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, JULY 12, 2016 No. 112 Senate The Senate met at 10 a.m. and was morial service in honor of the five po- ing our country. In fact, drug overdoses called to order by the President pro lice officers slain in the senseless now claim 129 lives a day in America. tempore (Mr. HATCH). shooting during last week’s peaceful The families of these victims know f protest. The victims are individuals more must be done to prevent others who, like law enforcement officials in from enduring the pain of drug addic- PRAYER each of our communities, willingly put tion and overdose. The Chaplain, Dr. Barry C. Black, of- their lives on the line every day to Antidrug groups and law enforcement fered the following prayer: keep us safe. Their loss is a tragic re- officials also know more must be done Let us pray. minder of the courage and selflessness to prevent the widespread loss commu- Our Father in Heaven, may Your they possessed, just as it is a reminder nities have experienced at the hands of Name be honored. Today, lead our Sen- of the burdens their family bear on our this crisis. That is why nearly 250 anti- ators along the road of humility so behalf. Today we remember each of drug and law enforcement groups that You can exalt them in due time. them. across the country have voiced their May they have the wisdom to reap the I know I speak for the entire Senate support for the Comprehensive Addic- bountiful harvest that comes from in saying our hearts are with the fami- tion and Recovery Act conference re- planting the seeds of lowliness and rev- lies and friends of each of these vic- port. Just last week, these groups collec- erential awe. tims, the others wounded, the entire tively sent a letter urging passage of Lord, make them wise and strong as law enforcement community, and the this legislation, which they called a they face national challenges that city of Dallas. ‘‘truly comprehensive response to the threaten our freedom. Guide them, Our Nation experienced a great deal opioid epidemic’’ that represents ‘‘the of suffering and heartbreak last week. strong Deliverer, for they are pilgrims critical response we need.’’ These We must come together now to over- in time who are headed for eternity. groups represent States from coast to come these tragedies and allow healing Continue in everything to work for the coast, from Lifehouse Recovery Con- good of those who love You, who are to prevail. nection in California to Justice and Re- the called according to Your purposes. f covery Advocates in Maryland, to Keep us, O God, so dedicated to You CARA AND MILCON-VA AND ZIKA Friends of Recovery in New York, and Your purposes that we may do VIRUS FUNDING LEGISLATION among dozens and dozens of others. justly, love mercy, and walk humbly They have seen the crisis firsthand, Mr. MCCONNELL. Now, Mr. Presi- with You. and they know the positive impact this dent, let me speak on an entirely dif- We pray in Your majestic Name. bipartisan comprehensive response can ferent matter. Amen. have. f Angie was ‘‘a beautiful girl with a Here is what I mean. The National heart of gold and a smile that would Association of Counties and the Na- PLEDGE OF ALLEGIANCE light up a room’’ before her life was tional League of Cities have asked Con- The President pro tempore led the changed by heroin. Angie described her gress to ‘‘act quickly’’ and pass the Pledge of Allegiance, as follows: addiction to her mother, saying: CARA conference report. They call it I pledge allegiance to the Flag of the ‘‘Mom, I need this drug like I need air ‘‘a pivotal step towards stemming the United States of America, and to the Repub- to breathe.’’ It would take Angie expe- tide of this epidemic.’’ lic for which it stands, one nation under God, riencing an overdose and her mom beg- The Addiction Policy Forum has indivisible, with liberty and justice for all. ging her to quit before she agreed to warned Congress ‘‘not [to] play poli- f seek treatment. Unfortunately, tics’’ by blocking passage of this CARA though, like so many addicts, Angie conference report. They call it ‘‘a mon- RECOGNITION OF THE MAJORITY left the treatment facility and started LEADER umental step forward—a tipping point using again. She told her mother: ‘‘I’m to better addressing the paralyzing The PRESIDING OFFICER (Mr. COT- in a black hole and I can’t get out.’’ opioid epidemic.’’ TON). The majority leader is recog- Angie would end up dying from an The Faces and Voices of Recovery nized. overdose, her body dumped callously at has urged support too. They call it f the bottom of a muddy creek by her ‘‘the most expansive Federal, bipar- drug dealer. tisan legislation to date for addiction TRAGEDY IN DALLAS Tragically, Angie’s story is just one support services,’’ and they say it can Mr. MCCONNELL. Mr. President, glimpse into the widespread prescrip- ‘‘help save the lives of countless peo- today the city of Dallas will hold a me- tion opioid and heroin epidemic sweep- ple.’’

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

S4953

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VerDate Sep 11 2014 01:32 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.000 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4954 CONGRESSIONAL RECORD — SENATE July 12, 2016 The Fraternal Order of Police has they feel the same or if a partisan po- less effective at saving lives than it should asked Congress ‘‘to adopt the con- litical group is worth delaying funding be. ference report’’ on behalf of its more to protect families from Zika or fund- The Senate is expected to vote on this measure, approved by the House on Friday than 330,000 members. They call it an- ing our veterans. by an overwhelming 407-to-5 majority. It other ‘‘tool to reduce the deaths from There is only one option to get anti- would authorize addiction treatment and this epidemic.’’ Zika funding on the President’s desk prevention programs to stem what has be- So we are just one step away from before September; that is, passing the come a scourge and a disgrace—more than sending this legislation to the Presi- compromise Zika control and veterans 28,600 overdose deaths in 2014. dent’s desk. The House overwhelmingly funding legislation that is before us And it has gotten worse, not better, passed it by a vote of 407 to 5. With and sending it down to the President but this legislation contains not a continued cooperation, the Senate can for signature. penny to support any of these initia- send it to the President this week. The rules don’t allow for a conference tives. Remember, this Senate has provided report to be amended, and repassing Continuing to read from the article: more than twice as much funding for the same bill that went to conference The bill would allow the federal govern- opioid-related issues as under the pre- will not put a bill on the President’s ment to award grants to states to treat peo- vious Senate majority. Let me say that desk, it will not create a vaccine, it ple who are hooked on prescription pain- again. This Senate has provided more will not kill a single mosquito, and it killers and illicit drugs like heroin. In Con- than twice as much funding for opioid- will not help a single pregnant mother. gress, however, getting a program authorized related issues as under the previous So let’s do the right thing for our Na- is only half the battle. Republican leaders Senate majority. The passage of CARA say they will allocate funding when law- tion and pass the legislation that is be- makers return to Washington after a seven- would represent another crucial step fore us. week break that begins at the end of this toward combating this crisis. f week and ends after Labor Day. Yet there is Of course, this wouldn’t have been no good reason for Congress to put off a vote possible without the unwavering com- RECOGNITION OF THE MINORITY on funding, given the urgency of the prob- mitment of Members like Senator LEADER lem. PORTMAN, Senator AYOTTE, Senator The PRESIDING OFFICER. The Quoting again, the editorial ends GRASSLEY, and Senator ALEXANDER to Democratic leader is recognized. with a further funding caution: move this bill forward. From raising f Many lawmakers, especially those who are awareness about this crisis to serving CARA AND MILCON-VA AND ZIKA up for reelection, clearly want to show vot- as voices for the voiceless and working ers they are doing something about opioids. across the aisle to develop this com- VIRUS FUNDING LEGISLATION This bill amounts to progress, but it will not prehensive legislative response, these Mr. REID. Mr. President, the tor- change the trajectory of this epidemic. Senators were resolute in their sup- tured explanation from my friend the That says it all. port. In no small part, because of their Republican leader this morning about Without real funding, this legislation efforts to drive this bill forward, com- two important issues—opioids and is far from adequate. If we want to stop munities will be better equipped to pre- Zika—is an indication of why the Re- the increasing number of opioid vent heroin and prescription opioid publicans will no longer have the ma- overdoses, then we need to get serious abuse in the first place, just as they jority come election day. That is very about finding a way to do it. One way will be better equipped to save lives clear. You can’t go on doing what they is funding our Nation’s response to this and foster treatment and recovery. are doing and expect people to support scourge. I also want to recognize the work of you. So I repeat, it is no wonder that Democratic Members like Senator In the morning, we are going to vote there will be a change in the majority WHITEHOUSE and Senator KLOBUCHAR on opioid legislation. It is important of this body with what went on, as evi- for their efforts to help garner support we do that. Everyone in this Chamber denced by this morning’s statement by for this bill and move it through the knows we have to do something to stop my friend the Republican leader. To legislative process. There is no reason this epidemic. It has claimed the lives talk about a tortured explanation on every Senator shouldn’t support it of too many Americans, and it is doing Zika, the Zika problem we have in now. The sooner we send this bill to it every day. Our CARA conference re- America today is significant. Last the President’s desk, the sooner we can port is a start, but it is a missed oppor- night, 39 new cases were reported in 1 help our communities begin to heal tunity to do something really sub- day in America. from the prescription opioid and heroin stantive to stem the number of opioid These mosquitoes are ravaging—basi- crisis. overdoses across the country, and the cally two breeds of mosquitoes are Another way to do that is by passing reason for that is Republicans refused causing these problems. They are vi- the conference report that would fight to allocate money for this legislation. cious. They are awful. Mosquitoes have Zika and enact record levels of funding To have my friend talk about we been bad for generations, making peo- for veterans’ medical services, includ- have done twice as much as we did ple sick and causing people to die, but ing millions for substance abuse and under the previous majority—why this is new. Never in the history of all treatment. Democrats are clearly very wasn’t anything done before? Because the problems mosquitoes have caused nervous about their decision to attack it was filibustered. We couldn’t do it. have they caused birth defects. But women’s health and veterans with the There is not enough money to do all they do now, and they do it big-time. filibuster of the anti-Zika funding bill. the authorizing we have done for these The President is aware of the issue. He Who can blame them? They put forth a programs. There is not enough money. is aware of the issue. It is a very, very variety of tortured excuses that don’t In conference, Republicans again re- frightening thing for our country. stand up to scrutiny. They have offered jected our efforts to insert funding into In May, the Senate passed a bipar- a proposal they hoped would provide the report. Authorizing legislation is a tisan compromise to address this crisis. political cover by ditching funding for start, but without resources it is very The bill wasn’t perfect. The legislation our Nation’s veterans. That is clearly meaningless. Without any real funding, called for $1.1 billion in funding and not a solution. the conference report comes up really was well short of the $1.9 billion health I don’t know how Democrats plan to short. experts said was needed to address the explain any of this to veterans this For example, editorials around the crisis, but it was OK. It was certainly a summer. I certainly don’t know how country have said as much, and I will step forward, and 89 Senators—Demo- Democrats plan to explain this to preg- pick on one—the New York Times edi- crats and Republicans—agreed it was a nant mothers. Either Democrats be- torial board. This morning, in their good step forward. The Senate com- lieve Zika is a crisis that requires im- piece entitled ‘‘Congress Is Voting on promise at the very least was a step in mediate action or they do not. Repub- an Inadequate Opioid Bill,’’ they say: the right direction. That is why, in licans believe we ought to pass this bill Congress is about to pass a bill meant to spite of our serious reservations about now because this is a crisis. Our friends deal with the nation’s opioid epidemic. It the lack of adequate funding, we voted across the aisle will have to decide if contains some good ideas. It will also be far for this legislation, and I am glad we

VerDate Sep 11 2014 23:44 Jul 12, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.002 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4955 did. The overwhelming majority of Re- proposed to help fight Zika takes $500 treating it as such. ‘‘Opioids,’’ ‘‘Zika’’ publicans voted for this bill, and I am million—one-half billion dollars—from are only words from the Republicans. I glad they did. The Zika compromise the veterans program. That money was repeat for the third time this morning, passed, as I said, with 89 votes. Only to be used for processing claims for it is so clear why the Republicans are the most extreme, conservative Mem- veterans, which are way behind. We going to lose the majority in the U.S. bers of this body voted against it. That need that extra money. That is going Senate. All you have to do is listen to was 2 months ago. But since then, it to be gone. what the Republican leader had to say has become increasingly clear in the The so-called salvation of the Zika today. last 2 months that Republicans are not problem also rescinds $543 million from Will the Chair announce the business serious. They are playing games again ObamaCare. Right now, I could raise a of the Senate this morning. point of order, and that would go. That because they are not responding to the f threat posed by these mosquitoes and would be gone. It rescinds $543 million by this horrible, horrible condition from ObamaCare. They have to do this. RESERVATION OF LEADER TIME that they are causing for human They are so ideological: Let’s go The PRESIDING OFFICER. Under beings. after Planned Parenthood; let’s go the previous order, the leadership time Instead of working to send the bill to after the environmental community; is reserved. the President’s desk, the Republicans let’s make sure we do something about derailed the bipartisan response—89 ObamaCare; and, just for good meas- f Senators who voted—to send that to ure, because Ebola is not an emergency COMPREHENSIVE ADDICTION AND the House of Representatives. There this very second, let’s take more RECOVERY ACT OF 2016—CON- was a conference. The Republicans money from that. Two years ago, Ebola FERENCE REPORT chose a very reckless approach. They was a big emergency, and it will be The PRESIDING OFFICER. Under ignored what went on here in the Sen- again. And, just for good measure, to the previous order, the Senate will re- ate, even as more and more Americans satisfy the right-wing—as Speaker sume consideration of the conference are getting infected every day. There Boehner called them—crazies over report to accompany S. 524, which the are almost 4,000 people in the United there, they said: We will strike a provi- clerk will report. States and territories that have Zika sion on the Confederate flag that was The assistant bill clerk read as fol- right now. At least 600 pregnant women in the House bill. lows: have shown evidence of infection. We How is that for an effort to do some- don’t know how many of those preg- thing constructive? We all know the Conference report to accompany S. 524, a nant women who have this infection— Senate will not pass this Republican bill to authorize the Attorney General to conference report. President Obama award grants to address the national this virus—are going to bear very, very epidemics of prescription opioid abuse and sick babies. We don’t know how many, will not sign it into law. So why waste heroin use. more time on this? We should pass the but it is going to be a lot. The PRESIDING OFFICER. Under We should be working to fight Zika. bipartisan Senate compromise as soon the previous order, the time until 12:30 We should be working together. We as possible. My friend said: Well, we p.m. will be equally divided between should be providing public health ex- can’t amend the conference report. Of the two leaders or their designees. perts with the tools they need to fight course, we can do anything here. With The Senator from Illinois. this virus. It is not being done, as the unanimous consent, we can do all kinds Republican leader says. In the Senate, of good things. ZIKA VIRUS FUNDING we are stuck in limbo as the Repub- That is obviously the responsible Mr. DURBIN. Mr. President, 5 lican leader forces an unnecessary path forward, and we need to get this months—5 months—that is how long it revote on this failed proposal we got legislation to the President’s desk. In has been since the National Institutes from the House of Representatives and order to do that, we must bring the of Health and the Centers for Disease approved by the Republicans in the Zika compromise legislation before the Control and Prevention formally asked Senate—this conference report. We Senate as a stand-alone. I tried yester- the U.S. Congress to respond to a pub- don’t need to vote on this again. It was day to do that. I asked unanimous con- lic health emergency to combat the already rejected. It will be rejected sent that the Senate move to the com- Zika virus—5 months. again. Why? For very good reasons. promise legislation and the Senate In that time, we have seen the num- It is an abomination of a conference vote on that passage. But despite his ber of Americans infected with Zika report. It restricts funding for birth previous support for this bipartisan soar to 3,667. Of those, 599 are pregnant control provided by Planned Parent- legislation, the Republican leader ob- women. In Illinois, there are 26 con- hood. My friend talked about pregnant jected. Senate Democrats are not going firmed cases of Zika—5 months. To women. If we want to talk about preg- to be deterred. date, seven infants have been born with nant women, we ought to talk about Is there a State in the Union that is Zika-related birth defects in the women who don’t want to get pregnant. going to suffer more than Florida? No. United States. Five pregnancies have Where do they go? The vast majority of So the senior Senator from Florida is ended because of Zika-related birth de- women in America go to Planned Par- going to come to the floor in a little fects—5 months. Last week, Utah enthood. Millions go. This legislation while this morning, and he is going to health officials announced the first that the Republicans are trying to foist ask consent that the Senate proceed to U.S. death related to the Zika virus—5 on the American people stops them the Zika compromise as a stand-alone months. In Puerto Rico, where this sit- from being able to do that. It restricts bill. It can be done. We should do that. uation gets worse by the day, officials funding for birth control provided by Florida has been hit really hard, and reported a 1-week jump of 40 percent in Planned Parenthood. Planned Parent- the worst is yet to come. Yesterday the number of pregnant women on the hood is a whipping boy for the Repub- alone, as I indicated, there were new island diagnosed with Zika—5 months. licans. cases reported. According to the Palm Three thousand, six hundred sixty- This legislation also exempts pes- Beach Post, that brings the number of seven Americans to date are infected ticide spraying from the Clean Water Floridians—just Floridians—affected with Zika that we know of, 599 preg- Act. They had to get Planned Parent- with Zika today to almost 300, includ- nant women, 7 babies born with severe hood, and they had to do something to ing 43 pregnant women. So I hope they birth defects, 5 ended because of the the environmental community. Here is are going to consider the request by virus, and the first Zika-related what they are going to do to whack the Senator NELSON. We are willing to death—5 months since the President of environmental community: We will work with Republicans to get this the United States said this was a pub- just not have the Clean Water Act done. The Senate is going to adjourn lic health crisis. apply. for the long, 7-week vacation once we The Republican-controlled Congress Veterans—my friend the Republican get this done. has waited 5 months to respond to this leader talks about veterans funding. Our country is facing an emergency. crisis, and now we are on the verge of Understand that the legislation being It is time for the Republicans to start leaving town for 7 more weeks—until

VerDate Sep 11 2014 23:44 Jul 12, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.004 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4956 CONGRESSIONAL RECORD — SENATE July 12, 2016 September, after the conventions—and The Republican bill proposes deci- a political test for the most outrageous we will leave without providing our mating our Ebola prevention funding claims. Federal health agencies the money and diverting the resources. The major- Did I mention the fact that in con- they urgently need to fight Zika. By ity leader and majority whip claim the ference, the House and Senate Repub- the time Congress returns, it will be 7 House Zika bill is a compromise and bi- licans decided to add another provision months since the President asked Con- partisan. Let me be clear. It is neither. when it came to this public health cri- gress on an emergency basis to deal It is not a compromise, and it is not bi- sis? That provision would allow the dis- with this public health crisis of Zika. partisan. Not a single Democrat signed play of Confederate flags in veterans Every single American should be dis- the conference report that came out of cemeteries. Give me a break. What gusted by this, and every single Mem- the House. Despite the fact that 89 Sen- does that have to do with this public ber of Congress should be embarrassed. ators of both parties had voted for bi- health crisis or honoring our men and What is perhaps most infuriating partisan funding in the Senate, when women in the military or our veterans about this situation is that we have a they took it into conference, it turned who have served our country well? bipartisan Zika funding bill ready to into a political football. Mr. President, I yield the floor. go, and the President would sign it to- This is a cynical attempt by the Re- The PRESIDING OFFICER. The Sen- morrow if he could. In May, the Senate publicans in the House to hijack a pub- ator from Wyoming. passed a bill. I will concede, it was 3 lic health crisis and push a grab bag of PRIVATE SECTOR PENSIONS months after the President asked for their favorite unrelated poison pill rid- Mr. ENZI. Mr. President, as chair- it, but we did pass a bill. We had 89 ers. That is why their bill, as shown by man of the Budget Committee, I come votes supporting a bill to provide $1.1 the vote here last month, is a non- to the floor on a regular basis and give billion to fight this public health dis- starter in the Senate, and it is a non- some bad news, hopefully in small aster. It was less than the President starter with the American people. doses. If the small doses don’t work, I asked, but was a good-faith, bipartisan What is being lost during this entire am going to have to go to larger doses, effort supporting mosquito control pro- posturing and politicizing is the very but we do have a crisis of overspending. grams, lab capacity, surveillance ef- real toll Zika is taking. During the We are going to have some more oppor- forts, and maternal health services. It past 5 months, we have discovered new tunities to talk about that spending. Private sector pensions are what I wasn’t the bill that Democrats would and alarming things about Zika. We am going to talk about today. Private have written or the President asked know the Zika virus can be trans- sector pensions are relied upon by mil- for. It wasn’t really the bill that the mitted through sexual contact. Women lions of Americans for retirement secu- Republicans wanted to start with. It infected with Zika in their first tri- was a bipartisan, good-faith com- rity. They are agreements that are mester can face a 13-percent likelihood promise. made between an employer and its em- of a baby born with a serious problem. But what happened to that bill after ployees or a union and its members it left the Senate? Instead of that bi- Even if a pregnant woman doesn’t show which allow the recipients to receive partisan bill moving through the House any signs of infection, her baby can be payments in retirement. Those pay- and quickly to the President, it went born with serious, physical, and neuro- ments are based on a formula that in- into a conference committee, and that logical disorders. cludes a number of factors, including It has been 5 months since the Presi- is when things went terribly bad. Right years of service. dent asked for funding. This Repub- before adjourning for the Fourth of I have worked on pension policy for lican-led Congress just can’t get it July recess, the House Republicans de- all of my professional life. I have dealt cided to take our bipartisan bill with 89 right. Eighty-nine Senators, Demo- with pensions as a young accountant, votes and load it up like a right-wing crats and Republicans, came up with a as the mayor of the city of Gillette, as Christmas tree. They decided to attack bipartisan answer, they couldn’t get it a member of the Wyoming Legislature, environmental protection by over- through the House of Representatives, as a member of the Senate Pensions turning the clean water regulations. and we sit here today languishing in Committee, as chairman of the Senate They decided to block money to wom- this political mess. Pensions Committee, as a member of Researchers are examining the links en’s health providers. Most people re- the Senate Finance Committee, as member when the Republicans were to other negative health consequences: chairman of the Senate Retirement Se- prepared to shut down the government eye infections that lead to blindness, curity Subcommittee, as chairman of of the United States over the funding autoimmune disorders that cause pa- the Senate Budget Committee, and as of Planned Parenthood. Now, in this ralysis related to Zika virus. chairman of the conference committee What about the impact of maternal bill that they have sent back to us on the 2006 Pension Protection Act stress on the baby? I spent the last sev- from conference, they are prepared to that saved pensions for thousands of shut down our response to this public eral weeks meeting with maternal and workers without wholesale business health crisis of the Zika virus in order fetal health care providers and commu- bankruptcy. to defund Planned Parenthood. nity health leaders in Chicago. Yester- I also authored the 2006 Pension Pro- It also undermines the Affordable day I was in the Belleville area. They tection Act, which dramatically al- Care Act, which has been a traditional shared with me the fear and stress tered the funding rules and made sin- whipping boy of the rightwing, and it their patients are experiencing. Hun- gle-employer pension plans much more raids Ebola funds. They knew the dreds of pregnant women in Illinois are stable. The act also made significant Democrats wouldn’t accept these rid- seeking care and advice from doctors. changes to defined contribution plans ers. They made it as disgusting and re- They have undergone tests to make that drastically improved participa- pugnant politically as it could be. They sure their babies are safe. Sadly, three tion. I believe it is safe to say I speak said: Remember, we don’t need Ebola of those Illinois women have learned from my experience as a Member of funds. It turns out we do. they are already infected with Zika. I this body, with a large background in To this day, the CDC still has 80 dis- am sick and tired of this political game pension policy, and I am concerned ease specialists stationed in West Afri- being played by the House and Senate about where we are heading. ca. A few months ago, there was an Republicans when it comes to a public Out of the 24,361 single-employer pen- Ebola cluster in Guinea. In order to re- health crisis. sion plans that we have information spond to that unexpected outbreak, the The President got it right 5 months on, 4,486 are underfunded. The most re- CDC had to vaccinate 1,700 people, ago. Why can’t this Congress get it cent actuarial estimations of the track 20,000 people through surveil- right now before we leave for this 7- underfunding by the Pension Benefit lance, and open five emergency oper- week vacation? Enough is enough. It is Guaranty Corporation is over $758 bil- ation centers in two different coun- time for the Republican majority in lion. That should concern us because tries. the House and the Senate to do their the assets of the Pension Benefit Guar- The Republicans say: Well, we will job: respond to this public health crisis anty Corporation’s single-employer in- just take the money away from Ebola, in a sensible, bipartisan way, just as surance program are $85 billion. Let’s maybe things will work out fine in Af- our bill that passed the Senate with 89 see. Single-employer pensions are un- rica. votes addressed, instead of making this derfunded by $758 billion. That is

VerDate Sep 11 2014 23:44 Jul 12, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.005 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4957 rounding it down, actually. It should scarcely any part of our conduct which and the union, not between the mem- be $759 billion, with assets of $85 bil- may not hereafter be drawn into prece- bers and the American taxpayer. That lion. dent. bears repeating. The United Mine Let me say that another way and say I have frequently heard my col- Workers of America agreement was it again. The insurance program for leagues try to differentiate this case by made between the members and the that $758 billion only has $85 billion in speaking of a promise of a pension that United Mine Workers of America, not assets. That is not even our biggest was made to retirees in this particular between the members and the Amer- pension problem. Out of the 1,361 mul- union, but that agreement was between ican taxpayer. tiemployer pension plans, that means the members and the union. It was not It is also worth noting that the AML the collectively bargained agreements an agreement with the Federal Govern- fund is not unique in that it is com- we have information on, 1,238 are un- ment. prised of fees paid by a specific indus- derfunded. The most recent actuarial Second, I find it necessary to remind try or user base. One of the most sig- estimations of that underfunding is my colleagues this country is $19 tril- nificant pension problems we hear just over $611 billion. lion in debt and consistently increasing about today is the Central States Pen- What are the assets of the Pension its spending. We don’t have the money sion Fund, which I mentioned earlier Benefit Guaranty Corporation? They to shore up pension plans. To be clear, and which includes a large number of are $1.9 billion. In other words, the despite proponents arguing that this truckers. That fund is going broke. So safety net for $611 billion is one and legislation is paid for by coal compa- I will offer my colleagues an analogy nine-tenths billion. I would equate that nies’ contributions to the Abandoned using that fund. To be sure that there to trying to catching a whale shark Mine Land Trust, in reality, it would are roads to drive on, trucking compa- with a net made for minnows. be paid for by the taxpayers. nies pay a higher tax on their diesel This shouldn’t come as a surprise to The Surface Mining Control and Rec- fuel as well as taxes on truck and trail- anyone. The PBGC wrote in its 2015 an- lamation Act is funded by a tax levied er sales, heavy tires, and heavy vehicle nual report that ‘‘it is more likely than on mining operators per tonnage of usage. Together with a tax that all not that the multiemployer program’s coal harvested. Interest from the aban- consumers pay on every gallon of gaso- doned mine land fund can be trans- assets will be depleted in 2025.’’ The in- line purchased, these taxes fund the ferred to three trusts to support United surance policy for collectively bar- highway trust fund. This trust fund for Mineworkers’ health care benefits of gained pensions is on track to become highways builds roads and pays for re- orphaned miners. Orphaned miners are insolvent in less than a decade. In fact, pairs and new bridges that the truck- those whose companies no longer exist if the Central States Pension Fund ing industry and all drivers rely on. but whose health plans still exist. If goes under, it will reduce that amount Using a dwindling AML trust fund to the abandoned mine land interest does considerably. shore up the United Mine Workers of not cover these health care costs, the Altogether, private sector pensions America pension would be like shoring three United Mine Workers’ health are underfunded by $1.35 trillion, or to up the Central States Pension Fund care plans are entitled to payments put it in better perspective, $1,350 bil- from the U.S. Treasury. with the fund that builds highways be- lion. On top of that, per the most re- The AML interest payments are cause truckers pay into the highway cent actuarial data available for State often not sufficient to meet the three fund. That is what the United Mine and local pensions, the total amount of United Mine Workers’ health care Workers of America is asking us to do. underfunding in public sector pension plans’ needs so the general fund of the My guess is that, if we examined all plans is $1.2 trillion, or $1,200 billion. Treasury provides the balance. For ex- of the pension plans in critical and de- The total amount of unfunded liabil- ample, in fiscal year 2012, interest from clining or endangered status, we could ities in both private and public sector the abandoned mine land fund paid probably identify a fund that relevant pension plans is around $2,600 billion. $48.4 million toward the health care employers or employees paid into in That means these pension plans have funds, and the U.S. Treasury general some way. If we go down this road, agreed to pay out $2.6 trillion more fund, the taxpayer dollars, provided what is to stop those funds from being than they have available. For ref- $205.6 million. The AML interest can- raided to shore up the quasi-related erence, $2.6 trillion is $2,600 billion. It not take on another obligation. Now pensions? Where do we draw the line? is more than double what our current my colleagues are asking taxpayers to Lastly, I worry about the claims that annual spending is that Congress gets pay even more than the health care for we are helping all coal miners with this to make decisions on. That includes de- the United Mine Workers’ bene- proposal when, in reality, the policy fense, transportation, agriculture, and ficiaries. does absolutely nothing for miners who education—twice what we spend on the The portion of funds coming from the are not members of the United Mine things we get to make decisions on. U.S. Treasury will only increase. As I Workers of America. According to Bu- I have heard from some of my col- mentioned, the AML trust is funded by reau of Labor Statistics, nearly 11,000 leagues who have come to the Senate a tax levied on coal harvested. The key workers in the coal industry have lost floor and speak to the troubling predic- word is ‘‘harvested.’’ It breaks my their jobs in the last year, largely due aments of specific pension plans. Many heart to say this, but according to the to this administration’s policies. Yet of them are currently advocating for U.S. Energy Information Administra- my colleagues have proposed a bill that shoring up the United Mine Workers of tion, U.S. coal production, or har- would help only a portion of those peo- America pension plan, which is just vesting, is projected to be down over 25 ple, and the bill wouldn’t help put one of the 1,238 union pension plans percent this year compared to 2014. In those folks back to work, developing that are underfunded. I am concerned large part, that is due to the mercury the energy source that generated 33 about this for several reasons. air toxics standards rule, the stream percent of America’s electricity last First, if we take the steps my col- protection rule, the Clean Power Plan, year. Instead, proponents of this bill leagues are advocating for with regard the freeze on Federal coal leases, the are saying: If you are a member of the to the United Mine Workers of Amer- proposed increase in coal royalty rates, United Mine Workers of America, we ica, what are we going to do with the and everything else the administration want to help you with your health care next underfunded pension plan that is doing to shut down coal. Less coal benefits and pensions, but if you are comes around looking for assistance? being harvested means less taxes will not or if you want your job back, then What about the plan after that? There be paid into the abandoned mine land too bad. are hundreds of private-sector pension trust fund. As those abandoned mine I am not without sympathy for the plans in critical and declining or en- land dollars dry up, more and more of United Mine Workers of America’s coal dangered status throughout America the money this bill proposes to use for miners. Remember, I helped the miners today so I am not sure how Congress United Mine Workers’ health care and get their health care. Coal miners play would help the United Mine Workers of pensions will come from taxpayer dol- an integral part in our economy, and America and not the others. Para- lars. my colleagues have heard me say time phrasing President Washington: We are Again, I will point out this agree- and again that America runs on coal. walking on untrodden ground. There is ment was made between the members Nowhere is that more evident than in

VerDate Sep 11 2014 23:44 Jul 12, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.007 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4958 CONGRESSIONAL RECORD — SENATE July 12, 2016 my home State of Wyoming, which pro- UNANIMOUS CONSENT REQUEST—CONFERENCE If we want to get an outcome, if we duces 40 percent of the Nation’s coal. REPORT TO ACCOMPANY H.R. 2577 want to get $1.1 billion appropriated to In fact, we produce more coal than the Mr. MCCONNELL. Mr. President, re- combat Zika and do it now, and if we second through the sixth States in coal serving the right to object, let me just want to fund the military construction production combined. walk through this one more time in bill, the proposal the Senator from I have the deepest respect for coal case anybody is confused about where Florida is asking for will not achieve miners and am worried about those we are. that; therefore, I object. who have been laid off in Wyoming and As I said yesterday, Republican Sen- The PRESIDING OFFICER. Objec- across the country. I understand the ators are eager to pass the conference tion is heard. unique health care needs of miners, and report which is before us and send it to The Senator from Florida. I respect the health care promise this the President’s desk for signature. We Mr. NELSON. Mr. President, I would country has made to the miners over should do that today—this very day. just say to the majority leader that many decades. I have supported those That would accomplish several impor- one of the items in his proposal takes health care needs in the past, most spe- tant things before we leave for the money away from Puerto Rico. By see- cifically by working across the aisle to week. First, it would provide $1.1 bil- ing the unanimous vote we had—not shore up the three United Mine Work- lion in immediate funding to combat unanimous—the overwhelming vote ers of America’s health care funds back Zika. That is the exact amount of last week for the financial assistance in the mid-2000s. I believe it is impor- money in the Democrats’ request. How- plan to help Puerto Rico get out of its tant that coal miners continue to re- ever, the Democrats’ request includes financial woes—part of those financial ceive quality health care. I also believe only funding for Zika and leaves the woes is in the health care sector. We it is crucial that they, as well as all rest of the important priorities behind. know that experts have told us that 20 Americans, have the opportunity to The conference report that the House percent of the population of Puerto live out their retirement years in fi- passed includes full funding for Zika, Rico is estimated to be infected with nancial solvency, but I also want funding for military construction, the Zika virus by the end of this sum- America to remain financially solvent. funding for veterans programs, and mer. So there is just one example of I don’t believe the efforts of my col- temporary but meaningful reforms to why we should not take an approach leagues advocating for this United ensure that we are able to combat mos- that is taking money out of the Afford- Mine Workers of America bill help the quito-borne illnesses during the sum- able Care Act and taking money away mine workers in a way that is fair to mer months, which are upon us. from family planning, but specifically the Federal taxpayers or to the other We should pass the conference report with regard to its effect upon Puerto coal miners across America. I also today—this very day. Therefore, I ask Rico. know the troubling truth about some unanimous consent that the Senate As I shared with the Senate last of America’s pension plans, as I pointed proceed to the consideration of the week, I represent the State that had 11 out on this chart, that are under- conference report to accompany H.R. new cases of the Zika virus last week. funded, as well as the faces of the par- 2577 and that the conference report be Well, lo and behold, we now have 13 ticipants within those plans. I have agreed to with no intervening action or more new cases, bringing the total in met with them and heard their stories debate. our State to 276, which includes 43 throughout my professional life. There The PRESIDING OFFICER. Is there pregnant women, and that is just one are facets of our retirement system objection? of the 50 States in the Union, not in- that we can fix to help retirees, but I Mr. NELSON. Mr. President, reserv- cluding the territories. The number of remain concerned about the use of Fed- ing the right to object—first of all, did cases being reported across the country eral tax dollars to shore up specific I hear an objection from the majority continues to rise. There have been pension plans and to make false prom- leader to my unanimous consent re- seven infants born in the United States ises. quest? with Zika-related birth defects, and I thank the Presiding Officer, and I The PRESIDING OFFICER. The ma- you know what I am talking about be- yield the floor. jority leader has not yet objected. cause you have seen the pictures of I suggest the absence of a quorum. Mr. MCCONNELL. Mr. President, I how, when the virus attacks the fetus The PRESIDING OFFICER. The believe I reserved the right to object in its development, it does not allow clerk will call the roll. and then offered an alternative unani- the development properly of the head The assistant bill clerk proceeded to mous consent request to which I think and of the brain. call the roll. the Senator from Florida is about to Right now in America, the CDC is Mr. NELSON. Mr. President, I ask respond. monitoring 599 pregnant women. Public unanimous consent that the order for Mr. NELSON. Mr. President, reserv- health experts estimate that caring for the quorum call be rescinded. ing the right to object, now here we are a child born with Zika-related The PRESIDING OFFICER (Mr. in the same old political games. With a microcephaly could amount to $10 mil- FLAKE). Without objection, it is so or- much needed bill, MILCON-VA—a very lion in medical costs over that child’s dered. good bill—attaching a Zika bill that is lifetime. That is just speaking about UNANIMOUS CONSENT REQUEST—H.R. 5243 loaded down with poison pills, that the dollars; that is not talking about Mr. NELSON. Mr. President, I come takes away family planning funds and the tragedy. By that estimate, it would to the floor for the purpose of making also takes money out of the Affordable cost up to $2 billion to care for 200 chil- a unanimous consent request with re- Care Act. So here again it is the same dren born with microcephaly. That is gard to Zika. political games, and for that reason, I $100 million more than the amount this I ask unanimous consent that the object. Senator and the minority leader had Senate proceed to the consideration of The PRESIDING OFFICER. Objec- asked for in the first place, reflecting H.R. 5243, which is at the desk; that all tion is heard to the majority leader’s the President’s request of $1.9 billion after the enacting clause be stricken; request. that the experts say is needed to curb that the substitute amendment, which Is there objection to the request of the spread of the virus. That request is the text of the Blunt-Murray amend- the Senator from Florida? was made 4 months ago, and we still ment to provide $1.1 billion of funding Mr. MCCONNELL. Mr. President, re- haven’t done anything about it. for Zika, be agreed to; that there be up serving the right to object—and I will At what point do the majority and to 1 hour of debate equally divided be- be objecting—let me just say to my the majority leader decide to stop tween the two leaders or their des- good friend from Florida that regard- playing these games and simply do ignees; that upon the use or yielding less of the substantive arguments he is what is needed? back of time, the bill, as amended, be making, as a practical matter, if we Mr. REID. Mr. President, will my read a third time and the Senate vote were to repass the Senate bill, it would friend yield for a question? on passage of the bill, as amended, with not pass the House, so it would not Mr. NELSON. Of course. no intervening action or debate. achieve the result we are looking for. Mr. REID. Is it true that your family The PRESIDING OFFICER. Is there So I guess who is playing political first came to Florida in 1829 or some- objection? games is in the eye of the beholder. where in there—a long time ago?

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Through the Chair, Mr. I would say, Mr. President, in response asked for emergency funding of $1.9 bil- President, I would answer the Senator. to the Senator, between a pregnant lion for mosquito abatement, for med- Yes, my family came to Florida right woman being infected with the Zika ical research, for expanding lab facili- after Florida was acquired as a terri- virus and the probability that she will ties, and for investing in developing a tory from Spain. deliver a child who is deformed. vaccine to protect Americans, if not Mr. REID. Is it true that during your Mr. REID. Is the Senator aware that this year, next year. lifetime, you have served in various what we passed out of here by 89 votes Mr. NELSON. It is true, and not only elected offices in the State of Florida. was $1.1 billion in emergency funding is it true that the President requested You were, as I recall, the State treas- for the State of Florida and the rest of it, but immediately, a whole bunch of urer, which included insurance com- our States and, of course, the citizens us out here filed a bill and brought it missioner, and you represented the of Puerto Rico? to the attention of the Senate, and it is State of Florida in the House of Rep- Mr. NELSON. Not only that, but with now 5 months later. resentatives; is that true? bipartisan support early on in this Mr. DURBIN. I ask the Senator Mr. NELSON. Mr. President, that is whole dialogue. And now we are seeing through the Chair, in dealing with a true. the resistance of the majority leader to public health emergency, a public Mr. REID. And you have been in this take up the very bill that passed with health crisis, the potential of an epi- body since 2000; is that true? those overwhelming numbers of bipar- demic that we now think could infect Mr. NELSON. For 151⁄2 years, that is tisan support. 25 percent of the population of Puerto true. Mr. REID. And the Senator is aware Rico, is a timely response an important Mr. REID. Is it also true that during that what we got back from the House part of the congressional response? your tenure as a Floridian, you had the of Representatives and what this Re- Mr. NELSON. Amen to that, and here good fortune to be an American astro- publican Senate signed on to is a bill we are dithering with these political naut? that is an abomination. Is the Senator games. We wonder why the American Mr. NELSON. Not only the good for- aware that what it does, among other public is so turned off when they see tune but the great privilege, and now I things, is it allows the flying of Confed- what is going on up here, and here is have the opportunity to work on the erate flags at cemeteries; it takes $543 one of the very best examples of an policy for the Nation’s space program. million from ObamaCare; it takes emergency. Mr. DURBIN. I ask the Senator—and Mr. REID. The point I am trying to money from emergencies we have I see my colleague, Senator MURRAY of outline here for the Senator from Flor- today with Ebola? Is the Senator aware Washington, on the floor, who is in a ida, I think, without any stretch of the that they are taking a whack at the very important position, and she is imagination, that you know the State Clean Water Act with our inability to going to address this issue in a few mo- of Florida pretty well, don’t you? spray? Is the Senator aware that there ments. But is it not true that we Mr. NELSON. The good Lord willing, are so many women who go to Planned worked out a bipartisan compromise in I know it pretty much like the back of Parenthood to handle the problems the Senate—not to give $1.9 billion, my hand. that women have, including wanting which, on the Democratic side, is our Mr. REID. And you understand as help to not get pregnant? Are you aspiration, but at least to agree with much, if not more, than anyone else aware that the legislation they sent the Republicans in the Senate to $1.1 the dangers of these mosquitoes that back to us prevents Planned Parent- billion to respond to the President’s re- are ravaging your State and other hood from being involved in this? quest for an emergency response; and States and, of course, the American Mr. NELSON. It is a political mes- that we passed the bill in the Senate citizens of Puerto Rico; is that true? sage that is so reviled by the people of with 89 votes—an overwhelming bipar- Mr. NELSON. Yes, sir. And I know America. They want us to get down to tisan vote—with an agreement and a that mosquitoes are all over Florida, the business. compromise in May, and this was sent but now this one strain of mosquito, If Senator MCCONNELL had a flood or over to the House of Representatives in the aegypti, for dinner feeds not on one an earthquake in Kentucky, we would May of this year? human but on four. If the mosquito has all support him with emergency fund- Mr. NELSON. Not only is it true, but the Zika virus, each of those four ing to meet that emergency. We have with 100 Senators, when something would then be infected with the virus an emergency now. Why are they add- passes with 89 votes, that is a pretty after the mosquito has had its dinner. ing all of these poison pills, such as strong consensus. Mr. REID. And you understand, I ask those the Democratic leader has just Mr. DURBIN. I would ask the Sen- the Senator from Florida, that for gen- enumerated, in this bill? ator through the Chair—so we have the erations of time, mosquitoes have Mr. President, I think the Senator President identifying a public health caused all kinds of medical problems from Nevada has with his cross-exam- emergency and the President telling for people who are infected from dif- ination exposed exactly what the prob- us—and the CDC as well—that delaying ferent bites from mosquitoes; is that lem is, and it is too bad. The clock con- this makes a possibility or probability right? tinues to tick. At the end of this week, of an epidemic even worse. We have a Mr. NELSON. If you think of the we will go out. We won’t come back response by the Senate, on a bipartisan building of the Panama Canal, mosqui- until the day after Labor Day, which is basis with 89 votes, to provide over $1 toes transmitted malaria. So mosqui- in the first week of September. And all billion for the President to get to work toes are a vector which transmits a lot along, the Government of the United to protect America and to develop a of diseases. This strain of mosquito can States is going to have to figure out vaccine. And is it not true that the lay its larvae in stagnant water con- how it will get the money to the local House was given this measure with 89 tained in something as small as a bot- mosquito control districts and how it votes and failed to send it back to us tle cap. will get the money to the drug compa- on a timely basis? Mr. REID. It is true, is it not, that in nies to continue the R&D to find and Mr. NELSON. Not only is that true, generations past, mosquitoes have produce a vaccine and all the other those four things, but then the House caused death and illness that we have health-related expenses. of Representatives put it on a very tried to handle for the last 100 years? Mr. DURBIN. Will the Senator yield good bill, the MILCON appropriations, Mr. NELSON. That is correct, and we through the Chair for a question? and they sent it down here thinking usually meet those emergencies with Mr. NELSON. I certainly will yield to that we were going to have to take it emergency funding. the Senator from Illinois. at the eleventh hour with all of those Mr. REID. Isn’t it true that this Mr. DURBIN. Through the Chair, I poison pills, which include the Confed- strain of mosquito is now causing, for would ask the Senator from Florida erate flag.

VerDate Sep 11 2014 23:44 Jul 12, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.010 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4960 CONGRESSIONAL RECORD — SENATE July 12, 2016 Mr. DURBIN. I ask the Senator from Mr. NELSON. Not only is that true, I say: We have to get something done. Florida, through the Chair, is it also say to the Senator, but there is the Let’s do something in a bipartisan way. true that the bill sent to us by the fact that this is an emergency, which I yield the floor. House, after we passed a bipartisan bill has always been dealt with in the his- The PRESIDING OFFICER. The Sen- with 89 votes, had no Democratic sig- tory of this Senate as a bipartisan ator from Washington. natories—no House Members of the thing to meet the situation of the Mrs. MURRAY. Mr. President, I too Democratic Party signing onto this emergency, and now this has been want to thank the Senator from Flor- conference report that was sent over to used—because it is so urgent to get the ida for his strong effort to get this us—so it was a totally Republican con- appropriations—as a political message done. I thank my colleagues who are ference report? and ideological, partisan-driven bill. here speaking as well. There are just a Mr. NELSON. Not only is that true, Mr. DURBIN. I thank the Senator few days left in this legislative session. but it is also indicative of how ideo- Mr. NELSON. Mr. President, I yield I am so frustrated that instead of fi- logically driven and how partisan driv- the floor. nally coming out of their partisan cor- en so much of the activity here in this The PRESIDING OFFICER. The Sen- ner and getting to work to fight the Capitol building is, which is what is ator from New York. Zika virus, Republican leaders, as we very distasteful to the American peo- Mr. SCHUMER. Mr. President, I want just saw, have doubled down on their ple. to thank my colleague from Florida for politics-first approach. Mr. DURBIN. I ask the Senator from his leadership on this issue and the It has been more than 5 months since Florida, through the Chair, is it also Senators from Nevada and Illinois for President Obama first put forward a not true, based on the statements made their great questions illuminating us. strong emergency funding proposal to by the Republican majority leader, I am just going to sum up here in a respond to Zika. Rather than giving that proposal a serious consideration, Senator MCCONNELL of Kentucky, that minute. If the Republican leader wants he is going to give us one last chance to get something done, instead of put- Republicans simply refused to even in the next 48 hours to either take this ting this bill on the floor again, he consider it. Instead, they found excuse partisan version of the bill, addressing would go over to the House and tell after excuse, delay after delay, and re- this public health crisis, or do nothing them to vote for the bipartisan bill fused to listen to public health experts and women and families who made it for the next 7 weeks? that he voted for and we all voted for Mr. NELSON. That, of course, I say of $1.1 billion. I say something else to clear that Congress needed to act. They tried to jam a partisan, polit- to the Senator from Illinois, is such a my friend from Kentucky. When he was ical bill through Congress on the way poor, poor choice. in the minority, he kept saying to us: out of town on the Fourth of July. Mr. DURBIN. I would ask the Sen- Leadership means working together. ator from Florida my last question. I Well, he is in charge now. We have a Now, look, as we just heard, it was a know my other colleagues are waiting crisis. Instead of working together, he bill that included harmful, political provisions on everything from women’s to ask questions. Your State, the State is putting a bill on the floor that had health to the Confederate flag to the of Florida, appears to be vulnerable— no input from our side and that doesn’t environment. more vulnerable than most States—be- do the job and is loaded with poison Now, as this Republican-controlled cause of your proximity to Puerto Rico pills. Is that leadership? Does that Congress is headed out of town again, and other places and the number of show that the Senate is working again? Republicans are somehow trying to travelers coming into the State of He is back to the old ways when we claim that they have done everything Florida from areas where we know for have a crisis. Again, if the majority they need to do when it comes to Zika. certain that the Zika virus is starting leader of this body wanted to get some- They are saying that by putting for- to be manifest. I ask the Senator from thing done about Zika, he would ask ward now a partisan bill full of harmful Florida: What are you hearing back in the House to pass our bipartisan bill. and unnecessary policy riders, they can your State about the need for a timely, Instead, he puts the same political throw up their hands and go home. bipartisan effort in Congress to deal document on the floor that shows no Well, that might be how Republicans with the public health crisis of the leadership, that shows no bipartisan- in Congress want it to work, but the Zika virus? ship, and that will not pass. So there is women and families I talk to could not Mr. NELSON. I say to the Senator no drama. There is no suspense. I don’t disagree more. They are worried about from Illinois, with 276 cases of infec- even know why he is doing it again, what this virus could mean to their tion, with 43 pregnant women that we but probably because he knows there is families. They want Congress to take know of just in the State of Florida, is a crisis and he is unwilling, reluctant, action. Republicans should know that it any wonder that 5 months ago, when afraid, to confront the House with Democrats are going to keep pushing we filed the $1.9 billion request of the their gamesmanship that was driven by until that happens. It is especially administration, my colleague from 40 Freedom Caucus members who don’t frustrating that, despite all of the par- Florida, my friend who I get along believe the government should spend tisanship and tea party pandering we with, the junior Senator, Mr. RUBIO, money on anything. have seen from the other side of the cosponsored the bill with me. The only way he could get the votes aisle, Republicans and Democrats in Mr. DURBIN. Well, I said it was the was to put in all these poison pills this Senate did reach an agreement on last question. I will ask one more, if I which he knew would kill the bill to Zika 2 months ago that got the support may, through the Chair. I would ask begin with. So the bottom line is very of every Democrat and nearly half of the Senator from Florida this: So you simple. If the House would put our bi- the Republicans—89 votes. have Senator RUBIO, a well-known Re- partisan bill on the floor of the House It did not provide the full amount publican from Florida, and Senator it would pass right now. We would get President Obama requested, but it BILL NELSON, maybe the best known something done. Instead, the very bi- would have been a strong down pay- Democrat from Florida, agreeing that partisanship that the majority leader ment. It would have helped to accel- this is an emergency that needs to be is trying to make as a hallmark of his erate the development of a vaccine. It dealt with on a timely basis, that the leadership is being made a joke of by would strengthen vector control in President’s request for $1.9 billion is a his putting a partisan bill that has communities across the United States reasonable request, that we pass a bi- failed once on the floor once again in and the territories and critically ex- partisan measure—Senate Democrats the closing days of this session. pand access to desperately needed fam- and Senate Republicans—and that we I would urge the majority leader—it ily planning and other health care are moving toward solving this prob- is really on his shoulders—to recon- services. lem and responding to it. Is it not true sider. I would urge him to make a good Had Republicans been willing to stay that this measure fell apart or broke faith effort to get something done. I the bipartisan course that we set and down when it ended up in the Repub- would urge him not to play the game of push aside the extreme members who lican-controlled House of Representa- putting this bill, laden with poison insist on using women’s health every tives, where they did not take a bipar- pills, not doing the job, on the floor, time as a political football, that agree- tisan approach to the issue? and, instead, go call Speaker RYAN and ment would now have been signed into

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In fact, just last When we are home late at night, the most and why we need to act on week, the Puerto Rico Department of when we are sleeping, they are out in this legislation—numbers like 129, the Health noted a 40-percent increase in the streets patrolling, keeping us safe, number of people who die each day in the number of pregnant women with the ‘‘Thin Blue Line’’ between us and our country from a drug overdose; or Zika on the island. So, frankly, it is those who want to do us harm. 248, the number of stakeholder groups appalling that given what we know So, as we look at what is happening who have endorsed the final version of about the impacts of this virus, Repub- around our Nation, law enforcement is CARA because they know it takes the licans would put an ideological, par- the solution to bringing us together. right legislative approach to fighting tisan bill in front of us and say: My They work in our communities every back against this public health crisis. way or the highway. That is why today single day. I have seen the phenomenal That number includes some groups Democrats are here giving Republicans work that our law enforcement com- from my home State of New Hampshire another chance to do the right thing. munity does in New Hampshire. I have whom I have had the honor of working We are urging them to support women been to the Police Athletic League and with. I appreciate so much their phe- and families instead of the tea party seen what they are doing with the nomenal work on the frontlines in and Heritage Action and join us to get youth in our community. I have seen helping those struggling with addic- a strong bipartisan emergency funding the outreach they do every day on this tion, including HOPE for New Hamp- package to communities at risk be- horrible drug epidemic that we are fac- shire Recovery; Hope on Haven Hill; cause of the Zika virus. ing in the State of New Hampshire. I the Kingston Lions Club in Kingston, This bill has already passed the Sen- have seen the difficult situations they NH; and Project Recovery in Newton, ate, as we know, with 89 votes. Demo- face with those struggling with mental NH. And I know there are many other crats supported it. Most Republicans illness—every single challenge they are individuals and groups on the supported it. So we are here to urge taking on in our communities. frontlines in New Hampshire who are Republican leaders: Don’t waste an- So, today, let’s remember those five making a difference. other minute. Join us in moving a bi- brave officers who gave their lives in CARA is also supported by nearly 40 partisan bill forward. Women and fami- the line of duty, and let’s remember all chiefs of police from across our State, lies across the country have waited those who have given their lives in the the New Hampshire Association of long enough for action on Zika. Let’s line of duty to keep us safe every single Chiefs of Police, and the National Fra- not make them wait any longer. day. Without our brave law enforce- ternal Order of Police because our law I yield the floor. ment officers, we would not be able to enforcement knows we need a com- The PRESIDING OFFICER. The Sen- enjoy the freedoms we have and not be prehensive response. I have heard so ator from New Hampshire. able to enjoy our own families and our many times from our police officers TRAGEDY IN DALLAS way of life. So we are grateful to all of that we cannot arrest our way out of Ms. AYOTTE. Mr. President, I rise those who serve. We stand with you. this public health crisis. today to offer my thoughts and prayers We thank you for what you do every Another number never far from my to the five Dallas police officers and single day on our behalf. mind is 439—the number of individuals their families who were killed in the To your family members, we say to in my home State of New Hampshire line of duty on July 7, 2016. I want to you as well, thank you, because fami- who died from a drug overdose last recognize them on the Senate floor for lies do serve as well. And when your year. And just this year alone, 2016, 161 the sacrifices they have made, for their loved ones go out on our streets to have died. So unfortunately we are heroic service to protect the people of keep us safe, we know you worry about looking at even greater numbers with Dallas, and also to recognize our law their safe return. So we stand with you what we see happening on the streets enforcement officers for what they do as well, and we say thank you for your of New Hampshire. every single day on our behalf. service and sacrifice to keep the rest of I will never forget those numbers be- On July 7, 2016, unfortunately, killed us safe. cause they are so much more than in the line of duty—adding to the roll- Mr. President, I would also like to numbers; they are the lives of loved call, and whose names will be added to speak today about a very important ones we have lost, and they represent the Law Enforcement Memorial in piece of legislation that I hope we will the overwhelming heartbreak felt by Washington—are Sergeant Michael be considering on the Senate floor this too many families. Smith, a former Army Ranger who also week. I rise in support of the con- Every time I am out in New Hamp- served our Nation and who had been ference report for a critical piece of shire, I have another family, unfortu- with the department since 1989; Senior legislation called the Comprehensive nately, whom I meet and who tells me Corporal Lorne Ahrens, 48, who had Addiction and Recovery Act, otherwise about their story of losing someone been with the department since 2002; known as CARA. I have now been work- they loved or a loved one they are try- Officer Michael Krol, 40, who had been ing on this piece of legislation with ing to get help for who is struggling with the department since 2007; Officer Senators PORTMAN, WHITEHOUSE, and with addiction. That is why in this de- Patrick Zamarripa, 32, a former Navy KLOBUCHAR for about 2 years, and I bate we must give a voice to those who Seal and Iraq war veteran, who had thank them for their leadership on this no longer have a voice of their own. We been with the department since 2011; legislation and their partnership in the must put faces, names, and stories to DART Officer Bart Thompson, 43, a work we have done, along with hun- this epidemic because it is affecting former marine who had been with the dreds of coalition groups that have families and communities all across department since 2009. Thompson was helped us put this legislation together. our country. the first DART officer who was killed CARA passed this body in March by a I want to share some stories from in the line of duty since the depart- vote of 94 to 1. Not much passes the those in New Hampshire who are driv- ment’s inception in 1989. Senate with a vote of 94 to 1. Numbers ing us to take action. In passing CARA, Having served as attorney general for like that speak volumes to the fact we are remembering them, and we are the State of New Hampshire, we have, that every community is facing a her- honoring them and making a change unfortunately, been through this with oin and opioid epidemic right now, and that can help save lives. We are mak- our law enforcement officers in New we need to take national action. And ing sure we have the right legislative Hampshire when we lose an officer in after conferencing the Senate version framework in place as we push for the line of duty. This is such a tragedy with a package of House bills related to more funding to get to the States to for the Dallas community, but it is a opioid abuse, just this past Friday the address this epidemic. I am spurred to tragedy for our country. So, today, we House of Representatives passed the action by these stories, and it is my stand with those mourning in Dallas. conference report by an overwhelming hope that by sharing this here today, We stand with the law enforcement vote of 407 to 5—407 to 5 in the House of my colleagues will join me in passing community. We stand with all of those Representatives. this legislation.

VerDate Sep 11 2014 01:32 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.013 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4962 CONGRESSIONAL RECORD — SENATE July 12, 2016 I just spoke to a woman yesterday In Laconia, a man helps those strug- doesn’t matter what your political from Plaistow, NH—Kathy. Kathy’s son gling to get treatment, but he feels background is—we have so many fami- Thomas was a hero in his local commu- helpless when he is faced with a 5- lies in New Hampshire and across this nity. He was compassionate and caring month waiting period to get into a fa- country who are struggling with addic- to his peers and even helped a fellow cility. He wrote: tion, and it is time for us to rise above student who was living alone in the In 5 months, these individuals will be dead. the politics and pass this important woods rededicate himself to studying A parent from Salem contacted me legislation. and eventually graduate. He literally and told me her son is struggling with I again thank Senator PORTMAN. I went out in the woods to find a home- heroin addiction, and she needed help thank Senator KLOBUCHAR and Senator less student and brought him into his finding a treatment program for him WHITEHOUSE for the passion and leader- home. since she couldn’t afford to pay for ship they have shown on this legisla- Around 7 years ago, this bright young treatment herself, like the mother of tion. man became addicted to painkillers. these three children who had to revive There is an urgent and pressing need This is a story we hear all too often. He her son from an overdose before the for this legislation, and I call on my had an injury, he became addicted to paramedics could arrive, or like the colleagues to come together and make painkillers, and his family was shocked Griffin family, Pam and Doug and sure we duplicate what happened in the at how many pills he was legally pre- Shannon Griffin from Newton, NH, House of Representatives, where there scribed for his back pain. It wasn’t long whom I have gotten to know well. The was an overwhelming vote to pass this before he turned to something else— Griffin family lost their beautiful 20- legislation, so we can get it to the heroin. year-old daughter Courtney to a President’s desk and make sure this In fact, the national data shows that fentanyl and heroin overdose. legislation is funded. four out of five people who turn to her- oin actually started with misusing or Courtney’s father, Doug Griffin, and Mr. President, I yield the floor. overusing prescription drugs. his wife, Pam, have made it their life’s The PRESIDING OFFICER. The Re- Thomas’s life, unfortunately, took a mission to raise awareness about this publican leader. turn for the worse, and he spent time terrible epidemic to help save lives and Mr. MCCONNELL. Mr. President, be- in jail before eventually passing away help others going through the same dif- fore the Senator from New Hampshire from an overdose. ficulty and tragedy. leaves the floor, I just want to say When I spoke with Kathy, she told Doug and so many other dedicated again what I said previously. We me that more needs to be done to help people in New Hampshire are working wouldn’t be where we are today on the others struggling with a substance use tirelessly to turn the tide against this Comprehensive Addiction and Recov- disorder. She wants to see more re- epidemic. Earlier this year, I met with ery Act without the Senator from New sources for early education. She wants families from New Hampshire who ac- Hampshire, who made an extraordinary to fight back against the stigma asso- tually traveled to Washington to urge contribution to this early on and ciated with addiction. Congress to take up and pass CARA. If played an important leadership role. So In having this debate on the Senate we don’t act, what kind of message are on behalf of all Members of the Senate, floor, that is something we need to we sending to these families who need Republicans and Democrats, I want to turn around—the stigma. This is a pub- our help and need us to act? That is thank the Senator from New Hamp- lic health crisis. This is a disease, and why we need CARA and we need to en- shire for all she did to bring this for- we need to get help for those struggling sure this framework is passed. ward. with addiction. CARA authorizes resources for treat- f But Kathy is not alone. A woman in ment, prevention, recovery, and first Goffstown wrote to me after losing her responders—critical facets of a com- ENERGY POLICY MODERNIZATION brother to a heroin overdose: prehensive approach. And CARA is an ACT OF 2015 From here forward, we will never have an- authorizing vehicle. Some have made Mr. MCCONNELL. Mr. President, I other holiday where our family is complete. this argument around here: Why should ask the Chair to lay before the Senate At Thanksgiving, when our close, loving we pass an authorization vehicle if the the House message accompanying S. family gathers, there will be an empty seat where he once sat. An unfilled stocking at funding is not attached? Under that 2012. Christmas will remind us of the void we feel reasoning, we wouldn’t have passed the The Presiding Officer laid before the each day. Come his 25th birthday this year, Violence Against Women Act, we Senate the following message from the we will visit his grave site where he is buried wouldn’t have passed the Head Start House of Representatives: instead of hugging him in our arms and wish- Program, we wouldn’t have passed a Resolved, That the House insist upon its ing him another wonderful year. program for vaccines for children, we amendment to the bill (S. 2012) entitled ‘‘An A father in Brentwood, NH, lost his wouldn’t have passed the Second Act to provide for the modernization of the son to an overdose and told me: Chance Act, and there are so many energy policy of the United States, and for I cannot describe the pain, feeling of help- more. The reality is that in the appro- other purposes,’’ and ask a conference with lessness and grave despair [my wife] and I priations bill there have been increases the Senate on the disagreeing votes of the two Houses thereon. went through upon finding our son dead. in funding for CARA, and we are going This has been a tragedy we in the end were COMPOUND MOTION not able to fix, and a war we were not able to fight for even more increases in funding. In fact, at the end of the day, Mr. MCCONNELL. I move that the to win. Our son is now part of the statistics. Senate disagree to the amendment of A woman in Wakefield wrote that her the Senate appropriations bills include a 46-percent increase in spending on the House, agree to the request by the niece’s dreams were crushed when she House for a conference, and the Pre- became addicted to heroin. She wrote: opioid addiction programs since last year. So we can do more, but if we siding Officer appoint the following Her death has left the family heartbroken, conferees: Senators MURKOWSKI, BAR- and we have chosen to tell everyone the don’t pass CARA, then we will do a RASSO, RISCH, CORNYN, CANTWELL, truth in hopes that her death will not have great disservice to the American peo- been in vain. ple. WYDEN, and SANDERS. A mother in Manchester said: President Obama’s Director of the Of- CLOTURE MOTION I wake up every morning with the fear of fice of National Drug Policy, Michael I send a cloture motion to the desk. finding my son dead. I am crying out for Botticelli, told me at a hearing in New The PRESIDING OFFICER. The clo- help. Hampshire last year: ‘‘Certainly the ture motion having been presented A mother from Greenville, NH, who CARA Act, I think, highlights many of under rule XXII, the Chair directs the spends her days helping people living the issues and fills really critical gaps clerk to read the motion. with substance abuse disorders only to not only in terms of funding but in The senior assistant legislative clerk come home and see her own son strug- terms of policy around this issue.’’ read as follows: gling with using heroin, told me: Mr. President, I hope this is not a CLOTURE MOTION As I tried to comfort those who have been partisan issue. Unfortunately, we We, the undersigned Senators, in accord- affected by this tragedy, I think that my son know, whether you are a Republican, a ance with the provisions of rule XXII of the will be next. Democrat, or an Independent—it Standing Rules of the Senate, do hereby

VerDate Sep 11 2014 01:32 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.014 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4963 move to bring to a close debate on the mo- What can you say to comfort elemen- Second, we must fight for a criminal tion to disagree to the House amendment, tary school children who have suddenly justice system that works for every- agree to the request from the House for a lost that friendly face in the lunch- one. We all know people who have been conference, and the Presiding Officer appoint room who always gave them a smile, a the following conferees: Senators Mur- caught up in a criminal justice system kowski, Barrasso, Risch, Cornyn, Cantwell, kind word, a healthy snack? There are that can be harsh and unfair. It can do Wyden, and Sanders with respect to S. 2012, no words that can take away the pain the right thing and it can protect vic- an original bill to provide for the moderniza- of losing a beloved son, partner, and tims, but it can also destroy individual tion of the energy policy of the United friend. Philando Castile was beloved—a people and it can pull families apart. States, and for other purposes. ‘‘gentle soul,’’ in his mother’s words. That is why we must pass criminal jus- John McCain, John Cornyn, Marco He loved the kids at his school, and tice reform. I have long supported im- Rubio, Deb Fischer, Rob Portman, they loved ‘‘Mr. Phil’’ right back. He portant policy changes. My State was Roger F. Wicker, Richard Burr, Joni knew all the kids’ names. There were Ernst, David Vitter, James M. Inhofe, one of the first that videotaped interro- Dean Heller, Pat Roberts, Lamar Alex- more than 500 of them. He learned who gations, and that ended up being a good ander, Ron Johnson, Tom Cotton, had allergies and who might need a lit- thing, not only for the defendants but Thom Tillis, Mitch McConnell. tle extra help. And, yes, with a little actually for our police officers and playful nagging, he got them to eat Mr. MCCONNELL. I ask unanimous those seeking convictions. I have sup- consent that the mandatory quorum their vegetables. In short, he cared ported reforms to the eyewitness proc- call be waived. about them, and he let them know it. ess. I have supported body cameras, di- The PRESIDING OFFICER. Without Everyone knew it. My State’s out- versity in hiring, law enforcement re- objection, it is so ordered. pouring of grief, especially from his sources and training—very important Mr. MCCONNELL. I ask unanimous school, and the love and support in the as we go ahead and look at what we consent that this cloture vote occur at wake of his loss means something. should be focused on in the next year— The loss of that little 2-year-old is 3:30 p.m. today, with the time from 2:15 and meaningful, meaningful work be- also a powerful reminder that being a p.m. until 2:30 p.m. controlled by Sen- tween law enforcement and our citi- friend is never a wasted effort—that ator BOXER or her designee; further, zens. even the smallest kindness shown to that the time from 2:30 p.m. until 3 What else do we need? In my mind, the smallest person makes this world p.m. be controlled by the majority, and we need commonsense gun reform. I better. the time from 3 p.m. until 3:30 p.m. be was proud to join my colleagues on the equally divided between the two man- Then there were the five officers lost in Dallas. Officer Brent Thompson had Senate floor demanding changes to agers. make our communities safer. One of The PRESIDING OFFICER. Without just gotten married a few weeks ago. His bride was a fellow transit officer. those changes, in addition to the terror objection, it is so ordered. watch list bill, was to make sure we The PRESIDING OFFICER. The Sen- Officer Michael Smith served in the find some kind of consensus on improv- ator from Minnesota. Dallas Police Department for 26 years ing background checks. The Senate’s RECENT TRAGEDIES IN MINNESOTA AND THE and volunteered as a mentor to at-risk failure to pass bipartisan background COUNTRY kids. Officer Patrick Zamarripa served Ms. KLOBUCHAR. Mr. President, I three tours of duty in Iraq in the U.S. check legislation has been a big dis- come to the Senate floor today to re- Navy. The only thing he loved more appointment. Here we had two A-rated member those who have been affected than the Texas Rangers and the Dallas NRA Senators that came together. by the tragic events in my State and Cowboys was his 2-year-old daughter, Senator TOOMEY as well as Senator across the country over the last week. Lincoln. MANCHIN came up with a bill that I am here today to remember the loss, How about the 21 police officers in would have closed some loopholes that to share in the grief, and to stand with St. Paul who were injured Saturday would have made it safer. We know our community as we seek justice and night? There were so many peaceful that States that have those back- healing and solutions together. protests—and there continue to be ground checks in place have reduced Last week was a tough week in Min- peaceful protests—involving Black rates of suicides by guns, and they also nesota. There have been and there will Lives Matter and other groups in our have reduced rates of domestic homi- be a lot of bleak moments, when all State over Philando Castile’s death. cides. I still remember those Sandy anyone can do is to hug their family That is part of our democracy. That is Hook parents in my office advocating and their friends and ask why. How can how we make change. But what hap- for that change in the bill. They knew this happen? How can we make sense of pened on Saturday night on Highway 94 that wouldn’t have saved their babies, the senseless? How can we go on as peo- was far from a peaceful process. We but they also knew it was one of the ple and as a community that is hurting cannot achieve justice through injus- things that could best save lives going so badly? tice. forward and could best bring consensus But amidst all the horror, I also saw So where do we go from here? We in this Chamber. hope this weekend. Sunday, I spoke at know that nothing we can say will From my time as county attorney, I Pilgrim Baptist Church in St. Paul, as take away the hurt, but here is what remember those little children lost to well as Greater Friendship Missionary we can do to narrow the gap between violence: Baptist Church in Minneapolis. When I us: Byron Phillips was a little boy killed looked around that room, I saw the First, we must pursue justice. When I on his north Minneapolis front porch. horror, the frustration, the anger, but I served for 8 years as Hennepin County We had to put up billboards in the com- also saw the hope. Being there with the attorney, which is the chief prosecutor munity saying: If you know who killed grieving members of our community of our county, the largest county in me, come forward. Eventually, it gave me that hope because I knew that our State, I always believed that my worked, and we put the guy in jail. they supported one another, that their job—and the principle we would use Tyesha Edwards was killed by a bul- hearts must mend, that the neighbor- when we looked at a case—was to con- let while doing her homework at her hoods must heal. I literally heard them vict the guilty and protect the inno- kitchen table. Her mom said: Get your talk about how the love they had with- cent. That is what justice calls us to homework done, and you can go out in the walls of that church must go be- do. That is why I have joined with with us to the mall. That is how she yond to the greater community. other members of the Federal delega- died. Again, we put the guys that did it We have lost so many this week. tion—Senator FRANKEN, Congress- in jail, but that is not compensation What can you say to a mother whose woman MCCOLLUM, and Congressman for what happened to that family. precious baby boy—a 2-year-old—is ELLISON—in calling for a Federal inves- Americans from across the Nation killed in a drive-by shooting while sit- tigation into Philando Castile’s death. and across the political spectrum sup- ting in his father’s car in north Min- We need to understand what happened port commonsense proposals. They sup- neapolis? And what do you say to that and how we can prevent this from hap- port commonsense background checks same mother whose precious other pening again. Philando, his family, and closing the loophole at gun shows by child—the little boy’s baby sister—was all those children who loved him de- wide margins. In honor of those we also injured by that gunfire? serve nothing less. have lost in Charleston and Orlando,

VerDate Sep 11 2014 01:32 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.017 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4964 CONGRESSIONAL RECORD — SENATE July 12, 2016 San Bernardino, Newtown, Aurora, Finally, we must all work to protect The staggering statistics surrounding north Minneapolis, and cities across the innocents among us. That is what I this issue are well known and are the Nation, I will continue to stand started talking about—how we must worth repeating. Every day, approxi- with my colleagues until we take ac- convict the guilty and protect the in- mately 7,000 people show up in an tion on these commonsense measures. nocent, especially our children. Two- emergency room for problems associ- I am reminded of President Obama’s year-olds should not be shot and killed ated with opioid abuse. Every 30 min- beautiful words at a service remem- on the streets of north Minneapolis. utes, on average, someone in our coun- bering more Americans lost to gun vio- Four-year-olds should not watch a man try dies from conditions that are opioid lence—this time in Charleston, SC. He die in the car seat right in front of related. said this: them. Nobody should have to explain My home State of Utah has been par- For too long, we’ve been blind to the to a classroom of children why their ticularly hard hit. In 2014, 289 Utahans unique mayhem that gun violence inflicts beloved friend ‘‘Mr. Phil’’ doesn’t feed died due to opioid abuse. That is more upon this nation. Sporadically, our eyes are them lunch anymore. We are better than half of all drug overdose related open: When eight of our brothers and sisters deaths in the State. The CARA con- are cut down in a church basement, 12 in a than this. movie theater, 26 in an elementary school. I recently visited a mosque in Min- ference report represents a thoughtful But I hope we also see the 30 precious lives neapolis and heard the story of a Mus- set of policies that tackle the problems cut short by gun violence in this country lim family who had gone out to eat at experienced by the real people—with every single day; the countless more whose a restaurant—two parents, two kids. families, children, and friends—who are lives are forever changed—the survivors crip- The parents, by the way, had been represented by these statistics. pled, the children traumatized and fearful through 9/11 and understood what had A letter signed by over 200 advocacy every day as they walk to school, the hus- happened then but have been able to organizations supporting the con- band who will never feel his wife’s warm touch, the entire communities whose grief live in our community, where we have ference report states that the report overflows every time they have to watch the largest Somali population in our addresses the ‘‘six pillars’’ of a com- what happened to them happen to some country, without a lot of discrimina- prehensive response to drug addiction other place. tion, without a lot of hateful words crises. These pillars are prevention, My friends, we must stem the tide. even after 9/11. But not this time. They treatment, recovery support, criminal But we also know that justice in our were in the restaurant with their little justice reform, overdose reversal, and laws—which means the criminal justice kids, and a guy walked by and said: law enforcement. reform that I noted earlier, which You four go home. You go home to I am proud of the role I played in not means commonsense gun reforms, where you came from. only supporting the CARA effort but in which means making sure that these The little girl looked up at her mom helping to shape the conference report. cases are investigated and the law is and said: Mom, I don’t want to go As the chairman of the Finance Com- followed no matter what the victims’ home. You said we could eat dinner out mittee, it was important to me that race or ethnic background or how tonight. I don’t want to go home and the report include key improvements much money they have—must happen eat dinner. for Medicare in the fight against opioid to bring justice to these families. But Those are the innocent words of a abuse. I am glad to say we were suc- the other part of this, as I look at our child. As sweet and funny as it is, cessful in that regard. The legislation neighborhoods that are affected by this think about this: She knows no other allows Medicare Part D prescription every single day, is economic justice. home. She didn’t even know what that drug plans to identify only one physi- In the famous words of Dr. Martin Lu- guy was talking about because she cian to prescribe and one pharmacy to ther King: knows no other home, because Min- fill all of an at-risk patient’s opioid We know that it isn’t enough to integrate nesota is her home, because the United prescriptions. lunch counters. What does it profit a man to States of America is her home. Senator TOOMEY, who has worked be able to eat at an integrated lunch counter America is better than angry words closely with Senator BROWN, has been if he doesn’t earn enough money to buy a directed at strangers in a restaurant. an important leader on this policy. hamburger and a cup of coffee? America is better than babies being Both of them have been excellent. He When we see lingering disparities— shot on the street in broad daylight. should be commended for his work and ‘‘lingering’’ is kind of a nerdy word America is better than Philando Cas- that, in the end, will improve patient for what we are talking about here. tile losing his life. And America is bet- care, reduce abuse, and give at-risk When we see these disparities of eco- ter than throwing concrete chunks at beneficiaries more opportunities to get nomics, when we see health disparities, police officers in St. Paul and five Dal- the help they need. when we see far too many families las cops being taken from their beat Additionally, the conference report working so hard but still struggling to forever. contains significant provisions related get ahead, and stubborn achievement So I am here today to stand with the to medication-assisted treatment, or gaps in our schools, we know there is people who are not satisfied with how MAT, which has long been a priority so much more work to do. The solu- things are—the people who are ready to for me. I have a long history of work- tions here are a deep commitment to work to make things better, the people ing to improve access to drugs like an economic future for the people that who are the helpers and the peace- buprenorphine as a prescription treat- live in our cities, to make sure they makers. Together, we can make this ment for opioid-use disorders, includ- have access to the jobs that are start- world a better place, and more just. ing heroin and prescription drug addic- ing to open up all over this country, Mr. President, I yield the floor. tion. that they are trained—that we look at The PRESIDING OFFICER (Mr. I was the author, together with Sen- what is happening in their schools and LANKFORD). The Senator from Utah. ators LEVIN and BIDEN of the DATA make sure that the training they get COMPREHENSIVE ADDICTION AND RECOVERY BILL 2000 law that first made it possible for matches jobs that are open. We have Mr. HATCH. Mr. President, the Sen- patients to be prescribed jobs all over our State now in tech- ate will soon vote on the conference re- buprenorphine. I would also like to nology, in science, in manufacturing port for the Comprehensive Addiction note that colleagues like Senators and welding, and this is giving those and Recovery Act. The importance of MARKEY and PAUL have also been very kids hope—not just in community col- this bill cannot be overstated. People able champions in our recent efforts to leges and regular colleges, not just in are dying, families are suffering, com- expand access to this effective drug high school, but in middle school—that munities are being torn apart. We can treatment, including the introduction they are going to be able to get one of help, but we must do so now. of legislation and our push to get the these jobs. That is economic hope. It is I urge my colleagues to vote in favor administration to use its regulatory about training our kids, keeping them of this legislation, which passed in the authority to address this need. in school, opening the doors of our House last week with only five votes in Our efforts helped to encourage the businesses, big and small, to people of opposition. The bill is intended to ad- drafting of an HHS rule that was final- neighborhoods like the one that I was dress the growing national crisis with ized on July 6, the same day as the in yesterday in St. Paul. regard to opioid abuse and addiction. CARA conference meeting. This rule

VerDate Sep 11 2014 23:44 Jul 12, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.020 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4965 raises an individual doctor’s patient Senate Judiciary Committee. He did a Individuals suffering from these afflic- cap for buprenorphine from 100 patients great job in committee. I was on the tions, as well as their families and to 275 patients. Thanks to these com- committee. The original bill then came friends, are crying out for help. The bined administrative and legislative ef- to the Senate floor, where Senators House of Representatives heeded their forts, patients will have greater access were able to offer amendments. The call. The Senate must do the same. to the medication-assisted treatment Senate passed the amended version by I want to commend the majority they need in their recovery from sub- a vote of 94 to 1. leader for moving swiftly to bring this stance abuse disorders. A similar process played out in the important legislation up for a vote. I I am pleased, as well, to see provi- House, with the House passing its think it is absolutely essential that we sions included in this legislation that opioid package by a vote of 400 to 5. I act before Congress breaks for the re- encourage the National Institutes of was pleased to serve on the conference cess. Health to intensify fundamental, committee that produced what should I urge my colleagues to vote in favor translational, and clinical research on be the final draft of this report legisla- of the CARA conference report. Let’s the understanding of pain. The hope is tion. There were many similarities be- send it to the President’s desk this that this kind of research will lead to tween the House and Senate bills, and week and deliver results for those alternatives to opioids for effective we were able to resolve our few dif- Americans who are depending on us. pain treatment. These few lines within ferences in a way that produced an im- With that, I yield the floor. the legislation will have a significant proved CARA bill. The PRESIDING OFFICER. The Sen- influence on our understanding of how I want to commend Representative ator from Connecticut. opioid abuse and chronic pain impact FRED UPTON, the chairman of the TRAGEDY IN DALLAS AND GUN POLICY our families and communities. House Energy and Commerce Com- Mr. MURPHY. Mr. President, I am Another set of highlights in the con- mittee—he is a great friend of mine— coming to the floor once again to ex- ference report are the provisions de- who was instrumental to the House ef- press my condolences to the families of signed to protect infants born to moth- fort and who also very ably chaired the those who were lost in Dallas—the fam- ers suffering from opioid addiction. conference committee. FRED UPTON is ilies of Brent Thompson, Michael Krol, Reuters reported that, roughly every 19 one of the great people in this body, as Patrick Zamarripa, Lorne Ahrens, and minutes, a child is born with an opioid are the others that I mentioned. Michael Smith. In Connecticut, we dependency in the United States. That As I alluded to earlier, the House know the ripples of loss that really statistic is astounding. passed the conference report this past never end in a community like Dallas My home State is not spared from Friday by a vote of 407 to 5. In other and a community like Orlando. There this heartbreaking problem. A recent words, over the past several months, is going to be a long period of healing. Utah Health Status Update indicated there have been three major votes in Our thoughts and our prayers and any that, between 2009 and 2012, more than the two congressional Chambers, and help we can provide from those of us 100 babies each year tested positive for the support has been overwhelming. who represent Connecticut and Sandy illicit drugs at birth. Once enacted, Counting every vote collectively, the Hook, specifically, extend to those in CARA will strengthen the existing plan bill has received around 900 yea votes Dallas. of safe care for infants born and identi- in Congress and less than a dozen nays. In the wake of another tragedy, I fied as affected by substance abuse or Do you know how many of those votes wanted to come down to the floor for a withdrawal symptoms, as well as fetal in opposition have been cast by a Dem- short period of time—I know my col- alcohol spectrum disorder. Hopefully, ocrat? One. A single House Democrat leagues are waiting to speak—to talk this will be an effective step to address voted against passage of the original about some of the very irresponsible what is a tragic problem for too many House opioid package. Every voting rhetoric that gets tossed around when American children. Democrat in the Senate voted in favor it comes to this debate over the future As you can see, these are issues that of our version of the bill. I commend of gun policy in this country. I want to have been in need of sensible solutions them for that. take 5 or 10 minutes to talk about what for some time. As such, I wish to em- Last week, every House Democrat is the biggest lie used by the gun lobby phasize that the process that has who was present voted in favor of the in this debate, and it is this: The only brought us here to the precipice of conference report. I commend them for thing that stops a bad guy with a gun, passing CARA is nearly as impressive that. I note these facts not to unduly is a good guy with a gun. as the conference report itself. inject partisanship into this discussion This isn’t true. It has never been Senator PORTMAN, from Ohio, long- but because we have heard rumblings true. It will never be true. It is, quite time advocate on these issues, has that a number of Senate Democrats simply, an invention designed by the worked tirelessly alongside Senator may want to hold up the process in gun industry to sell more guns, to con- WHITEHOUSE, from Rhode Island, for order to extract more concessions. vince Americans that laws and rules roughly 3 years to shepherd this effort Some have actually suggested that, de- cannot protect them, and that the only through the Senate. Those two gentle- spite regular order and the overwhelm- thing that can keep them safe from men deserve a lot of credit and support, ingly bipartisan support this legisla- being shot is to buy expensive weapons and I am glad that politics around this tion has enjoyed thus far, Senate pas- and expensive ammunition that pad situation have been reduced so they sage of the CARA conference report is the profits of the big gun companies. can get this bill through. in doubt. I find this hard to believe, It is time we call this lie what it is. Senator AYOTTE, who also deserves a and I hope it is not true. It is a marketing gimmick for gun tremendous amount of support and re- A few weeks ago, the White House companies, plain and simple: The only spect here, has also been a champion urged Democrats in Congress to ‘‘slow- thing that stops a bad guy with a gun, for those afflicted by these problems. down’’ the effort to finalize an opioid is a good guy with a gun. Also, Senator AYOTTE deserves a lot of package. Thankfully, this was met ap- Let me be clear. I don’t quarrel with praise for all of her hard work. She un- propriately with outrage. All of us, Re- anyone who decides to buy a weapon derstands this problem probably more publicans and Democrats, now have a for self-defense. That is your decision. than a lot of others, as her work in law tremendous opportunity to give vital That is your call. Last week I met in enforcement helped her to do so. Sen- assistance to many Americans in need my office with women from Con- ators PORTMAN, WHITEHOUSE, and and to do so with, hopefully, an almost necticut who came to my office to tell AYOTTE heard from the individuals and unanimous voice. These days, we don’t me about their belief that owning a families who are afflicted in dealing often get to do that around here. We weapon is instrumental to their ability with these issues, and they did an out- should not let partisan politics get in to protect themselves. One woman told standing job to craft policies to address the way of this pressing issue. me a story of repelling an attacker these needs. All three of them deserve Like I said, more than 200 advocacy with a gun that was in her purse, and a great deal of respect and support. and stakeholder groups that have been her sincere belief is she would not be Under Chairman GRASSLEY’s leader- involved throughout this process have alive today if it weren’t for the weapon ship, CARA was reported out of the urged passage of this conference report. that was on her person.

VerDate Sep 11 2014 23:44 Jul 12, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.021 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4966 CONGRESSIONAL RECORD — SENATE July 12, 2016 I support the Second Amendment, camouflage, bulletproof vests, and gas This isn’t conjecture. Good laws save and I accept that the Supreme Court masks. There were also dozens and doz- lives. Concentrate on passing laws that has made it clear that this amendment ens of police officers on hand, all of keep dangerous weapons out of the protects the ability of anyone to buy a them expertly trained and heavily hands of criminals and killers, and you weapon for self-defense, subject to cer- armed. Between the 30 heavily armed will save lives. Load up your streets, tain commonsense limitations. But if civilians and dozens of police officers, schools, and shopping malls with weap- you are buying a weapon because you there were more good guys with guns ons and just hope that the good guys think that owning one makes you less in the vicinity of this one very bad guy will eventually outshoot the bad guys, likely to be killed by a gun, then you with a gun than at nearly any other and people will be killed. are wrong. If you are standing in the crime scene in recent memory, and it People across this country have fig- way of policies that crack down on ille- led to chaos. ured it out, and that is why they sup- gal or dangerous weapons on our street Here is what Dallas Police Chief port expanded background checks by because you believe in some kind of Brown said in the wake of the shoot- an astounding ratio of 90 percent to 10 gun control Darwinism—a world in ing: percent. There is no public policy in which the good guys with guns eventu- We’re trying as best we can as a law en- this country that is supported by 90 ally shoot all the bad guys with guns— forcement community to make it work so percent of Americans. They know that then you have it backwards because that citizens can express their Second smart firearms laws save lives, and so Amendment rights, but it’s increasingly that is not how it works. challenging when people have AR–15s slung they support universal background You know how I know this? Because over their shoulder and they’re in a crowd. checks by a ratio of 9 to 1. It is also study after study tells us that owning We don’t know who the good guy is versus why there are fewer and fewer Amer- a gun makes you more likely to be the bad guy when everyone starts shooting. ican families buying guns. It makes killed by that gun than to use it to kill All of those guns in the hands of sense for some people, and I am not de- someone who threatens you. Studies good-hearted civilians and trained po- nying that. A new CBS News poll shows show that in countries and States with lice officers—and what killed the snip- that gun ownership is at a near 40-year more guns, there are generally not less er, Micah Johnson? It wasn’t a gun. It low with only 36 percent of Americans gun deaths but more gun deaths, like was an explosive device attached to the reporting that they own a gun. That is the study in the New England Journal end of a robot on wheels. Eleven brave down 17 points from its highest rate in of Medicine that showed a gun in your police officers fired their weapons at 1994 and down a whopping 10 points house doesn’t make you less likely to Micah Johnson. Dozens of armed civil- from just 4 years ago, but be fore- be killed. It isn’t even risk neutral. ians theoretically had the opportunity warned, this development will simply Having a gun in your home actually in- to defend themselves and their fellow propel the gun lobby to be even bolder creases your chance of getting killed protesters, but one deranged man, in spreading its lies about the effects of by a gun by anywhere from 40 percent armed with an antique rifle and 30- gun ownership. to 170 percent. round magazines strategically posi- Just two weekends ago the head of How about the study in the American tioned above his targets, was unharmed the NRA went on national TV and told Journal of Epidemiology that showed by all of those good guys with guns, Americans that the only way to pro- that people living in a house with a just as Jared Lee Loughner was tect themselves from terrorism is to gun are 90 percent more likely to die unharmed by a civilian with a gun in have a personal defense plan. That from a homicide than a person who the parking lot of the supermarket means, if you didn’t parse his words, to lives in a house without a gun. where he shot Congresswoman Gabby go out and buy a gun from a gun com- What about the study from the Vio- Giffords in the head, and just as the pany and help the industry stem this lence Policy Center that showed that armed security guard in Pulse night- tide of declining gun ownership all in instances of guns being used in self-de- club couldn’t do anything about Omar the name of collective self-defense. fense are so rare that on average there Matteen as he executed 49 young men Well, it is a lie. Good guys with guns are 44 criminal homicides with guns for and women. It is just like what hap- generally don’t stop bad guys with every time a gun is used for protection pened to Nancy Lanza, who thought guns. They didn’t in Dallas. Good laws in a justifiable homicide. the guns in her home would protect her that keep illegal and dangerous weap- How about one more study. The Har- and her son from harm, only for them ons off of our streets, that make sure vard Injury Control Research Center to be used by her son to murder her in that only law-abiding, peaceful citizens study showed that in States and com- her sleep and then massacre 20 first are obtaining weapons—those laws stop munities with greater gun availability, graders and 6 of their educators. bad guys. When you strip away all of gun homicide rates were higher, not If you want to buy a gun for self-de- the rhetoric driven by the gun industry lower, than in communities and States fense, that is your call, but before profit motivations, that is the truth. with lower gun availability. It is your making that purchase, understand that I yield the floor. decision whether or not to buy a gun. the gun lobby is lying to you. If a bad I suggest the absence of a quorum. There are certainly instances where it guy has a gun and wants to kill, there The PRESIDING OFFICER. The may make sense, and I don’t begrudge is very little that can be done to stop clerk will call the roll. the individual who makes that deci- him once the tragedy is in motion. The The senior assistant legislative clerk sion, but the data tells us only one best policy is to stop madmen and kill- proceeded to call the roll. story. The actual real, live experience ers from getting these dangerous weap- Mr. THUNE. Mr. President, I ask of living in a nation awash in guns ons in the first place. unanimous consent that the order for shows that contrary to the gun lobby Dallas Police Chief Brown said to us: the quorum call be rescinded. sloganeering, the opposite of their Do your job. We are doing ours. We’re put- The PRESIDING OFFICER. Without claim is actually true. The more good ting our lives on the line. The other aspects objection, it is so ordered. guys there are who have guns, the more of government need to step up and help us. Mr. THUNE. Mr. President, I ask good guys die from guns. We have no When Connecticut implemented a unanimous consent to complete my re- clear or more horrifying example of law requiring a permit to be issued be- marks. this truth than last weekend in Dallas, fore a gun is issued, gun homicides The PRESIDING OFFICER. Without TX. dropped by 40 percent. In States that objection, it is so ordered. Texas is an open carry State, mean- require background checks for private FAA REAUTHORIZATION BILL ing that anyone who can legally buy a handgun sales—listen to this—48 per- Mr. THUNE. Mr. President, over the semiautomatic weapon can walk cent fewer law enforcement officers are past 4 months, the Islamic State has around the streets of Dallas or any shot to death by handguns, and in carried out two deadly terrorist at- other community with that weapon at- States with universal background tacks at airports. Taken together, tached to them. Reports suggest that checks, women are 46 percent less like- these two attacks—one at Brussels Air- there were perhaps 30 people openly ly to be shot by their intimate partner port and one at Istanbul’s Ataturk Air- carrying AR–15-style weapons at Satur- than in States without universal port—resulted in more than 500 injuries day’s protest. Some were also wearing checks. and more than 70 deaths.

VerDate Sep 11 2014 23:44 Jul 12, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.022 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4967 Since September 11, airport security not only threats facing U.S. airline This is the most comprehensive airport efforts have emphasized securing air- passengers. Americans travel inter- security package in a decade, and it craft against hijackings, but the Brus- nationally on a regular basis, and on will help us make real progress toward sels and Istanbul bombings highlight their return flights they depend on the keeping airline passengers safer, and other airport security vulnerabilities. quality of airport security in other that is not all. As these attacks demonstrate, it is not countries. Part of protecting the trav- In addition to its robust security just planes that are vulnerable. Both eling public is making sure that Ameri- package, this bill puts in place a num- the Brussels and Istanbul attacks cans traveling to other countries are ber of other important measures, sought to exploit the largely unpro- safe when they return to the United among them new consumer protec- tected areas outside the principal secu- States. tions. For example, this legislation rity checkpoints where the attackers To increase security for Americans will require airlines to refund package could detonate bombs outside of traveling abroad, the FAA bill that we fees for lost or unreasonably delayed screening. The large crowds of people will pass this week authorizes the TSA baggage so passengers will not have to who congregate in nonsecured areas of to donate unneeded screening equip- spend a ton of time tracking down a re- an airport—like security checkpoints, ment to foreign airports with direct fund when the airline doesn’t deliver. check-in counters, and baggage claim— flights to the United States. It will It will also make sure airlines have make appealing targets for terrorists strengthen cooperation between U.S. policies that will help families trav- who like nothing better than maximum security officials and security officials eling with children sit together on in other countries and authorize the loss of life with minimum effort. flights. It also takes steps to improve This week, the Senate will take up TSA to support training for foreign air- air travel for individuals with disabil- the Federal Aviation Administration port security personnel. It requires the ities, and it ensures that Americans in reauthorization bill, which will di- TSA to conduct assessments of secu- rural areas will continue to have access rectly address the vulnerabilities ex- rity that have received less attention to reliable air service. posed by these attacks. It will ensure at foreign airports and foreign cargo The bill also takes measures to sup- that attacks like those that happened security programs. port the general aviation community. Another aspect of airport security in Brussels and Istanbul don’t happen It streamlines the requirements for the that has received less attention but is third-class medical certificate for non- at American airports. equally important is the need to make While this bill has gained new ur- commercial pilots so private pilots sure that individuals who work behind gency in the wake of the bombings in don’t face unnecessary bureaucracy the scenes at airports don’t pose a Istanbul and Brussels, the reforms in when obtaining their medical qualifica- threat. In October of 2015, terrorists this bill are not a hasty response to tion, and to reduce the risk of acci- killed 224 people when they brought these attacks. Instead, they are the dents for low-altitude fliers like agri- down Russian Metrojet flight 9268 product of months of Commerce Com- shortly after it departed Sharm el- cultural applications, the bill requires mittee oversight of our Nation’s trans- Sheikh airport in Egypt. Many experts highly visible markings on small tow- portation safety agencies and extensive believe that the terrorists responsible ers that could impose a hazard to pi- Commerce Committee analysis of air- had help from an airport worker. En- lots. On the aviation safety front, this bill port security vulnerabilities. suring that airport workers are trust- I am proud that the bill we are con- updates current law to reflect the rapid worthy is essential to keeping pas- sidering today is the most significant advances in technology we have seen sengers safe. However, at times the se- airport security reform bill that Con- curity badges that permit individuals over the last few years—most notably gress has considered in a decade. As I to work behind the scenes at airports drones. This bill includes provisions to have already mentioned, one problem have been issued to individuals who deploy technology that will work to that the Brussels and Istanbul attacks have no business holding them. Right keep drones out of the path of air- highlighted in great detail is the now in the United States individuals liners, which is particularly important tempting terrorist target offered by with convictions for crimes, including given reports of near-miss collisions by large crowds of people in unsecured embezzlement, sabotage, racketeering, airline pilots. It will also deter drone areas of airports. The FAA bill address- immigration violations, and assault operators from interfering with emer- es that problem in a number of ways. with a deadly weapon can all obtain se- gency response efforts like wildfire For starters, this bill includes provi- curity badges granting them access to suppression, and, in addition to fos- sions to get more Americans enrolled restricted sections of an airport. tering drone safety, this bill authorizes in the TSA’s PreCheck program. Ex- While most criminals are not terror- expanded research opportunities and panding enrollment in PreCheck will ists, there are too many criminals who, operations that will further the inte- reduce wait times at security, which for the right price, would happily ex- gration of drones into our Nation’s air- will help reduce the size of crowds pand their criminal activities even if it space. waiting in unsecured areas. involved assisting terrorists. In fact, in Since we took control of the Senate The bill also directs the TSA to more March of this year, an airline ramp in January of 2015, Republicans have effectively deploy its personnel during agent was arrested in a Florida airport focused on passing legislation to ad- high-volume travel times to speed up with $282,400 in cash that he allegedly dress the challenges facing the Amer- wait time at checkpoints. It also re- intended to hand off to an unknown in- ican people in our country. I am proud quires the TSA to develop and test new dividual. News reports indicated that that with this bill, we have found a security systems that expedite the he was aware the money was connected way to make our increasingly dan- movement of passengers through secu- to illegal activity but knew little else. gerous world a little safer for Ameri- rity. Another important measure we In other words, he could easily have cans. I am grateful to my colleagues can take to prevent attacks like those been transporting money to terrorists who contributed to this bill, particu- in Brussels and Istanbul is increasing without being any the wiser. larly my Democratic counterpart in the security presence in unsecured The FAA bill that we will pass this the conference committee, Senator areas of airports. week tightens vetting of anyone with NELSON. The FAA bill adds more prevention access to secure areas of an airport and Senator AYOTTE also led numerous and response security teams, which expands the list of criminal convic- subcommittee hearings in the Aviation often include K–9 units, and expands tions that could disqualify someone Subcommittee to get the bill on a path training for local airport security per- from holding a security badge. This bill to success, and both of us appreciate sonnel so the airports are better able also provides for an increase in random the contributions of Senator CANT- to deter or respond to bombers or ac- searches of behind-the-scenes airport WELL, our Aviation Subcommittee tive shooter threats. Increasing secu- workers who are not always subject to ranking member. rity at our Nation’s airports and expe- security screening the way passengers This bill is an example of what can diting security checks will go a long are. happen when Democrats and Repub- way toward preventing terrorist at- I am very proud of everything this licans work together to get things done tacks, but threats at U.S. airports are FAA bill achieves in terms of security. for the American people. I look forward

VerDate Sep 11 2014 23:44 Jul 12, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.024 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4968 CONGRESSIONAL RECORD — SENATE July 12, 2016 to sending our legislation to the Presi- dured. Because training for the Olym- The PRESIDING OFFICER. Without dent for his signature later this week. pics is not considered a business enter- objection, it is so ordered. UNITED STATES APPRECIATION FOR OLYMPIANS prise, our athletes cannot deduct the TRAGEDY OF VIOLENCE AND PARALYMPIANS BILL substantial costs they incur over the Mrs. BOXER. Mr. President, I stand Mr. President, I also wish to speak years as they prepare to represent here as one of the two Senators from for just a moment, if I can today, about America on the world stage. the largest State in the Union to recog- a bill that hopefully will pass the Sen- Most countries not only compensate nize that there is a hole in the heart of ate later today as well. their athletes but also subsidize their America today as we cope with the In just a few weeks, our Olympic ath- training expenses with taxpayer dol- tragedy of violence on all sides. I am letes will head to Rio de Janeiro, lars. Our athletes make considerable fi- working on comprehensive remarks be- Brazil, for the 2016 Olympic games. The nancial sacrifices to train for the cause I am doing it more, in a way, for following month, America’s Olympics and Paralympics and as ama- myself, and those are not prepared Paralympic athletes will compete in teurs receive no compensation for their right now, but right now I want to send the Rio Paralympic games. These ath- training. The very least we can do is my deepest condolences to those who letes represent what is best about our ensure they don’t receive a tax penalty are suffering, who have lost loved ones, country. They embody the timeless when they successfully represent our be those loved ones police officers or values of hard work, dedication, and Nation in the highest level of athletic community members, and for that sportsmanship. competition. matter, so many Americans, so many Our Olympic and Paralympic ath- Simply put, when it comes to our vic- American families who suffer losses be- letes—and their families—have made torious Olympic and Paralympic ath- cause of violence every day. It is crit- innumerable sacrifices over the many letes, we should celebrate their ical that we address this issue. I com- years of training it takes to become a achievements rather than tax their pliment the voices on all sides—the world-class competitor. Training is not success. voices of compassion, reason, and cheap, and the vast majority of our CONGRATULATING PAIGE MCPHERSON love—and I hope I can add my voice to amateur athletes put it all on the line Mr. President, I would also like to their voices. without the help of sponsors or en- take this opportunity to extend my CLIMATE CHANGE dorsement deals to subsidize their ex- congratulations and best wishes to one Mr. President, what several of us are penses. of Team USA’s shining stars; that is, doing on another topic is calling atten- Many of these athletes have spent South Dakota’s own Paige McPherson. tion to the web of denial that is being virtually their entire lives training for Paige grew up in Sturgis, SD, grad- peddled in our Nation by special inter- this moment, and I have absolutely no uating from Black Hills Classical ests and their think tanks and organi- doubt these brave young men and Christian Academy in 2009. She will be zations that are working to undermine women will represent our Nation with competing in Taekwondo at the Rio peer-reviewed climate science. Their great honor and distinction. games and will be striving for her sec- goal is to create uncertainty and to America’s Olympic and Paralympic ond medal in a row, after claiming a delay action on the biggest environ- medal winners, in particular, will be bronze medal at the London Olympic mental and public health threat we greeted with much enthusiasm and Games in 2012. face today. great appreciation upon their return. I know Paige will represent Amer- Climate change is real, human activi- Local communities across America will ica—and South Dakota—with great dis- ties are the primary cause, and the find ways to honor their returning tinction next month, as will all of our warming planet poses a significant hometown heroes. Unfortunately, one Olympic and Paralympic competitors. threat to our people and to our envi- of the ways the Federal Government I wish to thank the original cospon- ronment. That is not my opinion. I am will welcome home our Olympic and sors of my legislation, whom I men- the first one to say I am not a sci- Paralympic champions is by greeting tioned earlier, as well as Finance Com- entist. I rely on scientists, and 97 per- them with a new tax bill. That is right. cent of them have said that climate mittee Chairman HATCH and Senators The Internal Revenue Service considers change is real and human activity is SULLIVAN and MORAN for their support. these medals to be income and will tax I look forward to seeing our legislation the primary cause. The level of scientific certainty on the value of any gold, silver, or bronze enacted into law this year, and I wish manmade climate change is about the medal awarded in competition as well all of our Olympians and Paralympians same as the consensus among top sci- as any incentive award our athletes re- the very best of luck in Rio. entists that cigarettes are deadly, but ceive from the U.S. Olympic Com- Mr. President, I yield the floor. mittee. some of you may remember that up I believe this tax penalty on our f until the late 1990s, the tobacco indus- Olympic heroes is wrong, and that is RECESS try scoffed at the best available science why earlier this year I introduced S. proving that tobacco is addictive and 2650, the United States Appreciation The PRESIDING OFFICER. Under causes cancer. No one in today’s world for Olympians and Paralympians Act. the previous order, the Senate stands would argue with the fact that tobacco This legislation—introduced with in recess until 2:15 p.m. is addictive and causes cancer. In the Senators SCHUMER, GARDNER, GILLI- Thereupon, the Senate, at 12:53 p.m., 1990s, there was a campaign of denial, BRAND, and ISAKSON—would ensure that recessed until 2:15 p.m. and reassem- just as there is for climate change now. America rewards the sacrifice and hard bled when called to order by the Pre- Year after year, the tobacco industry work of Team USA by exempting from siding Officer (Mr. PORTMAN). attacked the science that showed the Federal tax the medals and cash prizes f link between cigarettes and the threat they win at the Olympics and to human health, as well as the Sur- ENERGY POLICY MODERNIZATION Paralympics. geon General’s warning that nicotine ACT OF 2015—Continued I am pleased my legislation will pass was as addictive as heroin and cocaine. the Senate later today, sending a The PRESIDING OFFICER. Under Let me share a few of the statements strong signal to our athletes as they the previous order, the time until 2:30 made by or on behalf of the tobacco in- depart to the 2016 games that their Na- p.m. will be controlled by the Senator dustry. tion stands behind them. I urge the from California, Mrs. BOXER, or her In 1970, the Tobacco Institute adver- House of Representatives to take up designee; the time from 2:30 p.m. to 3 tised that the scientific finding that and pass this legislation before the p.m. will be controlled by the majority; proved a connection between cigarette House adjourns for the August recess. and the time from 3 p.m. to 3:30 p.m. smoking and lung cancer was wrong. America’s Olympic and Paralympic will be controlled by the two managers. They said: ‘‘The Tobacco Institute does athletes deserve not only our admira- The Senator from California. not—and the public should not—accept tion and respect but also a tax system Mrs. BOXER. Mr. President, I ask these claims at face value.’’ that acknowledges the many years of unanimous consent that I be permitted In 1971, Joseph Cullman, the chair- training and sacrifice they have en- to speak for 15 minutes. man of Philip Morris, said: ‘‘We do not

VerDate Sep 11 2014 01:32 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.025 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4969 believe cigarettes are hazardous; we Don’t take my word for it. Let me The third organization is Pacific Re- don’t accept that.’’ give specifics. Mr. President, 2015 was search Institute, which is a free mar- In 1988, a lobbyist from the Tobacco the hottest year on record. Every ket think tank that published a num- Institute submitted written testimony month of this year continues to set ber of anti-climate science materials, for a congressional hearing stating: ‘‘In records. Sea levels are rising many including the ‘‘Almanac of Environ- sum, there is no medical or scientific times faster than they have in the last mental Trends.’’ Just last month, 31 basis for viewing cigarette smoking as 2,800 years. The 2015 wildfire season major scientific organizations basi- an ‘addiction.’ The effort to disparage was the costliest on record, with $1.71 cally said there is strong evidence that cigarette smoking as an ‘addiction’ can billion spent. California, my fantastic ongoing climate change is having only detract from our society’s at- home State, is suffering from its worst broad negative impacts on society, in- tempt to meet its serious drug prob- drought in modern history, and sci- cluding natural resources, the global lem.’’ That was what the cigarette entists are predicting megadroughts. economy, and human health. companies said. Rising temperatures are expected to For the United States, climate At congressional hearings in 1994, ex- worsen air quality and threaten public change impacts include greater threats ecutives from the seven biggest to- health. of extreme weather, sea level rise, in- bacco companies testified that they be- The American public sees what is creased risk of regional water scarcity, lieved nicotine was not addictive. Do happening, and they understand the heat waves, wildfires, disturbance of bi- you remember the picture of them need to act. Seventy-one percent of ological systems. We expect to see this swearing to that fact? Americans supported the historic Paris increase. This is what the real sci- A tobacco industry doctor said: ‘‘The agreement to address climate change entists are saying, the ones who care proposed addiction warning and the as- by reducing harmful carbon pollution. about our people, our environment. sumption upon which it is founded are A March 2016 Gallup Poll shows that 64 They don’t get their paychecks from based neither in science nor fact and percent of Americans—the highest per- Big Oil and those who stand to lose if will have unintended harmful results.’’ centage since 2008—are worried about we turn to clean energy. This is the tobacco company doctor climate change. Gallup also found that So the scientists who work for that saying that if you warn people, it will between 2009 and 2015, a decline in pub- money from the Koch brothers, this is have unintended harmful results. lic concern about climate change was what they say: The world is warming Sure—for his bosses, the tobacco com- linked to a well-publicized campaign of far less quickly than we thought. A lit- panies, who are paying his salary. misinformation about climate science. tle warming will also extend growing In 1998, Walker Merryman, vice presi- The fossil fuel industry took a page seasons. Now consider the dire pre- dent and chief spokesman for the To- right out of the tobacco company’s diction regarding global warming and bacco Institute, said: ‘‘We don’t believe playbook, supporting a network of or- it has ever been established that smok- think of climate like golf. It is easy to ganizations that create a false sense of ing is the cause of disease.’’ see where the ball has landed but dif- The reason I spent so much time uncertainty. So let me tell you that I ficult to construct a model to predict going through that painful history is have joined my colleagues on a resolu- with much confidence where the next that a lot of people died of cancer be- tion condemning the effort by the fos- ball will land. cause the tobacco companies and their sil fuel industry to discredit climate We have many other comments by think tanks would not tell the truth to science, just as the tobacco industry these sham groups that are funded by the American people. That is why a lot worked to discredit science that proved Big Oil, by the special interests, just of people died. tobacco causes cancer. like the tobacco industry had think At the end of the day, the tobacco I want to work with my colleagues to tanks that supported them. You know, companies failed, but there are so call attention to this web of denial. fool me once, OK. Fool me again, I am many bodies out there because of their There are organizations out there— going to find out. We know about these heavily funded propaganda campaign. they have beautiful names. They are organizations. When the people knew the truth, Amer- funded by ExxonMobil, they are funded ExxonMobil gave a total of $381,000 to ica’s smoking dropped from 42 percent by the Koch brothers, and organiza- Reason; $295,000 to Hoover; $615,000 to in 1964 to 15 percent in 2015. To any- tions like DonorsTrust, which hides the Pacific Research Institute— body out there who is still addicted, I the identities of funders and was called ExxonMobil. Foundations associated pray God that they will get help. There the Dark Money ATM in the press. with the Koch brothers provided more are very few things where we know the Dark money is a good description be- than $1 million to the Reason Founda- cause and effect. We know the cause cause the deep pockets of Big Oil and tion and to the Pacific Research Insti- and effect of smoking—it is not good. other special interests have been mis- tute. So we know what is going on Investigative reporting has clearly leading the American people for many here, but there is good news. The shown that those who led the fight years. American people are not asleep at the against health warnings on tobacco As I close my presentation, I want to wheel. They understand what happened have been involved in the climate de- talk to you briefly about three organi- with Big Tobacco. They understand the nial movement from the beginning. zations based in my home State: the phony science that was put forward by Just as Big Tobacco denied that smok- Reason Foundation, the Pacific Re- Big Tobacco. Thanks to the leadership ing was dangerous to people’s health, search Institute for Public Policy, and of my colleague SHELDON WHITEHOUSE, Big Oil and other special interests have the Hoover Institution. These three or- who has done an extraordinary job—he tried to undermine scientists’ warnings ganizations have been involved in ef- knows the truth. He knows the truth about harmful climate pollution by forts to undermine climate science. that these organizations are puppets of claiming that climate change does not The Reason Foundation has been the big fossil fuel industry. You know exist. churning out materials to raise uncer- what. They are going to be found out. So we had Big Tobacco spreading the tainty. The Hoover Institution, which The people already do not, in any big lie that smoking was non- is affiliated with Stanford University— way, support them. That is why I am addictive—they even said at one point which has so many wonderful things to optimistic and came to the floor today. that it was good for you—and Big Oil commend it, but in my opinion not The truth will have its day. The people telling us that there is no climate this—has been identified by the re- understand. They look out the window change, that it is a hoax. But if we searchers as part of the climate and they know. look at the 97 percent of scientists, countermovement. I have great respect I yield the floor. what have they told us we are going to for the work former Secretary of State The PRESIDING OFFICER. The Sen- see? Higher temperatures, more ex- George Shultz and others are doing at ator from Alaska. treme weather, severe droughts, in- Hoover. However, I have to point out Mr. SULLIVAN. Mr. President, I ask creased wildfires, decreasing polar ice, many articles published under Hoover’s unanimous consent to enter into a col- and rising sea levels. That is what 97 name have created uncertainty about loquy for 30 minutes with the Senators percent of the scientists said would climate science, trying to undermine from Montana, North Carolina, and happen. Guess what. It is happening. the need for action. Iowa.

VerDate Sep 11 2014 23:40 Jul 25, 2016 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD16\JUL2016\S12JY6.REC S12JY6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S4970 CONGRESSIONAL RECORD — SENATE July 12, 2016 The PRESIDING OFFICER. Without time when national security challenges on and on, where our troops are needed objection, it is so ordered. and what we are asking our military to for safety and security, where they are DEPARTMENT OF DEFENSE APPROPRIATIONS do are at an alltime high. needed to keep the fight away from our BILL What I want to do with my col- homeland. Mr. SULLIVAN. Mr. President, last leagues is talk about this, try to let So I thank everyone who is joining in week we had a lot going on in terms of the American people know this is not today. I appreciate the thoughts we national security and foreign policy what we should be doing. Perhaps the will be sharing with our constituents facing our country and, most impor- media will talk about this and high- and with the audience we have. Hope- tantly, facing our troops, facing our light this a little bit more because we fully, we will see this projected nation- military. The President, the Secretary are going to vote again on this appro- wide, with an outcry of outrage that of Defense, the top leaders in the mili- priations bill, which, by the way, came the Democrats are blocking—are dar- tary were asking a lot of our troops in out of committee unanimously. The ing to block funding for our national 1 week. Let me just give you a little Democrats on the committee voted for security. example of that. it. This is a bipartisan bill—a bipartisan Just yesterday, Secretary of Defense Yet, somehow, when it comes to the bill. The Senate version cleared out of Ash Carter announced, from where he floor, they are going to do another fili- our Senate Appropriations Committee is in Iraq, that the United States will buster. They did it last Thursday. It is by a vote of 30 to 0, Democrats and Re- be deploying 560 more troops to Iraq in our hope—and one of the reasons we publicans. We came together, bipar- our fight against ISIS. Make no doubt are on the floor right now—to convince tisan, 30 to 0. about it, the White House might spin our colleagues to change their ways. I In total, this bill appropriates $515.9 what we are doing over there, but our am sure they don’t want to have to go billion for our national security. Some troops are definitely in combat, fight- home after recess and have to explain $900 million of this is funding for the ing to protect us. to their constituents why they voted National Guard, a critical arm to the At the NATO summit on Friday, not once, not twice, not three times, security of the United States and President Obama announced that the not four times but five times to fili- where I ended my 23-plus-year career United States will be deploying an ad- buster spending for our troops. I hope last November in the Iowa Army Na- ditional 1,000 troops and a separate bri- they don’t have to do that. We are tional Guard. In fact, my old unit, the battalion I gade headquarters to Poland. A lot of going to vote on that again this week. commanded in the Iowa Army National us—I think bipartisan—support what is I am honored to be on the floor with Guard, that battalion headquarters is going on at the NATO summit and con- some distinguished Members of the currently forward-deployed. So the gratulate the President for a successful Senate, some of the Members of the men and women I served alongside, summit. class of 2014. I am going to ask the jun- they are out there protecting our free- On Wednesday, the President an- ior Senator from Iowa—who knows a doms. They are out there securing an nounced he plans to leave 8,400 Amer- little bit about what she is talking area far away from home. They are ican troops in Afghanistan—more than about when it comes to the U.S. mili- doing it not just for me and not just for he originally planned, a number that a tary, with 23 years of military service, the Senators who are here, but they are lot of us had been advocating for, having just retired as a lieutenant doing that for all of you. maybe even more—to combat the colonel in the Iowa National Guard. I The fact that we would reject funding Taliban; again, our troops in action. am honored to have her open up and for our forward-deployed troops is ap- On Saturday, we learned that North say some words about something that palling to me. Those are my brothers Korea launched a submarine ballistic is remarkable that is going on, on the and sisters. These are my friends, my missile off the coast of the eastern part Senate floor—filibustering the spend- neighbors, my colleagues. They are of the country. Over the weekend, the ing for our troops at this dangerous fighting on behalf of the United States. Wall Street Journal reported that even time. The United States is now turning its after reaching the Iran nuclear deal, It is not what we should be doing. back, with a filibuster, on these troops. the Iranians continue to try to ille- Our colleagues know it. I guarantee So how dare our colleagues block a bill gally procure nuclear equipment from you the American people know it. If to fund our military, while our troops Germany. Finally, just today, there you ask people, Democratic or Repub- are forward-deployed. They are out on was an important ruling from The lican: Should we be funding our troops our frontlines. Hague, the tribunal there, about what at this moment, the answer, clearly, in I know my colleague from Montana is going on in the South China Sea, in every State and every part of the coun- has had some troops who have just re- keeping sealanes open where we just try, would be yes. cently returned. I know he would like recently had two carrier battle Senator ERNST. to join us in this discussion as well. groups—two U.S. carrier battles Mrs. ERNST. I say thank you to Sen- Mr. DAINES. Mr. President, I want groups, thousands of sailors in that ator SULLIVAN, the distinguished Sen- to thank the Senator from Alaska. I part of the world. ator from Alaska. Thank you for your also want to thank Lieutenant Colonel So what did the Senate do with re- passion as well. You have served in the and Senator ERNST for her service to gard to all the activities facing our Marines, in the Marine Reserves. I our Nation. Senator ERNST is the first troops? What did the Senate do to sup- thank you for that, for your dedication female combat veteran to ever serve in port these troops whom the President and your commitment to our United the Senate. It is an honor to serve with and the Secretary of Defense are ask- States of America through your service her, and I thank her for her service to ing so much of? Well, a lot of Ameri- as a marine and now through your our country both as a soldier as well as cans did not see it, but in the late service in the Senate. a Senator. night, on Thursday night, led by the We are also joined by the Senators As I speak today, my friends from minority leader, unfortunately our col- from Montana and from North Caro- across the aisle have already—not leagues on the other side of the aisle lina. I would like to thank my col- once, not twice, but three times— filibustered defense spending, filibus- leagues for joining in a colloquy. The blocked consideration of the Depart- tered the Defense appropriations bill. filibuster we have seen on the other ment of Defense Appropriations Act of This is not the first time that has side of the aisle sends a message to our 2017, which will deny our troops the happened. Indeed, that is the bill the troops that we don’t care about their proper funding and support they de- other side seems to like to target. security, and we don’t care about the serve. I am proud to be standing here Amazingly, they like to target funding Nation’s security. We must fund our with some of my freshmen colleagues, for our troops and our military. That is troops, at a time when, as you stated, imploring my friends on the other side not the first time. It is not the second the world is virtually imploding. of the aisle to stop the political games time. It is not the third time. It is the We see actions going on all around and get back to work, and that starts fourth time, inside of a year, our col- the globe, whether it is from North Af- with funding our military. leagues on the other side of the aisle rica into Iraq, Syria, North Korea, We shouldn’t be playing these petty filibustered funding our troops, at a China, Iran, Afghanistan. We could go political games on legislation that is

VerDate Sep 11 2014 23:44 Jul 12, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.028 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4971 and should be historically bipartisan. this body passed a bill by a unanimous Now, we have already heard it said In fact, this bill, the Department of De- vote of 30 to 0 out of committee? We multiple times before, but I think it fense Appropriations Act, passed the must say yes to our military who fight bears repeating. Why on Earth would House of Representatives in June on a for us every day and say no to petty the minority leader prevent us from bipartisan vote of 282 to 138, and that politics in Washington, DC. We must moving to a vote? A filibuster is noth- included 48 Democrats. That is a very stand up for the rights and the free- ing more than saying no to sending strong bipartisan vote. Over on the doms we enjoy. Senate Democrats, stop this bill to the President’s desk, after Senate side—as a member of the Com- saying no. Let us debate the DOD ap- 30 Democratic members in the Appro- mittee on Appropriations, I recall it propriations bill. priations Committee said yes. We only clearly—it passed our committee 30 to Finally, I urge my Senate colleagues need six of them to move this bill to 0. That is called running up the score— across the aisle to have the courage to the President’s desk. 30 to 0 out of the Committee on Appro- vote against the wishes of their leaders I guess the minority leader has a priations on May 26. Not one Democrat and help us move this legislation for- hammerlock on all of the Members who opposed this bill in committee. I ask ward. want to vote for this bill. They won’t my colleagues: What in the world has Again, I am proud to stand here with come to the floor and show the courage changed? Why did we go from 30 to 0 in some of my Senate freshmen col- and commitment to the men and the committee and now we are seeing a leagues and the distinguished Senator women in uniform to do the right filibuster here on the floor of the Sen- from North Carolina, THOM TILLIS. I thing. That is where we are. That is ate? know Senator TILLIS has some real why it is personal to me. Just so we are all clear, when Senate concerns about what is going on here What do I tell the 100,000 Active-Duty Democrats vote no, here is what they on the Senate floor. military in North Carolina when I go are saying no to: 1.2 million military Mr. TILLIS. Mr. President, I want to home? I am sorry, but the minority Active-Duty servicemembers and thank my friends and colleagues from leader has decided you are not a pri- 800,000 reservists. They are saying no to Montana, Alaska, and Iowa for being ority, in spite of the fact that we go to 10,000 troops engaged in combat in Af- here. I particularly want to thank Committee on Armed Services hearings ghanistan and the additional military Lieutenant Colonel ERNST for her serv- weekly and we hear the threat level in harm’s way in Iraq, Syria, and other ice. She is now a veteran, but she has never been greater and in spite of places throughout the world. served bravely. I want to thank my We are seeing ISIS expanding into friend from Alaska. He is a marine, and the fact that we see the rise of ISIS places like Libya. They are attacking he still answers the call. He is doing across all of the Middle East, now in Western targets like Paris, Brussels, the work here in the Senate, but he is Europe, and it is threatening our and the homeland here, in places like prepared to go on a moment’s notice homeland. San Bernardino and Orlando. We need wherever we have to go to defend free- In spite of all of these threats, we tell to make sure our military forces have dom. the men and women in uniform and the tools they need to win. As Senator I come from North Carolina. This is their commanders that politics win MARCO RUBIO once said: It is either we almost getting personal with me. I am over the principle of funding our troops win or they win. There is no middle going to talk a little bit about that, and saving our Nation and protecting ground here. Let us give them the tools but I want to explain to the people who our Nation. I think that is despicable. they need to win. I can tell you one may be watching this on television or We know we have enough votes to thing: Our enemies are not waiting to those in the Senate Gallery what we send this bill to the President because around for Senate Democrats to fund are talking about. they voted for it before. We only need our military to make it a fair fight. We use the word filibuster, and it is a third of them to vote for this now This bill provides money to replace kind of hard to understand, but it is ac- and send it to the President’s desk. tually pretty straightforward. The the munitions and other consumable I could go on, and if we have time, I Democratic conference has decided to items being used to defend America hope Senator SULLIVAN will ask me say no to funding our troops. They against the likes of ISIS, Al Qaeda, and some questions because I have spent a have decided to say no to providing the Taliban. Passing this also gives lot of time down at Camp Lejeune and them a much deserved pay raise. They confidence to our Eastern European al- Fort Bragg. Ask me about whether or have decided to say no to funding im- lies. not the leader of FORSCOM and the portant training that is necessary to Back in my home State of Montana, leaders down there responsible for the make sure they can complete these we have a rich legacy of service. I am 82nd Airborne Division and the XVIII highly dangerous and complex missions the son of a U.S. marine. My dad served Airborne Corps think they have enough wherever a threat may occur. in the 50th Rifle Company in Billings, money and they can keep our men and Now, why is it personal to me in MT. In fact, our Nation’s ‘‘peace women safe. Ask them about the condi- North Carolina? Because I have about through strength’’ strategy can be seen tions at Camp Lejeune and the condi- 100,000 Active-Duty personnel in North clearly at Montana’s Malmstrom Air tions we ask these men and women to Carolina. Fort Bragg in North Carolina Force Base. You see, up in Montana, we serve in after we tell them we are not is the home of the Global Response have one-third of the Nation’s inter- going to give you money to keep you Force. That is the base that gets the continental ballistic missiles. We play safe so that you can complete your call from the President when, on a mo- a critical role in meeting our Nation’s mission. security and military needs. In fact, I ment’s notice, we may have to send have the utmost faith—and always do— hundreds or thousands of men and This is politics at its worst. We need in the 1,200 defenders at Malmstrom women to drop out of airplanes any- to send this bill to the President’s that provide security for the missiles where in the world. It is not just jump- desk. We need to show respect for the that silently sit across Montana. I ing out with a parachute. It is jumping men and women who have sworn an know these airmen will not fail our Na- out with a hundred pounds of equip- oath to lay down their life for the tion, but Washington, DC is failing ment attached to them, it is dropping cause of freedom. This is a failure on them. Senate Democrats are failing earthmovers, weather stations, a small the part of the minority leader and on them, and that is unacceptable. city operation anywhere in the world the part of any other person who would At Malmstrom, the motto on the to support a relief effort or to support sit there and refuse to move to a bill commander’s coin says this: ‘‘Scaring a combat mission. That takes training. that every single one of them in the the hell out of America’s enemies since That takes constant training. It takes Appropriations Committee supported. 1962.’’ And they do so because this body hours and hours of training to make I appreciate Senator SULLIVAN’s ele- chose duty over politics. sure they can complete their mission vating this dialogue to the extent that So how can Democrats continue to but, even as important, to make sure he will, and we shouldn’t stop until we stand here and say no to our military they do it safely and that they them- fulfill the promise that is our first and when so much is at stake, when the selves do not get injured or killed in foremost constitutional obligation, House passed a bipartisan bill, when the process. which is to protect this Nation. The

VerDate Sep 11 2014 01:50 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.029 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4972 CONGRESSIONAL RECORD — SENATE July 12, 2016 people voting against this bill and pre- I was a young captain serving in Ku- times. Two weeks ago when I went into venting it from getting to the Presi- wait and Iraq. We track this because it his hospital room, he was standing up. dent’s desk, in my opinion, are failing is so important that we have the fund- This special operator was pretty proud to live up to their oath. ing necessary for our personnel—just to show me his wounds—standing up, I want to thank Senator SULLIVAN basic funding of our human resources shot four times. He didn’t bemoan the and Senator ERNST again for their serv- obligations to the U.S. Armed Forces. fact that he had been injured severely; ice, and I thank my colleague for As to our personnel, we have to have what he was bemoaning was the fact bringing this to the attention of the funding to update our equipment, and that he was not with his unit. American people. we have to have the funding for the He said: Ma’am, I have no idea how Mr. SULLIVAN. I thank Senator training necessary so that our men and long it is going to take me to heal, but TILLIS, and he put his finger on it when women are ready and able to forward I am ready to go back and serve with he said it is personal. I think it is per- deploy. Even when they are forward de- my unit. I am ready to go back. sonal to all of us. ployed—in Iraq, Afghanistan, or you These are the men and women we Senator ERNST talked about it. She name it—they pay attention. need to be funding, folks. They are our literally has her former colleagues, the It is vitally important that what we defense—our national defense. So I am troops she commanded, in Afghanistan do here today is to vote on the DOD ap- asking that the filibuster end and that right now. There is nothing more per- propriations bill. We have to stop this we take a vote on the DOD appropria- sonal than that. filibuster. Our troops are paying atten- tions bill. Just like Senator TILLIS and Senator tion. Their families are paying atten- I know we would like to hear a little DAINES, the great State of Alaska also tion. Their families here in the United more from my colleagues—again, I has thousands and thousands of Active- States want to know the Senate is thank them for coming to the floor— Duty Army, Air Force, Coast Guard, doing the right thing by protecting our the Senator from Montana, the Sen- and Marines servicemembers, reserv- military, making sure we have the ator from North Carolina. And I thank ists, and veterans, and they are won- troops necessary, the equipment nec- the Senator from Alaska for leading us dering why. I get asked: Why would the essary, the training necessary to make in this discussion today. minority leader filibuster spending for sure that when they forward deploy, I yield the floor to the Senator from America’s troops? Isn’t that like the they come home safe again. That is No. Montana. most important thing the Congress 1—making sure they are properly Mr. DAINES. Mr. President, it is cer- does—national defense? Why? trained, equipped, and manned so they tainly an honor to think that we are Why on Earth would they consider come home safe. standing here as Senators with two dis- doing it a fifth time before we go home So yes, Senator SULLIVAN, they do tinguished veterans: Lieutenant Colo- on recess? The one thing we should be pay attention. As we are standing here nel Ernst and Senator SULLIVAN, who doing before we take a 2-month re- debating the importance of this appro- served in the U.S. Marines. In fact, to- cess—when, as Senator ERNST said, the priations bill, we have almost 10,000 night I will be at the Iwo Jima memo- whole world is imploding with national troops serving today—right now—in rial, at a parade, with my daughter, security challenges—is voting to fund Afghanistan. We have almost 5,000 honoring my dad, a marine, and hon- our troops. So why? I really don’t know troops in Iraq. Our special operators oring the men and women who served the answer. are deployed throughout the world pro- and wore the great uniform of the U.S. At one point, the minority leader tecting our Nation. military. came to the floor last year and said the Just last week I had the opportunity There is one group who is cheering bill was ‘‘a waste of time.’’ I am not to visit a hospital and see one of those right now, and that is our enemies. sure most Americans would agree with special operators, and I am going to They are cheering the fact that this him on that. Then they made some come back to that special operator in body cannot get a defense appropria- kind of excuse: Well, we need to make just a second. tions bill passed. Maybe we should tie sure the appropriations bill fits with I stated before that the world is im- congressional pay to this bill. You the bipartisan budget agreement from ploding, and we only have to look at know what. We could ask the minority last year. Well, it does. Nobody is mak- the headlines over the past several leader: Let’s put congressional pay in ing that argument. He was even re- days to see what a risk our globe is in. here. Maybe that will get the body to cently quoted as saying he doesn’t North Korea test fires a ballistic mis- act, to move forward, if we say: If we want his party to be ‘‘at the mercy of sile from a submarine on July 9. The are not going to fund our military, Republicans.’’ In essence, that blocking Chinese Navy holds a live fire drill in let’s not fund this body right here. If our defense budget gives his political the South China Sea—even after the we can’t pass the Defense appropria- party leverage. Well, I will tell you international court has ruled against tions bill, we shouldn’t get a paycheck who gets leverage from blocking this their claims in the region. Iran, which here in Washington, DC. funding—our enemies and our adver- is now, oddly enough, being fueled by We ought to stand with the men and saries, not our troops. taxpayer dollars after the horrific nu- women who depend on the appropria- There is one other myth here, and I clear deal our administration entered tions. What this body is saying no to— hear it a lot. When these procedural in, drove their boats dangerously close this filibuster is saying no to military votes happen in the Senate, the troops to ours once again. They came dan- personnel; it is saying no operations; it don’t really see it. They do not really gerously close to American ships. And is saying no to the procuring we need understand it. Heck, this vote they U.S. intelligence reports come forward to take the fight to the enemy; and it took to block it last time on Thursday saying ISIS is ‘‘adapting’’ to our cur- is saying no to research and develop- night was almost at midnight. Maybe rent efforts. ment, testing and evaluation to make nobody saw it. But I want to ask Sen- These are the things, folks, that keep sure our men and women who wear the ator ERNST: Do you think the troops me up at night. These are the things uniform of the U.S. military have the see this? Do you think they understand that keep many of us up at night. But very best tools they need to defeat a what is going on? Do you think your what lets us rest a little more at ease very real enemy. troops in Afghanistan or in the Iowa is knowing that we have our airmen, I thank my freshmen colleagues for National Guard or all the other mili- marines, soldiers, and sailors who are coming to the floor today. I thank Sen- tary members we have gotten to know forward-deployed guarding our home- ator SULLIVAN for leading this effort as through our positions on the Com- land. What puts my mind at rest is we are discussing why we need to stop mittee on Armed Services see what is knowing we have these brave men and the filibuster and pass the Defense ap- happening? How do you think that im- women doing their job for us. They are propriations bill. pacts morale? not failing us. Mr. TILLIS. Senator SULLIVAN asked Mrs. ERNST. I thank my colleague. Back to the special operator I visited Senator ERNST whether people in uni- Yes, of course, they pay attention. in the hospital last week, this young form are watching. Let’s talk about They see what is going on in the Sen- man—forward-deployed into a theater other people watching. What about the ate. We track this. I tracked this when in the Middle East—had been shot four families of those men and women in

VerDate Sep 11 2014 01:50 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.030 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4973 uniform, the ones whom Democrats Mr. REID. Mr. President, I will take never had any intention of coming have decided to say no to for a pay some of that time. back to negotiate a deal. Republicans raise? The PRESIDING OFFICER. The Sen- have no desire to work with us to get a My wife and I have adopted Fort ator has that right. bipartisan Zika funding bill to the Bragg, where she started a program ZIKA VIRUS FUNDING President now or at any time in the called Baby Bundles where we create Mr. REID. Mr. President, the Sen- near future. It has all been a charade. these bundles to give to expectant fam- ate’s work is that of legislating. The Republicans are interested in one thing ilies, E4s and below. These men and art of legislating is rooted in good only: attacking Planned Parenthood. women have very little. They are serv- faith, and, always, legislation by defi- Zika is the sideshow. What Republicans ing their Nation and are not making a nition is the art of compromise. In really show their interest in is under- lot of money. We are trying to do our order to accomplish things for the mining women’s health by taking pot- best to make up for that by providing American people, the Senate must shots at Planned Parenthood. They are them with these gifts as they bring a work together in good faith, but I am good at this. They have been doing this child into the world. seeing very few good-faith efforts from for years, and they will use Zika, But what about the mother or father the Republicans on Zika, among other Ebola, and anything else to do it. who is left behind as their loved one is things. What I am seeing is one cynical There is a frightening shortage of in- somewhere in harm’s way? What are Republican ploy after another. tegrity in this body, and it is getting they thinking about when they come It is clear now that Republicans are worse every day. It doesn’t have to be home during training and say: You not going to provide President Obama that way. Democrats and Republicans know, we are just not getting the and the country with the $1.9 billion in can work together and should work to- jumps we were getting. We are not get- emergency Zika funds that public gether, and we should work in good ting the equipment we were getting. health officials need, but Democrats faith. And, sweetie, I am about to be de- still want to get as much funding as The chair and ranking member of the ployed. the experts tell us they need in order Senate Energy and Natural Resources That is happening. That is what this to stop Zika. To that end, the Presi- Committee have an agreement that if ‘‘no’’ stands for. That is what this ac- dent of the United States, Leader Democrats agree to go to conference on tion on the part of the Democrats PELOSI, and I have made several en- this Energy bill, Senator MURKOWSKI stands for. treaties to the Republican leaders— has given her word to side with Sen- We need to vote for this bill. We need that is, Senator MCCONNELL and ator CANTWELL in order to produce a to show military families and men and Speaker RYAN—pleading with them to consensus-based conference report they women in uniform that we support work with us. Last Thursday, the ad- can both support. She made that same them. I encourage my colleagues on ministration tried to schedule a meet- commitment to me personally. So Sen- the other side of the aisle to move this ing with Speaker RYAN and Senator ator MURKOWSKI and Senator CANT- bill to the President’s desk. MCCONNELL in the same room with WELL will work together to represent The PRESIDING OFFICER. The Sen- Health and Human Services Secretary the Senate at the conference—not rep- ator from Alaska. Sylvia Burwell and Director Shaun resent Democrats or Republicans but Mr. SULLIVAN. Mr. President, I ask Donovan, the leader of the Office of the Senate. That is terrific. Senators unanimous consent for 1 minute to Management and Budget. This was an CANTWELL and MURKOWSKI have proven conclude this colloquy. opportunity for Republicans in Con- in the past that they can work on good, The PRESIDING OFFICER. Without gress and the administration to get on strong legislation without poison pills objection, it is so ordered. the same page about Zika and chart a and with strong bipartisan support. So Mr. SULLIVAN. Mr. President, I I look forward to them working with path forward. Speaker RYAN and Sen- thank my colleagues who bring honor other conferees to complete a final en- ator MCCONNELL said no to me. They to the Senate by coming down here and wouldn’t even meet with two members ergy bill that Democrats can support talking about this important issue. and the President will sign. Those watching at home should be of the President’s Cabinet. Democrats are disappointed, but we The basis of this legislation has been calling their Senators and telling continue to look for solutions. The going on for 4 or 5 years—4 or 5 years. them: Fund our troops. Fund our only solution at this point that would The effort was led by Senator SHAHEEN troops. get doctors, researchers, and public for years. We almost got it done, but When there are so many national se- we had Republican obstruction on it. curity challenges out there, we need to health experts the immediate Zika funding they need is to pass the bipar- So we are where we are now. We can’t make sure we do not go on a 2-month legislate for things done in the past, recess without funding our troops and tisan Senate compromise as soon as possible. We were willing to do more, but the Republican leader should take moving forward on this bill. We should a cue from the senior Senator from not move forward on a vote to have an- but the Senate compromise I just men- tioned passed this body with 89 votes Alaska. other filibuster vote, the fifth one in a We still want to work together with and could pass again today if it were year—the only bill that seems to get Republicans to get something done on brought up by the Republican leader the focus of our colleagues and the mi- Zika. It is important to the American for a vote. nority leader to filibuster. people. That would require a good-faith We need to do the right thing. We I spoke with the Republican leader personally and asked him to consider approach from our Republican col- need to do the right thing by the Amer- leagues. That is not here right now, ican people, and we need to do the this legislation as a stand-alone bill. And we would be willing to do even and it is too bad. right thing by our troops. Fund the I yield the floor. troops. Break the filibuster. We need to more. I told him that. He would not Mr. President, I ask unanimous con- move forward. commit one way or the other. Yester- sent that the time in the quorum call I certainly hope my colleagues on the day, I had my staff reach out to the Re- that I am about to suggest be charged other side are going to finally see the publican leader’s staff. We haven’t equally against both sides. light and vote to move forward funding heard back. Instead of getting back to The PRESIDING OFFICER. Is there for our military, national security, our my office with a substantive response, objection? troops, and our families. the Republican leader came to the Without objection, it is so ordered. Mr. President, I yield the floor. floor this morning and made accusa- Mr. REID. Mr. President, I suggest The PRESIDING OFFICER. The time tions that were wild and unfair about the absence of a quorum. now will be controlled by the two man- what we are proposing. I guess that was The PRESIDING OFFICER. The agers. the Republican leader’s response to our clerk will call the roll. The Senate minority leader. good-faith offer. I guess that was it. The senior assistant legislative clerk Mr. REID. Mr. President, what does But that is not the way the Senate proceeded to call the roll. the previous order say? should operate. Ms. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. The time Now it is clear that the Republican ask unanimous consent that the order is equally divided until 3:30 p.m. leader has been stringing us along. He for the quorum call be rescinded.

VerDate Sep 11 2014 01:50 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.031 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4974 CONGRESSIONAL RECORD — SENATE July 12, 2016 The PRESIDING OFFICER (Mr. ference, it is no exaggeration to say and Commerce chair, FRED UPTON, as LANKFORD). Without objection, it is so that at least 80 of us within this body well as the House Natural Resources ordered. will be voting on whether or not to ad- chairman, ROB BISHOP, said on June 20: Ms. MURKOWSKI. Mr. President, in vance our own ideas and our own policy At the end of the day, our goal is to get just a matter of minutes this after- suggestions. something to the President that he will sign noon, we will proceed to a motion to go Let me give you a couple of exam- into law. From our perspective, a bill that to a formal conference on S. 2012, ples. Our bill contains a bipartisan pro- the President will veto is a waste of time and which is the Energy Policy Moderniza- vision from Senators BARRASSO and effort and casts aside the hard work we’ve put in up to this point. We remain com- tion Act of 2016. There is no doubt in HEINRICH, as well as 16 others that mitted to working in a bicameral, bipartisan my mind that we should agree to go to would streamline the LNG export ap- manner and remain hopeful that we can set conference with the House on this proval process. The bill contains an en- aside our differences and move ahead with a broad bipartisan measure. tire title on energy efficiency that was formal conference between the two cham- I want to begin my remarks with a written by Senator PORTMAN and Sen- bers. reminder of both the process that we ator SHAHEEN, as well as 13 other Mem- In addition to my approach and the followed to reach this point and the bers. approach the two House chairmen have many, many good provisions that the The resources title that I developed embraced, there are institutional pro- process has allowed the Senate to in- with the ranking member is a balanced tections that will help ensure that this clude within our Energy bill. From the package of some 30 lands and water process stays on track. If Members are very beginning, we have committed to bills, including a bipartisan sports- part of the conference committee and the regular order, committee-oriented men’s provision that the Senate adopt- decide at the end they don’t want to process. ed by a vote of 97 to 0. We made innova- sign the conference report, then they I want to acknowledge the strong tion a key priority to promote the de- don’t have to sign it. As we have seen working relationship with my friend veloping of promising technologies. We in recent days, conference reports re- and colleague on the committee, the have Senators ALEXANDER, PETERS, quire 60 votes to end debate on them, ranking member, Senator CANTWELL CAPITO, MANCHIN, WYDEN, and many meaning our bill will need to remain from Washington. We set out working others to thank for that. bipartisan in order to pass. this together. We set out with a view in We also focused on grid moderniza- To me, the best argument for going mind that we needed to update our tion, cyber security, the National Park to conference on an energy bill is still country’s energy laws. In order to get a Centennial, and conservation policies. the one we started with; that is, it is good product, we were going to have to These are all bipartisan efforts. All of way past time. It has been almost a work cooperatively and collaboratively those are a part of this bill. decade now. The last time Congress and in an open, transparent, and inclu- Now we have to vote to determine passed a major energy bill was Decem- sive process. That is what we did. That whether we will keep going in the last ber of 2007. With almost a decade’s has been a goal that was worth work- stretch of this legislative process or worth of changes in technologies and ing toward, and I think the effort that whether the Senate says: All that work markets taking place since then, our we made as a chair and as a ranking that you did—we are not going to move policies have simply become outdated. member brought in support from both forward with it. I don’t think that is a There is a whole list of organizations sides of the aisle and allowed us to good option, and I hope it is an option and individuals that have urged us as a come to this place today. this Chamber will reject. Chamber to get moving with a con- Our Energy Policy Modernization My very strong preference is that we ference, whether it is the Alliance to Act is the result of listening sessions, keep going. I think we should agree to Save Energy, the Bipartisan Policy legislative hearings, bipartisan nego- conference with the House of Rep- Center, the Business Council for Sus- tiations, a multiday markup held last resentatives because I know the con- tainable Energy, the American Chem- July, and a multimonth floor process ference process can produce a worthy istry Council, the chamber of com- earlier this year. That process con- bill that becomes law. I think it is fair merce. They go and on. cluded with an overwhelmingly bipar- to say that it will not include every- There is an urgent need to update tisan vote, as 85 Senators voted in thing that is on the table right now, and reform our Nation’s energy poli- favor of the first major Energy bill to but anyone who has looked at what cies. We are overdue. Our policies are pass this Chamber in nearly a decade. each Chamber has passed knows there deficient. We have advanced many, After we passed our bill, it went over is plenty out there that we can agree many good ideas, but we need to get to the House. They responded with a on. this over the finish line. That is ex- series of measures that had already I have a few assurances from Mem- actly what going to conference will passed their Chamber. While what they bers who may be a little bit hesitant to allow us to do. sent back has been criticized by some, move forward this afternoon. First, I The Energy Policy Modernization I certainly think the House was re- will reiterate my personal commit- Act gives us a chance to do all of that. strained in its process. They could have ment to a final bill that can pass both We have a chance now to take that passed a highly partisan package that Chambers and be signed into law by the next step forward on this broad bipar- would have been more difficult to rec- President. That doesn’t mean we are tisan bill—keep it going, proceed to oncile with our bill, but I think they going to unilaterally disarm ourselves conference, allow ourselves to write a developed a more measured response in conference negotiations, but my ob- good final bill that we can then send to and chose by voice vote to ask the Sen- jective here is to deliver a law. That the President’s desk. ate to conference with them. Now it is means it can’t be the House product With that, Mr. President, I yield the our turn. necessarily or the Senate product nec- floor. The very last procedural step is for essarily. It has to be something the The PRESIDING OFFICER. The Sen- the Senate to vote to proceed to go to Chambers can both agree on and the ator from Washington. a formal conference. After waiting President can sign into law. I intend to Ms. CANTWELL. Mr. President, I more than a month—actually, I think lead the conference committee the way join my colleague from Alaska, the we are probably at about 6 weeks now— I led the Senate process—by looking chair of the Senate Energy Committee, we will have that vote in the next 10 for common ground, by being open, by to urge my colleagues today to move minutes or so. In looking at all the sig- being fair and inclusive, and by seeking forward on going to conference on the nificant provisions included within our consensus over partisan division. Energy bill. bill, all of which are at stake today, I You don’t have to take just my word My colleagues will remember we think this should be a very easy choice for it. A couple of weeks ago, the two passed a bill 85 to 12, I think it was, for all of us to make. House chairmen who will be most heav- and included a great deal of provisions Our bill includes priorities from 80 ily involved in the Energy bill con- on—my colleague just said—modern- different Members of the Senate, in- ference also released a joint statement izing the electricity grid, building cluding 42 members of the Democratic that reinforces how we intend to pro- next-generation investments in energy, caucus. When we vote to go to con- ceed. Here is what the House Energy smart buildings, advanced composite

VerDate Sep 11 2014 01:50 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.033 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4975 materials, energy storage and improv- Standing Rules of the Senate, do hereby Moran Risch Tester ing cyber security, critical infrastruc- move to bring to a close debate on the mo- Murkowski Rubio Thune tion to disagree to the House amendment, Murphy Sasse Tillis ture, and the energy workforce for to- Murray Schatz Toomey agree to the request from the House for a morrow. Nelson Schumer Udall This was a very worked-over process, conference, and the Presiding Officer appoint Peters Sessions Warner the following conferees: Senators Mur- both in committee and on the Senate Portman Shaheen Warren kowski, Barrasso, Risch, Cornyn, Cantwell, Reed Stabenow Whitehouse floor, and it was a very collaborative Wyden, and Sanders with respect to S. 2012, Reid Sullivan Wyden effort among our colleagues on both an original bill to provide for the moderniza- NAYS—3 sides of the aisle. It did take some dis- tion of the energy policy of the United cussion with our House colleagues be- States, and for other purposes. Paul Perdue Scott cause the package they passed was a John McCain, John Cornyn, Marco NOT VOTING—13 very different product. I will say, it Rubio, Deb Fischer, Rob Portman, Barrasso Graham Shelby was a very less worked product on a bi- Roger F. Wicker, Richard Burr, Joni Coats Inhofe Vitter partisan basis and certainly a product Ernst, David Vitter, James M. Inhofe, Cochran Roberts Wicker Dean Heller, Pat Roberts, Lamar Alex- Cornyn Rounds that had a lot of veto threats in it. Cruz Sanders Our House colleagues have made ander, Ron Johnson, Tom Cotton, Thom Tillis, Mitch McConnell. some comments about that legislation The PRESIDING OFFICER. On this that have made it helpful for us to The PRESIDING OFFICER. By unan- vote, the yeas are 84, the nays are 3. move forward. We met with our col- imous consent, the mandatory quorum Three-fifths of the Senators duly cho- leagues, the Natural Resources and En- call has been waived. sen and sworn having voted in the af- ergy Committee chairs, Mr. BISHOP and The question is, Is it the sense of the firmative, the motion is agreed to. Mr. UPTON. They basically said: Look, Senate that debate on the motion to Cloture having been invoked, the they didn’t want to waste time on disagree to the House amendment, question is on agreeing to the com- things that would be vetoed by the agree to the request by the House for a pound motion. President of the United States, so we conference, and to appoint conferees The motion was agreed to. took that as a good sign that they were with respect to S. 2012, a bill to provide The PRESIDING OFFICER. The ma- willing to sit down and talk about leg- for the modernization of the energy jority leader. islation that could move forward in a policy of the United States, and for f positive fashion. other purposes, shall be brought to a COMPREHENSIVE ADDICTION AND Senator MURKOWSKI’s staff, my staff, close? RECOVERY ACT OF 2016—CON- and we together have rolled up our The yeas and nays are mandatory FERENCE REPORT—Continued sleeves and tried to look at ways in under the rule. which we could talk about how we The clerk will call the roll. Mr. MCCONNELL. Mr. President, I move forward from here so that all of The bill clerk called the roll. ask that the Chair lay before the Sen- our colleagues could have confidence Mr. THUNE. The following Senators ate the conference report to accom- that we are going to work on some- are necessarily absent: the Senator pany S. 524. The PRESIDING OFFICER. The thing that would be a final product from Wyoming (Mr. BARRASSO), the clerk will report the conference report that really would get to the President’s Senator from Indiana (Mr. COATS), the to accompany S. 524. desk. I thank my colleague from Alas- Senator from Mississippi (Mr. COCH- The bill clerk read as follows: ka for her indulgence in that process. I RAN), the Senator from Texas (Mr. COR- Conference report to accompany S. 524, a know she had conversations with Sen- NYN), the Senator from Texas (Mr. bill to authorize the Attorney General to ator REID about no poison pills and CRUZ), the Senator from South Caro- award grants to address the national wasn’t going to sign off on those kinds lina (Mr. GRAHAM), the Senator from epidemics of prescription opioid abuse and of activities. Oklahoma (Mr. INHOFE), the Senator heroin use. We are here to say to our colleagues: from Kansas (Mr. ROBERTS), the Sen- The PRESIDING OFFICER. The Sen- Let’s continue the good bipartisan ef- ator from South Dakota (Mr. ROUNDS), ator from Tennessee. fort that existed in the Senate bill and the Senator from Alabama (Mr. (The remarks of Mr. ALEXANDER per- work with our colleagues in the House SHELBY), the Senator from Louisiana taining to the introduction of S. 3169 to resolve these issues. As my col- (Mr. VITTER) and the Senator from Mis- are printed in today’s RECORD under leagues know, there are many thorny sissippi (Mr. WICKER). ‘‘Statements on Introduced Bills and issues that still need to be addressed. Further, if present and voting, the Joint Resolutions.’’) Even though the Senate worked out Senator from Texas (Mr. CORNYN) The PRESIDING OFFICER. The Sen- many of its issues, there are still sev- would have voted ‘‘yea.’’ ator from Wisconsin. eral thorny issues that are in the Mr. DURBIN. I announce that the JUDICIAL VACANCIES House bill, such as water, fire, and a Senator from Vermont (Mr. SANDERS) variety of other issues which will take Ms. BALDWIN. Mr. President, the is necessarily absent. American public is well aware that some dialogue and give us an oppor- The PRESIDING OFFICER. Are there tunity to talk. If we can reach a con- there is a vacancy on our U.S. Supreme any other Senators in the Chamber de- Court and, in addition, that there is ob- clusion, great, but if we can’t, I think siring to vote? we have all decided that moving for- struction going on in terms of our path The yeas and nays resulted—yeas 84, to do what the Senate is supposed to ward on the basis of an energy policy nays 3, as follows: we can agree to is a very important do—confirm a President’s nomination [Rollcall Vote No. 125 Leg.] concept for all of us. to the Supreme Court. Because it is the As my colleague from Alaska said, it YEAS—84 Supreme Court, because that term has is time to move forward on an energy Alexander Corker Hirono come to an end and we have seen a Ayotte Cotton Hoeven number of 4-to-4 ties, because of the policy, and I encourage my colleagues Baldwin Crapo Isakson to vote yes on this motion. Let us con- Bennet Daines Johnson consequence and the gravity of what it tinue to work to protect these key pro- Blumenthal Donnelly Kaine is that the Supreme Court does, that visions and move forward so we can get Blunt Durbin King has garnered a lot of attention. It has Booker Enzi Kirk resulted in the calling for the Repub- a bill to the President’s desk. Boozman Ernst Klobuchar CLOTURE MOTION Boxer Feinstein Lankford licans in the Senate to do their job, to The PRESIDING OFFICER. Pursuant Brown Fischer Leahy not obfuscate and declare that they to rule XXII, the Chair lays before the Burr Flake Lee won’t hold hearings or won’t schedule a Cantwell Franken Manchin Senate the pending cloture motion, Capito Gardner Markey vote on President Obama’s nominee, which the clerk will state. Cardin Gillibrand McCain Merrick Garland. As a consequence, The bill clerk read as follows: Carper Grassley McCaskill that vacancy may persist for well over Casey Hatch McConnell LOTURE OTION a year when all is said and done. C M Cassidy Heinrich Menendez We, the undersigned Senators, in accord- Collins Heitkamp Merkley I rise today to draw attention to the ance with the provisions of rule XXII of the Coons Heller Mikulski fact that that is not the only judicial

VerDate Sep 11 2014 05:36 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.034 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4976 CONGRESSIONAL RECORD — SENATE July 12, 2016 vacancy we have here in the United ers Protection Act. This is a little bit mines—can you believe that—take pos- States of America. We currently have of a history class that is going to be session of all of the bituminous coal 83 vacancies in the Federal courts, and rolled into the facts of what we are mines in the United States and nego- 29 of those vacancies have been de- dealing with today. tiate with the unions. So basically he clared judicial emergencies, meaning Our coal miners are some of the hard- stepped in and started negotiating with that the continuing vacancy has est working people in America. Any of the unions, taking over the mines. caused serious problems and concerns, you who come from a family who had Senator ENZI stated that this agree- so they are deemed judicial emer- one as a relative—maybe your grand- ment was made between the members gencies. father, father, uncle—you know those and the companies, not between the Currently, because of the work that patriarchs are tough. They are hard- members and the American taxpayer. has been done by individual Senators, working but extremely patriotic. They In fact, the first line of the Krug-Lewis consulting with the President, and basically dedicated their lives to agreement—this was the agreement what the President has done in terms powering our Nation. We would not be that was signed, the historic document of forwarding nominees to the Senate the Nation we are today if it had not that created the promise of health ben- so that we can exercise our role of ad- been for the miners, who now seem to efits and retirement security for our vice and consent, so we can hold votes have been cast aside and forgotten Nation’s miners. This agreement is be- on confirmations, and because of the about. They powered this Nation. They tween the Secretary of the Interior work of the Senate Judiciary Com- brought us into the Industrial Revolu- acting as Coal Mines Administrator mittee, currently there are 24 judicial tion, if you will, the industrial age, and under the authority of Executive Order nominees on the Executive Calendar. created the middle class and one of the No. 9728, dated May 21, 1946, and the All of them—every one of them—have largest unions, the United Mine Work- United Mine Workers of America. The garnered majority support of the mem- ers of America. Back in the 1930s and title of this agreement says ‘‘Executed bers of the Senate Judiciary Com- 1940s, especially, if you were working at the White House, Washington, D.C., mittee in order to advance to the Exec- in the mines, you were in the United May 29 of 1946.’’ utive Calendar. Every one of them is Mine Workers union. That is just the I ask unanimous consent to have a deserving of a full Senate vote. way things were. But by the end of this copy of this agreement printed in the I rise to draw attention to one par- year, tens of thousands of our miners RECORD, and I will be sending a copy to ticular vacancy; that is, a vacancy on are going to receive notices that they my dear friend. the Seventh Circuit Court. One of Wis- are going to lose their health benefits. There being no objection, the mate- consin’s seats on the Seventh Circuit They are going to lose their health rial was ordered to be printed in the has been vacant for more than 61⁄2 benefits. RECORD, as follows: years. Let me repeat that. It has been I have come to the floor again to an- NATIONAL BITUMINOUS WAGE AGREEMENT vacant for more than 61⁄2 years. Cur- swer the points that were called into EFFECTIVE MAY 29, 1946, DURING THE PERIOD OF rently, and not surprisingly, it is the question by my friend Senator ENZI GOVERNMENT OPERATION OF MINES EXECUTED longest Federal circuit court vacancy from Wyoming. First, Senator ENZI AT THE WHITE HOUSE, WASHINGTON, D.C., MAY in the country. Today marks 2,378 days specifically questioned the promise 29, 1946 that this circuit court seat has been that was made to the miners in 1946. He AGREEMENT vacant. questioned the promise that was made THIS AGREEMENT between the Secretary of The people of Wisconsin and our the Interior, acting as Coal Mines Adminis- neighbors in Illinois and Indiana de- to them in 1946, saying that it was made between the coal companies and trator under the authority of Executive serve a fully functioning appeals court. Order No. 9728 (dated May 21, 1946, 11 F. R. We have a highly qualified nominee the unions, not the Federal Govern- 5593), and the United Mine Workers of Amer- who deserves a vote from this body. ment, so therefore we should not have ica, covers for the period of Government pos- Don Schott was nominated by the an obligation to be involved. He said session the terms and conditions of employ- President on January 12 to fill this there was never an agreement with the ment in respect to all mines in Government Seventh Circuit Court vacancy. He has Federal Government. possession which were as of March 31, 1946, strong bipartisan support. Both Sen- I don’t know how else to say this ex- subject to the National Bituminous Coal Wage Agreement, dated April 11, 1945. ator JOHNSON and I have returned our cept that I believe my good friend was totally misinformed. That is not cor- 1. Provisions of National Bituminous Coal Wage blue slips. Bipartisan majorities of the Agreement Preserved Wisconsin judicial nominating commis- rect, not at all. Now I will give you the facts. This is a lesson. Except as amended and supplemented here- sion have given their support to Don in, this Agreement carries forward and pre- Schott and have voted to advance his In May of 1946, the United States was in the midst of a robust post-World serves the terms and conditions contained in nomination, a bipartisan group of the all joint wage agreements effective April 1, Senate Judiciary Committee voted to War II economic recovery. I mean, ev- 1941, through March 31, 1943, the supple- advance his nomination, and a bipar- erybody was working during the war. mental agreement providing for the six (6) tisan group of former Wisconsin bar We were trying to survive as a nation, day work week, and all the various district presidents support him. Don Schott has trying to defeat tyranny and basically agreements executed between the United the experience, qualifications, and save the world as we know it today. So Mine Workers and the various Coal Associa- temperament to be an outstanding everybody was working. Now the war is tions and Coal Companies (based upon the aforesaid basic agreement) as they existed Federal judge. He was rated unani- over. We were fearing a shutdown of our economy, and somehow we had to on March 31, 1943, and the National Bitu- mously ‘‘well qualified’’ by the Amer- minous Coal Wage Agreement, dated April ican Bar Association. In talking to peo- continue to keep this energy we needed 11, 1945. to keep the country and the economy ple in Wisconsin about this nomina- 2. Mine Safety Program tion, I have heard only tremendous moving. The United Mine Workers were ac- (a) Federal Mine Safety Code praise for Don Schott. As soon as practicable and not later than This nomination deserves a vote. As tively negotiating. They were actively negotiating their contracts the way 30 days from the date of the making of the such, I rise today to urge the majority Agreement, the Director of the Bureau of leader, the Republican leader, to sched- you do in a civil bargaining agreement. Mines after consultation with representa- ule a vote on Don Schott, as well as all You sit down and you work through tives of the United Mine Workers and such of the other judicial nominees who are that. President Harry Truman knew other persons as he deems appropriate, will on the Executive Calendar. The Amer- the vital role the coal industry played issue a reasonable code of standards and ican people deserve a fully functioning in the economic recovery efforts, and rules pertaining to safety conditions and Federal judiciary. he feared a prolonged strike. He issued practices in the mines. The Coal Mines Ad- I yield the floor. an Executive order because he thought ministrator will put this code into effect at The PRESIDING OFFICER. The Sen- a strike would grind our recovery to a the mines. Inspectors of the Federal Bureau of Mines shall make periodic investigations ator from West Virginia. halt. He feared a prolonged strike, and of the mines and report to the Coal Mines MINERS PROTECTION ACT he issued an Executive order directing Administrator any violations of the Federal Mr. MANCHIN. Mr. President, I rise the Secretary of the Interior to take Safety Code. In cases of violation the Coal today in defense of the bipartisan Min- possession of the bituminous coal Mines Administrator will take appropriate

VerDate Sep 11 2014 01:50 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.040 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4977 action which may include disciplining or re- death, or retirement, and (ii) other related study of the hospital and medical facilities, placing the operating manager so that with welfare purposes, as determined by the trust- medical treatment, sanitary, and housing all reasonable dispatch said violation will be ees. Subject to the stated purposes of the conditions in the coal mining areas. The pur- corrected. fund, the trustees shall have full authority pose of this survey will be to determine the From time to time the Director of the Bu- with respect to questions of coverage and eli- character and scope of improvements which reau of Mines may, upon request of the Coal gibility, priorities among classes of benefits, should be made to provide the mine workers Mines Administrator or the United Mine amounts of benefits, methods of providing or of the Nation with medical, housing and san- Workers, review and revise the Federal Mine arranging for provision of benefits, and all itary facilities conforming to recognized Safety Code. related matters. American standards. (b) Mine Safety Committee The Coal Mines Administrator will in- 6. Wages struct the operating managers that the obli- At each mine there shall be a Mine Safety (a) All mine workers, whether employed by gation to make payments to the welfare and Committee selected by the Local Union. The the day, tonnage or footage rate, shall re- retirement fund becomes effective with ref- Mine Safety Committee may inspect any ceive $1.85 per day in addition to that pro- erence to coal produced on and after June 1, mine development or equipment used in pro- vided for in the contract which expired 1946; the first actual payment is to be made ducing coal for the purpose of ascertaining March 31, 1946. on August 15, 1946, covering the period from whether compliance with the Federal Safety (b) Work performed on the sixth consecu- June 1 to July 15; the second payment to be Code exists. The Committee members while tive day is optional, but when performed made on September 15, covering the period engaged in the performance of their duties shall be paid for at time and one-half or rate from July 15 to August 31; and thereafter shall be paid by the Union, but shall be and one-half. payments are to be made on the 15th day of deemed to be acting within the scope of their (c) Holidays, when worked, shall be paid each month covering the preceding month. employment in the mine within the meaning for at time and one-half or rate and one-half. of the Workmen’s Compensation Law of the (b) A Medical and Hospital Fund Holidays shall be computed in arriving at state where such duties are performed. There shall be created a medical and hos- the sixth and seventh day in the week. If the Committee believes conditions found pital fund, to be administered by trustees ap- 7. Vacation Payment endanger the life and bodies of the mine pointed by the President of the United Mine An annual vacation period shall be the rule workers, it shall report its findings and rec- Workers. This fund shall be accumulated of the industry. From Saturday, June 29, ommendations to the management. In those from the wage deductions presently being 1946, to Monday, July 8, 1946, inclusive, shall special instances where the Committee be- made and such as may hereafter be author- be a vacation period during which coal pro- lieves an immediate danger exists and the ized by the Union and its members for med- duction shall cease. Day-men required to Committee recommends that the manage- ical, hospital and related purposes. The work during this period at coke plants and ment remove all mine workers from the un- trustees shall administer this fund to pro- other necessarily continuous operations or safe area, the operating manager or his man- vide, or to arrange for the availability of, on emergency or repair work shall have va- agerial subordinate is required to follow the medical, hospital, and related services for cations of the same duration at other agreed recommendation of the Committee, unless the miners and their dependents. The money periods. and until the Coal Mines Administrator, tak- in this fund shall be used for the indicated All employees with a record of one year’s ing into account the inherently hazardous purposes at the discretion of the trustees of standing (June 1, 1945, to May 31, 1946) shall character of coal mining, determines that the fund; and the trustees shall provide for receive as compensation for the above-men- the authority of the Safety Committee is such regional or local variations and adjust- tioned vacation period the sum of One Hun- being misused and he cancels or modifies ments in wage deductions, benefits and other dred Dollars ($100), with the following excep- that authority. practices, and transfer of funds to local tion: Employees who entered the armed serv- The Safety Committee and the operating unions, as may be necessary and as are in ac- ices and those who returned from the armed manager shall maintain such records con- cordance with agreements made within the services to their jobs during the qualifying cerning inspections, findings, recommenda- framework of the Union’s organization. period shall receive the $100 vacation pay- tions and actions relating to this provision The Coal Mines Administrator agrees ment. of the Agreement as the Coal Mines Adminis- (after the trustees make arrangements satis- All the terms and provisions of district trator may require and shall supply such re- factory to the Coal Mines Administrator) to agreements relating to vacation pay for sick ports as he may request. direct each operating manager to turn over and injured employees are carried forward to 3. Workmen’s Compensation and Occupational to this fund, or to such local unions as the this Agreement and payments are to be made Disease trustees of the fund may direct, all such in the sum as provided herein. wage deductions, beginning with a stated The Coal Mines Administrator undertakes Pro rata payments for the months they are date to be agreed upon by the Administrator to direct each operating manager to provide on the payroll shall be provided for those and the President of the United Mine Work- its employees with the protection and cov- mine workers who are given employment ers: Provided, however, that the United Mine erage of the benefits under Workmen’s Com- during the qualifying period and those who Workers shall first obtain the consent of the pensation and Occupational Disease Laws, leave their employment. affected employees to such turn-over. The whether compulsory or elective, existing in The vacation payment of the 1946 period Coal Mines Administrator will cooperate the states in which the respective employees shall be made on the last pay day occurring fully with the United Mine Workers to the are employed. Refusal of any operating man- in the month of June of that year. ager to carry out this direction shall be end that there may be terminated as rapidly deemed a violation of his duties as operating as may be practicable any existing agree- 8. Settlement of Disputes manager. In the event of such refusal the ments that earmark the expenditure of such Upon petition filed by the United Mine Coal Mines Administrator will take appro- wage deductions, except as the continuation Workers with the Coal Mines Administrator priate action which may include disciplining of such agreements may be approved by the showing that the procedure for the adjust- or replacing the operating manager or shut- trustees of the fund. ment of grievances in any coal producing dis- ting down the mine. Present practices with respect to wage de- trict is inequitable in relation to the gen- 4. Health and Welfare Program ductions and their use for provisions of med- erally prevailing standard of such procedures ical, hospital and related services shall con- in the industry, the Coal Mines Adminis- There is hereby provided a health and wel- tinue until such date or dates as may be trator will direct the operating managers at fare program in broad outline—and it is rec- agreed upon by the Coal Mines Adminis- mines in the district shown to have an in- ognized that many important details remain trator and the President of the United Mine equitable grievance procedure to put into ef- to be filled in—such program to consist of Workers. fect within a reasonable period of time the three parts, as follows: (c) Coordination of the Welfare and Retire- generally prevailing grievance procedure in (a) A Welfare and Retirement Fund ment Fund and the Medical and Hospital the industry. A welfare and retirement fund is hereby Fund 9. Discharge Cases created and there shall be paid into said fund The Coal Mines Administrator will carry by the operating managers 5¢ per ton on The Coal Mines Administrator and the out the provision in agreements which were each ton of coal produced for use or for sale. United Mine Workers agree to use their good in effect on March 31, 1946, between coal This fund shall be managed by three trust- offices to assure that trustees of the two mine operators and the United Mine Workers ees, one appointed by the Coal Mines Admin- funds described above will cooperate in and that cases involving the discharge of employ- istrator, one appointed by the President of coordinate the development of policies and ees for cause shall be disposed of within 5 the United Mine Workers, and the third cho- working agreements necessary for the effec- days. sen by the other two. The fund shall be used tive operation of each fund toward achieving for making payments to miners, and their the result that each fund will, to the max- 10. Fines and Penalties imum degree practicable, operate to com- dependents and survivors, with respect to (i) No fines or penalties shall be imposed un- plement the other. wage loss not otherwise compensated at all less authorized by the Coal Mines Adminis- or adequately under the provisions of Fed- 5. Survey of Medical and Sanitary Facilities trator. In the event that such fines or pen- eral or State law and resulting from sickness The Coal Mines Administrator undertakes alties are imposed by the Coal Mines Admin- (temporary disability), permanent disability, to have made a comprehensive survey and istrator, the funds withheld for that reason

VerDate Sep 11 2014 01:50 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.002 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4978 CONGRESSIONAL RECORD — SENATE July 12, 2016 shall be turned over to the trustees of the firmed that if the UMWA becomes in- a responsibility we have to the United fund provided for in Section 4 (b) hereof, to solvent, the Pension Benefit Guaranty Mine Workers of America and all those be used for the purpose stated therein. Corporation of America will actually people who gave us the greatest coun- 11. Supervisors have to assume billions of dollars in li- try on Earth, gave us the greatest With respect to questions affecting the em- abilities causing negative ripple effects amount of abundant energy—reliable, ployment and bargaining status of foremen, for many more and for the financial in- affordable, and dependable. There is a supervisors, technical and clerical workers solvency of our country. transition going on now, and we are employed in the bituminous mining indus- Passing the Miners Protection Act working through this transition, but try, the Coal Mines Administrator will be guided by the decisions and procedure laid now means covering $3.5 billion in the bottom line is that to walk away down by the National Labor Relations health and pension benefits. If we do from an obligation and a commitment Board. not enact this law, the pension liabil- we made 70 years ago, which helped us 12. Safety ity alone will carry a pricetag of over be the superpower of the world and the Nothing herein shall operate to nullify ex- $6 billion. So, along with my good country we are today, would be a gross isting state statutes, but this Agreement is friend from Wyoming, Senator ENZI, I neglect of our responsibilities and an intended to supplement the aforesaid stat- do care about making prudent deci- injustice to the United Mine Workers utes in the interest of increased mine safety. sions. That is a savings of $2.5 billion if of America, the widows, and the fami- 13. Retroactive Wage Provisions we pass this legislation—$2.5 billion in lies who still depend on this. We have a The wage provisions of this Agreement saving to the taxpayers. responsibility to oblige and make sure shall be retroactive to May 22, 1946. The Miners Protection Act is impor- we take care of them. 14. Effective Date tant to my home State of West Vir- With that, I hope the Chair will help ginia because West Virginia has more me in moving forward on this. We hope This Agreement is effective as of May 29, 1946, subject to approval of appropriate Gov- retired union miners than any other to get a vote in September. We were ernment agencies. State in the Nation. Out of the 90,594 promised a vote in the first part of Sep- Signed at Washington, D.C. on this 29th retired United Mine Workers in the tember, when we come back, and that day of May, 1946. country in 2014, more than 27,000 still is one we are counting on to carry this J. A. KRUG, live in my State. forward. I am hoping we will have our Coal Mines Administrator. I will say this. As to a lot of the dev- colleagues supporting this. JOHN L. LEWIS, astation we have seen with the floods With that, Mr. President, I suggest President, United Mine Workers we have had in West Virginia over the the absence of a quorum. of America. last couple of weeks, it was horrific The PRESIDING OFFICER. The Mr. MANCHIN. I believe the Sec- what happened. Every one of those lit- clerk will call the roll. retary of the Interior and the White tle communities was a coal mining The senior assistant legislative clerk House were representatives of the Fed- community that got hit. So you just proceeded to call the roll. eral Government back in 1946, just as add more tragedy on top of the already Mr. DURBIN. Madam President, I ask they are today. devastating tragedy that we have. unanimous consent that the order for Second, my colleague from Wyoming But the impact is going to be felt in the quorum call be rescinded. stated: I worry about the claim that we every State in the Union, including The PRESIDING OFFICER (Ms. are helping all coal miners with this Wyoming. In fact, the Miners Protec- AYOTTE). Without objection, it is so or- proposal. tion Act will help over 900 health bene- dered. West Virginia coal miners—union ficiaries and over 2,000 pension bene- CLIMATE CHANGE and nonunion—continue to suffer from ficiaries in the State of Wyoming. So I Mr. DURBIN. Madam President, I the devastating effects of the ongoing would just ask: What do my colleague come to the floor today to speak on the coal bankruptcies. who opposes this legislation or any of issue of climate change. Before I do, I Senator, we are willing to help all my colleagues who might not be for would like to read a quote. miners. We truly are. Anybody who has this legislation expect the widows and What is a conservative after all but one been devastated in this downturn, if pensioners to do? First of all, they who conserves, one who is committed to pro- you will, of the industry, but we are fo- have an executive order by the Presi- tecting and holding close the things by cusing this particular effort on the dent of the United States in 1946, over which we live . . . and we want to protect and conserve the land on which we live—our United Mine Workers of America. 70 years ago. On top of that, this pen- They try to make this: Well, you are countryside, our rivers and mountains, our sion plan was solvent and sound until plains and meadows and forests. This is what picking union over nonunion. We are 2008. It wasn’t their fault the crash we leave to our children. And our great not picking union over nonunion. The happened. The greed of Wall Street moral responsibility is to leave it to them ei- agreement was made with the UMWA took down so many pension plans. ther as we found it or better than we found because everybody working in the Most of these widows are making $550 it. mines during that period of time be- a month. That is their pension—$550 a These are the words of President longed to the UMWA. So we have to month. So we are not talking about Ronald Reagan, and I agree with those protect that promise that was made in large amounts of money, but if they words. Climate change is one of the that Executive order that was signed lose that, it means the difference of greatest threats to our planet Earth. and made 70 years ago. So I invite the whether they do certain things out of When I look at my beautiful grandkids, Presiding Officer and all of my col- necessity. What do they give up? How I feel a moral responsibility to leave leagues to help us find a way to move do you explain to them that a 70-year- this world as well as I found it or even forward and help put this to rest. old commitment is now going to go un- better. Also, Senator ENZI stated he wants answered? We didn’t care. We didn’t We can’t continue to ignore the prob- America to remain financially solvent. mean it. lem of climate change. How will future Well, there is no one who wants that It is our responsibility to keep the generations judge us if we deny the re- more than I do. I understand that if promise to our miners who answered ality of climate change and say that it you can’t get your financial house in the call whenever their country needed is just too hard to do something that order you can’t do anything else. them. So I ask Senator ENZI and all my might leave them a safer, cleaner, bet- In fact, let me tell you what happens colleagues to work with me to keep our ter world? I don’t think they will look if we do not pass the Miners Protection promise to these miners. Let us sit on us kindly. Future generations actu- Act. The Pension Benefit Guaranty down and work together and make sure ally count on us. Corporation, which we have in place, we all agree on the facts. Climate change is no longer debat- will shoulder the burden of the out- I have always said this, and it has able. The facts are in. Climate change standing liabilities. In a January letter been said to me many times, we are all is real, and it is not some distant to Congressman MCKINLEY from West entitled to our opinions. We are just threat. From Hurricane Katrina to Virginia, one of my colleagues on the not entitled to our own facts. So the Superstorm Sandy, from severe flood- other side, the Director of the Pension facts are very clear here. This is not ing on the Mississippi River in 2011 in Benefit Guaranty Corporation con- only a promise, it is a commitment and Illinois to the historic low water levels

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.003 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4979 just 1 year later and to the devastating A 1998 American Petroleum Institute, mate that, in total, candidates, polit- drought and wildfires that are searing or API, memo has become public. I just ical parties, and interest groups, in- the West Coast, extreme weather is the read it on my computer upstairs. At cluding those funded by companies new normal. the time, the American Petroleum In- such as ExxonMobil, may spend up to So why are there still so many in the stitute consisted of a dozen lobbyists, $10 billion on Federal campaigns in Chamber who deny the threat of cli- think tank members, and public rela- 2016—$10 billion. mate change, not to mention failing to tions gurus. Science wasn’t on their A poll conducted by the New York do anything to solve the problem? I side in 1998, so the group decided that Times last year found that 84 percent have said on the floor before, and I will misleading the public about the reality of Americans believe money has too say again, that there is only one major of climate change—sowing seeds of much influence in American political political party in the world today that doubt about whether there was really campaigns. They are right. Our cam- denies climate change, only one—the climate change underway—was the paign finance system is a mess. Amer- Republican Party of the United States best way to go. The 1998 API memo ica needs a system to elect its can- of America. claimed that ‘‘victory,’’ in their words, didates that rewards those with good Well, part of the reason is because for would be achieved when ‘‘uncertain- ideas and principles, not just the per- decades the fossil fuel industry and ties’’ about the science became part of son who is the most talented in raising those who cater to them have tried to the public’s perception. money. blur this debate, to blur the science, to In the year 2000, influential Repub- I reintroduced a bill last year called create divisions among us, instead of lican pollster Frank Luntz prepared a the Fair Elections Now Act. This legis- looking for what we have in common to playbook for those who wanted to cre- lation would establish a voluntary, try to solve this problem rationally ate doubt in the public’s mind about small-donor public financing system and reasonably. climate change. Mr. Luntz wrote: for Senate campaigns. We would finally Make no mistake, there is a delib- break the back of Big Money’s control erate campaign, financed by the fossil Should the public come to believe that the scientific issues are settled, their views over the American political system. fuel industry—a campaign that uses about global warming will change accord- The Fair Elections Now Act can’t solve the pseudoscience of manufactured ingly. Therefore, you need to continue to all the problems facing us, but the bill doubt. It is coordinated. I have seen make the lack of scientific certainty a pri- would allow us to fight back against the likes of it before. mary issue in the debate. deep-pocketed special interests by dra- In 2006, the major tobacco companies So what is taking place right now in the United States were found guilty matically changing the way campaigns with the effort of the fossil fuel indus- are funded, encouraging small donors of ‘‘a massive 50-year scheme to de- try is a deliberate campaign to mislead fraud the public.’’ Decades before, to- and matches for those small donations. the American public. As we grapple with important issues bacco company research had already Sadly, this web of denial that started shown that tobacco was truly harmful like climate change, we have to recog- in 1998 is alive and well today. Just last nize the influence of money in our po- and addictive. Instead of letting year, at an ExxonMobil-sponsored science and the moral imperative be- litical system and why one major polit- meeting of the notorious American ical party in the world today still de- hind it promote public health, the com- Legislative Exchange Council, the panies launched an extensive campaign nies climate change. Until we embrace president of the Heartland Institute campaign finance reform and ensure sowing seeds of doubt about the dan- stated: gers of tobacco. that politicians do not feel beholden to I know about this firsthand. I was a There is no scientific consensus on the special interests like the oil and gas in- human role in climate change. There is no Member of the House of Representa- dustry, climate-denying politicians need to reduce carbon dioxide emissions and will continue to prevent us from taking tives about 27 years ago. I introduced a no point in attempting to do so. bill to ban smoking on airplanes. It action. This quote is in direct opposition to was opposed by the tobacco lobby, and It is unconscionable that some very Earth scientists in one of the world’s the leadership in both political par- powerful people put their profits ahead most highly respected Earth science ties—Democratic and Republican elect- of the future of the planet we live on, organizations—the American Geo- ed leaders in the House of Representa- but we know it is true. If we don’t act physical Union, or AGU. tives—opposed me. We called it for a on climate change, there is no backup This spring, a group of 254 Earth sci- vote, and to the amazement of every- plan. entists cited these lies in a letter as one, it passed. It turns out Members of Let me end on a hopeful note. When Congress are the largest frequent flyer one of the many reasons why the Pope Francis came to Washington, DC, club in the world, and they knew how American Geophysical Union should last September, he called for action on outrageous it was to suggest there decline to accept ExxonMobil’s finan- addressing climate change and global were smoking and nonsmoking sections cial sponsorship of their group. The warming. The Pope said: on an airplane. Earth scientists also made clear that All is not lost. Human beings, while capa- I led that initiative to ban smoking ExxonMobil distributed scientifically ble of the worst, are also capable of rising on airplanes, and I was joined by the false and misleading information, are above themselves, choosing again what is late Senator Frank Lautenberg who members in or financially support good, and making a new start. took up the cause in the Senate, and 26 other climate-denying organizations, Pope Francis is right. Let’s not run years ago we banned smoking. It made and donated to climate-denying politi- away from our responsibility in the a difference. We had to fight the to- cians and past misinformation cam- Senate or in life to our children and bacco lobby all the way. They denied paigns. our grandchildren. Let’s work toward that nicotine was addictive. They de- ExxonMobil is not alone in spending solving the real challenges of climate nied there was a linkage between to- money to influence elections and affect change with both political parties. It is bacco and cancer. They created a pseu- environmental policy. The oil and gas not too late to make a new start, to do doscience. They paid scientists to come industry pours millions of dollars into the right thing, and to protect this up with theories that said tobacco real- election campaigns every year. In the planet that we call home. ly wasn’t that dangerous. 2012 election cycle, energy and natural Madam President, I yield the floor. Well, sadly, we are seeing that same resource corporations, their employees, The PRESIDING OFFICER. The Sen- thing today when it comes to climate and industry super PACs spent more ator from Iowa. change. Just as the tobacco industry than $147 million to make sure the Mr. GRASSLEY. Madam President, created a campaign of manufactured right people were elected in congres- we all want safety, security, health and doubt to protect their financial inter- sional seats, in Senate seats, and in the well-being for all of our fellow Ameri- ests and profits, a web of fossil fuel in- Presidential campaign. During the cur- cans. But it sometimes seems impos- dustry groups, aided and abetted by rent election cycle, they have already sible for us to agree on how best to one of the very groups that resisted spent more than $101 million, and they achieve them. So when Congress comes anti-smoking laws, are behind this web will likely contribute millions more in together to find solutions to an urgent of climate denial. the 4 months remaining. Experts esti- crisis facing the country, we should

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.043 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4980 CONGRESSIONAL RECORD — SENATE July 12, 2016 pause briefly, mark that achievement, countability provisions, which help other illegal narcotics into the United and consider how we got there. prevent waste, fraud, and abuse of States. That is what I hope will happen this grant funds, and ensure that resources There are other parts of CARA that I week when the Senate votes on the go to those who need them most. feel passionately about as well. Many conference report for S. 524, the Com- I also helped make sure that a fixed people who abuse prescription drugs prehensive Addiction and Recovery portion of the funds for first responder get them from friends or relatives. Act, or CARA. access to naloxone is set aside for rural CARA authorizes an expansion of the CARA addresses the opioid crisis in a areas, like much of Iowa, where access Federal initiative that allows patients comprehensive way, by authorizing al- to emergency healthcare can be lim- to safely dispose of old or unused medi- most $900 million over 5 years for pre- ited. cations, so that these drugs don’t fall vention, education, treatment, recov- And finally, because methamphet- into the hands of young people, poten- ery, and law enforcement efforts. Last amine remains such a problem in Iowa, tially leading to addiction. I am proud week, the House of Representatives I made sure that the community-based to have helped start these ‘‘take back’’ passed the report by an astounding coalition enhancement grants created programs by working with Senators margin of 407 to 5. by the bill would also be available for KLOBUCHAR and CORNYN in 2010 to pass We have all heard the statistics communities suffering from high rates the Secure and Responsible Drug Dis- about the epidemic of addiction to her- of meth abuse, in addition to opioid posal Act. It has been a highly success- oin and prescription opioids that is abuse. In fact, these enhancement ful effort. Since 2010, over 2,700 tons of gripping our country. I won’t belabor grants are intended to supplement drugs have been collected from medi- them today. When 129 Americans a day grants made to community coalitions cine cabinets and disposed of safely. die from drug overdoses, we don’t need under the Drug Free Communities Act Iowa also has a similar ‘‘take back’’ statistics on a page to tell us about of 1997. I am proud to have been the program that is expanding rapidly. this catastrophe. We only need to lis- lead sponsor of that legislation in the Anything we can to do to encourage ten to our constituents. I hear from Senate. these programs is worthwhile. Iowans all the time about real-life ex- The CARA Grassley substitute, with CARA also authorizes funds for other amples of how this epidemic is hitting these changes, passed the Judiciary valuable programs: those that encour- home. Committee unanimously by voice vote age the use of medication assisted A few years ago, I heard the story of in February. I then managed the bill on treatment, provide community-based Kim Brown, a nurse from Davenport. In the Senate floor, where it was approved support for those in recovery, and ad- 2011, she lost her son Andy Lamp to an 94 to-1 in March. Tackling important dress the unique needs of pregnant and accidental heroin overdose. He was problems in a bipartisan way is impor- post-partum women who are addicted only 33. She now speaks out around my tant to me. That is why, as Chairman to opioids. State about the need for expanded of the Judiciary Committee, I have It is no wonder that the CARA con- treatment options for those with sub- moved eight bills through the Com- ference report has been met with such stance abuse disorders. She also advo- mittee, CARA among them, for which widespread praise and support. The Ad- cates for increased access to naloxone, the lead sponsor was a member of the diction Policy Forum called it a ‘‘mon- an anti-overdose drug that can save Democratic minority. By way of com- umental step forward.’’ Almost 250 ad- lives. parison, last Congress the Committee vocacy organizations have written to I heard Kim Brown’s plea—and the didn’t report a single bill for which the Congress in support of the report, con- conference report helps fill these and lead sponsor was a Republican in the cluding that ‘‘this bill is the critical other critical gaps. I urge the entire minority. And every one of the 27 bills response we need.’’ These organizations Senate to demonstrate that it has I have moved through the Committee include many influential national ones, heard her, and thousands like her, by this Congress has had bipartisan sup- such as the Community Anti-Drug Coa- passing the conference report, and port. That isn’t just talking the talk litions of America, the National Crimi- sending it to the President for his sig- on bipartisanship, it is walking the nal Justice Association, and the Na- nature before we return home. walk. tional District Attorneys Association. The Senate’s vote this week will be After the Senate acted on CARA, the Iowa community organizations are the culmination of a process marked by House of Representatives passed its well-represented in that group as well, hard work, bipartisanship, and a com- own package of bills by a vote of 400 to including the Partnership for a Drug mitment to addressing this crisis in an 5 in May. And so the task fell to a bi- Free Iowa, Kossuth Connections, all-encompassing way. cameral, bipartisan committee to de- Siouxland Cares, the Iowa Alliance for I convened a hearing on attacking velop a conference report that would Drug Endangered Children, Community the opioid epidemic in the Senate Judi- blend the best of the two approaches Resources United to Stop Heroin of ciary Committee in January. The Com- together. I led the Senate delegation Eastern Iowa—Dubuque Chapter, Quad mittee heard from Federal and State that negotiated the report, along with Cities Harm Reduction, which Kim officials in the law enforcement and Senator ALEXANDER, Chairman of the Brown leads, and many more. public health communities. We also Committee on Health, Education, The National Fraternal Order of Po- heard from a courageous young woman Labor and Pensions. We concluded lice wrote in support of the conference who lost her daughter to a heroin over- weeks of hard work and negotiations report as well. The FOP explained that: dose and subsequently started a sup- with a conference committee meeting Law enforcement officers are almost al- port group to assist those in recovery. on July 6. I voted for a number of im- ways the first on the scene—even before the The hearing continued for well over 3 provements to the report during the paramedics arrive. In these life and death three hours. Senators who aren’t even meeting, offered by both Republicans situations, our officers are not looking to members of the Committee stopped in and Democrats. make an arrest, but to save a life. Many to listen, and learn. By that time, a bi- In particular, I was proud to support States and jurisdictions have successfully equipped their officers with [naloxone], partisan group of four Senators had al- Senator MURRAY’s amendment that trained them to recognize the symptoms of ready introduced CARA. Soon after the will create an Office of Patient Advo- an overdose, and administer it on the scene. hearing, I sat down with Senators cacy at the Department of Veterans Af- We believe that the final conference report WHITEHOUSE, PORTMAN, KLOBUCHAR, fairs to help ensure our veterans re- on S. 524 will help expand the use of naloxone and AYOTTE—two Democrats and two ceive the care they deserve. and give us one more tool to reduce the Republicans—to build on their out- I am also pleased that the CARA con- deaths from this epidemic. standing work. The leadership of those ference report includes a bill that I in- It isn’t every day we can say that four Senators on this issue has been in- troduced with Senator KLOBUCHAR, the legislation we pass could help save dispensable. Kingpin Designation Improvement Act. lives. But this is one of those times. I We agreed on some changes to CARA This bill strengthens the ability of the want to thank the Republican leader that facilitated its movement through Federal Government to freeze the as- for moving this legislation on the floor, the Judiciary Committee. In par- sets of foreign drug kingpins, who traf- and providing the Senate the oppor- ticular, I worked to include my ac- fic opioids, methamphetamine and tunity to pass it this week.

VerDate Sep 11 2014 05:36 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.004 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4981 Indeed, heroin deaths spiked dra- every day to keep our families and our injustices undermine the very values matically from 2010 through 2014, more communities safe. This is a fact we can our Nation was built upon. It is the re- than tripling, from 3,036 to 10,574. But never forget and a reality that con- sponsibility of each and every one of us sadly, during this entire time, the fronts public safety officers and their to acknowledge that too many Ameri- Democratic leader didn’t make it a pri- families every day. cans are needlessly dying, and we must ority to move comprehensive, bipar- Across Michigan, our hearts have come together to stop them. tisan legislation on the floor to address been shattered by senseless violence More now than ever, it is time for us this epidemic. like this, and I know the grief of my to unite as a country to encourage un- Now, some of my colleagues have ex- fellow Michiganders because I feel this derstanding and compassion for our fel- pressed concern that the conference re- grief in my own heart as well. Unfortu- low Americans. Now is the time for us port, an authorization bill, doesn’t also nately, this is not the first tragedy to to walk in another’s shoes and ac- appropriate money for this epidemic as strike West Michigan this year. We are knowledge the experiences that have well. But thankfully, under Republican still reeling from the mass shooting in shaped their views. Now is the time for leadership, the appropriations commit- Kalamazoo in February, where six peo- this body to come together to offer so- tees have been doing just that. The ple were killed and two were critically lutions. The American people need us. current Senate appropriations bills in- injured. It is crystal clear that the relation- crease funding for this epidemic by 57 We are facing a very difficult time in ship between law enforcement and the percent over fiscal year 2016 enacted our country’s history. Last week’s communities they serve is strained, levels, and by 115 percent over fiscal tragedies further demonstrate this and an overhaul of our criminal justice year 2015 enacted levels. So funding for point. Within just 48 hours, we saw two system is long overdue. On top of these this crisis is poised to more than dou- separate incidents where American strained relations, we are continuing ble since Republicans took control of citizens died at the hands of those who to see rising prison populations and the Senate. As this funding continues were sworn to protect them. Then, unsustainable costs as public budgets to increase, the CARA conference re- what started out as a peaceful protest remain tight. port will be the blueprint for where in response to those deaths, suddenly We see too many at-risk youths being this money is most effectively spent. morphed into an unrelated and horrific funneled out of our schools and into This bill is just the latest example of attack on law enforcement—an attack our prison systems, continuing a vi- the productive, bipartisan work we on officers who died to protect the cious cycle in many of our commu- have been doing on the Judiciary Com- rights of protesters to peacefully pro- nities. We see too many people who mittee this Congress. I want to thank test. have served their time only to find all of the Members for their hard work Let me be clear. Something is wrong that once they get out of prison, they and for our achievements together. when a hard-working and beloved cafe- can’t find a good job or a stable home. So I urge my colleagues to vote to teria supervisor is killed during a rou- We need a better understanding of send CARA to the President this week. tine traffic stop. Something is wrong the causes of these concerning trends, And when we come back in September, when police officers, honorably serving and we need to identify solutions that let’s roll up our sleeves and continue to and protecting their communities, are will help ensure we are administering build on this bipartisan success. killed during a peaceful protest. Some- justice in a fair and equitable way for I yield the floor. thing is wrong when a salesman and a every American—regardless of who The PRESIDING OFFICER. The Sen- father of four dies while selling CDs. they are, where they may live, or their ator from Michigan. Something is wrong when a police offi- income level. That is why I have intro- TRAGEDIES IN MICHIGAN AND ACROSS THE cer is ambushed and shot while re- duced legislation with Republican Sen- COUNTRY sponding to a 911 call for help. Too ators LINDSEY GRAHAM of South Caro- Mr. PETERS. Madam President, I many precious lives are being lost, not lina and JOHN CORNYN of Texas to cre- rise with a heavy heart to address dev- just in Michigan but in States all ate a National Criminal Justice Com- astating tragedies that have shaken across our country. mission. The Commission will be made communities in Michigan and across I was heartbroken by the tragic up of experts on law enforcement, vic- this country. Just yesterday, the com- shooting deaths of Philando Castile in tims’ rights, civil liberties, and social munity of St. Joseph, MI, suffered a Minnesota and Alton Sterling in Lou- services who will be charged with un- tragic shooting that cost the lives of isiana last week, only to wake up hor- dertaking an 18-month review of our two dedicated public servants and in- rified on Friday morning to learn of criminal justice system from the top to jured several others. five Dallas police officers, including the bottom. It is something that has I would like to extend my condo- Michigan native Michael Krol, who not been done since 1965—more than 50 lences to the families of bailiffs Joseph were struck down in the line of duty. years ago during another very difficult Zangaro and Ronald Kienzle, who were We have seen enough violence. Across time in our Nation’s history. fatally shot yesterday in Berrien Coun- our countries, our communities are The goal of this Commission is to ty, MI. Both Joseph and Ronald had outraged and heartbroken at the num- identify commonsense solutions to the distinguished careers as public safety ber of lives which have been lost. While serious issues facing our criminal jus- officers prior to serving as bailiffs in the events of last week are almost too tice system, promote fairness in our the Berrien County Courthouse. much to bear, the images from commu- laws, build stronger relationships be- Joseph Zangaro retired from the nities like Chicago, Staten Island, Fer- tween law enforcement and our com- Michigan State Police as post com- guson, and Baltimore have gripped this munities, and strengthen faith—basic mander of the Bridgman Post and had Nation’s attention as well. faith—in our criminal justice system. worked for the Berrien County Trial We have seen tears of sadness, burn- The Commission will focus on trans- Court for over 10 years. ing storefronts, and confrontations be- parency, issuing recommendations to Ronald Kienzle retired as a sergeant tween police and young people, as well the President and Congress, and mak- in road patrol with the Benton Charter as peaceful protesters marching ing reports on its findings available to Police Department in Benton Harbor, through the streets. It is clear there is the public and entities within the MI, and was a veteran of the U.S. a persistent and troubling problem in criminal justice system. It will take a Army. our country that is eroding away comprehensive approach to reviewing I also want to wish Deputy James Americans’ faith in our justice system. the criminal justice system and will Atterbury and Kenya Ellis a speedy re- With each troubling incident, it be- look at numerous issues in light of our covery for the wounds they received comes clear that justice in this coun- current climate. during this attack. try is sometimes neither fair nor equal, When President Lyndon Johnson’s Yesterday’s incident illustrates a and we must act now to address this in- 1965 Commission last conducted a com- very important fact. Whether as a equity. prehensive review over 50 years ago, it member of a local police department, a This problem isn’t isolated to our Af- was the first time police, prosecution, rapid transit officer, or a court bailiff, rican-American communities or to our defense, the courts and corrections public safety officers risk their lives law enforcement communities. These were all examined as a whole. That

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.005 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4982 CONGRESSIONAL RECORD — SENATE July 12, 2016 Commission made more than 200 rec- and misinformation campaign on the media, which has played an unfortu- ommendations to improve the criminal subject of climate change. It is straight nate role. justice system, including creating the out of a bad movie about politics, com- Generally speaking, people in the 9–1-1 emergency system that is so in- plete with PR guys, dark campaign U.S. media like to get ‘‘both sides of grained in our society today. money, fake scientists, politicians in the story’’ just to be fair, which under Our country has changed signifi- the mix, and a weakened media. It is many circumstances works just fine. cantly over the last 50 years, and an- like Raymond Tusk actually exists. After all, the definition of a bad story other top-to-bottom review of our I rise today to join my colleagues in in a lot of reporters’ minds is to be one- criminal justice system is long over- combating a pervasive and highly dam- sided. What happens when one side of due. In fact, the President’s Task Force aging campaign of misinformation, the story is factual and the other side on 21st Century Policing, which was disinformation, and outright lies. For is a house of cards? Many in the media created after the troubling situation in decades, the same hired guns that tried still report it as though, on the one Ferguson, strongly recommended the to convince the American people that hand, scientists say climate change is creation of a national commission to there was no link between smoking and real, and on the other hand, some say evaluate the entire criminal justice lung cancer have been following the it is not. To be fair, this has improved system. same playbook on manmade climate over the last year or so, but that was The National Criminal Justice Com- change. They want to sow doubt where the foundational weakness of the mission that my legislation creates no doubt exists. Just like the tobacco American media—their credulity when will shine a light on the whole scope of companies profited from denial, so too reporting on deniers—that the climate our criminal justice system, including have the fossil fuel companies profited denial apparatus took full advantage police and community relations, our by propping up front groups and sham of. grand jury system, the right to counsel think tanks that try to convince us There are not two sides to every in misdemeanor cases, the lack of that the science on climate change issue. Sometimes there are just facts speedy trials, and the struggles ex-of- isn’t settled and that no consensus ex- on one side and bull on the other. We fenders face in finding housing, em- ists between mainstream scientists, don’t argue about the existence of ployment, and support services after but of course that is not true. gravity or whether the Earth is round leaving prison. The American Association for the or, thankfully, whether smoking This Commission is one critical piece Advancement of Science said: causes lung cancer. We have known of a larger puzzle. We must also take The science linking human activities to since the 19th century that carbon di- swift action on our justice system, climate change is analogous to the science oxide traps heat much like a green- such as sentencing reform. The Com- linking smoking to lung and cardiovascular house. We know that burning fossil mission also has the support of a wide diseases. Physicians, cardiovascular sci- fuels releases stored carbon into the at- range of groups, including the Fra- entists, public health experts, and others all mosphere. We have seen the evidence of ternal Order of Police, the NAACP, the agree that smoking causes cancer, and this consensus among the health community has increasing temperatures and rising sea International Association of Chiefs of convinced most Americans that the health levels for decades. The correlation be- Police, the National Urban League, and risks from smoking are real. A similar con- tween levels of carbon dioxide in the many other law enforcement and civil sensus now exists among climate scientists, atmosphere and global temperatures is rights groups. a consensus that maintains climate change absolutely undeniable. To deny the re- The National Criminal Justice Com- is happening and human activity is the mission is vital to understanding the cause. ality of manmade climate change in reforms and best practices that we It is worth pausing here to make two this context requires willful ignorance. need to reduce crime, help law enforce- basic points. The first is one I men- How is this happening? Academics ment do their jobs safely and effec- tioned earlier, and that is that the from Yale and Drexel Universities, tively, protect our communities, and same techniques which were used to among others, have researched and ex- build a justice system that works for block science and prevent action on to- posed the many sources of dark money every American. These problems are bacco are now being deployed to pre- that are fueling the climate denial ma- not easy, and there are no quick an- vent action on climate. That stands to chine. My colleagues are speaking swers. It is going to require all of us reason. If you are looking for public re- today—and spoke yesterday as well— working together to make these vital lations techniques to essentially mis- about some of the greatest offenders, changes a reality, but together we can lead the public so you can squeeze addi- and I will focus my remarks on just achieve the promise of this great coun- tional years and decades of profit- two. One is a small organization that try—justice for every American, no ability, then you would be wise to use most people haven’t heard of, and an- matter who you are, where you live, or the techniques, methods, and proce- other is an organization that I think a how much money you may have in dures that worked in the past, so that lot of people who work in politics have your pocket. sort of stands to reason. It shocks the heard of. The first is the Center for I yield the floor. conscience, but it shouldn’t shock us Study of Carbon Dioxide and Global The PRESIDING OFFICER. The Sen- that this is happening. The really Change, and the other is the Heartland ator from Hawaii. shocking part is this. Of course they Institute. CLIMATE CHANGE would use the same techniques to mis- The Center for Study of Carbon Diox- Mr. SCHATZ. Madam President, I lead the public regardless of the issue, ide and Global Change is a family hate conspiracy theories. I believe but the real shock is that it is literally project out of Tempe, AZ, that claims most of the suspicious, confusing, frus- the same people. It is not the same that global warming will be beneficial trating, or unknowable things in the type of person or the same category of to humanity. The center does not dis- world are the way they are not because person, it is the same human beings close funding information because they there are 12 people in a room wringing and the same professionals. They are believe doing so would bias the way their hands trying to figure out how to the same PR firms, and they have rep- people perceive their purpose and pub- trick all of us but because the world is licated the machinery of the Tobacco lications, and that may be the only complicated, often unfair, sometimes Institute, sharing processes, proce- thing they say that is true. illogical, and we all operate with in- dures, personnel, and funding sources. Transparency is crucial in the world complete information. So even as a cli- But just as we did against Big Tobacco, of science because it allows the sci- mate hawk, I came to the idea of an or- we are going to win the war of ideas entific community and the general ganized misinformation campaign with against Big Oil and Big Coal. public to determine whether there real hesitation. I didn’t want to be that The truth is on our side, but the might be a conflict of interest. In this guy who believes there is an evil em- truth is not guaranteed to come out. instance, there is a conflict of interest. pire that lies for a living. But here is We actually have to expose their eco- We know that at the very least, the thing: I have studied this, and I system of misinformation to make real ExxonMobil and Peabody coal have have learned that there really is an or- progress on climate, and so for a mo- given significant sums of money to the ganized, well-financed disinformation ment I will talk a little bit about the center. When two companies with a

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.050 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4983 long history of climate denial are pay- tial threat to our planet and to future If you go to the Heritage Foundation ing you to deny the scientific con- generations. By denying climate web site, you will find that it says that sensus on climate change, it is fair to science and lobbying against efforts to climate change is ‘‘used too often as a point out that something smells a lit- address climate change, these deniers vehicle to advance special interests tle fishy. are subjecting the planet and every- and politically driven agendas.’’ That Better known than the Center for body on it to great risk. is rich, coming from an ideological or- Study of Carbon Dioxide and Global Climate change will have significant ganization devoted to promoting a par- Change is the Heartland Institute, adverse impacts on all of our States, tisan agenda. No one can deny that. which gained national attention after including my State of Minnesota. Just The Heritage Foundation is noto- putting up a billboard comparing those look at our agriculture sector, which is rious for trying to undermine the who believed in manmade global warm- responsible for one out of every five science on climate change. Their favor- ing to the Unabomber, Ted Kaczynski. jobs in Minnesota. Warmer tempera- ite claim is that ‘‘the only consensus This tasteless stunt rightfully cost tures and more intensive droughts are over the threat of climate change that Heartland $825,000 in corporate dona- going to negatively impact this impor- seems to exist these days is that there tions, but Heartland still receives mil- tant rural economic engine. In fact, a is no consensus.’’ lions of dollars a year from fossil fuel recent study estimates that with no Even as recently as April, a report companies and others with a vested in- adaptation efforts against climate that the Heritage Foundation issued terest in continuing the status quo. change, Midwest crop production could referred to climate scientists as ‘‘a They still have an outsize impact in decrease by more than 60 percent by field that is a mere few decades old’’ the national conversation by insinu- the end of the century. and that ‘‘no overwhelming consensus ating that the science on climate Climate change will also impact our exists among climatologists.’’ change is not settled. waters, and that is important to my While these statements may grab Not surprisingly, Heartland follows State—the Land of 10,000 Lakes—which headlines, they are utterly false. the tobacco playbook to a T. Their reli- includes Lake Superior. Lake Superior Climate change science actually dates back to the 1800s—before Henry ance on dark money means that alone contains about 10 percent of the Ford sold his first car, before Thomas Heartland’s funding is notoriously dif- world’s fresh surface water, and it is Edison invented the light bulb, and ficult to track. According to the warming by two degrees per decade. even before the first oil well was watchdog group Conservative Trans- Because of this warming, we are seeing drilled in the United States. In 1824, parency, Heartland has received more more evaporation and lower water lev- French scientist Joseph Fourier pro- than $14 million from the Koch-initi- els in the lake. Plus, rising tempera- posed that the atmosphere keeps the ated Donors Trust and Donors Capital tures allow for more favorable condi- Earth warm—what we know today as groups, which shield donors’ identities. tions for invasive species and haz- the greenhouse effect. We know that ExxonMobil has contrib- ardous algal blooms. Warmer tempera- In 1859, an Irish scientist, John Tyn- uted at least $675,000 since 1998, and the tures could also have severe con- dall, attributed this warming to sev- Union of Concerned Scientists found sequences for fish like walleye pike and eral gases, including carbon dioxide. In that 40 percent of those funds were spe- trout that are so important to Min- 1896, a Swedish scientist, Svante cifically designated for climate change nesota fisheries and ecosystems. Arrhenius published the first calcula- projects. The money from these organi- And let’s not forget the threat of cli- tion of global warming from human zations, among others, allowed Heart- mate change to our forests. As in our emissions of carbon dioxide. In the land to publish nearly 3,000 documents lakes, warmer temperatures elevate more than 100 years since, scientists all toward climate change skepticism be- the threat of invasive species such as around the world have studied, de- tween 1998 and 2013. Heartland also or- the emerald ash borer and gypsy moth bated, and researched different aspects ganizes gatherings of climate skeptics that are rapidly changing the composi- of the issue. and defends fossil fuel funding experts tion of our forests—or the bark beetle So when staff from the Heritage who continue to deny the reality of the in Colorado, the State the Presiding Foundation, none of whom actually changing climate we are already seeing Officer represents. They destroy trees have advanced scientific degrees, write today. We have seen this movie before. and cost economies and money and a report that claims climate science is What is happening this week is his- jobs. a new field that has little scientific toric. We are no longer going to allow So we can see that climate change consensus, they are ignoring the nearly these front groups to pose as on-the- poses a very serious threat to Min- 200 years of research—a scientific body level think tanks. We have a moral ob- nesota and to our country. I believe it of research that has led to 97 percent of ligation to not only solve this problem is the defining issue of our genera- climate scientists agreeing that hu- but to also fix our politics. We should tion—an issue that demands immediate mans are causing global warming. all be making decisions about how best action. But, unfortunately, there are But every now and then, even the to solve this problem. some groups that have been trying to Heritage Foundation admits that cli- Let’s have this great debate. Let the prevent action. These groups have mate change is in fact real. But when two major political parties have an ar- spent many millions of dollars mud- they admit it, they pretend that cli- gument about the best way to tackle dying the water, distorting the science, mate change isn’t a big deal and that it climate change because this isn’t just a deceiving the American people, and, ul- is not worth our time to combat it. In climate thing at this point, this is an timately, delaying the response that 2010, a senior policy analyst at the Her- integrity thing. we desperately need. itage Foundation—with a degree in With that, I yield the floor. Over the last two days, my col- law, not climate science, mind you— The PRESIDING OFFICER. The Sen- leagues have come to the floor to ex- declared that ‘‘none of the scary stuff ator from Colorado. pose this web of denial—the extensive about global warming is true, and what (The remarks of Mr. GARDNER per- network of groups and individuals who is true about global warming, what the taining to the submission of S. Res. 526 are spreading lies about climate science actually tells us about man’s are printed in today’s RECORD under change—and I am here today to expose role in changing the climate, is far ‘‘Submitted Resolutions.’’) one of the worst actors of all: the Her- from terrifying.’’ The PRESIDING OFFICER (Mr. itage Foundation. Now all of this science denial and GARDNER). The Senator from Min- The Heritage Foundation is a right- false propaganda might not be such a nesota. wing ideological organization known big deal if climate change wasn’t such CLIMATE CHANGE for advocating for discriminatory so- a serious problem, but when you look Mr. FRANKEN. Mr. President, I rise cial and economic policy—things like at the scope of the problem you quick- today to join my colleagues to expose attacking voting rights, privatizing So- ly realize how the Heritage Foundation those who continue to deny the science cial Security, and favoring tax breaks is acting in an incredibly and delib- of climate change and try to deceive for the rich to the detriment of the erately irresponsible way. the American people. This is important middle class. They are also a mouth- Last year, I traveled to the climate because climate change is an existen- piece for climate denial. change conference in Paris and met

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.052 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4984 CONGRESSIONAL RECORD — SENATE July 12, 2016 with a delegation of leaders from Ban- hoods. That is what they do at the Her- I have two grandchildren, and I am gladesh, a country that has contrib- itage Foundation for a living. expecting my third later this year. God uted little to industrial air pollution The money paid to Heritage goes to willing, they will live through this cen- but is one of the most vulnerable to the supposed experts whose jobs are to re- tury and into the next, and in 50 years negative impacts of climate change. It lease thousands of bogus reports about I don’t want my grandson Joe to turn is estimated that unless we act, rising climate change. These experts are not to me and say: Grandpa, you were in sea levels will inundate 17 percent of climate scientists. They are lawyers the Senate, and you knew about the se- Bangladesh, displacing about 18 million and economists serving as puppets for verity of climate change. Why didn’t people in this low-lying nation by the the fossil fuel industry. These same so- you do anything to stop it? And also, end of this century. Even now, rising called experts publish op-eds and do why are you still alive? You are 115 sea levels are impacting Bangladesh interviews in media outlets around the years old. through salt water intrusion, reducing country—talk radio—helping to spread I will say it was all investments we agricultural yields and ruining drink- disinformation or misinformation or made in our age. I want my grandson ing water supplies. It is already having what we sometimes call lies. They also to know that when we had the oppor- a profound effect. brief Congress and serve as trusted au- tunity to put the planet on a safer We are talking about a very poor thorities for staff in many Republican path, we seized the moment. country that doesn’t have the re- offices. So it shouldn’t surprise us that So let’s not allow the Heritage Foun- sources to deal with climate change. my Republican colleagues deny climate dation and all of these different mem- Bangladeshis will be uprooted and change when they rely on these ex- bers of this web to slow us down. Let’s turned into climate refugees without a perts. not let the selfish motivations of shad- home. I would bet these individuals Despite the best efforts of the Koch owy donors with ties to the fossil fuel would disagree with the Heritage Foun- brothers, the Heritage Foundation, and industry prevent us from making the dation that the impacts of climate other deniers, people around the coun- planet a safer and more habitable place change are ‘‘far from terrifying.’’ try are not fooled. In Minnesota we are for our children, our grandchildren, If you think the Syrian refugee crisis seeing changes to our crops, lakes, and and future generations. is difficult to deal with, just think of forests. Instead of sticking their heads It really is time to stand up to igno- the magnitude of what we will see if we in the sand, Minnesotans are taking ac- rance and denial. It is time for all of us do not address climate change. For a tion. on both sides of the aisle to do what is In 2007, under a Republican Governor, lawyer at the Heritage Foundation to right for future generations. my home State established a renewable make this claim is not only irrespon- I thank the Chair, and I yield the energy standard to produce 25 percent sible but, frankly, dangerous to the floor. of our power from renewable sources by welfare of people around the world. The PRESIDING OFFICER. The ma- These are just a few examples of the 2025. That same year, Minnesota passed jority leader. an energy efficiency standard to re- falsehoods that the Heritage Founda- ORDER OF PROCEDURE quire utilities to become a little more tion spreads about climate change. If I Mr. MCCONNELL. Mr. President, I efficient every year. To top things off, had the time, I could go on for hours— ask unanimous consent that notwith- Minnesota established an aggressive maybe, even, days—quoting more of standing rule XXII, at 11 a.m., Wednes- goal to reduce greenhouse gases 80 per- those lies. In fact, from 1998 to 2013, the day, July 13, the Senate vote on the cent by 2050. These are the kinds of Heritage Foundation published more motion to invoke cloture on the con- policies that we need to combat cli- than 1,600 documents contributing to ference report to accompany S. 524. I mate change, and these are also the climate skepticism, and they have pub- further ask that following the cloture kinds of policies that the Heritage lished many more since. So I think we vote, the Chair lay before the Senate Foundation is fighting tooth and nail the message to accompany H.R. 636, can say the Heritage Foundation is de- to prevent. liberate and unwavering in its fraud It is not just the Minnesota legisla- the FAA bill; that the majority leader and deceit. ture that is taking action. Minnesota or his designee be recognized to make a One might ask: Why would the Herit- businesses also recognize the impor- motion to concur in the House amend- age Foundation work to deceive the tance of fighting climate change. Last ments to the Senate amendments; and American people in such a way? What year I joined Dave MacLennan, the that the time until 1:45 p.m. be equally do they get out of it? CEO of Cargill, in penning an op-ed in divided between the leaders or their Well, I will tell you. It is because the Minneapolis StarTribune to high- designees. I ask that following the use they are being paid to do so by self-in- light the threat of climate change to or yielding back of time, the Senate terested fossil fuel companies like agriculture, especially considering that vote on the motion to concur in the ExxonMobil and people with major in- global population will reach 9 billion House amendments to the Senate vestments in fossil fuel companies, like by midcentury. As the CEO of a food amendments with no intervening ac- the Koch brothers. Perhaps you have company focused on agriculture, Dave tion or debate and that all time allo- heard of them. The Heritage Founda- is concerned about what climate cated for consideration of H.R. 636 tion’s work to espouse lies and prevent change is going to do to our food sup- count postcloture on S. 524, if cloture action on climate change directly ben- ply. He is not alone. We have busi- is invoked. efits the bottom line of the companies nesses all over our State that are in- The PRESIDING OFFICER. Without and brothers who are funding them. We stalling wind turbines and solar panels objection, it is so ordered. know this because over the past two and manufacturing cutting-edge energy Mr. MCCONNELL. For the informa- decades ExxonMobil donated nearly $1 efficiency technologies. tion of all Senators, the cloture vote million to the Heritage Foundation; Minnesotans aren’t fooled by the on the CARA conference report will and the Koch brothers, the owners of Heritage Foundation. On the contrary, occur at 11 a.m. tomorrow, with the the fossil fuel conglomerate Koch In- to them, climate change represents a vote on the FAA bill scheduled at 1:45 dustries, contributed nearly $6 million. Sputnik moment—an opportunity to p.m. Senators should expect a vote on These companies and brothers are wor- rise to the challenge and defeat that adoption of the CARA conference re- ried that if people knew what their threat. In response to Sputnik, we port during tomorrow’s session. products were doing to the planet, they ended up not just winning the space The PRESIDING OFFICER (Mr. LEE). would stop buying their products or race and sending a man to the moon, The Senator from Louisiana. transition to other renewable energy or we did all sorts of good things for the ZIKA VIRUS FUNDING public policy would drive the markets American economy and society. Mr. CASSIDY. Mr. President, I come away from their products. So in order We did it before, and we can do it as a Senator, but actually I come wear- to protect their bottom line, they set again. By rising to the challenge of cli- ing two different hats right now—two out to misinform the public. That is mate change, we will not just clean our more hats aside from being a Senator. what they do for a living, and Heritage air, but also drive innovation and cre- One of them is a teacher. I still teach and many other similar organizations, ate jobs, and not only in the clean en- at the LSU Medical School and have are helping them to spread their false- ergy sector. for the last 30 years, so I decided to do

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.054 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4985 a presentation on something wearing isiana, where I am from, and they con- specify that the money needs to go to my next hat. tracted it sexually. a public agency, one that sees Medicaid In my life as a physician, I have done Nonetheless, the virus is in the patients, the State or territory Federal much work in public health and have United States. It is particularly a prob- program that takes care of the unin- learned, by the way, that if you head lem in Puerto Rico and the U.S. Virgin sured. Planned Parenthood is not a off illness early, you save a lot of Islands. These are American citizens. Medicaid provider. money. You save a lot of money after These Puerto Ricans, if they wish, can So it is not that they are not men- that. I call it the balloon theory. If you board a plane and travel anyplace they tioned; it is that they are a private en- put a balloon up to helium and you wish in the continental United States. tity that, in Puerto Rico, does not ac- squeeze the nozzle, it inflates quickly, That is their right as Americans. Simi- cept Medicaid. So we could carve in but if you pull it off the nozzle, it re- larly, these folks who are infected in and say: If you are a private entity, mains deflated. these States can travel anyplace they you can also receive these Federal dol- Right now, we have something at wish. lars to provide family planning. It just risk with Zika that will be like that Why is that important? Well, theo- so happens that in Puerto Rico, helium balloon—inflating rapidly un- retically, it is important because these Planned Parenthood does not. less we do that initial thing that pulls are the areas where the mosquitos that So Republicans are trying to release the balloon off the helium so that it carry the Zika virus live in the United $1.2 billion to pull the balloon off the works. States. So theoretically, wherever helium so it does not inflate with all I am a teacher, so I decided to do these mosquitos are—and Hawaii kinds of cases, and one more case of a something different. If anybody in the should be on here someplace—the virus Jose would be one case too many. But audience so chooses, they can put their can enter and the virus can be trans- we are caught up in this snafu about phone and their QR code reader up to mitted by the mosquitos to many other Planned Parenthood. It is the craziest the television or the computer monitor Americans. thing in the world, but unfortunately and they can scan this barcode, and By the way, though, it is not just it is how Washington, DC, sometimes they will see the slides we are about to that you have to live where the mos- works. go over. So if you are watching at quitos are. The first person to die from As a public health physician, I find home and you wish to follow, then you Zika in the continental United States that incredibly offensive. As a doctor can download these slides, and if you just died in Utah. She contracted it who understands the critical nature of think them important, you can forward elsewhere but then died in Utah. So the this, I am asking folks on the other these slides to another person. Again, risk to our country is at least this. I side of the aisle to accept that this bill that is my effort as a teacher to try to will be perfectly honest. It is particu- may not be exactly what they want—it speak about the spread of Zika. larly a risk for those on the gulf coast is not exactly what I want—but it is This is Jose Wesley, born to a Bra- because we have the sort of subtropical something that would give additional zilian mother who contracted Zika climate in which Zika flourishes. That resources to the Centers for Disease probably in her first 3 months of preg- is why I am particularly concerned. Control and others to begin to fight the nancy. When Zika went through the But wearing my other hat as a public Zika virus before it comes more exten- momma’s blood when Jose was in her health doctor, I know we have this mo- sively to our Nation’s shores. womb, into the amniotic fluid or ment in time. Either we pull that bal- through the placenta, it entered Jose’s loon off so it does not inflate with We can anticipate that public health body and went to his brain. That virus Zika, damaging our country, creating emergencies in the future are inevi- stayed inside his brain and terribly af- more Joses here in the United States, table. For example, we recently had fected his brain. or not. Ebola. We had the West Nile virus. We Jose was born with microcephaly. Some of you may have seen the have already spoken about Zika. So You cannot really see from this angle barcode that I held up initially. You aside from hoping that my Democratic what microcephaly is, but what may have downloaded that. We will colleagues will agree to release the $1.2 ‘‘microcephaly’’ means is ‘‘small hold up that barcode again if you wish billion to fight Zika now, there is also brain.’’ Here is a profile of a child with to download these slides, but all of something else I am proposing, but I microcephaly. You can see that—un- these are on the PowerPoint presen- don’t want to sound overly partisan be- like the big head babies normally tation that you may download should cause I am doing this particular bill have—this is a very small head. This is you wish. with my Democrats—with Senator associated with severe neurologic defi- Public health emergencies are inevi- BRIAN SCHATZ from Hawaii. We are put- cits and early death. This is a tragedy table. Let’s talk about the response to ting forward the Public Health Emer- and potentially a preventable tragedy. this one. Mr. President, $600 million gency Response and Accountability Again, the teacher in me wants to that was left over from the Ebola fund Act. talk a little bit about Zika. The spread has been released to CDC and other I am from Louisiana. We have had of Zika historically gives us insight as agencies to mount a response against hurricanes. Hurricane Katrina is the to what we must fear now. Zika was Zika. Now, $600 million was left over, one that is the most famous. If there is first discovered back in 1951 in Africa, and only one-fifth of it has been spent. a hurricane or another natural disaster Uganda. Then, at some point in the So there are still substantial dollars that hits an American State, then three decades that followed, it spread available, but the CDC and other Fed- FEMA has a budget that is automati- quickly to Asia, and then from Asia to eral agencies say they need more. cally triggered. It does not have to go Yap Island in 2007, which is in the Pa- Republicans have supported $1.2 bil- through this appropriations process. cific. In 2013 and 2014, it went to more lion in additional funding to fight We don’t tie it down in discussions of Pacific islands. In 2015 and 2016, it en- Zika. My colleagues on the Democratic extraneous matters. It is something tered the Americas. At some point, it side—we have a difference over this. that immediately comes to bear to began to spread rapidly. This is impor- They are opposing this $1.2 billion to bring relief to those affected by natural tant because it is now in the Americas fight Zika because they say the Repub- disasters. threatening Americans. lican bill discriminates against The other thing that is done is that These are States which have cases of Planned Parenthood. normal Federal contracting processes Zika. Here is the U.S. Virgin Islands. Planned Parenthood is not men- are waived. So instead of having to get Here is Puerto Rico. They have the tioned in the bill, and the way it dis- 10 different signatures—which literally most, but almost every State is af- criminates—I have been in Wash- might be the case—for someone to fected. Most folks have contracted it ington—in the Senate, at least—for 2 travel from Washington, DC, to Lou- elsewhere and brought it back to their years, and sometimes you have to kind isiana or Kansas or Florida, it is State, but there are some folks who re- of figure out why people are taking of- waived and that emergency response ceived it sexually. So their partner fense at something. Even though coordinator may immediately go. contracted it, perhaps in Brazil, and Planned Parenthood is not mentioned, There is oversight, so this is not carte came back to Texas or Florida or Lou- the reason they object is because we blanche, but it is a more effective way

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.055 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4986 CONGRESSIONAL RECORD — SENATE July 12, 2016 to bring Federal resources, in partner- Climate Action Task Force on the floor State level, local elected politicians, ship with local resources, to bring re- to bring attention to the well-funded and many of America’s biggest compa- lief to those affected. We bring that network of organizations that are de- nies.’’ ALEC writes ‘‘model policy’’— flexibility in the use of funds while re- liberately misleading the public on cli- thousands of cookie cutter, anti-con- taining accountability. mate change. My colleagues have servation bills that legislators can in- We call this the Public Health Emer- called them the web of denial. We all troduce under their own name, in their gency Response and Accountability gathered on the floor yesterday and own States, in hopes of turning them Act, and we anticipate entering this in today to bring attention to these polit- into law. very soon. Senator SCHATZ has been ical front groups that are acting as Specifically, in the area of energy wonderful to work with in terms of this major roadblocks to the actions we policy, ALEC pushes a concerted legis- aspect of what we are doing. must take as a nation and as a global lative agenda that is in line with the So there are two issues. The $1.2 bil- community to address the difficult and rest of the Koch network to promote lion that we should release now, that disruptive but absolute and unequivo- climate skepticism and roll back laws would immediately go—it is not a per- cal scientific reality of climate change. that protect clean air and water. fect bill, but we have to prevent more This web of denial is made up of doz- ALEC’s ‘‘model bills’’ read like they cases of these children who are trag- ens of organizations propped up by were written by the biggest polluters ically born with microcephaly, as well dark money. These political front in our country because they probably as more deaths, like the woman who groups for wealthy and self-interested were. recently died in Utah. Then, No. 2, we donors like the Koch brothers—you There are resolutions condemning need to have the response and account- may have heard of them—peddle bogus the Clean Power Plan, calling for ability act, which gets rid of this proc- theories that climate change isn’t real States to withdraw from regional cli- ess we struggle through in order to re- or, at the very least, the American mate initiatives and to reconsider na- lease those funds to bring the relief we public should doubt the overwhelming tional environmental standards such as need. scientific evidence and fear what might rules that reduce ozone pollution—and, Let me summarize by saying this: happen if we enact policies that move I might add, save lives. ALEC also This is a baby with microcephaly. I us toward cleaner energy solutions. pushes bills that call for repealing re- think there have been three children These organizations are promoting newable fuel standards that are moving born in the United States already—not policies that are completely counter- our electric grid toward cleaner energy conceived here but born here—who productive at a time when we urgently sources. have microcephaly. This child’s life is need to take decisive action to combat ALEC has also written model resolu- limited. She will most likely die at an climate change and to protect the tions that call for selling off or turning early age, with severe neurological health of our children and future gen- over public lands, such as our national deficits. If you just want to look at it erations. forests in Western States like New in a dollars-and-cents approach, this As many of my constituents know Mexico and across our country. The child will be a ward of the State for the well, climate change has already had a current ALEC State chair in my home entirety of her life and will cost the very real and costly impact in my State of New Mexico introduced legis- Federal taxpayer millions of dollars. home State of New Mexico, as it has lation at the Roundhouse in recent We have already had these babies across our Nation and around the years called the Transfer of Public born in Puerto Rico, New Jersey, and world. In New Mexico, we are already Land Act, which would call on the Fed- Hawaii. There are two pregnant women seeing more extreme and prolonged eral Government to turn our public in Illinois who tested positive for Zika, drought conditions, larger wildfires, and we had a death in Utah and Puerto lands over to State management. shrinking forests, and increased flood- The only way Western States like Rico—not children but adults. The ing. This is the reality now, not some mine could foot the bill for admin- question is, Will the Senate work to far-off date in the future, and the istering America’s public lands would stop this? And again, if you are watch- longer we wait to act, the more dif- be to raise taxes dramatically or—and ing and you wish, you can scan this ficult and the more expensive the solu- this is much more likely—sell off large barcode, you can download this presen- tions will be. expanses to developers and other pri- tation. That is why the fictitious narratives Let me finish by saying this. I just spun by this web of denial and their or- vate interests. Over time, it would said the Senate should work to stop ganizations are so dangerous and why mean public lands that New Mexicans the spread of Zika. You can do some- we, as policymakers, need to stand and go to every summer to hike and camp thing. We are a representative democ- refute their lies. We need to disclose and barbecue with their families, the racy and we respond to you, the people, who they really are and discredit their national forests where they go to chase and if we don’t, by golly, you should campaigns. elk and mule deer during hunting sea- vote us out. So I am asking you, if you I am focusing this evening on the son would be closed off behind no tres- are watching at home and you think American Legislative Exchange Coun- passing signs. there needs to be a response quickly cil, or ALEC. ALEC is an organization I have long believed public lands are and efficiently and effectively to com- made up of State legislators across the an equalizer in America, where access bat the spread of Zika, you can either Nation, and ALEC claims that nearly to public lands ensure you don’t need barcode this or not, but whatever you one-quarter of our country’s State leg- to be a millionaire to enjoy the great do, call your Senator. Ask your Sen- islators are affiliated with the organi- outdoors or to introduce your family, ator—ask her or him—to support ef- zation. ALEC calls itself a nonpartisan your children to hunting and fishing forts to stop the spread of Zika, to re- organization that promotes an ex- and hiking. This land-grab idea is just lease the $1.2 billion, and to also sup- change of ideas to help create State- as ludicrous as denying climate port the bill Senator SCHATZ and I are based policies that promote economic change, just as detached from reality, putting forward, the Public Health growth. and similarly comes at the expense of Emergency Response and Account- Sounds like motherhood and apple our public health and protection of our ability Fund. pie, doesn’t it? But when you take a public lands and resources. Ultimately, we answer to you, the look at who is behind ALEC’s oper- Frankly, you don’t have to do a deep- people. That is a good thing. I ask you ations and you take a look at the types dive investigation to figure out what is to perhaps use this tool to help us, to of policy they are pushing in State cap- going on. The so-called policy experts encourage us to answer to you, as we itols across this Nation, you get a and leaders that make up ALEC’s should. sense for their real agenda, and you board of directors are on the record as Mr. President, I yield the floor. can tell they are part of the coordi- climate skeptics. ALEC’s CEO, Lisa The PRESIDING OFFICER. The Sen- nated and well-funded campaign to Nelson, said: ‘‘I don’t know the science ator from New Mexico. peddle doubt and skepticism about the on that,’’ when she was asked if CO2 CLIMATE CHANGE settled science of climate change. emissions are the primary driver of cli- Mr. HEINRICH. Mr. President, I rise ALEC has been described as ‘‘a dat- mate change. Texas State representa- to join my colleagues from the Senate ing service between politicians at the tive Phil King, the national board

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.056 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4987 chair for ALEC in 2015, said: ‘‘I think The reality is, the Organ Mountains- dermine this Nation’s efforts to combat the global warming theory is bad Desert Peaks National Monument in global climate change. science.’’ And Connecticut State rep- Southern New Mexico, which this The science on climate change is be- resentative John Piscopo, ALEC’s na- group has slandered, serves as a na- yond rational dispute. Climate change tional board chairman in 2013, said: tional example of community-driven, is real. It is a clear and present threat ‘‘The public has been hoodwinked. . . . landscape-scale conservation. In fact, to our planet, and it must be addressed I have serious doubts about whether independent polling shows over- robustly and urgently. [climate change] is manmade.’’ whelming local support for this monu- Scientists have proven unequivocally We all know the reason ALEC’s mem- ment, and I am proud of my close work that CO2 and other greenhouse gases bers and leaders say things like this with the region’s diverse coalition and we release into the atmosphere when and promote these kinds of bills. It is stakeholders that worked so hard for we burn fossil fuels act to trap heat because so much of the funding for so many years to make that monument and form an invisible blanket to warm ALEC’s operations comes from sources a reality. the planet. Over the last century, the other than membership dues. Over 98 Two years into the Organ Mountains- Earth’s average temperature has con- percent of ALEC’s revenues comes from Desert Peaks designation, local busi- tinued to rise, with 9 of the 10 warmest corporations and trade groups and cor- nesses in the Las Cruces area are at- years on record occurring since the porate foundations. That is how ALEC tracting major tourism dollars and eco- year 2000. works, by sewing uninformed seeds of nomic benefits. The Lonely Planet True to form, 2015 was the Earth’s doubt to move the needle at the State guidebook has named Southern New warmest year on record. Rising global and local level toward anti-science, Mexico as a top 10 ‘‘Best in the U.S.’’ temperatures have led to extreme anti-climate action policies that ben- for 2016 destination, and highlights the changes in weather events and in our efit their funders’ bottom line. national monument as a reason to environment. No country is insulated ALEC is just one piece of a large web visit. and no State is insulated from the es- of similar dark money organizations The tax revenues of the town of calating effects of climate change. In the United States, we are seeing it that promote climate skepticism and Mesilla have jumped over 20 percent in this every region of the country, and are dangerous fronts for corporate in- since the monument’s creation, and we are witnessing its effects very dra- terests to deliberately mislead the pub- Las Cruces’ lodgers tax revenues are up matically in my State of New Hamp- lic and influence lawmakers. To see since 2015, in part because of new con- shire. Rising temperatures are affect- just one other recent example of this in ferences and meetings attracted to the ing our tourism, our outdoor recre- my home State of New Mexico, I would area by the monument. ation, and our agriculture industries. like to take a moment to look at a let- You can see how out of touch these We are experiencing an onset of nega- ter to the editor published last week in groups are that want to instead sell off tive health impacts and increases of in- the Las Cruces Sun-News by the Envi- this public land. The organizations sect-borne diseases—Lyme disease is ronmental Policy Alliance. that make up this web of denial are one—all of which can be tied to the ef- This is another one of those web-of- promoting dishonest and deceptive denial political front groups. In the let- fects of climate change. campaigns that frankly run directly In the United States and throughout ter to the editor, they claim that con- counter to the public interest. the world, people acknowledge that servation and monument designations At a time when we desperately need global warming is an existential threat are really ‘‘federal land grabs’’ and the to move our State and national energy that requires immediate action to slow work of ‘‘radical environmental and conservation policies forward, we its pace and mitigate its effects, even groups’’ trying to stop economic devel- should be taking the overwhelming and while those climate deniers are still opment. These ‘‘radical groups’’ and indisputable scientific fact of climate out there, making noise. ‘‘green decoys’’ are, according to the change seriously, and we should make According to the Pew Research Cen- letter, such dangerous groups as Trout smart and forward-looking investments ter, two-thirds of all Americans ac- Unlimited, the Theodore Roosevelt in the sustainable, low-carbon fuels of knowledge that climate change is real Conservation Partnership, the Izaak the future. and that action must be taken to ad- Walton League, and Backcountry I am convinced advances in energy dress it. But there are some, an ex- Hunters & Anglers, groups that all efficiency and generation and trans- treme but influential minority, who stand up for the interests of sportsmen mission of clean power offer us a road- argue that climate change is a hoax; and hunters and anglers—certainly not map that not only allows us to combat that it lacks scientific consensus; that what most of my constituents would climate change but to do it in a way the changes we observe are not due to consider radical. that will create thousands of new jobs CO2 and other greenhouse gas emis- A close look shows who the real and much needed economic activity in sions, but they are due instead to vari- decoy is. The Environmental Policy Al- New Mexico and all across our country. ations in the sun or cosmic rays; and liance is funded by the Western Fuels That is the reality, just like climate that policies to limit greenhouse gas Association, another organization in change. Climate change is not theo- emissions will ruin our economy. the web of denial, and it is a pet retical. It is one of those stubborn facts Not surprisingly, these climate project of lobbyist Rick Berman, who that doesn’t go away just because we deniers are not scientists, though they has also led deceptive public campaigns choose to ignore it or if we listen to may pretend to be. They are front on behalf of cigarette and alcohol com- the company line from self-interested groups funded by the fossil fuel indus- panies and now dirty energy. This or- Koch donor networks and organiza- try, generally, and the Koch brothers, ganization doesn’t care about the best tions like ALEC. in particular. These front groups are way to manage our publicly owned I think it is time to call these paid to spin a web of denial wrapped in lands or preserving the ability of ‘‘Astroturf’’ groups out for who they ideology with the aim of purposely de- Americans—no matter what their really are and, frankly, who they really ceiving the public about the dangers of stake in life is, how much money they answer to. More importantly, it is time climate change. This is deceitful and it make—to experience our country’s rich to take action on the moral challenge is wrong, and we are here on the floor outdoor heritage. Instead, the Environ- of our time—addressing climate this afternoon to call out these groups mental Policy Alliance wants to put change—so that our children can in- by name so that the public knows what our public lands up for sale so the cor- herit the future they truly deserve. to watch for and there is some trans- porate elite can develop them for their The PRESIDING OFFICER (Mr. parency about what is being said. own use and their own profit. PERDUE). The Senator from New Hamp- One of those groups is the Competi- The Environmental Policy Alliance shire. tive Enterprise Institute, or CEI, based has published similar letters in dozens Mrs. SHAHEEN. Mr. President, I rise in Washington, DC. This group de- of small to midsized city newspapers today to join my colleagues in speak- scribes itself as ‘‘a public policy orga- all across our country in recent years— ing out against what I believe is the nization committed to advancing the canned letters with no connection to misleading and dangerous campaign of principles of free enterprise and lim- local sentiment. some in the fossil fuel industry to un- ited government.’’ But if we look more

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Nancy Kassebaum. issues, economic and political arguments powerful corporations designed to Those hearings focused on whether the FDA were incorporated in the discussions with spread untruths and disinformation on was fulfilling its mission and included sev- Administration officials. eral demands by Congress for documents and Support of the American Legislative Ex- behalf of its corporate sponsors. deposition. change Council—a public/private consortium In recent years, CEI has taken up the At the Senate oversight hearing, former of conservative state legislators—took a issue of climate change. It has been FDA Commissioner Charlie Edwards testi- stand against FDA regulation, as did the outspoken in disputing scientific evi- fied, raising further questions of whether the Southern Legislative Congerence, a group af- dence that human-produced greenhouse FDA was acting legally and responsibly in filiated with the Council of State Govern- gas emissions are driving global warm- pursuing a course that would lead to tobacco ments. ing. regulation. Meetings were held with the Southland Some may recognize CEI not for its As a result of the growing focus on FDA Corp., one of the nation’s largest cigarette from inside and outside Congress and the retailers, and with the Food Marketing Insti- work on climate denial but for its groundwork laid through the oversight and tute and National Association of Conven- prominent role in misleading the pub- investigations committee work, legislation ience Stores to brief those groups on poten- lic about the scientific evidence link- to reform the FDA was proposed earlier this tial adverse impacts of FDA regulation and ing smoking to lung cancer and heart year and is expected to be formally intro- to enlist their opposition. disease. Legal documents from major duced in September. A key provision in the A working group was formed by the To- tobacco companies exposed the fact reform legislation will be to restrict FDA’s bacco Institute to bring together industry that CEI received more than $800,000 regulatory authority. representatives and the retail and wholesale from Philip Morris to launch coordi- The House Agriculture Committee also re- trade communities to join together and work quested that Kessler supply all documents he toward the common goal of compliance with nated media campaigns to attack the was using in consideration of his tobacco laws prohibiting sales of tobacco products to Food and Drug Administration’s efforts regulations. Kessler has resisted, and that ef- minors. Much of the focus centered on em- to regulate tobacco. fort continues. ployee education regarding underage sales. Mr. President, I ask unanimous con- In recognition that Kessler ultimately Covington and Burling also was given the as- sent that a series of these documents would play some regulatory role regarding signment of drafting appropriate state legis- be printed in the RECORD. tobacco, an aggressive campaign was con- lation that could be used as a model in state There being no objection, the mate- ducted over the past six months to educate legislatures. rial was ordered to be printed in the members of Congress and their staffs regard- A blueprint was established to enable the ing the issue of regulation. company to contact and mobilize legislative RECORD, as follows: One result of that campaign was a July 15 and retail association allies to participate in WRO EFFORTS press bipartisan press conference led by the 90–day comment period once the Kessler Beginning last fall, the assistance of the Reps. L.F. Payne and Richard Burr as a re- regulations were released and to support ap- Washington Legal Foundation, Citizens for a sult of media reports that Kessler had sent propriate Congressional action on the issue. Sound Economy and the Competitiveness his regulatory proposal to the White House. Third-party spokespeople were identified Enterprise Institute was sought to define the Participants circulated Dear Colleague let- in each state to address the issues of FDA FDA as an agency out of control and one ters throughout Congress and submitted Op- regulation with local media, and a state failing to live up to its Congressional man- Ed pieces to their hometown newspapers elected official in each state has been identi- date regarding regulation of drugs and med- challenging the need for FDA regulation. fied to enlist his or her colleagues in upcom- ical devices. Also, as a result of those education efforts, ing legislative sessions on youth access Beginning in December, those groups con- delegations of elected officials met with issues. ducted an aggressive media campaign toward White House officials in an effort to derail INTERNAL ACTIVITIES/MEDIA RELATIONS those goals, incorporating the issuance of federal intervention in tobacco regulation. Work began last year to formulate a PM policy papers, conducting symposia, filing The groundwork that has been laid legisla- program that would address the issue of petitions with FDA and taking other steps to tively has been designed to create a recep- youth access, with a decision made in De- keep the public and media focus on the agen- tive atmosphere in Congress for legislation cember to hold those proposals in abeyance. cy. that will be introduced to eliminate FDA’s Company employees and outside consult- On the legislative front, a group of south- role in tobacco regulation. The timing and ants involved in the issue were formally as- ern Democrats began negotiating with the specifics of such legislation are under consid- signed roles as the FDA response team, and White House early this year on behalf of the eration. efforts began in January to incorporate the industry seeking to eliminate any role for Efforts in Congress also were made to iden- various elements into a comprehensive pro- the FDA in the regulation of tobacco. tify unlikely allies—those who generally are gram addressing all conceivable actions that The quid pro quo in these negotiations more concerned with the politics of regula- could be taken by the Clinton Administra- would be voluntary concessions on the part tion rather than the substance—and resulted tion or the FDA regarding tobacco regula- of the industry on the issue of youth access in meetings with the WH with Sen. Chris tion. to cigarettes. Leading the negotiations were Dodd and Rep. Dick Gephardt. Labor also These efforts encompassed both public af- Sen. Wendell Ford and Rep. L.F. Payne. presented opposition to Kessler’s role in reg- fairs campaigns and potential legal filings. After nearly eight months of discussion, the ulation. Press releases, statements, fact sheets, video WH rejected the compromise. Recognizing that legislators weren’t the news releases, background video and other Beginning in January, members of Con- only point of White House access, a con- materials necesssary to convey the com- gress—at the urging of several outside ference of tobacco growers held this summer pany’s position were drafted and taped for groups including Citizens for a Sound Econ- focused on the ramifications of FDA regula- each of the options considered. omy—began taking a much closer look at tion. Both Sen. Ford and Rep. Payne spoke PM representatives with scientific creden- the FDA appropriations request. That scru- to growers, and efforts continue to mobilize tials were assigned the task of meeting with tiny led to the successful effort to eliminate the agricultural community in opposition to various ‘‘think tanks’’ to discuss the issue of $300 million sought by FDA to consolidate the proposed regulation. FDA regulation and generate guest edi- its offices in a new federal campus, by any The support of Administration political ad- torials and comments to the media. measure a major setback for Kessler. visors was enlisted to discuss the ramifica- Those team members who were identified Meanwhile, Congress also was scrutinizing tions of FDA regulation, and those efforts as taking a public role in PM’s response were the regular appropriations and voted to also continue. freeze the agency’s budget, effectively de- given media/communications training, focus- creasing the level of funding for next year STATE ACTIVITIES ing on the effective delivery of company when adjusted for inflation. Efforts focused primarily on defining the messages. Language was inserted in that legislation issue of youth smoking as one that properly In late spring, the proposed youth access to restrict Kessler’s authority to assign em- should be addressed at the state and local program was resurrected and the company ployees to various projects and a list of ques- level, rather than having FDA intervene subsequently announced Action Against Ac- tions was submitted to Kessler regarding his with any regulatory scheme. cess, incorporating voluntary and proposed investigation into tobacco, including what In all 50 states, the stated goal was to en- legislative steps to address the issue of resources and personnel were being devoted dorse or pass reasonable marketing laws youth smoking. to the effort. which stop minors from purchasing ciga- The announcement of AAA was made at a Congress has not been satisfied with his re- rettes, with a minimum of government inter- New York press conference and was accom- sponses to date, raising the issue of whether ference in the marketing of the cigarettes to panied by an aggressive media outreach cam- Kessler has been evasive or even engaged in adult smokers. paign, including the use of VNRs, back- obstruction of Congress in this area. State elected officials also were contacted ground video feeds, letters to elected offi- Congress also initiated a series of over- to intervene with the White House to stress cials and coordination with third-party al- sight hearings regarding the agency, con- the point that there was no need for FDA lies.

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.059 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4989 In early July, those involved in the FDA on a new mission to confuse and mis- suading the public that human-caused working group participated in a simulation lead the public on climate change. It is global warming is a scientific fraud. Of geared to measure company response to an financing and directing ad hoc groups course, the group’s lawsuits are frivo- announcement by the FDA of full or partial like the so-called Cooler Heads Coali- lous and baseless. But this doesn’t mat- regulation of tobacco. That exercise envisioned several different tion, which claims that global warming ter because the entire point of the law- actions Kessler could take on tobacco regu- is a myth and that many scientists are suits is to disrupt important academic lation, and measured the company’s response skeptical of climate change. CEI has research that may help us anticipate, to an FDA announcement. Based on the re- also produced two television ads that avoid, or mitigate the impacts of glob- sults of that exercise, the action plan was allege that the polar ice caps are thick- al warming. fine-tuned to deal with various options ening, not shrinking, and that CO2 Once again, if we look at the funding Kessler was believed to have available. emissions are good for the environ- behind E&E Legal, we understand ex- By the time of Kessler’s announcement of ment. actly why this group is attacking cli- regulatory intent, the company mobilized to mate scientists and their work. E&E battle the Administration proposal on both CEI’s ads sound more like something the legal and public affairs fronts. that Saturday Night Live might come Legal does not publicly disclose its do- A lawsuit was filed as soon as the FDA no- up with. For instance, this is their nors. We have seen that before. How- tice of intent to regulate was published in tagline about CO2: ever, bankruptcy proceedings have the Federal Register, and two hours before They call it pollution. We call it life. identified that the group is funded by President Clinton’s afternoon press con- Arch Coal and Peabody Energy, and Of course, we all know that CO2 is ference announcing the action, PM held a necessary for plant growth. But what that E&E’s senior lawyer has received press conference to announce the lawsuit and that ad fails to mention is that too funds directly from Alpha Natural Re- register its objections to the FDA action. sources. These are some of the largest By the time Clinton made his announce- much CO2 in the atmosphere can cause ment, a video news release and background global temperatures to rise, and that coal producers in the United States. It video was fed by way of satellite to tele- there is more of it in the atmosphere is shameful and dishonorable that vision news departments throughout the today than at any time during the last these coal companies are funding the country, and satellite time was booked to 420,000 years. So there is more carbon, harassment and intimidation of sci- provide those stations an opportunity to entists. They are putting profits ahead more CO2 in the atmosphere than at interview PM spokespersons for local broad- any time during the last 420,000 years. of people, and their disinformation casts. threatens the scientific inquiry and With assistance from Burson-Marsteller, Just as in the case of Big Tobacco, PM press kits were sent to all major Wash- one need only to look at who funds CEI transparency we need in order to make ington-area media in anticipation of stories to see how they determine their mes- smart climate policy decisions to pro- generated by those reporters. saging. We have a chart here to show tect our Earth. While World Regulatory Affairs was deal- where their funding comes from. I In conclusion, big corporations are ing with the public affairs aspects of the would just point out that this is data using organizations that claim to be FDA announcement, the Washington Rela- all compiled from publicly available independent to spread misleading mes- tions Office mobilized its plans to reach leg- sages to the American people, knowing islative supporters in Washington and in key records. We see ExxonMobil Founda- tion. Then we see the Koch family and that people would be quick to discount southern states to mount criticism of the these messages if they actually knew President’s decision. their foundation. Then we see Philip All materials disseminated to the press Morris. So there is significant funding they were coming directly from coal also were circulated on Capitol Hill to pro- from people who have an agenda about companies and from Koch Industries. vide legislators with the PM’s position and climate change. This campaign of disinformation and rationale for filing suit. With information in My staff has determined that be- propaganda endangers the health, envi- hand, several southern legislators were able tween 1985 and 2015, CEI has received ronment, and economic well-being of to react and respond quickly to media in- people in the United States and across quiries. almost $15 million from rightwing or- ganizations like the Donors Trust and the world. That is why Senators who The PM briefings on Kessler’s actions ex- acknowledge the science of climate tended to conservative columnists and think the Dunn’s Foundation for the Ad- tanks, enabling them to provide third-party vancement of Right Thinking. CEI has change, Senators who understand the views of the Administration’s action. also received more than $2 million, as urgency of action to combat climate Mrs. SHAHEEN. CEI lobbied politi- we see here, from ExxonMobil, and change are speaking up this afternoon cians, conducted symposia, and pub- more than $1 million from the Koch and for many days to come. By coming to the floor, we want to lished policy papers and op-eds with ti- foundations and the Koch brothers per- expose groups like CEI and E&E Legal tles such as ‘‘Safety Is a Relative sonally. The strong ties between CEI’s for what they are—front groups whose Thing for Cars: Why Not for Ciga- message denying climate change and role is to spin a web of denial. By rettes?’’ CEI’s then-policy analyst, the interests of coal, oil, and gas com- championing clean energy policies, we Alexander Volokh, even went so far as panies are clear and obvious. So it want to ensure that the United States seems that while CEI has changed its to describe the act of smoking as a reduces its dependence on fossil fuels client, it is still in the exact same busi- civic duty. while creating millions of jobs to sup- As the documents that we have just ness of selling lies and selling out the port our economy in alternative energy submitted for the record detail, CEI’s health and the future of ordinary and green energy sources. mission was to portray the FDA as ‘‘an Americans. By supporting our country’s leader- agency out of control and one failing to Another industry front group I want- ship in negotiating the international live up to its congressional mandate.’’ ed to talk about this afternoon has climate agreement concluded last year For a time, CEI was successful. Con- been exceptionally loud in denying cli- in Paris, we are doing our part to slow gress took a closer look at FDA’s ap- mate change. It is the so-called Energy global warming and help poorer na- propriations requests, and lawmakers & Environment Legal Institute, or tions most affected by it. This is just slashed agency funding and passed lan- E&E Legal. E&E Legal has several dif- the beginning. We will continue to guage to restrict FDA’s authority to ferent aliases—the American Tradition come to the floor to advocate for poli- regulate tobacco. In fact, at one over- Institute, George Mason Environ- cies to reduce carbon emissions, to sight hearing, Members of Congress mental Law Clinic, and Free Market strengthen our economy, and to pro- even questioned whether the FDA was Environmental Law Clinic—but its MO tect our environment. acting legally and responsibly in pur- is one and the same. Like CEI, E&E I yield the floor. suing a course that would lead to to- Legal has a core mission of discred- The PRESIDING OFFICER. The Sen- bacco regulation. iting climate science and dismantling ator from Rhode Island. If this sounds like deja vu, that is be- regulations that protect the environ- Mr. REED. Mr. President, today I cause it is. CEI and other front groups ment. However, instead of rolling out join many of my colleagues here in en- are using the same playbook, the same ad campaigns, E&E Legal has a dif- couraging the Senate to continue tactics to deny climate change that ferent approach. Its specialty is working on solutions to protect our they used to deny a link between to- harassing individual climate scientists planet from the growing threats of cli- bacco use and fatal disease. CEI is now and researchers with the aim of per- mate change.

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.008 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4990 CONGRESSIONAL RECORD — SENATE July 12, 2016 First, I would like to thank Senator craft carriers, and increasing the com- not to deny. As a nation already feel- SHELDON WHITEHOUSE for his leadership plexity for our Navy. ing the effects and costs of climate and tireless work on these issues. We One of the more interesting moments change, it is also in our national inter- both represent the great State of I had on the Committee on Armed est to do so. As we have seen time and Rhode Island, the Ocean State, and I Services was to listen several years ago again, other countries would join us if am lucky to have such a strong partner to an admiral describe to me that tran- America leads the way—not by denial to work with to improve the health of sit to the Arctic Ocean will become but by dedication to pragmatic solu- our oceans and fight sea level rise, commonplace in just a few years. To tions that can be achieved. beach erosion, and ocean warming and someone who was brought up in the American companies must also do a acidification. I am proud to work 1950s and 1960s and served in the mili- better job in addressing climate alongside him as we respond to the se- tary in the 1970s, that seemed com- change. It is not enough just for Amer- rious challenges of climate change. In- pletely implausible, but that is hap- ica’s government and military to take deed, he is the leader in this effort in pening. Yet there are groups that are action; the private sector also needs to the Senate, throughout my State, and organized that are trying to make that step up to the plate. Companies need to throughout the country. I applaud his disappear. be transparent and provide fuller dis- commitment to this endeavor and his It is not disappearing for our mili- closure of the impacts their industries efforts to organize all of us to come tary. They have to cope with it, plan have on our climate and environment here and to speak out on this growing for it, and, indeed, ensure that our se- and must take full responsibility for danger. curity is protected from the ramifica- their actions. Some companies have We are already shouldering the costs tions. improved their sustainability practices of climate change as Americans, and In national security, decisions are and have made strides to inform con- these costs are increasing. Climate made by a careful evaluation of risk. sumers about their carbon footprint, change is driving severe drought and Given the preponderance of scientific and more need to join them. In fact, wildfires in the West, larger and more evidence, it only makes sense that we many companies concluded it is in frequent floods in the Midwest, and sea address the major risks caused by cli- their economic self-interest to do so, level rise and greater storm damage mate change. National security and not just in the national or public inter- along our coasts. Vulnerable popu- foreign policy leaders across the polit- est to do so. lations, like children with asthma and ical spectrum issued a statement last Information about the risks posed by the elderly, are suffering from higher year urging the highest levels of Amer- climate change is also something that levels of smog in our cities and longer ican government and business to take is critical to investors, some of whom and more severe heat waves. Farmers domestic and international action to are demanding greater disclosures. For and ranchers are struggling with crop fight climate change. These are the na- example, Allianz Global Investors, and livestock losses from drought. In- tional security experts. They are a bi- which is a global diversified active in- creasingly, acidic oceans are harming partisan group of Americans who have vestment management with nearly $500 shellfish populations and threatening dedicated their lives to this Nation. billion in assets under manager has fisheries. Communities are struggling They are not a self-interested group of specifically called for ‘‘achieving bet- to pay for infrastructure damaged by people who are profiting from a certain ter disclosure of the effects of carbon fires, more extreme storms, and coastal position. They include former Secre- costs on the Oil & Gas companies.’’ erosion. taries of Defense, Chuck Hagel, Wil- This is why I have introduced legisla- In the face of this evidence, as my liam Cohen, and Leon Panetta; Secre- tion to enhance climate-related disclo- colleagues have all pointed out, there taries of State Madeleine Albright and sures by publicly-traded companies to is a systematic and organized effort to George Shultz; National Security Advi- ensure that these companies are pro- discredit, dismiss it, ignore it, but sors Zbigniew Brzezinski and Robert viding investors with the information Americans are sensing dramatically ‘‘Bud’’ McFarlane; Senators Olympia necessary to make informed invest- the effects in their own lives, and they Snowe, Carl Levin, and Richard Lugar; ment decisions. understand this. New Jersey Governor and Chair of the These companies not only have an One area I think is important to em- 9/11 Commission Thomas Kean; and re- obligation, as we all do, to the greater phasize is that climate change is not tired U.S. Army Chief of Staff, GEN welfare of the country and indeed the just a local issue or an issue that is as- Gordon R. Sullivan. These and many world, but they owe a very direct and sociated with domestic policy. It has others agree that climate change is a fiduciary responsibility to their inves- profound national security ramifica- threat to national security and have tors. Many of these companies have in- tions. Indeed, to the military, climate called for U.S. leadership in the global formation—I would suspect at least— change acts as a threat multiplier, ex- effort to tackle the urgent and complex that should be disclosed, and we have acerbating threats in already unstable problem of climate change. And yet, to ensure that they do this so that the regions of the world. Climate change even these wise and selfless Americans market operates appropriately. creates chokepoints for oil distribution are being dismissed, if you will, by the It is not just about broad statements lines and exacerbates our dependence organized effort to undercut scientific of protecting the climate. It is not just on foreign oil to fuel ships, tanks, air- evidence. about feeling good. It is about making craft, and tactical vehicles. We took steps and have taken steps. concrete information available to the To protect our national security, we Last December, in Paris, we took a public, to investors, to the country as a must take action based on scientific step forward with an international whole—not to deny, obfuscate, or ig- evidence presented by our Nation’s best agreement. More than 150 countries nore this information. climate scientists. Such experts have pledged to develop plans to tackle cli- I urge my colleagues to support legis- overwhelmingly warned us that the in- mate change domestically, including lation that protects our air, water, nat- creasingly warmer temperatures will countries once reluctant to act, such as ural resources, and environment. The mean oppressive heat in already hot China and India. American leadership health of our oceans and environment areas. This translates not only to geo- has been the key to getting these coun- must be preserved for now and for fu- political issues, but it translates down tries on board and agreeing to do their ture generations. Indeed, in this effort, to the individual soldier. For our infan- fair share. These countries are also act- I can think of no one who is taking a try personnel, this means carrying sev- ing because it is in their self-interest more forceful and constructive role eral pounds of additional gear across to do so—for their own health and for than my colleague Senator WHITE- dry and arid regions. And supplying their national security. HOUSE. Again, I salute him. these troops with fuel and water is be- It is clear that no country can avoid With that, I yield the floor. coming a difficult challenge for our the impacts of climate change, and no The PRESIDING OFFICER. The Sen- military leaders. Warmer temperatures country can meet this challenge alone. ator from Michigan. also lead to glacial melt, causing sea As a nation that has contributed more Mr. PETERS. Mr. President, as rank- level rise and ocean acidification, af- than a quarter of all global carbon pol- ing member on the Subcommittee on fecting our seafaring vessels and air- lution, it is our responsibility to lead, Space, Science and Competitiveness, I

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.060 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4991 know how important it is for our coun- the open air. Pet coke is essentially use is to bankroll numerous front try to invest in scientific research and the industrial byproduct that is pro- groups to spread misinformation. The to make informed decisions based on duced during the oil refining process. idea behind this strategy is to use those findings. These particular piles were owned by seemingly independent organizations, Sound science has played a critical Koch Carbon, a company controlled by such as think tanks, to deliver mis- role in the United States’ becoming a the Koch brothers. leading messages that the public might leader in fields like space exploration, Usually pet coke is shipped off to rightfully dismiss if they had heard medical research, advanced manufac- other countries, where it is burned as them directly from industry. turing, and other high-tech industries. fuel, worsening terrible air quality They have calculated that it is better So when 97 percent of scientists in a problems in places like China and con- for business to mislead the American particular field agree on a serious prob- tributing to global climate change. In public, rather than acknowledge the lem, it is wise for our policymakers to this case, the banks of the Detroit scientific evidence and their role in cli- listen. River were being treated as a dumping mate change and join the effort to The scientific community is sounding ground to store these mountains of pet combat this growing threat to our the alarm about the urgent need to ad- coke. The wind would blow the pet planet. It is a page taken right out of dress the causes of global climate coke dust everywhere, including into Big Tobacco’s playbook. By creating change. Scientists here in the United the homes and lungs of those living in their own scientific studies and policy States and across the world over- the neighborhoods nearby. It was even papers from a network of surrogates, it whelmingly agree that the weight of documented blowing across the river gives the appearance that there is a le- evidence is clear: Global temperatures into Windsor, Ontario. gitimate debate over the fundamentals are rising, dramatic changes in weath- Not only was the air being contami- of climate change science. er and climate have accompanied this nated, the pet coke was fouling the One example is the Cato Institute. warming, and humans are largely re- Great Lakes, a source of drinking For years, the organization has re- sponsible due to our emissions of water for nearly 40 million people. ceived funding from fossil fuel inter- greenhouse gases into the atmosphere. When it rained, pollution would run off ests such as ExxonMobil and the Koch Military leaders, doctors, econo- from the piles into the Detroit River, family. At the same time, Cato spreads mists, and biologists are among the ex- which is part of the Great Lakes sys- climate skepticism. Over a span of 15 perts warning us about global climate tem. years, the Cato Institute published change and the fact that it is major I joined residents in Detroit to call 773,000 words and 768 documents ex- threat to national security, public for these pet coke piles to be moved, pressing climate skepticism. health, our economy, and our natural and only through a community-wide ef- The web of denial is intended to man- resources. fort were they eventually successful. I ufacture doubt among the American Unfortunately, powerful special in- have also introduced legislation to public in order to delay action, but the terests, led by some organizations and study the health and environmental spending efforts by the same corpora- companies in the fossil fuel industry, impacts of this pet coke but, unfortu- tions also specifically target elected of- are deliberately spreading false infor- nately, this same area of Detroit that ficials and other key decisionmakers to mation about climate change to influ- has had to deal with mountains of par- prevent meaningful action on global ence public opinion and to muddle the ticulate matter blowing into the air al- warming. truth. The strategy to confuse the pub- ready had the distinction of having lic about climate change science and some of the worst air quality in the The Koch brothers have poured vast delay policy action has many parallels Nation. sums of money into election ads, lob- to the strategy used by Big Tobacco to Research shows that exposure to air bying efforts, and campaign donations mislead the public about scientific evi- pollution at a young age can lead to often funneled through other organiza- dence linking smoking to lung cancer health problems like asthma, and air tions to hide the source of the funding. and heart disease. pollution can worsen asthma symp- As a result, I have heard many climate The corporations spreading toms. Detroit has the highest rated of myths repeated in the Halls of Con- disinformation on climate change are asthma in young children among the 18 gress that were carefully crafted by the the very same interests that have the largest cities in the United States. network of climate denial front groups. most to gain financially by stopping Over 12 percent of Detroit children Late last year, the Senate Sub- meaningful action to reduce green- have asthma; the national rate is committee on Space, Science, and house gases, protect our clean air, and around 8 percent. Competitiveness held a hearing that address global warming for future gen- Most air pollution comes from burn- was specifically designed to cast doubt erations. ing of fossil fuels, and parts of Detroit on the scientific evidence of climate The Koch brothers are a prime exam- are dealing with high pollutant levels change. The witness panel was stacked ple of this fact. Charles and David Koch as a result. I wrote a letter, along with by the majority with prominent cli- made their vast fortunes from owning Senator STABENOW, calling for a plan mate deniers. As the ranking member, companies that profit from a range of to reduce sulfur dioxide levels in the one witness I was able to invite was dirty industries. Much of their wealth Southwest Detroit and comply with RADM David Titley, who, as the U.S. is funneled into activist groups that Federal clean air standards. The Michi- Navy’s chief meteorologist, initiated produce questionable information and gan Department of Environmental and led the Navy’s task force on cli- the spin necessary to support their own Quality finally just submitted their mate change. At the hearing, Dr. interests. The web of denial they have plan to comply—over a year past the Titley outlined how climate change is created is a threat to sound science- initial deadline. a serious threat to national security. based decisionmaking. These examples in Detroit show how Admiral Titley explained that the mili- While some big polluters seek to con- protecting clean air and clean water tary makes decisions based on known fuse and cloud the judgment of deci- are often environmental justice issues. information and calculations of risk. sionmakers and the public, the Amer- Those that are most affected by pollu- Often they must act on less than per- ican people continue to suffer the con- tion are often from low-income and mi- fect intelligence, but they understand sequences of our dependence on fossil nority households. Addressing climate risks and will take action to prevent fuels. These consequences are not just change will also improve the air qual- threats when given the chance. The ad- limited to rising global temperatures. ity of these affected areas. miral applied this to the broad agree- The people of Michigan are paying for While these communities bear the ment among climate scientists, saying the costs of coal and oil pollution in brunt of fossil fuel pollution, the Koch that any military commander would many ways, but I would like to focus brothers and others pour hundreds of take action ‘‘in a heartbeat’’ if there on just a couple of them. millions and even billions of dollars was a consensus among 97 percent of A few years ago, three-story, high into activities to avoid regulation of the intelligence community about a piles of petroleum coke, or pet coke, their dirty industries. One of the tac- particular scenario. In fact, the mili- lined the banks of the Detroit River in tics that powerful corporate industries tary has already started taking action

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.062 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4992 CONGRESSIONAL RECORD — SENATE July 12, 2016 to anticipate vulnerabilities and miti- the love of his wife Kelly, he was able they ask their parents who Adam gate the impacts related to climate to fight back his addiction, although Brown was. I hope their parents can change. he continued to struggle with it. tell them his story and inspire them The brightest, most experienced With the help of a good recruiter and with his example. minds in our U.S. military realize that out of a sense of deep and abiding pa- I yield the floor. reliance on fossil fuel leaves our troops triotism for his country, Adam cleaned The PRESIDING OFFICER. The Sen- and citizens exposed to more risks at up his life by enlisting in the Navy. He ator from Connecticut. home, as well as abroad. Unfortu- didn’t just enlist to do any job, though, CLIMATE CHANGE nately, Congress has not been as quick he enlisted to be a Navy SEAL. It en- Mr. BLUMENTHAL. Mr. President, I to act. Efforts to pass meaningful legis- tails some of the hardest training our come to the floor today to speak, along lation to address climate change have military has. Adam, of course, got his with a number of my colleagues, about been blocked. Existing administrative golden trident and went on to display groups that have spun a web of denial efforts to reduce admissions or invest the same kind of fearlessness and re- and to fight back against the regres- in clean energy have also been repeat- lentlessness but also the same joyful- sive, fallacious, and dangerous rhetoric edly attacked. ness that so many people in Hot of climate change deniers. They would We can and must pass legislative so- Springs and in Arkansas had known. disavow the overwhelming evidence of lutions to address global climate As anyone who has been in the mili- one of our most significant environ- change. Transitioning away from fossil tary knows, there are always some mental crises. It is not only a quality- fuels and investing in renewable energy guys in the unit who are downers, look- of-life challenge, it is a national secu- will create sustainable jobs and good- ing on the dark side of things, won- rity crisis in our world today. paying jobs here in the United States. dering what was going to go wrong As a member of the Armed Services Taking bold action on climate change next, and Adam was the antidote to Committee, I know from our military will strengthen our public health, econ- that. He always looked on the bright leaders how seriously they take this omy, and national security. side, always had a sunny outlook, and crisis, which is causing droughts as We must wake up and realize that always had a helpful word for a friend well as unrest, and the challenges it those attempting to mislead and con- or buddy. He was always ready to help creates when our military needs to ac- fuse must not be successful. I am con- the unit accomplish the mission. fident that we will overcome this web Adam went through multiple deploy- cess certain parts of the world. Those of denial and use peer-reviewed, sound ments as a Navy SEAL, and there was consequences are among the national scientific information to guide our de- never any quit in him. In 2003, he was security threats that climate change cisionmaking in order to create a resil- injured in a simulation round during a raises, and deniers do no great service ient future for our children and grand- training exercise with a miniature to our national defense. children. paint ball that the military uses. Connecticut knows firsthand the visi- I yield the floor. Somehow it got underneath his eye ble impacts of climate change because The PRESIDING OFFICER. The Sen- protection and hit him in the eye, and we see the mammoth storms that ator from Arkansas. as a result he lost his eye, but, as he al- threaten to become the new normal in HONORING OUR ARMED FORCES ways did, he looked on the bright side. our world, causing rising tides, de- CHIEF PETTY OFFICER ADAM BROWN He got a glass eye with an Arkansas stroying homes, literally changing the Mr. COTTON. Mr. President, the Sen- Razorback on it, and he would put on a nature of our shoreline and impacting ate will pass legislation renaming Post pirate patch and play pirate with his our quality of life. Office 620 Central Avenue in Hot two little kids, Nathan and Savannah. No one State can address climate Springs National Park after CPO Adam It didn’t stop him from continuing to change effectively, and that is why we Brown. deploy as a Navy SEAL. need the Nation to act together and I have visited that post office many He was later involved in a multicar why climate change denial is so dan- times as a child, as a Congressman, and accident while deployed. His hand was gerous to our national security, not as a Senator. I can’t say there is all crushed and three fingers were severed. only in military terms but also in the that much remarkable about it, but it The doctors were able to reattach it, very real terms of how we conduct our will be remarkable after this law is but it could no longer be used. Of lives in this country. We need a coordi- passed. course, he was eligible to leave the nated, comprehensive approach, and I didn’t know Adam Brown, but military because of his combat injury, yet some groups would have you be- Adam was about my age. Adam was a but he didn’t do that. He learned to lieve that no action is necessary—none great warrior and a hero. Three years shoot with the other hand and use his at all. They say that any measures are ago on Memorial Day in Hot Springs, a other eye when shooting. In fact, he a waste of time and resources. They gentleman came up to me after I spoke went on to become a member of SEAL say that any measures to stop food sup- and handed me a book titled ‘‘Fear- Team Six, the most elite element of plies from disappearing, forest fires less’’ by Eric William. It is a New York the Navy SEAL community. from spreading, and storms from rag- Times bestseller. It tells the story of He continued to deploy and fight but ing are simply unnecessary. They have Adam Brown. That title captures his also showed deep compassion. In Af- no evidence to support their claims, spirit. He was fearless, relentless, and ghanistan, he noticed that many of the but, indeed, they have to distort the also a joyful and Godly man. As a child poor, little Afghan children didn’t even evidence that exists even to make in Hot Springs, he was the one who al- have shoes on their feet on the darkest, those claims. ways lined up to hit the biggest kid in coldest days of winter, so he arranged Just last year, we discovered that football. He would jump off a bridge for a local pastor in his community to Exxon projects into its planning a into the local lake and jump out of send shoes that he could give to them. model that it described for itself as trucks. Adam was an all-American boy. On March 17, 2010, Adam was on a ‘‘too murky to warrant action.’’ They During his teenaged years, Adam suc- mission high up in the mountains in planned for themselves but not for the cumbed to addiction. He began to Afghanistan. His unit came under in- people, including their own customers. drink, started to use marijuana, be- tense enemy fire. Adam helped to save They would be ready for climate came addicted to cocaine, and that led the lives of his fellow SEALS, taking change but would make sure that no to many crimes. At one point, he had multiple rounds himself, and he ulti- one else could be by adopting a model 16 outstanding felonies. mately perished as a result of his and making it their business model—or Larry and his mother Janice didn’t wounds. Adam received a hero’s wel- part of it—that implicitly, internally, know what to do, so they told the sher- come in Hot Springs, where he rests they felt they could not reveal pub- iff where he was, and he was arrested. today. licly. Adam went to Teen Challenge, a Chris- Adam’s story is about faith, redemp- Some groups have adopted more cov- tian ministry dedicated to helping tion, service, and love. When little boys ert efforts to sabotage science. The youth overcome addiction. Through his and little girls drive by that post office American Legislative Exchange Coun- faith in God, love of his parents, and in Hot Springs in the future, I hope cil, better known by its acronym

VerDate Sep 11 2014 05:36 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.074 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4993 ALEC, denies that its policy denied cli- Tom Emberton, former chief judge of Mr. President, area publication the mate change. ALEC commits to fight- the Kentucky Court of Appeals and a Herald News recently published an ar- ing science in the shadows because it man with a long career of renowned ticle detailing Judge Emberton’s life has no facts to bring into the sun. In- service, will be honored as a member of and career. I ask unanimous consent deed, its proposed bill, the Environ- WKU’s Hall of Distinguished Alumni that the article be printed in the mental Literacy Improvement Act—a this October. It is the highest award RECORD. very innocuous bill—actually seeks to the university can bestow upon an There being no objection, the mate- serve as a stamp of approval on teach- alumnus. rial was ordered to be printed in the ing climate change denial in science Judge Emberton recalls that his RECORD, as follows: classrooms. great aunt began the family tradition [From the Herald News, June 29, 2016] These tactics exist because when of attending WKU, and his mother at- JUDGE EMBERTON HONORED BY WKU groups like ALEC or Americans for tended also. Tom met his wife at WKU, (By Shirley Mayrand) Prosperity stand ready to deny the and their two children and all but one Every couple of years we’re reminded of truth, some part of our people will be- of their grandchildren attended as well. why we’re so proud of Judge Tom Emberton. lieve it. Tom was an active member of the In 2014 he received the Jim C. Coleman Com- One leader of the Americans for Pros- WKU community during his time on munity Service Award, and in October he campus. He was named business man- will join WKU’s Hall of Distinguished Alum- perity group, when asked about the ni during WKU’s 2016 Homecomings Celebra- science of climate change, responded: ager of the College Heights Herald, elected president of his sophomore and tion at the Sloan Convention Center. It ‘‘I don’t even want to argue the point. brings back some fond memories. To me, it’s not that important.’’ junior classes, and president of his fra- ‘‘Western has always been a part of my This web of denial has consequences. ternity. He temporarily interrupted his life,’’ Tom said, ‘‘even from a small first It delays and distorts common aware- studies to serve in the U.S. Air Force, grader. My mother went to Western.’’ His ness and consciousness about the truth where he was part of the Strategic Air mom finished a year of college and then got a teaching job at a Monroe County school and the need to act. Command under Gen. Curtis LeMay. After graduation in 1958, Tom began where they lived at the time. Tom recalls One of my colleagues compared this a long history of public service to the how she told him as a first grader he could web of denial to actions of tobacco people of Kentucky. In 1965, he was continue to have fun when he got to West- companies decades ago denying that ern. elected county attorney. In 1967, he smoking and tobacco could cause can- The family moved to Metcalfe County worked on the winning campaign for cer or heart disease or any of the other right after World War II ended and Tom Louie Nunn for Governor, the first Re- serious illnesses that tobacco use graduated from Edmonton High School. He publican Governor to be elected in the attended one semester at Western before causes, in addition to the lifetime ad- Bluegrass State in 20 years. After the going into the U.S. Air Force where he was diction to nicotine that inevitably was campaign, Governor Nunn asked Tom part of the Strategic Air Command under a consequence to so many people who to serve as his chief administrative General Curtis LeMay. ‘‘His mission,’’ Tom believed those tobacco companies. explained, ‘‘was that if Russia could get an aide. atomic bomb off in this country, that we That web of denial was similar to this Tom then became the Republican one. The tobacco companies knew the could respond to that in 15 minutes.’’ nominee for Governor himself in 1971. I In 1955, Tom returned home to resume his truth. They denied it. These deniers remember the campaign well, as I education at Western. He credits his great also know the truth. Our purpose in worked on it for Tom. I had left my po- aunt with starting the family tradition of at- being here today is to make sure the sition as a legislative aide here in the tending WKU. She enrolled in 1909, just three American people know it as well. U.S. Senate for Kentucky Senator years after it opened. (H.H. Cherry purchased Groups like ALEC and Americans for Marlow Cook to go back to Kentucky full ownership of the school in 1899 and the Southern Normal School part of the institu- Prosperity may receive support from to work for Tom’s campaign because I the economic interests that have a tion became Western Kentucky State Nor- believed in him and in what he could do mal School in 1906.) stake in hiding the truth, but ulti- for the Commonwealth. Unfortunately, Tom met his wife, Julia there, their two mately the American people need to Tom did not win that race, but he cer- children attended and all but one of their know it, they need to act on it, and tainly emerged from it as a man who grandchildren. they need to appreciate the motives had earned admiration and respect Tom believes that his active role at WKU and interests of the web of denial that around the State. We all knew great was what earned him the honor of being se- lected for the Hall of Distinguished Alumni. is spun so artfully and relentlessly by things were in store for Tom. these groups and the special interests As a student he was named business manager Tom continued to practice law in of the College Heights Herald, elected presi- that underlie them and support them. Barren and Metcalfe counties. Then in dent of his sophomore and junior classes and I wish to thank my colleagues who the late 1980s, he was appointed by president of his fraternity. have come to the floor today, particu- then-Governor Wallace Wilkinson to Continuing on to the University of Louis- larly Senator WHITEHOUSE, who has the Kentucky Court of Appeals. He was ville to pursue a law degree, he continued been so instrumental in organizing this reelected to that panel repeatedly and student leadership activities. He was the group. had a long and distinguished career, president of the Delta Theta Phi fraternity I yield the floor. capped off by being elected chief judge and president of the Student Bar Associa- The PRESIDING OFFICER. The Sen- tion. ‘‘It’s those things that the alumni asso- by his fellow judges after several years ciation looked at to see what you’d done, ator Arkansas. of service. He held that chief judge slot rather than just walk into class.’’ Tom got f until his retirement from the bench in his law degree in 1962 and was elected as 2004. county attorney in 1965. MORNING BUSINESS To this day, Tom is still active in his In 1967, Tom was tapped by Louis Nunn to Mr. COTTON. Mr. President, I ask community with many volunteer and assist in his campaign for governor. When unanimous consent that the Senate be philanthropic activities. He is also an Nunn won the election he asked Tom to in a period of morning business, with avid reader, and I know one of his fa- move to Frankfort and be his chief adminis- Senators permitted to speak therein vorite places to relax is in his office trative aide. At that time a governor could only serve one four-year term. Tom’s own for up to 10 minutes each. surrounded by books. bid for the governorship ended after winning The PRESIDING OFFICER. Without Western Kentucky University has the Republican primary, and he returned to objection, it is so ordered. certainly made the right choice in se- the farm at Cave Ridge to practice law in f lecting Judge Tom Emberton as a dis- Barren and Metcalfe counties, where he tinguished alumni. My friend Tom is brought Jim C. Coleman in as a law partner. TRIBUTE TO JUDGE TOM highly deserving of this honor, and I Around 1976, Tom opened the Southern EMBERTON am sure his family is very proud of him Mineral coal mine in Hyden (Lesley County), KY. Coal was very lucrative at the time, but Mr. MCCONNELL. Mr. President, I and all he has accomplished. I know wish to pay tribute to a good friend within a few years the bottom dropped out my U.S. Senate colleagues join me in and he returned to law once again. and mentor of mine who is receiving a congratulating Judge Emberton for Over his long, successful career, his great- great honor from his alma mater of this recognition and wishing him the est satisfaction came while serving as a Ken- Western Kentucky University. Judge very best in his future life endeavors. tucky Court of Appeals Judge. He was first

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.076 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4994 CONGRESSIONAL RECORD — SENATE July 12, 2016 appointed around 1988 to fill a vacancy, then Ms. STABENOW. No, the bill does sugars, or high fructose corn syrup that have was re-elected to the 14-judge panel repeat- not prohibit the labeling of products been produced or developed from genetic edly until he retired in 2004 after being elect- developed using gene editing tech- modification techniques. As a practical mat- ed Chief Judge in 2001. From 2004 to 2009 he niques, including RNAi and CRISPR. ter of implementation, the Department was required to substitute as necessary. would look not only at the definition in Sec- ‘‘I made the mistake of buying a bunch of Additionally, the bill gives the USDA tion 291(1) regarding the genetically modified cattle. I’ve been an avid reader all my life, broad authority to periodically amend crops used to produce the refined or ex- and I made plans that when I retired I was its labeling regulations to ensure that tracted materials, but also consider author- just going to sit up here (in my office) and there are no new scientific bio- ity provided under Section 293(b)(2)(B) and read. I haven’t gotten through ten percent of technology methods that may escape Section 293(b)(2)(C) with respect to the them and I’m 84 years old.’’ any overly prescriptive statutory defi- amount of a bioengineered substance present Reminiscing once more on WKU, Tom con- nition of biotechnology. and other factors and considerations which cluded, ‘‘I worked at a filling station greas- might deem the product to be considered bio- ing cars and changing tires during high Mr. LEAHY. I thank the Senator engineered food. school. If it had not been for Western; if Dr. from Michigan for joining me in this If needed, my team and our USDA pro- Cherry had decided not to set a building in colloquy for the purpose of bringing grammatic and scientific experts are avail- Bowling Green . . . I’d probably still be greater clarity to the congressional in- able to discuss any aspects of the legislation doing that today.’’ tent regarding the definition of GMO in greater detail at your request. Please do not hesitate to reach out. f products contained in this bill. Sincerely, I ask unanimous consent that the NATIONAL BIOENGINEERED FOOD JEFFREY M. PRIETO, USDA general counsel’s response letter DISCLOSURE STANDARD General Counsel. dated July 1, 2016, be printed in the f Mr. LEAHY. Mr. President, I wish to RECORD. join my colleague from Michigan, the There being no objection, the mate- ASSASSINATIONS OF ranking member of the Senate Agri- rial was ordered to be printed in the ENVIRONMENTAL ACTIVISTS culture Committee, Senator STABENOW, RECORD, as follows: Mr. LEAHY. Mr. President, it has in a colloquy regarding the scope of the UNITED STATES DEPARTMENT been 4 months and 8 days since Berta products that could be labeled under OF AGRICULTURE, Caceres, an internationally respected the GMO labeling legislation. July 1, 2016. indigenous Honduran environmental Does the Senator from Michigan be- Hon. DEBBIE STABENOW, activist, was shot and killed in her lieve that the definition of GMO in- Ranking Member, Senate Committee on Agri- home. Ms. Caceres had led her Lenca cluded in this bill prohibits the label- culture, Nutrition, and Forestry, Wash- community in a campaign over several ington, DC. ing of highly refined products derived years against the Agua Zarca hydro- DEAR SENATOR STABENOW, Thank you for from GMO crops, including soybean oil electric project financed in part by a made from GMO soybeans, high fruc- your letter of June 29, 2016, inquiring as to the scope and applicability of the GMO label- Honduran company, Desarrollos tose corn syrup made from GMO corn, ing legislation currently pending before the Energeticos, DESA, on the Gualcarque and sugar made from GMO sugar beets? U.S. Senate. The United States Department River, which the Lenca people consider Ms. STABENOW. I thank the Senator of Agriculture, as the lead implementing to be sacred. from Vermont for joining me in this agency, has carefully studied this legislation Honduran police officers tampered colloquy for the purpose of bringing from legal, program policy, and scientific as- with the crime scene, and they and greater clarity to the definition in- pects. I will respond in turn below to the some Honduran government officials questions raised in your letter. cluded in this bill and the scope of sought early on to falsely depict the GMO products that could be labeled. (1) Please explain whether the GMO Label- ing Law provides authority to the USDA to killing as a crime of passion. But that The intent of this legislation is to require labeling of food products that con- dishonest strategy failed, and five indi- create a national mandatory disclosure tain widely used commodity crops, like corn, viduals were subsequently arrested, in- standard for GMO foods. This bill gives soybeans, sugar, and canola, which have been cluding a DESA employee and active USDA broad authority to determine, genetically modified, as defined by Section duty and retired army officers, for through rulemaking and with impor- 291(1)? which Honduran Attorney General tant input from the public and sci- Section 291(1) of the Senate bill provides Oscar Fernando Chinchilla and inves- authority to include food in the national dis- entific community and after review of tigators provided by the U.S. Embassy both State and international laws, closure program, including all of the com- mercially grown GMO corn, soybeans, sugar, deserve credit. what foods will be subject to this bill’s and canola crops used in food today and re- It is widely believed, however, that mandatory disclosure standard, includ- viewed and approved by USDA’s Bio- the intellectual authors of that horrific ing highly refined products derived technology Regulatory Service. crime remain at large. While the attor- from GMO crops and products devel- (2) Please explain whether the GMO Label- ney general’s investigation is con- oped using gene editing techniques. ing Law provides authority to the USDA to tinuing, as it should, I and others have The USDA general counsel, in a re- require labeling of food products that con- repeatedly called on the Honduran sponse letter dated July 1, stated that tain genetically modified material, which re- Government to also support a thor- the Department has broad authority sult from gene editing techniques? Section 291(1) of the Senate bill provides ough, independent, international inves- under this bill to require labels on authority to include food in the national dis- tigation of the Caceres case under the GMO foods and products, including all closure program, including products of cer- auspices of the Inter-American Human commercially available GMO corn, soy- tain gene editing techniques. This would in- Rights Commission. Given Honduras’s beans, sugar beets, and canola crops clude novel gene editing techniques such as history of impunity for such crimes used in food today. CRISPR when they are used to produce and the public’s understandable dis- To answer your specific question, no, plants or seeds with traits that could not be trust of the justice system, it is imper- this bill does not prohibit the labeling created with conventional breeding tech- ative that such an inquiry be con- niques. In addition, the definition provides of highly refined products derived from ducted expeditiously. GMO crops including soybean oil made authority to include RNAi techniques that have been used on products such as the non- Ms. Caceres’ death was one of scores from GMO soybeans, high fructose corn browning apple and potato. of killings in the past decade of envi- syrup made from GMO corn, and sugar (3) Please explain whether the GMO Label- ronmental activists, journalists, made from GMO sugar beets. ing Law provides authority to the USDA to human rights defenders, and other so- Mr. LEAHY. Does the Senator from require labeling of food products, which may cial activists in Honduras. Hardly any- Michigan also believe that the defini- or may not contain highly refined oils, sug- one has been punished for any of those tion of GMO food included in this bill ars, or high fructose corn syrup that have crimes. In fact, the rate of conviction prohibits the labeling of ingredients been produced or developed from genetic for homicide in Honduras is less than 5 from plants genetically modified modification techniques, as defined by Sec- tion 291(1)? percent. through new and yet to be developed Section 291(1) of the Senate bill provides If that were not bad enough, just 2 gene editing techniques in addition to authority to include food in the national dis- weeks after Ms. Caceres’s death, Nelson the recombinant DNA editing tech- closure program, including products which Garcia, another indigenous environ- nique mentioned in the bill? may or may not contain highly refined oils, mental activist, was fatally shot in Rio

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.033 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4995 Chiquito after helping dozens of resi- have all shared a tolerance for corrup- While there is no cure for dents move their belongings when gov- tion and impunity, and I regret to say gastroparesis, some treatments, such ernment authorities evicted them from that, despite this, they were supported as dietary measures, medications, pro- land they had occupied. by the United States. Top officials and cedures to maintain nutrition, and sur- And on July 6, 2016, Lesbia Janeth their families have gotten rich, while gery, can help reduce symptoms. Un- Urquia, also a member of the indige- the vast majority of the population is fortunately, gastroparesis is a poorly nous rights organization COPINH, trapped in poverty and struggle to sur- understood condition, and so patients Civic Council of Popular and Indige- vive. often suffer from delayed diagnosis, nous Organizations of Honduras, which During those years the United States treatment, and management of this Ms. Caceres led, was found stabbed to spent billions of dollars on programs disorder. As such, further research and death. Her body was left at a municipal purportedly to raise living standards, education are needed to improve qual- garbage dump in the town of Marcala reform the police, and improve govern- ity of life for this patient population. in the western department of La Paz. It ance. The results have been dis- I want to recognize the important ef- is shocking that her death was report- appointing. While there are many ex- forts of the International Foundation edly one of four murders in a period of planations, I believe the lack of polit- for Functional Gastrointestinal Dis- 5 days in that town alone, which trag- ical will on the part of those govern- orders, IFFGD, an international orga- ically illustrates the appalling extent ments and the willingness of successive nization based in my home State of of lawlessness in Honduras today. U.S. administrations to ignore or ex- Wisconsin, as well as other patient or- No one has been arrested for Ms. cuse the corruption and abuses played ganizations, in providing education and Urquia’s assassination, and it is too a big part. We owe it to the people of support to help those affected by soon to assign a motive, but there are those countries and to American tax- gastroparesis. disturbing similarities with the payers to not repeat those costly mis- I urge my fellow colleagues to join Caceres case. takes. me in recognizing August as National In the first place, before conducting Finally, it is important to note that Gastroparesis Awareness Month in an an investigation, the police speculated the persecution and killings of environ- effort to improve our understanding publicly, without citing any credible mental activists is a worldwide phe- and awareness of this condition, as well evidence, that the crime was the result nomenon, as documented by Global as support increased research for effec- of a robbery, a family dispute, or extor- Witness in its June 2016 report ‘‘On tive treatments for gastroparesis. Fur- tion. This is what we have come to ex- Dangerous Ground.’’ More than three thermore, I encourage the Department pect of some members of the Honduran people were killed each week in 2015 de- of Health and Human Services to rec- police. fending their land, forests, and rivers ognize and include Gastroparesis Beyond that, Ms. Urquia had report- against destructive industries. Awareness Month in their list of Na- edly been at the forefront of a commu- The report lists 185 killings in 16 tional Health Observances. nity struggle against a privatized hy- countries—the highest annual death Thank you. droelectric project along the Chinacla toll on record and more than double f River in Marcalas, La Paz. Like Agua the number of journalists killed in the TRIBUTE TO GENERAL LLOYD J. Zarca, the Chinacla project has the same period. In Brazil alone, 50 such AUSTIN III support of top Honduran Government activists died. Just last week, we officials and was being implemented learned of the assassination of Ms. Glo- Mr. MCCAIN. Mr. President, today I without the consent of the local com- ria Capitan, an environmental activist honor an exceptional military leader munities whose lives will be most dis- who opposed the construction and pres- and warrior. After nearly 41 years—a rupted by it. ence of coal stockpile facilities in lifetime of service to our Nation—GEN Last year the Congress, with my sup- Lucanin, Bataan province of the Phil- Lloyd J. Austin III retired from the port, provided $750 million to help El ippines. U.S. Army, having served most re- Salvador, Guatemala, and Honduras So in this regard, Honduras is not cently as the commander of U.S. Cen- address the poverty, violence, injus- unique, but its government is seeking tral Command. On this occasion, I be- tice, and other factors that contribute substantial economic and security as- lieve it is fitting to recognize General to the flood of unaccompanied minors sistance from the United States. In Austin’s many years of uniformed serv- to the United States. On June 29, 2016, order for us to justify that assistance, ice to our Nation. the Senate Appropriations Committee, the Honduran Government needs to Over the course of his military career again with my support, approved an- demonstrate that it has met the condi- spanning more than four decades, Gen- other $650 million for these countries. tions in our law and is taking the nec- eral Austin took on many of the tough- A portion of these funds is for direct essary steps to bring those responsible est assignments; he led troops in com- assistance for their central govern- for these crimes to justice. bat. Most recently, he served as the ments and is subject to the Secretary f combined forces commander, over- of State certifying that they have met seeing the military campaign to defeat certain conditions. In the case of Hon- NATIONAL GASTROPARESIS ISIL in Iraq and Syria. General Aus- duras, how that government resolves AWARENESS MONTH tin’s stellar career was also filled with conflicts with local communities over Ms. BALDWIN. Mr. President, I a number of firsts. He was the first Af- the exploitation of natural resources, would like to bring attention to the es- rican American to command an Army such as the Agua Zarca and Chinacla timated 5 million Americans suffering division in combat, the first to com- hydro projects and others like them, from gastroparesis in observance of Na- mand an Army corps in combat, the and its investigations of the killings of tional Gastroparesis Awareness Month first to command an entire theater of Berta Caceres, Nelson Garcia, Lesbia in August. war, and the first African-American Urguia, and other activists will factor Gastroparesis is a chronic medical Vice Chief of Staff of the Army and heavily in whether I will support the condition in which the stomach cannot commander of U.S. Central Command. release of those funds. empty properly in the absence of any But this quiet warrior does not focus The government’s efforts to protect observable blockage. The condition can on his own accomplishments, and he civil society activists and journalists, affect people of all ages, but it is four never takes his eyes away from the who for years Honduran Government times more likely to affect women mission. officials and law enforcement officers than men. The symptoms of General Austin is a soldier’s soldier. have treated as criminals and legiti- gastroparesis, which include nausea, He earned a well-deserved reputation mate targets for threats and attacks, vomiting, and inability to finish a nor- as a leader others wanted to follow into will also be a factor. mal-sized meal, can be debilitating and battle. On many occasions, they did. I have followed events in El Salvador, sometimes life threatening. The condi- Many soldiers have talked about Gen- Guatemala, and Honduras since the tion can lead to malnutrition, severe eral Austin’s inspiring leadership, par- 1980s. I have watched governments in dehydration, and difficulty managing ticularly under demanding conditions, those countries come and go. They blood glucose levels. including combat. He was gifted with

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.068 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4996 CONGRESSIONAL RECORD — SENATE July 12, 2016 the ability to inspire confidence in his Colonel Schaefer was a brave man, that, a few yards into a walk down the troops and young leaders. He always who endured the unthinkable, and his trench he shared with three other GIs led them from the front, and he en- sacrifices should be remembered for- from the 45th Infantry, a German shell sured they were successful in any and ever. hit close by, killing two of his friends all endeavors. We saw this at the out- Thank you. and taking off the arm of the third. set of the Iraq war in 2003 when, as the f Felix often recounted seeing photos of assistant division commander for ma- his friends’ children and lamented that REMBERING FELIX AND MARIA neuver for the 3rd Infantry Division, he they ‘‘never knew what happened to NORAT helped to spearhead the invasion, ma- their father.’’ neuvering the division from Kuwait to Mr. SCHUMER. Mr. President, I Felix and Maria sold the motel in Baghdad in a record 22 days. We saw it would like to honor the memory of 1984, retired, and moved to Naples, FL, in Afghanistan in 2003–2004, when he SGT Felix Norat and his wife, Maria, a few years later, where they spent was the commander of Combined Joint two remarkable New Yorkers who were their final years in retirement reflect- Task Force-180. We saw it again in Iraq interred at Arlington National Ceme- ing on the war and on their lives to- in 2008 when, as the commander of tery last week. Sergeant Norat was a gether. Multi-National Corps-Iraq during the WWII veteran who served in the Let the record show that this body period when the surge forces were Army’s 45th Infantry Division. His recognizes the faithful service of Felix drawing down, he helped to achieve bravery and heroism earned him a and Maria Norat and their contribu- greater stability in the country. We Bronze Star for Valor, as well as a Pur- tions to this country. May their chil- saw it once more in Iraq in 2010–2011 ple Heart. Maria was a native of Puerto dren, grandchildren, and great-grand- when, as commander of U.S. Forces- Rico who worked for the War Depart- children accept the thanks of a grate- Iraq, he oversaw the successful comple- ment in New York City. Maria and ful nation. tion of Operations Iraqi Freedom and Felix were married nearly 70 years, a Thank you. New Dawn. testament to their love and devotion to f In an age of tweets and blogs, Gen- one another. I would like to commit HONORING OFFICER ASHLEY eral Austin never seeks the limelight, their story—a quintessentially Amer- GUINDON preferring to let his actions speak for ican story—to the CONGRESSIONAL themselves. He is a consummate pro- RECORD today. Ms. AYOTTE. Mr. President, today I fessional, and our Nation and its Mr. Norat’s unit, the 45th Infantry of rise to recognize the extraordinary life Armed Services will feel the loss of the Army, was one of the most battle- and service of a true hero and dedi- this distinguished officer, gifted leader, tested divisions of the entire war, and cated public servant whose time was and highly decorated warrior. I join my Mr. Norat was still among it when the tragically cut short, Officer Ashley fellow members of the Senate Armed division came to Munich days before Guindon of Merrimack, NH. Services Committee in expressing my the Germans surrendered. Born and raised in Merrimack, NH, respect and gratitude to GEN Lloyd Mr. Norat’s late wife, Maria, upon Officer Guindon graduated from Austin for his outstanding and selfless moving to New York, rented a room Merrimack High School in 2005. She service to our Nation. I wish him and from her future mother-in-law, who no- later joined the Marine Corps following his wife, Charlene, all the best. ticed Maria’s penmenship and asked graduation, honoring the service of her her to rewrite her letters to her son father, New Hampshire Air National f who was fighting in Europe. Often, Guard member David Guindon, who REMEMBERING COLONEL THOMAS Maria would include a note of her own passed away after returning from serv- SCHAEFER at the bottom of each letter, encour- ing in Iraq. Mr. SCHUMER. Mr. President, I aging Felix and wishing him well. She In her high school yearbook she come to the floor today to honor a be- later recounted, in an interview with wrote, ‘‘As I take flight it only makes loved U.S. Air Force hero, COL Thomas the local newspaper, ‘‘I was telling him me closer to [you] daddy. Mom, thanks E. Schaefer, who sadly passed away on how proud we were that he was serving for everything it’ll be a long road but May 31. this great country and how beautiful we can manage and it will only make In 1979, Colonel Schaefer was among that was,’’ she said. ‘‘I never thought I [you] stronger.’’ Underneath her pic- those taken hostage in Iran while serv- was going to fall in love.’’ ture in her high school yearbook, the ing as a senior military attache to the But that is what happened. When caption read, ‘‘live for something rath- U.S. Embassy. From November 4, 1979, Sergeant Norat returned home and met er than die for nothing.’’ Officer to January 20, 1981, Colonel Schaefer Maria, it was love at first sight. For Guindon did live for something. She survived 444 days of captivity, but Maria, it was nice to meet the man lived for her country and she answered never allowed his ordeal or his captors whom she would encouraged and writ- the call of duty. to undermine his spirit thanks to a ten; love came more gradually. The Officer Guindon began her career strong faith in God. To keep his mind couple courted for 2 years and married with the Prince William County Police alert during that time, he read over 250 in November 1947. Sergeant Norat at- Department in Virginia and was sworn books, walked over 200 miles in his tended Brooklyn College for engineer- in as a police officer on February 26, room to keep warm, and studied Ger- ing and worked in the construction 2016. Tragically, she was killed in the man. business after 2 years. He and Maria line of duty on her first day. Throughout this time, he overcame bought oceanfront property and built Officer Guindon responded to an this adversity with bravery, endurance, the Ocean Beach Motel in Montauk emergency call on her first day of duty and a spirit that became an inspiration Point, NY. as an officer with the same sense of for his friends, family, and all Ameri- Though life moved on, the wounds professionalism and dedication dem- cans—many of whom greeted him with and aftershocks of war did not so onstrated by the very best of our law open arms in 1981 following his release quickly fade. Throughout the year enforcement community. Officer when he returned to his hometown, after he returned home, if Felix heard Guindon responded quickly and com- Rochester, NY. anything that resembled a mortar passionately, embodying her true spirit Originally from Rochester, NY, whizzing by, he would instinctively of selflessness. Her caring manner and where much of his family and many take cover, a result of several close en- desire to help those in need will not be friends still reside today, Colonel counters with mortar fire. During the forgotten. Schaefer made a lasting impact on the invasion in southern France, he sus- Officer Guindon left behind her moth- community through speaking pub- tained a serious injury from a mortar er, Sharon, and her beloved family pug, lically about his experiences. He want- shell, resulting in an extended hos- Scout. We are deeply saddened by the ed each and every person to know that pitalization in Italy and for which he loss of Officer Ashley Guindon, an ex- they possess an inner strength which earned a Purple Heart. In his later traordinary young woman who served allows them to overcome any challenge years, he also recounted the story of a our country and her community with that may present itself in their lives. stroll that saved his life. Felix reported honor, courage, and dedication. She

VerDate Sep 11 2014 05:36 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.063 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4997 represented the very best of our law en- his accomplishments. Instead, Jim REMEMBERING RONDA BYRD forcement community, and it is an lived by the motto ‘‘family first,’’ SCOTT honor to recognize her service. She will which was very apparent to anyone ∑ Mr. DAINES. Mr. President, today I be truly missed and my thoughts and who knew him. Jim and his wife, Val- must share some bittersweet news prayers remain with her family. We erie, were married for 30 years. To- about a beloved Montana woman. After will never forget Officer Guindon’s gether they had four wonderful chil- a long life of dedicated service and service and sacrifice to keep us safe. dren—a son, Jimmy, and daughters, leadership CSM Ronda Scott passed f Colleen, Katie, and Erin. away on July 7, 2016. ADDITIONAL STATEMENTS I am honored to recognize Lieutenant Ronda attended Helena High School Jim Geraghty and his tremendous con- in 1972 and receiving her associates de- tributions to New Hampshire as the gree from Western Montana College REMEMBERING LIEUTENANT commander of the major crimes unit. Ronda and went on to become an influ- JAMES ‘‘JIMMY’’ GERAGHTY Jim was an amazing individual and a ential member of the National Guard committed family man. There is no ∑ Ms. AYOTTE. Mr. President, today I in 1975. Ronda’s dedication to her coun- question that he lived his life with wish to recognize and honor the excep- try and her tenacious spirit was re- great dedication, courage, and integ- tional service and the extraordinary warded when she was elevated to the rity. life of New Hampshire State Police rank of command sergeant major, a Lieutenant James ‘‘Jimmy’’ Geraghty We are all deeply saddened by the un- first for a Montana woman. She served of Bedford, NH. I join his family, his timely loss of this true hero, a dear her State, her country, and her fellow friends, and the law enforcement com- friend, and a beloved father, Lieuten- soldiers selflessly as a member of the munity in New Hampshire in mourning ant Jim Geraghty. My thoughts and honor guard and served in Operation Jim’s passing after a courageous battle prayers remain with Valerie, Jimmy, Iraqi Freedom. During her 34 years of service, she re- with cancer. I had the honor of work- Colleen, Katie, and Erin. I continue to ceived multiple honors and distinc- ing with Jim over the years, and I offer my deepest condolences and grati- tions, including the Bronze Star and know that he made a positive dif- tude for Jim’s life and his work. Jim the Legion of Merit Medal. After retir- ference for so many people in our gave so much to New Hampshire and ing in 2009, Ronda continued to dedi- State. Jim truly embodied a life of our Nation and truly represented what ∑ cate her life to others. However, this service, a life of heroism, and a life of it means to be an American. time her priorities were her beloved integrity. grandchildren and the community of Lieutenant Geraghty served honor- f Helena. Not only was she a leader in ably in the U.S. Army for 5 years, uniform, she volunteered her time for where he was stationed at Fort 275TH ANNIVERSARY OF EPPING, events and organizations such as Race Benning in Georgia, Fort Polk in Lou- NEW HAMPSHIRE for the Cure, the American Legion, the isiana, and Fort Richardson in Arkan- ∑ Ms. AYOTTE. Mr. President, today I Wine Fair, and many other veteran sas. Ultimately, he earned the rank of wish to honor Epping, NH—a thriving service organizations. sergeant and received an honorable dis- community in Rockingham County Ronda fought her final battle against charge. After courageously serving our that is celebrating the 275th anniver- bone cancer and graciously lost the ul- Nation, he then returned home to New sary of its founding. I am proud to join timate fight we will all face one day. Hampshire and embarked on a career citizens across the Granite State in Those close to her say that, despite the in law enforcement, first serving as a recognition of this historic event. circumstances, she never lost her police officer in the Hudson Police De- cheerful spirit or love of life. I thank partment, after which he became a The land where Epping stands today Ronda for her service and the impact trooper for the New Hampshire State was given by the town of Exeter in 1710 she left on the city of Helena—she police. as the part of the ‘‘Great Land Give- truly paved the way for Montana Jim was a member of the New Hamp- away.’’ In 1741, Epping officially sepa- women. I hope she finds rest and that shire State police for 24 years and rose rated from the town of Exeter and was her family finds joy in all the wonder- to the rank of commander of the New established under Governor Benning ful memories she left behind.∑ Hampshire State police major crimes Wentworth during the westward expan- unit—a post in which he served until sion of New Hampshire. f he became ill last year. Lieutenant Epping is renowned for its many MESSAGES FROM THE HOUSE Geraghty handled some of the most brickyards that thrive off the town’s supply of naturally occurring clay. ENROLLED BILLS SIGNED troubling and horrific cases. He always At 10:02 a.m., a message from the conducted himself with incredible dedi- While the first brickyard did not open until 1840, many previous generations House of Representatives, delivered by cation and commitment. Mrs. Cole, one of its reading clerks, an- In 2009, Lieutenant Geraghty led the learned the trade and produced their own bricks. Evidence of their hard nounced that the Speaker has signed investigation into the brutal Mont the following enrolled bills: Vernon homicide that focused on mul- work is still visible today and indic- ative of the nature of Epping’s resi- H.R. 1777. An act to amend the Act of Au- tiple, juvenile defendants and was a gust 25, 1958, commonly known as the ‘‘complex, and extremely time-con- dents. ‘‘Former Presidents Act of 1958’’, with re- suming investigation.’’ Despite these Epping has produced three New spect to the monetary allowance payable to challenges, Jim’s thoroughness and Hampshire Governors, the most nota- a former President, and for other purposes. professionalism as commander of the ble being William Plummer. Governor H.R. 4372. An act to designate the facility major crimes unit allowed the prosecu- Plummer was a lawyer, a Baptist of the United States Postal Service located tion to successfully convict all the de- preacher, a historian, and an author. at 15 Rochester Street, Bergen, New York, as the Barry G. Miller Post Office. fendants involved. He was also one of New England’s first H.R. 4960. An act to designate the facility As New Hampshire’s former attorney weathermen, recording weather condi- of the United States Postal Service located general, I worked closely with the tions daily from 1796 to 1823. at 525 N Broadway in Aurora, Illinois, as the major crimes unit, and those of us who Steeped in a rich history of hard ‘‘Kenneth M. Christy Post Office Building’’. had the privilege of working with Jim work and dedication, Epping is a shin- The enrolled bills were subsequently saw his natural talent for leadership ing example of what makes New Hamp- signed by the President pro tempore and keen ability to work collabo- shire great. This year, on the occasion (Mr. HATCH). ratively with others. He represented of Epping’s 275th anniversary of its The message further announced that the very best of New Hampshire’s law founding, I am proud to join the more the House agrees to the amendment of enforcement officers. than 6,000 residents in celebrating this the Senate to the text of the bill (H.R. While Jim was known for his many special milestone and Epping’s many 636) to amend the Internal Revenue professional accolades, he was a hum- wonderful contributions to New Hamp- Code of 1986 to permanently extend in- ble man who never wanted to discuss shire and our Nation.∑ creased expensing limitations, and for

VerDate Sep 11 2014 05:36 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.072 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4998 CONGRESSIONAL RECORD — SENATE July 12, 2016 other purposes, and agrees to the issuing certain geographic targeting orders, Executive Director at the International amendment of the Senate to the title and for other purposes. Monetary Fund to support the capacity of of the bill, with an amendment and an H.R. 5607. An act to enhance the Depart- the International Monetary Fund to prevent amendment to the title, in which it re- ment of the Treasury’s role in protecting na- money laundering and financing of ter- tional security, and for other purposes. rorism; to the Committee on Foreign Rela- quests the concurrence of the Senate. H.R. 5636. An act to increase the effective- tions. ness of and accountability for maintaining H.R. 5528. An act to amend the Higher Edu- At 2:17 p.m., a message from the the physical security of NIST facilities and cation Act of 1965 to simplify the FAFSA, House of Representatives, delivered by the safety of the NIST workforce. and for other purposes; to the Committee on Mr. Novotny, one of its reading clerks, H.R. 5638. An act to provide for the estab- Health, Education, Labor, and Pensions. announced that the House has passed lishment at the Department of Energy of a H.R. 5529. An act to amend the Higher Edu- the following bills, in which it requests Solar Fuels Basic Research Initiative. cation Act of 1965 to authorize additional grant activities for Hispanic-serving institu- the concurrence of the Senate: H.R. 5639. An act to update the National Institute of Standards and Technology Act, tions; to the Committee on Health, Edu- H.R. 3178. An act to simplify and stream- and for other purposes. cation, Labor, and Pensions. line the information regarding institutions H.R. 5530. An act to amend the Higher Edu- H.R. 5640. An act to provide for the estab- of higher education made publicly available cation Act of 1965 to modify certain provi- lishment at the Department of Energy of an by the Secretary of Education, and for other sions relating to the capital financing of his- Electricity Storage Basic Research Initia- purposes. torically Black colleges and universities; to tive. H.R. 3179. An act to amend the loan coun- the Committee on Health, Education, Labor, seling requirements under the Higher Edu- The message also announced that the and Pensions. cation Act of 1965, and for other purposes. House has agreed to the following con- H.R. 5594. An act to require the establish- H.R. 4404. An act to require an exercise re- current resolution, in which it requests ment of a national strategy for combating lated to terrorist and foreign fighter travel, the concurrence of the Senate: the financing of terrorism and related finan- and for other purposes. cial crimes, and for other purposes; to the H.R. 4785. An act to amend the Homeland H. Con. Res. 138. Concurrent resolution des- Committee on Banking, Housing, and Urban Security Act of 2002 to direct the Under Sec- ignating the George C. Marshall Museum and Affairs. retary for Management of the Department of George C. Marshall Research Library in Lex- H.R. 5602. An act to amend title 31, United Homeland Security to make certain im- ington, Virginia, as the National George C. States Code, to authorize the Secretary of provements in managing the Department’s Marshall Museum and Library. the Treasury to include all funds when vehicle fleet, and for other purposes. f issuing certain geographic targeting orders, H.R. 5056. An act to modernize and enhance and for other purposes; to the Committee on airport perimeter and access control security MEASURES REFERRED Banking, Housing, and Urban Affairs. by requiring updated risk assessments and H.R. 5607. An act to enhance the Depart- The following bills were read the first ment of the Treasury’s role in protecting na- the development of security strategies, and and the second times by unanimous for other purposes. tional security, and for other purposes; to H.R. 5252. An act to designate the United consent, and referred as indicated: the Committee on Banking, Housing, and States Customs and Border Protection Port H.R. 3178. An act to simplify and stream- Urban Affairs. H.R. 5636. An act to increase the effective- of Entry located at 1400 Lower Island Road in line the information regarding institutions ness of and accountability for maintaining Tornillo, Texas, as the ‘‘Marcelino Serna of higher education made publicly available the physical security of NIST facilities and Port of Entry’’. by the Secretary of Education, and for other the safety of the NIST workforce; to the H.R. 5322. An act to amend the Investment purposes; to the Committee on Health, Edu- Committee on Commerce, Science, and Company Act of 1940 to terminate an exemp- cation, Labor, and Pensions. H.R. 3179. An act to amend the loan coun- Transportation. tion for companies located in Puerto Rico, H.R. 5638. An act to provide for the estab- seling requirements under the Higher Edu- the Virgin Islands, and any other possession lishment at the Department of Energy of a cation Act of 1965, and for other purposes; to of the United States. Solar Fuels Basic Research Initiative; to the the Committee on Health, Education, Labor, H.R. 5385. An act to amend the Homeland Committee on Energy and Natural Re- and Pensions. Security Act of 2002 to make technical cor- sources. rections to the requirement that the Sec- H.R. 4404. An act to require an exercise re- H.R. 5639. An act to update the National retary of Homeland Security submit quad- lated to terrorist and foreign fighter travel, Institute of Standards and Technology Act, rennial homeland security reviews, and for and for other purposes; to the Committee on and for other purposes; to the Committee on other purposes. Homeland Security and Governmental Af- Commerce, Science, and Transportation. H.R. 5469. An act to require the Secretary fairs. H.R. 5640. An act to provide for the estab- of the Treasury to direct the United States H.R. 4785. An act to amend the Homeland lishment at the Department of Energy of an Executive Director at the International Security Act of 2002 to direct the Under Sec- Electricity Storage Basic Research Initia- Monetary Fund to support the capacity of retary for Management of the Department of tive; to the Committee on Energy and Nat- the International Monetary Fund to prevent Homeland Security to make certain im- ural Resources. money laundering and financing of ter- provements in managing the Department’s The following concurrent resolution vehicle fleet, and for other purposes; to the rorism. was read, and referred as indicated: H.R. 5485. An act making appropriations Committee on Homeland Security and Gov- for financial services and general govern- ernmental Affairs. H. Con. Res. 138. Concurrent resolution des- ment for the fiscal year ending September 30, H.R. 5056. An act to modernize and enhance ignating the George C. Marshall Museum and 2017, and for other purposes. airport perimeter and access control security George C. Marshall Research Library in Lex- H.R. 5528. An act to amend the Higher Edu- by requiring updated risk assessments and ington, Virginia, as the National George C. cation Act of 1965 to simplify the FAFSA, the development of security strategies, and Marshall Museum and Library; to the Com- and for other purposes. for other purposes; to the Committee on mittee on Energy and Natural Resources. H.R. 5529. An act to amend the Higher Edu- Commerce, Science, and Transportation. f H.R. 5252. An act to designate the United cation Act of 1965 to authorize additional MEASURES PLACED ON THE grant activities for Hispanic-serving institu- States Customs and Border Protection Port tions. of Entry located at 1400 Lower Island Road in CALENDAR H.R. 5530. An act to amend the Higher Edu- Tornillo, Texas, as the ‘‘Marcelino Serna The following bill was read the first cation Act of 1965 to modify certain provi- Port of Entry’’; to the Committee on Envi- and second times by unanimous con- sions relating to the capital financing of his- ronment and Public Works. sent, and placed on the calendar: H.R. 5322. An act to amend the Investment torically Black colleges and universities. H.R. 5485. An act making appropriations H.R. 5588. An act to increase, effective as of Company Act of 1940 to terminate an exemp- for financial services and general govern- December 1, 2016, the rates of compensation tion for companies located in Puerto Rico, ment for the fiscal year ending September 30, for veterans with service-connected disabil- the Virgin Islands, and any other possession 2017, and for other purposes. ities and the rates of dependency and indem- of the United States; to the Committee on nity compensation for the survivors of cer- Banking, Housing, and Urban Affairs. f tain disabled veterans, and for other pur- H.R. 5385. An act to amend the Homeland MEASURE HELD AT THE DESK poses. Security Act of 2002 to make technical cor- H.R. 5594. An act to require the establish- rections to the requirement that the Sec- The following measure was ordered ment of a national strategy for combating retary of Homeland Security submit quad- held at the desk: the financing of terrorism and related finan- rennial homeland security reviews, and for S. 2650. A bill to amend the Internal Rev- cial crimes, and for other purposes. other purposes; to the Committee on Home- enue Code of 1986 to exclude from gross in- H.R. 5602. An act to amend title 31, United land Security and Governmental Affairs. come any prizes or awards won in competi- States Code, to authorize the Secretary of H.R. 5469. An act to require the Secretary tion in the Olympic Games or the the Treasury to include all funds when of the Treasury to direct the United States Paralympic Games.

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.011 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4999 EXECUTIVE AND OTHER of Agriculture, transmitting, pursuant to ment of the Interior, transmitting, pursuant COMMUNICATIONS law, the report of a rule entitled ‘‘Tart Cher- to law, the report of a rule entitled ‘‘Gath- ries Grown in the States of Michigan, et al.; ering of Certain Plants or Plant Parts by The following communications were Free and Restricted Percentages for the 2015– Federally Recognized Indian Tribes for Tra- laid before the Senate, together with 16 Crop Year for Tart Cherries’’ (Docket No. ditional Purposes’’ (RIN1024–AD84) received accompanying papers, reports, and doc- AMS–FV–15–0063) received in the Office of in the Office of the President of the Senate uments, and were referred as indicated: the President of the Senate on July 7, 2016; on July 7, 2016; to the Committee on Energy EC–6088. A communication from the Ad- to the Committee on Agriculture, Nutrition, and Natural Resources. EC–6106. A communication from the Direc- ministrator of the Specialty Crops Program, and Forestry. tor of the Regulatory Management Division, Agricultural Marketing Service, Department EC–6097. A communication from the Ad- ministrator of the Cotton and Tobacco Pro- Environmental Protection Agency, transmit- of Agriculture, transmitting, pursuant to ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Oranges grams, Agricultural Marketing Service, De- partment of Agriculture, transmitting, pur- titled ‘‘Ocean Disposal; Amendments to Re- and Grapefruit Grown in Lower Rio Grande strictions on Use of Dredged Material Dis- Valley in Texas; Relaxation of Container and suant to law, the report of a rule entitled ‘‘Cotton Board Rules and Regulations: posal Sites in the Central and Western Re- Pack Requirements’’ (Docket No. AMS–SC– gions of Long Island Sound; Connecticut’’ 16–0021) received in the Office of the Presi- Amending Importer Line-Item De Minimis’’ (Docket No. AMS–CN–14–0037) received in the (FRL No. 9948–61–Region 1) received in the dent of the Senate on July 7, 2016; to the Office of the President of the Senate on July Committee on Agriculture, Nutrition, and Office of the President of the Senate on July 7, 2016; to the Committee on Agriculture, Nu- 7, 2016; to the Committee on Environment Forestry. and Public Works. EC–6089. A communication from the Ad- trition, and Forestry. EC–6098. A communication from the Assist- EC–6107. A communication from the Direc- ministrator of the Specialty Crops Program, ant Secretary of the Army (Manpower and tor of the Regulatory Management Division, Agricultural Marketing Service, Department Reserve Affairs), transmitting, pursuant to Environmental Protection Agency, transmit- of Agriculture, transmitting, pursuant to law, a report on the mobilizations of select ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Marketing reserve units, received in the Office of the titled ‘‘National Emission Standards for Haz- Order Regulating the Handling of Spearmint President of the Senate on July 7, 2016; to ardous Air Pollutant Emissions: Petroleum Oil Produced in the Far West; Salable Quan- the Committee on Armed Services. Refinery Sector Amendments’’ (FRL No. tities and Allotment Percentages for the EC–6099. A communication from the Under 9948–92–OAR) received in the Office of the 2016–2017 Marketing Year’’ (Docket No. AMS– Secretary of Defense (Acquisition, Tech- President of the Senate on July 7, 2016; to SC–15–0074) received in the Office of the nology, and Logistics), transmitting, pursu- the Committee on Environment and Public President of the Senate on July 7, 2016; to ant to law, a report of a delay in submission Works. the Committee on Agriculture, Nutrition, of a report relative to the ‘‘Fiscal Year 2015 EC–6108. A communication from the Direc- and Forestry. Inventory of Contracted Services’’; to the tor of the Regulatory Management Division, EC–6090. A communication from the Ad- Committee on Armed Services. Environmental Protection Agency, transmit- ministrator of the Specialty Crops Program, EC–6100. A communication from the Assist- ting, pursuant to law, the report of a rule en- Agricultural Marketing Service, Department ant Secretary for Legislative Affairs, De- titled ‘‘Expedited Approval of Alternative of Agriculture, transmitting, pursuant to partment of the Treasury, transmitting, pur- Test Procedures for the Analysis of Contami- law, the report of a rule entitled ‘‘Christmas suant to law, the Financial Stability Over- nants Under the Safe Drinking Water Act; Tree Promotion, Research, and Information sight Council 2016 annual report to Congress; Analysis and Sampling Procedures’’ (FRL Order; Late Payment and Interest Charges to the Committee on Banking, Housing, and No. 9948–54–OW) received in the Office of the on Past Due Assessments’’ (Docket No. Urban Affairs. President of the Senate on July 7, 2016; to AMS–SC–15–0072) received in the Office of the EC–6101. A communication from the Gen- the Committee on Environment and Public President of the Senate on July 7, 2016; to eral Counsel of the Federal Housing Finance Works. EC–6109. A communication from the Direc- the Committee on Agriculture, Nutrition, Agency, transmitting, pursuant to law, the tor of the Regulatory Management Division, and Forestry. report of a rule entitled ‘‘Rules of Practice Environmental Protection Agency, transmit- EC–6091. A communication from the Chair- and Procedure; Civil Money Penalty Infla- ting, pursuant to law, the report of a rule en- man, Farm Credit System Insurance Cor- tion Adjustment’’ (RIN2590–AA88) received in titled ‘‘Determination of Attainment; At- poration, transmitting, pursuant to law, the the Office of the President of the Senate on lanta; Georgia; 2008 Ozone National Ambient Corporation’s annual report for calendar July 6, 2016; to the Committee on Banking, Air Quality Standards’’ (FRL No. 9948–93–Re- year 2015; to the Committee on Agriculture, Housing, and Urban Affairs. gion 4) received in the Office of the President Nutrition, and Forestry. EC–6102. A communication from the Assist- of the Senate on July 7, 2016; to the Com- EC–6092. A communication from the Board ant Director for Regulatory Affairs, Office of mittee on Environment and Public Works. Chairman and Chief Executive Officer, Farm Foreign Assets Control, Department of the Credit Administration, transmitting, pursu- EC–6110. A communication from the Direc- Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, ant to law, the Administration’s annual re- report of a rule entitled ‘‘Implementation of port for calendar year 2015; to the Committee Environmental Protection Agency, transmit- the Federal Civil Penalties Inflation Adjust- ting, pursuant to law, the report of a rule en- on Agriculture, Nutrition, and Forestry. ment Act’’ (31 CFR Parts 501, 535, 536, 537, EC–6093. A communication from the Chair- titled ‘‘Approval of Iowa’s Air Quality Imple- 538, 539, 541, 542, 543, 544, 546, 547, 548, 549, 560, mentation Plans; Polk County Board of man and Chief Executive Officer, Farm Cred- 561, 566, 576, 588, 592, 593, 594, 597, and 598) re- Health Rules and Regulations, Chapter V, it Administration, transmitting, pursuant to ceived in the Office of the President of the Revisions’’ (FRL No. 9948–84–Region 7) re- law, the Administration’s strategic plan for Senate on July 7, 2016; to the Committee on ceived in the Office of the President of the fiscal years 2016 through 2021; to the Com- Banking, Housing, and Urban Affairs. Senate on July 7, 2016; to the Committee on mittee on Agriculture, Nutrition, and For- EC–6103. A communication from the Ad- Environment and Public Works. estry. ministrator of the Specialty Crops Program, EC–6111. A communication from the Direc- EC–6094. A communication from the Ad- Agricultural Marketing Service, Department tor of the Regulatory Management Division, ministrator of the Specialty Crops Program, of Agriculture, transmitting, pursuant to Environmental Protection Agency, transmit- Agricultural Marketing Service, Department law, the report of a rule entitled ‘‘Avocados ting, pursuant to law, the report of a rule en- of Agriculture, transmitting, pursuant to Grown in South Florida; Increased Assess- titled ‘‘Approval and Promulgation of Imple- law, the report of a rule entitled ‘‘Grapes ment Rate’’ (Docket No. AMS–SC–15–0083) re- mentation Plans; Washington: Spokane Sec- Grown in a Designated Area of Southeastern ceived in the Office of the President of the ond 10-Year Carbon Monoxide Limited Main- California; Increased Assessment Rate’’ Senate on July 7, 2016; to the Committee on tenance Plan’’ (FRL No. 9948–97–Region 10) (Docket No. AMS–SC–15–0077) received in the Agriculture, Nutrition, and Forestry. received in the Office of the President of the Office of the President of the Senate on July EC–6104. A communication from the Assist- Senate on July 7, 2016; to the Committee on 7, 2016; to the Committee on Agriculture, Nu- ant General Counsel for Legislation, Regula- Environment and Public Works. trition, and Forestry. tion and Energy Efficiency, Office of Energy EC–6112. A communication from the Direc- EC–6095. A communication from the Ad- Efficiency and Renewable Energy, Depart- tor of the Regulatory Management Division, ministrator of the Specialty Crops Program, ment of Energy, transmitting, pursuant to Environmental Protection Agency, transmit- Agricultural Marketing Service, Department law, the report of a rule entitled ‘‘Energy ting, pursuant to law, the report of a rule en- of Agriculture, transmitting, pursuant to Conservation Program: Test Procedures for titled ‘‘Air Plan Approval; NC; Fine Particu- law, the report of a rule entitled ‘‘United Integrated Light-Emitting Diode Lamps’’ late Matter National Ambient Air Quality States Standards for Grades of Processed ((RIN1904–AC67) (Docket No. EERE–2011–BT– Standards Revision’’ (FRL No. 9948–95–Re- Raisins’’ (Docket No. AMS–FV–14–0087) re- TP–0071)) received during adjournment of the gion 4) received in the Office of the President ceived in the Office of the President of the Senate in the Office of the President of the of the Senate on July 7, 2016; to the Com- Senate on July 7, 2016; to the Committee on Senate on July 5, 2016; to the Committee on mittee on Environment and Public Works. Agriculture, Nutrition, and Forestry. Energy and Natural Resources. EC–6113. A communication from the Assist- EC–6096. A communication from the Ad- EC–6105. A communication from the Dep- ant Secretary of the Army (Civil Works), ministrator of the Specialty Crops Program, uty Assistant Secretary for Fish and Wildlife transmitting, pursuant to law, a report rel- Agricultural Marketing Service, Department and Parks, National Park Service, Depart- ative to the deauthorization of the Green

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.014 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S5000 CONGRESSIONAL RECORD — SENATE July 12, 2016 River Locks and Dams 3, 4, 5, and 6 and Bar- ting, pursuant to law, the report of a rule en- Homeland Security and Governmental Af- ren River Lock and Dam 1; to the Committee titled ‘‘World Trade Center Health Program; fairs. on Environment and Public Works. Addition of New-Onset Chronic Obstructive EC–6134. A communication from the Assist- EC–6114. A communication from the Assist- Pulmonary Disease and WTC-Related Acute ant Secretary for Legislation, Department of ant Secretary of the Army (Civil Works), Traumatic Injury to the List of WTC–Re- Health and Human Services, transmitting, transmitting, pursuant to law, a report rel- lated Health Conditions’’ (RIN0920–AA61) re- pursuant to law, a report entitled ‘‘The 2016 ative to the Turkey Creek Basin Flood Risk ceived during adjournment of the Senate in Indian Health Service and Tribal Health Management project, Merriam, Kansas; to the Office of the President of the Senate on Care Facilities’ Needs Assessment Report to the Committee on Environment and Public July 5, 2016; to the Committee on Health, Congress’’; to the Committee on Indian Af- Works. Education, Labor, and Pensions. fairs. EC–6115. A communication from the In- EC–6125. A communication from the Assist- EC–6135. A communication from the Acting spector General, Department of Health and ant Secretary for Legislation, Department of Director, Office of Sustainable Fisheries, De- Human Services, transmitting, pursuant to Health and Human Services, transmitting, partment of Commerce, transmitting, pursu- law, a report entitled ‘‘Part D Plans Gen- pursuant to law, a report entitled ‘‘Best ant to law, the report of a rule entitled erally Include Drugs Commonly Used by Pharmaceuticals for Children Act and Pedi- ‘‘Fisheries of the Exclusive Economic Zone Dual Eligibles: 2016’’; to the Committee on atric Research Equity Act’’; to the Com- Off Alaska; Pollock in Statistical Area 610 in the Gulf of Alaska’’ (RIN0648–XE420) received Finance. mittee on Health, Education, Labor, and in the Office of the President of the Senate EC–6116. A communication from the Assist- Pensions. ant Secretary for Legislation, Department of EC–6126. A communication from the Prin- on July 7, 2016; to the Committee on Com- merce, Science, and Transportation. Health and Human Services, transmitting, cipal Deputy Assistant Secretary for Policy, EC–6136. A communication from the Acting pursuant to law, a report entitled ‘‘2015 Ac- Office of the Secretary, Department of Director, Office of Sustainable Fisheries, De- tuarial Report on the Financial Outlook for Labor, transmitting, pursuant to law, the re- partment of Commerce, transmitting, pursu- Medicaid’’; to the Committee on Finance. port of a rule entitled ‘‘Department of Labor ant to law, the report of a rule entitled EC–6117. A communication from the Assist- Federal Civil Penalties Inflation Adjustment ‘‘Fisheries of the Exclusive Economic Zone ant Secretary for Legislation, Department of Act Catch-Up Adjustments’’ (RIN1290–AA31) Off Alaska; Pollock in Statistical Area 630 in Health and Human Services, transmitting, received in the Office of the President of the the Gulf of Alaska’’ (RIN0648–XE414) received pursuant to law, a report required by the Senate on July 6, 2016; to the Committee on in the Office of the President of the Senate Medicare Access and CHIP Reauthorization Health, Education, Labor, and Pensions. on July 7, 2016; to the Committee on Com- Act of 2015 (MACRA); to the Committee on EC–6127. A communication from the Regu- merce, Science, and Transportation. Finance. lations Coordinator, Substance Abuse and EC–6137. A communication from the Direc- EC–6118. A communication from the Regu- Mental Health Services Administration, De- tor, Office of Sustainable Fisheries, Depart- lations Coordinator, Centers for Medicare partment of Health and Human Services, ment of Commerce, transmitting, pursuant and Medicaid Services, Department of transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Fish- Health and Human Services, transmitting, a rule entitled ‘‘Medication Assisted Treat- eries of the Exclusive Economic Zone Off pursuant to law, the report of a rule entitled ment for Opioid Use Disorders’’ (RIN0930– Alaska; Pacific Cod by Vessels Using Pot ‘‘Medicare Program: Expanding Uses of AA22) received in the Office of the President Gear in the Western Regulatory Area of the Medicare Data by Qualified Entities’’ of the Senate on July 7, 2016; to the Com- Gulf of Alaska’’ (RIN0648–XE457) received in ((RIN0938–AS66) (CMS–5061–F)) received dur- mittee on Health, Education, Labor, and the Office of the President of the Senate on ing adjournment of the Senate in the Office Pensions. July 7, 2016; to the Committee on Commerce, of the President of the Senate on July 5, 2016; EC–6128. A communication from the Dis- Science, and Transportation. to the Committee on Finance. trict of Columbia Auditor, transmitting, pur- EC–6138. A communication from the Acting EC–6119. A communication from the Assist- suant to law, a report entitled ‘‘Certification Director, Office of Sustainable Fisheries, De- ant Secretary for Legislation, Department of of Fiscal Year 2016 Total Local Source Gen- partment of Commerce, transmitting, pursu- Health and Human Services, transmitting, eral Fund Revenue Estimate (Net of Dedi- ant to law, the report of a rule entitled pursuant to law, a report entitled ‘‘Alter- cated Taxes) in Support of the District’s ‘‘Fisheries of the Exclusive Economic Zone native Payment Models & Medicare Advan- Issuance of $431,815,000 in General Obligation Off Alaska; Longnose Skate in the Western tage’’; to the Committee on Finance. Bonds (Series 2016A)’’; to the Committee on Regulatory Area of the Gulf of Alaska’’ EC–6120. A communication from the Chief Homeland Security and Governmental Af- (RIN0648–XE589) received in the Office of the of the Publications and Regulations Branch, fairs. President of the Senate on July 7, 2016; to Internal Revenue Service, Department of the EC–6129. A communication from the Dis- the Committee on Commerce, Science, and Treasury, transmitting, pursuant to law, the trict of Columbia Auditor, transmitting, pur- Transportation. report of a rule entitled ‘‘Country-by-Coun- suant to law, a report entitled ‘‘Customer EC–6139. A communication from the Acting try Reporting’’ ((RIN1545–BM70) (TD 9773)) Service Tests of Seven Large Agencies Show Director, Office of Sustainable Fisheries, De- received in the Office of the President of the Mixed Results’’; to the Committee on Home- partment of Commerce, transmitting, pursu- Senate on July 7, 2016; to the Committee on land Security and Governmental Affairs. ant to law, the report of a rule entitled Finance. EC–6130. A communication from the Execu- ‘‘Fisheries of the Exclusive Economic Zone EC–6121. A communication from the Chief tive Director, United States Access Board, Off Alaska; Pollock in Statistical Area 630 in of the Publications and Regulations Branch, transmitting, pursuant to law, the Board’s the Gulf of Alaska’’ (RIN0648–XE462) received Internal Revenue Service, Department of the fiscal year 2015 annual report relative to the in the Office of the President of the Senate Treasury, transmitting, pursuant to law, the Notification and Federal Employee Anti- on July 7, 2016; to the Committee on Com- merce, Science, and Transportation. report of a rule entitled ‘‘Geographical Areas discrimination and Retaliation Act of 2002; EC–6140. A communication from the Acting Included in the ‘North American Area’ for to the Committee on Homeland Security and Director, Office of Sustainable Fisheries, De- Purposes of I.R.C. 274(h)’’ (Rev. Rul. 2016–16) Governmental Affairs. partment of Commerce, transmitting, pursu- EC–6131. A communication from the Sec- received in the Office of the President of the ant to law, the report of a rule entitled Senate on July 7, 2016; to the Committee on retary of the Treasury, transmitting, pursu- ‘‘Fisheries of the Exclusive Economic Zone Finance. ant to law, the Semi-Annual Report of the Off Alaska; Pacific Cod in the Central Regu- EC–6122. A communication from the Chief Inspector General for the period from Octo- latory Area of the Gulf of Alaska’’ (RIN0648– of the Publications and Regulations Branch, ber 1, 2015 through March 31, 2016 and the XE496) received in the Office of the President Internal Revenue Service, Department of the Semi-Annual Report of the Treasury Inspec- of the Senate on July 7, 2016; to the Com- Treasury, transmitting, pursuant to law, the tor General for Tax Administration (TIGTA); mittee on Commerce, Science, and Transpor- report of a rule entitled ‘‘Proposed Qualified to the Committee on Homeland Security and tation. Intermediary Agreement’’ (Notice 2016–42) Governmental Affairs. EC–6141. A communication from the Acting received in the Office of the President of the EC–6132. A communication from the Attor- Director, Office of Sustainable Fisheries, De- Senate on July 7, 2016; to the Committee on ney-Advisor, Customs and Border Protec- partment of Commerce, transmitting, pursu- Finance. tion, Department of Homeland Security, ant to law, the report of a rule entitled EC–6123. A communication from the Assist- transmitting, pursuant to law, the report of ‘‘Fisheries of the Exclusive Economic Zone ant Secretary, Legislative Affairs, Depart- a rule entitled ‘‘Civil Monetary Penalty Ad- Off Alaska; Pacific Cod by Catcher Vessels ment of State, transmitting, pursuant to justments for Inflation’’ (RIN1601–AA80) re- Less Than 60 Feet (18.3 Meters) Length Over- law, the semiannual report on the continued ceived in the Office of the President of the all Using Hook-and-Line or Pot Gear in the compliance of Azerbaijan, Kazakhstan, Senate on July 6, 2016; to the Committee on Bering Sea and Aleutian Islands Manage- Tajikistan, and Uzbekistan with the 1974 Homeland Security and Governmental Af- ment Area’’ (RIN0648–XE430) received in the Trade Act’s freedom of emigration provi- fairs. Office of the President of the Senate on July sions, as required under the Jackson-Vanik EC–6133. A communication from the Chair- 7, 2016; to the Committee on Commerce, Amendment; to the Committee on Finance. man of the National Transportation Safety Science, and Transportation. EC–6124. A communication from the Regu- Board, transmitting, pursuant to law, a re- EC–6142. A communication from the Acting lations Coordinator, National Institute for port relative to the activities performed by Director, Office of Sustainable Fisheries, De- Occupational Safety and Health, Centers for the agency that are not inherently govern- partment of Commerce, transmitting, pursu- Disease Control and Prevention, transmit- mental functions; to the Committee on ant to law, the report of a rule entitled

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.016 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S5001 ‘‘Fisheries of the Exclusive Economic Zone EC–6150. A communication from the Acting the Equal Employment Opportunity Com- Off Alaska; Pacific Cod by Catch/Processors Director, Office of Sustainable Fisheries, De- mission and expand accountability within Using Trawl Gear in the Western Regulatory partment of Commerce, transmitting, pursu- the Federal government, and for other pur- Area of the Gulf of Alaska’’ (RIN0648–XE426) ant to law, the report of a rule entitled poses (Rept. No. 114–300). received in the Office of the President of the ‘‘Fisheries of the Northeastern United S. 461. A bill to provide for alternative fi- Senate on July 7, 2016; to the Committee on States; Atlantic Sea Scallop Fishery; Clo- nancing arrangements for the provision of Commerce, Science, and Transportation. sure of the Nantucket Lightship North Ac- certain services and the construction and EC–6143. A communication from the Acting cess Area to General Category Individual maintenance of infrastructure at land border Director, Office of Sustainable Fisheries, De- Fishing Quota Scallop Vessels’’ (RIN0648– ports of entry, and for other purposes. partment of Commerce, transmitting, pursu- XE681) received in the Office of the President S. 2509. A bill to improve the Government- ant to law, the report of a rule entitled of the Senate on July 7, 2016; to the Com- wide management of Federal property. ‘‘Fisheries of the Exclusive Economic Zone mittee on Commerce, Science, and Transpor- f Off Alaska; Atka Mackerel in the Bering Sea tation. and Aleutian Islands Management Area’’ EC–6151. A communication from the Dep- EXECUTIVE REPORTS OF (RIN0648–XE415) received in the Office of the uty Assistant Administrator for Regulatory COMMITTEE President of the Senate on July 7, 2016; to Programs, Office of Sustainable Fisheries, The following executive reports of the Committee on Commerce, Science, and Department of Commerce, transmitting, pur- nominations were submitted: Transportation. suant to law, the report of a rule entitled EC–6144. A communication from the Dep- ‘‘Fisheries of the Caribbean, Gulf of Mexico, By Mr. MCCAIN for the Committee on uty Assistant Administrator, Office of Sus- and South Atlantic; Reef Fish Fishery of the Armed Services. tainable Fisheries, Department of Com- Gulf of Mexico; Gag Management Measures’’ Susan S. Gibson, of Virginia, to be Inspec- merce, transmitting, pursuant to law, the re- (RIN0648–BF70) received in the Office of the tor General of the National Reconnaissance port of a rule entitled ‘‘Fisheries of the Ex- President of the Senate on July 7, 2016; to Office. * Dimitri Frank Kusnezov, of California, to clusive Economic Zone Off Alaska; Bering the Committee on Commerce, Science, and be Deputy Administrator for Defense Pro- Sea and Aleutian Islands; Final 2016 and 2017 Transportation. Harvest Specifications for Groundfish’’ EC–6152. A communication from the Man- grams, National Nuclear Security Adminis- (RIN0648–XE202) received in the Office of the agement and Program Analyst, Federal tration. * Gail H. Marcus, of Maryland, to be a President of the Senate on July 7, 2016; to Aviation Administration, Department of Member of the Defense Nuclear Facilities the Committee on Commerce, Science, and Transportation, transmitting, pursuant to Safety Board for a term expiring October 18, Transportation. law, the report of a rule entitled ‘‘Airworthi- 2018. EC–6145. A communication from the Dep- ness Directives; Bombardier, Inc. Airplanes’’ Navy nomination of Rear Adm. (lh) Wil- uty Assistant Administrator, Office of Sus- ((RIN2120–AA64) (Docket No. FAA–2015–2457)) tainable Fisheries, Department of Com- liam J. Galinis, to be Rear Admiral. received in the Office of the President of the Navy nomination of Rear Adm. (lh) Chris- merce, transmitting, pursuant to law, the re- Senate on July 6, 2016; to the Committee on port of a rule entitled ‘‘Fisheries of the Ex- tian D. Becker, to be Rear Admiral. Commerce, Science, and Transportation. Navy nomination of Rear Adm. (lh) Bruce clusive Economic Zone Off Alaska; Gulf of EC–6153. A communication from the Assist- Alaska; Final 2016 and 2017 Harvest Speci- L. Gillingham, to be Rear Admiral. ant Administrator for Procurement, Na- Navy nomination of Capt. Troy M. fications for Groundfish’’ (RIN0648–XE130) re- tional Aeronautics and Space Administra- McClelland, to be Rear Admiral (lower half). ceived in the Office of the President of the tion, transmitting, pursuant to law, the re- Navy nomination of Capt. Ronny L. Jack- Senate on July 7, 2016; to the Committee on port of a rule entitled ‘‘NASA Federal Acqui- son, to be Rear Admiral (lower half). Commerce, Science, and Transportation. sition Regulation Supplement: Removal of Navy nomination of Rear Adm. Luke M. EC–6146. A communication from the Assist- Grant Handbook References’’ (RIN2700–AE27) McCollum, to be Vice Admiral. ant Administrator for Fisheries, Office of received in the Office of the President of the Air Force nomination of Maj. Gen. Steven Sustainable Fisheries, Department of Com- Senate on July 7, 2016; to the Committee on M. Shepro, to be Lieutenant General. merce, transmitting, pursuant to law, the re- Commerce, Science, and Transportation. Army nomination of Brig. Gen. Tammy S. port of a rule entitled ‘‘Fisheries of the Ex- EC–6154. A communication from the Acting Smith, to be Major General. clusive Economic Zone Off Alaska; Observer Director, Office of Sustainable Fisheries, De- Army nomination of Brig. Gen. Brian E. Coverage Requirements for Small Catcher/ partment of Commerce, transmitting, pursu- Alvin, to be Major General. Processors in the Gulf of Alaska and Bering ant to law, the report of a rule entitled Army nomination of Col. Richard J. Sea and Aleutian Islands Groundfish Fish- ‘‘Fisheries of the Northeastern United Heitkamp, to be Brigadier General. eries’’ (RIN0648–BF36) received in the Office States; Northeast Multispecies Fishery; Tri- Army nomination of Col. Miles A. Davis, to of the President of the Senate on July 7, 2016; mester Total Allowable Catch Area Closure be Brigadier General. to the Committee on Commerce, Science, for the Common Pool Fishery’’ (RIN0648– Army nomination of Col. Fletcher V. and Transportation. XE683) received in the Office of the President Washington, to be Brigadier General. EC–6147. A communication from the Acting of the Senate on July 7, 2016; to the Com- Army nomination of Col. Nikki L. Griffin Director, Office of Sustainable Fisheries, De- mittee on Commerce, Science, and Transpor- Olive, to be Brigadier General. partment of Commerce, transmitting, pursu- tation. Navy nomination of Capt. Darius Banaji, ant to law, the report of a rule entitled to be Rear Admiral (lower half). f ‘‘Fisheries of the Exclusive Economic Zone Navy nomination of Capt. Tina A. David- Off Alaska; Pacific Cod in the Central Regu- REPORTS OF COMMITTEES son, to be Rear Admiral (lower half). latory Area of the Gulf of Alaska’’ (RIN0648– Navy nomination of Capt. Gayle D. XE519) received in the Office of the President The following reports of committees Shaffer, to be Rear Admiral (lower half). of the Senate on July 7, 2016; to the Com- were submitted: Navy nomination of Capt. Frank D. Whit- mittee on Commerce, Science, and Transpor- By Mr. JOHNSON, from the Committee on worth, to be Rear Admiral (lower half). tation. Homeland Security and Governmental Af- Navy nomination of Capt. Stephanie T. EC–6148. A communication from the Direc- fairs, with an amendment in the nature of a Keck, to be Rear Admiral (lower half). tor, Office of Sustainable Fisheries, Depart- substitute: Navy nominations beginning with Capt. ment of Commerce, transmitting, pursuant H.R. 3361. A bill to amend the Homeland David A. Goggins and ending with Capt. to law, the report of a rule entitled ‘‘Fish- Security Act of 2002 to establish the Insider Douglas W. Small, which nominations were eries of the Caribbean, Gulf of Mexico, and Threat Program, and for other purposes received by the Senate and appeared in the South Atlantic: 2015 Commercial Account- (Rept. No. 114–297). Congressional Record on June 29, 2016. ability Measure and Closure for South Atlan- By Mr. HATCH, from the Committee on Fi- Navy nominations beginning with Capt. tic Snowy Grouper’’ (RIN0648–XE666) re- nance, without amendment: Richard D. Heinz and ending with Capt. John ceived in the Office of the President of the S. 3156. An original bill to provide en- T. Palmer, which nominations were received Senate on July 7, 2016; to the Committee on hanced protections for taxpayers from fraud by the Senate and appeared in the Congres- Commerce, Science, and Transportation. and other illegal activities, and for other sional Record on June 29, 2016. EC–6149. A communication from the Acting purposes (Rept. No. 114–298). Navy nominations beginning with Capt. Director, Office of Sustainable Fisheries, De- S. 3157. An original bill to prevent tax- Carl P. Chebi and ending with Capt. Michael partment of Commerce, transmitting, pursu- payer identity theft and tax refund fraud, A. Wettlaufer, which nominations were re- ant to law, the report of a rule entitled and for other purposes (Rept. No. 114–299). ceived by the Senate and appeared in the ‘‘Fisheries of the Caribbean, Gulf of Mexico, By Mr. JOHNSON, from the Committee on Congressional Record on June 29, 2016. and South Atlantic: Re-Opening of Commer- Homeland Security and Governmental Af- Mr. MCCAIN. Mr. President, for the cial Sector for South Atlantic Gray fairs, with an amendment in the nature of a Committee on Armed Services I report Triggerfish; January Through June Season’’ substitute: (RIN0648–XE606) received in the Office of the H.R. 1557. A bill to amend the Notification favorably the following nomination President of the Senate on July 7, 2016; to and Federal Employee Antidiscrimination lists which were printed in the the Committee on Commerce, Science, and and Retaliation Act of 2002 to strengthen RECORDS on the dates indicated, and Transportation. Federal antidiscrimination laws enforced by ask unanimous consent, to save

VerDate Sep 11 2014 05:36 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.018 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S5002 CONGRESSIONAL RECORD — SENATE July 12, 2016 the expense of reprinting on the Execu- and for other purposes; from the Committee study on the designation of surgical health tive Calendar that these nominations on Finance; placed on the calendar. professional shortage areas; to the Com- lie at the Secretary’s desk for the in- By Mr. LEE (for himself and Mr. mittee on Health, Education, Labor, and SASSE): Pensions . formation of Senators . S. 3158. A bill to promote economic oppor- By Mr. MANCHIN (for himself, Mrs. The PRESIDING OFFICER. Without tunity for military families, to facilitate CAPITO, Ms. MIKULSKI, and Mr. objection, it is so ordered. workforce attachment for military spouses CARDIN): Air Force nominations beginning with in their chosen occupation across multiple S. 3167. A bill to establish the Appalachian Walter W. Bean and ending with Scott L. geographical postings, to reduce barriers to Forest National Heritage Area, and for other Rummage, which nominations were received work on military installations, to amend the purposes; to the Committee on Energy and by the Senate and appeared in the Congres- District of Columbia Code to promote great- Natural Resources. sional Record on May 18, 2016. er freedom in the practice of regulated occu- By Mr. MURPHY (for himself, Mr. Air Force nominations beginning with Jen- pations, to combat abuse of occupational li- SANDERS, Mr. BLUMENTHAL, Mr. MAR- nifer D. Bankston and ending with William censing laws by economic incumbents, to KEY, Mrs. GILLIBRAND, and Ms. WAR- F. Wolfe, which nominations were received promote competition, encourage innovation, REN): by the Senate and appeared in the Congres- protect consumers, and promote compliance S. 3168. A bill to amend the Elementary sional Record on May 18, 2016. with Federal antitrust law, and for other and Secondary Education Act of 1965 to es- Air Force nominations beginning with purposes; to the Committee on Homeland Se- tablish the Stronger Together Program; to Richard D. Betzold and ending with Jennifer curity and Governmental Affairs. the Committee on Health, Education, Labor, E. Tonneson, which nominations were re- By Mr. HEINRICH (for himself, Mr. and Pensions. ceived by the Senate and appeared in the HELLER, Mr. SCHATZ, Mr. FRANKEN, By Mr. ALEXANDER: S. 3169. A bill to support basic energy re- Congressional Record on June 28, 2016. Mr. MERKLEY, Mr. KING, Mr. REED, search and eliminate the wind production Air Force nominations beginning with Ms. HIRONO, and Mrs. GILLIBRAND): tax credit; to the Committee on Finance. Stefanie L. Shaver and ending with William S. 3159. A bill to amend the Internal Rev- By Mr. RUBIO: J. Bridgham, which nominations were re- enue Code of 1986 to provide tax credits for S. 3170. A bill to amend title 38, United ceived by the Senate and appeared in the energy storage technologies, and for other States Code, to provide for the removal or purposes; to the Committee on Finance. Congressional Record on June 28, 2016. demotion of employees of the Department of By Mr. PERDUE (for himself, Mr. Air Force nomination of Erol Agi, to be Veterans Affairs based on performance or SASSE, Mr. ISAKSON, and Mr. RISCH): Lieutenant Colonel. misconduct, and for other purposes; to the Army nomination of Joshua D. Wright, to S. 3160. A bill to require all Department of State employees to use Department-man- Committee on Veterans’ Affairs. be Colonel. By Mr. MARKEY (for himself and Mr. Army nomination of Phillip W. Neal, to be aged email accounts and telephonic systems for all work-related electronic communica- BLUMENTHAL): Lieutenant Colonel. S. 3171. A bill to prohibit the transfer, loan, tions, to require the Secretary of State to Army nomination of Nathan D. Schroeder, or other disposition of a machinegun or submit an annual report to Congress on any to be Major. semiautomatic assault weapon to an indi- security violations within the Department, Army nomination of Renee V. Scott, to be vidual under 16 years of age; to the Com- Major. to provide training to Department of State mittee on the Judiciary. Army nomination of Keith D. Blodgett, to employees on the rules and procedures gov- By Mr. BENNET (for himself, Mr. erning the appropriate handling of classified be Colonel. CRAPO, Mr. TESTER, and Mr. RISCH): Army nominations beginning with Jeffrey information, to reform the process for identi- S. 3172. A bill to amend the Robert T. Staf- M. Alston and ending with Michael J. fying and archiving classified information, ford Disaster Relief and Emergency Assist- Turley, which nominations were received by and for other purposes; to the Committee on ance Act to provide for certain wildfire miti- the Senate and appeared in the Congres- Foreign Relations. gation assistance; to the Committee on sional Record on June 28, 2016. By Mr. GRASSLEY: Homeland Security and Governmental Af- Army nomination of Steven C. Loos, to be S. 3161. A bill to include the Secretary of fairs . Major. Agriculture on the Committee on Foreign In- f Army nomination of Daniel W. M. Mackle, vestment in the United States and to provide to be Colonel. for the consideration by that Committee of SUBMISSION OF CONCURRENT AND Army nomination of Michael P. Lindsay, the national security effects of foreign in- SENATE RESOLUTIONS to be Major. vestment on agricultural assets; to the Com- Army nomination of Brando S. Jobity, to mittee on Banking, Housing, and Urban Af- The following concurrent resolutions be Major. fairs. and Senate resolutions were read, and Army nomination of David C. Martin, to be By Mr. REED (for himself and Mr. referred (or acted upon), as indicated: Major. HELLER): By Mr. GARDNER (for himself, Mr. Navy nominations beginning with Gregory S. 3162. A bill to provide for the consider- MCCAIN, Mr. COTTON, Mr. SULLIVAN, A. Verlinde and ending with David T. ation of energy storage systems by electric Mr. RUBIO, and Mrs. ERNST): Wright, which nominations were received by utilities as part of a supply side resource S. Res. 526. A resolution calling for all par- the Senate and appeared in the Congres- process, and for other purposes; to the Com- ties to respect the arbitral tribunal ruling sional Record on July 7, 2016. mittee on Energy and Natural Resources. with regard to the South China Sea and to By Mr. MENENDEZ (for himself, Mr. * Nomination was reported with rec- express United States policy on freedom of MARKEY, Mr. REED, Mr. DURBIN, Ms. navigation and overflight in the East and ommendation that it be confirmed sub- MIKULSKI, Mr. FRANKEN, Mr. South China Seas; to the Committee on For- ject to the nominee’s commitment to MERKLEY, Mr. WHITEHOUSE, Mr. NEL- eign Relations. respond to requests to appear and tes- SON, Mr. PETERS, and Mr. BOOKER): By Mr. UDALL (for himself, Ms. MI- tify before any duly constituted com- S. 3163. A bill to amend the Internal Rev- KULSKI, and Mr. LEAHY): mittee of the Senate. enue Code of 1986 to require oil polluters to S. Res. 527. A resolution recognizing the (Nominations without an asterisk pay the full cost of oil spills, and for other 75th anniversary of the opening of the Na- purposes; to the Committee on Finance. were reported with the recommenda- tional Gallery of Art; to the Committee on By Mrs. SHAHEEN: Rules and Administration. tion that they be confirmed.) S. 3164. A bill to provide protection for sur- By Mr. ALEXANDER (for himself, Mr. f vivors of domestic violence or sexual assault BURR, Mr. COCHRAN, Mr. CORKER, Mr. under the Fair Housing Act; to the Com- INTRODUCTION OF BILLS AND ISAKSON, Mr. KAINE, Mr. PERDUE, Mr. mittee on Banking, Housing, and Urban Af- SHELBY, Mr. TILLIS, Mr. WARNER, and JOINT RESOLUTIONS fairs. Mr. WICKER): The following bills and joint resolu- By Mr. MENENDEZ (for himself, Mr. S. Res. 528. A resolution commending the tions were introduced, read the first MARKEY, Mr. REED, Mr. DURBIN, Ms. Tennessee Valley Authority on the 80th an- and second times by unanimous con- MIKULSKI, Mr. FRANKEN, Mr. niversary of the unified development of the MERKLEY, Mr. WHITEHOUSE, Mr. NEL- Tennessee River system; considered and sent, and referred as indicated: SON, Mr. PETERS, and Mr. BOOKER): agreed to. By Mr. HATCH: S. 3165. A bill to amend the Oil Pollution By Mr. BOOKER (for himself and Mr. S. 3156. An original bill to provide en- Act of 1990 to require oil polluters to pay the HATCH): hanced protections for taxpayers from fraud full cost of oil spills, and for other purposes; S. Res. 529. A resolution calling upon the and other illegal activities, and for other to the Committee on Environment and Pub- Government of the Islamic Republic of Iran purposes; from the Committee on Finance; lic Works. to release Iranian-Americans Siamak placed on the calendar. By Mr. GRASSLEY (for himself and Namazi and his father, Baquer Namazi; to By Mr. HATCH: Mr. SCHATZ): the Committee on Foreign Relations. S. 3157. An original bill to prevent tax- S. 3166. A bill to direct the Secretary of By Mr. NELSON (for himself and Ms. payer identity theft and tax refund fraud, Health and Human Services to conduct a COLLINS):

VerDate Sep 11 2014 03:04 Oct 13, 2016 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD16\JUL2016\S12JY6.REC S12JY6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 12, 2016 CONGRESSIONAL RECORD — SENATE S5003 S. Con. Res. 46. A concurrent resolution ex- Plan by veterans’ dependency and in- S. 2750 pressing support for the goal of ensuring demnity compensation, and for other At the request of Mr. WYDEN, the that all Holocaust victims live with dignity, purposes. name of the Senator from Indiana (Mr. comfort, and security in their remaining DONNELLY) was added as a cosponsor of years, and urging the Federal Republic of S. 1139 Germany to continue to reaffirm its commit- At the request of Ms. KLOBUCHAR, the S. 2750, a bill to amend the Internal ment to comprehensively address the unique name of the Senator from Hawaii (Ms. Revenue Code to extend and modify health and welfare needs of vulnerable Holo- HIRONO) was added as a cosponsor of S. certain charitable tax provisions. caust victims, including home care and other 1139, a bill to amend the Help America S. 2774 medically prescribed needs; to the Com- Vote Act of 2002 to require States to At the request of Mr. MORAN, the mittee on Foreign Relations. provide for same day registration. name of the Senator from Wyoming f S. 1538 (Mr. BARRASSO) was added as a cospon- ADDITIONAL COSPONSORS At the request of Mr. DURBIN, the sor of S. 2774, a bill to amend the Inter- nal Revenue Code of 1986 to exclude S. 214 name of the Senator from Delaware from gross income certain amounts re- At the request of Mr. MENENDEZ, the (Mr. COONS) was added as a cosponsor name of the Senator from Hawaii (Ms. of S. 1538, a bill to reform the financing alized on the disposition of property raised or produced by a student farmer, HIRONO) was added as a cosponsor of S. of Senate elections, and for other pur- 214, a bill to amend the Securities Ex- poses. and for other purposes. change Act of 1934 to require share- S. 2067 S. 2791 holder authorization before a public At the request of Mr. WICKER, the At the request of Mr. FRANKEN, the company may make certain political name of the Senator from Montana name of the Senator from Oregon (Mr. expenditures, and for other purposes. (Mr. TESTER) was added as a cosponsor MERKLEY) was added as a cosponsor of S. 314 of S. 2067, a bill to establish EUREKA S. 2791, a bill to amend title 38, United At the request of Mr. GRASSLEY, the Prize Competitions to accelerate dis- States Code, to provide for the treat- name of the Senator from Maine (Mr. covery and development of disease- ment of veterans who participated in KING) was added as a cosponsor of S. modifying, preventive, or curative the cleanup of Enewetak Atoll as radi- 314, a bill to amend title XVIII of the treatments for Alzheimer’s disease and ation exposed veterans for purposes of Social Security Act to provide for cov- related dementia, to encourage efforts the presumption of service-connection erage under the Medicare program of to enhance detection and diagnosis of of certain disabilities by the Secretary pharmacist services. such diseases, or to enhance the qual- of Veterans Affairs. S. 386 ity and efficiency of care of individuals S. 2904 with such diseases. At the request of Mr. THUNE, the At the request of Mr. WHITEHOUSE, names of the Senator from Illinois (Mr. S. 2126 the name of the Senator from Maine KIRK) and the Senator from Florida At the request of Ms. CANTWELL, the (Mr. KING) was added as a cosponsor of (Mr. RUBIO) were added as cosponsors name of the Senator from New Mexico S. 2904, a bill to amend title II of the of S. 386, a bill to limit the authority of (Mr. HEINRICH) was added as a cospon- Social Security Act to eliminate the States to tax certain income of em- sor of S. 2126, a bill to reauthorize the five month waiting period for dis- ployees for employment duties per- women’s business center program of ability insurance benefits under such formed in other States. the Small Business Administration, title for individuals with amyotrophic S. 524 and for other purposes. lateral sclerosis. At the request of Mr. PORTMAN, the S. 2175 S. 2927 name of the Senator from Tennessee At the request of Mr. TESTER, the At the request of Mr. LANKFORD, the (Mr. ALEXANDER) was added as a co- name of the Senator from Maine (Mr. name of the Senator from Oklahoma sponsor of S. 524, to authorize the At- KING) was added as a cosponsor of S. (Mr. INHOFE) was added as a cosponsor torney General and Secretary of Health 2175, a bill to amend title 38, United of S. 2927, a bill to prevent govern- and Human Services to award grants to States Code, to clarify the role of po- mental discrimination against pro- address the national epidemics of pre- diatrists in the Department of Vet- viders of health services who decline scription opioid abuse and heroin use, erans Affairs, and for other purposes. involvement in abortion, and for other and to provide for the establishment of S. 2217 purposes. an inter-agency task force to review, At the request of Mr. BLUNT, the S. 3026 modify, and update best practices for name of the Senator from Wyoming At the request of Mr. SCHUMER, the pain management and prescribing pain (Mr. BARRASSO) was added as a cospon- name of the Senator from Oregon (Mr. medication, and for other purposes. sor of S. 2217, a bill to amend the Fed- MERKLEY) was added as a cosponsor of S. 772 eral Food, Drug, and Cosmetic Act to S. 3026, a bill to amend the Commu- At the request of Mr. CARDIN, the improve and clarify certain disclosure nications Act of 1934 to expand and names of the Senator from Oregon (Mr. requirements for restaurants and simi- clarify the prohibition on inaccurate MERKLEY), the Senator from Hawaii lar retail food establishments, and to caller identification information and (Mr. SCHATZ) and the Senator from Ha- amend the authority to bring pro- to require providers of telephone serv- waii (Ms. HIRONO) were added as co- ceedings under section 403A. ice to offer technology to subscribers sponsors of S. 772, a bill to secure the S. 2373 to reduce the incidence of unwanted Federal voting rights of persons when At the request of Ms. CANTWELL, the telephone calls, and for other purposes. released from incarceration. name of the Senator from Rhode Island S. 3032 S. 773 (Mr. WHITEHOUSE) was added as a co- At the request of Mr. ISAKSON, the At the request of Mrs. MURRAY, the sponsor of S. 2373, a bill to amend title name of the Senator from Illinois (Mr. name of the Senator from Massachu- XVIII of the Social Security Act to KIRK) was added as a cosponsor of S. setts (Ms. WARREN) was added as a co- provide for Medicare coverage of cer- 3032, a bill to provide for an increase, sponsor of S. 773, a bill to prevent har- tain lymphedema compression treat- effective December 1, 2016, in the rates assment at institutions of higher edu- ment items as items of durable medical of compensation for veterans with serv- cation, and for other purposes. equipment. ice-connected disabilities and the rates S. 979 S. 2655 of dependency and indemnity com- At the request of Mr. NELSON, the At the request of Mr. CARDIN, the pensation for the survivors of certain name of the Senator from Washington name of the Senator from Vermont disabled veterans, and for other pur- (Mrs. MURRAY) was added as a cospon- (Mr. LEAHY) was added as a cosponsor poses. sor of S. 979, a bill to amend title 10, of S. 2655, a bill to amend the Internal S. 3083 United States Code, to repeal the re- Revenue Code of 1986 to improve the At the request of Mr. MENENDEZ, the quirement for reduction of survivor an- historic rehabilitation tax credit, and names of the Senator from Illinois (Mr. nuities under the Survivor Benefit for other purposes. DURBIN), the Senator from Mississippi

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.022 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S5004 CONGRESSIONAL RECORD — SENATE July 12, 2016 (Mr. WICKER), the Senator from Oregon As a result, advances in energy storage passed with overwhelming bipartisan (Mr. MERKLEY) and the Senator from can help improve the reliability, resil- support and signed into law by Presi- Florida (Mr. RUBIO) were added as co- iency, and flexibility of the grid, as dent Bush. America COMPETES grew sponsors of S. 3083, a bill to provide well as reduce the potential for future out of a report called ‘‘Rising Above housing opportunities in the United rate increases for consumers. the Gathering Storm,’’ a report on States through modernization of var- To further encourage the research American competitiveness, written by ious housing programs, and for other and development of energy storage, the Norm Augustine, who was the commit- purposes. legislation we are introducing author- tee’s chair. The report’s main rec- S. 3132 izes the Secretary of Energy to coordi- ommendation was to increase energy At the request of Mrs. FISCHER, the nate efforts among various existing research because of the benefits it name of the Senator from Virginia (Mr. programs at the Department of Energy. would provide to our country and around the world. KAINE) was added as a cosponsor of S. By streamlining these energy storage Eight years ago, in a speech at Oak 3132, a bill to direct the Secretary of research and development programs, Ridge National Laboratory, I called for Veterans Affairs to carry out a pilot we hope we will maximize efficiency of a project that would duplicate the ur- program to provide service dogs to cer- funds and expand this vital research. I gency of the World War II Manhattan tain veterans with severe post-trau- am pleased that the Senate has already Project and put the United States on a matic stress disorder. included an amendment I offered with Senator HELLER to add these provi- path to clean energy innovation. I pro- S. 3134 posed seven ‘‘grand challenges’’—No. 1, At the request of Ms. BALDWIN, the sions as part of the Energy Policy Mod- ernization Act that we passed earlier make plug-in electric vehicles com- names of the Senator from Minnesota monplace; No. 2, find a way to capture (Mr. FRANKEN) and the Senator from this year. Our bill also amends the Public Util- and use carbon; No. 3, help solar be- Massachusetts (Mr. MARKEY) were ity Regulatory Policies Act of 19781, or come cost-competitive; No. 4, safely added as cosponsors of S. 3134, a bill to manage nuclear waste; No. 5, encour- improve Federal population surveys by PURPA, to add energy storage systems to the list of strategies states should age cellulosic biofuels; No. 6, make new requiring the collection of voluntary, buildings green buildings; and No. 7, self-disclosed information on sexual consider when developing their energy plan in an effort to promote energy create energy from fusion. orientation and gender identity in cer- In 8 years, energy researchers have conservation and greater use of domes- tain surveys, and for other purposes. made tremendous progress in these tic energy. The bill does not mandate S. 3147 areas. For example, the price of solar the implementation of this or any At the request of Ms. HIRONO, the panels has fallen over 80 percent since technology. Rather it simply encour- name of the Senator from Oregon (Mr. 2008. In some of the other challenges, ages states to analyze whether energy MERKLEY) was added as a cosponsor of we still have a long way to go. That is storage would provide benefits to the S. 3147, a bill to support educational why we need to keep our focus on mak- overall system. I look forward to work- entities in fully implementing title IX ing energy research a priority. The big- ing with Senator HELLER and our col- and reducing and preventing sex dis- gest problem we have in funding basic leagues to also find a path forward for crimination in all areas of education. energy research is how we pay for it. these provisions. S. CON. RES. 43 Today I am introducing legislation I urge our colleagues to join in sup- that finds a way to pay for it by ending At the request of Mrs. FEINSTEIN, the porting the STORAGE Act and taking name of the Senator from Utah (Mr. the 24-year-old wind production tax commonsense steps to advance energy credit at the end of this year, rather HATCH) was added as a cosponsor of S. storage technology. Con. Res. 43, a concurrent resolution than in 2019, as the law now says. In- stead of slowly allowing the wind pro- supporting the bid of Los Angeles, Cali- By Mr. ALEXANDER: duction tax credit to phase out, this fornia, to bring the 2024 Summer Olym- S. 3169. A bill to support basic energy bill would end it on January 1, 2017. pic Games back to the United States research and eliminate the wind pro- Then Congress could use the $8.1 billion and pledging the cooperation of Con- duction tax credit; to the Committee in savings to increase the funding au- gress with respect to that bid. on Finance. thorization for the Office of Science for Mr. ALEXANDER. Mr. President, I S. RES. 521 the same kind of basic energy research am here to talk about the importance At the request of Ms. AYOTTE, the that helped drive our natural gas boom of doubling funding for basic energy re- name of the Senator from Rhode Island and will provide the basis for the next search and making $8.1 billion avail- (Mr. WHITEHOUSE) was added as a co- generation of energy innovation that able in the Federal budget to pay for it. sponsor of S. Res. 521, a resolution ex- will mean cleaner, cheaper, and more The United States does many things pressing support for the designation of reliable energy. September 2016 as National Ovarian well, but one thing we do better than Research at the Office of Science Cancer Awareness Month. any other country in the world is inno- benefits other Department of Energy f vation through basic research. I have programs, including advanced nuclear been talking a lot this year about bio- reactor research at the Office of Nu- STATEMENTS ON INTRODUCED medical research. Dr. Francis Collins, BILLS AND JOINT RESOLUTIONS clear Energy and research on carbon- the Director of the National Institutes capture technology at ARPA-E, which By Mr. REED (for himself and of Health—which he calls the ‘‘Na- was formed by the America COM- Mr. HELLER): tional Institute of Hope’’—tells me PETES Act. Energy research through S. 3162. A bill to provide for the con- that in 10 years, researchers in our the Office of Science, nuclear and fossil sideration of energy storage systems country may be rebuilding hearts from energy programs, energy efficiency re- by electric utilities as part of a supply stem cells, giving patients an artificial search, and ARPA-E have led to amaz- side resource process, and for other pancreas which would help patients ing new discoveries. If more funding is purposes; to the Committee on Energy with diabetes, and there may be a vac- available, it could be used to make sure and Natural Resources. cine for HIV/AIDS. energy research is a priority. Mr. REED. Mr. President, today, Just as remarkable are the opportu- Let’s not continue to give away this along with my colleague Senator HELL- nities available in clean energy re- money to wind developers that have ER, I am introducing the Storage Tech- search: lowering the cost of energy, been using it to get rich over the last nology for Operational Readiness and cleaning up the air, improving health, 24 years, often over the objections of Generating Energy Act, or STORAGE reducing poverty, and helping us deal communities, towns, and homeowners Act. I thank Senator HELLER for his with climate change—not just in the who don’t want their farmlands and work with me on this bipartisan bill. United States, but all around the mountain lands covered with 45-story The advent of energy storage capac- world. turbines with blades as long as a foot- ity means unused energy from renew- Congress has been focused on dou- ball field. able sources can be made available for bling energy research since the 2007 It is obvious what Congress ought to use when needed, rather than wasted. America COMPETES Act that was do, and it is obvious how we ought to

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.025 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S5005 pay for it. In 2014, taxpayers com- other hand, wind, despite these huge as I said, mostly when demand is low mitted to spend—or Congress com- subsidies, produces 15 percent of our at night and does not blow when de- mitted for them—another $6 billion to country’s carbon-free electricity. The mand is high during the day. Wind pro- extend the wind subsidy for 1 year. Let wind often blows at night when elec- duction tends to peak in the spring and me emphasize that—$6 billion to ex- tricity isn’t needed, and it isn’t easy to fall when the need for energy is at its tend the wind subsidy for 1 year. That store that electricity. lowest. In fact, wind production de- amount is more than the United States It is hard to think of an important creases in the winter and summer, of America spends in an entire year on technological innovation since World when heating and cooling needs can energy research through the Office of War II that hasn’t involved at least dramatically increase the demand for Science. That money could be used in- some form of government-sponsored re- electricity. stead to put us on a path to double gov- search. Natural gas, our latest energy Until there is some way to cost-effec- ernment funding for basic energy re- boom, is a very good example. The de- tively store wind power, it would be search. velopment of unconventional gas was dangerous for a country our size to rely Let’s not make that same mistake enabled in part by 3–D mapping at significantly on wind. Relying on wind again. Basic energy research is one of Sandia National Laboratory in New when nuclear plants are available is the most important things we can do in Mexico and the Department of Ener- the energy equivalent of going to war this country. We need to unleash our gy’s large-scale demonstration project. in sailboats when a nuclear navy is free enterprise system to provide clean, Then our free enterprise system and available. cheap, reliable energy that will power our tradition of private ownership of If reliable, cheap, and clean elec- our 21st century economy, create good mineral rights capitalized on our basic tricity is the goal, then four nuclear jobs, and keep America competitive in energy research. reactors, each occupying 1 square mile, the global economy. Supercomputing, which is part of the would equal the production of a row of Political scientist Bjorn Lomborg Office of Science, is another tool for 45-story wind turbines strung the en- wrote in the Wall Street Journal last energy innovation. Supercomputing tire length of the 2,178-mile Appa- month that ‘‘the Obama administra- could do for nuclear power what mas- lachian Trail from Georgia to Maine. tion’s signature power policy, the sive hydraulic fracturing, new mapping Even if you wanted to build all of those Clean Power Plan . . . will accomplish tools, and horizontal drilling did for turbines along the most picturesque almost nothing.’’ He said: natural gas. By the end of next year, mountains in the Eastern United We should focus more on green-energy re- we expect the world’s fastest supercom- States, you would still need a nuclear search and development, like that promoted puter will again be in the United reactor or gas plant to power your by Bill Gates and the Breakthrough Coali- States, and once again, it will be at the home or business when the wind does tion. Mr. Gates has announced that private Oak Ridge National Laboratory in Ten- not blow. investors are committing $7 billion for clean nessee. These are not your grandma’s wind- energy R&D while the White House will dou- That computer is called Summit, and mills. Each one is over two times as ble its annual $5 billion green innovation it will help researchers better under- tall as the skyboxes at the University fund. Sadly, this sorely needed investment is stand materials, nuclear power, and of Tennessee football stadium and tall- a fraction of the cost of the same adminis- basic energy science to drive break- tration’s misguided carbon-cut policies. er than the Statue of Liberty. The throughs. Supporting the next genera- Instead of rhetoric and ever-larger sub- blades on each one are as long as a tion of computers, known as exascale, sidies of today’s inefficient green tech- football field. Their blinking lights can an area of agreement between the nologies, those who want to combat climate be seen for 20 miles. Obama administration and Congress, is change should focus on dramatically boost- Many communities—take a look at ing innovation to drive down the cost of fu- also essential to our ability to solve the windmills in Palm Springs, CA— ture green energy. the most complex scientific problems where wind projects have been pro- Finally, Bjorn Lomborg writes: for both our country’s competitiveness posed have tried to stop them before The U.S. has already shown the way. With and national security. its relentless pursuit of fracking driving Exascale computers will have a 1,000- they go up because, once the wind tur- down the cost of natural gas, America has fold increase in sustained performance bines and new transmission lines are made a momentous switch from coal to gas over today’s petascale computers, built, it is hard to take them down. that has done more to drive down carbon di- which have been operating since 2008. In October, the residents of Irasburg, oxide emissions than any recent climate pol- Congress can invest in this kind of VT, voted 274 to 9 against a plan to in- icy. innovation or we can invest in sub- stall a pair of 500-foot turbines on a That is the end of the quote from the sidizing giant wind turbines that ridgeline visible from their neighbor- article in the Wall Street Journal. produce a puny amount of electricity hoods. In my own conversations with Mr. at a great cost to taxpayers. Some en- In New York, three counties opposed Gates, he has said the government ergy developers are reaping great fi- 500- to 600-foot wind turbines next to should double its $5 billion annual in- nancial benefits provided by the wind Lake Ontario. People in the town of vestment in basic energy research in production tax credit, which has been Yates voted unanimously to oppose the order to support clean energy innova- in place now for 24 years. It has pro- project in order to ‘‘preserve their tion in the private sector. For example, vided billions in subsidies to the wind rural landscape.’’ Yet utilities are talk- that research could help develop small industry and has been extended 10 dif- ing about closing nuclear reactors, modular reactors which would allow in- ferent times. which produce 60 percent of our carbon- herently safe nuclear power to be pro- The subsidy to Big Wind is so gen- free electricity. duced with less capital investment and erous that, in some markets, wind pro- In January, Apex Clean Energy an- less resulting nuclear waste in more ducers can literally give their elec- nounced it would spoil Tennessee’s places. Small modular reactors are one tricity away and still make a profit. mountain beauty by building up to 23 way the country can increase cheap, This phenomenon is called negative wind turbines in Cumberland County, clean, reliable power. Another way is pricing. Most of the time, wind power less than 10 miles from Cumberland to continue to develop new advanced is unreliable and ineffective at meeting Mountain State Park, where for a half reactors and do the research that is the demands of our industries, our century Tennesseans and tourists have necessary to begin the process of ex- computers, our homes, and almost ev- camped, fished, canoed, and kayaked tending reactor licenses from 60 to 80 erything else we depend upon. Nation- alongside herons and belted kingfishers years. wide, wind power is available about 35 around Byrd Lake. Residents are voic- Why should we close reactors when percent of the time, and only 18 per- ing their opposition. The city council our 100 reactors provide 60 percent of cent of the time in Tennessee, my has voted to oppose it. the carbon-free electricity in the home State, while nuclear power on Finally, Clean Line Energy is pro- United States? Nuclear power provides the other hand is available 92 percent posing to build a single 700-mile direct 60 percent of the carbon-free electricity of the time. current transmission line from Okla- in the United States today. It is avail- Wind is not effective at meeting peak homa, through Arkansas, to deliver able 92 percent of the time. On the power demands because the wind blows, wind power to Tennessee and other

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.044 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S5006 CONGRESSIONAL RECORD — SENATE July 12, 2016 Southeastern States even though the to the maritime areas of the South China range of offensive and defensive military ca- Tennessee Valley Authority has an- Sea encompassed by the relevant part of the pabilities and support increased PLAN and nounced publicly that it does not need ‘nine-dash line’ are contrary to the Conven- CCG presence beginning in 2016.’’; the power. Yet the subsidies for wind tion and without lawful effect to the extent Whereas, on May 30, 2015, Secretary of De- that they exceed the geographic and sub- fense Ashton Carter stated at the Shangri-La are so large that developers are con- stantive limits of China’s maritime entitle- Dialogue in Singapore, ‘‘[T]he United States tinuing with wind projects anyway. Ar- ments under the Convention’’; will continue to protect freedom of naviga- kansas objects to the project. Ten- Whereas, on January 22, 2013, arbitration tion and [overflight—principles] that have nessee does not need the power. But began when the Philippines served China ensured security and prosperity in this re- the Federal Government is attempting with a Notification and Statement of Claim gion for decades. There should be no mis- to use Federal eminent domain to pro- pursuant to the UNCLOS provisions con- take: the United States will fly, sail, and op- ceed. According to the Congressional cerning the resolution of disputes and the ar- erate wherever international law allows, as bitration procedure; Research Service, this would be the United States forces do all over the world.’’; Whereas, on February 19, 2013, China re- Whereas, in October 2015, January 2016, and first time that Federal eminent do- jected and returned the Philippines’ Notifi- May 2016, the United States Navy conducted main authority has been used for elec- cation and since that date has refused to par- three freedom of navigation operations tric transmission lines over the objec- ticipate in the arbitration proceedings; (FONOP) in the area, transiting inside the tion of a State. Whereas, on June 21, 2013, the Tribunal was 12-mile nautical zone of the contested fea- The wind production tax credit is as constituted pursuant to the procedure set tures in the South China Sea; bad for taxpayers as giant wind tur- out in Annex VII of the UNCLOS to decide Whereas Article 5 of the Mutual Defense the dispute presented by the Philippines; Treaty Between the United States and the bines are bad for the environment. Whereas, on October 29, 2015, the Tribunal Clean energy research can help us Republic of the Philippines, signed on Au- held that ‘‘both the Philippines and China gust 30, 1951, states that ‘‘an armed attack lower the cost of energy, clean the air are parties to [UNCLOS] and bound by its on either of the Parties is deemed to include and improve health, reduce poverty, provisions on the settlement of disputes,’’ an armed attack on the metropolitan terri- and deal with climate change. Let’s that ‘‘China’s decision not to participate in tory of either of the Parties, or on the island end the wind production tax credit this these proceedings does not deprive the Tri- territories under its jurisdiction in the Pa- year instead of 2019 and authorize the bunal of jurisdiction,’’ and that ‘‘the Phil- cific or on its armed forces, public vessels or ippines’ decision to commence arbitration $8.1 billion in basic energy research to aircraft in the Pacific’’; and unilaterally was not an abuse of the Conven- Whereas the United States reiterates its find more ways to ensure that the tion’s dispute settlement procedures’’; United States has reliable sources of security commitment to Japan and reaffirms Whereas the South China is one of the that Article 5 of the United States-Japan cheap, efficient, and carbon-free elec- world’s most strategically important com- Treaty of Mutual Cooperation and Security tricity. mercial waterways, and almost 30 percent of covers all territories under Japan’s adminis- the world’s maritime trade transits the f tration, including the Senkaku islands; Now, South China Sea annually, including ap- therefore, be it SUBMITTED RESOLUTIONS proximately $1,200,000,000,000 in ship-borne Resolved, That the Senate— trade bound for the United States; (1) supports the July 12, 2016, ruling issued Whereas, according to the United States by the Tribunal as binding on all parties in SENATE RESOLUTION 526—CALL- Energy Information Administration, there the case, and calls on all claimants to pursue ING FOR ALL PARTIES TO RE- are approximately 11,000,000,000 barrels and peaceful resolution of outstanding maritime SPECT THE ARBITRAL TRIBUNAL 190,000,000,000,000 cubic feet of proven and claims in the South China Sea consistent probable oil and natural gas reserves in the with international law; RULING WITH REGARD TO THE South China Sea; (2) urges all parties to take action to im- SOUTH CHINA SEA AND TO EX- Whereas, according to the United States plement the Declaration on the Conduct of PRESS UNITED STATES POLICY Department of Defense, ‘‘[a]lthough the Parties in the South China Sea and take ON FREEDOM OF NAVIGATION United States takes no position on com- steps towards early conclusion of a meaning- peting sovereignty claims to land features in AND OVERFLIGHT IN THE EAST ful Code of Conduct, which would provide the region, all such claims must be based AND SOUTH CHINA SEAS agreed upon rules of the road to reduce ten- upon land (which in the case of islands sion among claimant states; Mr. GARDNER (for himself, Mr. means naturally formed areas of land that (3) opposes any actions in the South China MCCAIN, Mr. COTTON, Mr. SULLIVAN, are above water at high tide), and all mari- Sea to change the status quo by coercion, Mr. RUBIO, and Mrs. ERNST) submitted time claims must derive from such land in force, or the threat of use of force; the following resolution; which was re- accordance with international law,’’; Whereas, according to the Department of (4) calls on the Government of the People’s ferred to the Committee on Foreign Republic of China to cease all reclamation Relations: Defense, ‘‘[s]ince Chinese land reclamation efforts began in December 2013, China has re- and militarization activities in the South S. RES. 526 claimed land at seven of its eight Spratly China Sea and end provocative actions in the Whereas, on July 12, 2016, the Permanent outposts and, as of June 2015, had reclaimed East China Sea, which undermine peace and Court of Arbitration (PCA) of the Inter- more than 2,900 acres of land’’; stability in the region; national Tribunal of the Law of the Sea Whereas, according to Director of National (5) reaffirms Article V of the Mutual De- (‘‘Tribunal’’), constituted under the United Intelligence: ‘‘China continued its land rec- fense Treaty Between the United States and Nations Convention on the Law of the Sea lamation efforts at Subi and Mischief Reefs the Republic of the Philippines; (UNCLOS), done at Montego Bay December after 5 August 2015, based on commercial im- (6) reaffirms Article V of the Treaty of Mu- 10, 1982, issued a legally binding ruling on agery. Between that date and late October, tual Cooperation and Security between the the parties in the case brought at the re- when reclamation activity ended, China re- United States and Japan; quest of the Republic of Philippines against claimed more than 100 additional acres of (7) urges the Secretary of State to utilize the People’s Republic of China concerning a land.’’; all diplomatic channels to communicate dispute over the maritime jurisdiction in the Whereas, according to the Director of Na- worldwide unwavering United States support South China Sea; tional Intelligence: ‘‘We assess that China for freedom of navigation and overflight in Whereas the Tribunal supported the Phil- has established the necessary infrastructure the South China Sea; and ippines’ claim that China breached its sov- to project military capabilities in the South (8) urges the Secretary of Defense to rou- ereign rights, ruling that ‘‘China has, by pro- China Sea beyond that which is required for tinely enforce freedom of navigation and mulgating its 2012 moratorium on fishing in point defense of its outposts. These capabili- overflight in the East and South China Seas, the South China Sea, without exception for ties could include the deployment of modern which is critical to United States national areas of the South China Sea falling within fighter aircraft, surface-to-air missiles security interests and peace and prosperity the exclusive economic zone of the Phil- (SAMS), and coastal defense cruise missiles, in the Asia-Pacific region. ippines and without limiting the moratorium as well as increased presence of People’s Lib- Mr. GARDNER. Mr. President, I rise to Chinese flagged vessels, breached Article eration Army Navy (PLAN) surface combat- to speak about American leadership in 56 of the Convention with respect to the ants and China Coast Guard (CCG) large pa- the Asia-Pacific region, an area that Philippines’ sovereign rights over the living trol ships.’’; will be more and more critical to our resources of its exclusive economic zone’’ Whereas, according to the Director of Na- economy and national security for gen- Whereas the Tribunal invalidated China’s tional Intelligence: ‘‘We assess that China so-called ‘‘nine-dash line’’ sovereignty will continue to pursue construction and in- erations to come. claims over the South China Sea, concluding frastructure development at its expanded Earlier today, an international tri- that ‘‘as between the Philippines and China, outposts in the South China Sea. Based on bunal issued an important ruling re- China’s claims to historic rights, or other the pace and scope of construction at these garding maritime claims in the South sovereign rights or jurisdiction, with respect outposts, China will be able to deploy a China Sea, which can potentially have

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.045 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S5007 lasting consequences for peace and sta- erations—or FONOPs—in the area in able to see just how fast the Chinese bility in that region and global secu- October of 2015, January of 2016, and can build these islands. rity in general as the world chooses be- May of 2016, transiting inside the 12- According to reports and expert as- tween an order of rule or an order of mile nautical zone of the contested fea- sessments, what we are seeing here is lawlessness. Today, the tribunal ruled tures in the South China Sea. ‘‘an artificial island’’—what it looked in favor of our ally the Philippines and Last month, I attended the Shangri- like in the very beginning, the original against the People’s Republic of China, La Dialogue along with a number of structure—‘‘covering 75,000 square which has refused to recognize and par- my Senate colleagues, and we heard a yards—about 14 football fields—includ- ticipate in the tribunal altogether, a tremendous amount of concern from ing two piers, a cement plant and a tribunal sanctioned under inter- regional leaders, not only about the helipad, at a land formation called national agreement both nations are a South China Sea but also about wheth- Hughes Reef. . . . The reef, which is party to. er or not the United States can endure above water only at low tide, lies about The tribunal began its work on Janu- regionally and globally. The South 210 miles from the Philippines and 660 ary 22, 2013, when the Philippines China Sea and what happens there are miles from China.’’ served notice to China in international important tests of American leadership So here is what this looked like in court regarding the violations of its and our ability to support our close al- 2014—this original structure right here, sovereignty and China’s claims in the lies in the face of aggression that is the Hughes Reef. We can see what it South China Sea. outside of international norms. looked like here, and in January of On February 19, 2013, China rejected So we need to start this conversa- 2015: 75,000 square yards of land rec- and returned the Philippines’ notifica- tion, as well, by asking the simple lamation activities, the helipad over tion, and since that date, China has re- question: How did we get here? here, the original structure—we can fused to participate in the arbitration I wish to point out a chart that helps see it right here—and the cement proceedings. show what is going on in the South plant. There are 14 football fields worth On October 29, 2015, the tribunal held China Sea. The situation in the South of land reclamation on a structure that that despite China’s nonparticipation, is only 210 miles away from the Phil- it has the jurisdiction to deliver a bind- China Sea stems from a Chinese claim called the nine-dash line. It is the red ippines yet 660 miles away from China. ing legal ruling in this case since both These actions not only show blatant nations are treaty participants. dash line here in the South China Sea, which covers more than 90 percent of disregard for the rights of the other Today, the panel ruled that China claimants in the South China Sea, but ‘‘breached the sovereign rights of the the South China Sea. We can see it on the chart, within the lines. it undermines international law. Philippines’’ with regard to maritime This is what the international tri- disputes between the two nations. More China has never offered any detailed explanation or any legal basis for this bunal confirmed today. Now it is up to importantly, the tribunal invalidated the United States and the world to ad- claim. As the ruling stated today by China’s sovereignty claims over almost dress the question as to what comes the tribunal: the entirety of the South China Sea, next. stating that ‘‘China’s claims to his- As far as the Tribunal is aware, China has Make no mistake, through these ac- toric rights or jurisdiction, with re- never expressly clarified the nature or scope of its claimed historic rights. Nor has it ever tivities, China has sent a message not spect to the maritime areas of the only to its neighbors but also to Amer- South China Sea encompassed by the clarified its understanding of the meaning of the ‘‘nine-dash line.’’ ica as a Pacific power, and we must be relevant part of the ‘nine-dash line’ are For decades we did not pay much at- ready to answer. contrary to the Convention and with- So today I am proud to submit a res- tention; the U.S. did not pay much at- out lawful effect.’’ olution with my colleagues, Senators tention to these groundless claims be- While the United States is not di- MCCAIN, COTTON, SULLIVAN, RUBIO, and cause, while there are certainly inci- rectly a party to this dispute and takes ERNST, that offers some policy guide- dents and skirmishes, China did not no position on the sovereignty claims lines moving forward on how to address take the highly coercive actions to en- among the various claimants, this rul- the challenge of the South China Sea. force its claims that we see today. ing is important for many reasons: Our resolution, first of all, supports the However, over the last several years, First, the South China Sea is one of July 12, 2016, ruling issued by the tri- the most important commercial water- China has significantly upped the ante bunal as binding on all parties and ways in the world. Almost 30 percent of and undertaken a massive effort to re- calls on all parties to pursue peaceful the world’s maritime trade transits the claim a number of the disputed fea- resolution of outstanding maritime South China Sea annually, including tures in the South China Sea and to claims in the South China Sea con- approximately $1.2 trillion in ship- militarize these islands. sistent with international law. It urges borne trade bound for the United According to the Department of De- all parties to take action to implement States. fense, ‘‘[s]ince Chinese land reclama- the Declaration on the Conduct of Par- Moreover, according to the U.S. En- tion efforts began in December of 2013, ties in South China Sea and take steps ergy Information Administration, China has . . . reclaimed more than toward early conclusion of a meaning- there are approximately 11 billion bar- 2,900 acres of land’’ and ‘‘has deployed ful, binding code of conduct which rels and 190 cubic feet of proven and artillery, built aircraft runways and would provide agreed-upon rules of the probable oil and natural gas reserves in buildings and positioned radars and road to reduce tension among claimant the South China Sea itself which China other equipment.’’ States. wants to claim. According to the Director of National It states that we will oppose any ac- Second, the ruling reinforces the Intelligence: tions in the South China Sea to change right of our military to operate freely We assess that China has established the the status quo by coercion, force, or in the region, utilizing our long- necessary infrastructure to project military the threat of use of force. standing rights of international transit capabilities in the South China Sea beyond It calls on the People’s Republic of on the high seas—the rights long estab- that which is required for point defense of its China to cease all reclamation and outposts. These capabilities could include lished by international law. militarization activities in the South On May 30, 2015, speaking at the the deployment of modern fighter aircraft, China Sea and to end provocative ac- Shangri-La Dialogue in Singapore, Sec- surface-to-air missiles, and coastal defense tions in the East China Sea, which un- retary of Defense Ash Carter stated: cruise missiles, as well as increased presence of Peoples’ Liberation Army Navy surface dermine peace and stability in the re- The United States will continue to protect combatants and China Coast Guard large pa- gion. freedom of navigation and overflight—prin- trol ships. ciples that have ensured prosperity and secu- Furthermore, the resolution reaf- rity in this region for decades. There should With these capabilities, China could firms article V of the Mutual Defense be no mistake: The United States will fly, easily intimidate and, if needed, over- Treaty between the United States and sail, and operate wherever international law power its much smaller and less capa- the Republic of the Philippines, and ar- allows, as U.S. forces do all over the world. ble neighbors. ticle V of the Treaty of Mutual Co- The United States has since con- So let me point out the second chart operation and Security between the ducted three freedom of navigation op- here today. In the next year, we will be United States and Japan.

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.047 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S5008 CONGRESSIONAL RECORD — SENATE July 12, 2016 It urges the U.S. State Department magnet to attract other gifts from across the values for the people of the United States: to utilize all diplomatic channels to United States and established the highest Now, therefore, be it communicate worldwide, unwavering standard of quality for the works of art, re- Resolved, That the Senate— U.S. support for freedom of navigation sulting in one of the finest collections in the (1) recognizes the 75th anniversary of the world, with more than 144,000 works; opening of the National Gallery of Art; and overflight of the South China Sea, Whereas the collections of the Gallery (2) acknowledges the contribution of the and it urges the U.S. Department of have grown entirely through private dona- National Gallery of Art to the cultural life of Defense to routinely enforce freedom of tions from generous individuals in service to the United States; navigation and overflight in East and all of the people of the United States; (3) applauds the work of the National Gal- South China Seas, which is critical to Whereas the Gallery epitomizes the fruit- lery of Art to collect and preserve art, edu- U.S. national security interests and ful collaboration of the United States Gov- cate people in the United States, and bring peace and prosperity in the Asia-Pa- ernment and the people of the United States exciting exhibitions for all to enjoy; in creating a great institution dedicated to cific region. (4) commends the work of the staff of the art, education, and service; National Gallery of Art to ensure that all of It is my sincere hope that instead of Whereas all subsequent Presidents and the people of the United States have access an escalation, China chooses the oppo- Congresses have supported the Gallery by to the highest quality art; and site track and abides by this ruling and providing for the protection and care of the (5) continues to support the National Gal- immediately ceases its destabilizing collection; lery of Art, a great national treasure. activities. But should that not come to Whereas Federal support and donations of pass, the United States and our allies extraordinary art from generous individuals in the United States have resulted in the f must be ready to lead and defend our most successful public-private partnership in allies, our values, and our principles. the United States, hosting more than SENATE RESOLUTION 528—COM- The world is better served when 250,000,000 visitors from every State and from MENDING THE TENNESSEE VAL- those of us around the globe recognize other countries to demonstrate the commit- LEY AUTHORITY ON THE 80TH rules of international behavior, inter- ment of the United States to promoting the shared cultural heritage of all humanity; ANNIVERSARY OF THE UNIFIED national law, and that we can together DEVELOPMENT OF THE TEN- reinforce responsible behavior. And we Whereas the permanent collection of the Gallery comprises masterpieces of art from NESSEE RIVER SYSTEM will know going forward from this rul- Europe and the United States from the Ren- Mr. ALEXANDER (for himself, Mr. ing if China is going to be a responsible aissance period to the present day; BURR, Mr. COCHRAN, Mr. CORKER, Mr. rising power that respects the rules of Whereas some 1,200 temporary exhibitions international law, or if the history have brought great art from throughout the ISAKSON, Mr. KAINE, Mr. PERDUE, Mr. books will later look back at this time world, from a wide range of cultures and SHELBY, Mr. TILLIS, Mr. WARNER, and period and show a nation that decides time periods, to the people of the United Mr. WICKER) submitted the following to ignore international law, to ignore States; resolution; which was considered and Whereas the Gallery has set a standard of agreed to: the law that binds itself with its neigh- generosity in lending works of art to muse- S. RES. 528 bors and, instead, acts out of self-gain ums throughout the United States and in and self-interests. sending those works as ambassadors of good Whereas the Tennessee Valley Authority No matter what happens going for- will to countries throughout the world; (in this preamble referred to as the ‘‘TVA’’) ward, the United States must show Whereas, for 75 years, the Gallery has was created by Congress in 1933 to improve leadership, resolve, and we must show served as both trustee of the fine arts collec- navigation along the Tennessee River, re- duce the risk of floods and flood damage, our allies that we are committed to tion of the United States and as an active and vigorous educational resource, serving provide low-cost electricity, and promote en- making sure that international law is hundreds of thousands of students who visit vironmental stewardship and economic de- respected and upheld. Washington, DC; velopment in the region; Mr. President, I yield the floor. Whereas, since its founding, the Gallery Whereas the TVA submitted a plan to Con- gress in March of 1936 to improve navigation f has provided art education programs without charge to students in elementary and sec- of the Tennessee River and to help control SENATE RESOLUTION 527—RECOG- ondary schools and at institutions of higher flooding in the Tennessee Valley; NIZING THE 75TH ANNIVERSARY learning in every State; Whereas Norris Dam, the first dam con- OF THE OPENING OF THE NA- Whereas, through the support of Andrew structed by the TVA, began to operate on TIONAL GALLERY OF ART Mellon and his son Paul, the Gallery serves July 28, 1936; as an international center for scholarship Whereas the integrated management of the Mr. UDALL (for himself, Ms. MIKUL- and research and is a leader in internation- Tennessee River system by the TVA provides SKI, and Mr. LEAHY) submitted the fol- ally published conservation and research; a wide range of benefits that include elec- lowing resolution; which was referred Whereas the Gallery is home to a superb trical power, reducing floods, improving to the Committee on Rules and Admin- center for advanced studies in the visual arts water quality and supply, enhancing recre- istration: that brings new insights to the humane her- ation, and protecting public land; itage of mankind both nationally and inter- Whereas the TVA has improved navigation S. RES. 527 nationally; of the Tennessee River system and facili- Whereas March 17, 2016, marked the 75th Whereas the Gallery has created a major tated freight transportation; anniversary of the opening of the National art research library, housing a collection of Whereas the TVA has reduced the risk of Gallery of Art (in this preamble referred to more than 400,000 books, periodicals, and flood damage through the construction of as the ‘‘Gallery’’); documents on the history, theory, and criti- locks, dams, and reservoirs throughout the Whereas the Gallery is the culmination of cism of art and architecture, and an image Tennessee Valley; the dream of Andrew Mellon to endow a true collection of some 13,000,000 photographs, Whereas the TVA provides reliable and af- national gallery in Washington, DC; slides, negatives, and microform images of fordable electricity and has stimulated eco- Whereas President Franklin Delano Roo- Western art and architecture; nomic growth; sevelt and the 75th Congress recognized the Whereas, since 1942, the Gallery has spon- Whereas the TVA continues to promote importance of this monumental gift to the sored more than 3,100 free Sunday concerts economic development by helping companies people of the United States by quickly ac- featuring the National Gallery Orchestra as and communities attract investments that cepting the gift of Mr. Mellon on behalf of well as musicians and ensembles from bring good jobs to the Tennessee Valley re- the United States; around the world for the enjoyment of more gion; and Whereas the landmark buildings of the than 1,000,000 visitors, creating what is con- Whereas the TVA continues to serve more Gallery were given to the people of the sidered the oldest continuous series of free than 9,000,000 customers in Alabama, Geor- United States as gifts by Andrew Mellon and weekly concerts in Washington, DC; gia, Tennessee, Mississippi, Kentucky, North his children, Paul Mellon and Ailsa Mellon Whereas, to facilitate learning, enrich- Carolina, and Virginia: Now, therefore, be it Bruce; ment, enjoyment, and exploration, the Gal- Resolved, That the Senate— Whereas the agreement to place the Gal- lery has expanded its educational mission by (1) commends the Tennessee Valley Au- lery on the National Mall, side-by-side with providing free downloads of more than 45,000 thority on the 80th anniversary of the uni- the monuments most meaningful to the peo- digital images of works from its collection fied development of the Tennessee River sys- ple of the United States, symbolized the im- through its innovative web service, tem; portance of art in the life of the United NGAImages; and (2) recognizes the important role of Norris States; Whereas the Gallery provides permanence Dam, the first dam constructed by the Ten- Whereas the extraordinary collection of in an ever-changing world, maintaining a nessee Valley Authority, which was com- Mr. Mellon of 153 works of art served as a tangible record of human aspirations and pleted on July 28, 1936;

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.048 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S5009 (3) honors the accomplishments of the Ten- Whereas Baquer Namazi is a recognized East, North Africa, and the former Soviet nessee Valley Authority in improving navi- leader of humanitarian causes, especially Union between 1933 and the date of adoption gation, controlling floods, promoting envi- poverty eradication, through his United Na- of this resolution; ronmental stewardship, and providing afford- tions work and his post-retirement civil soci- Whereas it is estimated that there are at able electricity throughout the Tennessee ety activities; least 100,000 Holocaust victims living in the Valley region; Whereas Secretary of State John Kerry United States and approximately 500,000 Hol- (4) recognizes the Tennessee Valley Au- stated on February 25, 2016, in response to a ocaust victims living around the world, in- thority for its long and proud history of serv- question about the detention of Siamak cluding child survivors of the Holocaust; ice in the areas of energy, the environment, Namazi, ‘‘I am very familiar with this and I Whereas tens of thousands of Holocaust and economic development throughout Ala- am engaged on it specifically’’; and victims are at least 80 years old, and the bama, Georgia, Tennessee, Mississippi, Ken- Whereas on January 16, 2016, the Govern- number of surviving Holocaust victims is di- tucky, North Carolina, and Virginia; and ment of the Islamic Republic of Iran released minishing; (5) respectfully requests the Secretary of United States citizens Jason Rezaian of Cali- Whereas at least 50 percent of Holocaust the Senate to transmit a copy of this resolu- fornia, Saeed Abedini of Idaho, Amir Mirzaei victims alive today will pass away within tion for appropriate display to— Hekmati of Michigan, Matthew Trevithick of the next decade, and those living victims are (A) the Chairman of the Board of the Ten- Massachusetts, and Nosratollah Khosravi- becoming frailer and have increasing health nessee Valley Authority, Joe Ritch; and Roodsari: Now, therefore, be it and welfare needs; Resolved, That the Senate— (B) the Chief Executive Officer of the Ten- Whereas Holocaust victims throughout the (1) calls upon the Government of the Is- nessee Valley Authority, William Johnson. world continue to suffer from permanent lamic Republic of Iran to unconditionally re- f lease Siamak and Baquer Namazi imme- physical and psychological injuries and dis- diately; abilities and live with the emotional scars of SENATE RESOLUTION 529—CALL- (2) urges the Secretary of State, the allies a systematic genocide against the Jewish ING UPON THE GOVERNMENT OF of the United States, and the United Nations people; THE ISLAMIC REPUBLIC OF IRAN to raise the cases of Siamak and Baquer Whereas many of the emotional and psy- TO RELEASE IRANIAN-AMERI- Namazi with officials of the Government of chological scars of Holocaust victims are ex- CANS SIAMAK NAMAZI AND HIS the Islamic Republic of Iran at every oppor- acerbated in the old age of the Holocaust vic- tims; FATHER, BAQUER NAMAZI tunity and undertake efforts to secure their immediate release; Whereas the past haunts and overwhelms Mr. BOOKER (for himself and Mr. (3) encourages the President to utilize ap- many aspects of the lives of Holocaust vic- HATCH) submitted the following resolu- propriate measures against the Government tims when their health fails them; tion; which was referred to the Com- of the Islamic Republic of Iran if Siamak and Whereas Holocaust victims suffer par- mittee on Foreign Relations: Baquer Namazi are not released; and ticular trauma when their emotional and (4) expresses sympathy to the family of physical circumstances force them to leave S. RES. 529 Siamak and Baquer Namazi for their anguish the security of their homes and enter insti- Whereas dual citizen of the United States and expresses hope that their ordeal can be tutional or other group living residential fa- and Iran Siamak Namazi studied inter- brought to an end in the near future. cilities; national relations at Tufts University and Whereas tens of thousands of Holocaust f urban planning at Rutgers University; victims live in poverty and cannot afford, Whereas Siamak Namazi was named as a SENATE CONCURRENT RESOLU- and do not receive, sufficient medical care, Young Global Leader by the World Economic TION 46—EXPRESSING SUPPORT home care, mental health care, medicine, Forum in 2007; FOR THE GOAL OF ENSURING food, transportation, and other vital life-sus- Whereas Siamak Namazi was a former THAT ALL HOLOCAUST VICTIMS taining services that allow individuals to Public Policy Fellow at the Woodrow Wilson LIVE WITH DIGNITY, COMFORT, live their final years with comfort and dig- Center for International Scholars, was a nity; business consultant, and most recently AND SECURITY IN THEIR RE- Whereas Holocaust victims often lack fam- worked in the petroleum industry for a com- MAINING YEARS, AND URGING ily support networks and require social pany based in Dubai, United Arab Emirates; THE FEDERAL REPUBLIC OF worker-supported case management in order Whereas Siamak Namazi traveled from GERMANY TO CONTINUE TO RE- to manage their daily lives and access gov- Dubai to Tehran to visit relatives in July AFFIRM ITS COMMITMENT TO ernment-funded services; 2015; COMPREHENSIVELY ADDRESS Whereas in response to a letter sent by Whereas Siamak Namazi was prohibited THE UNIQUE HEALTH AND WEL- Members of Congress to the Minister of Fi- from leaving Iran in mid-July 2015; FARE NEEDS OF VULNERABLE nance of Germany in December 2015 relating Whereas Siamak Namazi was interrogated to increased funding for Holocaust victims, for 3 months before he was detained on Octo- HOLOCAUST VICTIMS, INCLUDING German officials acknowledged that ‘‘recent ber 15, 2015, without any charges; HOME CARE AND OTHER MEDI- experience has shown that the care financed Whereas Amnesty International has stated CALLY PRESCRIBED NEEDS by the German Government to date is insuf- that detainees and prisoners in Iran have re- Mr. NELSON (for himself and Ms. ficient’’ and that ‘‘it is imperative to expand ported ‘‘acts of torture and other ill-treat- COLLINS) submitted the following con- these assistance measures quickly given the ment, particularly during primary investiga- current resolution; which was referred advanced age of many of the affected per- tions mainly to force ‘confessions’ or gather to the Committee on Foreign Rela- sons’’; other incriminatory evidence’’ and ‘‘were de- Whereas German Chancellor Konrad Ade- nied adequate medical care; in some cases, tions: nauer acknowledged, in 1951, the responsi- the authorities withheld prescribed medica- S. CON. RES. 46 bility of Germany to provide moral and fi- tions to punish prisoners’’; Whereas the annihilation of 6,000,000 Jews nancial compensation to Holocaust victims Whereas on March 14, 2016, the United Na- during the Holocaust and the murder of mil- worldwide; tions Special Rapporteur on the situation of lions of others by the Nazi German state Whereas every successive German Chan- human rights in the Islamic Republic of Iran constitutes one of the most tragic and hei- cellor has reaffirmed that acknowledgment, stated that serious human rights abuses con- nous crimes in human history; including Chancellor Angela Merkel, who, in tinue to be reported in Iran including ‘‘an Whereas hundreds of thousands of Jews 2007, reaffirmed that ‘‘only by fully accept- alarming surge in the rate of unlawful execu- survived persecution by the Nazi regime de- ing its enduring responsibility for this most tions in the country and ongoing arbitrary spite being imprisoned, subjected to slave appalling period and for the cruelest crimes arrests, detention and prosecution of individ- labor, moved into ghettos, forced to live in in its history, can Germany shape the fu- uals for the exercise of their fundamental hiding or under false identity or curfew, or ture’’; rights’’ and at least 966 persons were exe- required to wear the ‘‘yellow star’’; Whereas, in 2015, the spokesperson of Chan- cuted in Iran in 2015, which is the highest Whereas in fear of the oncoming Nazi cellor Angela Merkel confirmed that ‘‘all rate in more than 20 years; Einsatzgruppen, or ‘‘Nazi Killing Squads’’, Germans know the history of the murderous Whereas Siamak Namazi remains under ar- and the likelihood of extermination, hun- race mania of the Nazis that led to the break rest in Evin Prison even though no charges dreds of thousands of Jewish Nazi victims with civilization that was the Holocaust . . . have been filed against him; fled for their lives; we know the responsibility for this crime Whereas dual citizen of the United States Whereas whatever type of persecution suf- against humanity is German and very much and Iran, Baquer Namazi, who is the father fered by Jews during the Holocaust, the com- our own’’; and of Siamak Namazi was detained on February mon thread that binds Holocaust victims is Whereas Congress believes it is the moral 22, 2016, and is also being held in Evin Prison; that they were targeted for extermination and historical responsibility of Germany to Whereas Baquer Namazi worked for and they lived with a constant fear for their comprehensively, permanently, and urgently UNICEF in New York and served as the lives and the lives of their loved ones; provide resources for the medical, mental UNICEF Representative to Somalia, Kenya, Whereas Holocaust victims immigrated to health, and long-term care needs of all Holo- and Egypt; the United States from Europe, the Middle caust victims: Now, therefore, be it

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.030 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S5010 CONGRESSIONAL RECORD — SENATE July 12, 2016 Resolved by the Senate (the House of Rep- mittee on the Judiciary be authorized endar No. 652 only, with no other exec- resentatives concurring), That Congress— to meet during the session of the Sen- utive business in order. (1) acknowledges the financial and moral ate on July 12, 2016, at 10 a.m., in room The PRESIDING OFFICER. Is there commitment of the Federal Republic of Ger- SD–226 of the Dirksen Senate Office objection? many over the past seven decades to provide a measure of justice for Holocaust victims; Building, to conduct a hearing entitled Without objection, it is so ordered. and ‘‘FOIA at Fifty: Has the Sunshine The clerk will report the nomination. (2) supports the goal of ensuring that all Law’s Promise Been Fulfilled?’’ The senior assistant legislative clerk Holocaust victims in the United States and The PRESIDING OFFICER. Without read the nomination of Carole around the world are able to live with dig- objection, it is so ordered. Schwartz Rendon, of Ohio, to be United nity, comfort, and security in their remain- SELECT COMMITTEE ON INTELLIGENCE States Attorney for the Northern Dis- ing years. Mr. THUNE. Mr. President, I ask trict of Ohio for the term of four years. f unanimous consent that the Select Thereupon, the Senate proceeded to AUTHORITY FOR COMMITTEES TO Committee on Intelligence be author- consider the nomination. MEET ized to meet during the session of the Mr. COTTON. Mr. President, I know of no further debate on the nomina- COMMITTEE ON ARMED SERVICES Senate on July 12, 2016, at 2:30 p.m., in tion. Mr. THUNE. Mr. President, I ask room SH–219 of the Hart Senate Office The PRESIDING OFFICER. If there unanimous consent that the Com- Building. mittee on Armed Services be author- The PRESIDING OFFICER. Without is no further debate, the question is, ized to meet during the session of the objection, it is so ordered. Will the Senate advise and consent to the Rendon nomination? Senate on July 12, 2016, at 9:30 a.m. SUBCOMMITTEE ON ENERGY The nomination was confirmed. The PRESIDING OFFICER. Without Mr. THUNE. Mr. President, I ask Mr. COTTON. Mr. President, I ask objection, it is so ordered. unanimous consent that the Com- unanimous consent that the motion to COMMITTEE ON COMMERCE, SCIENCE, AND mittee on Energy and Natural Re- reconsider be considered made and laid TRANSPORTATION sources’ Subcommittee on Energy be upon the table, the President be imme- Mr. THUNE. Mr. President, I ask authorized to meet during the session diately notified of the Senate’s action, unanimous consent that the Com- of the Senate on July 12, 2016, at 2:30 and the Senate then resume legislative mittee on Commerce, Science, and p.m., in room SD–366 of the Dirksen session. Transportation be authorized to meet Senate Office Building. The PRESIDING OFFICER. Without during the session of the Senate on The PRESIDING OFFICER. Without objection, it is so ordered. July 12, 2016, at 10 a.m., in room SR–253 objection, it is so ordered. of the Russell Senate Office Building to SUBCOMMITTEE ON STATE DEPARTMENT, AND f conduct a hearing entitled ‘‘How Will USAID MANAGEMENT, INTERNATIONAL OPER- LEGISLATIVE SESSION the FCC’s Proposed Privacy Regulation ATIONS, AND BILATERAL INTERNATIONAL DE- Affect Consumers and Competition.’’ VELOPMENT The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without Mr. THUNE. Mr. President, I ask ate will now resume legislative session. objection, it is so ordered. unanimous consent that the Com- f COMMITTEE ON COMMERCE, SCIENCE, AND mittee on Foreign Relations Sub- TRANSPORTATION committee on State Department, and UNITED STATES SEMIQUIN- Mr. THUNE. Mr. President, I ask USAID Management, International Op- CENTENNIAL COMMISSION ACT unanimous consent that the Com- erations, and Bilateral International OF 2016 mittee on Commerce, Science, and Development be authorized to meet Mr. COTTON. Mr. President, I ask Transportation be authorized to meet during the session of the Senate on unanimous consent that the Senate during the session of the Senate on July 12, 2016, at 2:30 p.m., to conduct a proceed to the immediate consider- July 12, 2016, at 2:30 p.m., in room SR– hearing entitled ‘‘Public-Private Part- ation of H.R. 4875, which was received 253 of the Russell Senate Office Build- nerships in Foreign Aid: Leveraging from the House. ing to conduct a Subcommittee hearing U.S. Assistance for Greater Impact and The PRESIDING OFFICER. The entitled ‘‘Intermodal and Inter- Sustainability.’’ clerk will report the bill by title. dependent: the Fast Act, the Economy, The PRESIDING OFFICER. Without The senior assistant legislative clerk and Our Nation’s Transportation Sys- objection, it is so ordered. read as follows: tem.’’ The PRESIDING OFFICER. Without f A bill (H.R. 4875) to establish the United objection, it is so ordered. States Semiquincentennial Commission, and PRIVILEGES OF THE FLOOR for other purposes. COMMITTEE ON FINANCE Mr. THUNE. Mr. President, I ask Mr. FRANKEN. Mr. President, I ask There being no objection, the Senate unanimous consent that the Com- unanimous consent that my health pol- proceeded to consider the bill. mittee on Finance be authorized to icy fellow, Rachel Cumberbatch, be Mr. COTTON. Mr. President, I ask meet during the session of the Senate granted floor privileges for the remain- unanimous consent that the bill be on July 12, 2016, at 10 a.m., in room SD– der of this Congress. read a third time and passed and the 215 of the Dirksen Senate Office Build- The PRESIDING OFFICER. Without motion to reconsider be considered ing to conduct a hearing entitled ‘‘Ex- objection, it is so ordered. made and laid upon the table. amining the Stark Law: Current Issues Mr. CASSIDY. Mr. President, I ask The PRESIDING OFFICER. Without and Opportunities.’’ unanimous consent that Genevieve objection, it is so ordered. The PRESIDING OFFICER. Without Gorman, a legislative aid in my office, The bill (H.R. 4875) was ordered to a objection, it is so ordered. be granted the privileges of the floor third reading, was read the third time, COMMITTEE ON FOREIGN RELATIONS for the remainder of the 114th Con- and passed. Mr. THUNE. Mr. President, I ask gress. f unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on Foreign Relations be author- objection, it is so ordered. UNITED STATES APPRECIATION FOR OLYMPIANS AND ized to meet during the session of the f Senate on July 12, 2016, at 10 a.m., to PARALYMPIANS ACT conduct a hearing entitled ‘‘Review of EXECUTIVE SESSION Mr. COTTON. Mr. President, I ask the 2016 Trafficking in Persons Re- unanimous consent that the Com- port.’’ mittee on Finance be discharged from The PRESIDING OFFICER. Without EXECUTIVE CALENDAR further consideration of S. 2650 and the objection, it is so ordered. Mr. COTTON. Mr. President, I ask Senate proceed to its immediate con- COMMITTEE ON THE JUDICIARY unanimous consent that the Senate sideration. Mr. THUNE. Mr. President, I ask proceed to executive session to con- The PRESIDING OFFICER. Without unanimous consent that the Com- sider the following nomination: Cal- objection, it is so ordered.

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.030 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S5011 The clerk will report the bill by title. COMMENDING THE TENNESSEE experienced its warmest June on record The senior assistant legislative clerk VALLEY AUTHORITY ON THE ever. Already this year there have been read as follows: 80TH ANNIVERSARY OF THE UNI- eight weather-related and climate-re- A bill (S. 2650) to amend the Internal Rev- FIED DEVELOPMENT OF THE lated disasters that each caused at enue Code of 1986 to exclude from gross in- TENNESSEE RIVER SYSTEM least $1 billion in damage. Globally, it come any prizes or awards won in competi- Mr. COTTON. Mr. President, I ask was found that 2015 was the hottest tion in the Olympic Games or the year on record, and so far this year is Paralympic Games. unanimous consent that the Senate proceed to the consideration of S. Res. on track to beat last year. We can’t There being no objection, the Senate 528, submitted earlier today. even hold the record for a year—2016 proceeded to consider the bill. The PRESIDING OFFICER. The has been as hot as Pokemon GO—and Mr. COTTON. Mr. President, I ask clerk will report the resolution by anyone watching the Senate floor to- unanimous consent that the bill be title. night who is younger than 31 has never read a third time and passed, the mo- The senior assistant legislative clerk experienced in their life a month where tion to reconsider be considered made read as follows: the temperature was below the 20th and laid upon the table, and that the century average. papers be held at the desk. A resolution (S. Res. 528) commending the That last happened in February of Tennessee Valley Authority on the 80th an- The PRESIDING OFFICER. Without niversary of the unified development of the 1985. Ronald Reagan was starting his objection, it is so ordered. Tennessee River system. second term as President, and ‘‘Beverly The bill (S. 2650) was ordered to be There being no objection, the Senate Hills Cop’’ was the No. 1 film at the box engrossed for a third reading, was read proceeded to consider the resolution. office. If you went to the movies that the third time, and passed, as follows: Mr. COTTON. Mr. President, I ask month, you probably saw a trailer for S. 2650 unanimous consent that the resolution what would be that summer’s block- buster, ‘‘Back to the Future.’’ Be it enacted by the Senate and House of Rep- be agreed to, the preamble be agreed Well, that future is here. Tempera- resentatives of the United States of America in to, and the motions to reconsider be tures are increasing, sea levels are ris- Congress assembled, considered made and laid upon the ing, rainfall is more extreme, and the SECTION 1. SHORT TITLE. table with no intervening action or de- oceans are more acidic. Why is that? It This Act may be cited as the ‘‘United bate. is mostly because of carbon dioxide States Appreciation for Olympians and The PRESIDING OFFICER. Without pollution that is released from the ex- Paralympians Act’’. objection, it is so ordered. traction and burning of fossil fuel. Vir- SEC. 2. OLYMPIC AND PARALYMPIC MEDALS AND The resolution (S. Res. 528) was USOC PRIZE MONEY EXCLUDED tually all climate scientists agree that agreed to. FROM GROSS INCOME. the climate is changing and that The preamble was agreed to. (a) IN GENERAL.—Section 74 of the Internal human interference with the climate is Revenue Code of 1986 is amended by adding (The resolution, with its preamble, is now the driving force of that change. at the end the following new subsection: printed in today’s RECORD under ‘‘Sub- Thanks to excellent investigative re- ‘‘(d) EXCEPTION FOR OLYMPIC AND mitted Resolutions.’’) PARALYMPIC MEDALS AND PRIZES.—Gross in- porting at Inside Climate News and come shall not include the value of any f other news outlets, we now know that medal awarded in, or any prize money re- ORDERS FOR WEDNESDAY, JULY as far back as the 1970s, Exxon and the ceived from the United States Olympic Com- 13, 2016 other oil companies were following the mittee on account of, competition in the latest developments in climate science Mr. COTTON. Mr. President, I ask Olympic Games or Paralympic Games.’’. and Exxon was undertaking its own re- (b) EFFECTIVE DATE.—The amendment unanimous consent that when the Sen- search on the impact of carbon pollu- made by this section shall apply to prizes ate completes its business today, it ad- and awards received after December 31, 2015. tion on the climate. journ until 9:30 a.m. on Wednesday, The top leadership of Exxon was f July 13; that following the prayer and warned in July of 1977 by its senior sci- pledge, the morning hour be deemed NATIONAL LOBSTER DAY entist James Black: ‘‘In the first place expired, the Journal of proceedings be there is general scientific agreement Mr. COTTON. Mr. President, I ask approved to date, and the time for the that the most likely manner in which unanimous consent that the Judiciary two leaders be reserved for their use mankind is influencing the global cli- Committee be discharged from further later in the day; further, that following mate is through carbon dioxide release consideration of S. Res. 513 and the leader remarks, the Senate resume from the burning of fossil fuels.’’ Senate proceed to its immediate con- consideration of the conference report That is from 1977 to Exxon from its sideration. to accompany S. 524, with the time own scientists. A year later in 1978, The PRESIDING OFFICER. Without until 11 a.m. equally divided between that same scientist once again told objection, it is so ordered. the two leaders or their designees. senior management: ‘‘Present thinking The clerk will report the resolution The PRESIDING OFFICER. Without holds that man has a time window of 5 by title. objection, it is so ordered. to 10 years before the need for hard de- The senior assistant legislative clerk f cisions regarding changes in energy read as follows: ORDER FOR ADJOURNMENT strategies that might become critical.’’ A resolution (S. Res. 513) designating Sep- Ten years later in 1988, a memo laid tember 25, 2016 as ‘‘National Lobster Day.’’ Mr. COTTON. Mr. President, if there out Exxon’s position, which included There being no objection, the Senate is no further business to come before these three points: No. 1, emphasize the proceeded to consider the resolution. the Senate, I ask unanimous consent uncertainty in scientific conclusions Mr. COTTON. Mr. President, I fur- that it stand adjourned under the pre- regarding the potential enhanced ther ask unanimous consent that the vious order, following the remarks of greenhouse gas effect; No. 2, urge a bal- resolution be agreed to, the preamble Senators MARKEY and WHITEHOUSE. anced scientific approach; and No. 3, be agreed to, and the motions to recon- The PRESIDING OFFICER. Without resist the overstatement and sider be considered made and laid upon objection, it is so ordered. sensationalization of potential green- the table with no intervening action or The Senator from Massachusetts. house effects which could lead to eco- debate. f nomic development of nonfossil fuel re- The PRESIDING OFFICER. Without sources. objection, it is so ordered. CLIMATE CHANGE Exxon knew full well back then the The resolution (S. Res. 513) was Mr. MARKEY. Mr. President, it is impact of carbon dioxide on the cli- agreed to. summer. It is supposed to be hot, but if mate and what that could mean to The preamble was agreed to. last month felt hotter than past sum- their businesses. Exxon, the Koch (The resolution, with its preamble, is mers, you are right. Last week the Na- brothers, Peabody Energy, and other printed in the RECORD of June 28, 2016, tional Oceanic and Atmospheric Agen- individuals and businesses whose prof- under ‘‘Submitted Resolutions.’’) cy, or NOAA, said the United States its might suffer under rules to reduce

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.077 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S5012 CONGRESSIONAL RECORD — SENATE July 12, 2016 carbon pollution have had a vested in- So while the scientific community was and Global Warming, in the House of terest in stopping climate action for sounding the alarm, it has now been re- Representatives, I heard Dr. Happer decades. vealed that Big Oil and fossil fuel com- use the theatrics of a CO2 meter as That is why Congress still hasn’t sent panies conspired to mute that alarm, proof that climate change doesn’t comprehensive climate legislation to and the Marshall Institute soon be- exist. He advocated for the government the President. More than 50 years ago, came a critical part of their climate to support an ‘‘alternative hypothesis’’ in a special message to Congress on denial web. and to support his alternative hypoth- pollution, President Lyndon Johnson Mind you, we are not talking about esis, which was nothing more than the noted that ‘‘the increase in carbon di- the original George C. Marshall. He denial of climate change. Just last oxide from the burning of fossil fuels would have had no part of this. This is year, while the climate talks in Paris has altered the composition of the just the absconding of his name and were underway, Dr. Happer testified be- global atmosphere.’’ Since then, the having it placed above an institute— fore the Senate Commerce Committee, scientific evidence and observation of the Marshall Institute—which is now continuing to spread doubt. But this climate changes already underway disseminating this bad science. That is past May, William Happer was a signa- have continued to mount. what has happened. tory on a misleading, full-page ad in But even as the science has become In 1989, this Marshall Institute pub- the New York Times. The ad, placed by overwhelming, climate policies have lished a report on climate change cast- another thread in the web of deceit, the gotten trapped in a web of denial. Dur- ing doubt on the impact of carbon pol- Competitive Enterprise Institute, at- ing the last 2 days, we have heard lution and spinning a core component tacked the reasonable efforts of New many of my colleagues talk about the of the web of denial. As Washington in- York attorney general Eric many strands of this web of denial. siders, the institute’s report was read Schneiderman and a coalition of other Like a real spiderweb, it is hard to see by the White House, shared by media attorneys general united for clean this web unless the light catches it in outlets, and became a so-called side of power who are investigating more than just the right way. So this evening I a new public debate on climate change. 100 businesses, nonprofits, and private am going to shine a light on a few The Marshall Institute turned debating individuals to see if they misled the threads of this web. climate change into a game, and the public about climate change. At the heart of this web is denial. science became a political football. It But the Marshall Institute’s efforts That is where you find the George C. was exactly what they wanted. By di- alone were not enough. So they helped Marshall Institute, whose attacks on viding climate science into sides, pit- form the cynically named Global Cli- the science of the so-called nuclear ting each one against the other, they mate Coalition in 1989, shortly after winter consequence of nuclear war and had found a foothold for doubt and a the formation of the IPCC at the U.N. its opposition to the nuclear freeze reason to delay climate action. to fight climate change. movement expanded over the years to Still, the first Bush administration The Marshall Institute CEO, William include anti-climate change efforts. signed and the Senate ratified the his- O’Keefe, a former lobbyist for Exxon, The institute was named after the U.S. toric United Nations Framework Con- chaired the coalition that included Army Chief of Staff during World War vention on Climate Change in 1992. The members of manufacturing, auto- II who then became Secretary of State. goal of the treaty was to reduce atmos- motive, oil and gas, mining and chem- He helped to rebuild Europe and won pheric greenhouse gas emissions and ical industries, and the U.S. Chamber the Nobel Peace Prize for what is now prevent ‘‘dangerous anthropogenic in- of Commerce. They invested in denial called the Marshall Plan. Given Mar- terference with Earth’s climate sys- and delay to allow business as usual to shall’s view of the need to address hun- tem.’’ But it took another 23 years, continue. But climate science and ger, poverty, desperation, and chaos, it until 2015, for the countries of the international climate efforts continued seems likely that if he were alive world to agree on a global solution in to advance after the UN Framework today, he would agree that national se- Paris last December. Convention on Climate Change came curity experts see that climate change That 1989 Marshall Institute report, into force. is a security threat to the United funded by the fossil fuel industry, was Of course, the fossil fuel coalition’s States. Marshall himself would likely an especially sticky strand of this web concern continued to increase. As the support efforts like the Green Climate of denial. Since then, the tactic of cast- IPCC worked on its second report in Fund to ensure that the poorest coun- ing doubt on climate science has been the early 1990s, it decided to include a tries in the world have the resources used time and again by the Marshall chapter entitled Detection of Climate necessary to overcome the challenges Institute and other organizations to Change and Attribution of Causes. It climate change pose to their economic delay policies that could hurt the prof- became clear that the world’s climate development. He would likely support its of oil, coal, and petro-polluters like scientists were examining the consider- American leadership of global climate the Kochs. This is what Senator WHITE- able collection of climate observations efforts to ensure that all countries are HOUSE has led all of us in trying to and research to see what they could taking action to address climate bring out here to the Senate floor— say about human influence on the cli- change. that there is a web, and the web goes mate. But the institute that carries the back to money, and that money is the So the Global Climate Coalition George Marshall name has countered profits that are made by the coal, the sprang into action to influence what international climate science and ac- gas, and the oil industries. Those mil- the IPCC might say about the human tion every step of the way. When the lions of dollars that the Marshall Insti- influence on climate. Marshall Institute first expanded into tute has received from Exxon and the At a November 1995 session to final- environmental policy in the 1980s, the Koch-connected foundation over the ize the text of the IPCC report, along- environment and climate change had years have allowed the web of denial to side Saudi Arabian and Kuwaiti rep- bipartisan support. In the 1988 election, grow. resentatives, the Global Climate Coali- George Herbert Walker Bush pledged to The Marshall Institute misinforma- tion weighed in heavily against the meet the ‘‘greenhouse effect with the tion campaign doesn’t just come in the chapter focused on the detection and White House effect.’’ Increasingly, form of reports. Their chairman, Wil- causes of climate change. After a flurry world scientists were raising concerns liam Happer, has testified in front of of negotiations and additional objec- about carbon pollution. In 1990, the Congress multiple times espousing cli- tions, the IPCC agreed that the first assessment report of the Intergov- mate denialism and perpetuating the amassed climate observations ‘‘now ernmental Panel on Climate Change, or self-serving interests of the fossil fuel point toward a discernable human in- IPCC, detailed what the fossil fuel industry and the Kochs. He may be an fluence on global climate.’’ companies already knew—that carbon accomplished physicist, but Dr. The world’s climate scientists, the pollution released from burning fossil Happer’s views on climate science have government representatives had now fuels was causing the Earth to warm. been routinely debunked. acknowledged that humans were alter- The very business model of the fossil When I was chairman on the Select ing the climate. So the calls for cli- fuel industry was altering the planet. Committee on Energy Independence mate action got louder, and the effort

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.079 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S5013 to extend the 1992 United Nations have reduced the Federal deficit and This is the world that the Koch Framework Convention on Climate cost the average American household brothers have forgotten. Their mission Change and draft what would become less than 50 cents per day. An analysis has always been to create doubt across the Kyoto Protocol in 1997 increased. of the American Council for an Energy America on climate science. They fund But in an effort to silence the calls to Efficient Economy found that Ameri- attempts to counter the fact that cli- action, the investment in the web of cans would save about as much as mate change is a threat to our national denial grew. CBO’s cost estimates from energy effi- security and to our public health. The Global Climate Coalition spent ciency policies in the bill that CBO did Their funding attempts to counter the more than $13 million opposing the not take into account. fact that action to combat climate Kyoto Protocol. Between 1994 and 1997, With an outstretched arm to lift change is feasible and necessary and they spent $1 million every year them into the clean energy future, the will create American jobs. They fund downplaying the threat of climate bill included more than $200 million for the web of denial to serve their own in- change. the coal industry, $200 billion to cap- terests to make billions in profits at Ultimately, this broad coalition col- ture carbon and to sequester it. Seven the expense of America’s health, Amer- lapsed as their business interests and years ago, we gave the fossil fuel indus- ica’s safety. the impact of climate change on their try a choice: legislation or regulation. But for someone who is focused on profits changed. The Global Climate But Exxon opposed the bill. The Koch protecting the poor and the vulnerable Coalition closed its doors in 2002, but brothers opposed the bill. Peabody coal of this world—that person understands opposed the bill, except for the parts the web of denial was already stretch- the threat presented by climate that helped the coal industry. Rather ing to find new places to grow. Those change. I have in my hand Pope than change their current business threads have since expanded with the Francis’s encyclical on climate change, model, centered on pumping more CO careful cultivation and collusion by the 2 ‘‘Laudato si’,’’ subtitled ‘‘On the Care into the atmosphere, they fought at- fossil fuel industry and the petrol pol- for our Common Home.’’ The Pope is a tempts to change the law. Now, 7 years luters. chemistry teacher. That is what he did later, Peabody coal has filed for bank- We know that the Koch brothers, before he became Pope. When he came ruptcy. We are continuing to untangle Exxon, and other major donors have in- to Washington, DC, last year, he spoke vested millions of dollars into organi- the Koch brothers’ web of denial. The Koch brothers have lied to the to Congress and delivered his sermon zations that actively work to discredit American people for decades about cli- on the Hill. He said that the planet is climate change and oppose climate leg- mate change. They have also lied to dangerously warming and that the islation. Those organizations pressure their own employees. When Waxman- science is settled. He said that human elected officials to take increasingly Markey was being debated, the Koch beings are a significant contributor to extreme stances with specific reference Industries newsletter published an arti- the dangerous warming of the planet. and focus on the members of the Re- cle attacking the climate change legis- He said that since humans are contrib- publican Party. lation and encouraging employees to uting to the problem, we have a moral During President George W. Bush’s check out specific Web sites for more obligation to do something about it. first campaign in 2000, he promised to information. The listed Web sites were When the rest of the world looked up, fight climate change by limiting green- funded by the Koch brothers. They sent they saw red, white, and blue CO2. house gas emissions. But in 2001, he their employees to other parts of the Since the United States has histori- pulled the United States out of the web of denial. When a Republican tries cally been the largest contributor of Kyoto Protocol. In 2005, his Vice Presi- to stand up and publicly support cli- carbon pollution, we must be the leader dent, Dick Cheney, helped pass an en- mate action, the Koch brothers’ ‘‘spidy in working to reduce our own pollu- ergy bill that included massive sub- sense’’ goes off and their web of denial tion. sidies and tax breaks for the fossil fuel springs into action. They mobilize, As soon as the Pope spoke out urging industry. they target, they attack every Repub- action on climate change, the well- As recently as 2008, the Republican lican who stands against their business oiled climate denial machine shifted Presidential nominee, Senator JOHN plan. Koch money floods primary cam- into high gear. The Acton Institute for MCCAIN, recognized the science of cli- paigns to ensure that their self-serving the Study of Religion and Liberty is mate change and supported action. lies trump in every election. another strand of the web of denial. Be- This was an era that has now passed. The oil and coal industry will not tween 1990 and 2014, the Acton Institute The web of denial has firmly trapped stop their efforts because now the pre- received millions from Donors Trust or this issue in the Republican Party in sumptive nominee of the Republican Donors Capital Fund, the Koch-funded such a way that no action is possible at Party is a climate denier. But their ob- dark money ATM, as well as money all. But even in the face of the millions struction and climate denial tactics from the Koch families and from of dollars pumped into the denial ma- are as bogus as a degree from Trump Exxon. chine, the House of Representatives University. Trump says he wants an Reverend Sirico, the founder and was able to overcome it in 2009. ‘‘all of the above’’ energy agenda, but president of the Acton Institute, testi- The Waxman-Markey bill passed the we know he is really running on an ‘‘oil fied in front of the Senate Environ- House just over 7 years ago. It was the above all’’ platform. But the Koch ment and Public Works Committee only comprehensive climate change brothers are now bigger than the Re- just last year. Reverend Sirico claims legislation ever to pass a Chamber of publican Party. that the Catholic Church does not have Congress. It has been reported that the The Kochs have built upon the tac- expertise in science and should stick to oil and gas industry, including the tics practiced by the tobacco industry matters of faith and morals. Well, here Koch brothers and ExxonMobil, spent generations ago in its campaign to dis- is the irony. A lack of expertise surely $175 million and hired more than 800 credit the science linking smoking has not stopped Senate Republicans lobbyists in 2009 to kill the Waxman- with increased risks of lung cancer. from blocking any and all climate Markey bill. Let me give those num- The Kochs’ goal is to discredit the change legislation. bers again: $175 million and 800 lobby- science itself. How successful are they? Informed by the scientific evidence, ists to kill a bill that would have put a Donald Trump has said that if he is the Pope made a clear moral case to clamp on the increase in greenhouse President, he is going to abolish the act on climate and to act now. The gas emissions in the United States. Environmental Protection Agency of Pope’s comments came from the heart They saw any action on climate, es- the United States—abolish it. I guess and from his belief in our ability to act pecially legislation, as a threat to their he assumes that Americans think that collectively. It is just common sense bottom line. But Members of the House the air is too clean, the water is too that when you learn something is dan- knew better. They saw that Waxman- clean, the soil is too clean, the rivers gerous for you, for your health and for Markey was good for our environment, are too clean in the United States, and our Earth—and especially, as the Pope good for our economy, good for Amer- that we can afford to abolish the Envi- said to us, its impact on the poorest ica. A Congressional budget analysis ronmental Protection Agency of our people on our planet, those who will be found that Waxman-Markey would country. most severely harmed by climate

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.080 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S5014 CONGRESSIONAL RECORD — SENATE July 12, 2016 change—we have a moral obligation to Because even though billions of dollars In the last 10 years, we have seen a stop that harm. in Federal subsidies have benefited dramatic expansion of renewable en- There is no doubt that fossil fuels their companies for years and years, ergy in our country. Just as the Pil- forever changed our society, but point- they have never come up here to say: grims harnessed the wind to sail across ing to the benefits from them does not Oh, take them away. It makes my com- the ocean to Plymouth Rock, we too take away the harm they cause or the pany feel unclean. Oh no, they took can power our economy. Our current urgency to transition to clean energy those billions every single year. It is capacity is 74,000 megawatts of wind, now. Many of those who oppose action only when wind and solar step up and and we have 14,000 more megawatts of on climate invoke the importance of say: Well, how about us? We are clean. wind waiting now to be deployed in our preserving the free market. We don’t pollute. We are what the country. U.S. solar capacity is now As an example, consider the Lex- younger generation wants to see us in- more than 27,000 megawatts. Over 25 ington Institute, an organization fund- vesting in as the technologies of the percent of this capacity was added in ed by ExxonMobil and those pushing 21st century. Then they get morally of- 2015 alone. We are projected to double so-called free market solutions. The fended. Then their free market prin- that capacity by the end of this year. Lexington Institute—and may I add, ciples start to get offended. Megawatts are hard to understand. the Lexington Institute is in Virginia; So the Lexington Institute, citing Simply put, by the end of this year, we it is not in Lexington, MA, where the the free market, has fought the exten- should have enough wind and solar en- shot heard round the world was fired. sion of renewable tax credits for wind ergy to power over 25 million homes. No, this is just, again, absconding with and solar, but unlike the battle of Lex- That is one-fifth of all American a name and placing it upon an institu- ington that started the American Rev- homes. tion to try to give it the veneer of olution, this Lexington is trying to We must continue to untangle our- credibility. Of course, beneath the ve- stop a renewables revolution. Eco- selves from the Koch brothers’ web of neer is just more veneer. There is noth- nomic growth and climate action go to- denial sewn by lies and doubt. The ing. There is no science. There is noth- gether. We can have a country with science is overwhelming. Climate ing that backs up the arguments which clean air and water and clean energy change is real. Carbon pollution is ac- they are making. and a strong economy. History con- celerating the warming, and right now So the Lexington Institute claims tinues to prove that the benefits of en- American cities and towns are pre- that renewables need to be able to com- vironmental regulation are enormous paring for an uncertain future in a and beyond just financial. pete with fossil fuels without Federal world with a changing climate and ris- Recently, we have seen global eco- subsidies, but the real truth is, the fos- ing seas. While the Senate has yet to nomic growth hand in hand with no in- sil fuel industry has never succeeded in crease in energy-related carbon pollu- knock out all of these old cobwebs of the free market alone. Its success is tion. We are seeing GDP go up but not climate denial that are holding back built on more than a century’s worth of carbon pollution. And in Massachu- action, we know, if we focus on the fu- tax breaks and subsidies. setts, since the Regional Greenhouse ture, we cannot continue to have these The Lexington Institute sheds these Gas Initiative started in 2009—the real decisions of today be borne by genera- crocodile tears about how much they Lexington revolution, the one in Mas- tions yet to come. care about the free market, but for 100 sachusetts—we have seen powerplant We must focus on resiliency and years they missed the fact that the oil, greenhouse gas emissions go down 34 clean energy and what we are going to the coal, the gas, and the nuclear in- percent while Massachusetts’ gross do- do to leave the world better off for fu- dustries were all subsidized by the Fed- mestic product increased 25 percent. ture generations. No matter what lies eral Government. It is only when wind So we are left with a really simple and information the climate deniers and solar show up that all of a sudden question: Why do fossil fuel companies try to peddle, the facts are with us, the they become greatly concerned about continue to get Federal subsidies, but moral authority is with us, the eco- the fact the free market is being dis- we do not extend them to clean energy? nomic opportunities are with us. torted. Well, by giving tax breaks to The answer is this: Koch, Exxon, the We have a chance to create a clean wind and solar, of course, we are just Marshall Institute, the Global Climate energy revolution that increases jobs making it a level playing field so they Coalition, the Acton Institute, the Lex- as it cuts pollution. This is job cre- get the same kind of breaks all of these ington Institute, and their partners in ation that is good for all of creation. other industries have received for 100 the web of denial. Millions of dollars We must take the climate deniers and or more years. are spent to deceive and to mislead all their fossil fuel funders to task for The subsidies for the fossil fuel in- in the name of self-interest and profit. their obstinate, obdurate, oblivious op- dustry top more than $7.5 billion annu- The Global Climate Coalition col- position to the clean energy to battle ally. You got that? It is $7.5 billion per lapsed more than a decade ago. The climate change. year. These tax breaks go back 100 Marshall Institute broke up last year, Here is where we are. By the end of years. Multiply that by 100, and then and its climate denial arm morphed 2016, there will be 400,000 people em- the crocodile tears start getting shed ployed in the United States in the wind into the CO2 Coalition. Exxon is now over something we do for wind or solar publicizing their support for a carbon and solar industries and 65,000—65,000— or fuel cells, biomass, geothermal? tax that they began espousing in 2009. coal miners. By the year 2020, at the There is no need for fossil fuel CEOs The American Petroleum Institute is current pace, there will be 600,000 peo- to come to Congress to justify the sup- reportedly rethinking its messaging on ple employed in the wind and solar in- port for long-established subsidies, climate. The threads of the web of de- dustry. which they have always been getting. nial are breaking and weakening, and Half of all new electricity on the They do not even come up to defend it. the more light we shine on it—espe- planet last year came from renewable They get it automatically—the exten- cially light fueled by the power of the electricity. This is a revolution, and it sion of their tax breaks. The oil and Sun—the sooner it will fall apart. is a revolution we cannot allow to be gas industry have the Federal sub- We are in the midst of a clean energy derailed because we will be employing sidies, coal has Federal subsidies, nu- revolution. The United States has a people, giving them the jobs they want, clear has Federal subsidies. What has massive reserve of untapped renewable which will make it possible for us to happened every year, when we try to energy. Our reserves are so massive save this planet. extend subsidies for renewable energy— that just a small fraction could power I thank the Senator from Rhode Is- for wind and solar—for even just 1 our entire country. The question is no land for organizing all of the Members year, it is the end of the world as we longer if we can power our country over the last 2 days to come out on the know it in the capitalist system. with renewable energy, it is when and floor to make this case about this web Just last year, the Koch brothers it is how. We will make the transition of denial, which is at the core of what wrote a letter to every single Member to 100 percent renewable energy before has been blocking this Senate from of Congress urging them to oppose the the year 2050 if we keep the right poli- taking the actions necessary to deploy tax breaks for wind and solar, and of cies on the books, and I believe we are the technologies, to create the jobs course they cited ‘‘the free market.’’ going to meet that goal. which can save the planet by deploying

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The PRESIDING OFFICER (Mr. centers across the United States that would According to data collected by the Con- FLAKE). The Senator from Rhode Is- all promote the same messages—for other servative Transparency Project, be- land. purposes and therefore infused it with a tween 2009 and 2014, the Franklin Cen- Mr. WHITEHOUSE. Mr. President, it mountain of funding and network support. ter received over $31 million from is an honor for me to follow Senator Let’s dig into the Franklin Center’s DonorsTrust and its related Donors MARKEY, who has battled so long and connections to groups and funders in Capital Fund. We don’t know who the so effectively in this struggle against this web of denial. hidden donors are because that is why such odds, and I think we both feel the According to ‘‘DeSmogBlog,’’ the they set up the DonorsTrust thing, but tide has turned, things are going our Franklin Center’s director of donor de- a clue of who they might be comes way, but we have to hurry because na- velopment comes out of the Charles G. from the reported donors—like the ture is unforgiving. As the Pope said: Koch Foundation—wow. Its senior vice rightwing Lynde and Harry Bradley God forgives, mankind forgives some- president in charge of strategic initia- Foundation, founded, according to the times, but nature never forgives. You tives comes out of the Koch brothers’ Center for Media and Democracy’s slap her and she will slap you back. Americans for Prosperity. The found- SourceWatch, by ‘‘one of the original And we have given nature one hell of a ing board member who set it up helped charter members of the far rightwing slap with climate change. run, oh, Americans for Prosperity in John Birch Society.’’ Another John When I was here yesterday, I was North Dakota. According to Media Birch Society board member was Fred pointing to the web of denial and point- Matters for America, the Franklin Cen- Koch, the father of Charles and David ing out that the web of denial has to ter’s coalitions coordinator and its Koch. Dr. Brulle’s research indicates mislead to be effective. That is what it chief of staff also came out of, oh, that the Bradley Foundation between is—a tool to mislead. I pointed out Americans for Prosperity. Not surpris- 2003 and 2010 gave almost $30 million to what a Koch brothers operative de- ingly, the Pew Research Center’s these organizations that he tracks in scribed as its goal when this whole web Project for Excellence in Journalism this web of denial—$30 million. was being developed. This was the ranked the Franklin Center Watch- Then there is the Dunn’s Foundation quote: ‘‘It would be necessary [to] use dog.org group as ‘‘highly ideological.’’ for the Advancement of Right Think- ambiguous and misleading names, ob- It is clear they have a bias at the ing, a Florida-based grant-making scure the true agenda, and conceal the Franklin Center to sow doubt regard- foundation that Dr. Brulle’s research means of control.’’ ing human-caused climate change. It is again shows between 2003 and 2010 gave Well, if you are looking for ambig- no surprise, considering where their $13.7 million into this web of denial or- uous and misleading names that can staff and money comes from. ganizations. obscure the true agenda and conceal Here is the stuff they say. In 2015, a Then there is the Searle Freedom the means of control, one tactic would vice president for research and resident Trust, which, according to the Center be to exploit our Founding Fathers—to scholar at the John Locke Founda- for Media and Democracy’s seize their names and use them to lend tion—more on them shortly—wrote in SourceWatch, has also funded Ameri- authority and gravitas to the decep- the Franklin Center-affiliated Carolina cans for Prosperity—guess what; the tion, in the same way that using the Journal that ‘‘global warming is not Koch group—the American Enterprise names of Lord Acton, the famous histo- about data points’’ so much as it has Institute, ALEC—the front group—the rian, or George C. Marshall, the hero of been ‘‘a trick pulled by global warming Heartland Institute—those classics World War II, accomplished that task. alarmists over the last decade.’’ There who compared climate change believers In this case, the names are Franklin, is a responsible view. to the Unabomber—and the State Pol- Madison, and Jefferson, and they are In 2014, a staff reporter for the icy Network. Dr. Brulle’s research, joined by the philosopher John Locke. Franklin Center’s Watchdog.org, again, indicates that Searle gave $21.7 Let’s start with the so-called Frank- wrote: ‘‘I continue to contend that ‘cli- million to this web of denial groups lin Center for Government and Public mate change’ is a meaningless phrase that he tracks. Integrity, which has a nice little sil- because the climate obviously changes Another donor, of course, to the houette of Ben Franklin on its logo. It . . . [but] is useful for political activ- Franklin Institute is the Charles G. was established in 2009. It says it ‘‘sup- ism. . . . ’’ Koch Charitable Foundation. That one ports and trains investigative journal- In 2011, its outlet, the Hawaii Re- is self-explanatory. So if we look at ists to advance transparency, account- porter, wrote: ‘‘Hard-nosed physical what is going on at the Franklin Cen- ability, and fiscal responsibility in evidence of man-made global warming ter, we will see Koch people, Koch local government, and to spotlight has yet to be provided by the pro- money, and Koch buddies. free-market, pro-liberty solutions to moters of warming, even after a nomi- Then there is the so-called James difficult policy challenges.’’ nal $80 billion have been spent in the Madison Institute, a libertarian think According to ‘‘DeSmogBlog,’’ the attempt to do so.’’ tank with a long history of trying to Franklin Center was launched and The Nieman Foundation for Jour- undermine climate science and renew- funded by a conservative think tank nalism at Harvard has looked at the able energy policy. Yale Professor Jus- that encouraged grassroots activism, Franklin Center and describes it as ‘‘at tin Farrell lists the James Madison In- which is the now defunct Sam Adams the forefront of an effort to blur the stitute among the organizations he Alliance. distinction between statehouse report- tracks contributing to the polarization Oh no, another bogus organization ing and political advocacy.’’ A former of climate change debate. The Heart- exploiting the name of yet another Reuters chief White House cor- land Institute’s—yes, that wonderful Founding Father. There is a little pat- respondent describes the Franklin Cen- Unabomber group—senior fellow for en- tern here. ter’s state Watchdog.org as ‘‘delivering vironmental policy is on the James Jeff Nesbitt, whom I spoke about yes- political propaganda dressed up as Madison Institute’s research advisory terday, wrote this about the Franklin journalism.’’ council. It is such a web of connec- Center in his book ‘‘Poison Tea: How Let’s follow the money. The Franklin tions. Big Oil and Big Tobacco Invented the Center’s top donor in 2011, as reported According to research by the Amer- Tea Party and Captured the GOP.’’ by the nonprofit Media Matters for ican Bridge Project, the Madison Insti- At the start of 2008, the Franklin Center America and the Center for Public In- tute received over $1.4 million in direct for Government and Public Integrity had a tegrity, was, guess what, the donations from Koch-affiliated groups. budget of zero dollars. Its legal home was a rightwing’s ‘‘dark money ATM,’’ Between 2003 and 2013, they received taffy shop in Medora, North Dakota. By 2009, DonorsTrust. It was set up by whom? funding from the John Templeton

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This report falsely declared Media and Democracy’s SourceWatch. moting skepticism and doubt about sci- that consensus on climate change does Mother Jones reported in 2011 that entific consensus on climate change.’’ not exist, and declared: ‘‘The greatest Charles Koch recognized the The institute has been involved in de- threat we face from climate change is Templeton Foundation for having do- fending the tobacco industry and has the danger of rushing into foolish and nated over $1 million to Koch-related on its academic advisory council a po- costly policies driven by ill-founded causes, and Dr. Brulle’s research shows litical scientist from the Global Warm- climate change hysteria.’’ that Templeton gave more than $20 ing Policy Foundation, a high-profile Art Pope figures in Jane Mayer’s million to this web of denial organiza- UK climate denier group. book ‘‘Dark Money’’ as ‘‘a charter tion he tracks. There is also a John Locke Founda- member of the Koch network’’ and a Dunn’s Foundation for the Advance- tion, which describes itself as ‘‘an inde- ‘‘longtime friend and ally, [who] shared ment of Right Thinking turns up pendent, non-profit think tank that Charles [Koch’s] passion for free-mar- again—Franklin, now Madison. The would work for truth, for freedom, and ket philosophy.’’ Mayer writes that same foundation that gave $13.7 million for the future of North Carolina.’’ It is Pope was a regular at the Kochs’ secret to these climate change countermove- one of the blue dots here on Professor planning summits and ‘‘served on the ment organizations also gave to the Brulle’s denial web diagram. Dr. board of the Koch’s main public advo- Madison one. Farrell, too, has the foundation on his cacy group’’—wait for it—‘‘Americans Of course, again, the Lynde and list of climate change denier and for Prosperity, as he had on its prede- Harry Bradley Foundation gave to the countermovement organizations. Yes, cessor, Citizens for a Sound Economy.’’ Franklin Center and gave to the Madi- it is a member of the Koch-funded Mayer adds: ‘‘Pope’s role in his home son Center to the tune of almost $30 State Policy Network, of course, and it state of North Carolina was in many million into the climate denial web. is funded significantly by a North respects a state-sized version of the The James Madison Institute is also Carolina billionaire by the name of Art Kochs’ role nationally.’’ a member of the State Policy Network. Pope, who, according to Indy Week, is Other Locke Foundation funders The State Policy Network, according ‘‘one of the most trusted members of identified by Conservative Trans- to the Center for Media and Democ- the Koch’s elite circle: He has been a parency Project between 1995 and 2014 racy’s SourceWatch, is an ‘‘$83 million regular invitee to the Koch’s secretive, include the Searle Freedom Trust, right-wing empire’’ that has received semiannual gathering of the major which, according to Center for Media money from a Koch family foundation, right-wing donors and activists,’’ and and Democracy’s SourceWatch, has also funded, yes, Americans for Pros- and, of course, the identity-scrubbing he is a ‘‘valuable junior partner in perity, and the American Enterprise DonorsTrust and Donors Capital— many key Koch operations.’’ which, by the way, are the big green di- The foundation center database Institute, and ALEC—which we have amond here at the center of this web. shows that between 2003 and 2013, the talked about and sponsors the State According to the ‘‘DeSmogBlog’’ ex- John Locke Foundation received over Policy Network—and, of course, we amination of the Madison Institute, it $21 million from the John William can’t go without the Heartland Insti- opposed the Waxman-Markey cap-and- Pope Foundation—which is named tute, with their wonderful Unabomber trade legislation, and in 2009 issued a after Art Pope’s father—and over billboard. Dr. Brulle’s research indicates that plea to policymakers in Florida—the $60,000 from the Charles Koch Founda- the Searle Trust gave over $20 million State that is going fastest under water tion. It gets so cozy between everyone to these groups between 2003 and 2010. because of sea level rise—to stop any here. According to a 2014 Washington Donors Capital Fund—this big spider at action on climate change following the Post profile of Art Pope, he has poured the center of the web here—is a donor so-called Climategate scandal. After over $30 million through his family’s to the John Locke Foundation, and, of six thorough investigations looked at foundation into the Koch front group course, the Charles G. Koch Charitable Climategate, true, there was no scan- Americans for Prosperity—all of whose Foundation. The John Locke Founda- dal at all, but it would appear that the members, you remember, went over to tion is a member of the State Policy Institute neither rescinded its plea nor the Franklin Institute. Professor Network, that ‘‘$83 million right-wing set the record straight. Brulle has put the John William Pope empire’’ funded by a Koch family foun- This institute actively fights renew- Foundation at over $20 million of total dation and the identity-launderers Do- able energy policies in Florida. An in- foundation funding to this climate nors Trust and Donors Capital. stitute report co-written by a senior change denial web. Dr. Brulle cites the That brings us to the so-called Thom- fellow at the Heartland Institute— John Locke Foundation as having re- as Jefferson Institute for Public Pol- again, the connection, Madison Insti- ceived 3 percent of the total income icy. By the way, it is fair to say that tute to Heartland Institute and Heart- distributed within the climate change yet again when we move from Franklin land Institute to the billboard that countermovement between 2003 and to Madison, these foundations end up compared climate scientists to the 2010. showing Koch people, Koch money, and Unabomber—opposed a proposed solar An article in Facing South calls the Koch buddies. The Thomas Jefferson constitutional amendment. Well, they John Locke Foundation ‘‘one of the Institute is a public policy foundation weren’t alone. According to news re- most outspoken voices of climate de- and, yes, another member of the State ports, Florida’s power companies were nial in North Carolina, claiming that Policy Network, the $83 million right- contributing big money to a political global warming is a ‘pseudoscientific wing empire. committee fighting that solar amend- fraud.’’’ According to research done by By the way, the Center for Media and ment, including over $1 million from Greenpeace, the foundation stated in a Democracy’s in-depth investigation of Florida Power and Light, $1 million 2005 policy brief that ‘‘a greenhouse gas the State Policy Network shows how from Duke Energy, over $800,000 from reduction policy would have only costs the network and its member think Tampa Electric Company, and $640,000 and no benefits.’’ In 2005, the founda- tanks are all interconnected to ALEC from Gulf Power. Well, guess what. The tion released a public policy statement and to the Koch brothers. But that is president and CEO of Gulf Power was entitled ‘‘Global Warming Policy: NC for another speech. then on the board of, oh, the James Should Do Nothing,’’ whose author According to ‘‘DeSmogBlog,’’ many Madison Institute. wrote similar climate denial pieces in of the Jefferson Institute studies are Then we move on to John Locke, who the Franklin Center-affiliated Carolina authored by an operative of the Herit- gives us a twofer. First, there is the Journal. It is hard to keep track of all age Foundation, the group that Sen- Locke Institute. It is named for the these crisscrossings. ator FRANKEN spoke about earlier this philosopher John Locke, who, with In 2007, the foundation released a pol- evening, and the Energy and Environ- Montesquieu, are the two major philo- icy report entitled ‘‘A North Carolina ment Legal Institute—two groups that sophical influences of the Founding Fa- Citizen’s Guide to Global Warming,’’ are both on this web.

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.084 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S5017 The Thomas Jefferson Institute of our National Labs and see how far who are up to no good and don’t want prominently displays a statue of Jeffer- you get. Tell that to your home State to be caught out for who they really son on its Web page and claims to be a university and see how far you get. are. nonpartisan supporter of ‘‘environ- In 2008, he wrote about climate Let me conclude by thanking the mental stewardship,’’ but the institute change for the Jefferson Journal, a many Senators who have participated is an outspoken critic of the Presi- commentary forum of the Jefferson In- in this effort to put a little bit of a dent’s Clean Power Plan and renewable stitute, that ‘‘greenhouse gas reduction spotlight on a very phony web of denial sources of energy and actively sows goals . . . are both unachievable and ir- that is operating actively in our de- doubt about climate science. The insti- relevant’’ and assured ‘‘there will be no mocracy to distort and disturb its tute is right here on Professor Brulle’s climate catastrophe due to CO2 because proper operation and to sabotage web of climate change countermove- either the science is wrong or we will America’s ability to respond in a re- ment organizations. use geoengineering.’’ sponsible way to the climate crisis. In 2011, he wrote two pieces for the According to data compiled by the They include our leader HARRY REID, Jefferson Journal opposing wind power, Conservative Transparency project be- BEN CARDIN, CHRIS COONS, TIM KAINE, tween 1998 and 2014, the Jefferson Insti- contending that—you are not going to ELIZABETH WARREN, CHUCK SCHUMER, tute received funding from the fol- believe this, but here is the quote— TOM UDALL, JEFF MERKLEY, BARBARA lowing entities in the denial web: first, ‘‘wind is not affordable and it is not BOXER, DICK DURBIN, BRIAN SCHATZ, AL of course, is the identity-laundering clean’’ and that wind power ‘‘has no FRANKEN, MARTIN HEINRICH, my senior Donors Trust and Donors Capital Fund. sensible place in a 21st century civili- Senator JACK REED, JEANNE SHAHEEN, Then there is the Lynde and Harry zation.’’ Tell that to our friend Senator GARY PETERS, DICK BLUMENTHAL, and Bradley Foundation, which, as we re- GRASSLEY, whose State gets a third of ED MARKEY. I am honored to partici- call, also supported the Franklin Cen- its power from wind energy. pate in this effort with them. ter and the Madison Institute and links Franklin, Jefferson, Madison, to the Koch brothers through the far- Locke—these are great names put on With that, I yield the floor. rightwing John Birch Society. Remem- the front of very shady Koch-funded f ber, they were at almost $30 million front groups in the web of denial, and into climate denial organizations in the organizations share several com- those years between 2003 and 2010. And mon features: First, they all propagate ADJOURNMENT UNTIL 9:30 A.M. then there is the William E. Simon what by any reasonable standard is TOMORROW Foundation, whose current president is preposterous nonsense and masquerade The PRESIDING OFFICER. Under also a senior fellow at the rightwing it as science and independent opinion. the previous order, the Senate stands Manhattan Institute, a member of the Second, they all get massive funding adjourned until 9:30 a.m. tomorrow. Grant Advisory Committee of the from fossil fuel interests and always Thereupon, the Senate, at 8:27 p.m., Searle Freedom Trust, and a past mem- line up obediently with those interests. adjourned until Wednesday, July 13, ber of the Board of Overseers of the Third, they interlock. The interlocking 2016, at 9:30 a.m. Hoover Institution. It is quite a web in- is almost too complicated to track—in deed. staff, in board members, in funding f The Jefferson Institute’s director was sources—but it all traces back to fossil quoted in 2007 as saying: ‘‘When it fuel money. And, of course, they all CONFIRMATION comes to global warming, I’m a skeptic mask themselves behind the names of Executive nomination confirmed by because the conclusions about the great men from history who would re- the Senate July 12, 2016: cause of the apparent warming stand coil to discover their names and rep- on the shoulders of incredibly uncer- utations being put to such discredit- DEPARTMENT OF JUSTICE CAROLE SCHWARTZ RENDON, OF OHIO, TO BE UNITED tain data and models.’’ Tell that to able use. Who needs to hide behind STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NOAA and NASA and every single one names like that? I submit it is people OHIO FOR THE TERM OF FOUR YEARS.

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