, mediation or other proceedings made shall exceed 35 double-spaced pages, ƒor 8,750 records may be redacted at the discretion of confidential under Section 416 of the Act (‘‘confiden- words,≈ exclusive of the table of contents, the Executive Director. The Executive Direc- tial proceedings’’) may disclose a written or oral com- table of authorities and attachments. The tor shall not provide such access until the munication that is prepared for the purpose of or that

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6368 CONGRESSIONAL RECORD — SENATE November 15, 2016 occurs during counseling, mediation, and the pro- fidential proceedings for the limited purposes of under section 406 of the Act. No sanctions may ceedings and deliberations of Hearing Officers and the investigating claims, ensuring compliance with be imposed under this section except for good Board. the Act or preparing its prosecution or defense, cause and the particulars of which must be stat- (d) Exceptions. Nothing in these rules prohibits a to the extent that such disclosure is reasonably ed in the sanction order.≈ party or its representative from disclosing information necessary to accomplish the aforementioned SUBPART B—PRE-COMPLAINT PROCEDURES AP- obtained in confidential proceedings when reasonably purposes and provided that the party making PLICABLE TO CONSIDERATION OF necessary to investigate claims, ensure compliance with the disclosure takes all reasonably appropriate ALLEGED VIOLATIONS OF PART A OF the Act or prepare its prosecution or defense. How- steps to ensure that persons to whom the infor- TITLE II OF THE CONGRESSIONAL ever, the party making the disclosure shall take all mation is disclosed maintain the confidentiality ACCOUNTABILITY ACT OF 1995 reasonably appropriate steps to ensure that persons to of such information. § 2.01 Matters Covered by Subpart B whom the information is disclosed maintain the con- (c) Participant. For the purposes of this rule, § 2.02 Requests for Advice and Information fidentiality of such information. These rules do not participant means any individual or party, in- § 2.03 Counseling preclude a Mediator from consulting with the Office cluding a designated representative, that be- § 2.04 Mediation with permission from the party that is the subject of comes a participant in counseling under section § 2.05 Election of Proceedingƒs≈ the consultation, except that when the covered em- 402, mediation under section 403, the complaint § 2.06 ƒFiling of Civil Action≈ Certification of the ployee is an employee of the Office a Mediator shall and hearing process under section 405, or an ap- Official Record not consult with any individual within the Office who peal to the Board under section 406 of the Act, § 2.07 Filing of Civil Action might be a party or witness. These rules do not pre- or any related proceeding which is expressly or § 2.01 Matters Covered by Subpart B. clude the Office from reporting statistical information by necessity deemed confidential under the Act or these rules. (a) These rules govern the processing of to the Senate and House of Representatives. any allegation that sections 201 through 206 (e) Contents or Records of Confidential Proceedings. (d) Contents or Records of Confidential Pro- of the Act have been violated and any allega- For the purpose of this rule, the contents or records ceedings. For the purpose of this rule, the con- tion of intimidation or reprisal prohibited of counseling, mediation or other proceeding includes tents or records of counseling, mediation or under section 207 of the Act. Sections 201 the information disclosed by participants to the pro- other proceeding includes information disclosed through 206 of the Act apply to covered em- ceedings, and records disclosed by the opposing party, by participants to the proceedings, and records ployees and employing offices certain rights witnesses, or the Office. A participant is free to dis- disclosed by either the opposing party, witnesses and protections of the following laws: close facts and other information obtained from any or the Office. A participant is free to disclose source outside of the confidential proceedings. For ex- facts and other information obtained from any ..... ample, an employing office or its representatives may source outside of the confidential proceedings. (10) Chapter 35 (relating to veteran’s preference) of disclose information about its employment practices For example, an employing office or its rep- title 5, United States Code and personnel actions, provided that the information resentatives may disclose information about its (11) Genetic Information Nondiscrimination Act of was not obtained in a confidential proceeding. How- employment practices and personnel actions, 2008. ever, an employee who obtains that information in me- provided that the information was not obtained in a confidential proceeding. However, an em- (b) This subpart applies to the covered em- diation or other confidential proceeding may not dis- ployees and employing offices as defined in close such information. Similarly, information forming ployee who obtains that information in medi- ation or other confidential proceeding may not section 1.02(b) and (h) of these rules and any the basis for the allegation of a complaining employee activities within the coverage of sections 201 may be disclosed by that employee, provided that the disclose such information. Similarly, informa- through 206(a) and 207 of the Act and ref- information contained in those allegations was not ob- tion forming the basis for the allegation of a complaining employee may be disclosed by that erenced above in section 2.01(a) of these tained in a confidential proceeding. However, the em- rules. ploying office or its representatives may not disclose employee, provided that the information con- that information if it was obtained in a confidential tained in those allegations was not obtained in * * * * * proceeding. a confidential proceeding. However, the employ- § 2.03 Counseling. ing office or its representatives may not disclose (f) Sanctions. The Executive Director will advise all (a) Initiating a Proceeding; Formal Request participants in mediation and hearing at the time they that information if it was obtained a confiden- for Counseling.ƒIn order≈ To initiate a pro- become participants of the confidentiality require- tial proceeding. ceeding under these rules regarding an alleged ments of Section 416 of the Act and that sanctions (e) Violation of Confidentiality. Any com- violation of the Act, as referred to in section 2.01(a), may be imposed by the Hearing Officer for a violation plaint regarding a violation of the confiden- above, an employee shall file a written re- of those requirements. No sanctions may be imposed tiality provisions must be made to the Executive quest for counseling with the Officeƒ.≈ ƒre- except for good cause and the particulars of which Director no later than 30 days after the date of the alleged violation. Such complaints may be garding an alleged violation of the Act, as re- must be stated in the sanction order. ¿ referred by the Executive Director to a Hearing ferred to in section 2.01(a), above. Individuals ƒ§ 1.07 Breach of Confidentiality Provisions. Officer. The Hearing Officer is also authorized wishing to file a formal request for counseling may ƒ (a) In General. Section 416(a) of the CAA pro- to initiate proceedings on his or her own initia- call the Office for a form to use for this purpose. All vides that counseling under section 402 shall be tive, or at the direction of the Board, if the al- requests for counseling shall be confidential, strictly confidential, except that the Office and leged violation occurred in the context of Board unless the employee agrees to waive his or her a covered employee may agree to notify the em- proceedings. Upon a finding of a violation of right to confidentiality under section 2.03(e)(2), ≈ ploying office of the allegations. Section 416(b) the confidentiality provisions, the Hearing Offi- below. provides that all mediation shall be strictly con- cer, after notice and hearing, may impose an ap- (b) Who May Request Counseling. A covered fidential. Section 416(c) provides that all pro- propriate sanction, which may include any of employee who, in good faith, believes that he or ceedings and deliberations of Hearing Officers the sanctions listed in section 7.02 of these rules, she has been or is the subject of a violation and the Board, including any related records as well as any of the following: of the Act as referred to in section 2.01(a) shall be confidential, except for release of (1) an order that the matters regarding which may formally request counseling. records necessary for judicial actions, access by the violation occurred or any other designated (c) When, How and Where to Request Coun- certain committees of Congress, and, in accord- facts shall be taken to be established against the seling. A request for counseling must be in ance with section 416(f), publication of certain violating party for the purposes of the action in writing, and shall be filed pursuant to the re- final decisions. Section 416(c) does not apply to accordance with the claim of the other party; quirements of section 2.03(a) of these Rules proceedings under section 215 of the Act, but (2) an order refusing to allow the violating with the Office of Compliance at Room LA– does apply to the deliberations of Hearing Offi- party to support or oppose designated claims or 200, 110 Second Street, S.E., Washington, cers and the Board under section 215. See also defenses, or prohibiting him from introducing D.C. 20540–1999; FAX 202–426–1913; TDD 202– sections 1.06, 5.04, and 7.12 of these rules. designated matters in evidence; 426–1912, not later than 180 days after the al- (b) Prohibition. Unless specifically authorized (3) an order striking out pleadings or parts leged violation of the Act. by the provisions of the CAA or by order of the thereof, or staying further proceedings until the (d) ƒPurpose≈ Overview of the Counseling Pe- Board, the Hearing Officer or a court, or by the order is obeyed, or dismissing with or without riod. The Office will maintain strict confidentiality procedural rules of the Office, no participant in prejudice the action or proceedings or any part throughout the counseling period. The ƒpurpose of counseling, mediation or other proceedings made thereof, or rendering a judgment by default the≈ counseling period ƒshall≈ should be used: confidential under section 416 of the CAA against the violating party; to discuss the employee’s concerns and elicit (‘‘confidential proceedings’’) may disclose the (4) in lieu of any of the foregoing orders or in information regarding the matter(s) which contents or records of those proceedings to any addition thereto, the Hearing Officer shall re- the employee believes constitute a viola- person or entity, Nothing in these rules prohibits quire the party violating the confidentiality pro- tion(s) of the Act; to advise the employee of a bona fide representative of a party under sec- visions or the representative advising him, or his or her rights and responsibilities under tion 1.05 from engaging in communications with both, to pay, at such time as ordered by the the Act and the procedures of the Office that party for the purpose of participation in Hearing Officer, the reasonable expenses, in- under these rules; to evaluate the matter; the proceedings, provided that such disclosure is cluding attorney fees, caused by the violation, and to assist the employee in achieving an not made in the presence of individuals not rea- unless the Hearing Officer finds that the failure early resolution of the matter, if possible. sonably necessary to the representative’s rep- was substantially justified or that other cir- (e) Confidentiality and Waiver. resentation of that party. Moreover, nothing in cumstances make an award of expenses unjust. (1) Absent a waiver under paragraph 2, these rules prohibits a party or its representative Such an order shall be subject to review on ap- below, all counseling shall be kept strictly from disclosing information obtained in con- peal of the final decision of the Hearing Officer confidential and shall not be subject to discovery.

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6369 All participants in counseling shall be advised of the section 414 of the Act and section 9.05 of ƒ(ii)≈ (iv) After ƒhaving contacted the Office requirement for confidentiality and that disclosure of these rules, seek the approval of the Execu- and having utilized≈ using the ƒgrievance≈ in- information deemed confidential could result in sanc- tive Director. Nothing in this subsection, ternal procedures ƒof the Architect of the Cap- tions later in the proceedings. Nothing in these however, precludes the employee, the em- itol or of the Capitol Police≈, the employee rules shall prevent a counselor from con- ploying office or their representatives from may notify the Office that he or she wishes sulting with personnel within the Office con- reducing to writing any formal settlement. to return to the procedures under these cerning a matter in counseling, except that, (k) Duty to Proceed. An employee who initi- rules: when the person being counseled is an em- ates a proceeding under this part shall be re- (A) within 60 days after the expiration of ployee of the Office, the counselor shall not sponsible at all times for proceeding, regard- the period recommended by the Executive consult with any individual within the Office less of whether he or she has designated a Director, if the matter has not resulted in a who might be a party or witness without the representative, and shall notify the Office in writ- final decision or a decision not to proceed; or consent of the person requesting counseling. ing of any change in pertinent contact information, (B) within 20 days after service of a final Nothing contained in these rules shall pre- such as address, e-mail, fax number, etc. An em- decision or a decision not to proceed, resulting ƒ ≈ ƒ vent the Executive Director from compiling ployee, however, may withdraw from coun- from the grievance internal procedures of and publishing statistical information such as that re- seling once without prejudice to the employ- the Architect of the Capitol or of the Capitol Po- ≈ quired by Section 301(h)(3) of the Act, so long as ee’s right to reinstate counseling regarding lice Board . ƒ(iii)≈ The period during which the matter that statistical information does not reveal the same matter, provided that the request is pending in the internal grievance proce- the identity of ƒthe employees≈ an individual to reinstate counseling is in writing and is ƒre- dure shall not count against the time avail- employee ƒinvolved≈ or of an employing of- ceived in≈ filed with the Office not later than able for counseling or mediation under the ficeƒs≈ that ƒare≈ is the subject of a specific 180 days after the date of the alleged viola- Act. If the grievance is resolved to the em- request for counseling. tion of the Act and that counseling on a sin- ployee’s satisfaction, the employee shall so (2) ƒThe≈ In accord with section 416(a) of the Act, gle matter will not last longer than a total notify the Office within 20 days after the em- the employee and the Office may agree to of 30 days. ployee has received service of the final deci- waive confidentiality ƒof≈ during the coun- (l) Conclusion of the Counseling Period and sion resulting from the grievance procedure. seling process for the limited purpose of al- Notice. The Executive Director shall notify If no request to return to the procedures ƒcontacting the employing the employee in writing of the end of the lowing the Office under these rules is received within 60 days office≈ to ƒobtain information≈ counseling periodø,¿ by ƒcertified mail, return notify the employ- after the expiration of the period rec- ƒto be used in coun- receipt requested,≈ first class mail, ƒor by≈ per- ing office of the allegations ommended by the Executive Director the Of- seling the employee or to attempt a resolution of sonal delivery evidenced by a written re- ceipt, . The Executive fice will issue a Notice of End of Counseling, any disputed matter(s).≈ Such a limited waiv- or electronic transmission ≈ Director, as part of the notification of the as specified in section 2.04(i) of these Rules. er must be written on the form supplied by (v) If a request to return to counseling is not made end of the counseling period, shall inform the Office and signed by both the counselor by the employee within the time periods outlined the employee of the right and obligation, and the employee. above, the Office will issue a Notice of the End of should the employee choose to pursue his or Counseling...... her claim, to file with the Office a request (g) ƒ ≈. (2) Notice to Employees who Have Not Ini- Role of Counselor in Defining Concerns for mediation within 15 days after receipt by The Counselor ƒ ≈ : tiated Counseling with the Office. When an may shall the employee of the notice of the end of the (1) obtain the name, home and office mail- employee of the Architect of the Capitol or counseling period. the Capitol Police raises in the internal pro- ing and e-mail addresses, and home and office (m) Employees of the Office of the Architect telephone numbers of the person being coun- cedures of the Architect of the Capitol or of of the Capitol and Capitol Police. ƒ ≈ seled; (1) Where an employee of the Office of the the Capitol Police Board an allegation (2) obtain the name and title of the per- Architect of the Capitol or of the Capitol Po- which may also be raised under the proce- son(s) whom the employee claims has en- lice requests counseling under the Act and dures set forth in this subpart, the Architect of the Capitol or the Capitol Police ƒBoard gaged in a violation of the Act, e-mail address, these rules, the Executive Director, in his or should≈ if known, and the employing office in which her sole discretion, may recommend that the shall, in accordance with the MOU with the advise the employee in writing that a this person(s) works; employee use the ƒgrievance≈ internal proce- Office, ..... dures of the Architect of the Capitol or the request for counseling about the allegation must be initiated with the Office within 180 (5) obtain the name, business and e-mail ad- Capitol Police pursuant to a Memorandum of Un- days after the alleged violation of law oc- dresses, and telephone number of the employ- derstanding (MOU) between the Architect of the Cap- curred if the employee intends to use the ee’s representative, if any, and whether the itol and the Office or the Capitol Police and the Office procedures of the Office. representative is an attorney. addressing certain procedural and notification require- (3) Notice in Final Decisions when Employ- ƒ(i)≈(h) Counselor Not a Representative. The ments. The term ‘‘ƒgrievance≈ internal proce- ees Have Not Initiated Counseling with the Counselor shall inform the person being dure(s)’’ refers to any internal procedure of Office. When an employee raises in the inter- counseled that the counselor does not rep- the Architect of the Capitol and the Capitol nal procedures of the Architect of the Cap- resent either the employing office or the em- Police, including grievance procedures referred to in itol or of the Capitol Police ƒBoard≈ an alle- ployee. The Counselor provides information section 401 of the Act, that can provide a resolu- gation which may also be raised under the regarding the Act and the Office and may act as tion of the matter(s) about which counseling procedures set forth in this subpart, any a third-party intermediary with the goals of was requested. Pursuant to section 401 of the ƒfinal≈ decision issued ƒpursuant to the proce- increasing the individual’s understanding of Act ƒand by agreement with the Architect of dures of the Architect of the Capitol or of the his or her rights and responsibilities under the Capitol and the Capitol Police Board≈, Capitol Police Board should≈ under such proce- the Act and of promoting the early resolu- when the Executive Director makes such a dure, shall, pursuant to the MOU with the Office, in- tion of the matter. recommendation, the following procedures clude notice to the employee of his or her ƒ(j)≈(i) Duration of Counseling Period. The shall apply: period for counseling shall be 30 days, begin- (i) The Executive Director shall rec- right to initiate the procedures under these rules within 180 days after the alleged viola- ning on the date that the request for coun- ommend in writing to the employee that the tion occurred. seling is ƒreceived by the Office≈ filed by the em- employee use the ƒgrievance≈ internal proce- (4) Notice in Final Decisions when There ployee in accordance with section 1.03(a) of these dures of the Architect of the Capitol or of Has Been a Recommendation by the Execu- rules, unless the employee requests in writing on the Capitol Police, as appropriate, for a pe- tive Director. When the Executive Director a form provided by the Office to reduce the period riod generally up to 90 days, unless the Exec- has made a recommendation under para- and the ƒOffice≈ Executive Director agrees ƒto utive Director determines, in writing, that a graph 1 above, the Architect of the Capitol reduce the period≈. longer period is appropriate ƒfor resolution of or the Capitol Police ƒBoard should≈ shall, pur- ƒ(h)≈(j) Role of Counselor in Attempting In- the employee’s complaint through the grievance suant to the MOU with the Office, include with the formal Resolution. In order to attempt to re- procedures of the Architect of the Capitol or the final decision notice to the employee of his solve the matter brought to the attention of Capitol Police≈. Once the employee notifies the Of- or her right to resume the procedures under the counselor, the counselor must obtain a fice that he or she is using the internal procedure, the these rules within 20 days after service on waiver of confidentiality pursuant to section employee shall provide a waiver of confidentiality to the employee of the final decision and shall 2.03(e)(2) of these rules. If the employee exe- allow the Executive Director to notify the Architect of transmit a copy of the final decision, settle- cutes such a waiver, the counselor may: the Capitol or the Capitol Police that the Executive Di- ment agreement, or other final disposition of (1) conduct a limited inquiry for the pur- rector has recommended that the employee use the in- the case to the Executive Director. pose of obtaining any information necessary ternal procedure. to attempt an informal resolution or formal (ii) The period during which the matter is pending § 2.04 Mediation. settlement; in the internal procedure shall not count against the (a) øExplanation¿ Overview. Mediation is a (2) reduce to writing any formal settlement time available for counseling or mediation under the process in which employees, employing of- achieved and secure the signatures of the Act. fices and their representatives, if any, meet employee, his or her representative, if any, (iii) If the dispute is resolved to the employee’s satis- separately and/or jointly with a ƒneutral≈ and a member of the employing office who is faction, the employee shall so notify the Office within Mediator trained to assist them in resolving authorized to enter into a settlement on the 20 days after the employee has been served with a disputes. As ƒparties to≈ participants in the me- employing office’s behalf; and, pursuant to final decision resulting from the internal procedure. diation, employees, employing offices, and

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6370 CONGRESSIONAL RECORD — SENATE November 15, 2016 their representatives discuss alternatives to ate will also provide that the parties to the (k) Violation of Confidentiality in Mediation. An alle- continuing their dispute, including the possi- mediation will not seek to have the Coun- gation regarding a violation of the confidentiality pro- bility of reaching a voluntary, mutually sat- selor or the ƒneutral≈ Mediator participate, visions may be made by a party in a mediation to the isfactory resolution. The ƒneutral≈ Mediator testify or otherwise present evidence in any mediator during the mediation period and, if not re- has no power to impose a specific resolution, subsequent administrative action under section 405 or solved by agreement in mediation, to a hearing officer and the mediation process, whether or not a any civil action under section 408 of the Act during proceedings brought under Section 405 of the resolution is reached, is strictly confiden- or any other proceeding. Act tial, pursuant to section 416 of the Act. (g) Who May Participate. The covered em- (b) Initiation. Not more than 15 days after ployeeƒ,≈ and the employing officeƒ, their re- ..... receipt by the employee of the notice of the spective representatives, and the Office may § 2.05 Election of Proceeding. conclusion of the counseling period under meet, jointly or separately, with the neutral. A (a) Pursuant to section 404 of the Act, not section 2.03(l), the employee may file with representative of the employee and a representa- later than 90 days after ƒa covered employee the Office a written request for mediation. tive of the employing who has actual authority receives notice of≈ the end of mediation under Except to provide for the services of a Mediator and to agree to a settlement agreement on behalf of section 2.04(i) of these rules, but no sooner notice to the employing office, the invocation of medi- the employee or the employing office, as the case than 30 days after that date, the covered em- ation shall be kept confidential by the Office. The re- may be, must be present at the mediation or ployee may either: must be immediately accessible by telephone quest for mediation shall contain the em- ..... ployee’s name, address , during the mediation.≈ may elect to participate in home and e-mail es (2) file a civil action in accordance with ƒand≈ telephone number, and the name of mediation proceedings through a designated represent- section 408 of the Act and section ƒ2.06≈ 2.07, the employing office that is the subject of ative, provided, that the representative has actual au- below, in the United States ƒDistrict Court≈ the request. Failure to request mediation thority to agree to a settlement agreement or has im- district court for the district in which the em- within the prescribed period ƒwill≈ pre- mediate access to someone with actual settlement au- may ployee is employed or for the District of Co- clude the employee’s further pursuit of his or thority, and provided further, that should the Mediator lumbia. her claim. If a request for mediation is not filed deem it appropriate at any time, the physical presence within 15 days of receipt of a Notice of the End of in mediation of any party may be specifically re- ..... Counseling, the case may be closed and the employee quested. The Office may participate in the mediation (b) A covered employee who files a civil ac- will be so notified. process, with permission of the Mediator and the par- tion pursuant to section ƒ2.06≈ 408 of the Act, ties. The Mediator will determine, as best serves the may not thereafter file a complaint under ..... interests of mediation, whether the participants may ƒ ≈ (d) Selection of ƒNeutrals≈ Mediators; Disquali- section 5.01 405 of the Act on the same mat- meet jointly or separately with the Mediator. ter. fication. Upon receipt of the request for medi- (h) Informal Resolutions and Settlement ation, the Executive Director shall assign Agreements. At any time during mediation § 2.06 Certification of the Official Record ƒ ≈ one or more neutrals Mediators from a master the parties may resolve or settle a dispute in (a) Certification of the Official Record shall contain list developed and maintained pursuant to section 403 accordance with section ƒ9.05≈ 9.03 of these the date the Request for Counseling was made; the of the Act, to commence the mediation proc- rules. date and method of delivery the Notification of End of ess. In the event that a ƒneutral≈ Mediator (i) Conclusion of the Mediation Period and Counseling Period was sent to the complainant; the considers him or herself unable to perform in Notice. If, at the end of the mediation period, date the Notice was deemed by the Office to have been a neutral role in a given situation, he or she the parties have not resolved the matter received by the complainant; the date the Request for shall withdraw from the matter and imme- that forms the basis of the request for medi- Mediation was filed; and the date the mediation pe- diately shall notify the Office of the with- ation, the Office shall provide the employee, riod ended. drawal. Any party may ask the Office to dis- and the employing office, and their rep- (b) At any time after a complaint has been filed qualify a ƒneutral≈ Mediator by filing a writ- resentatives, with written notice that the with the Office in accordance with section 405 of the ten request, including the reasons for such mediation period has concluded. The written Act and the procedure set out in section 5.01, below; request, with the Executive Director. This notice ƒto the employee≈ will be ƒsent by cer- or a civil action filed in accordance with section 408 request shall be filed as soon as the party tified mail, return receipt requested, or will be≈ of the Act and section 2.07, below, in the United States has reason to believe there is a basis for dis- personally delivered evidenced by a written District Court, a party may request and receive from qualification. The Executive Director’s deci- receipt, or sent by first class mail, e-mail, or fax. ƒ, the Office Certification of the Official Record. sion on this request shall be final and and it≈ The notice will specify the date the mediation (c) Certification of the Official Record will not be unreviewable. period ended and also ƒnotify≈ provide information provided until after a complaint has been filed with (e) Duration and Extension. about the employee’s ƒof his or her≈ right to the Office or the Office has been notified that a civil ..... elect to file a complaint with the Office in action has been filed in district court. (2) The ƒOffice≈ Executive Director may ex- accordance with section 405 of the Act and § ƒ2.06≈ 2.07 Filing of Civil Action. tend the mediation period upon the joint section 5.01 of these rules or to file a civil ac- written request of the parties, or of the ap- tion pursuant to section 408 of the Act and ..... (c) Communication Regarding Civil Actions pointed mediator on behalf of the partiesƒ, to section ƒ2.06≈ 2.07 of these rules. Filed with District Court. The party filing any the attention of the Executive Director≈. The (j) Independence of the Mediation Process civil action with the United States District request shall be written and filed with the and the ƒNeutral≈ Mediator. The Office will Court pursuant to sections 404(2) and 408 of ƒOffice≈ Executive Director no later than the maintain the independence of the mediation the Act shall provide a written notice to the last day of the mediation period. The request process and the ƒneutral≈ Mediator. No indi- Office that the party has filed a civil action, shall set forth the joint nature of the request vidual, who is appointed by the Executive specifying the district court in which the and the reasons therefore, and specify when Director to mediate, may conduct or aid in a civil action was filed and the case number. the parties expect to conclude their discus- hearing conducted under section 405 of the sions. Requests for additional extensions Act with respect to the same matter or shall Failure to notify the Office that such action has been may be made in the same manner. Approval be subject to subpoena or any other compul- filed may result in delay in the preparation and re- of any extensions shall be within the sole sory process with respect to the same mat- ceipt of the Certification of the Official Record. discretion of the ƒOffice≈ ter. SUBPART C—øRESERVED (SECTION 210—ADA PUBLIC Executive Director. ¿ (f) Procedures. ƒ(k) Confidentiality. Except as necessary to SERVICES) (1) The ƒNeutral’s≈ Mediator’s Role. After as- consult with the parties, the parties’ their coun- SUBPART D—COMPLIANCE, INVESTIGATION, EN- ƒ ≈ sel or other designated representatives, the par- FORCEMENT AND VARIANCE PROC- signment of the case, the neutral Mediator ESS UNDER SECTION 215 OF THE will promptly contact the parties. The ƒneu- ties to, the mediation, the neutral and the Office CAA (OCCUPATIONAL SAFETY AND tral≈ Mediator has the responsibility to con- shall not disclose, in whole or in part, any in- HEALTH ACT OF 1970)—INSPEC- duct the mediation, including deciding how formation or records obtained through, or pre- TIONS, CITATIONS, AND COM- many meetings are necessary and who may pared specifically for, the mediation process. PLAINTS participate in each meeting. The ƒneutral≈ This rule shall not preclude a neutral from con- § 4.01 Purpose and Scope Mediator may accept and may ask the parties sulting with the Office, except that when the § 4.02 Authority for Inspection to provide written submissions. covered employee is an employee of the Office a § 4.03 Request for Inspections by Employees (2) The Agreement to Mediate. At the com- neutral shall not consult with any individual and Employing Offices mencement of the mediation, the ƒneutral≈ within the Office who might be a party or wit- § 4.04 Objection to Inspection Mediator will ask the ƒparties≈ participants and/ ness. This rule shall also not preclude the Office § 4.05 Entry Not a Waiver or their representatives to sign an agreement from reporting statistical information to the § 4.06 Advance Notice of Inspection prepared by the Office (‘‘the Agreement to Senate and House of Representatives that does § 4.07 Conduct of Inspections Mediate’’). The Agreement to Mediate will not reveal the identity of the employees or em- § 4.08 Representatives of Employing Offices set out the conditions under which medi- ploying offices involved in the mediation. All and Employees ation will occur, including the requirement parties to the action and their representatives § 4.09 Consultation with Employees that the participants adhere to the confiden- will be advised of the confidentiality require- § 4.10 Inspection Not Warranted; Informal Re- tiality of the process and a notice that a breach ments of this process and of the sanctions that view of the mediation agreement could result in sanctions might be imposed for violating these require- § 4.11 Citations later in the proceedings. The Agreement to Medi- ments.≈ § 4.12 Imminent Danger

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6371 § 4.13 Posting of Citations Any such requests shall be reduced to writ- fices are engaged in activities which are § 4.14 Failure to Correct a Violation for ing on a form available from the Office. physically dispersed, the citation may be Which a Citation Has Been Issued; Notice * * * * * posted at the location to which employees of Failure to Correct Violation; Com- report each day. Where employees do not pri- plaint § 4.10 Inspection Not Warranted; Informal Re- marily work at or report to a single location, § 4.15 Informal Conferences view. the citation may be posted at the location Rules of Practice for Variances, Limitations, Vari- (a) If the General Counsel’s designee deter- from which the employees operate to carry ations, Tolerances, and Exemptions mines that an inspection is not warranted out their activities. When a citation contains se- § 4.20 Purpose and Scope because there are no reasonable grounds to curity information as defined in Title 2 of the U.S. § 4.21 Definitions believe that a violation or danger exists with Code, section 1979, the General Counsel may edit or § 4.22 Effect of Variances respect to a notice of violation under section redact the security information from the copy of the § 4.23 Public Notice of a Granted Variance, 4.03(a), he or she shall notify the party giv- citation used for posting or may provide to the em- Limitation, Variation, Tolerance, or Ex- ing the notice ƒin writing≈ of such deter- ploying office a notice for posting that describes the al- emption mination in writing. The complaining party leged violation without referencing the security infor- § 4.24 Form of Documents may obtain review of such determination by mation. The employing office shall take steps § 4.25 Applications for Temporary Variances submitting and serving a written statement of to ensure that the citation or notice is not al- and other Relief position with the General Counselƒ,≈ and ƒ, tered, defaced, or covered by other material. § 4.26 Applications for Permanent Variances at the same time, providing≈ the employing of- Notices of de minimis violations need not be and other Relief fice ƒwith a copy of such statement by certified posted. § 4.27 Modification or Revocation of Orders mail≈. The employing office may submit and (b) Each citation, notice, or a copy thereof, § 4.28 Action on Applications serve an opposing written statement of posi- shall remain posted until the violation has § 4.29 Consolidation of Proceedings tion with the General Counselƒ,≈ and ƒ, at been abated, or for 3 working days, which- § 4.30 Consent Findings and Rules or Orders the same time, provide≈ the complaining party ever is later. The pendency of any pro- § 4.31 Order of Proceedings and Burden of ƒwith a copy of such statement by certified ceedings regarding the citation shall not af- Proof mail≈. Upon the request of the complaining fect its posting responsibility under this sec- party or the employing office, the General Inspections, Citations and Complaints tion unless and until the Board issues a final Counsel, at his or her discretion, may hold order vacating the citation. * * * * * an informal conference in which the com- ..... § 4.02 Authority for Inspection. plaining party and the employing office may orally present their views. After considering * * * * * (a) Under section 215(c)(1) of the CAA, upon all written and oral views presented, the § 4.15 Informal Conferences. written request of any employing office or General Counsel shall affirm, modify, or re- covered employee, the General Counsel is au- verse the designee’s determination and fur- At the request of an affected employing of- thorized to enter without delay and at rea- nish the complaining party and the employ- fice, employee, or representative of employ- sonable times any place where covered employees ing office with written notification of this ees, the General Counsel may hold an infor- ƒ work (‘‘place of employment’’) of employment decision and the reasons therefor. The deci- mal conference for the purpose of discussing ≈ under the jurisdiction of an employing office ; sion of the General Counsel shall be final and any issues raised by an inspection, citation, to inspect and investigate during regular not reviewable. or notice issued by the General Counsel. Any working hours and at other reasonable settlement entered into by the parties at times, and within reasonable limits and in a ..... such conference shall be subject to the ap- reasonable manner, any such place of em- § 4.11 Citations. proval of the Executive Director under sec- ƒ ≈ ployment, and all pertinent conditions, (a) If, on the basis of the inspection, the tion 414 of the CAA and section 9.05 9.03 of structures, machines, apparatus, devices, General Counsel believes that a violation of these rules. If the conference is requested by equipment and materials therein; to ques- any requirement of section 215 of the CAA, the employing office, an affected employee tion privately any employing office, oper- ƒor of≈ including any occupational safety or health or the employee’s representative shall be af- ator, agent or employee; and to review standard promulgated by the Secretary of Labor forded an opportunity to participate, at the records maintained by or under the control of the under Title 29 of the U.S. Code, section 655, or of any discretion of the General Counsel. If the con- ƒ covered entity. required by the CAA and regula- other regulation ƒstandard≈, rule or order pro- ference is requested by an employee or rep- tions promulgated thereunder, and other records mulgated pursuant to section 215 of the CAA, resentative of employees, the employing of- which are directly related to the purpose of the has occurred, he or she shall issue to the em- fice shall be afforded an opportunity to par- ≈ inspection. ploying office responsible for correction of ticipate, at the discretion of the General Counsel. Any party may be represented by ..... the violation, ƒas determined under section 1.106 of the Board’s regulations implementing counsel at such conference. § 4.03 Requests for Inspections by Employees section 215 of the CAA,≈ either a citation or * * * * * and Covered Employing Offices. ƒ ≈ a notice of de minimis violations that have SUBPART E—COMPLAINTS (a) By Covered Employees and Representa- no direct or immediate relationship to has § 5.01 Complaints tives. safety or health. An appropriate citation or § 5.02 Appointment of the Hearing Officer (1) Any covered employee or representative notice of de minimis violations shall be § 5.03 Dismissal, Summary Judgment, and of covered employees who believes that a issued even though, after being informed of Withdrawal of Complaint violation of section 215 of the CAA exists in an alleged violation by the General Counsel, § 5.04 Confidentiality any place of employment ƒunder the jurisdic- the employing office immediately abates, or tion of employing offices≈ may request an in- initiates steps to abate, such alleged viola- § 5.01 Complaints. spection of such place of employment by giv- tion. Any citation shall be issued with rea- (a) Who May File. ing notice of the alleged violation to the sonable promptness after termination of the (1) An employee who has completed the me- General Counsel. Any such notice shall be re- inspection. No citation may be issued under diation period under section 2.04 may timely duced to writing on a form available from this section after the expiration of 6 months file a complaint with the Office alleging any the Office, shall set forth with reasonable following the occurrence of any alleged vio- violation of sections 201 through 207 of the particularity the grounds for the notice, and lation unless the violation is continuing or the em- Actƒ.≈, under the Genetic Information Non- shall be signed by the employee or the rep- ploying office has agreed to toll the deadline for filing discrimination Act, or any other statute made applica- resentative of the employees. A copy shall be the citation. ble under the Act. provided to the employing office or its agent (2) The General Counsel may timely file a by the General Counsel or the General Coun- ..... complaint alleging a violation of section 210, sel’s designee no later than at the time of in- * * * * * 215 or 220 of the Act. spection, except that, upon the written re- § 4.13 Posting of Citations. (b) When to File. quest of the person giving such notice, his or (1) A complaint may be filed by an em- (a) Upon receipt of any citation under sec- her name and the names of individual em- ployee no sooner than 30 days after the date tion 215 of the CAA, the employing office ployees referred to therein shall not appear of receipt of the notice under section 2.04(i), shall immediately post such citation, or a in such copy or on any record published, re- but no later than 90 days after receipt of that copy thereof, unedited, at or near each place leased, or made available by the General notice. In cases where a complaint is filed with the an alleged violation referred to in the cita- Counsel. Office sooner than 30 days after the date of receipt of tion occurred, except as provided below. the notice under section 2.04(i), the Executive Director, ..... Where, because of the nature of the employ- at his or her discretion, may return the complaint to (b) By Employing Offices. Upon written re- ing office’s operations, it is not practicable the employee for filing during the prescribed period quest of any employing office, the General to post the citation at or near each place of without prejudice and with an explanation of the pre- Counsel or the General Counsel’s designee alleged violation, such citation shall be post- scribed period of filing. shall inspect and investigate places of em- ed, unedited, in a prominent place where it ployment ƒunder the jurisdiction of employing will be readily observable by all affected em- ..... offices≈ under section 215(c)(1) of the CAA. ployees. For example, where employing of- (c) Form and Contents.

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6372 CONGRESSIONAL RECORD — SENATE November 15, 2016 (1) Complaints Filed by Covered Employees. A § 5.02 Appointment of the Hearing Officer. courage the early and voluntary exchange of complaint shall be in writing and may be writ- Upon the filing of a complaint, the Execu- relevant and material nonprivileged information ten or typed on a complaint form available tive Director will appoint an independent between the parties, including the names and from the Office. All complaints shall be Hearing Officer, who shall have the author- addresses of witnesses and copies of relevant signed by the covered employee, or his or her ity specified in sections 5.03 and 7.01(b) and material documents, and to encourage representative, and shall contain the fol- below. The Hearing Officer shall not be the Hearing Officers to develop procedures which lowing information: Counselor involved in or the ƒneutral≈ Medi- allow for the greatest exchange of relevant and (i) the name, mailing and e-mail addresses, ator who mediated the matter under sections material information and which minimizes the and telephone number(s) of the complainant; 2.03 and 2.04 of these rules. need for parties to formally request such infor- mation.≈ ..... § 5.03 Dismissal, Summary Judgment and Within 14 days after the pre-hearing con- (v) a brief description of why the complain- Withdrawal of Complaints. ference or as soon as the information is known, and except as otherwise stipulated or ordered by the Hear- ant believes the challenged conduct is a vio- ..... lation of the Act or the relevant sections of the ing Officer, a party must, without awaiting a discovery (f) Withdrawal of Complaint by Complainant. request, provide to the other parties: the name and, if Genetic Information Nondiscrimination Act and the At any time a complainant may withdraw section(s) of the Act involved; known, mail and e-mail addresses and telephone num- his or her own complaint by filing a notice ber of each individual likely to have discoverable in- ..... with the Office for transmittal to the Hear- formation that the disclosing party may use to support (vii) the name, mailing and e-mail addresses, ing Officer and by serving a copy on the em- its claims or defenses; and a copy or a description by and telephone number of the representative, ploying office or representative. Any such category and location of all documents, electronically if any, who will act on behalf of the com- withdrawal must be approved by the Hearing stored information, and tangible things that the dis- plainant. Officer and may be with or without prejudice to closing party has in its possession, custody, or control (2) Complaints Filed by the General Counsel. refile at the Hearing Officer’s discretion, consistent and may use to support its claims or defenses. A complaint filed by the General Counsel with section 404 of the CAA. (c) Discovery Availability. Pursuant to sec- shall be in writing, signed by the General (g) Withdrawal of Complaint by the General tion 405(e) of the Act, the Hearing Officer in Counsel or his designee and shall contain the Counsel. At any time prior to the opening of his or her discretion may permit reasonable following information: the hearing the General Counsel may with- prehearing discovery. In exercising that dis- (i) the name, mail and e-mail addresses, if avail- draw his complaint by filing a notice with cretion, the Hearing Officer may be guided able, and telephone number of, as applicable, the Executive Director and the Hearing Offi- by the Federal Rules of Civil Procedure and (A) each entity responsible for correction of cer and by serving a copy on the respondent. the underlying statute. an alleged violation of section 210(b), (B) After opening of the hearing, any such with- (1) The ƒHearing Officer may authorize≈ par- each employing office alleged to have vio- drawal must be approved by the Hearing Of- ties may take discovery by one or more of the lated section 215, or (C) each employing of- ficer and may be with or without prejudice to refile following methods: depositions upon oral ex- fice and/or labor organization alleged to have at the Hearing Officer’s discretion, consistent with sec- amination or written questions; written in- violated section 220, against which complaint tion 404 of the CAA. terrogatories; production of documents or is brought; (h) Withdrawal From a Case by a Representative. A things or permission to enter upon land or representative must provide sufficient notice to the ..... other property for inspection or other pur- Hearing Officer and the parties of record of his or her poses; physical and mental examinations; (e) Service of Complaint. Upon receipt of a withdrawal. Until the party designates another rep- and requests for admission. complaint or an amended complaint, the Of- resentative in writing, the party will be regarded as (2) The Hearing Officer may adopt standing fice shall serve the respondent, or its des- or make any order setting forth the ƒ pro se. orders ignated representative, by hand delivery or forms and extent of discovery, including or- certified mail≈ or first class mail, e-mail, or facsimile § 5.04 Confidentiality. Pursuant to section 416(c) of the Act, ex- ders limiting the number of depositions, in- with a copy of the complaint or amended terrogatories, and requests for production of complaint and ƒa copy of these rules≈ written cept as provided in sub-sections 416(d), (e) and (f), all proceedings and deliberations of documents, and may also limit the length of notice of the availability of these rules at depositions. www.compliance.gov. A copy of these rules may also Hearing Officers and the Board, including be provided if requested by either party. The Office any related records, shall be confidential...... shall include a service list containing the Section 416(c) does not apply to proceedings (d) Claims of Privilege. names and addresses of the parties and their under section 215 of the Act, but does apply (1) Information Withheld. Whenever a party designated representatives. to the deliberations of Hearing Officers and withholds information otherwise discover- (f) Answer. Within 15 days after receipt of a the Board under section 215. A violation of able under these rules by claiming that it is copy of a complaint or an amended com- the confidentiality requirements of the Act privileged or confidential or subject to pro- plaint, the respondent shall file an answer and these rules ƒcould≈ may result in the im- tection as hearing or trial preparation mate- with the Office and serve one copy on the position of procedural or evidentiary sanctions. rials, the party shall make the claim ex- complainant. ƒThe answer shall contain a ƒNothing in these rules shall prevent the Execu- pressly in writing and shall describe the nature statement of the position of the respondent on tive Director from reporting statistical informa- of the documents, communications or things each of the issues raised in the complaint or tion to the Senate and House of Representatives, not produced or disclosed in a manner that, amended complaint, including admissions, deni- so long as that statistical information does not without revealing the information itself als, or explanations of each allegation made in reveal the identity of the employees involved or privileged or protected, will enable other the complaint and any affirmative defenses or of employing offices that are the subject of a parties to assess the applicability of the other defenses to the complaint.≈ In answering a matter.≈ See also sections ƒ1.06≈ 1.08 ƒ1.07≈ privilege or protection. A party must make a complaint, a party must state in short and plain terms 1.09 and 7.12 of these rules. claim for privilege no later than the due date for the its defenses to each claim asserted against it and admit SUBPART F—DISCOVERY AND SUBPOENAS production of the information. (2) Information Pro- or deny the allegations asserted against it by an oppos- § 6.01 Discovery duced As Inadvertent Disclosure. If information pro- ing party. Failure to ƒfile an answer≈ deny an al- § 6.02 Requests for Subpoenas duced in discovery is subject to a claim of privilege or legation, other than one relating to the amount of § 6.03 Service of protection as hearing preparation material, the damages, or to raise a claim or defense as to § 6.04 Proof of Service party making the claim may notify any party that re- any allegation(s) shall constitute an admis- § 6.05 Motion to Quash ceived the information of the claim and the basis for sion of such allegation(s). Affirmative de- § 6.06 Enforcement it. After being notified, a party must promptly return, fenses not raised in an answer that could § 6.01 Discovery. (a) ƒExplanation≈ Descrip- sequester, or destroy the specified information and any have reasonably been anticipated based on tion. Discovery is the process by which a copies it has; must not use or disclose the information the facts alleged in the complaint shall be party may obtain from another person, in- until the claim is resolved; must take reasonable steps deemed waived. A respondent’s motion for cluding a party, information, not privileged, to retrieve the information if the party disclosed it be- leave to amend an answer to interpose a de- reasonably calculated to lead to the dis- fore being notified; and may promptly present the in- nial or affirmative defense will ordinarily be covery of admissible evidence, for the pur- formation to the Hearing Officer or the Board under granted unless to do so would unduly preju- pose of assisting that party in developing, seal for a determination of the claim. The producing dice the rights of the other party or unduly preparing and presenting its case at the party must preserve the information until the claim is delay or otherwise interfere with or impede hearing. No discovery, oral or written, by any party resolved. the proceedings. shall ƒThis provision shall not be construed to § 6.02 Request for Subpoena. (g) Motion to Dismiss. In addition to an answer, a permit any discovery, oral or written, to≈ be (a) Authority to Issue Subpoenas. At the re- respondent may file a motion to dismiss, or other re- taken of or from an employees of the Office of quest of a party, a Hearing Officer may issue sponsive pleading with the Office and serve one copy Compliance, ƒor the≈ Counselorƒ(s)≈, or Mediator subpoenas for the attendance and testimony on the complainant. Responses to any motions shall be ƒthe neutral(s) involved in counseling and medi- of witnesses and for the production of cor- in compliance with section 1.04(c) of these rules ation.≈, including files, records, or notes produced respondence, books, papers, documents, or (h) Confidentiality. The fact that a complaint has during counseling and mediation and maintained by other records. The attendance of witnesses been filed with the Office by a covered employee shall the Office. and the production of records may be re- be kept confidential by the Office, except as allowed (b) Initial Disclosure. ƒOffice Policy Regarding quired from any place within the United by these rules. Discovery. It is the policy of the Office to en- States. However, no subpoena requested by any

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6373 party may be issued for the attendance or tes- ure was substantially justified or that other cir- conference and the agreements made by the timony of an employee ƒwith≈ of the Office of cumstances make an award of attorney’s fees parties as to any of the matters considered Compliance, a Counselor or a Mediator, acting in and/or expenses unjust.≈ and which limits the issues to those not dis- their official capacity, including files, records, or notes (2) Failure to Prosecute or Defend. If a party posed of by admissions, stipulations, or agree- produced during counseling and mediation and main- fails to prosecute or defend a position, the ments of the parties. Such order, when en- tained by the Office. Employing offices shall make Hearing Officer may dismiss the action with tered, shall control the course of the pro- their employees available for discovery and hearing prejudice or ƒrule for the complainant≈ decide ceeding, subject to later modification by the without requiring a subpoena. the matter, where appropriate. Hearing Officer by his or her own motion or ...... upon proper request of a party for good cause shown. (d) Rulings. The Hearing Officer shall (4) Filing of frivolous claims. If a party files a frivo- promptly rule on the request for the subpoena. lous claim, the Hearing Officer may dismiss the claim, § 7.05 Scheduling the Hearing. * * * * * sua sponte, in whole or in part, with prejudice or de- ..... cide the matter for the party alleging the filing of the (b) Motions for Postponement or a Continu- SUBPART G—HEARINGS frivolous claim. ance. Motions for postponement or for a con- § 7.01 The Hearing Officer (5) Failure to maintain confidentiality. An allegation tinuance by either party shall be made in § 7.02 Sanctions regarding a violation of the confidentiality provisions writing to the ƒOffice≈ Hearing Officer, shall § 7.03 Disqualification of the Hearing Officer may be made to a Hearing Officer in proceedings set forth the reasons for the request, and § 7.04 Motions and Prehearing Conference under Section 405 of the CAA. If, after notice and shall state whether the opposing party con- § 7.05 Scheduling the Hearing hearing, the Hearing Officer determines that a party sents to such postponement. Such a motion § 7.06 Consolidation and Joinder of Cases has violated the confidentiality provisions, the Hearing may be granted by the Hearing Officer upon a § 7.07 Conduct of Hearing; Disqualification of Officer may: showing of good cause. In no event will a Representatives (A) direct that the matters related to the breach of hearing commence later than 90 days after § 7.08 Transcript confidentiality or other designated facts be taken as the filing of the complaint. § 7.09 Admissibility of Evidence established for purposes of the action, as the pre- § 7.06 Consolidation and Joinder of Cases. § 7.10 Stipulations vailing party claims; § 7.11 Official Notice (B) prohibit the party breaching confidentiality ..... § 7.12 Confidentiality from supporting or opposing designated claims or de- (b) Authority. The Executive Director prior to the § 7.13 Immediate Board Review of a Ruling by fenses, or from introducing designated matters in evi- assignment of a complaint to a Hearing Officer; a ƒ a Hearing Officer dence; Hearing Officer during the hearing; or the Board , ≈ § 7.14 Proposed Findings of Fact and Conclusions of (C) strike the pleadings in whole or in part; the Office, or a Hearing Officer during an appeal Law; Posthearing Briefs (D) stay further proceedings until the breach of con- may consolidate or join cases on their own § 7.15 Closing the Record of the Hearing fidentiality is resolved to the extent possible; initiative or on the motion of a party if to do § 7.16 Hearing Officer Decisions; Entry in (E) dismiss the action or proceeding in whole or in so would expedite processing of the cases and Records of the Office; Corrections to the part; or not adversely affect the interests of the par- Record; Motions to Alter, Amend or Vacate the (F) render a default judgment against the party ties, taking into account the confidentiality Decision. breaching confidentiality. requirements of section 416 of the Act. § 7.01 The Hearing Officer. (c) No sanctions may be imposed under this section § 7.07 Conduct of Hearing; Disqualification of ..... except for good cause and the particulars of which Representatives. (b) Authority. Hearing Officers shall con- must be stated in the sanction order...... duct fair and impartial hearings and take all * * * * * (c) No later than the opening of the hear- necessary action to avoid undue delay in the § 7.04 Motions and Prehearing Conference. ing, or as otherwise ordered by the Hearing disposition of all proceedings. They shall Officer, each party shall submit to the Hear- have all powers necessary to that end unless ..... ing Officer and to the opposing party typed otherwise limited by law, including, but not (b) Scheduling of the Prehearing Conference. lists of the hearing exhibits and the wit- limited to, the authority to: Within 7 days after assignment, the Hearing nesses expected to be called to testify, excluding Officer shall serve on the parties and their impeachment or rebuttal witnesses ƒ, expected ..... designated representatives written notice to be called to testify≈. (14) maintain and enforce the confidentiality setting forth the time, date, and place of the of proceedings; and prehearing conference, except that the Executive ..... (f) Failure of either party to appear, present wit- ..... Director may, for good cause, extend up to an addi- tional 7 days the time for serving notice of the pre- nesses, or respond to an evidentiary order may result § 7.02 Sanctions. hearing conference. in an adverse finding or ruling by the Hearing Officer...... (c) Prehearing Conference Memoranda. The At the discretion of the Hearing Officer, the hearing (b) The Hearing Officer may impose sanc- Hearing Officer may order each party to pre- may also be held in the absence of the complaining tions upon the parties under, but not limited pare a prehearing conference memorandum. party if the representative for that party is present. ƒ(f)≈(g) If the Hearing Officer concludes to, the circumstances set forth in this sec- At his or her discretion, the Hearing Officer may di- that a representative of an employee, a wit- tion. rect the filing of the memorandum after discovery by ness, a charging party, a labor organization, (1) Failure to Comply with an Order. When a the parties has concluded. ƒThat≈ The memo- an employing office, or an entity alleged to party fails to comply with an order (includ- randum may include: be responsible for correcting a violation has ing an order for the taking of a deposition, ..... a conflict of interest, he or she may, after for the production of evidence within the (3) the specific relief, including, where known, giving the representative an opportunity to party’s control, or for production of wit- a calculation of ƒthe amount of≈ any monetary respond, disqualify the representative. In nesses), the Hearing Officer may: relief ƒ,≈ or damages that is being or will be that event, within the time limits for hear- ƒ(a)≈(A) draw an inference in favor of the requested; ing and decision established by the Act, the requesting party on the issue related to the (4) the names of potential witnesses for the affected party shall be afforded reasonable information sought; party’s case, except for potential impeachment time to retain other representation. ƒ(b)≈(B) stay further proceedings until the or rebuttal witnesses, and the purpose for order is obeyed; § 7.08 Transcript. which they will be called and a list of docu- ƒ(c)≈ prohibit the party failing to com- (C) ments that the party is seeking from the op- ..... ply with such order from introducing evi- posing party, and, if discovery was per- (b) Corrections. Corrections to the official dence concerning, or otherwise relying upon, mitted, the status of any pending request for transcript will be permitted. Motions for cor- evidence relating to the information sought; discovery. (It is not necessary to list each rection must be submitted within 10 days of ƒ(d)≈(D) permit the requesting party to in- ƒ ≈ document requested. Instead, the party may service of the transcript upon the party troduce secondary evidence concerning the refer to the request for discovery.); and parties. Corrections of the official transcript information sought; will be permitted only upon approval of the ƒ(e)≈(E) strike, in whole or in part, ƒany part ..... Hearing Officer. The Hearing Officer may of≈ the complaint, briefs, answer, or other (d) At the prehearing conference, the Hear- make corrections at any time with notice to submissions of the party failing to comply ing Officer may discuss the subjects specified the parties. with the order, as appropriate; in paragraph (c) above and the manner in ƒ(f)≈(F) direct judgment against the non- which the hearing will be conducted ƒand * * * * * complying party in whole or in part.ƒ; or≈ proceed≈. In addition, the Hearing Officer § 7.12 Confidentiality. ƒ(g) order that the non-complying party, or may explore settlement possibilities and (a) Pursuant to section 416 of the Act and the representative advising that party, pay all consider how the factual and legal issues section 1.08 of these Rules, all proceedings and or part of the attorney’s fees and reasonable ex- might be simplified and any other issues deliberations of Hearing Officers and the penses of the other party or parties or of the Of- that might expedite the resolution of the dis- Board, including the transcripts of hearings fice, caused by such non-compliance, unless the pute. The Hearing Officer shall issue an and any related records, shall be confiden- Hearing Officer or the Board finds that the fail- order, which recites the action taken at the tial, except as specified in sections 416(d), (e),

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6374 CONGRESSIONAL RECORD — SENATE November 15, 2016 and (f) of the Act and section 1.08(d) of these ƒ(i)≈(h) Review of a Final Decision. Denial of or easily correctible mistakes. The Hearing Officer Rules. All parties to the proceeding and their interlocutory review will not affect a party’s may do so on motion of the parties or on his or her representatives, and witnesses who appear at right to challenge rulings, which are other- own motion with or without advance notice. the hearing, will be advised of the impor- wise appealable, as part of an appeal to the (g) After a decision of the Hearing Officer has been tance of confidentiality in this process and Board under section 8.01 from the Hearing issued, but before an appeal is made to the Board, or of their obligations, subject to sanctions, to Officer’s decision issued under section 7.16 of in the absence of an appeal, before the decision be- maintain it. This provision shall not apply these rules. comes final, a party to the proceeding before the to proceedings under section 215 of the Act, § 7.14 Proposed Findings of Fact and Conclusions of Hearing Officer may move to alter, amend or vacate but shall apply to the deliberations of Hear- Law; Posthearing Briefs. the decision. The moving party must establish that re- ing Officers and the Board under that sec- lief from the decision is warranted because: (1) of mis- ƒ(a)≈ May be ƒFiled≈ Required. The Hearing tion. take, inadvertence, surprise, or excusable neglect; (2) Officer may ƒpermit≈ require the parties to file (b) Violation of Confidentiality. An allegation regard- there is newly discovered evidence that, with reason- proposed findings of fact and conclusions of law and/ ing a violation of confidentiality occurring during a able diligence, could not have been discovered in time or posthearing briefs on the factual and the hearing may be resolved by a Hearing Officer in pro- to move for a new hearing; (3) there has been fraud, ceedings under Section 405 of the CAA. After pro- legal issues presented in the case. ƒ(b) Length. No principal brief shall exceed 50 misrepresentation, or misconduct by an opposing viding notice and an opportunity to the parties to be party; (4) the decision is void; or (5) the decision has heard, the Hearing Officer, in accordance with section pages, or 12,500 words, and no reply brief shall exceed 25 pages, or 6,250 words, exclusive of ta- been satisfied, released, or discharged; it is based on 1.08(f) of these Rules, may make a finding of a viola- an earlier decision that has been reversed or vacated; tion of confidentiality and impose appropriate proce- bles and pages limited only to quotations of stat- utes, rules, and the like. Motions to file ex- or applying it prospectively is no longer equitable. The dural or evidentiary sanctions, which may include any motion shall be filed within 15 days after service of the of the sanctions listed in section 7.02 of these Rules. tended briefs shall be granted only for good cause shown; the Hearing Officer may in his or Hearing Officer’s decision. No response shall be filed § 7.13 Immediate Board Review of a Ruling by her discretion also reduce the page limits. Briefs unless the Hearing Officer so orders. The filing and a Hearing Officer. in excess of 10 pages shall include an index and pendency of a motion under this provision shall not ..... a table of authorities. relieve a party of the obligation to file a timely appeal (b) Time for Filing. A motion by a party for inter- (c) Format. Every brief must be easily read- or operate to stay the action of the Hearing Officer locutory review of a ruling of the Hearing Officer shall able. Briefs must have double spacing between unless so ordered by the Hearing Officer. be filed with the Hearing Officer within 5 days after each line of text, except for quoted texts and SUBPART H—PROCEEDINGS BEFORE THE BOARD service of the ruling upon the parties. The motion footnotes, which may be single-spaced.≈ § 8.01 Appeal to the Board shall include arguments in support of both interlocu- § 8.02 Reconsideration § 7.15 Closing the Record of the Hearing. tory review and the determination requested to be § 8.03 Compliance with Final Decisions, Re- made by the Board upon review. Responses, if any, (a) Except as provided in section 7.14, the quests for Enforcement shall be filed with the Hearing Officer within 3 days record shall be closed at the conclusion of § 8.04 Judicial Review after service of the motion. the hearing. However, when the Hearing Offi- § 8.05 Application for Review of an Executive Director ƒ(b)≈(c) Standards for Review. In deter- cer allows the parties to submit argument, Action mining whether to certify and forward a re- briefs, documents or additional evidence pre- § 8.06 Exceptions to Arbitration Awards quest for interlocutory review to the Board, viously identified for introduction, the record § 8.07 Expedited Review of Negotiability the Hearing Officer shall consider all of the will remain open for as much time as the Hearing Of- § 8.08 Procedures of the Board in Impasse Proceedings ficer grants for that purpose ƒadditional evidence following: § 8.01 Appeal to the Board...... previously identified for introduction, the Hear- ing Officer may allow an additional period be- (a) No later than 30 days after the entry of ƒ (c) Time for Filing. A motion by a party for the final decision and order of the Hearing Of- interlocutory review of a ruling of the Hearing fore the conclusion of the hearing as is nec- ≈ ficer in the records of the Office, an ag- Officer shall be filed with the Hearing Officer essary for that purpose . (b) Once the record is closed, no additional grieved party may seek review of that deci- within 5 days after service of the ruling upon evidence or argument shall be accepted into sion and order by the Board by filing with the parties. The motion shall include arguments the hearing record except upon a showing the Office a petition for review by the Board. in support of both interlocutory review and the that new and material evidence has become The appeal must be served on the opposing determination requested to be made by the available that was not available despite due party or its representative. Board upon review. Responses, if any, shall be diligence prior to the closing of the record filed with the Hearing Officer within 3 days or ..... ƒ ≈ after service of the motion.≈ it is in rebuttal to new evidence or argument sub- (3) Upon written delegation by the Board, (d) Hearing Officer Action. If all the condi- mitted by the other party just before the record In any case in which the Board has not rendered a de- ƒ ≈ tions set forth in paragraph ƒ(b)≈(c) above closed. However, the The Hearing Officer termination on the merits, the Executive Director ƒ are met, the Hearing Officer shall certify and shall also make part of the record any mo- is authorized to: determine any request for forward a request for interlocutory review to tions for attorney fees, supporting documenta- extensions of time to file any post-petition ≈ the Board for its immediate consideration. tion, and determinations thereon, and ap- for review document or submission with the Any such submission shall explain the basis proved correction to the transcript. Board ƒin any case in which the Executive Di- on which the Hearing Officer concluded that § 7.16 Hearing Officer Decisions; Entry in rector has not rendered a determination on the the standards in paragraph ø(b)¿(c) have been Records of the Office; Corrections to the merits,≈; determine any request for enlargement of met. The decision of the Hearing Officer to forward Record; Motions to Alter, Amend or Vacate the De- page limitation of any post-petition for review docu- or decline to forward a request for review is not ap- cision. ment or submission with the Board; or require proof of service where there are questions of proper service. pealable...... (e) Grant of Interlocutory Review Within ƒSuch delegation shall continue until revoked (b) The Hearing Officer’s written decision shall: Board’s Sole Discretion. by the Board.≈ Upon the Hearing Offi- (1) state the issues raised in the complaint; cer’s certification and decision to forward a request (2) describe the evidence in the record; ..... ƒ ≈ for review, T the Board, in its sole discretion, (3) contain findings of fact and conclusions of law, (d) Upon appeal, the Board shall issue a may grant interlocutory review. The Board’s and the reasons or bases therefore, on all the material written decision setting forth the reasons for decision to grant or deny interlocutory review is not issues of fact, law, or discretion that were presented on its decision. The Board may dismiss the appeal appealable. the record; or affirm, reverse, modify or remand the de- ..... (4) contain a determination of whether a violation cision and order of the Hearing Officer in ƒ(g) Denial of Motion not Appealable; Man- has occurred; and whole or in part. Where there is no remand damus. The grant or denial of a motion for a re- (5) order such remedies as are appropriate under the decision of the Board shall be entered in quest for interlocutory review shall not be ap- the CAA. the records of the Office as the final decision pealable. The Hearing Officer shall promptly ƒ(b)≈(c) Upon issuance, the decision and of the Board and shall be subject to judicial bring a denial of such a motion, and the reasons order of the Hearing Officer shall be entered review. therefor, to the attention of the Board. If, upon into the records of the Office. (e) The Board may remand the matter to consideration of the motion and the reason for ƒ(c)≈(d) The Office shall promptly provide a ƒthe≈ a Hearing Officer for further action or denial, the Board believes that interlocutory re- copy of the decision and order of the Hearing proceedings, including the reopening of the view is warranted, it may grant the review sua Officer to the parties. record for the taking of additional evidence. sponte. In addition, the Board may in its discre- ƒ(d)≈(e) If there is no appeal of a decision The decision by the Board to remand a case is not tion, in extraordinary circumstances, entertain and order of a Hearing Officer, that decision subject to judicial review under Section 407 of the Act. directly from a party a writ of mandamus to re- becomes a final decision of the Office, which The procedures for a remanded hearing shall be gov- view a ruling of a Hearing Officer.≈ is subject to enforcement under section 8.03 erned by subparts F, G, and H of these Rules. The ø(h)≈(g) Procedures before Board. Upon its of these rules. Hearing Officer shall render a decision or re- ƒacceptance of a ruling of the Hearing Officer (f) Corrections to the Record. After a decision of the port to the Board, as ordered, at the conclu- for≈ decision to grant interlocutory review, the Hearing Officer has been issued, but before an appeal sion of proceedings on the remanded mat- Board shall issue an order setting forth the is made to the Board, or in the absence of an appeal, ters. ƒUpon receipt of the decision or report, the procedures that will be followed in the con- before the decision becomes final, the Hearing Officer Board shall determine whether the views of the duct of that review. may issue an erratum notice to correct simple errors parties on the content of the decision or report

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6375 should be obtained in writing and, where nec- forth the reasons why the petitioner believes (d) Size Limitations. Except as otherwise spec- essary, shall fix by order the time for the sub- enforcement is necessary. ified by the Hearing Officer or these rules, no mission of those views.≈ A decision of the ..... brief, motion, response, or supporting memo- Board following completion of the remand randum filed with the Office shall exceed 35 shall be entered in the records of the Office * * * * * pages, or 8,750 words, exclusive of the table of as the final decision of the Board and shall § 8.05 Application for Review of an Executive Director contents, table of authorities and attachments. be subject to judicial review under Section 407 Action. The Board, the Office, Executive Director, or of the Act. For additional rules on the procedures pertaining to Hearing Officer may waive, raise or reduce this ..... the Board’s review of an Executive Director action in limitation for good cause shown or on its own initiative. Briefs, motions, responses, and sup- (h) Record. The docket sheet, complaint and Representation proceedings, refer to Parts 2422.30–31 porting memoranda shall be on standard letter- any amendments, notice of hearing, answer of the Substantive Regulations of the Board, available size paper (8-1/2″ x 11″). and any amendments, motions, rulings, or- at www.compliance.gov. ders, stipulations, exhibits, documentary § 8.06 Expedited Review of Negotiability Issues. § 9.02 Signing of Pleadings, Motions and Other evidence, any portions of depositions admit- For additional rules on the procedures pertaining to Filings; Violation of Rules; Sanctions ted into evidence, docketed Memoranda for the the Board’s expedited review of negotiability issues, Every pleading, motion, and other filing of a Record, or correspondence between the Office and the refer to Part 2424 of the Substantive Regulations of party represented by an attorney or other des- parties, and the transcript of the hearing (to- the Board, available at www.compliance.gov. ignated representative shall be signed by the at- gether with any electronic recording of the § 8.07 Review of Arbitration Awards. torney or representative. A party who is not rep- hearing if the original reporting was per- For additional rules on the procedures pertaining to resented shall sign the pleading, motion or other formed electronically) together with the the Board’s review of arbitration awards, refer to Part filing. The signature of a representative or party Hearing Officer’s decision and the petition 2425 of the Substantive Regulations of the Board, constitutes a certificate by the signer that the for review, any response thereto, any reply available at www.compliance.gov. signer has read the pleading, motion, or other to the response and any other pleadings shall § 8.08 Procedures of the Board in Impasse Pro- filing; that to the best of the signer’s knowledge, constitute the record in the case. ceedings. information, and belief formed after reasonable inquiry, it is well grounded in fact and is war- ..... For additional rules on the procedures of the Board ranted by existing law or a good faith argument (j) An appellant may move to withdraw a petition in impasse proceedings, refer to Part 2471 of the Sub- for the extension, modification, or reversal of ex- for review at any time before the Board renders a de- stantive Regulations of the Board, available at isting law, and that it is not interposed for any cision. The motion must be in writing and submitted www.compliance.gov. improper purpose, such as to harass or to cause to the Board. The Board, at its discretion, may grant SUBPART I—OTHER MATTERS OF GENERAL AP- unnecessary delay or needless increase in the such a motion and take whatever action is required. PLICABILITY ƒ cost of litigation. If a pleading, motion, or other § 8.02 Reconsideration. § 9.01 Filing, Service and Size Limitations of Motions, Briefs, Responses and other Docu- filing is not signed, it shall be stricken unless it After a final decision or order of the Board ments. is signed promptly after the omission is called to has been issued, a party to the proceeding the attention of the person who is required to § 9.02 Signing of Pleadings, Motions and before the Board, who can establish in its sign. If a pleading, motion, or other filing is Other Filings; Violations of Rules; Sanc- moving papers that reconsideration is nec- signed in violation of this rule, a Hearing Offi- tions≈ essary because the Board has overlooked or cer or the Board, as appropriate, upon motion misapprehended points of law or fact, may ƒ§ 9.03≈ § 9.01 Attorney’s Fees and Costs or upon its own initiative, shall impose upon the move for reconsideration of such final deci- ƒ§ 9.04≈ § 9.02 Ex parte Communications person who signed it, a represented party, or sion or order. The motion shall be filed with- ƒ§ 9.05≈ § 9.03 Informal Resolutions and Settlement both, an appropriate sanction, which may in- in 15 days after service of the Board’s deci- Agreements clude an order to pay to the other party or par- sion or order. No response shall be filed un- ƒ§ 9.06≈ § 9.04 Revocation, Amendment or Waiver of ties the amount of the reasonable expenses in- less the Board so orders. The filing and pend- Rules curred because of the filing of the pleading, mo- ency of a motion under this provision shall ƒ§ 9.01 Filing, Service, and Size Limitations of tion, or other filing, including a reasonable at- not relieve a party of the obligation to file a Motions, Briefs, Responses and Other Docu- torney’s fee. A Hearing Officer, the Executive timely appeal or operate to stay the action ments. Director, or the Board, as appropriate, upon of the Board unless so ordered by the Board. (a) Filing with the Office; Number. One origi- motion or its own initiative may also impose an The decision to grant or deny a motion for reconsider- nal and three copies of all motions, briefs, re- appropriate sanction, which may include the ation is within the sole discretion of the Board and is sponses, and other documents, must be filed, sanctions specified in section 7.02, for any other not appealable. whenever required, with the Office or Hearing violation of these rules that does not result from § 8.03 Compliance with Final Decisions, Re- Officer. However, when a party aggrieved by reasonable error.≈ quests for Enforcement. the decision of a Hearing Officer or a party to ƒ§ 9.03≈ § 9.01 Attorney’s Fees and Costs any other matter or determination reviewable by (a) Unless the Board has, in its discretion, (a) Request. No later than ƒ20≈ 30 days after the Board files an appeal or other submission stayed the final decision of the Office during the entry of a final ƒHearing Officer’s≈ deci- with the Board, one original and seven copies of the pendency of an appeal pursuant to sec- sion of the Office, ƒunder section 7.16, or after tion 407 of the Act, and except as provided in any submission and any responses must be filed service of a Board decision by the Office the with the Office. The Office, Hearing Officer, or sections 210(d)(5) and 215(c)(6) of the Act, a complainant, if he or she is a≈ the prevailing party required to take any action under the Board may also request a party to submit an partyƒ,≈ may submit to the Hearing Officer electronic version of any submission in a des- terms of a final decision of the Office shall or Arbitrator who ƒheard≈ decided the case ini- carry out its terms promptly, and shall with- ignated format, with receipt confirmed by elec- tially a motion for the award of reasonable in 30 days after the decision or order be- tronic transmittal in the same format. attorney’s fees and costs, following the form (b) Service. The parties shall serve on each comes final and goes into effect by its terms, specified in paragraph (b) below. ƒAll motions other one copy of all motions, briefs, responses provide the Office and all other parties to for attorney’s fees and costs shall be submitted and other documents filed with the Office, other the proceedings with a compliance report to the Hearing Officer.≈ The Hearing Officer or than the request for counseling, the request for specifying the manner in which compliance Arbitrator, after giving the respondent an op- mediation and complaint. Service shall be made with the provisions of the decision or order portunity to reply, shall rule on the motion. by mailing or by hand delivering a copy of the has been accomplished. If complete compli- Decisions regarding attorney’s fees and costs motion, brief, response or other document to ance has not been accomplished within 30 are collateral and do not affect the finality each party, or if represented, the party’s rep- days, the party required to take any such ac- or appealability of a final decision issued by resentative, on the service list previously pro- tion shall submit a compliance report speci- the ƒHearing Officer≈ Office. ƒA ruling on a mo- vided by the Office. Each of these documents, fying why compliance with any provision of tion for attorney’s fees and costs may be ap- must be accompanied by a certificate of service the decision or order has not yet been fully pealed together with the final decision of the specifying how, when and on whom service was accomplished, the steps being taken to as- Hearing Officer. If the motion for attorney’s fees made. It shall be the duty of each party to no- sure full compliance, and the anticipated is ruled on after the final decision has been tify the Office and all other parties in writing of date by which full compliance will be issued by the Hearing Officer, the ruling may be any changes in the names or addresses on the achieved. A party may also file a petition for attor- appealed in the same manner as a final deci- service list. ≈ neys fees and/or damages unless the Board has, in its (c) Time Limitations for Response to Motions sion, pursuant to section 8.01 of these Rules. (b) Form of Motion. In addition to setting discretion, stayed the final decision of the Office dur- or Briefs and Reply. Unless otherwise specified forth the legal and factual bases upon which ing the pendency of the appeal pursuant to Section 407 by the Hearing Officer or these rules, a party the attorney’s fees and/or costs are sought, a of the Act. shall file a response to a motion or brief within motion for an award of attorney’s fees and/or ..... 15 days of the service of the motion or brief costs shall be accompanied by: (d) To the extent provided in Section 407(a) of the upon the party. Any reply to such response Act and Section 8.04 of this section, the appropriate shall be filed and served within 5 days of the ..... ƒAny≈ party may petition the Board for en- service of the response. Only with the Hearing (3) the attorney’s customary billing rate forcement of a final decision of the Office or Officer’s advance approval may either party file for similar work with evidence that the rate is con- the Board. The petition shall specifically set additional responses or replies. sistent with the prevailing community rate for similar

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6376 CONGRESSIONAL RECORD — SENATE November 15, 2016 services in the community in which the attorney ordi- ing Officer for a final decision. The procedures PARTMENT OF AGRICULTURE FOR PROMOTION WITHIN ƒ ≈ THE SENIOR FOREIGN SERVICE OF THE UNITED STATES narily practices; and for hearing and determining such complaints OF AMERICA, CLASS OF CAREER MINISTER: (4) an itemization of costs related to the shall be governed by subparts F, G, and H of DAVID CHARLES MILLER, OF WASHINGTON matter in questionƒ.≈; and these Rule.≈ allegations will be reviewed, inves- SCOTT S. SINDELAR, OF MINNESOTA (5) evidence of an established attorney-client rela- tigated or mediated by the Executive Director or des- THE FOLLOWING-NAMED CAREER MEMBER OF THE tionship. ignee, as appropriate. SENIOR FOREIGN SERVICE OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT FOR PRO- ƒ§ 9.04≈ § 9.02 Ex parte Communications ø§ 9.06≈ § 9.04 Payments required pursuant to MOTION WITHIN THE SENIOR FOREIGN SERVICE OF THE Decisions, Awards, or Settlements under UNITED STATES OF AMERICA, CLASS OF CAREER MIN- (a) Definitions. ISTER: section 415(a) of the Act ..... ALEXANDER DICKIE IV, OF TEXAS Whenever a decision or award pursu- (3) For purposes of section ƒ9.04≈ 9.02 , the final THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN term proceeding means the complaint and ant to sections 405(g), 406(e), 407, or 408 of the SERVICE OF THE UNITED STATES AGENCY FOR INTER- Act, or an approved settlement pursuant to NATIONAL DEVELOPMENT FOR APPOINTMENT AS A FOR- hearing proceeding under section 405 of the EIGN SERVICE OFFICER, A CONSULAR OFFICER, AND A CAA, an appeal to the Board under section section 414 of the Act, require the payment SECRETARY IN THE DIPLOMATIC SERVICE OF THE 406 of the CAA, a pre-election investigatory of funds pursuant to section 415(a) of the Act, UNITED STATES OF AMERICA: hearing under section 220 of the CAA, and the decision, award, or settlement shall be MARVA MICHELLE BUTLER, OF TEXAS ADONIS MARIANO MATOS DE MELLO, OF FLORIDA any other proceeding of the Office estab- submitted to the Executive Director to be processed by the Office for requisition from THE FOLLOWING-NAMED CAREER MEMBERS OF THE lished pursuant to regulations issued by the SENIOR FOREIGN SERVICE OF THE UNITED STATES DE- Board under the CAA the account of the Office of Compliance in PARTMENT OF AGRICULTURE FOR PROMOTION WITHIN the Department of the Treasury, and pay- THE SENIOR FOREIGN SERVICE OF THE UNITED STATES ..... ment. No payment shall be made from such account OF AMERICA, CLASS OF MINISTER-COUNSELOR: (c) Prohibited Ex Parte Communications and until the time for appeal of a decision has expired, un- JEANNE F. BAILEY, OF ILLINOIS Exceptions. CLAY M. HAMILTON, OF TEXAS less a settlement has been reached in the absence of a BOBBY GENE RICHEY, JR., OF TEXAS ..... decision to be appealed. ERIC A. WENBERG, OF WYOMING (2) The Hearing Officer or the Office may initiate ƒ§ 9.07≈ § 9.05 Revocation, Amendment or THE FOLLOWING-NAMED CAREER MEMBERS OF THE FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR attempts to settle a matter at any time. The parties Waiver of Rules FOREIGN SERVICE, AS A CAREER MEMBER OF THE SEN- may agree to waive the prohibitions against ex parte (a) The Executive Director, subject to the IOR FOREIGN SERVICE OF THE UNITED STATES OF communications during settlement discussions, and approval of the Board, may revoke or amend AMERICA, CLASS OF COUNSELOR: they may agree to any limits on the waiver. ALI ABDI, OF VIRGINIA these rules by publishing proposed changes MICHAEL LEO CONLON, OF VIRGINIA —Renumber subsequent paragraphs— in the Congressional Record and providing PAUL ALLEN SPENCER-MACGREGOR, OF VIRGINIA for a comment period of not less than 30 W. GARTH THORBURN II, OF FLORIDA ..... days. Following the comment period, any ROBERT HENRY HANSON, OF WISCONSIN ƒ§ 9.05≈ § 9.03 Informal Resolutions and Settle- THE FOLLOWING-NAMED CAREER MEMBERS OF THE changes to the rules are final once they are SENIOR FOREIGN SERVICE OF THE UNITED STATES ment Agreements. published in the Congressional Record. AGENCY FOR INTERNATIONAL DEVELOPMENT FOR PRO- (b) The Board or a Hearing Officer may MOTION WITHIN THE SENIOR FOREIGN SERVICE OF THE ..... UNITED STATES OF AMERICA, CLASS OF MINISTER- (b) Formal Settlement Agreement. The parties waive a procedural rule contained in this COUNSELOR: may agree formally to settle all or part of a Part in an individual case for good cause JIM NELSON BARNHART, JR., OF GEORGIA disputed matter in accordance with section shown if application of the rule is not re- ANDREW M. HERSCOWITZ, OF CALIFORNIA TERESA L. MCGHIE, OF NEVADA 414 of the Act. In that event, the agreement quired by law. THE FOLLOWING-NAMED CAREER MEMBERS OF THE shall be in writing and submitted to the Ex- f FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR ecutive Director for review and approval. The FOREIGN SERVICE, AS A CAREER MEMBER OF THE SEN- settlement is not effective until it has been approved ORDERS FOR WEDNESDAY, IOR FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, CLASS OF COUNSELOR: by the Executive Director. If the Executive Direc- NOVEMBER 16, 2016 HAVEN G. CRUZ-HUBBARD, OF MARYLAND tor does not approve the settlement, such Mr. MCCONNELL. Mr. President, I TIMOTHY J. DONNAY, OF VERMONT disapproval shall be in writing, shall set ask unanimous consent that when the JOSEPH L. DORSEY, OF VIRGINIA forth the grounds therefor, and shall render PETER WILLIAM DUFFY, OF NEW HAMPSHIRE Senate completes its business today, it JOHN L. DUNLOP, OF VIRGINIA the settlement ineffective. adjourn until 2:30 p.m., Wednesday, No- MICHAEL JAMES EDDY, OF MISSOURI (c) Requirements for a Formal Settlement GABRIEL F. GRAU, OF FLORIDA Agreement. A formal settlement agreement vember 16; that following the prayer ALER GRUBBS, OF INDIANA ANDREW DAVID HOLLAND, OF CALIFORNIA requires the signature of all parties or their and pledge, the morning hour be KAREN R. HUNTER, OF FLORIDA designated representatives on the agreement deemed expired, the Journal of pro- JENNIFER MARIE LINK, OF ILLINOIS document before the agreement can be sub- SANDRA K. MINKEL, OF NEVADA ceedings be approved to date, and the DIANE B. MOORE, OF NEW YORK mitted to the Executive Director for signature. time for the two leaders be reserved for THOMAS R. MORRIS, OF VIRGINIA A formal settlement agreement should not be sub- their use later in the day; finally, that MARGARET ELIZABETH ENIS SPEARS, OF MARYLAND mitted to the Executive Director for signature until the TANYA S. URQUIETA, OF SOUTH DAKOTA following leader remarks, the Senate ANNE N. WILLIAMS, OF MARYLAND appropriate revocation periods have expired. A for- mal settlement agreement cannot be re- resume consideration of the motion to IN THE AIR FORCE scinded after the signatures of all parties proceed to Calendar No. 543, S. 3110. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED have been affixed to the agreement, unless The PRESIDING OFFICER. Without STATES OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDICATED UNDER by written revocation of the agreement vol- objection, it is so ordered. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: untarily signed by all parties, or as other- f To be brigadier general wise permitted by law. (d) Violation of a Formal Settlement Agree- ADJOURNMENT UNTIL 2:30 P.M. COL. JOEL E. DEGROOT COL. CHRISTOPHER M. FAUX ment. If a party should allege that a formal TOMORROW COL. ROBERT J. GREGORY III settlement agreement has been violated, the COL. HENRY U. HARDER, JR. issue shall be determined by reference to the Mr. MCCONNELL. Mr. President, if COL. ERIC W. LIND formal dispute resolution procedures of the there is no further business to come be- COL. DAVID D. ZWART fore the Senate, I ask unanimous con- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED agreement. Settlements should include specific dis- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE pute resolution procedures. If the ƒparticular≈ for- sent that it stand adjourned under the OF THE AIR FORCE TO THE GRADE INDICATED UNDER mal settlement agreement does not have a previous order. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: stipulated method for dispute resolution of There being no objection, the Senate, To be major general ƒ ≈ an alleged violation of the agreement , the at 6:49 p.m., adjourned until Wednes- BRIG. GEN. DAVID P. BACZEWSKI Office may provide assistance in resolving the dispute, day, November 16, 2016, at 2:30 p.m. BRIG. GEN. TIMOTHY J. CATHCART including the services of a Mediator at the discretion BRIG. GEN. BRIAN T. DRAVIS ƒ f BRIG. GEN. JAMES O. EIFERT of the Executive Director. the following dispute BRIG. GEN. RICHARD W. KELLY resolution procedure shall be deemed to be a NOMINATIONS BRIG. GEN. CHRISTOPHER J. KNAPP part of each formal settlement agreement ap- BRIG. GEN. JON K. MOTT Executive nominations received by BRIG. GEN. CLAYTON W. MOUSHON proved by the Executive Director pursuant to BRIG. GEN. KERRY L. MUEHLENBECK section 414 of the Act:≈ Where the settlement agree- the Senate: BRIG. GEN. HOWARD P. PURCELL BRIG. GEN. DAVID P. SAN CLEMENTE ment does not have a stipulated method for resolving THE JUDICIARY ƒ ≈ BRIG. GEN. MICHAEL R. TAHERI violation allegations, Any complaint an allegation BRIG. GEN. ROGER E. WILLIAMS, JR. ƒ ≈ ƒ RAINEY RANSOM BRANDT, OF THE DISTRICT OF CO- regarding of a violation of a formal settle- LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ment agreement≈ may be filed with the Execu- COURT OF THE DISTRICT OF COLUMBIA, VICE LEE F. STATES OFFICER FOR APPOINTMENT IN THE RESERVE tive Director, but no later than 60 days after SATTERFIELD, RETIRING. OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: the party to the agreement becomes aware of FOREIGN SERVICE ƒ To be major general the alleged violation. Such complaints may THE FOLLOWING-NAMED CAREER MEMBERS OF THE be referred by the Executive Director to a Hear- SENIOR FOREIGN SERVICE OF THE UNITED STATES DE- BRIG. GEN. JESSE T. SIMMONS, JR.

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 9801 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6377

THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED BRIG. GEN. KURT S. CRYTZER IN THE COAST GUARD STATES OFFICERS FOR APPOINTMENT IN THE RESERVE BRIG. GEN. IVAN E. DENTON OF THE AIR FORCE TO THE GRADE INDICATED UNDER BRIG. GEN. JAMES C. ERNST THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TITLE 10, U.S.C., SECTIONS 12203 AND 12212: BRIG. GEN. KEVIN R. GRIESE IN THE UNITED STATES COAST GUARD TO THE GRADE IN- To be major general BRIG. GEN. MARK G. MALANKA DICATED UNDER TITLE 14, U.S.C., SECTION 271(E): BRIG. GEN. ROY V. MCCARTY To be rear admiral (lower half) BRIG. GEN. DAVID M. MCMINN BRIG. GEN. BLAKE C. ORTNER BRIG. GEN. RONALD E. PAUL BRIG. GEN. CHRISTOPHER J. PETTY CAPT. MELVIN W. BOUBOULIS BRIG. GEN. JESSIE R. ROBINSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. DONNA L. COTTRELL BRIG. GEN. STEVEN T. SCOTT CAPT. MICHAEL J. JOHNSTON IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- BRIG. GEN. RAYMOND F. SHIELDS, JR. CATED UNDER TITLE 10, U.S.C., SECTION 12203: CAPT. ERIC C. JONES BRIG. GEN. BRYAN E. SUNTHEIMER CAPT. MICHAEL P. RYAN To be brigadier general BRIG. GEN. KIRK E. VANPELT BRIG. GEN. TIMOTHY J. WOJTECKI IN THE AIR FORCE COL. WILLIAM E. DICKENS, JR. BRIG. GEN. MICHAEL R. ZERBONIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING ARMY NATIONAL GUARD OF THE TO THE GRADE INDICATED IN THE UNITED STATES AIR IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- FORCE UNDER TITLE 10, U.S.C., SECTION 624: CATED UNDER TITLE 10, U.S.C., SECTION 12203: SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be major To be brigadier general To be brigadier general KIP T. AVERETT COL. KATHLEEN M. FLARITY MARTIN S. BARNES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. MARK A. PITERSKI SCOTT CHRISTOPHER BRILL IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- THE FOLLOWING ARMY NATIONAL GUARD OF THE GARRELL D. CALTON CATED UNDER TITLE 10, U.S.C., SECTION 12203: UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- MICHAEL JAMES CAREY SERVE OF THE ARMY TO THE GRADE INDICATED UNDER ROMEO MARIO TOLENTINO CATUNGAL To be brigadier general TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JOHN CHARLES CHOI COL. BRIAN K. BORGEN To be brigadier general JUSTIN P. COMBS COL. JEFFREY S. HINRICHS RACHEL E. DAVID COL. JAY D. JENSEN COL. ELLIS F. HOPKINS III KELVIN W. FRANCIS THOMAS E. FUSSELL, JR. COL. BRET C. LARSON THE FOLLOWING ARMY NATIONAL GUARD OF THE PIOTR J. GAJDA COL. TODD J. MCCUBBIN UNITED STATES OFFICERS FOR APPOINTMENT IN THE MARK R. JUCHTER COL. PATRICE A. MELANCON RESERVE OF THE ARMY TO THE GRADE INDICATED AMBER L. KIESEL COL. ELLEN M. MOORE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: COL. BOYD C. L. PARKER IV PAUL P. LOSER COL. STEVEN B. PARKER To be brigadier general DEREK S. MARLEY COL. BRYAN P. RADLIFF DAVID VINCENT MCGUIRE COL. MICHAEL A. ABELL COL. SCOTT A. SAUTER CHAD S. MONTGOMERY COL. JOSEPH L. BIEHLER COL. CONSTANCE M. VON HOFFMAN ZACHARY LANIER NASH COL. JANEEN L. BIRCKHEAD JAMES MICHAEL PITTS THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COL. MARTI J. BISSELL MARIO SAVELLANO ROSARIO STATES OFFICER FOR APPOINTMENT IN THE RESERVE COL. SCOTT J. BOESPFLUG JEFFERY ROBERT SCOTT OF THE AIR FORCE TO THE GRADE INDICATED UNDER COL. RAYMOND D. BOSSERT, JR. TIMOTHY T. SESSIONS TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COL. PATRICK R. BOSSETTA KRAIG ALAN SMITH To be major general COL. THOMAS R. BOUCHARD JON WARD SMITHLEY COL. ROBERT A. BOYETTE KELLY D. STAHL BRIG. GEN. RANDOLPH J. STAUDENRAUS COL. KENNETH E. BRANDT JOSHUA M. STOLEY COL. STANLEY E. BUDRAITIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIEL S. WALKER COL. ANTHONY R. CAMACHO IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. MIKE A. CANZONERI CATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE GRADE INDICATED IN THE REGULAR AIR FORCE COL. RITA B. CASEY UNDER TITLE 10, U.S.C., SECTIONS 531 AND 716: To be major general COL. GREGORY P. CHANEY COL. PAUL B. CHAUNCEY III To be major BRIG. GEN. CRAIG L. LAFAVE COL. BOBBY L. CHRISTINE BRIG. GEN. PAMELA J. LINCOLN COL. EDWARD J. CHRYSTAL, JR. SHAWN M. GARCIA BRIG. GEN. DONALD R. LINDBERG COL. WILLIAM E. CRANE MORGAN H. LAIRD BRIG. GEN. RANDALL A. OGDEN COL. DARRELL W. DANIELS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIG. GEN. JAMES P. SCANLAN COL. GREGORY T. DAY TO THE GRADE INDICATED IN THE UNITED STATES AIR BRIG. GEN. PATRICK M. WADE COL. HENRY S. DIXON FORCE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COL. SCOTT A. DOUST STATES OFFICER FOR APPOINTMENT IN THE RESERVE COL. DWAINE E. DRUMMOND To be major COL. DIANE L. DUNN OF THE AIR FORCE TO THE GRADE INDICATED UNDER DANIEL C. ABELL COL. ROBERT A. DWAN TITLE 10, U.S.C., SECTIONS 12203 AND 12212: JONATHAN V. ABUEG COL. LEONARD H. DYER, JR. BRIAN S. ACERSON To be brigadier general COL. STEVE D. ELLIOTT MACMILLAN M. ACHU COL. FRANCIS J. EVON, JR. COL. STEPHEN C. MELTON DAVID G. ACKLAND COL. KELLY A. FISHER VINCENT P. ADAMO COL. ROBERT C. FRICK IN THE ARMY CHRISTOPHER D. ADAMS COL. ROBERT B. GASTON GARY W. ADAMS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. ANDREW L. GIBSON JAMIE L. ADAMS IN THE UNITED STATES ARMY TO THE GRADE INDICATED COL. KERRY W. GOODMAN JOHN T. ADAMS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COL. WILLIAM D. GRISWOLD MATTHEW T. ADAMS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COL. DENNIS J. HUMPHREY TIMOTHY R. ADAMS COL. ROBERT W. INTRESS JOHNPAUL P. ADRIAN To be lieutenant general COL. RICHARD F. JOHNSON RUTH SONGO BELE AFIESIMAMA COL. JEFFREY A. JONES MAJ. GEN. PAUL E. FUNK II BRETT AGATEP COL. ERIC T. JUDKINS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT HALEY E. AGETON COL. KIPLING V. KAHLER IN THE UNITED STATES ARMY TO THE GRADE INDICATED JOHN K. AHN COL. MOSES KAOIWI, JR. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TRAVIS R. AHRENS COL. ERIC K. LITTLE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DAVID MATTHEW AKINS COL. ZACHARY E. MANER ANDREW J. ALDERMAN COL. JAMES R. MATHEWS To be lieutenant general KYLE C. ALDERMAN COL. MARK A. MERLINO CHRISTOPHER S. ALEXANDER MAJ. GEN. GARY J. VOLESKY COL. DOUGLAS R. MESSNER DONALD W. ALEXANDER COL. DAVID J. MIKOLAITIES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JORDAN L. ALEXANDER COL. CHARLES W. MOORE IN THE UNITED STATES ARMY TO THE GRADE INDICATED JEREMY T. ALLEN COL. LEAH M. MOORE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KANDI S. ALLRED COL. MICHEL A. NATALI RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: EDDIE R. ALTIZER COL. REGINALD G.A. NEAL MELANIE K. ALVAREZ To be lieutenant general COL. JOHN M. OBERKIRSCH ANNE L. AMIGLEO COL. STEPHEN E. OSBORN MAJ. GEN. JAMES H. DICKINSON JUSTIN LEE AMUNDSON COL. RODNEY B. PAINTING BENJAMIN M. ANDERA THE FOLLOWING ARMY NATIONAL GUARD OF THE COL. CHAD J. PARKER BRIAN R. ANDERSON UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- COL. ROGER A. PRESLEY, JR. GRACE H. ANDERSON SERVE OF THE ARMY TO THE GRADE INDICATED UNDER COL. JOSE J. REYES RICKEY D. ANDERSON TITLE 10, U.S.C., SECTIONS 12203 AND 12211: COL. FRANK M. RICE TRAVIS A. ANDERSON COL. TIMOTHY L. RIEGER JACINTA F. ANDERSONLUJANO To be major general COL. JAMES W. RING DAVID N. ANDREWS COL. JOHN W. RUEGER BRIG. GEN. PATRICK M. HAMILTON KATHERINE M. ANDREWS COL. ADAM R. SILVERS THE FOLLOWING ARMY NATIONAL GUARD OF THE SEAN M. ANDREWS COL. JEFFREY D. SMILEY UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- ERIC R. ANTONIETTI COL. MICHAEL E. SPRAGGINS SERVE OF THE ARMY TO THE GRADE INDICATED UNDER KURT C. ANTONIO COL. STEVEN E. STIVERS TITLE 10, U.S.C., SECTIONS 12203 AND 12211: GUENNADI SERGEI ANTONOV COL. MECHELLE M. TUTTLE WADE M. APPEL COL. JEFFREY P. VAN To be major general STEVEN EDWARD APPLEBY COL. THOMAS M. VICKERS, JR. JON A. ARCETA BRIG. GEN. TIMOTHY J. HILTY COL. LOUIS W. WILHAM ROBERT JEROME ARDUINI THE FOLLOWING ARMY NATIONAL GUARD OF THE IN THE NAVY BRENDA R. ARINCORAYAN UNITED STATES OFFICERS FOR APPOINTMENT IN THE KARI M. ARMSTRONG RESERVE OF THE ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANIEL E. ARNAL UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: IN THE UNITED STATES NAVY TO THE GRADE INDICATED PAUL A. ARNER To be major general WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEREK P. ARNHOLTZ RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SETH D. ARTHUR BRIG. GEN. BENJAMIN F. ADAMS III To be vice admiral ANDY TIMOTHY ASHBURN BRIG. GEN. WAYNE L. BLACK CHRISTY M. ASHBY BRIG. GEN. CHRISTOPHER M. BURNS REAR ADM. (LH) MARY M. JACKSON JOHN E. AULD

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 9801 E:\CR\FM\A15NO6.070 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6378 CONGRESSIONAL RECORD — SENATE November 15, 2016

JACOB W. AULTMAN ANTHONY LEE BOWE ISAAC GASCA CAVAZOS RONALD MAUNG YE AUNG ERIC M. BOWERS MICHAEL C. CERISE GRAHAM C. AUTEN JON D. BOWLING DANIEL K. CERVANTES JOHN C. AVERY MICAH J. BOWRON JONATHAN A. CESER RATKO AVRAMOV MATTHEW J. BOYLE CHAD N. CHAMBERLAIN BRIAN C. AYERS PETER THOMAS BOZYNSKI JARRED KENNETH CHAMBERLAND ROBERT DOUGLAS AYERS KIMBERLY M. BRACKEN CHARLES D. CHAMBERS FREDERICK G. BACKHUS MATTHEW S. BRADY PAMELA D. CHANDLER CHRIS S. BAHRIJ KENNETH M. BRAKORA CHARLES R. CHAPOT MEGHAN MARIE BAILEY KHARY A. BRANCHROMERO GARY A. CHARNEY DANIEL H. BAKER CAMERON VIENOT BRANCUCCI CRAIG E. CHENEY JAMES P. BAKER JUSTIN E. BRANDEL RICHARD MICHAEL CHENG NICHOLAS D. BAKER JOHN S. BRANDES CHRISTOPHER E. CHERRY DANIELLE JEANETTE BALES DESHAUN BRANDY MATT J. CHERRY MICHAEL ROY BALL BRADLEY A. BREAUX CODY D. CHILES NEAL M. BALLAS DANIEL J. BREIDING BRADLEY P. CHING JOSEPH B. BALSKUS DAVID J. BRESSER KELLY A. CHIVERTON MATTHEW W. BAR STEPHEN J. BRESSETT NATHAN J. CHOTT EDUARDO BARAJAS PATRICK WADE BRETT MATTHEW BRYCE CHRISTENSEN CHRISTOPHER J. BARAN CATHERINE L. BREWER TYLER D. CHRISTENSEN DUSTIN ALAN BARBOUR LOGAN M. BREWER JASON D. CHRISTOPHER ABBY K. BARGER MICHAEL D. BREWER STEVEN D. CHRISTOPHER TADZWEIL ALEXANDER BARGER WILLIAM T. BREWER COLLIN C. CHRISTOPHERSON JOSHUA L. BARKER JUSTIN A. BRICKEY LINDSAY DEANETTE CHRISTOPHERSON MICHAEL JAMES BARLOW DESIREE N. BRICKS JUNE H. CHUNG MATTHEW P. BARNARD CHAD MICHAEL BRIDGEFORD SCOTT D. CHURCH TROY J. BARNES CHRISTOPHER M. BRIDGES, JR. TRAVIS E. CHURCH RONALD J. BARNHART RYAN W. BROCKMAN CAITLIN R. CIMA ANDREW C. BARRIER LUCAS M. BROMMER MITCHELL C. CLAPP CARLOS N. BARRIOS JOSHUA TYLER BROOKHISER ANITA B. CLARK JOHN W. BARRON DAVID G. BROST CHRISTOPHER L. CLARK BENJAMIN JOHN BARSNESS ADAM JARED BROWN DAVID A. CLARK GARRETT T. BARTEE CASEY J. BROWN FRANK CLARK EARL A. BARTH JOEL E. BROWN JORDAN B. CLARK LUKE S. BASHAM KATHLEEN F. BROWN MATTHEW R. CLARK DANIEL JAMES BASHAW MARVIN M. BROWN MICHAEL L. CLARK ERIC A. BASSETT MEREDITH I. BROWN TIMOTHY A. CLEAVER JONATHAN K. BATEMAN PHILIP M. BROWN NATHANIEL R. CLEGG ALLEN J. BATISTE RICHARD BROWN PATRICK D. CLEMENTS BRIAN BAUER BRIAN L. BROWNDYMKOSKI WILLIAM R. CLEMMER HECTOR G. BAUZA ELIZABETH M. BRUBAKER APRIL L. CLEVENGER JARED PADEN BAXLEY JESSICA LEA ANNE BRUDJAR JUSTIN T. COFFEY SHANA K. BEACH ADAM R. BRUEGGEN NICHOLAS A. COLLINS MATTHEW L. BEAUBIEN CHANCE JACK BRUMLEY FANY E. COLONDEHAYES DANIEL J. BEAUDOIN JAMES W. BRYANT, JR. MATTHEW B. COMER JASON P. BECK JONATHAN C. BRYDIE ANDREW J. M. COMPTON ANDREW C. BECKER AUSTIN R. BUCK SEAN A. CONLEY DAVID J. BECKER JAMES BUCKHEIT WARREN J. CONNELL JACOB W. BECKER SETH BUCKLEY JOSHUA CONNER PHILIP J. BECKER CATHERINE ANN BUCKNER MARSHAL T. CONOVER MARC PETER BECKIUS JAMIE DONALD BUDD JOSEPH R. CONRAD DAVID G. BECKMAN JASON S. BUELL MICHAEL E. CONRAD DUSTIN BEITZ PETER A. BULINSKI RICHARD A. CONRAD II CLARK M. BELFANTI ARTHUR J. BULL JOHN M. CONWAY MEGAN F. BELGER LAWRENCE C. BULLOCK MICHAEL W. COOK MITCHELL L. BELGER DANIEL BUNDY TREVOR J. COOK DEREK P. BELL KEVIN C. BUNTEN JASON W. COOKE DANIEL MICHAEL BELLISSIMO BRIAN M. BURGOON DAVID J. COONCE LIONEL O. BELTRAN LEO J. BURKARDT DAVID J. COOPER JUSTIN L. BELTZ NICHOLAS S. BURKE ESAMU DANIEL COOPER BRIAN S. BENDELE PATRICK W. BURKE CLAIR F. CORBIN BRANDON C. BENDER KEVIN A. BURLESON LARRY PADLAN CORNELIO JOSEPH C. BENSCOTER ALEXANDER D. BURNETTE WILLIAM F. CORNELIUS, JR. DANIEL W. BENSON TREVOR D. BURNHAM DANIEL L. CORNELIUSSEN WILLIAM E. BENTLEY KENNETH J. BURROWS MICHAEL E. CORRIGAN DANIEL EDWARD BERGEN JOHN S. BURTON CARL F. CORVIN MICHAEL D. BERGERON MATTHEW A. BURTON STEVEN A. COSGROVE JONATHAN A. BERGKAMP ADAM W. BURWINKLE ANDREW E. COTTLE ANDREW B. BERGMAN MICHAEL S. BUSH BRET J. COVE ROBIN J. BERGOO RYAN C. BUSHNELL NICHOLAS PATRICK COWAN CHARLES C. BERRY II KURT E. BUTERBAUGH II MORGAN J. COWLE EDWIN K. BERRY MICHAEL S. BUTLER JASON K. COX SAMUEL R. BERRYHILL BRANDON L. BYERLEY DANMICHAEL P. COYNE CRAIG JAY BERRYMAN BRENT PERCY BYNG ALEX VICTOR CRAVEN MATTHEW J. BERSZONER ANDREW B. BYRD KEVIN BRADLEY CRAWFORD SHAIN LANDON BESTICK IAN CADORNA SCOTT M. CRELLIN ROBERT A. BETTINGER CHARLES J. CADWELL ROBERT M. CRESPO LUKE BEVER JUSTIN J. CADWELL CY CRIBBS TIMOTHY C. BEXTEN CHRISTOPHER T. CAGLE MATTHEW P. CRIPPES DANIEL M. BIGLEY JESSE L. CALDWELL JOSHUA V. CROCKETT THOMAS S. BIHANSKY KERRIN R. CALDWELL KEITH P. CRONICAN SEAN D. BILLINGS MORGAN C. CALLENDER STEVEN C. CROSBIE JASON MICHAEL BINDEWALD JONATHAN H. CAMILLETTI JASON R. CROSBY SEAN R. BIRNEY BRIAN R. CAMPBELL ADAM C. CROSS TIMOTHY D. BIRT CHRISTOPHER C. CAMPBELL JOSHUA G. CROTEAU MICHAEL L. BISHOP CRAIG GEORGE CAMPBELL, JR. BRIAN P. CROUSE JOHN P. BISZKO JACOB M. CAMPIONE LUIS ANTONIO CRUZ HUERTAS CRAIG J. BITTNER JOSEPH M. CANGEALOSE JOHN R. CUELLAR YVETTE CRUZ BIVINS LANCE J. CANNON FRANK D. CUMBIE MICHAEL B. BLACKBURN RAUL CANTUALLA, JR. CHRISTOPHER P. CUMMINGS NATHAN JAMES BLAIR MICHAEL M. CAPELLE JOSEPH A. CUNNINGHAM III TIMOTHY CHAPMAN BLAKE, JR. DANIELLE CARETTI JEREMY R. CURBEY JUSTIN BLANKS MICHAEL P. CARETTI SHAWN M. CURRO DONALD THOMAS BLEEKER BRIAN A. CAREY CHRISTOPHER E. CURRY JONATHAN EDWARD BLENKUSH WILLIAM GEOFFREY CARGILL ANDREW M. CURTIS CRAIG L. BLESSING PAUL F. CARICO NICHOLAS J. CUSOLITO II JONATHAN DOUGLAS BLOUNT JUSTIN R. CARMONA ASHLEY J. CWIAKALA RAYMOND CRAWFORD BLOUNT RYAN P. CAROLAN JOSEPH A. CZABARANEK BRYCE KELBY BLUNCK CHRISTOPHER A. CARP LISANDRA A. DAGOSTINO ANTHONY J. BOCCHICCHIA BRANDON W. CARPENTER SCOTT E. DAHM JOHN R. BOCHERT JAMES D. CARPENTER ADANTO ANDREW DAMORE RYAN M. BODENHEIMER PATRICK O. CARPENTER CODY ALEXANDER DAMOTA STEVEN D. BOGERT GEOFFREY P. CARRIGAN KATHRYN L. DAMRON BERNIE BOGGS YUKUBU ASAMEL CARRIKER BARRETT A. DARNELL CODY R. BOHN JACK B. CARROLL DOUGLAS J. DASHIELL DONALD J. BOLDA SHAUN PATRICK CARROLL BOYCE H. DAUBY ALBERT B. BOND CHRISTOPHER E. CARSON CHARLES MADISON DAVIS IV LANG MICHAEL BORN BRYAN J. CARTER JUSTIN R. DAVIS GABRIEL ANGELO R. BORNILLA MICHAEL K. CARTER RICHARD LEE DAVIS JEFF P. BORRIELLO WILLIAM T. CARTER RYAN M. DAVIS AARON A. BORSZICH NICHOLAS ALEXANDER CARY ANDREW J. DAY MICHAEL M. BOSACK LAWSON J. CASS MELISSA CHRISTINA DAY JOHN B. BOSWELL PATRICK M. CASSIDY ERIC DULAY DE GUZMAN ANGELO ROCCO BOTTICELLI III BRANDON K. CASTILLO CHRISTOPHER A. DE LA PENA BRYAN L. BOUCHARD LETRICIA M. CASTILLO CHARLES S. DEBREE JONATHAN BOURKE JASON A. CASTLEBERRY BRIAN H. DECICCO ERIC A. BOW JOSE R. CASTRO CHINCHILLA CHRISTINA LOUISE DECKER

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 9801 E:\CR\FM\A15NO6.071 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6379

CHRISTOPHER J. DECKER JEFFREY L. FALKINBURG DOUGLASS E. GREENWELL AUSTIN D. DEENEY BRYAN E. FANICK SAMUEL GREGORY GREENWELL CARISSA DEE DEENEY JONMICHAEL FARINO PHILLIP A. GREGG PATRICK R. DEERING BOBBY R. FARMER JAMES L. GRESHAM TRAVERS H. DEGROOT TREVOR D. FEDELE DAVID T. GRIBBIN JEFFREY B. DEKKINGA ANDREW S. FERGUSON GABRIEL M. GRICOL STEPHEN ANTHONY DEL BAGNO BRIAN E. FERKALUK THOMAS S. GRIESEMER VIRMIL T. DELGADILLO JONATHAN FERNANDEZ DANIEL P. GRIFFIN LEANDRO A. DELOSSANTOS JOSEPH O. FERRANTE PATRICK R. GRIFFIN MARK DEMIANOVICH MATTHEW A. FEUCHT SEAN E. GRIFFIN JOSEPH DEMONTE JOELI R. FIELD WILLIAM E. GRIFFIN TIMOTHY RYAN DENHOED ANDREW ROBERT FINGALL JOHN T. GRIMES DUANE M. DENNEY DANIEL J. FINKENSTADT KAI NICOLAS GRIMMELL THERESA M. DENOFRE KEVIN S. FISCHER WILLIAM D. GRIPP RYAN MICHAEL DEPEW RYAN S. FISHER NICHOLAS D. GRONLUND DUSTIN B. DERE ZACHARY C. FISHER SCOTT ROBERT GROSS ADAM W. DERENTZ MICHAEL D. FITZSIMMONS MICHAEL WALTER GRUBER ZACHARY S. DESHETLER DANIEL M. FLANAGAN HUNTER P. GRUNDEN BRIAN P. DEVINE TREVOR S. FLATEN PAUL D. GUENTHER DANIEL DEVIRGILIO CHANDRA R. FLEMING ARIES PADERNA GUINTU CASSANDRA E. DEVOLITES RICARDO L. FLORES JOSHUA T. GULBRANSON JOSEPH J. DIAS SCOTT J. FLORKEY CRAIG R. GULLEDGE STEFAN M. DIETRICH RICHARD FOGEL FRANCISCO J. GUZMAN, JR. JONATHAN P. DIETZ STEPHEN C. FOGLE LINDSAY M. HAACK ALVIN J. DIGLES III BETHANY G. FOLEY KARRIE J. HADDAD PETER J. DINNDORF BRANDON D. FOLKS STEFAN D. HAFNER NICHOLAS J. DISNEY ROBERT R. FONNESBECK JOSEPH TYPHOON HAHN JOHN M. DIX CHRISJAY S. FONTILLAS KENNETH A. HAILE ERIK L. DIXON JASON W. FORD ALBERT N. HAINSFURTHER JONATHAN P. DIXON KENDAL A. FORRESTER LAUREN E. HALE PATRICK J. DIXON JACOB W. FORST AARON C. HALL JOHN W. DLUGOPOLSKY BRENT S. FOSTER BENTON G. HALL TYLER PAUL DOHALLOW DAVID A. FOSTER JOSEPH L. HALL CHRISTOPHER GLEN DOKKEN HANS C. FOSTER FRANCIS D. HALLADA CHRISTOPHER Y. DOLBY LUCAS D. FOX JOSEPH R. HALPERN PAUL HERBERT DOMM COREY W. FRAAS CUYLER PATRICK HALPIN MICHAEL JOSEPH DOMMER ZACHARY S. FRANKLIN BRANDI N. HAMILTON MARK C. DOMOGALA JESSE C. FRAZIER JOHN M. HAMILTON CHRISTOPHER M. DONAHUE TERRANCE H. FREGLY, JR. MERLE D. HAMILTON BRIAN E. DONEGAN ADAM L. FRIEDRICHSEN GALEN J. HAMMERSBURG ERIC NORMAN DORSEY MATTHEW KRISTOPHER FRYER MARK T. HANCOCK BRIAN R. DOUGAL JACOB K. FUCHS JUSTIN THEOPOLIS HANDLEY JAMES E. DOUGLAS ZACHARY A. FULTON CHRISTOPHER M. HANDY MATTHEW K. DOUGLAS JEFFREY L. FURNARY EVAN T. HANKS JOSHUA DOVE JOHN C. FUSON JAMES A. HANSEN WILLIAM H. DOWD TJ E. GABRIELSON ROSS Z. HANSEN PETER HARRIS DOWLING II PETER J. GAC TANYA M. HANSEN JONATHAN DOWNING KEVIN JEREMY GADD ALEXANDRA L. HANSON MATTHEW CASE DOWNING JOSEPH A. GAGNER JOSHUA A. HARDIN DOUGLAS E. DOWNS STEPHEN J. GALLAGHER DUSTIN ROBERT HARDWICK AARON LEVI DOYLE CHRISTOPHER J. GALLEGOS ANDREW P. HARDY LEA R. DOYLE CHRISTOPHER K. GAMBLE MEGAN R. HARENCAK EMERSON L. DRAIN STEPHEN R. GANDY TYLER P. HARMAN BENJAMIN TODD DRAPER ANDREW JAN G. GARCIA JEFFRY D. HARNLY ANTHONY J. DREMANN LIONEL JOSHUA GARCIA WILLIAM L. HARRELL DAVID ALFONSO DRENNAN NICHOLAS R. GARDNER MICHAEL JEREMIAH HARRINGTON RAQUEL J. DRONENBURG PETER S. GARDNER JAMES N. HARRIS JON D. DRUMMOND JOSEPH CRAIG GARN LIA AMILIA HARRIS PAUL A. DRYJA ROBERT I. GARRETT IV RYAN J. HARRIS CHRISTOPHER DUBOIS DANIEL L. GARRISON DANIEL C. HARTUNG BRANDON L. DUBUISSON MARTI LYN GARRISON SHEENA DIANE HARVEY JOSHUA A. DUCKETT MATTHEW R. GARTMANN ANDREW JOHN HASSETT BRANDON T. DUES MICHAEL D. GASKINS JOSHUA A. HASWELL CHAD M. DUGIE GABRIEL E. GASSIE EVAN R. HATTER TROY NICHOLAS DULANEY ELLIOTT L. GAUTREAUX ERIC S. HAUPT NATHANIEL WAYNE DULL JOSHUA S. GEIDEL MATTHEW B. HAWKINS CHRISTOPHER A. DUNLAP SCOTT CRAIG GEISER, JR. SEAN L. HAYDO MICHAEL C. DUNN OMAYRA GENAO DANIEL A. HAYES RICHARD M. DUNN MICHAEL M. GENTRY MICAH T. HEARD KYLE E. DURCH RAYMOND P. GEOFFROY JONATHAN P. HECKINGER ADAM C. DYKE MARK E. GEORGE HILLARY P. HEDBERG ZACHARY RICHARDLYN EAGLE KAYLA M. GEORGIAFANDIS ILEA HEFT JOSEPH EANETT GRANT M. GEORGULIS ZACHARY A. HEGEDISH TODD A. EARLY OTTO GERDEMAN DAVID A. HEINZ ADAM K. EASLEY JESSICA R. GETROST MATTHEW CHRISTOPHER HEISEL ALLISON R. EASTERLY BRYAN H. GIBBS DANIEL C. HELLAND ERIC J. EATON DOCLEIA GIBSON JACOB J. HEMELSTRAND KEVIN J. EATON JENNY L. GIBSON JACOB M. HEMPEN TAYLOR D. EAVENSON GERAD FISHER GILL ROBERT C. HENDRICK DEREK J. EBELING NICHOLAS A. GILLIN STEVEN T. HENDRICKS DREW R. EBNER JONATHAN D. GINGERY RYAN M. HENGEL BRADLEY T. ECHOLS HARRISON W. GIPPLE COLIE J. HENKEL KRISTINA B. ECLEVIA HOLLY FROST GIROUX ETHAN S. HENNESSEY BRIAN S. EDDY JASON B. GIROUX BEAU CAMERON HENRY DANIEL S. EDELSTEIN ARNE GJERE JOHN W. HEREFORD JORDAN D. EDIGER ZACK A. GLASER DUVALIER F. HERNANDEZ TUA ANDREW H. EDMUND RYAN O. GLASGOW ALMA K. HERNANDEZ DAVID P. EDSEN KRISTINA K. GLOEB CARLOS X. HERNANDEZ ANDREW J. EDWARDS PHILIP R. GLORIOSO DAVID J. HERNANDEZ JAHMIL P. EDWARDS DARRELL P. GLOVER JOSEPH G. HERNANDEZ KEVIN D. EDWARDS CHRISTOPHER T. GOAD MICHELLE C. HERNANDEZ MICHAEL S. EDWARDS BRANDON G. GOEBEL SHAUN MICHAEL HERR MATTHEW WARNER EICHEL JONATHAN G. GOERES MONICA S. HERRERA DAVID JOSEPH ELIZONDO NATHAN D. GOETSCH RUSKIN CALEB HERRERA LAUREN E. ELKINS DALE R. GOGAN MICHAEL S. HERTZOG KYLE R. ELLING CHRISTINIA R. GOLDEN ALEXANDER JOSEPH HESS JONATHAN C. ELLIOTT VANESSA M. GOMEZ JAY R. HESSENTHALER APRIL A. ELLIS ALAN R. GONCALVES ROBERT M. HETHERINGTON DOROTHY K. ELLIS AMANDA C. GONCALVES WADE M. HETRICK RICHARD DALE ELMORE III VANESSA C. GONZALEZ REBECCA HEYSE DANIEL L. ELSNER WILLIAM C. GORDON SHAUN P. HIBSHMAN JANNEL A. EMERY WILLIAM A. GOSS CHRISTOPHER M. HIGGINS DANIEL J. EMMONS JARED A. GRADY DONALD N. HIGGS NICHOLAS A. ENGLE BRENDAN J. GRAHAM JOSEPH S. HIGGS RYAN D. ENGLE JEFFREY GRAHAM PATRICK J. HIGHLAND JOHN S. ERB DAVID SCOTT GRAMES ZACHARY A. HIGHTOWER NATHAN R. ERICKSON JOSHUA D. GRAMM HEATHER M. HIGLEY SETH M. ERICKSON SCOTT W. GRAMS WILLIAM E. HILDEBRAND RYAN P. ERIKSEN ADAM K. GRAY ANNABELLE S. HILL MARCO JOSE ESCALERA STEPHEN W. GRAY MARVIN HINKSON MOLLIE CATHERINE ESHEL PALL DANIEL GREEN TREVOR LEE HITT ERIK M. EVANS SHAWN MICHAEL GREEN KIRA A. HNIDEY GILES L. EVANS SLOAN R. GREEN DAVID MICHAEL HO JOHN Q. EVERAGE ERIK R. GREENDYKE JONATHAN D. HOANG JEFFREY M. EVERETT LEXIE R. GREENE JOHN J. HOBSON KADE P. EWERT SHANNON JANINE GREENE NESSA EVE HOCK AARON R. EWING STEPHEN L. GREENWADE DAVID G. HOFF

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 9801 E:\CR\FM\A15NO6.073 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6380 CONGRESSIONAL RECORD — SENATE November 15, 2016

BRIAN E. HOFFMAN CORY D. KILLIAN JASON W. LOVELESS SETH J. HOFFMAN DANIEL J. KIM NATHAN R. LOWRY MELLETTE G. HOFLER DAVID S. KIM SARAH K. LOWRY GRIFF R. HOFMAN JONATHAN S. KIM ADAM B. LUBER JASON A. HOLT DANIEL A. KIMMICH NATHAN E. LUCERO KURT A. HOLTZMAN JAMES T. KING RANDI LEE LUDINGTON SHAWN D. HOOTON NATHAN A. KING JUSTIN D. LUGO LON C. HOPKINS PATRICK L. KING NICHOLAS ANTONIO LUINA DONALD S. HORNE RUSSELL E. KINGSBERY TIMOTHY M. LUKIANOWICZ MATTHEW STEVEN HORROCKS PAUL D. KITKO KENNETH DAVID LUSIGNAN CHRISTOPHER R. HOSKINS ANDREW M. KLINE JACOB R. LUSSON MATTHEW T. HOUGHT SARAH L. KLINE BLAKE O. LUTTRELL DANIEL J. HOUSE CHRISTOPHER L. KNAUTE DAVID D. LYNES ANDREW ALAN HOWARD AARON KNIGHT KRISTEN ELIZABETH LYON ROBERT HOWELL VALERIE M. KNIGHT PATRICK H. LYON KATE E. HRYNYK CHRISTINE R. KNOWLES DOUGLAS F. MABE JOSHUA P. HUBERTY DAVID W. KNOX MICAH M. MACDOWELL TIMOTHY J. HUBLER CHRISTOPHER J. KOKOCZKA STEVEN L. MACKINDER CHRISTOPHER J. HUCKINS JAMES R. KOLASA BRUCE F. MACNEILL CHRISTOPHER S. HUDDLESTON OLIVIA KAE KORTE RICHARD MADDEN ROBERT T. HUDSON JOHN J. KOSTELNIK CHRISTOPHER J. MADSON BRADLEY E. HUEBNER BRANDON J. KOSTER ROBERT C. MADSON ADAM LEE HUFFMAN JONATHAN C. KOUGIAS ZACHARY N. MAGNIN MELANIE LANTZ HUFFMAN ERIC KOWALSKI BRANDON M. MAGNUSON BRANDON WILLIAM HUGHES JORDAN A. KOWALSKI BRIAN LEWIS MAGUIRE JOSHUA G. HUGHES BRAD A. KOZENKO JOHN MAHANEY TYLER J. HUGHES BENNET D. KRAWCHUK FRANK J. MAILKI, JR. ZACHARY S. HUGHES NICHOLAS ADAM KRAYVO JAMES GARRARD MAILLIARD JARRED D. HUIRAS KYLE J. KROGH TODD E. MAITLAND JEROME N. HUNDT JOSEPH J. KROTA IV JACOB E. MAJEWSKI JOSHUA D. HUNT TOMASZ ZBIGNIEW KRYGOWSKI KARIM A. MALAVE RICHARD ANTHONY HUNT PAUL A. KRYNINE RICARDO E. MALAVE BRYAN R. HUNTER JONATHAN D. KUBACZ JOHN J. MALONEY AARON B. HUSK SCOTT M. KUBALEK ZACHARY T. MANGRICH CHAD WAYNE HUTCHINS CORY KUEHN JOHN M. MANN EZEKIEL PONIENTE IGNACO KARL R. KUEHNER AMANDA L. MANSHIP BRADLEY DAVID IMONDI BRENDAN J. KULCZYCKI MATTHEW CHARLES MANSHIP BARTHOLOMEW N. INGALLINA KEITH E. KUNKEL JOHNATHAN D. MARBURGER STEVEN P. INGRAHAM DUSTIN P. KURTZ LOGAN MARCUCCI AURELIO C. IRIZARRY KI WAN KWAK TANDON L. MARDIS CHRISTOPHER TOKIO ISHIDA ALLAN W. LABONTE ANDREW R. MARES BRIAN R. JACKSON HERSHEL H. LACKEY MICHAEL C. MARINER GREGORY J. JACKSON, JR. COLIN M. LAFAVOR JASON Z. MARKZON JOHN K. JACKSON SETH J. LAKE HEATH A. MARLIN BENJAMIN C. JAMISON CHRISTINA A. LAKEY MARC E. MARMINO BETH L. JANSSEN NICHOLAS J. LALIBERTE CHRISTOPHER S. MARTIN JOHN F. JANSTA JESTON JAI LAM DONALD K. MARTIN ELIZABETH L. JARDING MATTHEW LAMAR JACKSON R. MARTIN ROBERT M. JAROMIN JAMES H. LAMBACK JASON R. MARTIN MATT J. JASINSKI DANIEL B. LAMBERT PHILLIP CHAD MARTIN TIMOTHY J. JASTRAB JOHN M. LAMONICA REED EDWARD MARTIN SORAN JAVAHIRZADEH JOSHUALEE N. LANCASTER ZACHARY W. MARTIN DAVID A. JEFFERY BARTON A. LAND SARAH R. MASHBURN ROBERT B. JEFFREY DANIEL R. LAND MONICA L. MASON ALLEN D. JENNINGS ALAN MONTGOMERY LANDUA STEVEN ROBERT MASSARA HEIDI E. JENSEN TIMOTHY P. LANGAN STEPHEN J. MASSEY RYAN K. JENSEN JOSHUA D. LANGSTON ANDREW MASTON SKY B. JENSEN RICHARD L. LANSER ROBINSON AFALLA MATAMMU JAE HYUN JEON ROBERT O. LANTZ BRETT A. MATCHECK JENNY WEIYUE JI JUSTIN D. LAPIN MICHAEL BENJAMIN MATCHETT ANDREW J. JININGS DANIEL P. LARSEN ANDREA D. MATESICK ERIC C. JOACHIM CHRISTOPHER S. LARSON CLAY A. MATHEWS, JR. MARK JOHANNING JOHN D. LARSON ROBERT HEATH MATTHEWS CRAIG A. JOHANSEN JONATHAN A. LATTIMORE CHASE R. MATTINGLY CHRISTOPHER N. JOHNS TIMOTHY R. LAU WADE R. MAULSBY ADAM D. JOHNSON IAN SHERWIN ULEP LAYUGAN DAVID M. MAURER BLAKE E. JOHNSON CHARLES E. LEBEAU MATTHEW A. MAYER CHRISTOPHER O. JOHNSON DREW C. LEBLANC JUAN DE LA CRUZ MAYSSONET DONALD D. JOHNSON MICHAEL B. LEBOVITZ ADAM K. MCAULEY JEFFREY P. JOHNSON SHAUN H. LEE TIMOTHY P. MCBRIDE MATTHEW AARON JOHNSON BRIAN G. LEEN RICHARD A. MCCANN PETER M. JOHNSON SCOTT J. LEFGREN SEAN M. MCCLAIN PHILIP EDWARD JOHNSON STEVEN L. LEFORGE DAVID MICHAEL MCCLINTIC SCOTT L. JOHNSON JOHN P. LEGLOAHEC DEREK R. MCCLOY BRYAN C. JONES KELLY LEE LEHMAN SHANE N. MCCONNELL CASEY A. JONES ROBERT W. LEIDEL MARGARET Q. MCCORD CHRYSTINA L. JONES DANIEL R. LEININGER HYON K. MCCORMICK JARED M. JONES ALEXANDER C. LEONG MATTHEW SHELTON MCCRAW ANDREW J. JOUBEN CHRISTOPHER J. LEONHARDT JASON D. MCCULLEY KENNETH S. JUBB PHILIP LERE TIMOTHY MCDEVITT ALEX M. JURGEMEYER CHRISTOPHER R. LESSARD COLIN D. MCDONALD BRIAN O. JUSTUS DANIEL H. LEVY JAMES STEVEN MCDONALD JACOB L. JUSTUS ANDREW B. LEWIS MATTHEW S. MCDONALD STEVEN P. KADRICH JAMES D. LEWIS DARRAN P. MCEUEN MATTHEW A. KAHLEY MICHAEL B. LEWIS AMANDA L. MCFEETERS JORDAN G. KAHN SHIRA B. LEWIS RYAN JAMES MCGAHERN BRANDON M. KALSKI RYAN N. LEWKOWICZ CHRISTOPHER J. MCGARVEY ROBERT A. KAMBER JONATHAN S. LIARD PATRICK F. MCGEE NICHOLAS A. KAMON DAVID LIBERTI MATTHEW C. MCGINNIS WILLIAM E. KANGAS BERT LIDDELL CHRISTOPHER B. MCGRATH MOHAMMAD R. KARIMI CHRISTOPHER E. LIEN MANDY JOY MCHUGH LUCAS M. KARL STEPHEN N. LINHARDT IAN RICHARD MCKAY JON M. KASKELA CHARLES B. LINZ GINA M. MCKEEN TREVOR N. KAUFFELD MATTHEW L. LISA CYNTHIA L. MCKENNA JOHN T. KAUZLARIC ERIC A. LISCAR MICHAEL RUSSERT MCKENNA PAUL B. KAWAGUCHI DARIN JAMES LISTER RYAN MCKINSEY KIMBERLY M. KAYS JOHN BOSTON LITTLE ALEXANDER J. MCNAMEE ANDREW A. KEARL ROBERT C. LIVINGSTON MARK D. MCNAUGHTON BEMNNET W. KEBEDE CURTIS J. LLOYD BUDDY R. MCNEAL, JR. JOSHUA L. KEENER WILLIE WILLIAM LLOYD, JR. KELLY JAMES MCNERNEY MASON W. KEHS FRANK C. LOCHOCKI MATTHEW A. MCPHERSON JAMES J. KELLENBENCE BARRY O. LOGGINS BRIAN J. MCREYNOLDS DOUGLAS S. KELLEY COLLIN A. LOHR MATTHEW A. MCWHIRTER SEAN J. KELLIHER JONATHAN R. LOHSE MICHAEL A. MEALIFF AARON J. KELLY NICOLE J. LONDON ROBYN A. MEINHARD BRANDON M. KELLY CHRISTOPHER R. LONG WILLIAM M. MEISTER EVAN W. KELLY DANIEL S. LONG JON A. MENDOZA BENJAMIN C. KEMPEN ROBERT F. LONG IV JUSTIN M. MENSEN DANIEL P. KENDRIS PATRICK LOOKABAUGH DEVON MESSECAR AUSTIN M. KENNEDY ANGELIQUE E. LOPEZ GEORGE W. METROS STEPHEN W. KENNEDY BRIDGER D. LORD JOHN N. MEYER CARRIE J. KERNER ZACHERY K. LORD JOSHUA D. MEYER BRIAN W. KESTER STEPHEN G. LORENZ KEITH C. MEYER NICOLE K. KETRON SETH M. LORIMER NICHOLAS J. MEYERS MICHAEL DAVID KEYS MARCUS A. LOSINSKI BARRETT V. MEYSEMBOURG SHIRAZ AHMED KHAN CHRISTOPHER J. LOTT TODD W. MICKEL JOHN T. KIEHL GREGORY T. LOTZ JEFFREY L. MICKELSEN

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 9801 E:\CR\FM\A15NO6.074 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6381

RICHARD J. MICKELSEN DOUGLAS S. OH BRANDON K. PRYOR DANIEL MIHALEK JASON OH DUSTIN S. PUETT ALICIA M. E. N. MIKULAK DARRELL M. OLLIS JOHN A. PURCELL KATHRYN J. MILES LINCOLN OLSEN JEAN A. PURGASON HEIDI M. MILLBURG BRANDON J. OLSON JAMES ANDREW PUTNAM CHAD D. MILLER RICHARD L. OLSON, JR. DANIEL W. QUINLAN ERIC W. MILLER LUKE OMAN CURTIS E. RAABERG JARED R. MILLER MARK DANIEL ONDOV HANSEL J. RABELL KASSANDRA M. MILLER RYAN JAMES ONEIL MATTHEW S. RACINE KATHERINE M. MILLER KYLE R. ONEILL WILLIAM L. RADDATZ II LAURA M. MILLER MARVIN L. OPPERMAN ANDREW N. RADLOFF LOREN M. MILLER JORDAN E. ORNELAS JOSEPH A. RAFFA MAE REJOICE ROZEL M. MILLER REY E. ORTEGA ALICEA JOSHUA HYUKJIN RAH MATTHEW R. MILLER JASON T. OSGOOD REZA M. RAHIMI PATRICK SCOTT MILLER SETH G. OSTLUND MICHAEL J. RALLO TREVOR R. MILLETTE JONATHAN A. OSTWALT JOSHUA A. RAMIREZ ELLIOTT L. MILLIKEN JOHN P. OUELLET III LOUSON H. RAMOS CLINTON MINOR DANIEL C. OUPER JOHN C. RANKIN ANTHONY MIR GARY LEE OVER THOMAS J. RAPER STEPHANIE N. MITCHELL PAUL M. OVERDIEK DANIEL A. RAPPA TARAH D. MITCHELL BEAU B. PACE CRAIG C. RASLEY KENNETH S. MOLLESON JEFFERSON H. PAGE CHRISTOPHER K. RASOR BENJAMIN S. MONCIER JONNATHAN B. PAGE ARJUN U. RAU DERECK J. MONNIER KERRY J. PAHAL JOSHUA D. RAUSCHDAVIS MAURICIO O. MONTE RAJAN PAL JASON M. READ KEVIN BRYAN MONTES JOHN C. PALICKA MATTHEW C. RECKER ROBERT T. MONTGOMERY ALEXANDRA S. PALMER RAGHURAM B. REDDY DANIEL MOOMEY MICHAEL L. PALMORE SAMUEL T. REED ALEX L. MOON JOHANN A. PAMBIANCHI JONAH A. REEGER JEFFREY R. MOON VINAMRA V. PANDE NICHOLAS A. REEVES AARON R. MOORE ALEXANDER D. PANNONE CHAD A. REGER JARED DEAN MOORE JASON MARK PANZARELLO MATTHEW F. REILEY JOHN TRAVIS MOORE KATHERINE R. PAOLILLO CAITLIN T. REILLY LEO MICHAEL MOORE IV STEVEN J. PAPP BRENDAN B. REINA NICHOLAS M. MOORE BRIAN MATTHEW PARK ZACHARIAH D. REINEBOLD JUAN LUIS MORALES MATTHEW C. PARKER DANIEL REINEKE KYLE A. MORALES MICHAEL L. PARKER NICHOLAS J. REITZ MATTHEW J. MORAN ADAM K. PARKS ANDREW L. RELYEA MICHAEL K. MORAN WILLIAM S. PARKS ISRAEL J. REMO KELLY A. MORGAN BEAU A. PARMER STEWART JOSEPH RENZ MEGAN A. MORIARITY SAMEEK A. PARSA CHRISTINE M. RESZKA BENJAMIN P. MORITZ SHAWN L. PARTINGTON SHANE L. REXIUS CARL M. MORLOCK, JR. BRIAN J. PASCUZZI RACHEL L. REYNOLDS THOMAS E. MORRILL ASHISH P. PATEL RUSSELL C. REYNOLDS JOSEPH M. MORRIN DEREK J. PATRICK WILLIAM T. REYNOLDS JAMES R. MORRIS JARED M. PATTERSON AARON C. RHOADS CHRISTOPHER C. MORRISON JASON C. PATTERSON BRANDON M. RICE JONATHAN D. MORSE II AMANDA EDITH PATTON JOHN J. RIDER DANIEL L. MOSEBY GERALD DANIEL PATTON NATHAN R. RIEBER BRIAN MICHAEL MOSTEK ALEX J. PAUL KIMBERLY CHRISTINE RIGBY KYLE P. MOTTERN KURTIS A. PAUL CONOR M. RILEY JIMMY W. MOXLEY, JR. CHRISTOPHER E. PAULEY STEVEN H. RILEY JOSEPH DAVID MUCIA ROBERT JOHN PAYNE ELLIOT R. RILING NATHAN D. MUELLER BENJAMIN HAIGH PEACOCK GARY J. RISHER JORDAN O. MUGG JEFFREY MARK PELEHAC LEAH R. RIST REAGAN A. MULLIN CHRISTOPHER J. PELLEGRINO MICHAEL A. RITCHESON SHEA D. MUMMA ANDREW J. PELOQUIN ASHLEY N. RITZERT INGRID C. MUNIZ RYAN PENNINGTON JEFFREY S. RIVENBARK JAY T. MURNYACK THOMAS J. PEPKA JOHN ROBBINS BRANDON S. MURPHY DYLAN C. PERALTA AARON BENJAMIN ROBERTS KEVIN W. MURPHY HAROLD PERALTA ANDREW M. ROBERTS BRIAN P. MURRAY ANTHONY W. PEREZ JUSTIN D. ROBERTS JONATHAN KENDALL MUTH ENRIQUE E. PEREZ RYAN D. ROBERTS BRIAN A. MYERS ERIC J. PEREZ ZACHARY A. ROBERTS KYLE C. MYERS GILBERTO SERGIO PEREZ CHRISTOPHER SIMON ROBEY MICA M. MYERS JESSICA L. PEREZ LAUREN M. ROBILLARD COREY S. MZHICKTENO ANGELA P. PEREZCASTLE JEREMY W. ROBINSON SCOTT Y. NAKATANI STUART A. PERLOW NICHOLAS D. ROBINSON ANDREW J. NASH JOHN F. PERRY II WILLIAM L. ROBINSON II DANIEL A. NASKE JOHN M. PESKAR WILLIAM ROCAFORT ANDREW P. NATION CURTIS J. PETERSON CAROLYN D. ROCCO PHILIP A. NAUMAN JOSEPH S. PETERSON NICHOLAS R. ROCHELLE EVIN S. NEGRON SABRINA L. PETERSON LESLEE S. RODERICK KENNETH NEGRON DONALD J. PETRASH ALAN R. RODRIGUEZ CATHERINE F. NELSON DUSTIN E. PETRASH ANGEL G. RODRIGUEZ DANIEL L. NELSON DANIEL R. PFEIFFER MATTHEW T. RODRIGUEZ JESSE A. NELSON MARK THOMAS PHILLIPS RAYMOND J. ROE MATTHEW W. NELSON SHAUN D. PHIPPS TRAVIS M. ROEDER TYLER J. NELSON PATRICK E. PICARD ERIK M. ROGERS JOHN S. NEP MONICA Y. PICKENPAUGH SKYLAR W. ROLLINS RACHEL M. NEP KEVIN M. PIEPER LEO C. ROMERO JONATHAN M. NETERER MICHAEL A. PIERCE, JR. JACOB JEFFREY RONEY KIMBER L. NETTIS JEFFREY D. PIERDOMENICO THEODOR B. ROSANDER JAMES R. NETTLEINGHAM KATHLEEN PIHANA CHRISTOPHER W. ROSE SETH B. NEVILLE BRIAN C. PILLERS CHRISTOPHER M. ROSS BENJAMIN L. NEWMAN MATTHEW J. PINSON JOHN C. ROSTOWFSKE JARED M. NEWMAN JUAN C. PIZARRO BENJAMIN D. ROTH TIMOTHY C. NEWSCHWANDER WILLIAM J. PLACE BENJAMIN ROTZ JOHN ADAM NEWTON KATHERINE R. PLICHTA EDWARD WILLIAM ROUBAL JOSEPH T. NGUYEN JOSHUA R. PLOCINSKI CHRISTOPHER J. ROUSSEAU BRIAN F. NICHOLAS MICHAEL T. PLOURDE, JR. MATTHEW E. ROWAN KIRSTEN L. NICHOLLS CHRISTOPHER S. PLUME ANDREW MERWIN ROWCLIFFE JAMES D. NICHOLSON MICHAEL K. PLUMMER HEATHER R. ROWE AUSTIN K. NICK KRISTINE E. POBLETE DANIEL T. ROWLAND RYAN JOSEPH NICKELL ANDREW J. POE RYAN D. D. RUEDIGER JONATHAN GEORGE NICOLAS EMILY J. POLLARD NATHANIEL T. RUFFING MARK ALLEN NIELSON BRIAN M. POLLOCK JOSEPH C. RUOTOLO GARRETT P. NIKIFOROFF JONATHAN W. POLSTON STEVEN R. RUPLE CHRISTOPHER C. NINI ELIJAH S. PORTER ALAN D. RUSSELL, JR. CHRISTOPHER E. NITZEL ROBERT B. PORTER CHRISTOPHER J. RUSSELL BLAKE A. NIXON ADAM W. POTTER COLE T. RUSSELL AUSTIN M. NOBLE TREK C. POTTER DERRICK P. RUSSELL DOMINIC J. NOCERA PATRICK POTTINGER ROBERT A. RUSSELL VINCENT NOEL RYAN L. POWELL ROMAINE L. RUSSELL JAMES P. NOLAN SHANE ALLEN POWELL AUSTIN D. RUST MALLORY NORDQUIST JOHN C. POWERS ANDREW J. RUTHRAUFF MICHAEL B. NORRIS DENIS R. PRASAD BRIAN D. RUTKOWSKI TERRY J. NORTHRIP ANDREW J. PRATT MICHAEL W. RYAN TIMOTHY D. OBER IAN C. PRECOURT JONATHAN V. RYDBERG ALLIN N. OBERLIN LOGAN K. PRESTON MICHAEL C. SADLER MANUEL R. OCHOA CHARLES A. PRICE ERIC F. SAFSTROM EVE C. OCONNOR CHRISTIAN J. PRICE TONYA M. SAFSTROM RYAN C. ODEA MICHAEL R. PRICE ALLAN M. SAIN CHRISTOPHER P. ODELL GARY W. PRIEST GARY W. SAIN PATRICK D. ODELL JASON PRIVETT EDWARD A. SALAZAR DAVID T. ODONNELL DANIEL J. PRUDHOMME EUGENE SALAZAR JOHN SAMUEL OGILVIE KRISTOPHER H. PRUITT MATTHEW C. SALKOWSKI

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 9801 E:\CR\FM\A15NO6.075 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6382 CONGRESSIONAL RECORD — SENATE November 15, 2016

JOHN A. SALVADOR JEFFREY R. SMITH TYLER P. TIPTON JOSEPH T. SALVINO JOSEPH P. SMITH TAYLOR TODD FRITZ SAMSON JOSIAH C. SMITH SYDNEY A. TODOROV MATTHEW D. SANCHEZ KRISTEN A. SMITH JOSHUA G. TOPLIFF BRANDON L. SANDERS MATTHEW P. SMITH NICHOLAS J. TORROLL GUMERSINDO SANTIAGO RODRIGUEZ NATHANIEL L. SMITH REID B. TOUCHBERRY ANTHONY V. SANTINO NICHOLAS ROAN SMITH TUAN U. TRAN ERIC J. SANTROCH PHILIP M. SMITH KYRA L. TRASK MATTHEW SATCHELL SKYLER C. SMITH MATTHEW J. TREADWELL ERIN L. SAUCIER TRAVIS WADE SMITH ANDREW J. TREIMAN DANIEL SAUNDERS TYLER D. SMITH JORDAN CLAUDE TREMBLAY JUSTIN M. SAUNDERS RUSSELL D. SMYTH PINAK M. TRIVEDI IAN M. SAVILLE AVERY A. SNYDER CHRISTOPHER TROUTMAN KRISTINA M. SAWTELLE BRANDON SNYDER RYAN BERNARD TROXEL JENNIFER A. SAYERS BRYAN SNYDER DANIEL J. TRUEBLOOD DAVID E. SCANLAND DANIEL W. SNYDER THOMAS VU TRUONG MATTHEW SCARDACI RYAN J. SNYDER AYANA N. TUCHSCHERER BLAIR ALEXANDER SCHAEFER NATHANIEL T. SORENSEN MATTHEW T. TUCKER NICHOLAS P. SCHAEFFER REED H. SOUTHARD MICHAEL L. TUCKER KYLE M. SCHAFER BENJAMIN C. SPAIN ANTHONY V. TUERO SCOTT CONLEY SCHAVRIEN KYLE T. SPAIN DREW R. TULLSON ANDREW M. SCHERFF JOHN C. SPARKS ALEXANDER Y. TUNIS JARED A. SCHERFF LATASHA L. SPEAR JESSICA L. TUNTLAND ADAM W. SCHEUER GEORGE C. SPELIOTES ANGELA J. TURNER CHRISTOPHER J. SCHLENER ELIZABETH C. SPENCER CORY R. TURNER MATTHEW J. SCHLITTLER LEONARD J. SPIGIEL II JAMES A. TURNER JONATHAN T. SCHMIDT JAMES R. SPINDLER SPENCER E. TURNER LON G. SCHMIDT MATTHEW W. SPONSELLER MATTHEW E. UPCHURCH NICHOLAS SCHMIDT ZACHARY P. SPOTTS TRENTON R. UPDIKE GRANT JONAS SCHOLL MEGAN E. SPRANG NICKOLAS A. UPTAIN GREGORY C. SCHONBERGER ADAM MICHAEL SPRING NICHOLAS L. UZELAC JEFFREY M. SCHORTMANN JEREMIAH C. STAMP JONATHAN B. VAAGE GREGORY P. SCHROEDER RUSSELL B. STANFIELD ELIZABETH P. VACCARO JESSICA M. SCHROEDER ADAM J. STARKEY JOSHUA M. VACCARO MICHAEL P. SCHROEDER CHARLES E. STATEN NATHAN C. VALLE AARON R. SCHUETT JONATHAN P. STEEL MATTHEW VALLERAND ALVIN L. SCHULTZ, JR. MATTHEW FRANCIS STEELE DAVID P. VAN ALSTINE KATHERINE M. SCHULTZ CRAIG J. STEFFEK RYAN R. VAN BOCKEL TYLER A. SCHULTZ SEAN R. STEFFER JEFFREY A. VAN HORN BENJAMIN M. SCHULZE THOMAS E. STEINER MICAH M. VAN MERSBERGEN STEVEN E. SCHULZE JASON EDWARD STEINLICHT MICHAEL A. VAN NORMAN ALVIN JOSEPH SCHURMAN NICHOLAS M. STEPHENS MATTHEW B. VAN OSTEROM MATTHEW F. SCHWANDT TIMOTHY SCOTT STEPHENS JUSTIN L. VAN PATTEN FRANK G. SCOPA AARON T. STEVENS TAN VAN BOBBY R. SCOTT ANDREW J. STEVENS CHRISTOPHER ANDREW VANCE CHRISTOPHER SCOTT GREGORY J. STEWART KEITH D. VANDAGRIFF DAVID L. SCOTT JENNIFER A. STEWART KEVIN M. VANDAGRIFF MICHAEL R. SCOTT PHILLIP E. STEWART GRAYDON R. VANDAMENT RICHARD B. SCOTT BENJAMIN STILL JOHN R. VANDENBROEKE SHAUN R. SCRAFFORD RYAN M. STILLWELL LUCAS J. VANTASSEL CHASE T. SCULLY RACHAEL H. STONE BRADLEY JOE VAUGHN ALBERT W. SECREST, JR. ERICA M. STOOKSBURY KEVIN L. VEGA THEODORE K. SEHER BRIAN D. STOOPS JOOST J. VERDUYN CHRISTOPHER M. SEIDLER SARAH E. STORM CULLEN J. VETTER SPENCER ROBERTSON SELLERS SCOTT M. STORM AUGUSTIN J. VIANI TICO A. SELLERS KYLE EVERETT STRAMBLAD BRANDON A. VIANI LARRY B. SEPASSI ERICA K. STRAND SHANE K. VILLANUEVA CRYSTAL D. M. SERMONS TYLER C. STREIT MIKE D. VILVEN BRENT ERIC SETON JAMES D. STRONG MICHAEL J. VINS CHARLES N. SETZER STEPHEN R. STRUBER JASON R. VIOLETTE DACIA S. SEXTON JARED C. STRUCK BRICE DWAIN ERIK VIRELL SALVATORE SFERRAZZA, JR. BRIAN D. STRUYK TIMOTHY J. VOIGT SAMUEL J. SHAMBURG ROBERT T. STRZELEC KYLE C. VOLPE JOSEPH D. SHAMY SEAN W. STUMPF BRETT S. VONGROVEN PATRICK J. SHANKS ANDREW D. STURGEON RYAN P. WADE KELLY M. SHARBEL CHRISTOPHER T. SULLIVAN PHILLIP F. WAGENBACH NATHANIEL WARNER SHARKEY HARRISON R. SUMERALL THOMAS WILLIAM WAGNER, JR. VIPUL SHARMA MICHAEL S. SUN ZACHARY K. WAGNER ELIZABETH SHAW RAK BUM SUNG STEPHEN J. WAHNON JAMES D. SHAW TODD L. SUSAN ROBERT A. WALDRUP JOHN SHAW BENJAMIN J. SUSEK JAMES J. WALKER JAMIE LEE CHRISTINE SHEA JOHN E. SUTER SAM S. WALKER PAUL J. SHEEHEY CHRISTOPHER DOUGLAS SUTTON SONIA C. WALKER KYLE T. SHELTON EDWARD L. SUTTON TODD E. WALKER ROBERT A. SHERLOCK CHRISTOPHER M. SWEENEY ADAM GREGORY WALLACE MICHAEL J. SHERMAN EDWARD A. SWEENEY WILLIAM P. WALLER JUSTIN M. SHETTER SCOTT S. SWIGONSKI JONATHAN P. WALSH THEODORE R. SHILLIG JARED BLAKE SWINDLE MATTHEW B. WALTON JOSHUA SHIMKO MATTHEW R. SYME JEFFREY CHARLES WARD EMILY E. SHORT JESSE A. SZWEDA MATTHEW R. WARD ERIN E. SHORT JORDAN K. TABAYOYON ADAM JOHN WARGO ROBERT N. SHORT II PAUL A. TAGGART CHRISTOPHER M. WARMS STEVEN R. SHULTZ MATTHEW K. TAKANEN JUSTIN M. WARNER ALEXANDER J. SIBAL THOMAS P. TALAFUSE LUKE W. WASCOVICH KARL A. SICKENDICK JERIC T. TALANIA ROBERT JOHN WASIL BENJAMIN C. SIDES CHIN K. TAM RYAN JAMES WASSON JOHN R. SIDOR LOK MING P. TAM JOHN DOUGLAS WATERS, JR. MATTHEW D. SIEVERS MICHAEL A. TANNER DUSTIN CURTIS WATKINS CHARLES M. SIGMAN ALBERT B. TAO WILLIAM O. WATSON III JARROD L. SILCOX JOSHUA POWELL TATE BENJAMIN J. WAUER COREY D. SIMMONS ANDRE J. TAYLOR JEREMIAH R. WEAVER HEATHER A. SIMONE CHRISTOPHER A. TAYLOR CHRISTOPHER M. WEED ANDREW I. SIMPSON FORREST D. TAYLOR DANIEL J. WEEKS NICOLE L. SINGER RAHSON A. TAYLOR KAYLEE S. WEEKS BRANDON N. SIVRET CODY E. TEER SHANE D. WEEKS SEAN A. SIZEMORE DOMINIC RUPERT TEICH MATTHEW C. WEILBACHER NATHAN R. SKAVDAL ANDREW K. TEIGELER STEPHEN E. WEIR, JR. SCOTT D. SKIBITSKY JOHN P. TEKELL RYAN G. WEISSINGER JUSTIN W. SKINNER LINDSAY G. TEMES RODGER T. WELDING TRAVIS JUSTIN SLACK LINDSEY B. TENNEY MARCUS ROBERT WELLS MICHAEL E. SLAWSKI JEREMY M. TERNDRUP RYAN M. WELLS MICAH C. SLAYTON RENE TERRIQUEZ MICHAEL S. WELT TRAVIS SCOTT SLONE PETER J. THEISEN JUSTIN RAYMOND WERNER JONATHAN J. SLOTTJE JARED T. THIBAULT GABRIEL J. WEST JUSTIN K. SMALLING KAELIN DEAN THISTLEWOOD SHAWN M. WEST ADAM J. SMITH AARON J. THOMAS LUKE F. WESTMAN ADAM N. SMITH CHELSEE RENEE THOMAS MICHAEL A. WETHERBEE AMANDA LEA SMITH DONALD J. THOMAS MICHAEL E. WETLESEN BENJAMIN D. SMITH CHAD A. THOMPSON RAYMOND S. WHISENHUNT CAS R. SMITH JAMES EDWARD THOMPSON III DANIEL G. WHITE CHRISTOPHER SMITH RYAN M. THOMPSON JAMES L. WHITE CHRISTOPHER A. SMITH SARAH JANE AHN THOMPSON ROBIN MAE WHITE CHRISTOPHER J. SMITH MICHAEL L. THOMSON RYAN J. WHITE CORBAN J. SMITH ERIC R. THONVOLD IAN C. WHITEMAN CORY A. SMITH JOHN P. THORNTON SCOTT L. WHITMORE DON N. SMITH REGAN L. TILLMAN ADAM LEE WIENK DUSTIN L. SMITH AARON C. TIMMERMANN AKHENATON K. WILBOURN

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 9801 E:\CR\FM\A15NO6.077 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6383

PAUL A. WILCOX, JR. GRADE INDICATED IN THE RESERVE OF THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT J. WILCOX UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROSEMARIE M. WILDE To be colonel MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- JAMES D. WILDUNG TIONS 624 AND 3064: STEVEN A. WILHOIT ISAMETTIN A. ARAL To be major WESLEY S. WILKENING DANIEL J. BEGIN JAMES C. WILKINSON CYNTHIA VALDERREY BERNETT MELISSA B. REISTER KYLE S. WILKINSON CARLOS J. BORGES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL P. WILKINSON MYRTLE BOWEN TO THE GRADE INDICATED IN THE RESERVE OF THE DAVID R. WILLIAMS BRIAN JAMES BUDDEN ARMY UNDER TITLE 10, U.S.C., SECTION 12203: GEORGE W. WILLIAMS BRYAN C. CARLSON HUGH J. WILLIAMS JOHN T. CARMACK To be colonel JOSHUA EZRA WILLIAMS JULIE ANNE CARPENTER KIPP M. WILLIAMS GARY ROBERT CHARLTON II CHARLES M. CAUSEY MARTIN K. WILLIAMS CARRIE A. COLAS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NATHAN R. WILLIAMS JOHN MICHAEL COSGROVE TO THE GRADE INDICATED IN THE RESERVE OF THE REGINALD GERARD WILLIAMS MICHAEL HAGAN CROKER ARMY UNDER TITLE 10, U.S.C., SECTION 12203: SHANE T. WILLIAMS KONATA A. CRUMBLY SCOTT C. WILLIS ROBERT RICHARD DALTO To be colonel BRANDON V. WILSON MARY S. DECKER CHRISTIAN C. WILSON MICHAEL JON DIDIO STEPHEN A. LABATE CURTIS G. WILSON MATTHEW E. EAKINS RAYMOND J. ORR DAVID JOSEPH WILSON JOHN E. EHRHART, JR. THE FOLLOWING NAMED OFFICER FOR REGULAR AP- JEFFREY P. WILSON DOUGLAS C. EOUTE, JR. POINTMENT IN THE GRADE INDICATED IN THE UNITED JUSTIN C. WILSON QUENTEN MERRIT ESSER STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., ROBERT CHARLES WILSON JACK R. EVANS SECTIONS 531 AND 3064: RYAN E. WILSON EDWARD JOHN FINK, JR. SAMANTHA WILSON MICHAEL SHAWN GARRETT To be lieutenant colonel TIMOTHY S. WILSON TYLER M. GRIFFITH ROXANNE E. WALLACE KEVIN T. WINBLAD COREY MITCHELL HALVORSON RICHARD S. WINFIELD SCOTT DAVID HARRON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BENJAMIN L. WINGLER GREG J. HAWKESWORTH TO THE GRADE INDICATED IN THE UNITED STATES ARMY BUD V. WINN SHAWN EDWARD HOLTZ UNDER TITLE 10, U.S.C., SECTION 624: DANIEL J. WINN JEREMY FREDRICK HUFFAKER To be major KEVIN A. WINSLOW DONALD TODD HUSTON CHRISTINE N. WINTERMOTE RAYMOND L. HYLAND, JR. ERIC A. MITCHELL MARK JONERIC WIREMAN JAY PHILLIP JACKSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRITTANY L. WIRTH CHRISTOPHER A. JARRATT TO THE GRADE INDICATED IN THE RESERVE OF THE JOSHUA M. WOHLFORD DAWN L. JUNK LANIE S. WOLF DAVID M. KASHIWAMURA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL WOLF JARED PALMER KENNISH, JR. To be colonel LESLIE A. WOLL PATRICK W. KIRBY MATTHEW D. WOLSKI EDWARD B. LAMAR, JR. JONATHAN J. VANNATTA KELLY M. WOLTER PATRICK LEO LANAGHAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAMON R. WONG WILLIAM MICHAEL LEAHY TO THE GRADE INDICATED IN THE UNITED STATES ARMY NEIL J. WOOD MICHAEL J. LENAHAN UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM S. WOOD GREGORY R. LEWIS DAVID A. WOODDELL, JR. FRANK JAMES LOBASH To be lieutenant colonel CANDIS A. WOODS JARED SCOVILLE MAAG KEITH R. WOODS ALAN PATRICK MCCRACKEN DENNIS D. CALLOWAY MEGAN A. WORDEN LISA M. MCLEOD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BENJAMIN B. WORKER MICHAEL J. METCALF TO THE GRADE INDICATED IN THE RESERVE OF THE DEREK WOUDEN FRANKLIN B. MEYERS ARMY UNDER TITLE 10, U.S.C., SECTION 12203: KARRIE E. WRAY EILEEN M. MUELLER–MILLER KYLE D. WRIGHT MICHELLE R. MULBERRY To be colonel MICHAEL A. NELSON, JR. SCOTT M. WRIGHT KENNETH L. ALFORD STEPHANIE JO NELSON PAUL ROBERT WRUK MICHAEL A. MILTON GREGORY S. NOLTING EDWARD H. WYANT BRUCE T. SIDEBOTHAM JOHN M. WYANT LISA L. OBRIEN JASON M. WYCHE JOSEPH R. OLSZEWSKI THE FOLLOWING NAMED OFFICER IN THE GRADE INDI- NINA M. YACOVONE JAMES A. POKORSKI II CATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, MATTHEW H. YAN ROBERT MICHAEL PRATER U.S.C., SECTION 12203: CHRISTOPHER S. YEAGER JASON R. PRICE To be colonel FLORENCE KAKEI YEE GUILLERMO QUETELL KEITH W. YELK REID F. RASMUSSEN HENRY SPRING, JR. DIANE L. ROBERTS JOSHUA R. YERK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RANDELL YI BRETT B. ROBINSON MICHAEL S. ROSE TO THE GRADE INDICATED IN THE RESERVE OF THE RYAN M. YINGLING ARMY UNDER TITLE 10, U.S.C., SECTION 12203: LINDSAY L. YIP LAWRENCE HENRY SCHAEFER BRIAN K. YOAKAM LEASHA R. SCHEMMEL To be colonel ROBERT YOKOI CHRISTOPHER RAYMOND SCHMELZER ARTHUR B. YOUNG BEVERLY GAY SCHNEIDER CRAIG A. YUNKER JONATHAN D. YOUNG FRANCIS J. SCOLARO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW J. YOUNG ROGER DAVID SHAPIRO TO THE GRADE INDICATED IN THE UNITED STATES ARMY GINA MARIA SIMONSON BROCK ARTHUR YOWELL UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL RAY SPAULDING JING YU JOSEPH S. STEWART MARK YURGIL To be lieutenant colonel DAVID E. STOCKDILL MATTHEW S. ZACHARIAS ANTHONY D. STRATTON CORNELIUS J. POPE COSTANTINOS ZAGARIS STRIDER SULLEY TAYLOR JOSEPH ZAHM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RAFAEL TORRES MUNEEL A. ZAIDI TO THE GRADE INDICATED IN THE RESERVE OF THE KURT A. TUININGA EVAN STOWELL ZANGERLE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DENNIS V. VARELA STEPHANY S. ZARIFA EWERS JUSTIN T. WAGNER To be colonel AXEL A. ZENGOTITA ROBERT WILLIAM WAGNER MATTHEW D. ZENISHEK ANTHONY K. MCCONNELL JEFFREY BRIAN WARD ANTHONY JAMES ZIEGLER BRITT A. WATSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JESSE M. ZIEGLER JAMES LOUIS WEHRLI TO THE GRADE INDICATED IN THE UNITED STATES ARMY ERIC L. ZIESSLER RANDOLPH R. WHITELY UNDER TITLE 10, U.S.C., SECTION 624: CRAIG M. ZINCK TIMOTHY P. WILLIAMS ANDREW G. ZIOLKOWSKI To be lieutenant colonel JIMMY CARROLL WORLEY LIANE ZIVITSKI JANICE MARIE ZAUTNER ZACHARY L. ZORN JENNIFER L. CUMMINGS ADRIA PAGE ZUCCARO PETER ZWART THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LESLIE ANN ZYZDA–MARTIN THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- TO THE GRADE INDICATED IN THE RESERVE OF THE MENT TO THE GRADE INDICATED IN THE RESERVE OF IN THE ARMY ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel To be colonel TO THE GRADE INDICATED IN THE UNITED STATES ARMY VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS DONALD J. ERPENBACH GARY A. FAIRCHILD 624 AND 3064: TIMOTHY A. FANTER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE GRADE INDICATED IN THE REGULAR AIR FORCE TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: EILEEN K. JENKINS MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE To be major MEGAN M. LUKA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: PRESTON H. LEONARD THE FOLLOWING NAMED AIR NATIONAL GUARD OFFI- To be colonel CERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE RESERVE OF THE AIR FORCE UNDER TITLE 10, U. JEFFREY M. FARRIS TO THE GRADE INDICATED IN THE UNITED STATES ARMY VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS S.C., SECTIONS 12203 AND 12212: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 624 AND 3064: To be colonel TO THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- To be colonel BRANDON D. CLINT TIONS 624 AND 3064: EDMUND J. RUTHERFORD To be lieutenant colonel CARL I. SHAIA THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES OFFICERS FOR APPOINTMENT TO THE MATTHEW T. BELL TO THE GRADE INDICATED IN THE UNITED STATES ARMY

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 9801 E:\CR\FM\A15NO6.078 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6384 CONGRESSIONAL RECORD — SENATE November 15, 2016

VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES D. LEVINE II 624 AND 3064: TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOHN M. MCCABE To be lieutenant colonel UNDER TITLE 10, U.S.C., SECTION 624: PATRICK D. PFLAUM To be major CHARLES L. PRITCHARD, JR. LISA M. BARDEN STEPHANIE D. SANDERSON EMILY C. SCHIFFER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RICHARD A. GAUTIER, JR. THOMAS E. SCHIFFER TO THE GRADE INDICATED IN THE RESERVE OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JACKIE L. THOMPSON, JR. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE RESERVE OF THE LANCE B. TURLINGTON ARMY UNDER TITLE 10, U.S.C., SECTION 12203: To be colonel IN THE NAVY ROGER D. LYLES To be colonel THE FOLLOWING NAMED OFFICERS FOR TEMPORARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH A. PAPENFUS APPOINTMENT TO THE GRADE INDICATED IN THE TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE RESERVE OF THE 5721: To be lieutenant colonel ARMY UNDER TITLE 10, U.S.C., SECTION 12203: To be lieutenant commander CLARA A. BIEGANEK To be colonel JAFAR A. ALI THE FOLLOWING NAMED OFFICER FOR REGULAR AP- STUART G. BAKER JONANDREW D. ANDERSON JAMES E. BARFOOT POINTMENT IN THE GRADE INDICATED IN THE UNITED KEVIN R. BARNES BRIAN C. BEARD STATES ARMY JUDGE ADVOCATE GENERAL’S CORPS GEORGE T. CARTER ANDREW M. BRETT UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: JAMES P. HALL MATTHEW S. BROOKS LEONARD W. JONES To be major RYAN W. COLLINSMINKEL DAVID P. LARSON AMBER L. COWAN ISAIAH M. GARFIAS JOHN J. MARCH GREGORY L. CRUM PAUL D. THOMPSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TREVOR B. ELISON WALTER D. VENNEMAN TO THE GRADE INDICATED IN THE RESERVE OF THE MARKUS G. FRANZ ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DALLAS C. GATES To be colonel TO THE GRADE INDICATED IN THE RESERVE OF THE JERROD S. HALL ARMY UNDER TITLE 10, U.S.C., SECTION 12203: CATHERINE L. HAYNES LOUIS E. HERRERA To be colonel MICHAEL A. HOSELTON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT V. HUDDLESTON TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID S. YUEN CHRISTOPHER R. KAGEHIRO BRITTANY B. KALUSCAK UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS R. KINSEY TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be major JAMES P. LEE UNDER TITLE 10, U.S.C., SECTION 624: SCHNICKA L. SINGLETON DAVID B. LITZ To be major PAUL T. LYNE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- BRIAN F. MAHLER POINTMENT IN THE GRADE INDICATED IN THE UNITED DONTA A. WHITE MICHAEL J. MARKER STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S. C., THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER M. MAROLT SECTIONS 531 AND 3064: TO THE GRADE INDICATED IN THE UNITED STATES ARMY TYLER V. MARSHBURN To be colonel AS A CHAPLAIN UNDER TITLE 10, U.S.C., SECTIONS 624 ANDREW J. MARTIN AND 3064: CRAIG T. MEEKINS JOHN R. BURCHFIELD DANIEL T. MILLER THE FOLLOWING NAMED OFFICER FOR REGULAR AP- To be major NICHOLAS J. MOTTOLA POINTMENT IN THE GRADE INDICATED IN THE UNITED TONY A. HAMPTON MITCHELL S. NELSON STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: NEAL N. NELSON THE FOLLOWING NAMED ARMY NATIONAL GUARD OF KENT W. NYGREN To be major THE UNITED STATES OFFICERS FOR APPOINTMENT TO WILLIAM C. PARKS THE GRADE INDICATED IN THE RESERVE OF THE ARMY ELIZABETH S. EATONFERENZI JEREMY C. PHILLIPS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: RYAN J. PIFER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel WALTER G. POINT TO THE GRADE INDICATED IN THE UNITED STATES ARMY FRED D. RAY UNDER TITLE 10, U.S.C., SECTION 624: CHARLES C. ANDERSON JOSE SANCHEZ, JR. To be major JONATHAN P. BEDDALL PAUL D. SCHREINER GEORGE H. BRAUCHLER LUCAS R. SCRUBY RICHARD D. MINA MICHAEL C. BURGHARDT ALBERT J. STORRS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PERRY M. CARPER II ROBERT M. TANKSLEY TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANDREW C. DIEFENTHANLER BENJAMIN G. TARTELL JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, RICHARD D. FERGUSON JORGE G. TELLEZ U.S.C., SECTIONS 624 AND 3064: MICHAEL R. GLYNN ANTHONY K. WOLVERTON To be lieutenant colonel RYAN M. KING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DONALD J. KOSIAK IN THE GRADE INDICATED TO THE UNITED STATES NAVY TEMIDAYO L. ANDERSON ROBERT E. KUSTER RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ALISON F. H. ATKINS JOHN T. OAKLEY ANDREW R. ATKINS MICHAEL S. PEYERL To be captain PETER P. RILEY MICHAEL E. BAHM MERYL A. SEVERSON III AIMEE M. BATEMAN PAUL W. RODGERS CATHERINE L. BRANTLEY ZARA A. WALTERS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICK L. BRYAN ORSON M. WARD IN THE GRADE INDICATED IN THE REGULAR NAVY NAGESH CHELLURI JAMES D. WILLSON UNDER TITLE 10, U.S.C., SECTION 531: JASON A. COATS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant commander SCOTT A. DIROCCO TO THE GRADE INDICATED IN THE RESERVE OF THE REBECCA L. FARRELL ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ASHLEY R. BJORKLUND MATTHEW S. FITZGERALD THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- SEAN D. FOSTER To be colonel MENT TO THE GRADE INDICATED IN THE REGULAR NAVY JENNIFER B. GREEN UNDER TITLE 10, U.S.C., SECTION 531: SAMUEL E. GREGORY DAVID A. YASENCHOCK ROBERT A. GUILLEN, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant commander MICHAEL P. HARRY TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOE N. HILL UNDER TITLE 10, U.S.C., SECTION 624: ADELEKE O. MOWOBI JOSHUA L. KESSLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIEL R. KUECKER To be major TO THE GRADE INDICATED IN THE UNITED STATES NAVY JONATHAN LAMBERT AARON C. RAMIRO UNDER TITLE 10, U.S.C., SECTION 624: JAMES P. LEARY TODD L. LINDQUIST THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant commander TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL G. LIPKIN MARY K. ARBUTHNOT UNDER TITLE 10, U.S.C., SECTION 624: JOHN R. LONGLEY III JOHN K. WERNER, JR. MATTHEW H. LUND To be lieutenant colonel JUSTIN M. MARCHESI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY EDWARD B. MARTIN RICHARD M. STRONG DANIEL J. MURPHY UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JENEVIEVE R. MURPHY TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be lieutenant commander THOMAS W. OAKLEY UNDER TITLE 10, U.S.C., SECTION 624: MARK J. OPPEL STEPHEN W. HEDRICK BRIAN B. OWENS To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALEXANDER R. SCHNEIDER IN THE GRADE INDICATED IN THE UNITED STATES NAVY SHARI F. SHUGART BRENDON S. BAKER UNDER TITLE 10, U.S.C., SECTION 531: PHYLISHA A. SOUTH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHAY STANFORD TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be lieutenant commander TANASHA N. STINSON JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, VINCENT M. J. AMBROSINO JOSEPH L. STRAWN U.S.C., SECTIONS 624 AND 3064: ILDIKO E. SZENTKIRALYI THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- LUCIUS E. TILLMAN To be colonel MENT TO THE GRADE INDICATED IN THE NAVY RESERVE JOHN T. M. TUTTEROW UNDER TITLE 10, U.S.C., SECTION 12203: LANNY J. ACOSTA, JR. JASON C. WELLS JAMES A. BAGWELL To be captain D0127914 LAURA J. CALESE NEAL P. RIDGE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSE A. CORA TO THE GRADE INDICATED IN THE UNITED STATES ARMY JERRETT W. DUNLAP, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND JACQUELINE L. EMANUEL TO THE GRADE INDICATED IN THE UNITED STATES NAVY 3064: TERRI J. ERISMAN UNDER TITLE 10, U.S.C., SECTION 624: To be major JESSICA A. G. HALLING To be commander CHRISTOPHER A. KENNEBECK ANJELIQUA S. MCNAIR EUGENE Y. KIM MICHAEL A. POLITO

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 9801 E:\CR\FM\A15NO6.080 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6385

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID M. GILBERT CHRISTOPHER J. PELAR TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID S. GONZALEZ NEIL R. PENSO UNDER TITLE 10, U.S.C., SECTION 624: ELIEZER GONZALEZ KURT W. PFEFFER LEE R. GORLIN ANDREW D. PHIPPS To be captain ROBERT D. GORMAN JEYAR L. PIERCE WILLIAM A. SCHULTZ ANDREW M. GRANTHAM DAVID A. PIPKORN CHRISTOPHER F. GREENOUGH JOSEPH P. PLUNKETT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICK J. GRIZZLE ROBERT S. POITINGER TO THE GRADE INDICATED IN THE UNITED STATES NAVY SEAN T. GROARK JOHN P. POLEY UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL B. GRONCKI II JOSEPH P. PRADO To be lieutenant commander IAN C. GROOM ANDREW D. PRITCHETT ANTHONY J. GUIDO FREDRICK D. PUGH ABDESLAM BOUSALHAM MATTHEW C. HADDAD CHRISTOPHER S. PULLIAM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN M. HALL ERIC A. QUIGLEY TO THE GRADE INDICATED IN THE UNITED STATES NAVY IAN HANNA ALEJANDRO M. QUINTERO UNDER TITLE 10, U.S.C., SECTION 624: ERIC C. HANSON THOMAS J. RADER KEVAN P. HANSON RYAN R. RAMOS To be lieutenant commander BRENT L. HARDGRAVE PETER J. RANERI STEPHEN A. HART JONATHAN T. REBUCK SCOTT M. MOREY LISA G. HARTLEY FRANK M. REED III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON L. HATHAWAY HOWARD B. REINEY, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY KELLY L. HAUPT SHERAL A. RICHARDSON UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH S. HEAL BYRON RIOS To be lieutenant commander TERRANCE L. HERDLISKA CALLAN D. ROBBINS MATTHEW R. HERRING JASON W. ROBERTS CHRISTIAN R. FOSCHI JENNIFER L. HERTZLER MICHELLE I. ROSENBERG JOHN D. HESS MICHAEL C. ROSS IN THE COAST GUARD JEROD M. HITZEL MALLORIE G. SCHELL STEFANIE J. HODGDON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES J. SCHOCK JAMES M. HODGES DANIEL A. SCHRADER TO THE GRADE INDICATED IN THE UNITED STATES JONATHAN W. HOFIUS COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271(E): DEREK L. SCHRAMEL ZACHARY D. HUFF JOHN SGARLATA, JR. To be lieutenant commander STEVEN W. HULSE MATTHEW A. SHAFFER MATTHEW C. HUNT SALADIN SHELTON STEPHEN J. ALBERT BRYSON C. JACOBS PAUL C. SIMPSON ELROY S. ALLEN RAYMOND M. JAMROS JAMES D. SLAPAK KIRSTEN M. AMBORS–CASEY SARAH M. JANARO RANDALL J. SLUSHER JUAN C. AVILA DAVID L. JANNEY NORMA L. SMIHAL KENJI R. AWAMURA ANDREW B. JANTZEN COLLEEN M. SMITH CHARLES J. BARE CHELSEA A. KALIL JOSEPH L. SMITH DUSTIN G. BARKER ABIGAIL H. KAWADA JOSH L. SMITH TODD C. BATTEN CAROLINE D. KEARNEY KATIE E. SMITH CAROLINE B. BELL GARY G. KIM LAUREN E. SMOAK ZACHARY C. BENDER MIN H. KIM BRETT L. SPRENGER JAMES C. BENNETT GRETAL G. KINNEY KEVIN L. ST.CIN JONATHAN P. BENVENUTO DAVID B. KOMAR PAUL W. STEPLER JASON L. BERGER BRITTANI J. KOROKNAY RACHEL P. STRUBEL NICOLE L. BLANCHARD KEVIN K. KOSKI GEORGE R. SUCHANEK SIMON G. BLANCO MATTHEW M. KROLL JOHN P. SUCKOW JORDAN T. BOGHOSIAN SARAH A. KROLMAN KATHLEEN M. SULLIVAN CHRISTOPHER A. BONNER NICHOLAS R. KROSS AMY K. SUNG CHAD M. BROOK BROWNIE J. KUK MATTHEW M. SWANNER CHRISTINE S. BROWN CELINA H. LADYGA DAVID C. THOMPSON BRYAN P. BROWNLEE JONATHAN W. LADYGA DAMON THORNTON MARK W. BURGNER LEO C. LAKE JESSICA S. THORNTON WILLIAM J. BURWELL JONATHAN M. LARAIA JOHN D. TOMLIN KRISTEN M. BYERS DUSTIN T. LEE MELVIN A. TORRES NELSON W. CABLE KAREN M. LEE CHRISTOPHER N. TOUSSAINT NOLAN V. CAIN BLAKE K. LEEDY CYNTHIA S. TRAVERS KRISTEN B. CALDWELL CLINTON D. LEMASTERS MICHAEL R. TURANITZA GREGORY S. CARR PAUL M. LEON EDUARDO M. VALDEZ JASON R. CARRILLO BENJAMIN S. LEUTHOLD MATTHEW J. VANGINKEL KYLE M. CARTER AARON B. LEYKO FAUSTO E. VERAS KYRA M. CHIN–DYKEMAN JAMES P. LITZINGER MICHAEL M. VICKERS ERIN H. CHLUM JOHN T. LIVINGSTON MICHAEL A. VILES BRADLEY R. CLEMONS ROBERT J. LOKAR STEVEN M. VOLK MEGAN K. CLIFFORD SEAN A. LOTT JOHN M. WALSH ROBERT D. COLE, JR. RACHAEL E. LOVE TODD A. WEIMORTS ROBERTO C. CONCEPCION CHARLES A. LUMPKIN STEVEN D. WELCH JASON A. CONDON RYAN W. MACA BRUCE D. WELLS KEVIN H. CONNELL STEVEN A. MACIAS MASON C.E. WILCOX REBECCA M. CORSON ROBERT M. MACKENZIE DEREK D. WILSON JAMES D. COUCH ISSAC D. MAHAR PAUL A. WINDT BRIAN A. CRIMMEL SAWYER M. MANN NICHOLAS A. WOESSNER BRYAN S. CROOK MARC A. MARES FRANCIS E.S. WOLFE LANE P. CUTLER CHRISTOPHER H. MARTIN JONATHAN M. WOLSTENHOLME KATHRYN R. CYR SCOTT A. MCBRIDE ROBERT T. WRIGHT STEVEN T. DAVIES KENNITH W. MCCAIN VICTOR M. YAGUCHI REBECCA W. DEAKIN CHRISTOPHER J. MCCANN MILES K. YOUNG MICHAEL A. DEAL SCOTT J. MCCANN MATTHEW W. ZINN DANIEL J. DEANGELO JAYNA G. MCCARRON ANDREW B. DENNELLY ADAM J. MCCARTHY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AMANDA W. DENNING SCOTT H. MCGREW IN THE UNITED STATES COAST GUARD TO THE GRADE IN- AMANDA M. DIPIETRO PATRICK M. MCMAHON DICATED UNDER TITLE 14, U.S.C, SECTION 271(E): ANNA K. DIXON ANNA C. MCNEIL To be commander TIMOTHY W. DOLAN STEVEN T. MELVIN KELLI M. DOUGHERTY HERMIE P. MENDOZA JENNIFER L. ADAMS LESLIE M. DOWNING MEGAN K. MERVAR MARC H. AKUS STEPHEN J. DRAUSZEWSKI JULIAN M. MIDDLETON DAVID J. ALDOUS MICHAEL J. DUBINSKY JEFFREY S. MILGATE NATHAN W. ALLEN QUINTON L. DUBOSE MICHAEL S. MILLER RYAN J. ALLEN ANDREW S. DUNLEVY FRANK P. MINOPOLI SHAMEEN E. ANTHANIOWILLIAMS ELISA F. DYKMAN CAITLIN H. MITCHELL–WURSTER MELLISSA J. ARLES RONALD EASLEY NATHAN P. MORELLO CHRISTOPHER M. ARMSTRONG ERICA L. ELFGUINN KARL H. MUELLER CHARLES L. BANKS, JR. PATRICIA C. ELLISTON IAN J. MULCAHY ANN M. BASSOLINO DENNY A. ERNSTER ADAM L. MULLINS KEVIN M. BECK BRYCE G. ETTESTAD JOHN E. MUNDALE ANDREW J. BEHNKE JASON E. EVANS ANDREW J. MURPHY ROBERT J. BERRY II DANIEL J. EVERY JOSHUA C. MURPHY FRED S. BERTSCH IV AMANDA L. FAHRIG ELIZABETH G. NAKAGAWA VANESSA BLACKMORE DIANA FERGUSON NIKEA L. NATTEAL WILLIAM K. BLAIR JAMISON R. FERRIELL ANDREW J. NEBL JOHN D. BLOCK TRACI–ANN FIAMMETTA JASON A. NEIMAN PETER F. BOSMA MICHAEL L. FLINT DAVID T. NEWCOMB RUBEN E. BOUDREAUX JOHN M. FORSTER HUY D. NGUYEN KEVIN C. BOYD, JR. EDWARD K. FORYS BRET D. NICHOLS VALERIE A. BOYD REBECCA A. FOSHA CHRISTOPHER M. NICHOLS JASON P. BRAND MICHELLE M. FOSTER ERIC D. NIELSEN WILLIAM C. BRENT, JR. JAMES T. FREEMAN RICHARD D. NINES CHAD R. BRICK JEFFREY A. FRY JEFFREY T. NOYES SHANE D. BRIDGES NICHOLAS A. GALATI ROBERT P. ODONNELL KEVIN A. BROYLES VICTOR J. GALGANO GRACE E. OH BRYAN J. BURKHALTER RVEN T. GARCIA TERESA Z. OHLEY ERIC A. CAIN MICAH N. GENTILE PHILLIP N. ORTEGA JOSEPH G. CALLAGHAN ZACHERY J. GEYER JACOB T. PAARLBERG IAN L. CALLANDER MARIO G. GIL JARRETT S. PARKER BRIAN R. CARROLL

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 9801 E:\CR\FM\A15NO6.081 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6386 CONGRESSIONAL RECORD — SENATE November 15, 2016 PAUL R. CASEY CHRISTOPHER M. PASCIUTO To be captain ERIC M. CASPER CHESTER A. PASSIC JACOB L. CASS ANDREW L. PATE MARK E. AMES MICHAEL P.C. CHIEN MARK B. PATTON MICHAEL G. BARTON MICHAEL N. COST JEFFREY L. PAYNE LEON D. DAME JUSTIN K. COVERT JAMES H. PERSHING TIFFANY G. DANKO MELBA J. CRISP BARTON L. PHILPOTT STACIE L. FAIN CHARLENE R.T. CRISS JEFFREY J. PILE DANIEL J. FITZGERALD MARK W. CRYSLER ELIZABETH T. PLATT JOANNA K. HIIGEL CHRISTOPHER J. DAVIS KENNETH B. POOLE II JASON A. LEHTO KAREN DENNY JORGE PORTO RICHARD E. NEIMAN, JR. MATTHEW C. DERRENBACHER MARK B. POTOTSCHNIK COLLEEN M. PAK MICHAEL S. DIPACE LEAH M. PRESTON GEORGE W. PETRAS JASON D. DOLBECK AMANDA M. RAMASSINI MICHAEL A. SPOLIDORO MATTHEW D. DOORIS LIBBY J. RASMUSSEN MATTHEW D. WADLEIGH CHRISTOPHER DOUGLAS JEFFREY J. RASNAKE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEITH M. DOXEY LISA M. RICE IN THE UNITED STATES COAST GUARD TO THE GRADE IN- KEVIN F. DUFFY MATTHEW ROONEY DICATED UNDER TITLE 14, U.S.C., SECTION 271(E): JASON R. DUNN MICHAEL B. RUSSELL SAMUEL Z. EDWARDS JAN A. RYBKA JAMIE M. EMBRY PAUL SALERNO To be captain TODD L. EMERSON EVELYNN B. SAMMS JOHN F. BARRESI DANIEL J. EVERETTE RACHELLE N. SAMUEL AMY M. BEACH PETER M. EVONUK KEVIN B. SAUNDERS BENJAMIN D. BERG BRIAN M. FARMER BENJAMIN J. SCHLUCKEBIER JEFFREY P. FERLAUTO JOHN M. BRANCH TIMOTHY L. SCHMITZ FRANK J. FLORIO III PAUL BROOKS DEON J. SCOTT JAMES T. FOGLE BRUCE C. BROWN KIRK C. SHADRICK GEORGE O. FULENWIDER III SUZANNE M. BROWN BROOK W. SHERMAN PATRICK J. GALLAGHER MARIE BYRD JASON S. SMITH WILLIAM J. GEORGE FLIP P. CAPISTRANO LAURA J. SMOLINSKI ROBERT H. GOMEZ JAY CAPUTO JOAN SNAITH DENNIS D. GOOD CLINTON S. CARLSON GABRIEL J. SOMMA EVANGELINE R. GORMLEY KEVIN M. CARROLL ROBERT E. STILES JOHN A. GOSHORN TRAVIS L. CARTER JESSICA R. STYRON ANDREW P. GRANT JOHN D. COLE ROBERT D. TAYLOR BROOKE E. GRANT TIMOTHY J. CONNORS JAMES K. TERRELL DERRICK S. GREER ERIC M. COOPER EMILY L. THARP STEVEN M. GRIFFIN JOHN P. DEBOK ALFRED J. THOMPSON WILLIAM M. GROSSMAN ERIC D. DENLEY LAWRENCE W. TINSTMAN JAY W. GUYER ANGELIC D. DONOVAN DAVID A. TORRES GREGORY M. HAAS MARYELLEN J. DURLEY DEVIN L. TOWNSEND JEREMY M. HALL WILLIAM G. DWYER CHRISTOPHER A. TREIB BYRON H. HAYES MATTHEW EDWARDS JARED S. TRUSZ DOROTHY J. HERNAEZ MICHAEL J. ENNIS MICHAEL A. VENTURELLA ROBERT P. HILL BRIAN D. FALK MATTHEW J. WALKER JENNIFER L. HNATOW ROSEMARY P. FIRESTINE WILLIAM R. WALKER JACOB A. HOBSON ARTHUR H. GOMEZ SARA A. WALLACE MORGAN T. HOLDEN AMY B. GRABLE TAMARA S. WALLEN DEAN E. HORTON HOLLY R. HARRISON AMBER S. WARD DONALD K. ISOM MARK E. HIIGEL RODNEY P. WERT MAX M. JENNY PATRICK M. HILBERT STEPHEN E. WEST KHRISTOPHER D. JOHNS TODD M. HOWARD CHRISTOPHER A. WHITE CHRISTOPHER L. JONES RICHARD E. HOWES BRIAN R. WILLSON KAREN S. JONES MICHAEL A. HUDSON WILLIAM B. WINBURN MATTHEW N. JONES MARK A. JACKSON TRACY L. WIRTH KEVIN A. KEENAN SCOTT L. JOHNSON CHRISTOPHER L. WRIGHT SCOTT R. KIRKLAND ERIC P. KING BRENT C. YEZEFSKI AJA L. KIRKSEY SHAWN S. KOCH PETER J. ZAUNER DAVID J. KOWALCZYK, JR. SHERMAN M. LACEY DONALD R. KUHL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM A. LEWIN SHAWN A. LANSING IN THE UNITED STATES COAST GUARD RESERVE TO THE RALPH R. LITTLE MARK L. LAY GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: VIVIANNE LOUIE KRISTINA L. LEWIS MICHAEL C. MACMILLAN PAUL J. MANGINI To be captain JAMES D. MARQUEZ ELIZABETH L. MASSIMI DARYL P. SCHAFFER CRAIG J. MASSELLO RYAN P. MATSON LISA H. SCHULZ JOSEPH T. MCGILLEY ERIC J. MATTHIES ADAM B. MORRISON HAROLD L. MCCARTER THE FOLLOWING NAMED OFFICERS OF THE COAST PRINCE A. NEAL BLAKE A. MCKINNEY GUARD PERMANENT COMMISSIONED TEACHING STAFF TIMOTHY M. NEWTON WILLIAM A. MCKINSTRY FOR APPOINTMENT IN THE UNITED STATES COAST JEFFREY W. NOVAK JAMES M. MCLAY GUARD TO THE GRADE INDICATED UNDER TITLE 14, LOUIE C. PARKS, JR. JAMES D. MCMANUS U.S.C., SECTIONS 189 AND 276: JOSE A. PENA BRAD M. MCNALLY To be captain MICHAEL R. ROSCHEL JOSEPH W. MCPHERSON III GREGORY C. ROTHROCK JOHN M.P. MCTAMNEY IV DAVID C. CLIPPINGER JAMES B. RUSH RONALD R. MILLSPAUGH MICHAEL J. CORL JASON H. RYAN MARC J. MONTEMERLO GREGORY J. HALL MICHAEL SCHOONOVER, JR. JASON W. MORGAN RUSSELL E. BOWMAN MARK J. SHEPARD RYAN T. MURPHY JASON E. SMITH MICHAEL A. NALLI To be commander SAMPSON C. STEVENS MARK R. NEELAND JOSEPH T. BENIN SCOTT A. STOERMER JUSTIN W. NOGGLE JEFFREY S. SWANSON MARTIN L. NOSSETT IV To be lieutenant commander ROXANNE TAMEZ ANNE E. OCONNELL GREGORY L. THOMAS JAMES M. OMARA IV MATTHEW B. WILLIAMS RICHTER L. TIPTON ROGER E. OMENHISER, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERTO H. TORRES BRENDAN P. OSHEA IN THE UNITED STATES COAST GUARD RESERVE TO THE KARRIE C. TREBBE JOSEPH B. PARKER GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION JACQUELINE M. TWOMEY STACIA F. PARROTT 12203(A): MARK B. WALSH

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00070 Fmt 4624 Sfmt 9801 E:\CR\FM\A15NO6.082 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE