April 13, 2016 CONGRESSIONAL RECORD — SENATE S1985 this Court, the Senator from Iowa is held until 1991. Many testimonials, one with my colleagues, introduced and undermining years of his own hard of which a close colleague said of Judge marked up in front of our committee. work in pushing for more open govern- Stagg: The legislation before us today in- ment. All that he has done talking Without a doubt he was the finest trial cludes the most passenger-friendly pro- about transparency is gone. judge I have ever met. Without ever knowing visions, the most significant aviation Senator GRASSLEY should take his it, he had served as my silent mentor, a role safety reforms, and the most com- own medicine and stop retreating be- model. . . . To have served the job with prehensive aviation security enhance- hind closed doors with private con- Judge Tom Staff on the federal bench for 12 ments of any FAA reauthorization in versations that shut the American peo- years is a singular honor. A giant has fallen recent history. This bill helps pas- . . . this remarkable man left a legacy of ple out of the important confirmation love of family, of duty and honor and love of sengers and Americans who use the na- process. If the senior Senator from this nation, its judicial system and the rule tional airspace for many different Iowa truly believes in transparency, he of law. transportation needs. For example, since the last reauthor- should simply do his job and give The colleague continues: Merrick Garland a hearing and a vote. ization of the Federal Aviation Admin- Tom Stagg loved being a federal judge. We istration in 2012, the use of drones has Mr. President, there appears to be no will all miss him. one seeking the floor. Will the Pre- increased dramatically. According to Judge Stagg assumed senior status siding Officer announce the business of its most recent aerospace forecast, the on the court in 1992, but he didn’t re- the day. FAA estimates that annual sales of tire. He maintained a full caseload, both commercial and hobby unmanned f serving on Federal circuit courts of ap- aircraft could be 2.5 million in 2016—a RESERVATION OF LEADER TIME peals panels. Judge Stagg loved being a number they estimate may increase to judge, but his love for the job also The PRESIDING OFFICER. Under 7 million units annually by 2020. But came second after his love for his fam- the FAA has an outdated legislative the previous order, the leadership time ily. Judge Stagg married the former is reserved. framework being used to shape the use Mary Margaret O’Brien in 1946 and is of this rapidly growing technology for f survived by her and their two grand- both hobbyists and commercial opera- children, Julie and Margaret Mary. MORNING BUSINESS tors. This is slowing down innovation I yield the floor. and advancements in safety. Our bill The PRESIDING OFFICER. Under I suggest the absence of a quorum. gives the FAA new authority to en- the previous order, the Senate will be The PRESIDING OFFICER. The force safe drone usage. This includes in a period of morning business for 1 clerk will call the roll. efforts to make sure drone users know hour, with Senators permitted to speak The legislative clerk proceeded to and follow basic rules of the sky to therein for up to 10 minutes each. call the roll. avoid dangerous situations. Mr. REID. I suggest the absence of a Mr. THUNE. Mr. President, I ask To support job growth in the aero- quorum. unanimous consent that the order for space industry, our legislation reforms The PRESIDING OFFICER (Mr. COT- the quorum call be rescinded. the process the FAA uses for approving TON). The clerk will call the roll. The PRESIDING OFFICER. Without new aircraft designs. Our goal is to The legislative clerk proceeded to objection, it is so ordered. shorten the time it takes for U.S. aero- call the roll. f space innovations to go from design Mr. CASSIDY. Mr. President, I ask boards to international markets while unanimous consent that the order for CONCLUSION OF MORNING BUSINESS maintaining safety standards. the quorum call be rescinded. For the general aviation community, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Morning we are also streamlining redtape and objection, it is so ordered. business is closed. adding safety enhancements for small f f aircraft by including provisions from the Pilot’s Bill of Rights 2. REMEMBERING THOMAS EATON AMERICA’S SMALL BUSINESS TAX Finally, we increase authorized fund- STAGG, JR. RELIEF ACT OF 2015 ing for the Airport Improvement Pro- Mr. CASSIDY. Mr. President, I rise The PRESIDING OFFICER. Under gram, which pays for infrastructure in support of designating the Shreve- the previous order, the Senate will re- like runways, by $400 million with ex- port Federal Building as the ‘‘Tom sume consideration of H.R. 636, which isting surplus funds. This allows us to Stagg Federal Building and United the clerk will report. help meet pressing construction needs States Courthouse.’’ The Honorable The senior assistant legislative clerk without raising taxes or fees on the Thomas or ‘‘Tom’’ Eaton Stagg, Jr., of read as follows: traveling public. Shreveport passed away last June. He A bill (H.R. 636) to amend the Internal Rev- We developed this bill through a ro- was an inspirational figure. enue Code of 1986 to permanently extend in- bust and open process that allowed He graduated from Byrd High School creased expensing limitations, and for other every member of the Commerce Com- in Shreveport and joined the U.S. purposes. mittee to help guide the content of this Army preparing for World War II. He Pending: critical aviation legislation. Last year rose to the rank of captain, earning the McConnell (for Thune/Nelson) amendment the Commerce Committee held six Combat Infantryman Badge, a Bronze No. 3679, in the nature of a substitute. hearings on topics that helped inform Star for valor, another Bronze Star for Thune amendment No. 3680 (to amendment our legislation. At the committee meritorious service, the Purple Heart No. 3679), of a perfecting nature. markup last month, we accepted 57 with oak leaf cluster. The PRESIDING OFFICER. The Sen- amendments, 34 of which were spon- At one point, he was saved from ator from South Dakota. sored by Democrats and 23 of which death when a German bullet was Mr. THUNE. Mr. President, I wish to were sponsored by Republicans. stopped by a Bible he carried in his speak briefly to the legislation before Since debate began on the bill last pocket. It was as if he was fated to live. us, the FAA reauthorization. week, we have successfully included an After World War II, Tom attended The Committee on Commerce, additional 19 amendments here on the Cambridge and then LSU Law Center Science, and Transportation, which I floor of the Senate. Ten of these and then served in private practice. chair, was instrumental in bringing amendments are sponsored by Demo- Tom’s reputation was described as a this bill to the floor. Our committee crats and nine by Republicans. combination of ‘‘intelligence, spirit, has a long and proud history of bipar- This bill deserves the Senate’s sup- patriotism, wisdom and wit’’ and re- tisan cooperation on important mat- port. I urge Members to remember all sulted in his nomination to serve on ters under its jurisdiction. This ex- of the important improvements this the Federal bench for the Western Dis- tends to the bill before us today, the legislation puts in place for aviation trict of Louisiana in 1974. He was Federal Aviation Administration Reau- security, consumer protection efforts, named chief judge in 1984, a position he thorization Act of 2016, which I, along American innovation, safety, and job

VerDate Sep 11 2014 23:51 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.003 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1986 CONGRESSIONAL RECORD — SENATE April 13, 2016 creation. I hope we will be able to send worked very carefully throughout this As details come out about what hap- this bill to the House soon. We are on process to make sure it is an open proc- pened in Brussels in that terrorist at- a pathway that will enable us to do ess and incorporates the best ideas tack, every American has their secu- that. As I mentioned before, we have from both sides. Today we have in rity and their family in mind. I con- had a number of amendments that have front of us a bill which I think does tinue to pray for the victims of those been disposed of, processed here on the that, and that is the reason I think it awful attacks and work to determine floor already. Nineteen amendments is very worthy of our Members’ sup- the best way our great Nation can con- have been added to the bill since it port. front this threat. came to the floor, in addition to the 57 We have had a lot of participation. As the only Member of this body who we adopted at the committee level. Members of our committee on both serves on both the Homeland Security I want to credit the hard work that sides have had ample opportunities to and the Intelligence Committees, I has been done by the staffs on both get amendments considered and voted have the privilege to ensure that Okla- sides. The Commerce Committee staff on, 57 of which were adopted during the homans and Americans have a strong obviously has been very involved on committee deliberations on this. It is voice in the discussion over our Na- the majority side as well as the minor- the product of a lot of work. tion’s national security priorities. ity side in helping to shape this as it I think we are at a place that when There is no simple solution, though, came out of the committee and to the we report this out, it is a product we and there is no single method to con- floor. Lots of hours were put into get- can be proud of, and we can send it to front terrorism. But we must be abso- ting us to where we are today. I think the House of Representatives in hopes lutely clear that terrorists will find no where we are is we have a bipartisan that they will pick it up or, if they de- quarter in the land of the free, in the bill which has been broadly supported cide to pass their own version of this home of the brave. coming out of the committee, which legislation, meet us in conference As a member of the Senate Intel- has numerous safety enhancements in where we can work out the differences ligence Committee, I walk behind a it—the most we have seen in a decade— but get these important safety meas- heavy door several times a week to hear the sobering details about foreign and a bill which is worthy of all Sen- ures—these important measures that threats and the amazing work that ators’ support. will support jobs and innovation in our Having said that, there are other economy—onto the President’s desk Americans do to confront them. I wish amendments that have been filed. I am where they can be signed into law and we could talk about all those things not sure what the number is today, but can be implemented and put into ef- here because I believe Americans would be very proud of the work that is going we had 198 amendments filed to the fect. bill, and we are continuing to work That is where we are at the moment. on. We can talk about disrupted terrorist with the sponsors of those amendments Again, I thank all of our colleagues for plots and insight into adversaries’ to try to get additional amendments their cooperation to date and hope that plans that allow us to adjust and to adopted. We obviously have to have co- we can see more of that moving for- prepare and to confront those terror- ward because it will enable us, in my operation from Members on both sides ists before they bring the fight here. view, to continue to strengthen this in order for that to happen. We have a There are hard questions behind those bill before it gets to its ultimate pas- list of another 10 or a dozen amend- closed doors. Oversight should be ex- ments we think could be cleared and sage, which I hope will be sometime pected, and open discussions should be could be added to the legislation, but later this week. We have been on it expected. we are going to need Members who cur- now for a couple of weeks, and it is Let me say today how incredibly rently have holds on that process to time to get it off the floor, get it to the grateful I am for the people in the in- lift those holds. House, and, hopefully, eventually onto telligence community who work hard We are on a glidepath to getting this the President’s desk. every single day. Members of our mili- bill to votes coming up tomorrow, so I yield the floor. tary and members of law enforcement we have today and perhaps part of to- The PRESIDING OFFICER. The Sen- around the country wear uniforms, and morrow in which to process additional ator from Oklahoma. we get a chance to say thank you to amendments. I hope Members will de- TERRORISM them personally when we see them. cide to work with us. We think this bill Mr. LANKFORD. Mr. President, as I But members of the intelligence com- has obviously been very well vetted. As traveled all over Oklahoma during the munity are patriotic Americans who I said, it was debated heavily at the State work weeks in March, I heard the are working to protect their families committee level, and we have now had concerns over and over from families in and our families every day. We don’t opportunities to offer amendments on my State about terrorism. I talked get to say thank you to them because the floor. But there are always ways in with a gentleman in Coalgate, OK, who we don’t know who they are. But let which it can be improved. There are a absolutely could not understand how me say thank you to them today from lot of worthy amendments that Mem- the United States could release $1 bil- our country. bers have interest in adding to this leg- lion to Iran the same month that rural Right now, members of radical Is- islation, some of which are germane to hospitals across our State and across lamic groups around the world are call- the legislation, some of which are not. America were facing new cuts from ing out on social media, through Obviously, once we get to cloture on CMS in new criteria there. That $1 bil- encrypted messages and in public fo- the bill, only those amendments that lion that was sent by the United States rums around the world, for the small are germane will be able to be voted to Iran could have bailed out every sin- minority of Muslims who believe as on, but we would like to get other gle rural hospital in America. they do and who believe in their hate- amendments processed. I talked to a mom in Lawton who did filled doomsday mission. They tell peo- So what I am saying is that through- not understand why there was a con- ple that if they believe as they do, they out the day today, if Members will versation in DC about closing the should kill as they do. ISIS is enraged work with us, and for those who cur- Guantanamo Bay detention facility by our views about free speech, free- rently have holds on that process mov- and bringing those individuals into the dom of religion, girls attending school, ing forward, if you would lift those, it United States. equal pay, equal opportunity, and even will enable us to process a lot of I talked to a dad in Tulsa, a dad of a voting in elections. It is almost impos- amendments Senators are interested in soldier, who wanted to know what is sible for Americans to imagine their having added to the bill. happening with terrorism and what is hatred for the modern world and for We will continue throughout the day America’s response. freedom and basic human rights. to negotiate with Members and hope- I talked to an Oklahoma business How do you win against an enemy fully have an additional list of amend- owner who is very concerned about like that? You confront them is how ments that we can adopt. I would say cyber security and the threat of foreign you do it, not ignore them. You deal again that my colleague, the ranking governments attacking his network with their ideology that spreads like a Democrat on the Commerce Com- and other networks and businesses cancer around social media platforms mittee, Senator NELSON and I have around the country. around the world.

VerDate Sep 11 2014 23:51 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.005 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1987 Some people say poverty and lack of fight for them or to fight where they ury’s Office of Terrorism and Financial education creates radicalism. There are. We are Americans. We lose track Intelligence, and he communicated to are billions of people in the world who of that at times, I am afraid. No one in me exactly what everyone already live in poverty, and most of them do the world has the same logistical capa- knows and fears—that Iran has become not practice this particular form of bility as the United States of America. even more of a destabilizing factor in radical Islam. The shooters in San No one in the world has the most the region after the nuclear deal was Bernardino, CA, weren’t living in pov- moral, most powerful military in the signed. erty or lacking in education. The kill- world like the United States of Amer- This is clearly evident in Iran’s con- ers in Paris and Brussels were not iso- ica. No one has our intelligence capa- tinued, unabashed support for ter- lated and poor. While refugees and iso- bility. No one in the world has our Tax rorism and terrorist organizations such lated communities in poverty are un- Code planning capability. So the whole as Hezbollah, their propping up of the doubtedly breeding grounds for anger world is waiting on America to decide Assad regime in Syria—a government and frustration, that is not the pri- what we are going to do so they can de- that continues to blow up its own peo- mary cancer of terrorism. There are cide if they are going to join us in this ple and butcher its own people—and millions of people living as refugees in fight against this radical Islamic ter- Iran’s shipments of weapons to rebels the world right now who are not ex- rorism. It is not about massive troops in Yemen to be able to fuel their civil tremists. They are not terrorists; they on the ground; it is about a clear plan war there, right on Saudi Arabia’s just want peace so they can go home and a clear strategy to carry it out. It southern border. and have a normal life again. is why the Russians currently look We haven’t even discussed Iran’s We do have a moral and national se- more mobile and more capable than us testing of ballistic missiles in direct curity obligation to help the vulner- all of a sudden. violation of international law. If Iran able when we can. The refugee crisis is So the ‘‘now what’’ question rises can’t be trusted to uphold the law now, immense, and it is affecting millions large in this body. how can it be trusted to be able to up- worldwide. Many countries are at the No. 1, there are multiple proposals in hold some agreement which it hasn’t brink, and we need to stay engaged. State and foreign operations for how even signed? That is the Joint Com- But America has already given billions we can engage in peaceful activities: prehensive Plan of Action. of dollars in aid. No country—no coun- helping refugees, helping those in pov- Congressionally imposed sanctions try has done more for the refugees than erty, helping to bring education to on Iran is what brought the Ayatollah the United States. Our logistics, our places, helping engage diplomatically to the negotiating table. Let’s be hon- support, and our financial aid have sus- with religious leaders around the world est about this. Regardless of what some tained most of the refugee commu- and with other countries to deal with people may say about the momentum nities there either through direct aid terrorist financing. Those are things of the moderates and the reformists in- or what we are doing through the we could and should do and should do side of Iran, Iran’s foreign policy, espe- cially in dealing with the United United Nations right now. But the peo- more aggressively. No. 2, the national defense authoriza- States, runs through the Ayatollah ple living as refugees need access to tion is coming, and it is coming soon. Khamenei. He has made it crystal clear education and training so their chil- We need to give great military clar- that his regime is built on radical dren will grow up with skills and op- ity—not only rules of engagement in Islamist views, and this particular view portunity. We can help them have a the battlefield, but what is the clear of Shia Islam—though it is opposed to second chance. But that is not the pri- purpose militarily for the United ISIS—is supportive of spreading their mary source. States in this battle against radical We need to engage with religious views around the world. It is absolutely Islam? anti-American. leaders around the world. We cannot No. 3 is tougher for this Nation, ap- It is essential that the Treasury con- and we will not define faith for them, parently: Believe and understand that tinue to completely shut down Iran’s but we can challenge any faith that Iran is one of the key areas in this access to the U.S. dollar, and it is es- promotes the death of people because fight. I believe this administration has sential that Treasury rigorously en- of their race, their belief, or their gen- been too eager to believe good news force the still-standing human rights der. We should work to shut off terror- about Iran and is ignoring the concerns and terrorism-related sanctions on ists’ financing around the world, their that many of us hold. I have stood here Iran. illegal energy trade, their drug traf- several times in the past year to speak I spoke with DNI Clapper in this ad- ficking, their extortions, and persons out against the President’s reckless ministration just a few weeks ago. in wealthy countries who send money nuclear deal with the Iranian Aya- When I asked the Director of National with the implicit promise that those tollah. I didn’t like it then, I still don’t Intelligence if there has been any terrorists will not bring terrorism to like it, and I still don’t believe Iran can change in Iran’s focus on being the their country if only they will send be trusted to be able to carry out its largest state sponsor of terrorism in them money to do terrorism in other end of bargain. the world, this administration’s Direc- places. I recently authored a resolution that tor of National Intelligence said there We must also fight and confront clearly outlines to the administration has been no change in Iran’s behavior those individuals militarily. We must how the United States should respond since the nuclear deal was signed in re- learn the lesson of 9/11. They are not if Iran—and I believe when Iran— lation to terrorism. just a group of radical thugs over there breaches the nuclear agreement. We We should not release known terror- who we can ignore. They hate us, and should reapply waived sanctions and ists or bring them to U.S. soil. I can’t they will find every way possible to at- U.N. Security Council resolutions and believe I have to even raise this as an tack us here and to attack our allies. limit Iran’s ability to import defensive issue in this Nation. We should keep No one wants war, but we cannot stand equipment so they can stop fortifying Guantanamo Bay, known as Gitmo— by and watch terrorists beheading their nuclear capabilities over the next that detention facility—open and oper- Egyptian Christians on the beaches of 10 years. When all the enrichment limi- ational rather than releasing known Libya, killing Shia Muslims because of tations are lifted, they will be well pre- terrorists back into the battlefield or their faith in Iraq, blowing themselves pared to defend those facilities they bringing them to the United States. up in an airport in Brussels, shooting have now created. In this era of growing threats, why people at a rock concert or a syna- As I have said many times, until Iran would we irresponsibly release these gogue in Paris or just people enjoying proves it is a peaceful, responsible individuals? Senator KIRK and I, along a party at work in California. We can’t player in the Middle East, the inter- with four other members of this body, put our heads in the sand and ignore national community must be vigilant introduced a bill last week to prohibit what is really happening and assume it in pushing back against Iran’s harmful the President from transferring terror- will just go away if we do nothing. and destructive influence among its ists detained in Guantanamo Bay to As long as they hold territory, they neighbors. any other state where they may go and call out to people worldwide to come Last week I spoke with Adam Szubin, actually sponsor terrorism. It is not a join them in their caliphate to come Acting Under Secretary of the Treas- hard decision; it is common sense.

VerDate Sep 11 2014 23:51 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.006 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1988 CONGRESSIONAL RECORD — SENATE April 13, 2016 Our bill is very clear: If those indi- are shareholders, it tries to increase She took the diploma to police depart- viduals are transferred out of Guanta- the value of shares and maybe even pay ments and sheriffs’ offices all around namo to some other state and then a dividend. the region and they looked at her and they later commit some act of ter- The others—the not-for-profits—by said: Sorry, but that is not a real uni- rorism, that state’s foreign aid is cut definition don’t do that, and most pri- versity. You have gone to school there off. The expectation is if these individ- vate universities are not for profit. Ex- for 5 years, and I know you have the di- uals go to that location, that location amples: University of Illinois, a public ploma, but we don’t recognize is actually going to monitor them. university, the University of Maryland. Westwood. Westwood College is not a Americans assume that at this point, Private universities: Georgetown Uni- real university. but it is not happening. versity, George Washington University. So she found out her diploma was Senator INHOFE and I will introduce a For-profit universities: The University worthless, she couldn’t get a job, but bill later today which prohibits the of Phoenix—people have probably here is the worst part: At that point, transfer to the United States or release heard of it—DeVry University out of she had $95,000 in student debt—$95,000 of terrorists held in Guantanamo Bay. Chicago, IL; ITT Tech; Kaplan, these in debt—and a worthless diploma. It also goes further than what we do are for-profit colleges and universities. Where do you turn? with Senator KIRK’s bill, and it actu- Are they different? They are dramati- Well, let me tell you what happened ally prohibits the President from clos- cally different. to her. She moved back in with her ing the facility entirely. The President Let me give my colleagues three parents, living in the basement. Her should not risk our Nation’s national numbers that define the difference be- dad came out of retirement, took a job security just to fulfill some campaign tween for-profit colleges and univer- to try to help her pay off her student promise that makes absolutely no sities and all the others. Here are the loans at Westwood, and she started to sense and puts our country at risk. numbers: Ten percent of all of college think about: How do I go to a real The executive branch occasionally students in America go to for-profit school now—a community college or laments congressional engagement in colleges and universities, like the Uni- something—so I can get an education. foreign policy, but this is the way the versity of Phoenix. These, many times She wasted 5 years of her life, and her American people speak out because the online, universities including Kaplan decisions from that point forward will people in Oklahoma are absolutely con- and DeVry, 10 percent of the students reflect the fact that she had this ter- cerned about what is happening in na- go to them. rible experience. Twenty percent of all of the Federal tional security and they want this ad- There are things which these for- aid to education goes to for-profit col- ministration to hear it loud and clear. profit colleges and universities do leges and universities. Why is it twice There seems to be no clear plan, and which other universities wouldn’t do. I as much as the percentage of students? the plans that are clear seem to weak- want to talk about one of them today. They are darned expensive. They have en our resolve on national security. The abuses of this industry are clear. tuition that is usually much more cost- Today I simply ask my colleagues to Hundreds of thousands of students have ly than other colleges and universities. been deceived, misled, and harassed join me and do what the people who we So that is 10 percent of the students, into enrolling in these schools where represent sent us here to do—to assume 20 percent of the Federal aid to edu- they end up with a mountain of debt the mantle of responsibility as leaders cation, and the next number is 40. and a worthless diploma. Every day and to show them that we are not Forty percent of all the student loan seems to bring news about another for- afraid to work with this administra- defaults in the United States of Amer- profit college scam, and I have been tion or any administration. We need to ica are students attending for-profit giving these speeches for a while, and take responsibility for setting the Na- colleges and universities—10 percent of it keeps unfolding day after day. Here tion’s national security agenda. It the students, 40 percent of the student must be done. loan defaults. Why? The answer is obvi- is the latest: the complaint the attor- It can’t be done just militarily. It ous. They are very expensive and the ney general of Massachusetts filed re- must be done in a broad method by education they provide often isn’t cently against ITT Tech for abusive re- reaching out, not only strategically worth much. cruitment tactics. I know this ITT and diplomatically through our State Students who enroll and start Tech because in my hometown of Department but also militarily with a courses at for-profit colleges and uni- Springfield, IL, at White Oaks Mall, clear focus to make sure we protect the versities get in over their heads and they have a big sign. They look like Nation and that we don’t release ter- drop out—the worst possible outcome. the real thing, but when Massachusetts rorists and actually do what we are Now they are deep in debt with no de- took a look at their recruiting tactics, supposed to do—guard this Nation’s se- gree, and they default on their loan. it turned out they were lying to the curity. Some finish, and for many of them, it students. You see, they need to lure in With that, I yield back. is even worse. After they have stacked students to sign up at ITT Tech, they I suggest the absence of a quorum. up all of this debt, they graduate from make promises they can’t keep, and The PRESIDING OFFICER (Mr. SUL- a for-profit college and university and many times they lure in students who LIVAN). The clerk will call the roll. find out the diploma is worthless. That are not ready for college. Why do they The legislative clerk proceeded to is the reality of higher education in do that? Because the minute a low-in- call the roll. America today. come student signs up at ITT Tech, the Mr. DURBIN. Mr. President, I ask For quite a long time I have come to Pell grant, which goes to low-income unanimous consent that the order for the Senate floor and talked about these college students, flows through the stu- the quorum call be rescinded. for-profit colleges and universities. I dent to ITT Tech. There is $5,800 just The PRESIDING OFFICER. Without got into this by meeting a young for being low income and signing up, objection, it is so ordered. woman from a southern suburb of Cook not to mention what follows—the col- FOR-PROFIT COLLEGES AND UNIVERSITIES County. She went to a place called lege student loans. Mr. DURBIN. Mr. President, if we Westwood College, a for-profit college If a student is lucky—if they are ask most Americans: What is the dif- and university based out of Colorado. lucky—the for-profit college will lead ference between a for-profit college and She had been watching all of these CSI them to the college loans originated by university and a not-for-profit college shows and the rest of them. She was the government. Those are more rea- and university, a private university, just caught up in law enforcement. She sonable. If they are unlucky, they get most of them would say: I am not sure wanted to get into law enforcement. So steered by these for-profit colleges to I can tell you. she enrolled at this for-profit college— private loans with dramatically higher Well, certainly for-profit, by defini- Westwood—and started attending interest rates and terms which are not tion, is a business. It is primarily a classes. Well, it turned out to be expen- the least bit forgiving. business that generates a profit for the sive, and then it turned out to be a dis- We say to ourselves: These students company if it is successful. It pays for aster. ought to know better. Well, how smart the salaries and compensation of those Five years later, she graduated and were you when it came to the ways of who work for the company, and if there received her diploma from Westwood. the world when you were 19 years old?

VerDate Sep 11 2014 23:51 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.007 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1989 How much did you know about bor- misconduct. It prevents prospective reported where grandmothers have rowing $10,000 when you were 19 or 20 students from knowing that there were their Social Security checks basically years old, when they shoved across the an awful lot of other students at the garnished to pay off the grand- desk a stack of papers and said: If you same school that had the same bad ex- daughter’s student loan. It is a debt, will sign these for your loan, you will perience. frankly, that will be with them for a be able to start classes Monday. You It is fine for schools to give students lifetime. That is why this conversation know what happens. The students sign the choice of arbitration, but to say it is so important. up. They have been told their whole is mandatory and that you have no A few years ago, the for-profit col- lives: This is what you need to do. other choice is wrong. Mandatory arbi- leges and universities ended up with When you finish high school, you go to tration clauses are not used by legiti- the same treatment as every other col- college. mate not-for-profit colleges and uni- lege and university, and they, too, Here is another part of it that is very versities. Not-for-profit colleges, public when it comes to student debt, have important. Right now, the Department and private, are comfortable with being their investment protected because the of Education is working on new Fed- held accountable to the students. They student cannot discharge it in bank- eral regulations so that when the stu- don’t require mandatory arbitration in ruptcy. dents go to these for-profit schools—or order for the students to sign up for This Senator thinks the Department any school for that matter—and the classes. The Association of Public Land of Education has the authority to clean school engages in unfair, deceptive, or Grant Universities, the National Asso- this up. abusive conduct, there is some protec- ciation of Independent Colleges and Mr. President, I ask unanimous con- tion. The Department has set up a rule- Universities, the Association of Com- sent to have printed in the RECORD a making, but because the negotiations munity College Trustees, and the legal analysis put together by Public with outside stakeholders haven’t American Association of Collegiate Citizen outlining the authority the De- reached a consensus, they are still Registrars and Admissions Officers all partment of Education has to ban man- working on the rule. confirmed what I just said. Unfortu- datory arbitration. Let me talk about one issue that I nately, mandatory arbitration clauses There being no objection, the mate- think is critical that is under consider- are a hallmark of the for-profit indus- rial was ordered to be printed in the ation by the Department of Education try, used by nearly all major compa- RECORD, as follows: when it comes to these for-profit col- nies—DeVry, the University of Phoe- PUBLIC CITIZEN, leges: mandatory arbitration clauses. nix, and ITT Tech, just to name a few. Washington, DC, February 24, 2016. You are going to find at for-profit col- These same clauses were used by a Dr. JOHN B. KING, Jr., leges—and at virtually no other col- for-profit school called Corinthian, Acting Secretary of Education, lege—a little paragraph stuck in that which went bankrupt. What happens Washington, DC. enrollment agreement, stuck in your when a for-profit college goes bank- CITIZEN PETITION enrollment contract, which says that if rupt? They have received the money The federal government spends more than you have any grievance with that for- $128 billion annually on student aid distrib- through the student from the Federal uted under Title IV of the Higher Education profit school, if you think they de- Government. They have received all Act (HEA), 20 U.S.C. § 1070 et seq. This aid, ceived you, defrauded you, lied to you, those Pell grants. They have received which includes Stafford, PLUS, and Perkins if you think that you got in debt for a the money for government loans, and loans, as well as Pell grants, is the largest promised degree that was going to lead now they are officially out of business. stream of federal postsecondary education to a job, you can’t plead your case in Where does that leave the student if funding. court after you sign this agreement. the school closes? Well, we give them a While profiting from U.S. taxpayers, some You have to go to mandatory arbitra- pretty tough choice. The first choice is predatory schools—particularly in the for- tion. Mandatory arbitration, for those profit education sector—target underserved to keep the credit hours they earned at populations of students, including people of not familiar with it, is a closed-door the for-profit school and transfer to an- color, low-income individuals, and veterans, process. The company or school, in this other school—too often another for- with fraudulent recruitment practices. These case, sets standards about who will de- profit. Is that worth the effort? Well, schools provide students with an education cide your fate and about what of any- the student has to decide or drop those far inferior to what has been promised. They thing that happened to you ever be- credit hours of the for-profit school and offer low quality programs and faculty, pro- comes public. Why do the for-profit get what is called a closed school dis- vide few if any student-support services, and schools do this? They don’t want to be charge. You don’t have to pay it back. have abysmal graduation and job-placement taken to court—no company does. rates. Many students drop out once they re- Who loses in that deal? The taxpayers. alize the extent of a school’s misrepresenta- They certainly don’t want to face a The taxpayers who have sent thousands tions. Those who do not may find themselves class action lawsuit by students who of dollars to these worthless for-profit with a worthless degree. In either case, the have been defrauded by these for-profit schools. school’s wrongdoing leaves many students schools, and they certainly don’t want I am hoping the Department of Edu- with a debt to the federal government that the Department of Education to know cation will promulgate a rule that pro- they cannot repay. that a certain number of students of tects students and their families when Unfortunately, the courthouse doors are for-profit schools have a grievance it comes to these for-profit schools. closed to many of these students because about the way they were treated. So There is one last thing I want to say they signed mandatory, pre-dispute arbitra- tion agreements at the time of their enroll- they have come up with a mandatory about college loans, and it probably is ment. Under these agreements, students are arbitration clause in documents a stu- the most important. If someone bor- required to use binding arbitration to resolve dent has to sign to go to class. Stu- rows money for a car or a home or a any dispute they may later have with the dents by and large don’t even see them. piece of property somewhere or to buy school; they are barred from the courts. As They are buried in the document. If some goods and then they fall on hard demonstrated in this petition, these arbitra- they did see them, they would find it times—somebody in the family gets tion clauses are detrimental to students, hard to even explain. These clauses re- sick, there are big medical bills, some- hamper efforts to uncover wrongdoing by in- quire students to give up their right to one loses a job, or there is a divorce— stitutions receiving Title IV assistance, and place the federal investment in Title IV pro- a day in court. It means, for example, and they are forced into bankruptcy grams at risk. that if a student is misled or deceived court to clear their debts, they are Public Citizen, Inc., a consumer organiza- by the school’s advertising or Web site going to find out if they have a student tion with members and supporters nation- and the student goes into debt and then loan, they can’t discharge a student wide, submits this citizen petition under 5 can’t find a job or can’t qualify for a loan in bankruptcy. It means, frankly, U.S.C. § 553(e) to request that the Depart- job that they promised you could, the that it is with them for a lifetime. ment of Education issue a rule requiring in- student doesn’t get a day in court. In- When grandma decides to cosign her stitutions to agree, as a condition on receipt of Title IV assistance under the HEA, not to stead, the student is forced into the se- granddaughter’s college loan and her include pre-dispute arbitration clauses in en- cret arbitration proceeding where the granddaughter defaults on the loan, rollment or other agreements with students. deck is stacked against them. It allows the collection agency calls her grand- This rule would be consistent with the De- schools to avoid accountability for mother. We have cases that have been partment’s legal authority under the HEA

VerDate Sep 11 2014 03:58 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.009 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1990 CONGRESSIONAL RECORD — SENATE April 13, 2016 and with the Federal Arbitration Act (FAA), SON—Republican and Democrat—put the Department of Transportation to 9 U.S.C. § 1 et seq. It would also be in line together the bipartisan bill that we are investigate what happened and to come with a call by members of Congress for the currently debating. I hope we can give up with recommendations on how to Department to condition Title IV funding on this bill careful consideration. One of improve security. After the Depart- a school’s commitment not to use forced ar- bitration clauses or other contractual bar- the items we should carefully consider ment of Transportation investigation, riers to court access in student enrollment is security at airports. FAA and DOT found there was not agreements. Since 9/11 we have focused more and enough focus on insider threats, and, I. STATEMENT OF INTEREST more on the security of airports, and clearly, better equipment is needed to Since its founding in 1973, Public Citizen when we hear of these terrible terrorist help communication from going down. has advocated on behalf of its members and incidents overseas, we understand that Once again, we are dealing with an supporters for public access to the civil jus- we can’t drop our guard. There were 32 area that is not as secure as it should tice system. As part of that work, it seeks to people who died in Belgium, and many be. end the use of forced arbitration clauses in were injured. The terrorists targeted The amendment I have offered to this consumer contracts because these clauses people who were just going about their bill builds on some of the recommenda- are fundamentally unfair to consumers, en- daily routine, catching an airplane. tions. It requires the FAA to make courage unlawful corporate behavior, and The terrorists took advantage of a vul- plans for law enforcement and other weaken the utility of enforcement efforts to protect the public. Public Citizen is engaged nerable system. At the airport, two authorities in the event of an incident. in efforts to encourage the Consumer Finan- bombs were set off before any security It requires the FAA to develop guide- cial Protection Bureau (CFPB) and the Secu- screening took place. That should be a lines for training and response to secu- rities and Exchange Commission (SEC) to wake-up call for all of us. rity threats and active shooter inci- ban pre-dispute arbitration agreements in Last week Senator HEINRICH offered dents and to ensure that, as the FAA consumer and investor agreements. Public an amendment that I was proud to co- makes investments in infrastructure Citizen’s counsel have represented parties in sponsor for commonsense measures to and basic equipment such as electrical several major cases involving the scope of strengthen security at U.S. airports in systems and telecommunications, they the FAA and the enforceability of pre-dis- places such as transit stops. I am pute arbitration agreements. Public Citizen think about resiliency and surviv- also frequently appears as amicus in cases pleased it passed with strong bipar- ability. involving these issues. tisan support. It adds extra security in We learned those lessons the hard In addition to its arbitration work, Public these areas where people take planes way in Chicago. I hope the Senate will Citizen supports robust regulation of preda- and trains where we were vulnerable take up my amendment so other air- tory educational institutions and student before the checkpoints. It adds law en- ports as well as Chicago will be ready lending practices that leave students saddled forcement officials, inspectors, special- in the future. with debt for overpriced educations. It par- ists in explosives, dogs, and experts These events are reminders of the ticipated in the Department’s Gainful Em- who can help with the screening proc- damage that can be done. With a simi- ployment rulemaking, and its attorneys rep- lar spirit of bipartisanship, we need to resent twenty-eight organizations as amici ess. It gives more flexibility to our in support of that rule in Association of Pri- States in cities like Chicago, which I have a commitment to our security at vate Sector Colleges and Universities v. am honored to represent, to grant secu- our airports and around the United King, No. 15–5190 (D.C. Cir.). Counsel for Pub- rity funding for better protecting these States. lic Citizen have also represented parties and vulnerable areas, and it gives more TRIBUTE TO RAY LAHOOD amici in numerous cases involving mis- flexibility in spending the money. Mr. President, while I am on the sub- conduct by for-profit educational institu- O’Hare is one of the busiest airports ject of airports, I want to recognize my tions. in the world, with 77 billion passengers friend and former colleague in the Mr. DURBIN. Mr. President, count- last year. Chicago is also host to many House, Congressman Ray LaHood. He less veterans groups, consumer advo- major national and global events with was named Secretary of Transpor- cates, legal aid lawyers, and student millions of travelers. We have one of tation by President Obama. On Tues- organizations support a full ban on the busiest networks of commuters and day, the Peoria International Airport mandatory arbitration clauses in high- travelers by transit, with 1.6 million honored him by naming their new er education. I hope the Department of people riding Chicago’s CTA every day, international terminal after him. Ray Education responds to this. I hope they getting to work by bus or train. Nearly served the Peoria region proudly for 14 have the resolve and the political will 300,000 passengers take Chicago’s Metra years as Congressman and for 4 years to get this done. commuter rail every day. We must en- as President Obama’s Secretary of It is sad when students end up with a sure we are doing everything we can to Transportation. Secretary Foxx went good diploma and a ton of debt. It is keep them safe. out to Peoria to show support for his unforgiveable for us to be complicit Communities such as Aurora, IL, predecessor. when the students end up with a ton of that have experienced their own threat Ray LaHood has been and continues debt and a worthless diploma from a not long ago will remember September to be a strong advocate for Illinois and for-profit college or university. of 2014. I am filing an amendment for our Nation’s infrastructure. This Mr. President, the Federal Aviation which I hope will be considered on this honor is certainly a fitting tribute, and Administration is now operating under bill to improve security in our air traf- I congratulate my former colleague, its second extension. Like too many fic control facilities after the experi- Congressman Ray LaHood. important issues, we just keep ence we had back in 2014. There was a I yield the floor. patching up the system. Last year, the fire at the air traffic facility in Aurora. The PRESIDING OFFICER. The Sen- Senate worked together to pass a 5- That center directs about 9,000 flights a ator from Florida. year transportation bill. Finally, after day over 6 States, including, of course, STUDENT LOAN DEBT 30 patches of a national transportation the Chicago region. The fire grounded Mr. RUBIO. Mr. President, first I program, both parties came together to thousands of flights. Its impact was have an item I want to speak about on pass the first long-term bill in over 10 felt for 2 weeks. It caused $5.3 million the pending bill. There is another item years. This was an important step for in damages to the traffic control facil- I want to discuss, first of all, but even the Nation and for my State of Illinois. ity, and hundreds of millions of dollars before that, I want to add that I caught Fixing and maintaining our infra- in economic impact. the tail end of the statement of the structure involves planning, and plan- The air traffic controllers, local po- Senator from Illinois about student ning includes certainty. If we don’t lice, and fire department did all they loans. When I first arrived here in the know we are going to be funded 6 could do, but there turned out to be Senate and I was sworn in right where months from now, it is very tough to bigger issues at play. This was a case of our pages are sitting now, I had over plan a highway, a bridge, or how we are arson by an employee at the air traffic $100,000 in student loans that I had going to administer an airport. control facility. taken on during my undergraduate but We have an opportunity to do the I went in and actually saw the dam- primarily my postgraduate education. I same for the Federal Aviation Admin- age that he did. Following the incident, can state that had it not been for the istration. Senators THUNE and NEL- I worked with the FAA and called on blessings of the proceeds of a book that

VerDate Sep 11 2014 23:51 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.001 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1991 I wrote called ‘‘American Son,’’ I am in action, will know at last that their I would also like to say a special not sure I would have ever paid those service has received the ultimate trib- thank-you to the students at St. loans off. I was fortunate. I went to law ute from a grateful Nation. Over the Luke’s Lutheran School in Oviedo, FL, school and got a law degree and was years, even in the shadow of unequal and to their teacher, Ms. Carla Cotto employed. I know firsthand the strug- treatment, the Borinqueneers never Ford, who is the granddaughter of two gle that millions of Americans are fac- faltered and never failed to prove just Borinqueneers. Ms. Ford and her stu- ing and the young people who have how valuable they are to the cause of dents raised thousands of dollars in taken on substantial student loan debt, freedom. their community toward an ongoing some of whom have never graduated My favorite example is the story of national effort to ensure that every from institutions and others who have Operation Portrex—a military exercise single living Borinqueneer would re- graduated, frankly, with pieces of that occurred on the eve of the Korean ceive a replica of the Congressional paper of degrees that, unfortunately, war. It was intended to test how the Gold Medal. are not worth the paper they are print- Army, Marines, Navy, and Air Force The passionate efforts of Mr. Rodri- ed on. As a result, they are stuck with would do as liberators of an enemy- guez and Mr. Morales and Ms. Ford and a debt that can never be discharged. controlled island. The Borinqueneers her students and so many others who There are only two ways to get rid of were tasked with playing the role of have labored to make this day a reality a student loan—die or pay it off. For ‘‘the enemy aggressors’’ and attempt- are part of what makes this Congres- many people, paying it off is not going ing to prevent the more than 3,200 sional Gold Medal so special. It re- to happen. It is an issue that this Sen- American troops from liberating the is- minds us that the legacy of past ator hopes Congress will confront. It is land in this exercise. It was a task Borinqueneers who have fought and a looming crisis in America. There is that, quite frankly, they were not ex- died for America is indeed a living leg- over a trillion dollars of student loan pected to accomplish. Yet, much to the acy. debt. Quite frankly, it holds people surprise of the Army commanders, the Today that legacy, alive and well, re- back. When that student loan is sitting 65th Infantry, badly outnumbered, was minds us that America truly is an ex- on your credit report, you won’t get a able to halt the offensive forces on the ceptional country. Ours is a nation loan to buy a home. If your wages are beaches. made up of people from all different being garnished and other issues come So it is no surprise that after seeing backgrounds and all different cultures up as a result of paying it off, it is a de- the tremendous skill of the who came together as one Nation be- bilitating problem that people face. We Borinqueneers, our Army commanders cause we share a common idea: that ev- have discussed throughout the years quickly deployed them into the heart eryone deserves the freedom to exer- the hopes of steps we can take to ad- of the Korean war, trusting them with cise their God-given rights. Each mem- dress it, and I hope we will have a numerous important offensive oper- ber of the 65th Infantry Regiment chance to do that before this Congress ations. One of those operations oc- fought for that freedom not just for finishes its work. curred on January 31, 1951. It is cred- themselves but for every man and HONORING THE 65TH INFANTRY REGIMENT ited as having been the last battalion- woman and child in these United ‘‘BORINQUENEERS’’ size bayonet charge by a U.S. Army States. Mr. President, before I speak on the unit. Of that charge, the commanding In closing, to the Borinqueneers, I bill, I want to rise today to pay tribute general, Douglas MacArthur, later would like to say congratulations on to a distinguished group of American wrote: the unveiling of your well-deserved heroes. It is a group that for too long The Puerto Ricans forming the ranks of Congressional Gold Medal. More impor- was denied the honors and benefits the gallant 65th Infantry regiment, on the tantly, on behalf of my staff and my they were owed for their service to our battlefields of Korea, by valor and deter- family and the people of Florida, I Nation. mination and a resolute will to victory, give would like to say thank you. Thank The 65th Infantry Regiment, known daily testament to their invincible loyalty you for your service. Thank you for as the Borinqueneers, is a predomi- to the United States and the fervor of their your courage. Thank you for fighting devotion to those immutable standards of nantly Puerto Rican regiment that is human relations to which the Americans and to make this Nation the best it can be. the only Hispanic segregated unit to the Puerto Ricans are in common dedicated. Mr. President, on another topic, I fight in every global war of the 20th They are writing a brilliant record of want to briefly discuss an amendment I century. Historically, the achievement in battle. I am proud indeed to now have pending on the bill before us, Borinqueneers were denied equal bene- have them in this command. I wish that we the bill on the FAA. It is an amend- fits and equal honors for their service, might have many more like them. ment that is drafted to the finance por- despite the fact that their regiment ex- Throughout the storied history of the tion of this bill and that deals with perienced equal risk and equal duty in 65th, there are countless examples of welfare reform. combat during World War I, World War valor that have distinguished this regi- For two decades now, it has been the II, and the Korean war. ment. Today, Puerto Ricans serve in policy of the United States that new They have since been decorated for our military at some of the highest immigrants to the United States do their extraordinary service on the bat- rates of any demographic group in the not qualify for welfare and other public tlefield. In the Korean war alone, the Nation, which is no doubt a lasting leg- assistance programs for their first 5 regiment earned more than 2,700 Purple acy of the Borinqueneers. years in the country. Just to lay out Hearts, 600 Bronze Stars, 250 Silver It has been one of my great honors as what that means, if you are a legal im- Stars, 9 Distinguished Service Crosses, a Senator to be involved in the effort migrant to the United States, for the and 1 Medal of Honor. to secure the Congressional Gold Medal first 5 years that you are in this coun- There is another medal, however, by cosponsoring the legislation that try, you do not qualify for any Federal that has yet to be presented, but that passed the Senate in 2014. I was also welfare or other public assistance pro- will change later this afternoon when honored to stand in the White House as grams. Of course, illegal immigrants do the Borinqueneers and their families President Obama signed the bill into not qualify at all for Federal assistance will celebrate the unveiling of the long law. programs. But there is an exception to overdue Congressional Gold Medal. Today, I want to thank two congres- this Federal law. The exception for this This is the highest civilian honor in sionally designated liaisons who policy is for refugees and asylees who the United States. worked tirelessly to make this day a come to our shores seeking shelter The medal will be unveiled today at a reality: San Rodriguez and Javier Mo- from persecution. So while immigrants ceremony in the Capitol. It will then be rales. Both of them are Army veterans. to the United States do not get Federal given to the Smithsonian Institute and They made it their mission to ensure benefits, if you can prove you are a ref- placed on public display. It is my hope that through the design of the medal ugee fleeing persecution, then you do that the more than 1,000 Borinqueneer and its unveiling ceremony, these men qualify for Federal assistance. veterans living throughout the United who have honored our Nation receive For those people who can prove they States, as well as the family members the honor they deserve in return. I are fleeing persecution, our compas- of those fallen, departed, and missing thank both of them for their work. sionate country makes this financial

VerDate Sep 11 2014 01:16 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.012 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1992 CONGRESSIONAL RECORD — SENATE April 13, 2016 commitment so they can get a new because you fear for your life and your and you will qualify for refugee bene- start on life and a leg up. But there is freedom. If you are a refugee, it means fits. But if you simply arrive from a provision of existing law that many you are seeking refuge. It is difficult to Cuba because you are seeing a better people are not aware of. A provision of justify someone’s refugee status when life for yourself from an economic this existing law basically says that after arriving in the United States standpoint, you will still be able to anyone who comes from Cuba—regard- they are traveling back to the place benefit from the Cuban Adjustment less of why they come to the United they are ‘‘fleeing’’ from, 10, 15, 20, 30 Act in that status, but you will not States, they are automatically and im- times a year. qualify for Federal benefits and you mediately presumed to be a refugee, By the way, this places the Cuban act will be treated like any other immi- and therefore they are automatically in particular danger. That is a separate grant who comes to the United States. and immediately eligible for welfare topic not dealt with in my amendment We should be clear that the Castro and other public assistance. In essence, and one that I have said publicly regime does indeed repress hundreds of our existing law treats all Cubans cat- should perhaps be reexamined and ad- people every week. There is no ques- egorically as if they are refugees, justed to the new reality we now face. tion that there are many who still whether or not they can prove it. But I am not dealing with that right come here from Cuba who are refugees As many of you know, I am the son of now. We are dealing with the benefits and are fleeing persecution. There is no Cuban immigrants. I live in a commu- portion of this. doubt that there are people who will nity where Cuban exiles have had an It is difficult to justify refugee bene- arrive this month and this year from indelible imprint on our country, on fits for people who are arriving in the Cuba who have left Cuba because they the State of Florida and in South Flor- United States and are immediately are being politically persecuted. There ida in particular. Yet I stand here traveling repeatedly back to the nation is no doubt about that. So we are not today to say that this provision of law, they claim to be fleeing. Others who talking about excluding them. They will be able to prove they are refugees this distinction, is no longer justified. are immediately traveling back to the and they will be able to qualify for ref- This financial incentive, this notion, island are actually staying there. ugee benefits. While it is clear that this reality that if you get here from Let me paint the picture for you. You there are still many people facing per- Cuba, you are going to immediately come from Cuba on the Cuban Adjust- secution in Cuba and fleeing, it is also qualify for Federal benefits has encour- ment Act. You arrive in the United States because you crossed the south- clear that it is not everyone who is aged the current migratory crisis in coming from Cuba. west border with Mexico or you landed which today thousands of Cubans are So all this amendment would do is making dangerous trips to come to the on a raft on a beach somewhere in bring parity between Cuban refugees United States of America. It is cre- Florida. You claim your status as a and every other refugee. I say this to ating pressure for foreign govern- Cuban refugee, and then less than a you as someone whose parents came ments—for example, in Central Amer- year later or a year later, you travel from Cuba. I propose this amendment ica—that simply cannot host them, and back to Cuba and you stay there for as someone who lives in a community it is now adding pressure to our south- weeks or months at a time. But be- where Cuban Americans comprise a sig- west border. cause you qualify for Federal refugee nificant plurality of the population. I Just to outline what is happening, benefits, you are receiving benefits see firsthand these abuses that are oc- traditionally, Cubans come to the from the Federal Government, but you curring. It is not fair to the American United States on a raft, on an airplane, are living in Cuba. And how this prac- taxpayer. It is costing us money. Quite or on a visa, but now many are making tice works is that while you are living frankly, it is encouraging people to to trip to Costa Rica or Honduras and in Cuba, relatives or friends in America come here to take advantage of this they are working their way up to Cen- are getting hold of your benefits, which program. tral America, through Mexico, and are mailed to you or direct-deposited, By passing this amendment—if we crossing our southern border. and then they are making sure you get pass it—Congress will not only save It is my belief—and I think well- that money to subsidize your lifestyle. taxpayers millions of dollars, but I be- founded based on much of the evidence I can tell you today unequivocally lieve it will also help minimize the in- we have now received in testimony and that there are people living basically crease we have seen in migration of Cu- in newspaper articles; the South Flor- permanently on the island of Cuba, bans over the last couple of years by ida Sun Sentinel, one of our news- with an occasional visit back to the weeding out bad actors who only come papers based in Broward County, has United States, who are living a life- to the United States in search of gov- extensively documented this and other style that is being subsidized by the ernment benefits they can take advan- abuses that are going on—that a sig- U.S. taxpayer because of this abuse. tage of for the first 5 years they are nificant number of people are drawn to This practice, quite frankly, is illegal here. this country from Cuba because they under current law, but the responsible I believe this is responsible. I believe know that when they arrive, if they agencies seem to have failed to enforce this is the right approach for our Na- can step foot on dry land, they will im- this law. So I have offered an amend- tion fiscally but also from an immigra- mediately receive status and they im- ment to this bill that puts an end to tion standpoint. I hope I can earn bi- mediately qualify for a package of Fed- this abuse and puts an end to the un- partisan support for passing this very eral benefits that no other immigrant fairness of the existing law. All my sensible proposal. group would qualify for unless they can amendment would do is it would sim- I encourage my colleagues to go on prove they are refugees. ply require those who come from the Web site of the South Florida Sun This current policy is not just being Cuba—they would still be able, under Sentinel, a newspaper in South Flor- abused, it is hurting the American tax- the Cuban Adjustment Act, to receive ida. You can see they have extensively payers. There are reports that indicate permanent status in the United States, documented not just these abuses but a that financial support for Cuban immi- but they are going to be treated like series of other abuses that are occur- grants exceeded $680 million in the every other immigrant. They are going ring as well as part of this overall pro- gram. year 2014 alone. Those numbers, by the to be ineligible for most Federal ben- So it is my hope that I can earn the efit programs for 5 years unless they way, have quite frankly grown since support of my colleagues to convert then. can demonstrate and prove they qual- this idea into law. On top of the fundamental unfairness ify for refugee status. With that, I yield the floor. of the policy, recent reports in the Let me paint a picture of what that I suggest the absence of a quorum. media indicate that there is gross would look like. If you come from Cuba The PRESIDING OFFICER (Mrs. abuse of this policy. In Florida, we are and you can prove that you are fleeing ERNST). The clerk will call the roll. now hearing many stories of individ- oppression, that you are involved po- The bill clerk proceeded to call the uals coming to this country and claim- litically, that you are a dissident, that roll. ing their benefits regularly and repeat- you are someone who the government Mr. MANCHIN. Madam President, I edly returning to Cuba—in essence, the is persecuting, then you are a refugee ask unanimous consent that the order country you are supposed to be fleeing and you will be treated like a refugee for the quorum call be rescinded.

VerDate Sep 11 2014 01:16 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.014 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1993 The PRESIDING OFFICER. Without So this is Jessie’s story and her fam- dict sent her home with a prescription objection, it is so ordered. ily’s pain, which is all too familiar and for 50—50—OxyContin pills. She should JESSIE’S STORY all too common in West Virginia and never have been given one—not one— Mr. MANCHIN. Madam President, I throughout the Nation. As I said, we for opioid medication. am rising to share Jessie’s story. lost 627 West Virginians last year, and We must ensure this never happens Jessie’s story is the story of Jessie 61,000 West Virginians used prescrip- again. Jessie passed away that night Grubb from Charleston, WV, who tion pain medications for nonmedical and think about how preventable this passed away. She was only 30 years old. purposes in 2014—nonmedical purposes. was. Because of a lot of the privacy After years of struggling with heroin This includes 6,000 teenagers. laws, we can’t tell. That doctor didn’t addiction, she had been doing well. Her Our State is not unique. Every day in know. Did someone mess up? We don’t parents and family members and all the country, 51 Americans are dying— know. If you are allergic to penicillin her close friends were very proud of the 51 Americans die every day from opioid or something, it is on your chart. They progress she was making. She had been abuse. Since 1999, we have lost almost know all the way through if you are al- sober since August, but last month she 200,000 Americans to prescription lergic to anything, but if you are an had surgery for an infection. The infec- opioid abuse. Think about that: 200,000 addict and you are allergic to opioids, tion was related to a running injury, in a little over a decade. That is un- because they will kill you, they can’t and she died a day after leaving the heard of. In any other category we reveal that. hospital. would be doing something monu- So, Madam President, I will be ask- Jessie’s story with addiction is mental. ing for your help, as always, and I known to many. Her father David Jessie’s story deeply impacted the know you will be compassionate about Grubb was a colleague of mine—a State President, and I spoke with him about this. Next week I will be introducing senator, and a very good State senator, her death and the pain her family is Jessie’s Law to make sure this type of I might add. We worked together in the going through. When the President careless mistake never happens to an- legislature. He shared their family’s came to Charleston, Jessie was in a other daughter, a son, a nephew, a struggle with addiction with President rehab facility in Michigan for the niece, anyone in America. Obama. I was very pleased President fourth time—for the fourth time. Be- The bottom line is, we need to go at Obama came to a State where he prob- fore her life was taken over by addic- this problem from every angle and with ably has the least popularity but which tion in 2009, Jessie’s future was very the help of everyone—family assist- ance, counseling programs, drug has the greatest challenge with opioid bright. She was truly an unbelievable courts, consumer and medical edu- addiction—West Virginia. He came young lady. She was the beloved cation, law enforcement support, State there and he heard the struggles. He daughter of David and Kate Grubb, the and Federal legislation. We need to saw it firsthand, and I think it moved beloved sister to her four sisters, and a throw everything we have at this. With him and made him more committed to beloved friend to family and to many continued support and tireless work fighting this drug abuse that is going others. from everyone, we can beat this epi- on in America. Jessie was an excellent student and demic once and for all. As I said, David Grubb shared his scored in the 99th percentile on every Jessie’s death is heartbreaking to family’s story with President Obama one of her tests. She was a cheerleader anybody who knew her or the family or when he came to West Virginia last Oc- at Roosevelt Junior High School and their contribution to society every tober and, like I said, it has made a dif- was an avid runner. At the time of her day. This is a tremendous family who ference. In West Virginia, not unlike death, she was looking forward to run- gives so much back. We all know some- Iowa, we have been hit very hard. As a ning in her first marathon. The only one who has been impacted. We do, matter of fact, West Virginia has been trouble she had ever gotten into in every one of us. Every one of our young hit the hardest by opioid addiction. It school was when she protested the Iraq interns here know. Our pages know. is an epidemic. war. Needless to say, she was a natural They see it in their schools. Everybody When we think about an epidemic, born leader. She truly was. She was sees what is going on, but we have to pandemics—we talk about Ebola and one of those girls who was captivating. speak up. This is a fight we have to the Zika virus and all the things we After graduating from Capital High win. hear about, but we haven’t heard a School, she was thrilled and looking This opioid epidemic is claiming a whole lot about opioid addiction. It has forward to her bright future at the Uni- generation and taking them away from been a silent killer. It is one where we versity of North Carolina, Asheville. us. I am committed to this more than are all ashamed if it happens to us or She was sexually assaulted during her I have been committed to anything. If our family. We don’t talk much about first semester, which caused her to I have one purpose of being in the Sen- it. We think we can handle it within withdraw from school and return home ate, it is to bring to light these young our own structure. Yet it is an epi- to Charleston. people whose lives have been changed, demic. I say there is not a person in That traumatic event caused Jessie whose families’ lives have been our country who doesn’t know someone to turn to heroin to escape her pain. changed all over West Virginia, all in their immediate or extended family Over the next 7 years, Jessie would bat- over America. There has been silence who hasn’t been affected. That is an tle her addiction. She would overdose for far too long, and we are not going epidemic, and it is something we have four times and go into rehab four to keep silent any longer. to cure. times, but up until her death, she had People are sending me letters from Drug overdose in my little State of been sober for 6 months and was fo- Iowa, letters from my State of West West Virginia has increased by more cused on making a life for herself in Virginia, and they are saying: Please than 700 percent between 1999 and 2013. Michigan, and one her parents were use my name. Put a face and a name to Last year alone, over 600 lives were lost very proud of. a tragedy. They want us to know in to prescription drug abuse—overdose. All of Jessie’s hard work was ruined Congress that something has to be Now that is legal. These are products because of a careless mistake—one done. We don’t need all these drugs on produced by legal manufacturing com- mistake. Jessie’s death is particularly the market. We don’t need the pharma- panies, pharmaceuticals. These are heartbreaking because it was 100 per- ceutical companies putting out more products approved by the Food and cent preventable—100 percent. Her par- and more powerful opioids. We don’t Drug Administration, a watchdog re- ents traveled to Michigan for Jessie’s need a business plan that is destroying sponsible for making sure our food and surgery and told her doctors and hos- people’s lives. all of our drugs are safe. So this is pital personnel that she was a recov- I think this is something we agree something that is legal and that our ering addict. Jessie was having hip sur- on. This is something that will unite us doctors prescribe. Our most trusted gery that was caused by all her run- like nothing else in Congress. It is not people in America—our doctors—are ning, and they were treating her for an a Democratic or a Republican epi- prescribing something they think will infection. However, after her surgery, demic. It is not a disease that is killing help us. Yet it is something that is the discharging doctor who said he Democrats and Republicans. It is kill- killing Americans everywhere. didn’t know she was a recovering ad- ing Americans, and we are Americans.

VerDate Sep 11 2014 01:16 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.015 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1994 CONGRESSIONAL RECORD — SENATE April 13, 2016 So I am hopeful, and I have been very and go over the same homes. It is a Pilot 1: I mean I don’t get it. It pleased with all of the support we are straightforward point, and fatigue is should be one level of safety for every- getting from both sides, Democrats and fatigue. They are not less fatigued be- body. Republicans, coming together on this cause they are carrying cargo rather Pilot 2: It makes no sense at all. issue. We have important legislation than passengers. These pilots can fly Pilot 1: No, it doesn’t at all. coming forward. I believe this is going up to 16 hours a day. We know from the Pilot 2: And to be honest, it should be to allow us for the first time to make pilots themselves—many pilots organi- across the board. To be honest, in my a monumental change. I thank VA Sec- zations have endorsed this—that this is opinion, whether you are flying pas- retary Bob McDonald. He is trying very a very dangerous disparity, and it sengers or cargo, if you are flying this hard to change the culture of the VA, needs to be fixed. time of day, you know fatigue is defi- of treating pain with alternatives. I am asking the majority for an up- nitely— There is so much more we need to do. or-down vote on this amendment. It is Pilot 1: Yeah, yeah, yeah. I will be getting into that later. real simple. It simply says the FAA Pilot 2: When my alarm went off, I I thank the Presiding Officer for the should get rid of this disparity and mean, I am thinking, I am so tired. great job she does for the great State make the cargo pilots have the same Pilot 1: I know. of Iowa. rules as the passenger pilots—real sim- ‘‘When my alarm went off, I mean, I Madam President, I suggest the ab- ple. am thinking, I am so tired.’’ sence of a quorum. According to the National Transpor- This photograph shows what hap- The PRESIDING OFFICER. The tation Safety Board, the No. 1 safety pened to that cargo jet. It happened clerk will call the roll. issue is fatigue. This is what they cite over Alabama in 2013. This is what hap- The senior assistant legislative clerk as the No. 1 problem across the board. pened. The NTSB said it was definitely proceeded to call the roll. So we need to fix this. I have spoken to fatigue that played a role in this crash. Ms. MURKOWSKI. Madam President, both of my friends, Senator NELSON, So am I being unreasonable to say this I ask unanimous consent that the order who supports this, and Senator THUNE, is the FAA bill—this is the bill we do for the quorum call be rescinded. who has been a little more subtle about every couple years about air safety? The PRESIDING OFFICER. Without how he feels about this. I asked them if Am I being unreasonable to ask my objection, it is so ordered. I could have the up-or-down vote. I colleagues to vote up or down on Ms. MURKOWSKI. Madam President, hope I can have the up-or-down vote. I whether there ought to be parity be- I ask unanimous consent that amend- am not asking for anything special. A tween passenger pilots and cargo pi- ments submitted to the previous sub- 60-vote threshold is fine. lots? I don’t think so. stitute, Senate amendment No. 3464, be If people want to vote against the Remember Captain Sullenberger, who considered to be submitted to the new amendment, fine; let them be held ac- was the hero? Captain Sullenberger substitute, Senate amendment No. countable. But it is a moral issue right was the hero who landed his plane in 3679, as long as the instructions to the now. The bottom line is, people are in the water—the ‘‘Hero of the Hudson.’’ clerk are drafted properly. jeopardy right now. He is a superstar. He did this. He knows The PRESIDING OFFICER. Is there I don’t know exactly what is going to about safety. He knows it. objection? happen. The reason we are at a stand- A passenger on that flight said: I Without objection, it is so ordered. still is partly because I said I want a could feel the water running over the Ms. MURKOWSKI. Madam President, vote, and that promptly stopped top of my feet, and that is what really I suggest the absence of a quorum. things. I do it rarely, but I know if we scared me. ‘‘I thought, I survived the The PRESIDING OFFICER. The pass this, we are going to save lives. It impact and now I am going to drown.’’ clerk will call the roll. is written somewhere in the Old Testa- That was a passenger who said that— The senior assistant legislative clerk ment that if you save one life, you save how the pilot saved them all. We all proceeded to call the roll. humanity. Saving lives is one thing we know who saved 155 people as he landed Mrs. BOXER. Mr. President, I ask should do, and since we know about the jet in the frigid New York Hudson unanimous consent that the order for this disparity and we have proof that River. the quorum call be rescinded. we need to fix it, we need to fix it. Let’s see what Sully Sullenberger The PRESIDING OFFICER (Mr. All I am asking for is an up-or-down says about the situation of fatigue. If TILLIS). Without objection, it is so or- vote. If people want to vote no, that is we cannot listen to this, who are we dered. fine with me. Hopefully, most will vote listening to? By the way, these com- Mrs. BOXER. Mr. President, I am yes, and hopefully we will get this ments are not aimed just at my col- trying to get a vote on an amendment done. We got it done before, and we leagues; they are aimed at the adminis- that Senator KLOBUCHAR and I have should be able to get it done again. tration that has not done this, which is submitted. To explain it, I want to What could be happening is that we wrong. They are wrong. show you this graphic. could get that vote. Of course, what I Listen to what Captain ‘‘Sully’’ These are two airplanes that are ex- would love to death is if Senator THUNE Sullenberger, the hero of Flight 1549, actly the same size, they are flying and NELSON just took our amendment said: ‘‘You wouldn’t want your surgeon across the same sky, and they are fly- and put it in the package. That would operating on you after only 5 hours of ing over the same homes. But there is be wonderful. But if they don’t want to sleep, or your passenger pilot flying a difference—a difference that I am do that, I want a vote. the airplane after only 5 hours sleep, trying to fix. This one is a passenger What I hope doesn’t happen is that and you certainly wouldn’t want a plane. Due to an FAA regulation that they will say: OK. We will give you a cargo pilot flying a large plane over Senator Snowe and I were able to get vote, but we are going to take two real- your house at 3 a.m. on 5 hours of sleep in place through a vote in this Cham- ly poison pill amendments and force trying to find the airport and land.’’ ber several years ago, the pilots in the everybody to vote on those. So the question is: Who do we listen passenger plane can fly only up to 9 This is not a game. I am not here to to? Do we listen to the companies that hours a day. After that, they have to have a game. I am here to have a vote, are afraid it is going to cost them a few rest because pilot fatigue is a very dan- up or down. This should not be tied to dollars? Do we listen to the pilots? Do gerous situation facing not only our pi- anything else. we listen to Sully Sullenberger, who is lots but their crews and everyone that I want to read to you the incredible telling us fatigue kills? It is a killer. is in their vicinity. words that were spoken. These are ex- That is what he said at the press con- What happened when Senator Snowe cerpts from UPS Flight 1354. This is a ference yesterday. and I wrote our legislation? We as- cockpit conversation that took place I ask unanimous consent to have sumed that the regulation that would minutes before a crash. These words printed in the RECORD two articles that be forthcoming from the FAA would are coming from the grave. Listen to appeared recently in the news. cover both passenger and cargo planes these words and make up your own There being no objection, the mate- because, again, these planes share the mind as to whether I am being unrea- rial was ordered to be printed in the same skies, go over the same airspace, sonable here in wanting to have a vote. RECORD, as follows:

VerDate Sep 11 2014 01:16 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.017 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1995 [From the New York Daily News, April 12, would be my own fault. I get to travel the ‘‘This is not a partisan issue, it is a 2016] world, meet world leaders and leaders in the science-based commonsense issue.’’ MIRACLE ON THE HUDSON PILOT PUSHES SAFE fields of health, technology,’’ and of course He said cargo pilots generally fly at night SKIES ACT TO GRANT CARGO PILOTS REST Hollywood, he said. and deserve the same sleep standards already PROTECTIONS ‘‘It’s really been a fascinating education.’’ guaranteed to passenger pilots—flights lim- ited to eight or nine hours and minimum of (By Nancy Dillon) [From The Hill, April 12, 2016] 10-hour rest periods. Tom Hanks will play him in a Clint DEMS WANT PILOT-REST PROVISION IN FAA ‘‘It is really just flat wrong (to exclude Eastwood-directed biopic due out this sum- BILL cargo pilots). They’re the ones who need it mer, but Chesley Sullenberger isn’t leaning (By Melanie Zanona) most. They have their natural circadian his seat back. rhythms disrupted the most.’’ Senate Democrats want to grant cargo pi- The Miracle on the Hudson pilot was in Just standing next to the guy was a Washington, D.C. Tuesday, pushing law- lots the same rest standards as passenger pi- makers to pass the Safe Skies Act and grant lots as a provision of a Federal Aviation Ad- thrill for me. Captain Sullenberger told cargo pilots the same rest protections as pas- ministration (FAA) reauthorization bill. the News: senger pilots. Sens. Barbara Boxer (D-Calif.) and Amy ‘‘If you’re home in the evening when hun- ‘‘This is not a partisan issue, it’s a science- Klobuchar (D-Minn.) are leading the fight to dreds of cargo airplanes are flying overhead, based, commonsense issue, Sullenberger told attach an amendment to the FAA bill that it doesn’t matter if those planes are carrying the Daily News. would limit cargo plane pilots to flying no people or packages. It matters that their pi- He said cargo pilots generally fly at night more than nine hours a day—the same stand- lots are alert enough to do their job safely,’’ and deserve the same sleep standards already ard for passenger pilots. Cargo pilots can the retired U.S. Airways captain said. guaranteed to passenger pilots—flights lim- currently fly up to 16 hours a day. Captain Chesley ‘‘Sully’’ Sullenberger, the Do you know what Sullenberger said? ited to eight or nine hours and minimum 10- retired captain who safely executed He said that ‘‘it’s doubtful he and his hour rest periods. ‘‘It’s really just flat wrong (to exclude an emergency landing in the Hudson River in crew could have landed U.S. Airways cargo pilots). They’re the ones who need it 2009, is also backing the provision. He was Flight 1549 in the Hudson River on Jan- most. They have their natural circadian spotted talking to members about the uary 15, 2009—saving all 155 souls—if amendment in the Senate basement after a rhythms disrupted the most,’’ Sullenberger they were deprived of sleep.’’ Tuesday press conference. told The News. Look, we can all put ourselves in a ‘‘Fatigue is a killer,’’ Sullenberger said at ‘‘If you’re home in the evening when hun- the press conference. ‘‘It’s time to right this situation, whether we are young—and dreds of cargo airplanes are flying overhead, wrong. It’s time to fix this rule.’’ the young can take lack of sleep a lot it doesn’t matter if those planes are carrying Boxer said she would filibuster the FAA better. As we age, it is tougher. I used people or packages. It matters that their pi- bill if the pilot provision does not get a vote. to take the redeye all the time, and I lots are alert enough to do their job safely,’’ ‘‘I think this is an absurdity to block a the retired U.S. Airways captain turned au- can state that I felt it for days. Do we vote on something as important at this,’’ she want to have a pilot in a circumstance thor and aviation safety consultant said. said. Sullenberger joined Senators Barbara The comments come amid growing concern where he or she is sleep deprived and Boxer (D–CA) and Amy Klobuchar (D–MN) in that pet interests could bog down the entire they find themselves in an emergency? Washington to close the ‘‘dangerous loop- FAA bill, including a push to include renew- I don’t think so. None other than hole’’ in prior legislation that carved out the able energy tax breaks. The agency’s current Sullenberger said that he is doubtful he exception for cargo pilots at the request of legal authority expires July 15. and his crew could have landed that cargo carriers, he said. ‘‘There are other problems with the bill flight if they were sleep deprived. The Safe Skies Act would be an amend- that people are weighing as well, so I think He said again—this is in another arti- ment to the FAA reauthorization bill, ac- this bill has a very shaky future,’’ Boxer cle from the Daily News. He said: cording to a press release from Boxer’s of- added. fice. Boxer and Klobuchar first crafted legisla- ‘‘I get daily reminders of that remarkable Currently, cargo pilots can be on duty for tion to make sure passenger and cargo crews day. So many people rose to the occasion— up to 16 hours at a time, the release said. had the same flight- and duty-time require- the crew, all the rescue workers,’’ he said. At least one freight giant is against the ments after the Department of Transpor- ‘‘It was the result of the efforts of many peo- proposal. tation (DOT) wrote new rules to address ple, but I’ve become the public face . . . and ‘‘Cargo and passenger pilots have very dif- pilot fatigue following a deadly passenger had I been fatigued, we could not have per- ferent schedules, and one size does not fit all airline crash in 2009. formed at that level.’’ when it comes to air travel safety. Forcing The DOT standards require passenger pi- This is the classic case of a no- cargo pilots to fly according to a set of rules lots to be limited to flying either eight or brainer. The people who fly the air- developed for distinct conditions in a dif- nine hours, with a minimum of 10 rest hours planes are telling us that fatigue is a ferent industry will make them less safe,’’ and the opportunity for at least eight hours FedEx said in a statement to the Daily of uninterrupted sleep. But cargo pilots were killer. They are telling us in a cir- News. not included in the rules. cumstance of emergencies that they ‘‘Safety is our top priority. That’s why we ‘‘This doesn’t make sense,’’ Boxer said will not be able to function. oppose legislation mandating passenger-pilot Tuesday. ‘‘It’s dangerous.’’ We have an opportunity to fix it, but scheduling limits for cargo pilots,’’ the A group of shipping companies wrote a let- we don’t have a vote right now. We statement said. ter to Senate leadership explaining why they don’t have a vote. As I understand it, Sullenberger said its doubtful he and his thought the amendment ‘‘could actually we might have a vote, but they may make our operations less safe and put our pi- crew could have landed U.S. Airways Flight then say to vote on two other issues 1549 in the Hudson River on January 15, lots at risk.’’ 2009—saving all 155 souls—if they were de- ‘‘Measures used to prevent fatigue must be that are poison pill issues. That is the prived sleep. different for passenger carriers than they are way it goes around here. ‘‘I’ve proven in the most dramatic way for cargo carriers because our work sched- Someday I am going to write a book what I’m talking about,’’ Sullenberger said. ules are different,’’ wrote FedEx, UPS, ABX called ‘‘How a Bill Really Becomes a ‘‘Had (copilot) Jeff (Skiles) and I been fa- Air and . Law.’’ The truth is that is how it goes tigued, we could not have performed at that ‘‘We fly fewer legs, have longer layovers, around here. If one wants to vote on and have better rest opportunities on our level.’’ something, then they say: Swallow a The legendary landing on the frigid Hud- trips, including while technically ‘on duty’ son—caused by a bird strike the crippled the waiting for our nightly sorts to occur.’’ porcupine, and maybe we will give you plane’s engines after takeoff from LaGuardia Boxer beat back against the letter, accus- a vote. Airport—is something he still thinks about ing special interests of intervening. Now here is another one. ‘‘Miracle on ‘‘The proof is in the pudding,’’ Boxer said. constantly, he said. the Hudson Pilot Pushes More Rest for ‘‘I get daily reminders of that remarkable ‘‘Special interests are doing what they al- Cargo Crews.’’ He and I are standing day. So many people rose to the occasion— ways do: trying to get a deal.’’ there, and all I am saying is: the crew, all the rescue workers,’’ he said. Mrs. BOXER. Thank you, Mr. Presi- We just need a vote on this, and you know ‘‘It was the result of the efforts of many peo- dent. if people want to come down in the well and ple, but I’ve become the public face.’’ Here it is. This one in The Hill is vote the wrong way on safety, then they Asked about Warner Bros planned release quoting Captain Sullenberger: have shown themselves . . . [but], frankly, of ‘‘Sully’’ this September—a movie based on ‘‘Fatigue is a killer’’. . . . ‘‘It’s time to they are putting the lives of people at risk. his autobiography ‘‘Highest Duty’’— right this wrong. It’s time to fix this rule.’’ Sullenberger, 65, said he’s grateful for all the And I am asking for a vote. Again, continued attention. Here is another quote in the New Sully Sullenberger is quoted: ‘‘I’m doing very well. I’ve been saying that York Daily News, with a picture of ‘‘Let me be very direct: Fatigue is a killer. for a long time. If I was not doing well, it Captain Sullenberger saying: . . . It’s a ruthless indiscriminate killer that

VerDate Sep 11 2014 03:54 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.002 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1996 CONGRESSIONAL RECORD — SENATE April 13, 2016 our industry and our regulators have allowed They talk about the crash COALITION OF AIRLINE to continue killing for way too long.’’ in 2009. We took action to fix the prob- PILOTS ASSOCIATIONS, This is not partisan. I have a Demo- lem on passenger planes, but it was in- Washington, DC, March 31, 2016. Hon. JOHN THUNE, cratic administration who did the explicable that it was left out of the wrong thing on this. I have a Repub- Chairman, Committee on Commerce, Science and cargo planes. Transportation, U.S. Senate, Washington, lican Senate that is not giving me a DC. vote on this. Come on. When people die As pilots, they say safety is their No. 1 priority. Hon. BILL NELSON, in an airplane crash, we don’t know if Ranking Member, Committee on Commerce, they are Democrats or Republicans; we They say: Science and Transportation, U.S. Senate, just know we cry our hearts out for the Washington, DC. ‘‘We cannot do our job if we are not all families. DEAR CHAIRMAN THUNE AND RANKING MEM- held to the same safety standard. A tired and BER NELSON: I am writing you today on be- I am going to show you the crashed fatigued pilot is a danger to everyone in plane again. This is what happens when half of 28,000 professional airline pilots in their path.’’ support of the Klobuchar Amendment to the there is fatigue. This is what can hap- FAA reauthorization bill. As you know, dur- pen. There have been many of these That is the point. These passenger pi- ing the committee mark-up Senator Klo- crashes because the pilots are flying on lots are rested; the cargo pilots are fa- buchar respectfully withdrew consideration 5 hours of sleep. tigued. They fly in the same sky, in the of her amendment with the hope and com- All I am asking for is a vote. Give us same airspace. They try to land at the mittee leadership would work with her to a vote. If you want to vote it down, same airports. Having this disparity is solve what is known as the cargo carve-out. vote it down. You will be judged. That a nightmare. As you are aware, Congress passed legisla- is OK. That is your problem, not mine. tion in 2010 following the deadly 2009 Colgan They say: Air Flight 3407 crash that claimed the lives I want to praise Senator KLOBUCHAR, of 45 passengers, 4 crew members and 1 indi- who is the coauthor of this amend- ‘‘Please, do not let another tragedy be the vidual on the ground. As the details of the ment. She was very effective in her reason for action. This is your chance to fix pilots’ lack of training and fatigue came to comments both in the committee and the cargo carve-out and ensure safe skies in light, the American public demanded that at the presser yesterday. this nation.’’ more be done to ensure safety in our skies. Sullenberger, the ‘‘Hero of the Hud- Congress heard these concerns and in- I thank these pilots for weighing in son,’’ said this in this other article: cluded a requirement in the 2010 FAA reau- on this issue. It means a lot to me that ‘‘This rule was written the way it was, not thorization that the Department of Trans- for scientific reasons, but for economic ones, they did it. portation promulgate rules on pilot duty and by those who are more concerned about an rest hours to prevent fatigue and ensure The Coalition of Airline Pilots Asso- flights are safely operated by pilots with additional burden that they consider an ad- ciations talks about the Klobuchar ditional cost. It’s time to right this wrong. adequate rest. amendment, which is this amendment, As well-intended as those rules were, some- It’s time to fix this rule.’’ and they ask us to please allow this how through a cost benefit analysis and You know, those of us who have been vote. other inexplicable changes to the original around a long time remember the Ford rules as proposed, cargo pilots were carved Pinto. That car exploded when there They say: out of these new regulations, apparently be- cause it was too costly to ensure cargo pilots was a crash. I think a lot of us remem- ‘‘We cannot continue operating with two ber it. When discovery was done by the had adequate rest. levels of safety and we sincerely hope you Time and time again we see tragic, and attorneys for the victims, they found are able to fix the cargo carve-out once and avoidable, plane crashes where fatigue is one out the cold and calculating ways the for all.’’ We urge your support for this of the factors contributing to, or out right to corporation viewed these accidents and amendment. blame, for these accidents. In fact, the Na- losses of life. Oh, they said, we can tional Transportation Safety Board listed I thank so much Captain Michael stand X number of accidents a year, no preventing fatigue related accidents as their problem, because we have insurance. It Karn, president of the Coalition of Air- number one most wanted improvement in will not affect us. But, gee, it will cost line Pilots Associations. transportation safety for 2016, citing a 2013 us X number of dollars to fix the prob- You know, I want to say to my col- UPS plane crash in Birmingham, Alabama as an example. lem. leagues who might be listening from When the FAA reauthorization legislation What could be more callous? What their offices: We get on planes all the reaches the Senate floor for debate, we urge could be more cold? It is the same time. We have 100-percent faith in the you to use this opportunity to protect your thing here. It is the companies. pilot. We all do. They have the respon- constituents and all Americans across this Do you know what is fascinating? sibility of getting us to our families country. Please do not wait until faced with The that now operate under safely. Every single pilots association another tragic accident to address this issue. the 9-hour rule—I will put up the chart We cannot continue operating with two is saying to us: Fix this carve-out. It is levels of safety and we sincerely hope you that shows the two planes with the dif- dangerous. are able to fix the cargo carve-out once and ferent times. The airlines that now fly Any of us could be on a passenger for all. We urge your support for the Safe their pilots up to 9 hours a day, com- Skies Act and Senator Klobuchar’s amend- pared to the cargo plane owners who plane just doing great with the rested ment to the FAA reauthorization bill. permit their pilots to work up to 16 pilot, and somehow a cargo plane Thank you for your time and consideration hours a day, they—the airline industry crashes into us because that pilot had on this important aviation safety issue. is doing great. They never said word 5 hours of sleep. Sincerely, Captain D. MICHAEL KARN, one of a problem. They had rested pi- So we have all of these letters from President. lots, they had happier crews, and they the Independent Pilots Association, the are doing fine. So why is it that we get Allied Pilots Association, the Inter- APRIL 8, 2016. letters from the corporations that fly national Brothers of Teamsters, Team- Hon. JOHN THUNE, these planes—God forbid we should tell sters Local 1224, Teamsters Local 357. Chairman, Committee on Commerce, Science & them to give their pilots rest. They are all saying the same thing: We Transportation, U.S. Senate, Washington, DC. I want to tell you who is on our side. cannot do our job if we are not all held The Pilot Associa- Hon. BILL NELSON, to the same safety standard. A tired Ranking Member, Committee on Commerce, tion—this thrills me—just sent us a and fatigued pilot is a danger to every- Science & Transportation, U.S. Senate, letter: one. Don’t let another tragedy be the Washington, DC. On behalf of the more than 8,000 pilots— reason for action. DEAR CHAIRMAN THUNE AND RANKING MEM- This is actually to Senator THUNE— BER NELSON: We the undersigned unions rep- Mr. President, I ask unanimous con- I urge you to include Senator Barbara resenting more than 30,000 pilots across the sent to have printed in the RECORD two Boxer’s Safe Skies Act in the FAA reauthor- United States urge you to include Senator ization. letters I have referred to. Barbara Boxer’s Safe Skies Act in the 2016 FAA Reauthorization currently before the They say: There being no objection, the mate- full Senate. It fixes a huge safety gap that exists in our rial was ordered to be printed in the Senator Boxer’s bill, S.A. 3489, fixes a huge air transportation today. RECORD, as follows: safety gap in our air transportation system

VerDate Sep 11 2014 03:54 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.019 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1997 today. After the Colgan Air crash in 2009, bring to the Senator’s attention that I IRAN Congress took action to prevent future trag- am very hopeful that we are getting an Mr. PERDUE. Mr. President, I rise edies mandating that the Department of agreement that there will be a vote on today to speak about an issue that we Transportation issue science-based regula- too often forget about here after the tions addressing pilot fatigue in our nation’s the Senator’s amendment and some airlines. After substantial research and re- other amendments. I thought the Sen- fact. We move on to the next topic of view of undisputed scientific evidence on ator would be happy to hear the news the day. But it was just 1 year ago, on sleep cycles and fatigue, the draft rules cre- that it looks as if we are coming to an April 2, that actually marked the ated a new set of requirements related to agreement where there will be a vote framework for the Joint Comprehen- duty and rest time for all pilots. on the Senator’s amendment. sive Plan of Action, the President’s nu- Ignoring these irrefutable facts and the Mrs. BOXER. Well, if I could respond clear deal with Iran. That was the day recommendations from safety experts, the it was announced. We were promised by White House Office of Information and Regu- through the Chair, the words of my col- latory Affairs removed all references to league are very hopeful. I just hope it this administration at all levels that cargo airlines from the final rules suggesting is not tied to some poison pills that this nuclear agreement would make that a cost of imposing this safety regula- other people have a problem with. You the world a safer place. I have traveled tion did not outweigh the benefits to the never know around here what is going the world quite a bit in the last year. I public. Or more simply stated, preventing to happen. In my view—and I know the just got back from another trip to the the death of two pilots and the loss of some Senator shares it because I know his Middle East. I believe the world pos- cargo does not exceed the cost to a corpora- sibly is more dangerous right now than tion to change their pilots’ schedules. passion is with me on this—the fact is, As pilots, safety is our number one focus. this should be an up-or-down vote. It at any time in my lifetime. Rather than argue and dispute the details of should not be related to other things. Unfortunately, the message that the the process that created the cargo carve-out, It is the No. 1 safety issue of the NTSB. world is safer did not resonate with we are more interested in fixing the problem. My friend from Florida is like a Iran. The world was given a false prom- When we are behind the controls of an air- ise that this nuclear deal would serve plane trying to get from point A to point B, brother to me, and we counsel each other on issues on which we have some as a catalyst for change and a modera- we do not think about the costs or the bene- tion within Iran. We have seen change, fits of what we do in the cockpit. Our work expertise. I know he is in there fighting before, during and after our flights is 100% to get a vote. I am so grateful to him. but it has only been for the worse. Iran focused ensuring safety. Our lives depend on I have added a whole bunch of support is both enriched and emboldened by it, the lives of those on our planes depend on for this. this dangerous deal. The President’s it and certainly the lives of those who see us I will close at this point because I deal provided Iran with over an esti- flying overhead depend on our commitment mated $100 billion, approximately, to safety. think my friend has given me some hope. I am going to close reading the windfall. We cannot do our job if we are not all held The Secretary said just this January to the same safety standards. A tired and fa- recording. I don’t know—I ask Senator that Iran ‘‘had massive needs within tigued pilot is a danger to everyone in their NELSON, did you ever hear this? I want their country and we, the U.S., will be path. Please do not let another tragedy be to make sure you did. This will take able to track where this money is the reason for action. This is your chance to just a moment. This is from the ex- fix the cargo carve-out and ensure safe skies going, what is happening with it.’’ But cerpt from the flight deck before a in this nation. instead of focusing these funds inward, plane went down: Sincerely, as we were assured, on improving the Pilot 1: I mean, I don’t get that. You Captain KEITH WILSON, lives of their people, Iran has chosen to know, it should be one level for every- President, Allied Pilots use the money to bolster its conven- Association. body. tional forces and cyber capabilities, to Captain ROBERT TRAVIS, These are words from the grave. strengthen its proxies, to crack down President, Inde- Pilot 2: It makes no sense at all. on its own people, and to further desta- pendent Pilots Asso- Pilot 1: No, it doesn’t. bilize the region. ciation. Pilot 2: To be honest, it should be Captain DAVID BOURNE, Iran has test-launched four ballistic Director, Airline Divi- across the board. To be honest, in my missiles since the nuclear deal was an- sion, International opinion, whether you are flying pas- nounced. Most recently, these missiles Brotherhood of sengers or cargo, if you are flying this were launched with the words ‘‘Death Teamsters. time of day, you know fatigue is defi- to Israel’’ emblazoned on their side. Captain DANIEL WELLS, nitely— The most recently launched missiles President, Teamsters Pilot 1: Yeah, yeah. were more advanced, by the way, preci- Local 1224. Pilot 2: When my alarm went off, I Captain JAMES CLARK, sion-guided and more sophisticated. mean, I’m thinking I’m so tired. Iran has the largest inventory of bal- President, Teamsters Pilot 1: I know. Local 357. listic missiles in the Middle East capa- Now, when this happened, I thought ble of delivering weapons of mass de- Mrs. BOXER. I know people are say- for sure that our administration would ing: BARBARA, why are you being so struction. They continue in developing take care of this and change that rule. tough and not letting us vote on other space-launch vehicles as well that are a They didn’t. That is why we are here. things? transparent guise for seeking longer I have to say this: If we don’t use this I wanted everyone to know this: range missile capability. occasion to fix a problem that is listed Sometimes it is hard to look at some- Iran humiliated and detained at gun- as the No. 1 safety issue by the NTSB, thing like this, but it is harder to look point U.S. Navy sailors, in violation of and we can do it in 2 minutes—I have at the final result of what happened international law. spoken my piece. You know, one of my from fatigue. This is what happened According to American officials, Iran staffers said she explained to her 6- within minutes of that conversation. is using cyber espionage and cyber at- year-old child what the issue is because People could not function. Captain tacks as a tool of influence with Ira- he is always interested in what she is Sullenberger said it well: Fatigue is a nian hackers, breaking into email and working on. She said: Jacob, the fact killer. social media accounts of employees of is, the planes are the same size, and the We could fix it here today. We fixed our very own State Department who man who is flying this one and the lady it—Olympia Snowe and I—years ago for worked on Iran-related issues. flying this one get different hours of passenger aircraft. We need to fix it for Iran used American hostages for stra- rest. cargo pilots. They deserve our support tegic and economic leverage from this I see that my friend from Florida, the and the support of people who rely on administration, only turning over in- great ranking member of the Com- them—all of us—because they share nocent Americans when the adminis- merce Committee, might want to ask a the sky with the passenger aircraft. We tration freed 7 Iranian sanctions viola- question. need to fix this. tors and dismissed charges on 14 other Mr. NELSON. Will the Senator yield? I thank the Senator from Florida. Iranians, including 2 men who helped Mrs. BOXER. Yes, I will. I yield the floor. transfer soldiers and weapons to the Mr. NELSON. Mr. President, I thank The PRESIDING OFFICER (Mr. Assad regime and to the terror group the Senator for yielding. I just want to SCOTT). The Senator from Georgia. Hezbollah.

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The No. route from Iran to Yemen in support of was sanctioned for this transaction. 1 answer by these heads of State was the Houthis. This shipment included The technology arrived in Iran by boat universal: America needs to lead again. about 1,500 Kalashnikov rifles, 200 or by plane. Yet no shipping line or air- We have created these power vacu- rocket-propelled grenade launchers, line or any logistics firm was included ums. It is time now to close this one and 21 .50-caliber machine guns. That in the sanctions. with Iran. would be bad enough if it were the only We need to codify sectoral sanctions Mr. President, I suggest the absence one, but this is the fourth such seizure on Iran for ballistic missiles and im- of a quorum. in the region just since September of pose tougher standards for mandatory The PRESIDING OFFICER. The last year. I think it is very clear what sanctions, including acquisition or de- clerk will call the roll. Iranian intentions are with regard to velopment of ballistic missiles as ac- The legislative clerk proceeded to the rebels in Yemen and also to the tivity requiring sanctions. We need to call the roll. terrorists of Hezbollah, Hamas, and show Iran we are serious about stop- Mr. BLUMENTHAL. Mr. President, I others in the region. ping their continued support of ter- ask unanimous consent that the order According to the State Department, rorism and human rights violations. for the quorum call be rescinded. Iran continues to be the world’s lead- We should impose stricter sanctions on The PRESIDING OFFICER. Without ing state sponsor of terrorism. That is the Iran Revolutionary Guard Corps for objection, it is so ordered. our own State Department. In its quest their support of terrorism. We need to WELCOMING TEAM 26 FROM NEWTOWN, to dominate the Middle East and expel freeze assets owned by the IRGC, its CONNECTICUT American influence, Iran has exploited members, and its affiliates. We should Mr. BLUMENTHAL. Mr. President, terrorism as a tool of statecraft to op- codify Executive Order 13599 which pro- the Senate has remarkable, even magic pose U.S. interests and objectives in hibits Iran’s direct and indirect access moments. Yesterday was one such time Iraq, Bahrain, Lebanon, and Pales- for my colleague from Connecticut and tinian territories. Iran continues to to the U.S. financial system. We need to improve new sanctions against Iran me. Senator MURPHY and I had the spend an estimated $6 billion a year in great honor and privilege to again wel- support of Bashar al-Assad in Syria as a money-laundering entity for ter- rorist groups and for its human rights come Team 26 from Newtown, CT, at and millions of dollars and materiel to the end of a truly extraordinary jour- Hezbollah and Hamas. abuses. ney—their fourth bike ride from New- On a recent trip to the Middle East We need to reauthorize the Iran sanc- town—to commemorate and remember just a few weeks ago, I heard these con- tions act. This vital legislation, which cerns from our friends and allies in the is one of the most important linchpins the 26 beautiful children and educators region firsthand. Iran’s domestic re- in U.S. sanctions architecture on Iran, who were killed at Sandy Hook Ele- pression has also gotten worse. The is due to expire at the end of this very mentary School. This incredibly searing and horrific crackdown on dissent is at its worst year. Without the authorization of since the 2009 Green Movement, accord- ISA, the Iran sanctions act, the threat moment in the life of our State in De- ing to the NGOs. Iran continues to im- of snapback for Iranian violations of cember of 2012 was marked by their prison those who disagree with the the nuclear deal doesn’t carry much first journey 3 years ago. This one was mullahs and imprisons those who are weight. We need to have these sanc- their fourth ride through rough roads at odds with the regime. Executions tions reauthorized so we can use them and tough traffic, and snow and rain are at their highest level since 1989. swiftly in the event of any future Ira- across the Northeast as they pedaled— Further, the regime disqualified thou- nian violation. President Obama has literally pedaled—to Washington, DC, sands of reformist candidates in its re- already admitted that Iran has vio- from Newtown. cently held parliamentary elections. lated the spirit of the nuclear agree- We said goodbye to them on Satur- When you look at the facts, it is ment. day morning in some pretty cold clear the Middle East, and I would Finally, we must ensure that Israel is weather. I was there. They braved some argue the world, is potentially worse able to maintain its qualitative mili- fierce storms to be here, but the mem- off since the signing of the President’s tary edge—this is a standard that we ory they carried with them and the re- nuclear deal. What are we doing about have upheld for many years—and equip solve and resilience they showed truly it? I think that is the question the our gulf allies against increased Ira- epitomizes the spirit of Sandy Hook American people should keep their nian aggression from proxies. and its wonderful people who not only eyes on. According to Secretary Kerry, Iran’s behavior over the past year survived that unspeakable tragedy of ‘‘Iran deserves the benefits of this has proven they are not worthy of the December 2012 but also showed Amer- agreement that they struck.’’ trust bestowed upon them by this ad- ica a lesson with acts of kindness, un- Despite the four ballistic missile ministration. While the administration ceasing advocacy, resilience, resolve, launches, the administration will not refuses to admit reality, Congress must and—most importantly—a message of call them a violation of U.N. Security hold Iran’s feet to the fire to get a peace, love, and hope. Council resolution 2231. This is the res- stronger U.S. policy toward Iran. We I wear still on my wrist a bracelet I olution that includes the nuclear deal, cannot afford to give this rogue regime received then. Its lettering is worn out, arms embargo, and ballistic missile the benefit of the doubt any longer. so it is no longer readable, but it is prohibitions. Just last week, Ambas- Iran refuses to be an honest actor. It that same message of hope, peace, and sador Shannon, the Under Secretary of is clear from Iranian actions, just since love they brought with them as they State for Political Affairs, told the the nuclear deal was announced, that traveled here. Foreign Relations Committee that he they have not changed their behavior Today a number of them came to the believes these ballistic missile tests on missile testing, human rights viola- Capitol. I was proud to greet them with ‘‘violated the intent’’ of the U.N. Secu- tions, or support for terrorism. Our their leader, Monte Frank, who orga- rity Council resolution but would not policies must change to reflect the nized that first ride. He is responsible call it a violation. I am troubled by dangerous reality. for the extraordinary leadership in that. Iran’s ever-increasing support for The Obama administration should keeping that together and keeping terrorism and instability is going es- work with Congress to strengthen our them going over those rough roads. sentially unchecked. This is no way to sanctions, reauthorize the Iran sanc- With us at the Capitol today were handle a rogue regime. Instead, we tions act, and stand up to Iran’s total Peter Olsen, Andrea Myers, Drew need to take a tougher stance on Iran disregard for international restrictions Cunningham, and Ken Eisner. They are now that we see their intentions and the original intent of this nuclear among the 26 riders who came to Wash- postdeal. deal. ington yesterday, met with us outside

VerDate Sep 11 2014 01:16 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.022 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1999 the House of Representatives, then would continue to honor their lost loved It strikes me that there are similar- went to the White House and met with ones. We made the same promise to the ities between this ride and the chal- officials there—including Valerie many victims’ families we have met since lenges ahead of us. Every tough ride is then in Baltimore; Bridgeport, Conn.; Har- Jarrett—and eventually with the Vice lem, N.Y.; and the District of Columbia. a long stretch of both peaks and val- President of the United States, Mr. While we established Team 26 for Sandy leys. The challenge is knowing there is BIDEN. Hook, Team 26 could just as easily be named another hill coming before you and not The members of Team 26 chose to for the victims of gun violence in Chicago on giving up, knowing that at the end of ride to Washington, DC, not only for a given weekend. In fact, gun violence is so that long ride, there is reward. their personal reasons but to deliver a prevalent that we could be called Team 26,000 When we talk about the scope of our petition with a very clear message that and that number would fall short of the fight to change the laws of this coun- guns have no place on campuses. They number of gun deaths each year in America. try to try to put a dent in this epi- have no place on school grounds. They I have with me the petition they demic of gun violence, we have to view have no safety reason to be there. In brought here, but more important, I our journey the same way. There are fact, they aggravate the danger of fire- am here to tell my colleagues we must going to be peaks and there are going arms and other kinds of peril on school act. We must cease our complicity in to be valleys. There will be moments of property. They also ride on behalf of this body. If tens of thousands of peo- triumph where we change the laws for commonsense, sensible measures that ple in this country were infected with the better, where we see progress, as can be achieved—and we have an obli- Ebola or the Zika virus or the flu, we have in Connecticut, where a new gation to achieve. That is what they there would be drastic and urgent ac- State law has resulted in a 40-percent said to us as we met with them in front tion to meet that public health crisis. diminution in the number of gun homi- of the Capitol yesterday. The epidemic of gun violence in this cides. Then there are the valleys—mo- Their message was that we can save country is no less a public health cri- ments like we had here in early 2013, lives, that we can work together. We sis. It is equally an epidemic, and it where despite 90 percent of Americans can get things done across the aisle, on can be stopped. It must be stopped. supporting the idea that you should a bipartisan basis, to do what 90 per- I want to close with the words of prove you are not a criminal before you cent of the American people want, Dennis Niez of Bethlehem, CT. Dennis buy a gun, we weren’t able to pass that which are universal background checks rode here with Team 26 and wrote the law because of a filibuster here. Every to keep guns out of the hands of dan- following, entitled ‘‘Why I Ride.’’ great change is defined not only by gerous people and criminals, making I ride for the kids who will never know the failures but by peaks and valleys, as sure gun trafficking is a Federal crime joy of riding a bike, the feeling of freedom, the visits of their best friends to their house. was their ride. I join Senator and that straw purchases are against All of it taken away in a split second with a BLUMENTHAL in thanking them for fo- Federal law, ensuring that fewer guns firearm left loaded in the same house where cusing on this particular issue of guns get into the hands of dangerous people, they’re supposed to feel safe. on campuses. particularly domestic abusers. When I ride because the same people who have It is up to every individual as to domestic abuse is combined with a gun serious mental health issues are able to pur- whether they choose to buy a firearm, in the home, death is five times as chase deadly firearms without a background but they should make that decision im- check because of a loophole. likely. I ride because the same people who have a bued by the facts. And the facts are This message ought to also include temporary restraining order because of do- pretty clear that if you have a firearm limiting the use of high-capacity mag- mestic violence are sometimes able to keep a in your home, it is much more likely to azines that can prevent all kinds of ter- deadly firearm. be used to kill you or to kill a family rible rampages with assault weapons I ride so our elected officials, regardless of member than it is to kill an intruder, that have become all too prevalent in affiliation, will feel shame when they look at to kill someone trying to do harm to this country. Providing protection themselves for not doing enough to keep guns away from people who should not have you. when temporary restraining orders are them. Nancy Lanza had guns in the home issued in domestic violence cases can I ride because kids in the U.S. are nine for a variety of reasons, but one of the help some of the most vulnerable mem- times more likely to die from a gunshot than reasons, apparently, was that as a sin- bers of our society, victims of domestic in any other western country. gle parent, she wanted firearms for pro- abuse, at a time when they need it I ride because Dawn Hochsprung was my tection. Of course, her guns were used most, and making sure the gun-manu- kid’s principal in Bethlehem, CT, someone to kill her and then 20 small first grad- they will always remember. She was a friend facturing industry is not given an ex- to all the kids. ers and their teachers. Similarly, on emption from liability that every other I ride because doing nothing won’t make campuses, the data tells us that in industry has to defend against when it the problems go away. areas that have more guns, you are breaks the law. PLCCA ought to be re- On that beautiful, sunny day yester- more likely to have higher rates of gun pealed, and I have introduced legisla- day, as remarkable and magic a time homicides. This fiction that if you just tion that would do it. as it was, I thought of all those Sun- arm all the good guys, they will kill all This problem of gun violence affects filled days that those 20 beautiful chil- the bad guys is not actually how it all of us—not just through the mass dren and 6 great educators will never plays out in real life. shootings and massacres that occurred, have and that others also will be de- So I thank them for bringing these such as Sandy Hook, but 30,000 deaths prived of having because Congress is petitions here to shed focus on this every year. Many of them are suicides, failing to act. We must act, and I hope movement to make sure we don’t have preventable, senseless, and avoidable if we will act and carry with us in our students walking around campuses we take action to tackle the problem of hearts always the message of Team 26. with concealed weapons. That doesn’t gun violence in this country. That is I am proud to yield to my colleague make for a safer campus environment. the message of the riders who braved and partner in this effort, Senator Lastly because I know others want to those storms, who traveled those rough CHRIS MURPHY of Connecticut. speak, I want to talk about two things roads, and reminds us that Congress The PRESIDING OFFICER. The Sen- that struck me from our meeting at has been complicit in these deaths by ator from Connecticut. the White House at the end of the day its failure to act. Congress is complicit Mr. MURPHY. Mr. President, I thank yesterday. The first was when all the in gun violence and its deadly toll in very much my colleague Senator riders on Team 26 got to tell their sto- this country. BLUMENTHAL. I want to associate my- ries about why they decided to join Monte Frank is a Sandy Hook resi- self with all the remarks of my col- this ride. Many of them, frankly, were dent who was one of the founders and league from Connecticut. doing it for deep love and affection for leaders of Team 26. He rode here again Let me congratulate the riders from Monte Frank, but they all shared a this year and has ridden every year. I Team 26 for making it through such in- common cause with him. Around that am proud he is a friend. He recently clement weather, making it through table were individuals who had suffered wrote: such a challenging ride to bring these gun violence in their immediate fam- Team 26 will ride again because we prom- messages to the Halls of Congress and ily. One woman’s son committed sui- ised the families in Sandy Hook that we to the White House. cide shortly after the murders in Sandy

VerDate Sep 11 2014 03:54 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.023 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2000 CONGRESSIONAL RECORD — SENATE April 13, 2016 Hook. Another husband and wife lost I know the Senator from Connecticut improve the background check system close friends in a mass shooting. But and I have different views on the Sec- for people who are adjudicated men- many of the individuals who were there ond Amendment, and that may be be- tally ill, such as the shooter at Vir- were simply there because they had cause there are different views around ginia Tech. This was a failure of the children who were in school, and they the country based on our experiences current system, where the Virginia law knew that there but by the grace of and the culture in which we were did not require that this mental health God, it could be their child. raised. I realize that in urban areas, adjudication be uploaded into the I have a first grader I drop off every particularly in the Northeast, the idea background check system and then morning at school, and I know there is of people being raised around guns as a this terrible tragedy occurred. nothing different about my child’s sort of way of life for recreation and There are things we can do to im- school than Sandy Hook Elementary self-defense and the like is just not prove the current background check School. And I think about Nicole their experience, but in other parts of system. There are things we can do to Hockley almost every morning when I the country—where the Presiding Offi- arm parents and families with new drop off my 7-year-old. She said she cer lives and where I live—it is, and tools to help their mentally ill loved never imagined that it would be her, people feel very strongly about their ones and maybe, just maybe, change and she doesn’t know why more par- rights under the Second Amendment. the course of some of these incidents of ents don’t step up and try to do some- There is a common ground here, and mass violence, which are a terrible thing about this before it is their child. the Senator from Connecticut and I tragedy. So I make that offer. The second thing I was struck by was have talked about this, and that has to I know the Senator is not ready to their experience along the road. They do with the mental health issue, where cosponsor my legislation as currently noted that in over 4 years, they haven’t I hope we can find that consensus be- written, but I would invite him to take run into anybody who has disagreed cause as long as we are talking past a copy of it, mark through in a pencil with their mission or who has given each other, we are never going to re- the things he doesn’t like and can’t them a hard time about their advo- solve any of these issues, and I do live with and give me what he can live cacy. And that is really not surprising think there is some common ground. In with, and then we can perhaps begin given the fact there is broad consensus the end, a gun is an inanimate object. that conversation. among the American public as to what The fact is, if we continue to ignore the I thank the Senator for listening. we should do. fact that mental illness is very often a BANKRUPTCY, NOT BAILOUTS BILL There really is no disagreement in factor in acts of gun violence, I think Mr. President, I came to speak on the any of our States—regardless of geog- we are going to continue to talk past FAA bill, the Federal Aviation Admin- raphy, race, or political ideology—on each other. istration reauthorization bill, but I whether we should make sure that As the Senator and I have discussed, first want to commend our colleagues criminals don’t buy guns, make sure I actually have a bill that I have intro- in the House for passing some impor- that people who have a serious mental duced—the safer cities and mental tant legislation yesterday called the illness can’t get their hands on fire- health reform bill—which includes a ‘‘Bankruptcy, Not Bailouts’’ bill—a bill arms. This appears to be controversial provision allowing people like Adam that will put to rest once and for all and politically toxic, the way we talk Lanza’s mother to go to court and get the concept that it is somehow the tax- about it, but the way it is talked about a civil court order that would mandate payers’ responsibility to bail out finan- on the Main Streets that Team 26 rode that Adam Lanza take his prescribed cial institutions when they fail, put- down, it is not controversial at all. It anti-psychotic drugs. ting our financial system in jeopardy. is a settled issue: Criminals shouldn’t I don’t know in this instance if it Of course, the idea of too big to fail buy guns. And there is no justification, would have changed the course of was an unfair and, I think, an erro- in most Americans’ minds, for a Fed- events, but I do know it would have neous concept made part of the law in eral law that today, on average, allows given Adam Lanza’s mother—whom he the Dodd-Frank legislation that for four of six guns to be sold without murdered, and he stole her guns and prioritizes large financial institutions a criminal background check. They then killed these poor, innocent chil- over the needs of American families. want the law changed. We shouldn’t dren at Sandy Hook—an additional We need to do everything we can to pretend this issue is politically con- tool and may have just possibly avert- protect taxpayers from having been troversial. It might be amidst lobbying ed the tragedy. called upon to bail out banks. We need circles in Washington, but it is not in I know there are many families in to let banks go bankrupt and use exist- the communities Team 26 rode America today who would welcome ad- ing laws to restructure their debt and through, and they can tell you that be- ditional tools by which they could then then to get back on track. So this is cause they were cheered everywhere help loved ones become compliant with actually a very important step in the they went. their doctors’ orders to take their right direction. It is no small feat to organize this medication and become productive peo- I commend Chairman HENSARLING in ride. It makes a difference in the com- ple. the House of Representatives for pass- munities in which they do events, the There is a gentleman named Pete ing this important piece of legislation. communities through which they ride, Earley whom I know the Senator It is similar to legislation that I have and it will ultimately make a dif- knows and who has testified here often. introduced here in the Senate with ference here. Every great movement He is a journalist, but he wrote a book Senator TOOMEY, the junior Senator for change is a long journey made called ‘‘Crazy.’’ It is a book about his from Pennsylvania, and I hope we can worthwhile at the end when, after you son’s experience, who had mental ill- move forward soon. have ridden up lots of hills and down ness. It is not about his son. The title I have one other interjection on the into valleys, you end up at the finish is not for his son. It is about the so- whole idea of bankruptcy versus bail- line. called system that fails people like outs. I read in the press and I hear I thank Team 26 for their work. Pete Earley’s son because it doesn’t from some of our colleagues in the I yield the floor. provide the options they need in order House that they think the bankruptcy The PRESIDING OFFICER. The Sen- to deal with their mental illness. laws are somehow a bailout. It is the ator from Texas. So I do think there are ways we can antithesis of a bailout. It is the oppo- Mr. CORNYN. Mr. President, while work together, but as long as we just site of a bailout because what it does is my friend from Connecticut is on the keep making speeches to our respective it authorizes a court of law under es- floor, let me say that I have been here constituents back home, we are never tablished rules and laws to restructure long enough now to realize it is hard to going to do that. the debt of the bankrupt person or change things with just a speech. In- I know we are working on the mental business. In doing so, it allows them to deed, it is hard to change things by health issue now, and I would just say get it behind them and then to get on just voting up or down on bills. The to my colleague: I am more than happy and continue to live a productive life way we actually solve problems is by to try to find some common ground on as an individual or to deal with a pro- trying to find consensus. this issue because I do think we need to ductive business if you are a business.

VerDate Sep 11 2014 01:55 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.025 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2001 But the idea that somehow taking need to pay more, what we need to do as well as Iran’s proxies, as the regime advantage of the bankruptcy laws is a is become more creative. That is why continues unabated to undercut the in- taxpayer bailout is flat wrong. I hope public-private partnerships are impor- terests of the United States and our al- our colleagues in the House have the tant. lies in the Middle East, such as Israel. courage, particularly as we look at the Local communities are willing to Unfortunately, today Mahan Air is Puerto Rico situation, to realize that join in a partnership with the Federal working to expand its international op- at some point, unless we act in the Government to deal with these critical erations now that the Obama adminis- House and the Senate to deal with the infrastructure needs at land, air, and tration has lifted sanctions as part of impending crisis in Puerto Rico, unless sea ports, and that is what this amend- the misguided Iran nuclear deal. we act in advance of that crisis, we are ment would do. Mahan Air is expanding its oper- going to be presented with an emer- We have already seen in my State ations and adding more international gency situation, and we are going to be time and again how important these airports to its flight patterns, includ- asked to bail out Puerto Rico using partnerships can be to help reduce wait ing several in Europe in an effort to in- taxpayer dollars, and I want none of times at ports of entry—at the land- crease its bottom line. Mahan Air’s un- that. based ports of entry such as Laredo, fettered support of terrorism in the I think all of us who were here during which is the largest land-based port of worst aspects of the Iranian regime the financial crisis in 2008 would say entry in the United States. If you have should give us all pause. I am con- the same thing: We want none of that. ever been there, you have seen the cerned about the security risks of So let’s do our work, whether it is end- trucks stacked up coming from Mexico. Americans who fly in and out of the ing too big to fail for large financial in- There is important trade that goes on same airports serviced by a Mahan Air stitutions or dealing with the impend- between our two countries that sup- aircraft. ing bankruptcy and financial crisis in ports 6 million jobs in the United My amendment would require the De- Puerto Rico. States alone. But these public-private partment of Homeland Security to Mr. President, to the topic of the partnerships have been very successful compile and make public a list of air- day, for the past few days we have been in helping to deal with our infrastruc- ports where Mahan Air has recently working on this legislation to reau- ture needs. It is not just about conven- landed. I think the public has a right thorize the Federal Aviation Adminis- ience. It has an economic impact as to know that the airports they are fly- tration. Chairman THUNE of the Com- well. ing into are being used to service an merce Committee and his staff have I mentioned that the 6 million people airline of the Iranian Government used been doing some good work and mak- who benefit because of their jobs de- to export terrorism. It would also re- ing a lot of progress toward completing pend on binational trade between the quire the Department of Homeland Se- the bill. I hope that cooperation con- United States and Mexico. For exam- curity to assess what added security tinues and that we are able to conclude ple, according to one study, each measures are needed. We must protect this legislation tomorrow. minute a truck sits idle at the border our country and our citizens from an This legislation would do some very waiting to come to the United States, airline that is complicit in terrorist ac- important things. It would streamline even though they are legally author- tivity. critical new investments in airport in- ized to come here to bring goods manu- I hope my colleagues will join me in frastructure and aviation safety to pro- factured or produced in Mexico, more supporting this commonsense amend- tect passengers and to help them get than $100 million in economic output is ment to the FAA reauthorization bill where they need to go more efficiently. lost or forfeited. to help shine a light on this bad actor. It would also include the most com- Let me say that again. For every I will close with this. Under new prehensive airline security reforms minute a truck sits at the border be- leadership, the 114th Congress has ac- since President Obama took office. For cause we don’t have the infrastructure tually gotten the Senate back to work example, it strengthens the vetting to process the truck into the United again. It is not just for the benefit of process for airport employees and ad- States, more than $100 million in eco- the majority party. It is not just for dresses a growing number of cyber se- nomic output is lost or forfeited. the benefit of the minority party. It is curity threats facing aviation and air So this amendment would authorize actually for the benefit of the constitu- navigation system. more of these partnerships, which ents we serve, because they are the Most important of all, it puts Amer- would also facilitate staffing and bet- ones who benefit when we can try to ican consumers and safety first. It does ter protect legitimate trade and travel work and find common ground and so without raising taxes or adding fees and keep our economy running smooth- move legislation forward where we can to customers that feel like a tax. You ly and keep jobs being created. I hope find agreement, knowing that there are may call it a fee. But if it costs money, my colleagues will consider this many areas where we will never find it really doesn’t feel any different than amendment and vote to build on the agreement because of fundamental a tax. success of similar programs in the past, principle differences of opinion. But I would also like to point out the both in Texas and across the country. this is another example of an impor- benefits to States like mine, Texas. It I want to mention one last amend- tant piece of legislation that will ben- protects air traffic partnerships that ment, one introduced yesterday, as efit the entire country. It definitely supports dozens of Texas airports and well, that would target the world’s isn’t a partisan piece of legislation. So directly responds to requests that I foremost sponsor of terrorism. That is it is something I am glad we have been have gotten from Texas communities the country of Iran. Mahan Air is able to move forward on, and I look looking for new opportunities to im- Iran’s largest commercial airline, and forward to concluding this legislation prove regional air traffic management it has repeatedly played a role in ex- tomorrow. or expand service in order to meet de- porting Iran’s terrorism. It is time we upgrade our air trans- mand—all crucial measures that help We all know Iran as being the No. 1 portation system for the entire coun- Texas communities move people and state sponsor of international ter- try, and it is time to put the safety of goods safely through airports. rorism, and Mahan Air is one of the airline customers first. This bill does I have introduced an amendment to ways they export that terrorism. We that. this legislation with the two Arizona might call Mahan Air ‘‘Terrorist Air- I yield the floor. Senators and the junior Senator from ways.’’ That would perhaps be more The PRESIDING OFFICER. The Sen- Nevada, Mr. HELLER, that would do precise. It not only supports the efforts ator from Wyoming. even more to help our ports of entry by of the Quds Force, a special unit of AMERICA’S COAL INDUSTRY strengthening public-private partner- Iran’s Islamic Revolutionary Guard, Mr. ENZI. Mr. President, I rise today ships at air, land, and sea ports. The but of another Iranian-backed terrorist to talk about something very dear to fact of the matter is that financial re- group, Hezbollah. me and to so many of my fellow Wyo- sources—money—is always in short To put it simply, Mahan Air enables mingites, particularly those in Gil- supply, and rather than always coming the reach of Iranian personnel and lette, WY, where I used to be the back to the taxpayer and saying you weapons throughout the Middle East, mayor. It is the third largest town in

VerDate Sep 11 2014 01:55 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.027 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2002 CONGRESSIONAL RECORD — SENATE April 13, 2016 Wyoming. It has 30,000 people. That when they were talking about some about her house and just wants a job so would be a very small town to the rest similar things. It is still pertinent, but she can keep her house and retire with of the Nation, but here is an effect it is we have to change the tattoo on the a little money in her pocket. having. This administration has made arm to say administration, and the To understand the impact these poli- no secret about its continuous efforts dates need to be changed to 2012, when cies have on not just energy workers to whittle away at America’s coal in- the Environmental Protection Agency but the communities in which they dustry. Well, very sadly, 2 weeks ago issued its final Mercury Air Toxics live, the administration needs to hear those efforts resulted in unprecedented Standard rule. This needs to be about Sarah from Newcastle, which is layoffs, as two of Wyoming’s biggest changed to 2015, when the Department about 70 miles from Gillette and about coal mines let go of 15 percent of their of Interior piled on with its proposed 50 miles from any coal mines. Sarah workforce. My wife and I were heart- stream protection rule and the EPA and her husband started a carpet and broken to see these 456 miners sud- leased its final Clean Power Plan. We flooring store and had been success- denly out of work. need to change this to 2016, when Inte- fully managing it for over three dec- Besides the mines, there are railroad rior froze the Federal Coal Leasing ades. She is sad to see so many in her layoffs because that is how Wyoming Program. If we imagine those changes, community out of work and fearful coal is delivered to the other 40 States this cartoon can explain how we got that the economic downturn will mean in the Nation. Outside of Gillette, where we are today. We are killing the the end of a business she has devoted there are 130 coal engines parked, not golden goose, the producer of low-cost her life to creating. to mention trains. That means 1,200 energy for the United States. The administration needs to hear railroad workers are out of jobs. Let me expand on those issues a bit from Robert, again from Gillette, his Today, Peabody coal announced that further. It is a little hard to under- and my hometown. He recently lost his they are filing chapter 11 bankruptcy. stand with only the titles. In 2012 the job at a smaller coal mine and had to We will see more of that. EPA finalized a standard that required uproot his family to move to another I know the suffering of the 456 people a strict reduction in air emissions from State in order to find work. He knows and the 1,200 railroad people suddenly electric-generating units. It was known that out West the media markets are out of work may not sound so bad in as the Mercury Air Toxics Standards— small and the national news will never places such as California or New York, or MATS—rule, and like many of the cover the heartbreaking stories of his but in Wyoming, whole communities rules from the EPA, the cost of this colleagues and neighbors in this coal feel that kind of impact. Folks I talked regulation was immense and the bene- market. Robert needs to know that to in Wyoming are depressed and fits were limited, even if the benefits maybe the media won’t cover his fam- angry, and it is because the energy in- are calculated over a much longer pe- ily’s story, but I won’t forget about dustries they support and rely upon riod of time than the costs. The EPA him, and I won’t stop fighting the bad have for too long been the target of bad estimated that the rule would create policies this administration has cre- Federal policies. $500,000 to $6 million in benefits related ated. People have been mining coal in Wy- to this mercury reduction. It would America has the resources, America oming since the mid-1800s, but it cost—remember that this is $500,000 to has the manpower, and America has wasn’t until the 1970s that the industry $6 million in benefits—nearly $10 bil- the reserves to provide the energy we really took off. The Clean Air Act of lion annually to implement the rule. need for a strong economy and a 1970 implemented the original restric- Luckily the Supreme Court rejected healthy environment. Nobody knows tions on sulfur dioxide emissions, and, the MATS rule last year, stating that that better than the folks in Wyoming, suddenly, the low sulfur content, the the EPA should have considered costs where people for generations have clean coal from Wyoming’s Powder before setting out to regulate mercury made a good living extracting energy River Basin was in high demand. Wyo- from fossil-fuel fired power plants. But from the same lands on which they ming went from producing just under 2 the administration wasn’t deterred. love to hunt, fish, hike, and camp. Peo- percent of our Nation’s coal in the late Last year Congress disapproved of both ple are dedicated stewards of the land 1960s to producing 9 percent by the end the Stream Protection Rule and the and want their children and grand- of the 1970s. That number rose to 31 Clean Power Plan—disastrous rules children to enjoy it in the same way. percent by the end of the 1990s. aimed at eliminating the extraction That is why Wyoming coal mines are By the end of 2014, 39 percent of the and use of low-cost energy—by using recognized year after year for their Nation’s electricity was generated by the Congressional Review Act. We did outstanding reclamation efforts. You coal, according to the Energy Informa- so with bipartisan support. Yet the can see that in this photo of the beau- tion Administration, and 40 percent of President did not listen and instead tiful land in Wyoming where a short that coal was generated in Wyoming. chose to veto those bills. time before a coal mine existed. That year, Wyoming’s 20 mines di- I believe U.S. Presidents should first On occasion, I take people out to rectly employed over 6,500 workers who and foremost seek to help the citizens view the coal mines, and usually, as we earn an average salary of nearly of the United States, and that means get close to the coal mine, they say: $84,000—almost twice the statewide av- the President must have a deep under- Oh, don’t let them tear up that land erage. The industry indirectly employs standing of the people and the chal- over there. It is beautiful. tens of thousands more contractors in lenges they face. President Obama and We have to explain to them: That is jobs that support the coal industry. others in his administration—and some where the mine used to be; this is The coal industry paid over $1.14 bil- seeking to replace him—have dem- where it is headed. lion to Wyoming in taxes, royalties, onstrated how woefully little they un- They say: Oh. If you can change that and other revenue in 2014. That is derstand about coal, the jobs that are into this, do it. money that was used for schools, roads, related to coal, the people who produce There are some difficulties with re- and community colleges across the it, and even the people who use it. placing it like this. This hill had to be State. Those are all in jeopardy. Many folks in Wyoming who produce exactly the same as it was before the With all of this affordable energy, and use coal have reached out to me, coal was removed. If there are stones in with all of these well-paying jobs, how and I want this administration to hear there, they have to be put back where did Wyoming find itself losing jobs last from them. The administration needs they were before. week? How did Wyoming wind up with to hear from people like Nancy from The ranchers who border on these the fastest growing unemployment rate my hometown in Gillette. She wrote coal mines think, why would anybody in the Nation? Well, I recently ran last week to tell me about losing her move that much dirt and put it back across this 2011 editorial cartoon that I job at a mine where she worked for 9 the way it was? think helps explain how this adminis- years. She is 64 years old, single, and Well, it is the law, and they have tration is bringing down the coal in- takes care of her elderly father. She been following the law and getting phe- dustry. has a house payment—a house she nomenal results. This cartoon was drawn and dedi- worked very hard to keep after going What Wyoming and other States that cated to the Wyoming Legislature through a divorce. Now she is worried produce and rely on fossil fuels need is

VerDate Sep 11 2014 01:55 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.028 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2003 innovative policies that will encourage out of every 5 homes or businesses in the crafted a city expansion plan aimed at new ways to continue to develop and United States. changing the public perception about Gil- use America’s huge reserves of coal, ‘‘It does permeate the whole lifestyle lette. A major component included investing here,’’ she said, from inside Alla Lala Cup- oil, and gas. We are the Saudi Arabia of in infrastructure to support the growing pop- cakes and Sweet Things, Gillette’s first and ulation. coal, and that can displace some of only cupcake shop, which Chapman opened Built on a 19-mile grid, present-day Gil- what Saudi Arabia has been thrusting in the town’s downtown district in 2013. lette is an amalgamation of strip malls on us for decades. One of those options On its face, a specialty store like Chap- newly filled with chain stores like Petco and is carbon sequestration, which Sen- man’s might seem out of place in a town Buffalo Wild Wings. Rows of hotels and mo- ators from both sides of the aisle in that since its founding has been strongly tels advertise weekly rates, and newly con- rooted in producing coal, oil, natural gas and this Chamber have historically sup- structed subdivisions rise out of the hilly methane. landscape. Shiny trucks, boats and campers ported. Using that technology, carbon Located in the heart of the Powder River dioxide emitted from combusting fossil litter driveways. There are two frozen yogurt Basin, Gillette is surrounded by 12 coal shops and two golf courses. fuels can be captured and routed to se- mines, some of the largest in the country, Recent growth has been steady since the cure geological storage, preventing it employing some 5,600 people, according to mid-2000s, which Chapman said has led to from being released into the atmos- 2014 data. In a county just shy of 50,000, the more boutique shops like hers opening down- phere, although plants need that. The mines provide jobs for 1 out of every 10 resi- town. dents. About a decade ago, the city and county carbon dioxide can also be used for en- On a recent March morning, charter buses, began investing a sizable portion of revenues hanced recovery of oil and natural gas similar to the ones that ferry tech workers from the energy sector back into services for to help ensure that America efficiently to the Google and Facebook campuses, head the community. For $53 a month, residents out of Gillette. Yet these buses aren’t filled utilizes these resources. can use the state-of-the-art recreation center When a well is drilled and pumped, with coders and app designers, but with min- ers. Pickup trucks sporting long poles topped featuring a six-lane indoor track and a 42- you get about 25 percent of the oil out foot climbing wall designed to resemble as- of the ground. There is some enhanced with bright orange flags follow suit. The flags are to make sure those operating the pects of the nearby Devils Tower National recovery that has been invented and living room-sized coal trucks don’t acciden- Monument. The Gillette that Chapman grew up in since that time, and they can get about tally engage in an unintentional monster hardly resembles the one that exists today, another 20 percent out of the ground. truck brawl. That means that 55 percent of our On the south side of town at mining parts she said. value is still underground. People are supplier L&H Industrial, a 13,000-square-foot ‘‘Hell, when Applebee’s opened 10 years mural is devoted largely to an image of inky ago, it was like the town wanted to throw a working to invent ways to take care of party, because before then, the only chains that and take care of the energy we are black coal being scooped into a coal truck, a train filled with coal passing by. we had were fast-food restaurants,’’ she said, going to need to be energy inde- Since 1990, the town’s population has dou- laughing. ‘‘And I know that sounds weird, pendent. bled to a little more than 30,000, a respect- but that’s an exciting thing to realize, ‘Hey, Even the White House supports in- able size in a state where pronghorn ante- we’ve gotten to this point they’re going to vestment in research and development lopes outnumber people. But the promise of build an Applebee’s.’ ’’ projects to make carbon capture more plentiful, good-paying jobs has not only REIMAGINING A CITY WITH FEWER PEOPLE accessible, deployable, and affordable. brought people to the self-styled, ‘‘Energy But as the coal industry feels the pinch, I hope my colleagues from any State Capital of the Nation,’’ but also brought tax the city’s investments are being tested. Gil- that uses or produces fossil fuels will revenues and prosperity. lette is losing people as mines make layoffs, join me in supporting policies to en- Wyoming produces 39 percent of the na- supporting service companies shutter their tion’s coal, or about 382 million tons in 2014, doors, and oil and gas production falls, said courage carbon sequestration and the according to the Bureau of Land Manage- use of carbon. There are a number of Wyoming state Sen. Michael Von Flatern ment. Because Gillette is so interconnected (R). About 1,500 people have packed up and uses, and one of those is to get that en- with coal and other fossil energy resources, left in the last year, and he expects another hanced oil recovery. it faces a barrage of assaults, both economic couple of thousand to move on before the Last week was a tough one for Wyo- and regulatory. Production of Wyoming coal summer is out. ming, but I am proud to be from a has declined 14 percent since 2011. Late last ‘‘I expect we’ll lose 10 percent of our popu- State that has always found a way to month, mass layoffs were announced. lation over the next year,’’ he said. Charlene bounce back from any bust. Actually, At the largest mine in the region, Peabody Murdock, executive director of the Campbell Energy Corp.’s North Antelope Rochelle County Chamber of Commerce, embodies the what we have is a leveling out, but it is mine, 235 workers were told not to come to a difficult leveling out because for the interconnectedness of the energy industry work. Arch Coal Inc. cut 230 jobs. The reduc- and business community in Gillette. She first time coal prices, oil prices, and tions represent about 15 percent of each com- spent nearly eight years with the chamber in natural gas prices are all down at the pany’s workforce in the state. the 1990s and then did communications work A boomtown since its founding, Gillette is same time. When you have an economy for energy companies, most recently working acutely aware of the central role that nat- that is building for growth and it levels for four years with Peabody Energy. ural resources, especially coal, have played out, it seems like a dramatic bust. She is generous with her laughter but also in its existence. And yet Gillette seems de- gives off a no-nonsense vibe, and she is quick This is not the end of coal’s chapter termined to survive in a world that is push- to shoot down the word ‘‘bust’’ as a in Wyoming history. I will keep work- ing coal out. It has invested in itself and descriptor for the current situation in Gil- ing to make sure of that. planned for a future where coal is not king. lette, preferring to call it a ‘‘softer economic Mr. President, I ask unanimous con- The question now facing Gillette is wheth- period.’’ sent that an article that just came out er it has done enough: Can this boomtown ‘‘Bust, to me, says something like ‘We weather this bust? today entitled ‘‘The Powder River have no jobs, we have no people, we have no Basin: Creating a new future in Wyo- Shedding a boomtown stigma. Founded in 1892, the city was named after income,’ ’’ Murdock said, noting that Gil- ming’s biggest coal town,’’ which talks railroad surveyor Edward Gillette. Today, lette’s latest ‘‘boom’’ was more like steady about some of the innovative things between 80 and 100 trains speed out of the re- growth for the last 12 years. people are doing and how it will help gion daily, carrying Wyoming coal to more Murdock sees this period as one of ‘‘lev- Gillette, be printed in the RECORD. than 30 states. eling off’’ in Gillette, even a chance for the There being no objection, the mate- In the 1960s, oil development about doubled community to catch its breath. rial was ordered to be printed in the the city’s population from about 3,500 to At the height of the energy boom in the 2007–08, unemployment was less than 2 per- RECORD, as follows: more than 7,000. The rapid population growth spurred violence and crime, so much that cent. Houses were on the market mere hours POWDER RIVER BASIN: CREATING A NEW psychologist Eldean Kohrs in 1974 coined the before being snapped up. FUTURE IN WYOMING’S BIGGEST COAL TOWN term ‘‘Gillette Syndrome’’ to describe the And yes, she said, this downturn might (By E&E reporter, Brittany Patterson, April social problems that accompany a boom- mean the end of some businesses and serv- 13, 2016) town. ices. For example, Gillette might lose one of GILLETTE, WY.—Laura Chapman’s best- With the passage of the Clean Air Act in its frozen yogurt shops. Perhaps, this year, selling cupcake is the ‘‘Coal Seam Over- 1963 and subsequent amendments in the housing development will not occur, she al- load,’’ a decadent chocolate cake topped years after, power plants began turning to lowed. But whether it’s growth or decline, with rich chocolate frosting and dark choco- Powder River Basin coal. Gillette officially she said, those who have made roots in Gil- late toppings. became a coal town. lette are aware that energy commodities It’s a tribute to her home state’s top ex- It wasn’t until the mid-1970s that then- drive the economy and uncertainty isn’t port, a product that eventually is used by 1 mayor and now U.S. Sen. Mike Enzi (R) new.

VerDate Sep 11 2014 04:01 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.029 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2004 CONGRESSIONAL RECORD — SENATE April 13, 2016 ‘‘I really don’t see us not having an energy cut and what programs we may need to cur- is not dependent upon coal and oil and meth- industry in two years’ time,’’ Murdock said. tail until we can feel comfortable that rev- ane,’’ said Chapman, back at the cupcake ‘‘While I think certainly people are appre- enue is back to at least an understandable shop. ‘‘I just feel like there’s a way to do it hensive about what the future looks like, I level,’’ he said. right, a way that lessens the impact on the think they also are resilient, and we’ll see But if it doesn’t come back, there might be people who live and work here and a way that resiliency really pay off for us.’’ a plan B. that lessens the impact on our future.’’ Not everyone is convinced. MEET THE MAN TRYING TO DIVERSIFY GILLETTE For now, Chapman said business is good Greg Cottrell, owner of the Big O Tires in Soft-spoken, with wire-rimmed glasses, and she is content to continue whipping up Gillette, falls into the worried camp. He Phil Christopherson’s current job is engi- cupcakes and baking birthday cakes. Her worked for 14 years in the Cordero Rojo mine neering, but of a different kind than the husband is in the process of opening a whis- when it was owned by Kennecott Energy, and former Boeing employee was trained to do. key barber shop across the street. he said this downturn feels different. As CEO of Energy Capital Economic Devel- ‘‘Of course I’m optimistic,’’ she said laugh- ‘‘We’ve never had a war on coal before opment, his job is to help diversify the city’s ing. ‘‘I opened a cupcake shop, didn’t I?’’ coming from the administration,’’ he said. energy-intensive economy. The two-person Mr. ENZI. If we eliminate coal, it ’We’ve had coal companies since the ’70s. So entity is both publicly and privately funded will force people across the Nation to for 40 years, they’ve been a very big part of and tasked with promoting, retaining and pay more for their energy. this community and the growth and the rea- expanding business in Gillette. Coal has a good base load. It runs all son we have very good schools and hospitals The state-of-the-art sports complex, events the time. It is not like wind. If the and recreation centers for kids.’’ center and other niceties in Gillette were wind doesn’t blow, you don’t have it. It LOOKING FOR A PLAN B part of that calculation, the idea being that they would foster community and help pro- is not like solar. If the sun doesn’t That phrase ‘‘the war on coal’’ isn’t un- shine, you don’t have it. Coal can work common in Wyoming. vide reasons to stay even when times get Many in Gillette feel President Obama’s tough. 24 hours a day, and it is low cost. There environmental policies targeting carbon Expanding the community college is an- has also been more done to clean up emissions have doomed the industry. other form of economic diversification, one coal-burning power plants than any- Concerns abound about a decision earlier that required the city, the county and pri- where else. this year by the Department of the Interior vate industry to step up financially. Inside We invite people to come to Gillette, to pause federal coal leasing for three years the Technical Education Center, part of Gil- WY, and look at the power plants and lette College, students can earn associate’s while the agency conducts a review of the clean air that we have. The only time program. All of the mines near here are part degrees in welding, industrial electricity, mining machine tools and diesel technology. we get regional haze is when the for- of the federal coal program. ests burn in Oregon or Washington and Another fear is U.S. EPA’s Clean Power There’s a popular nursing program, as well. Plan, which which is expected to reduce car- Inside the Peabody Energy Hall, students re- blow into Wyoming and make our bon dioxide emissions from power plants 32 hearse for an upcoming musical perform- mountains disappear. You won’t find percent below 2005 levels by 2030 nationwide. ance. The college is expanding and adding an coal dust around there, either, because Gillette is surrounded by, and in some arena, and more dorms are under construc- people don’t let anything blow away cases part owner of, three coal-fired power tion. that they can sell. plants. Some could be on the chopping block In 2010, the group partnered with the city We hope everyone will come and take to revitalize the downtown shopping district in order for the state to meet its emissions a look at the environment and the cuts under the rule. now home to the cupcake shop, a brewery, boutique clothing stores and a meadery, power plants so you, too, can say: You Some of the worry is tied to Gillette’s deep know, coal is not bad, and America financial dependence on coal. Revenues from among others. Public art adorns the corners the resource are the second-largest cash of South Gillette Avenue. Art is also sprin- needs it. stream for state and local governments in kled throughout town—a lustrous palm tree, I yield the floor. Wyoming. In 2014, the total amounted to a polar bear sculpture and a larger-than-life I suggest the absence of a quorum. $1.14 billion. spider. The PRESIDING OFFICER (Mr. In addition, since 1992, Wyoming has re- ‘‘There’s never not something to do,’’ TOOMEY). The clerk will call the roll. ceived more than $2 billion in coal bonus added Mary Melaragno, director of business The senior assistant legislative clerk bids, which are paid to BLM and the state retention and expansion with Energy Capital proceeded to call the roll. over a five-year period once a lease is issued. Economic Development. The group’s newest endeavor, with help Mr. COATS. Mr. President, I ask The money has been used to fund schools, from a grant from the Wyoming Business unanimous consent that the order for highways and community colleges across the Council, is to purchase office space it could the quorum call be rescinded. state. then rent to new businesses looking to relo- The PRESIDING OFFICER. Without Right now, Cottrell said, companies that cate, like an incubator. objection, it is so ordered. supported the energy industry, especially the In the wake of the historic layoffs, WASTEFUL SPENDING oil industry, have closed shop or aren’t Christopherson sees the role of diversifying spending money, at least not on new tires. Mr. COATS. Mr. President, this is Gillette as even more important. now my 39th edition of ‘‘Waste of the He concedes that the city is different, big- ‘‘It’s interesting,’’ he said. ‘‘You have some ger. people that are quite worried and quite fear- Week.’’ For 39 weeks I have been back ‘‘We don’t have so much of an up-and-down ful, but there’s a segment of the population on the floor when the Senate has been economy now because Gillette is a little that has stepped up.’’ in session to talk about unnecessary, more diversified,’’ he said, but added, ‘‘I Some residents have even started a ‘‘Stay fraudulent, wasted, abusive spending of wouldn’t call it self-sustaining yet, though.’’ Strong Gillette’’ movement, he said. taxpayer dollars. Last month, the Wyoming Department of And why not Gillette, supporters say. The We have run up quite a toll—more Workforce Services reported that Campbell city has the rail and road infrastructure, ac- County had experienced one of the largest than I thought we would—but the more cess to cheap and plentiful electricity and a I dig into this and the more informa- jumps in unemployment across the state. workforce that is used to working hard. From January 2015 to January 2016, unem- Already, one company, Atlas Carbon LLC, tion we get from the agencies that are ployment rose from 3.6 percent to 6 percent. has moved to town with a business plan that looking at how we spend taxpayers’ That was before the huge mine layoffs were includes using coal—in this case manufac- dollars, the more alarmed I have been announced. turing activated carbon (the stuff found in and the public should be and our col- A population exodus means a loss of sales water filters)—but not burning it for energy. leagues should be over how these hard- tax revenue for the city, but a downturn in Christopherson said he hopes it’s enough. the energy sector also affects the tax base earned tax dollars are spent in a wast- He concedes that if the community had ed and abusive way or a fraudulent significantly. Each living room-sized coal prioritized this effort five or 10 years ago, truck, road grader or shovel is purchased by ‘‘we could have helped insulate against some way. So I am going to keep doing this the mines from businesses on the south side of this.’’ to alert my colleagues and alert the of town. Still, he doesn’t see Gillette existing with- American people—in particular, people The city, for its part, has recently re-eval- out coal mining. in my State—that there are ways we uated how it will invest in major capital And he’s not alone. Most people in Gillette can better and more efficiently use projects over the next five years, according don’t believe coal will disappear from their their tax dollars or not require them in to Gillette City Administrator Carter Na- lives anytime soon, if ever. Instead, the con- the first place. pier, but with no way to know if revenues sensus seems to be that the peak of coal pro- from the energy sector might rebound, the duction in Campbell County has come and This week I am focusing on docu- city is facing tough decisions. gone. mented abuse of the Department of Ag- ‘‘The further questions we need to have are ‘‘There is a way to continue Gillette’s eco- riculture’s Supplemental Nutrition As- with regard to what services we may need to nomic success and move us into a future that sistance Program. Most Hoosiers and

VerDate Sep 11 2014 01:55 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.006 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2005 other Americans know this as the Food So they set up a trial program. They Somebody has to accumulate a lot of Stamp Program. The Food Stamp Pro- looked at three States—Massachusetts, these cards to come up with a payment gram has had some ups and downs in Michigan, and Nebraska—and found for two tickets to a Beyonce concert. terms of our support, and there has that more than 7,500 households receiv- Another post on Craig’s List reads: ‘‘I been a lot of bad publicity about the ing these SNAP benefits had suspicious have around $1,300 in food stamps and abuse of this program. I get many let- transactions and were using four or have no need for it at all.’’ I will sell ters and contacts in my office describ- more EBT cards in a year during key this card with $1,300 in credits if you ing standing in the grocery line and times, such as when cards were cred- will send me $300. I guess that raises seeing someone use food stamps not for ited with benefits, and all of a sudden questions about how these cards are milk for their children or cereal or nu- the request came in, saying: I lost my being used, and these are just a few ex- tritious food but for junk food or to- card—and by the way this is the fifth amples. bacco or alcohol. The program is not time or sixth time or whatever. This kind of fraud obviously needs to supposed to be used for that kind of In totaling all of this, the General be addressed. As all of the other 38 thing, but somehow we keep reading Accountability Office said this ac- weeks of ‘‘Waste of the Week’’ I have about potential misuse of what this counted for more than $26 million of put up here continues to accumulate, program is intended to do. suspicious transactions. Now, that was these cards obviously are not being Now, the SNAP program, as it is now just from the three States. These are used—all of them—for those who need called—Supplemental Nutrition Assist- sizable States—Massachusetts, Michi- it and for its intended purpose. It is ance Program, S-N-A-P, the SNAP pro- gan, and Nebraska—but they pale in clear that we ought to be adopting gram—exists to provide low-income in- comparison to say Florida, Texas, Cali- GAO’s methodology of tracking both dividuals with their nutrition needs fornia, and New York. So if it was $26 the number of recipients that receive and food items. It is funded by the Fed- million of suspicious transactions for more and more EBT cards at specific eral Government, and it is adminis- just these three States that were times of the year and those with sus- tered by the States. looked into, imagine what it would be picious transactions, and I think a lot Let me begin by saying I am not here if they checked all 50 States. of this abuse could be eliminated. to do a critique of the program. That is So we did some calculations using So what we are doing today is we are a topic for a different discussion. I am the same proportion of SNAP house- adding another $3.2 billion of waste, here to talk about whether this pro- holds as those identified by GAO as af- and we continue to raise the amounts. gram is being effectively run by the fecting the whole country, and we It is now $162 billion of waste, fraud, States and effectively funded by the came up with roughly $3.2 billion of and abuse. This is going to continue as Federal Government. What we have waste over a 10-year period of time. we alert the American people, inform learned is that—no surprise—as with so That is not small change. A lot of peo- my colleagues in the Senate and the many other Federal programs, there ple work awfully hard to accumulate Congress, and inform the administra- has been gaming and fraudulent use of the kind of money needed to total $3.2 tion that there are ways to better use, the program. There clearly are people billion and then only to see it wasted. and hopefully not even have to request who don’t qualify and are not eligible People said: Maybe these suspicious in the first place, the kind of tax dol- for receiving these food stamp vouchers transactions were legitimate. So we did lars we are paying for a clearly dys- but are nevertheless receiving them a quick search on Craig’s List. Craig’s functional Federal Government pro- through this program. List is this list you go into—I know all gram. The government has become modern of the young pages understand this. We Mr. President, I yield the floor. with the digital age, and instead of old people aren’t necessarily up to I suggest the absence of a quorum. The PRESIDING OFFICER. The food stamps they issue an electronic speed on all of these new electronic clerk will call the roll. benefits transfer card. It is like a debit transactions and processes and so The legislative clerk proceeded to card that people carry in their wallet. forth. I got into it with the help of my call the roll. Money is added to that card electroni- young staff. We got into Craig’s List Mr. HATCH. Mr. President, I ask cally and it can be used at grocery and we found that what was being ad- unanimous consent that the order for stores. People swipe it. Hopefully, it vertised—see, on Craig’s List you put the quorum call be rescinded. works better than Secretary Clinton’s up something that others will want to The PRESIDING OFFICER. Without card worked at the subways of New buy, and it can be anything from a objection, it is so ordered. York. Anyway, you can swipe this card, washing machine to a lawn mower, to a Mr. HATCH. Mr. President, I rise and it will deduct the amount you picture frame or whatever. We found today in support of the FAA reauthor- have, in terms of the cost of the food some people advertising these SNAP ization legislation before us, as well as provided, and it is refreshed on a cards, these EBT cards. For instance, a the managers’ amendment filed yester- monthly basis. mechanic named Marco could—this was day on this key piece of legislation. In looking at the program, the Gen- not MARCO RUBIO, by the way—a me- This is an important bill that will en- eral Accountability Office got some chanic named Marco will accept EBT sure the airport and airway trust fund tips about the fact that a lot of re- cards as payment for auto care, he will remain solvent and that our Na- placement cards were being sent out. said. In other words, if you have a tion’s airway system—and the count- We all leave our license on the counter problem with your car, come over to less jobs that are impacted by the sys- in the kitchen or our credit card and my shop. I will fix it for you, and in- tem—do not have to deal with a fund- we wonder, ‘‘Where is that credit stead of cash, you can give me EBT ing shortfall or a lapse in authoriza- card,’’ and then we need a replacement. cards. So probably that is pretty tion. This happens. We understand that. So tempting. How much to fix my auto- The airport and airway trust fund fi- there is a replacement card program mobile? Thirty-five bucks. I have an nances many of our national aviation available through SNAP. You say you EBT card. It has $33.47 left on it. How programs. Currently, expenditures lost your card and they send you a new about I pay you with that? He says: from the trust fund are authorized one. The problem is that GAO—the OK. I can take that in payment. Then through July 15 of this year. The provi- Government Accountability Office— they apply for a replacement card. sions that ensure adequate funding for learned from the program that a tre- That is probably one of the ways it the trust fund expire at the same time. mendous amount of replacement cards adds up. That means that, absent congressional were going out to people—sometimes Another person advertised two action, national airway programs and over four. Then, they say: Wait a Beyonce tickets. I haven’t been to a projects will come to a screeching halt minute. Maybe we ought to look at Beyonce concert, but I actually know about 3 months from now. this because this person has been ask- who she is. I actually realize, even at Make no mistake, this bill is about ing for replacement cards on a regular my age, that she is a star and every- protecting jobs and consumer interests basis. Are they really losing those body wants these tickets. So they ad- across the country. No one would ben- cards or are they using them for other vertised two tickets for $1,200 and said: efit from a lapse in funding or author- purposes? We can accept EBT cards for payment. ization as either one would threaten

VerDate Sep 11 2014 01:55 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.031 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2006 CONGRESSIONAL RECORD — SENATE April 13, 2016 the livelihoods of people throughout town were waiting with baited breath stitutes section 5028 of the FAA bill. the country. While from time to time to see what was in the tax title. This legislation will help a number of the passage of what should be consid- Don’t get me wrong. I am not a pur- smaller rural airports, such as some of ered routine legislation can get ist or foolhardy idealist. While I have those in Utah, to bring back TSA staff weighed down by unrelated issues, no made it clear that I would prefer that and security screening equipment if one seriously disputes the need to get the Senate pass a clean FAA bill, I certain conditions are met. the bill over the finish line. know that none of us can reasonably Under subtitle F of the bill, we have As the Presiding Officer knows, the expect to get everything we want out language taken from Pilot’s Bill of Senate Finance Committee, which I of every piece of legislation, particu- Rights 2, a bill that the Senate passed chair, is responsible for the tax title of larly when the goal is bipartisan com- with unanimous consent last year but the FAA bill. The trust fund is paid for promise. I am very much in favor of was not yet passed in the House. The through a number of tax provisions practicing the art of the doable, which general aviation community in Utah that are set to expire in July along sometimes means accepting things I will benefit tremendously from these with the authorization of expenditures don’t want to see happen. I have been provisions, which could potentially from the trust fund. These provisions willing to work with my colleagues to help thousands of general aviation pi- include longstanding taxes on domestic include other provisions in the tax title lots in Utah, saving them time and and international airfares, taxes on jet in order to get a deal on the overall money in managing their health and fuel, and others. FAA bill. fitness to fly. There are other provi- In years past, the Finance Com- I will leave it to others to charac- sions in the bill that will benefit Utah mittee has introduced and debated leg- terize what happened in those negotia- and most States throughout the coun- islation to renew and, if necessary, up- tions, as none of the items under dis- try. date those provisions. We typically cussion were high priorities for me. I In short, this is a good bill. From the have a markup and report the legisla- will just note that after weeks of dis- FAA reauthorization provisions to the tion out of committee. I had intended cussion, finger-pointing, and a little bit tax and funding title, it is the right ap- to follow a similar course with this of grandstanding, the decision was proach to addressing these particular year’s FAA bill. Unfortunately, that made to move forward on a clean 18- needs, and we need to get it done. isn’t how things worked out. month extension of the FAA funding Therefore, I urge my colleagues to sup- As we were working through the provisions, which once again, was my port Senator THUNE’s managers’ process in committee to set up an FAA preference from the outset. amendment as well as the overall FAA markup, it became clear that my Needless to say, I am pleased with bill. friends on the other side of this aisle the outcome. I wish we could have ENSURING PATIENT ACCESS AND EFFECTIVE saw the bill as an opportunity to add a taken a less contentious path to arrive DRUG ENFORCEMENT ACT number of extraneous items—provi- at this conclusion. Mr. President, I would like to talk sions that had nothing whatsoever to Still, this is a good outcome for the for a few minutes on S. 483, the Ensur- do with the FAA—to the bill and set American people and for all the indus- ing Patient Access and Effective Drug the stage for a politically charged de- tries that rely on a fully functional air- Enforcement Act. The Senate unani- bate in the Finance Committee. way system. The legislation before us mously passed this crucial legislation Now, I am not one to shy away from will extend the programs for a year and last month, and just yesterday the controversy, but with an item of this a half and provide greater certainty for House passed the bill as well. The bill importance—one that is a priority for people and businesses around the coun- now goes to President Obama for signa- Members on both sides—I didn’t see the try. On top of that, it will improve se- ture. benefit for either side in turning the curity on planes and in our Nation’s I would like to begin by thanking FAA tax title into another wide-rang- airports while also providing much Senator WHITEHOUSE for his important ing tax extenders bill and reducing the needed improvements to help con- work on this legislation. He and his robust debate process in the Finance sumers and airline passengers. staff have been crucial partners in Committee to a series of controversial I know that the people of Utah in my helping to move it forward. I am also votes. Moreover, given the small lead home State are particularly interested grateful for the support of our other time before the authorizing bill was to in seeing Congress finish its work on cosponsors—Senators RUBIO, VITTER, be up for floor debate, a markup that the FAA reauthorization. Over the last and CASSIDY. addressed anything more than the Fi- few months, I have heard from many S. 483 is not a long bill, but it is an nance Committee’s basic responsibility groups and businesses from Utah and important one. It clarifies several key to fund the FAA would have prejudiced elsewhere on a number of issues ad- provisions of the Controlled Substances Members on both sides in terms of dressed by this bill, including airport Act in ways that will strengthen ef- preparation. For all of these reasons, funding, drone safety, rural airport forts to fight prescription drug abuse we decided not to mark up the bill in needs, and general aviation. while ensuring patients retain access committee, and, instead, to resolve the Many people, when they think about to needed medications. matter here on the floor. Utah’s airways, probably think that we As we all know, prescription drugs It appears that it has been resolved. just have the one airport in Salt Lake play a crucial role in treating and cur- There will be voting before the end of City. Make no mistake, that is an im- ing illness, alleviating pain and im- the week on a simple extension of the portant airport, not only to Utah but proving quality of life for millions of taxes dedicated to the airport and air- to air travel and shipping all across the Americans. Unfortunately, these drugs way trust fund through the end of Fis- country and other parts of the world. can also be abused. A balance is nec- cal Year 2017. Ultimately, a clean ex- But my State’s interest in the FAA bill essary to ensure that individuals who tension of the FAA taxes like the one extends well beyond the Salt Lake City need prescription drugs for treatment before us is probably the best approach. International Airport. All told, we receive them but that such drugs are My main priority in developing this have 47 total airports in the State of not diverted for improper purposes. To legislation was to ensure adequate Utah, varying greatly in purpose, size, this end, S. 483 makes three important funding for the FAA and airway and overall capacity, all of which changes to the Controlled Substances projects and programs throughout the would benefit from this legislation. Act. country and to do so in a fiscally re- Many of these airports have new devel- First, it clarifies the factors that the sponsible manner. opment or expansion projects either Attorney General is required to con- Over the past few weeks, we heard a underway or in the planning stages. sider when deciding whether to register lot of talk about adding additional pro- The legislation before us will give as- an applicant to manufacture or dis- visions to the tax title and there were surances to these airports and allow tribute controlled substances. The cur- some efforts to once again stack this them to plan for future needs. rent text of the Controlled Substances legislation with extraneous items. In- The bill also includes important pro- Act instructs the Attorney General to deed, leading up to yesterday, lobbyists visions from the Treating Small Air- consider factors that ‘‘may be relevant and special interest groups all over ports with Fairness Act, which con- to and consistent with the public

VerDate Sep 11 2014 04:14 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.033 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2007 health and safety,’’ but it does not pro- lations and promote joint efforts be- In the ensuing landmark case, U.S. vide any guidance as to what those fac- tween government and private actors Term Limits, Inc. v. Thornton, the Su- tors might be. This vague language cre- to stem the tide of prescription drug preme Court held that States cannot ates uncertainty among advocates re- abuse. add additional qualifications to Fed- garding the standards they must meet S. 483 takes a balanced approach to eral offices, including a limitation on to obtain a registration. the problem of prescription drugs. It terms. Ray was the named defendant S. 483 reduces this uncertainty by clarifies and further defines the Attor- and believed in this constitutional tying those standards to Congress’s ney General’s enforcement powers principle. But shortly after the deci- findings in section 101 of the Controlled while seeking to avoid situations that sion, he announced his retirement from Substances Act regarding the benefits, may lead to an interruption in the sup- Congress, proving that the case was harms, and commercial impact of con- ply of medicine to suffering patients. It never really about him but rather his trolled substances. This change will reflects a measured, carefully nego- devotion to the Constitution. bring clarity to the registration proc- tiated compromise between stake- On a personal note, I got to know ess and provide better guidance to reg- holders and law enforcement that will Ray as he prepared to retire from Con- ulators as they consider applications to enable both to work together more ef- gress. Thanks to the recommendation manufacture or distribute controlled fectively. Most importantly, it will of a family friend who worked for Ray, substances. make a meaningful difference in our I interned at Ray’s Little Rock office The second change S. 483 makes is to homes and communities. for a few weeks in the summer of 1996. delineate the standards under which I want to thank my colleagues for Rather than the usual intern routine of the Attorney General may suspend a their support of this legislation, and I ‘‘clips’’—for you pages down front, that Controlled Substances Act registration urge the President to sign it into law. is when interns literally clip stories without a court proceeding. Under the With that, I yield the floor. out of the newspaper—I spent days and The PRESIDING OFFICER. The Sen- terms of the Controlled Substances days at a storage unit in southwest Pu- ator from Arkansas. Act, the Attorney General may sus- laski County, sorting through more pend a registration to manufacture or REMEMBERING RAY THORNTON than a quarter century of Ray’s public distribute controlled substances with- Mr. COTTON. Mr. President, Arkan- papers and preparing them for the ar- out court process if she determines sas lost a political legend today when chives under the supervision of his former Congressman Ray Thornton there is an imminent danger to the longtime, matchless advisor, Julie passed away at the age of 87. public health and safety. But the Act Baldridge. Ray Thornton grew up in Sheridan, does not define what constitutes an im- It was a fascinating history lesson in the child of two teachers. Ray’s intel- minent danger, leaving the Attorney Arkansas politics, and it highlighted a lect and quick wit was evident from an General’s authority under this provi- common theme of Ray’s career: his early age. He graduated from high sion essentially open-ended. This in commitment to do the right thing, as school at just 16 years old. He then turn leads companies to operate in the he saw the right, even when it was the headed off to the University of Arkan- shadow of uncertainty regarding when tough thing. Whether it was impeach- sas, eventually winning the Navy and whether a registration might be ment, that 1993 budget vote, or the Holloway Program scholarship to at- term limit case, Ray stood his ground. summarily suspended. tend Yale University. After college, S. 483 clarifies the Attorney Gen- Ray heeded what would be the first of But Ray did not leave public life after eral’s authority to immediately sus- several calls to serve his country and Congress, for he answered another call pend a registration by specifying that joined the U.S. Navy, where he served 3 to service, this time on the Arkansas such a suspension may be appropriate years with the Pacific Fleet during the Supreme Court, where he served until where there is a ‘‘substantial likeli- Korean war. 2005. hood of an immediate threat that After leaving the Navy, Ray returned Now Ray has gone home to his death, serious bodily harm, or abuse of home to Arkansas, earned a law degree Maker. While we join his family and a controlled substance will occur in the from the University of Arkansas, and friends in mourning the loss, we also absence of an immediate suspension of married Betty Jo, with whom he raised celebrate his long, well-lived life in the registration.’’ This will permit the three daughters. service to our country and Arkansas. Attorney General to issue immediate Ray began a successful legal career Rest in peace, Ray Thornton. suspension orders when necessary to before being elected attorney general I suggest the absence of a quorum. protect against an imminent threat of in 1970. After one term, Ray was elect- The PRESIDING OFFICER. The harm, while at the same time ensuring ed to the House of Representatives clerk will call the roll. The legislative clerk proceeded to that this power does not become a from Arkansas’s Fourth District. Ray sword constantly hanging over the call the roll. served with distinction, including on Mr. ROUNDS. Mr. President, I ask head of law-abiding companies. the Judiciary Committee, where he unanimous consent that the order for In addition to these important clari- helped draft the articles of impeach- fications, S. 483 will also facilitate the quorum call be rescinded. ment against President Nixon. The PRESIDING OFFICER (Mr. greater collaboration between distribu- In 1978, he narrowly lost an epic Sen- GARDNER). Without objection, it is so tors, manufacturers, and relevant Fed- ate primary fight, featuring him, fel- ordered. eral actors in combatting prescription low Congressman and later Governor drug abuse. In particular, the bill pro- The Senator from South Dakota. Jim Guy Tucker, and Governor, later (The remarks of Mr. ROUNDS per- vides a mechanism for companies that Senator, David Pryor. He then re- taining to the introduction of S. 2796 violate the Controlled Substances Act turned to the family business of edu- are printed in today’s RECORD under to correct their practices before the cation, becoming the only man to serve ‘‘Statements on Introduced Bills and Attorney General suspends or revokes as president of both Arkansas State Joint Resolutions.’’) their registration. Even inadvertent University and the University of Ar- Mr. ROUNDS. Mr. President, I yield violations may lead to suspension or kansas. the floor. revocation, disrupting the supply chain Ray returned to politics in 1990, win- I suggest the absence of a quorum. for the company’s prescription drugs. ning election to the House of Rep- The PRESIDING OFFICER. The This in turn can cause hardship for pa- resentatives again, this time from Ar- clerk will call the roll. tients who rely on the company’s drugs kansas’s Second District, serving an- The bill clerk proceeded to call the for treatment and cure. other three terms. Representing the roll. S. 483 alleviates this problem by al- Little Rock area, Ray was President Ms. MURKOWSKI. Mr. President, I lowing companies to submit a collec- Clinton’s Congressman, yet he voted ask unanimous consent that the order tive action plan to remediate the viola- against the President’s signature budg- for the quorum call be rescinded. tion before suspension or revocation, et in 1993. Also, around this time, Ar- The PRESIDING OFFICER. Without thus ensuring that supply chains re- kansans passed an amendment to our objection, it is so ordered. main intact. This provision will also State’s Constitution limiting the terms Ms. MURKOWSKI. Mr. President, as encourage greater self-reporting of vio- of Federal officeholders. we are trying to determine whether we

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.035 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2008 CONGRESSIONAL RECORD — SENATE April 13, 2016 have a path forward for an energy bill on the airplanes too. Make sure you Little Diomede. Little Diomede is we have been working on for months, have snow pants and boots on because about 16 miles off the coast of Alaska. as well as the FAA reauthorization, I sometimes these airplanes are cold, It is in the middle of the Bering Strait. thought I would take the time to come and unfortunately sometimes things You may have heard of Little Diomede to the floor to speak about the impor- happen. This is a fact of life, and I because it is 21⁄2 miles from Big tance of this much needed Federal think the Alaska delegation probably Diomede. Little Diomede is owned by Aviation Administration reauthoriza- logs as many miles as any Members out the United States. Big Diomede is tion, recognizing the importance of there—perhaps our friends from Hawaii owned by Russia. So when you hear what the FAA does. It is just a re- just a little bit more. It is a part of that statement about you can see Rus- minder to us that when we delay need- who we are. We have come to rely on sia from Alaska, when you are on Big ed reforms and those initiatives that that access with a pragmatism that Diomede, that is a true statement. provide some certainty of funding for perhaps some others don’t necessarily When you are sitting in this small is- airport improvements, it doesn’t help appreciate. land community of some 110 people, us out here, and that making sure we I can be at Reagan National, and if a your hub community for food, for are attending to these matters in a plane is canceled or there is a mechan- health care, for pretty much anything timely manner is important. ical problem, the tension is almost so is Nome, AK. That is where you go. I think it is fair to say that all of us thick you can cut it with a knife. Peo- During the summertime, during the in this body travel a fair bit. Most ev- ple are so frustrated. If your flight gets time when the ice is not frozen over in eryone, seemingly, will fly home to grounded in Alaska, it is like, well, the the Bering Strait, literally the only their respective States, visit with their weather has set in. My sister lived on way to get in and out is by helicopter constituents, and be with their families the Aleutian Islands for many years in because the island is so small and it is on weekends. Some of us who are from a community called Unalaska. When such a peaked island—basically a big farther away make efforts to be back she needed to take her family into An- rock coming out of the water—there is home as often as we can, but the dis- chorage some 800 miles or so away for no flat space for a runway. So you have tances might complicate it a little bit medical care or any other issues that a helicopter that provides for medical more. But I think it is fair to say that presented themselves that she would in and out and travel in and out. In the we see firsthand the inside of many of have to go to town, she basically winter, the residents will actually our Nation’s airports and see firsthand planned for 3 days on either end of her carve a runway into the ice so planes those areas where improvements can trip because weather shuts you in. can land on the ice to deliver essential certainly be made. I was in Fairbanks, AK, on a field products, whether it is food or medi- In my State of Alaska, for some of us hearing for the Energy and Natural Re- cine or the such. Sometimes you can’t the airport is almost as common and sources Committee 2 weeks ago, and it put the runway on the ice because the matter-of-fact as going to the grocery was a quick day trip up and back, but ice has been so compressed and jumbled store. It seems as though we are in and there was no plane that came my way. and you have ice ridges that don’t out of our small airports so much be- In fact, all the planes were grounded in allow for a place to land. Again, you cause it is how we get around. In a Fairbanks because a volcano blew are back to helicopter. State where 80 percent of our commu- about 800 miles to the south and the The good news for the residents of nities are not connected by a road, how winds were strong. It picked up the vol- Little Diomede—and this is thanks to do you get around? How do you get to canic ash and deposited it all the way the good work of my colleague Senator Dillingham? How do you get to Fort from Pavlof Volcano, down in the Aleu- SULLIVAN—Little Diomede will be join- Yukon? Well, you can take a boat. You tians, up to Barrow and down into the ing the other 43 communities in the could take a snow machine in the win- interior of Fairbanks. So what do we State that are part of the Essential Air ter. But the fact is, we fly. We are a do? We don’t panic. I was able to spend Service, and this will help provide flying State. And it is not a matter of the night with my sister, catch up on funding to keep the airport open so flying because it is a vacation or a family stuff, rent a car, and drove the people can continue to live in a place business trip. It is to go see the doctor. 7 hours to Anchorage the next day. It they have lived for generations. It is to go to high school. It is to go to messed up my schedule, but it is a mat- Nowhere in this country is Essential the grocery store—literally to the gro- ter-of-fact part of flying in Alaska. At Air Service so vital. The reason they cery store. So many of the people in the end of that week, I took a quick call it Essential Air Service is because the outlying rural parts of the State supposedly day trip to Kodiak to at- it is essential. In a place like Little will fly to Anchorage so they can shop tend our commercial fishing sympo- Diomede, it is essential. Forty-three at Costco, and instead of taking lug- sium. Halfway through the day, weath- communities in the State of Alaska, gage back home with them, they take er kicked up again. It wasn’t a volcano, compared to 113 across the rest of the toilet paper, diapers, canned goods, and but it was pretty tough winds, rain, country, are in Alaska. Many of these their grocery items. In one community, and fog. While the airport wasn’t shut locations are only accessible by air. As we have kids who literally instead of a down, the airplanes weren’t flying. You with Little Diomede, you don’t have a schoolbus to get to school, they take a find a friend’s house to go camp out for road in, you don’t have a road out. It small plane to fly across the river that the evening, and you hope the skies are truly does make the phrase ‘‘Essential separates their community from the favorable the next day. You don’t want Air Service’’ have meaning. school. to press the weather because when you Another community you have heard We are working to get them a bridge. are in the air and you are flying, you me speak about at great length—and in Some might suggest these are bridges want to be safe. fact we are going be having a hearing to nowhere. We think this is about con- I don’t tell you these stories to be focused on King Cove, AK. King Cove is necting people. Right now it is pretty dramatic about what happens with vol- a community that is at the beginning limited in our ability to move in and canos and weather in Alaska but to of the Aleutian chain. This is a com- out. When we talk about flying, for us speak to how integral air transpor- munity that has no road access in or in Alaska, it is a very matter-of-fact tation is to people in my State. A good out. It is accessible only by plane. It is way to travel. It is no frills. airport, a reliable flight schedule, this an area that suffers from some very You come from a cold State, Mr. is the equivalent of having a good road difficult weather conditions because of President. You know that if you and and a good car on the road. where it sits on the peninsula—the your family are going on a long trip I look very critically and very care- mountains, the ocean. The dynamics out on the road and you are going to be fully at things such as the FAA Reau- are such that it doesn’t allow their in the high mountains and the roads thorization Act because some of what small airport to be open for about one- might be treacherous and it is cold, we deal with in this measure is effec- third of the year. Think about that— you will be smart and you will pack tively a matter of life safety for many getting goods in and out, getting peo- some snow gear in the trunk. You of my constituents. Some of those for ple in and out, getting to safety if might have some emergency supplies whom flight is the only option in my there is a medical emergency. There is there. We do that when we are flying State live in the small community of a small airstrip there in King Cove. It

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We have an opportunity tomorrow cause in 2013 we worked together to Another issue the bill addresses that morning in the Committee on Energy pass the Small Airplane Revitalization I think is really important is human and Natural Resources to shine a spot- Act, and the law requires the FAA to trafficking. During the Commerce light on this issue, to remind people move forward with modernizing the Committee markup, we adopted my that since 1980 we have had 19 people Part 23 safety certification process for Stop Trafficking on Planes Act as an die due to plane crashes or injured resi- small airplanes. Updating the Part 23 amendment. This bill, which Senator dents who have waited for a safe way process—why we brought the bill to- WARNER and I introduced, will require out. I have brought up this issue with gether and passed it—will improve training for flight attendants so they Secretary Jewell so many times I can’t safety, decrease costs, and encourage can recognize and report suspected count it, but she continues to be a innovation for American small air- human trafficking. Flight attendants blockade and refuses to allow a road to plane manufacturers. are on the frontlines in the battle be built so these people can gain safe The bill before us actually builds on against trafficking, and this amend- passage. those efforts by requiring the FAA to ment will ensure they have the train- Since 2013, there have been 42 finish the Part 23 rulemaking by the ing they need to help prevent the hor- medevacs out of King Cove; 16 of them end of the year and make further re- ror and violence women and children carried out by the Coast Guard. This is forms to the certification process. It suffer as victims of human trafficking. one of those examples where if you will also help to ensure greater coordi- Obviously, Senator CORNYN and I led a have people who live in a place where nation with FAA regional officers when significant bill last year on this issue the elements and their geography dic- they interpret and implement FAA to give our law enforcement some bet- tate a level of concern for safety, where rules and regulations so that the avia- ter tools to be able to go after these tion industry has certainty. There are we can provide for safe transportation perpetrators, and this is really a con- also are provisions to help the FAA and systems, where we can provide them tinuation of that work. industry maintain global leadership on the access to the best air transpor- There is another important safety safety at a time when the aviation tation possible, which is over in Cold priority which I am concerned this bill market is becoming increasingly com- Bay, then we should be trying to do does not address. I filed an amendment petitive and global. that. with Senators MORAN and INHOFE to Senator MURKOWSKI and I have simi- The last issue I want to raise with clarify that the Oklahoma City aircraft lar but different interests here. In registry office provides essential serv- the FAA bill that is very important is Alaska, of course, people fly on a lot of ices and should remain open during a all that is going on with unmanned small planes to get places, and in Min- government shutdown. One might won- aerial systems. Alaska is home to one nesota we do the same thing, but we der why the Senator from Minnesota is of the six official FAA sites for un- also make planes. We have one of the concerned about the Oklahoma City manned aerial systems. It is managed biggest domestic manufacturers, Cir- aircraft registry office. The reason for by the University of Alaska Fairbanks. rus, in Duluth, MN, and so we share an the concern is that every aircraft sold The Pan-Pacific UAS Test Range Com- interest in the safety of small planes domestically, exported, or imported to plex is huge. It covers an area from the and also in expediting these safety reg- the United States must be registered Arctic all the way down to the tropics. ulations and getting them approved. It In Alaska, we have six test ranges. I has been taking the FAA a while to do and obtain FAA approval. These reg- think it is fair to say that provides that, so we are really glad this bill be- istrations are vital to the safety of our some pretty unique range for an oppor- fore us, the FAA reauthorization, actu- national airspace system, and they are tunity to conduct experiments. ally includes a deadline so that this all processed by the Oklahoma City In addition to incredible range, the can get done. aircraft registry office. Arctic itself offers a unique oppor- Last week I spoke about the security In addition to the safety risk from tunity for testing our UAS. It is vast. elements of this bill. I am a cosponsor closing the registry office—and that is It is remote. You are away from the of the amendments that we passed to what occurred during the shutdown— congestion of the lower 48. You are in strengthen airport security, improving we saw that it had a devastating eco- different climate conditions. So this is security in nonsecure areas of the air- nomic impact. The company I am talk- something where Alaska truly has been port, such as the check-in and baggage ing about, Cirrus, which makes these leading and pioneering, and we are very claim, and also tightening airline em- jets, had jets lined up in a warehouse proud of that. ployees’ access to secure areas of our for weeks and weeks and weeks—multi- I am encouraged that this bill re- airport. Those are important security million dollar products that were sup- quires the Department of Transpor- advancements and show how we can posed to be sold around the world. tation to develop a plan allowing UAS make bipartisan progress on an impor- They were unable to ship them out be- to operate in designated areas of the tant issue. cause this particular office in Okla- Arctic 24 hours a day and beyond line My airport has been experiencing sig- homa had been shut down. The General of sight. I think this is important not nificant delays in processing pas- Aviation Manufacturers Association only from the research perspective but sengers. There has been a bit of an im- estimates that $1.9 billion worth of air- hopefully for the commercial purposes provement since the Homeland Secu- craft deliveries were delayed during as well. rity TSA Administrator actually came the last shutdown, putting a severe I think it is fair to say there is good out and saw for himself what was going strain on many general aviation manu- work, strong work that has gone into on, and as a result, they gave us addi- facturers and their employees. this FAA reauthorization. I commend tional dog teams—similar to what we The Oklahoma City aircraft registry the chairman of the Commerce Com- are talking about in this bill—to help office is vital to the safety of our na- mittee, Senator THUNE, for his leader- us with security. In this case they also tional airspace system and the eco- ship, and I look forward to its passage walk the longer lines of passengers. nomic well-being of our aviation sec- in the very short term. I will certainly Once they are able to use the dogs, tor. An entire sector was shut down be- stand in support of that measure. which are highly efficient and good, it cause they couldn’t get approval to I yield the floor. will help to expedite the lines because keep selling their planes for a number The PRESIDING OFFICER. The Sen- the passengers become the equivalent of weeks. I urge my colleagues to sup- ator from Minnesota. of a precheck passenger, and they can port my amendment to ensure that MS. KLOBUCHAR. Mr. President, I move them along faster. this important office remains open in rise to speak in support of the Federal When I first heard we were getting a case we have another shutdown, which Aviation Administration Reauthoriza- few dog teams, I wasn’t sure if that we all hope does not occur.

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.043 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2010 CONGRESSIONAL RECORD — SENATE April 13, 2016 The last issue I came to the floor to they were too tired because of the way people overdosing and dying from this speak about in terms of a grouping of the cargo rules work. heroin and prescription drug epidemic. provisions in this bill is the Safe Skies This bill—the general bill that is be- It has been more than a month since amendment. I am on this amendment fore us—makes great strides in avia- we voted on this bill in the Senate. with Senator BOXER. She is leading tion security and safety. I think there Every day it is estimated that 120 this amendment, which is based on her are some things we can add to this bill. Americans die from drug overdoses. bill, the Safe Skies Act. This bill will By the way, Captain Sully That means we have lost more than close the so-called cargo carve-out. Sullenberger did an event yesterday 3,800 Americans to drug overdoses since There is absolutely no reason to ex- with Senator BOXER and me. He feels the legislation passed the Senate. We empt cargo pilots from the stronger strongly about this issue. He was the can’t wait. We have to move, and we pilot fatigue rules that we all passed one who made that miraculous landing have to move quickly on this because and Congress mandated after the tragic in New York. He stood with us and a it is an epidemic. 2009 crash of Colgan Flight 3407 outside bunch of pilots and said there is abso- The experts say that from 2000 to of Buffalo. lutely no difference between flying 2014, the rate of overdose deaths dou- I met those family members, I have cargo and flying people; it is just a dif- bled, leaving nearly half a million seen the tragedy, and I have talked to ferent kind of cargo. Americans dead from drug overdoses. others who have been in other crashes I look forward to continuing to work That is why we call it an epidemic. that were the results of pilot fatigue. on these amendments, and I urge my In Ohio alone, we have lost 160 Ohio- We had our own tragic air crash in colleagues to support this long-term ans since the Senate passed CARA. Minnesota when Senator Paul FAA reauthorization and avoid the un- Since 2007, drug overdoses have killed Wellstone and his wife Sheila died in a certainty of further short-term exten- more Ohioans than car accidents. Car small airplane, not a commercial air- sions. I hope we will be able to have a accidents used to be the No. 1 cause of plane, due to pilot error. That pilot vote on this very important safety accidental deaths in Ohio, and now it is supposedly had not slept for a long amendment. drug overdoses. It is probably true in time, and so we have seen this in my I yield the floor. your State too. own State. The PRESIDING OFFICER. The Sen- According to the Centers for Disease operations share the ator from Ohio. Control, CDC, Ohio now has the fifth same airspace as passenger airplanes, COMPREHENSIVE ADDICTION AND RECOVERY BILL highest overdose death rate in the the same runways, and the same air- Mr. PORTMAN. Mr. President, I rise country—top five, not something to be ports as the rest of the airline industry once again to talk about the urgency of proud of. Statewide, overdose deaths and the flying public. A tired pilot is a our passing the Comprehensive Addic- more than tripled from 1999 to 2010. We danger not only to himself or herself tion and Recovery Act in the House of have been told that over 200,000 Ohio- but to others in the air and to those on Representatives. This is legislation ans are addicted to opioids right now. the ground. that passed the Senate with a 94-to-1 It is not slowing down. Unfortunately, This issue is a top priority at NTSB. vote about a month ago. In fact, the this crisis continues, and therefore our They want to have this loophole closed, Senator from Minnesota, who just response cannot slow down. In fact, it and I don’t know how it could be more spoke, Ms. KLOBUCHAR, is one of the needs to speed up. telling than this dialogue. This hap- four original cosponsors of this legisla- Washington is not going to solve this pened in 2013 when two cargo airline pi- tion. She is one of those who feels so problem. It will be solved in our com- lots were tragically killed in a crash passionately about it, along with Sen- munities back home, but we can help. near the airport in Birmingham, AL. I ator WHITEHOUSE and Senator AYOTTE. We can be better partners, and that is will read an excerpt, which is right When this came bill came up for a what the Comprehensive Addiction and here on the chart, from the cockpit vote, all but one Senator said that this Recovery Act, CARA, does. It makes voice recorder on that flight. These is important, it is urgent, and we need Washington a better partner to be able were the two pilots speaking to each to address it. Passing it in the Senate to save lives. other just 20 minutes before this flight with that kind of a vote meant that Last week I talked about how it is af- went down. the House of Representatives would fecting one of our cities in Ohio— Pilot 1: I mean, I don’t get that. You know, likely take it up quickly, partly be- Cleveland, OH. I would like to update it should be one level of safety for every- cause over the last 3 years we worked everybody here and my colleagues in body. with the House. We didn’t just make the House about what is happening in They are actually discussing the fact this bipartisan, we made it non- Cleveland, OH. From March 10, which that these rules don’t apply to them. partisan. We didn’t just make it a Sen- was the day we passed CARA, to March They are not protected. They don’t ate project, we made it a House-Senate 27, the latest date for which we have have the 8-hour flying rule, and then project. It was bicameral. We intro- statistics, 29 people died from they can rest. duced the same legislation in the Sen- overdoses, and that is in one 17-day pe- ate that they introduced in the House. riod in one city. Over the course of one Pilot 2: It makes no sense at all. Pilot 1: No it doesn’t at all. I believe there are 119 cosponsors of long weekend during that period, eight Pilot 2: And to be honest, it should be that bill in the House. men and four women died of overdoses. across the board. To be honest in my opinion It has been subject to a lot of hear- During one long weekend in one city, whether you are flying passengers or cargo ings over here. It has been subject to 12 Ohioans overdosed, which included a . . . if you’re flying this time of day— five different summits here in Wash- 21-year-old and a 64-year-old. Some of They often fly in the evenings— ington, DC. We brought experts from the victims were White, some of the you know fatigue is definitely . . . all over the country to tell us what to victims were African American, some Pilot 1: Yeah . . . yeah . . . yeah . . . do. We don’t have all the best ideas of the victims were from the suburbs, Pilot 2: When my alarm went off I mean here in Washington, so we got the ideas and some of the victims from were I’m thinkin’ I’m so tired. from around the country. One reason from the inner city. This is affecting Pilot 1: I know. the legislation got this strong vote of all ages, all races, all backgrounds, and Twenty minutes later, this plane 94 to 1 in the Senate is that it does ad- all ZIP Codes. crashed, and both of the pilots were dress the problems people see in their Some of you may have heard the killed. We shouldn’t have to wait for communities. story of Jeremy Wilder. He is from more tragedies before we close this gap I want the House to act on this be- Portsmouth, OH, one of the areas that in aviation safety. cause it is so urgent. This legislation is hardest hit in Ohio. I urge all my colleagues to support will help right away in terms of help- In Portsmouth, OH, we had a town- Senator BOXER’s amendment and cre- ing to prevent drug abuse, helping hall meeting 6 years ago. I brought in ate a uniform rest standard for all pi- young people to make the right deci- the drug czar and law enforcement offi- lots. I don’t know how much clearer it sions, and helping people get into cials to deal with the prescription drug can be when the actual pilots who treatment and recovery which is evi- epidemic that was exploding at that crashed were discussing the fact that dence-based and works, rather than point. As we made more progress on

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.045 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2011 prescription drugs, heroin started to of overdoses as the coroner in that We know the bill we passed here come in, which is a cheaper alter- community. works. We know it is bicameral, and we native, and unfortunately more and There is a sense of urgency across know it has cosponsorship in the House more people got into the grip of that Ohio about this, a sense that it has got- to be able to get it done. We hope the heroin addiction. ten out of control. It is in the head- House will simply put CARA on the Jeremy Wilder of Portsmouth, OH, lines. People understand it. Wash- floor, pass it by a large bipartisan mar- said he became addicted to heroin and ington could use that sense of urgency gin, just as the Senate did, and get it sold drugs to pay for his own use. He too. Communities are taking action. to the President’s desk for his signa- told National Public Radio this: Ohio is taking action. Other States are ture. This is close to being a historic I sold dope to cops, I sold dope to lawyers, taking action. The Senate has taken achievement for this Congress and, I sold dope to doctors. I had a cop that used action by a 94-to-1 vote. That means it much more importantly, for the Amer- to drive me to my drug connection—rich is now time for the House of Represent- ican people. It is really one vote kids. I had two good friends that were very atives to take action. Right now, the away—one vote away—on the floor of wealthy, and because of their addiction, House version of CARA has 113 cospon- the House of Representatives. their parents have nothing today because sors. I will tell my colleagues why it is their children just drained them. This bill was written together with going to pass. It is going to pass be- That was on National Public Radio. us, on a bipartisan, bicameral basis, to cause Senators from every State in the There is no demographic, no State, ensure that we could get this legisla- Union representing every single con- no city, no county that is safe from tion through to the President for sig- gressional district supported this bill. this epidemic. nature and get it out to our commu- It has the support, more importantly, One of the big issues we have now in nities to begin helping to avoid not from groups all over the country, in- Ohio is heroin laced with what is called just these overdose deaths but all the cluding 130 different organizations, fentanyl, which is an even more power- dislocations occurring because of this stakeholders, the people who represent ful drug. In 2013, five people in Cleve- epidemic, all the families and all the those who are in the trenches dealing land died of overdoses of fentanyl, communities that are being torn apart with treatment, in the trenches dealing which we are told is up to 100 times and devastated. Prosecutors in Ohio with prevention. Our law enforcement more potent than heroin, depending on told me 80 percent of crime is related community—the Fraternal Order of the fentanyl. In 2014, that number in- to this opiate addiction issue. Police, the National Sheriffs’ Associa- creased by more than 700 percent. So I know the House majority leader has tion—they all endorse this legislation. from 2013 to 2014, a 700-percent increase said he wants the House to take on this These groups understand what is need- to 37 people dying. Last year, by the drug epidemic and pass legislation ed, and they want this help now. way, that number more than doubled sometime this month. I appreciate This is a unique opportunity for us to to 89 people dying of fentanyl that, and I know he is sincere. I move forward. In this political year, in overdoses. watched the Republican weekly address this partisan atmosphere, this is one Over the weekend—4 weeks after the by Congressman BOB DOLD of Illinois. issue that should not have any par- Senate passed CARA—in the middle of He did a very good job. It is clear to me tisanship to it at all. It should just get the day, a man overdosed and died at a that he is passionate about this issue, done. McDonald’s in a suburban community and I appreciate his advocacy on behalf Senator WHITEHOUSE and I crafted outside of Cleveland in front of a lot of of those who need our help. But I would this legislation together, again work- people, and there was a lot of media say that I didn’t notice any hearings or ing with others in the Chamber, as we coverage as a result. markups this week. talked about earlier. We drafted it with In Franklin County, annual overdose We passed this legislation in the Sen- a lot of different stakeholders from deaths have nearly quadrupled in the ate. It has been subject to all kinds of around the country, holding five fo- last decade. scrutiny and hearings, and it passed rums on various aspects of this debate. In Toledo, we lost 214 people to with a 94-to-1 vote. Are there other These forums were here in Washington, overdoses last year—a 50-percent in- ideas? Of course there are, and that is but we brought in experts from all over crease in just 1 year. We think now fine. But we know these ideas work: the country, knowing that is where the that some 10,000 people in the area are better prevention; better education; best ideas are going to be. addicted to heroin or opioids. more people in treatment and in recov- The best practices around the coun- People in Akron have been heart- ery that is actually evidenced-based, try are represented in the legislation. broken over the story of Andrew Frye. and it works; helping police officers to We have done this. We have done the Andrew’s mom was a heroin addict. An- have the Narcan they need to save factfinding. We have consulted with drew, his mom, and his grandmother lives—this miracle drug that can stop the experts—with the doctors, law en- all did heroin. Last week, Andrew’s an overdose from turning into a death; forcement, the patients in recovery, mom found him dead at the age of 16 in helping to ensure that prescription with the drug experts in the Obama ad- a Summit County hotel room. That drugs are taken off the bathroom ministration, including the White was his last week, 16 years old. shelves; stopping this overprescribing House Office of National Drug Control Summit County, by the way, where by having a drug-monitoring program Policy, including the Department of Akron is located, has seen its overdose because most people who are hooked on Health and Human Services and the death rate double in just 5 years. heroin started with prescription drugs. Department of Justice. We brought in I think we get the picture. This is We know these things. This legislation people from all over, and they agree clearly a growing epidemic. It is a does this. that this is where we can make problem that must be addressed. As I It provides around $80 million in ad- progress and make progress now. have said, no ZIP Code, no congres- ditional funding going forward. That That work is important. It should sional district is safe from this threat. funding is needed, again, to be a part- not be ignored. But much more impor- In Ohio, we understand that. Just in ner with State and local governments tant is the fact that people out there the last few weeks, there have been and nonprofits, not to take their place. are waiting for us. They are waiting for summits on this issue in Cincinnati, in We know this. us to act. Thousands of veterans, preg- Middletown, in Cedarville, OH. Again, Let’s get this legislation passed. nant women, and first responders are suburban, rural, and inner city commu- Let’s move this legislation separately. waiting because this legislation affects nities are all affected. It can be sent to the President’s desk all of them. Every single one of these On March 23, nearly 2 weeks after next week. We can begin to make groups would benefit from CARA, and CARA passed, the Franklin County progress now. If there are other ideas, they want it now. coroner, Dr. Anahi Ortiz, convened the that is great; send them over here and Think about the peace of mind we Franklin County Opiate Crisis Sum- we will work on them. We will work on could give parents by expanding pre- mit. She says she has seen children as our own ideas. There is always more to vention and educational efforts to pre- young as 14 die of drug overdoses. She do on this issue. Unfortunately, there vent prescription and opioid abuse and has seen toddlers and seniors alike die is always more to do. the use of heroin so that their kids

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.046 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2012 CONGRESSIONAL RECORD — SENATE April 13, 2016 don’t make that tragic mistake of ex- I have heard so many stories. I was in I am going to do everything in my perimenting one time—one time— a treatment center in Athens, OH, a power to protect the people of Ohio, which is sometimes all it takes. CARA couple of weeks ago meeting with even if that means continuing to come could give them some peace of mind. women who are now reunited with out here on the floor every week and CARA would increase drug disposal their children for the first time in continuing to do everything I can, in- sites to keep these medications—these years because they have taken the cluding making calls, as I did yester- prescription drugs and pain killers— brave and courageous step to get into day, over to the House of Representa- from getting into the wrong hands. We treatment. This grip of addiction is tives; including talking to my col- are already told by the Centers for Dis- very difficult. It is very difficult to es- leagues personally; and including tell- ease Control that the amount of pre- cape from, but they have done it. They ing some of these stories I have told scription opioids sold in the United are now in long-term recovery. They today. People’s lives are at stake. We States nearly quadrupled since 1999; are back at work. They have the dig- have to move this legislation. We need yet there has not been an overall nity and self-respect that come with to get it to the President’s desk. He change in the amount of pain Ameri- taking care of their family and being will sign it. And it can then begin to cans report. So how do we explain this at work. make a real difference for the families dramatic increase in prescriptions? On March 29, 19 days after we passed we represent who are so affected by Some of these drugs are being abused, CARA, the President spoke at the Na- this epidemic. or sold on the street to addicts. A sur- tional Prescription Drug Abuse and Thank you, Mr. President. vey in 2013 found that 4.5 million Amer- Heroin Summit in Atlanta, GA. At that I yield the floor. icans use opioids for nonmedical pur- summit we heard from Crystal Oertle I suggest the absence of a quorum. The PRESIDING OFFICER (Mr. LEE). poses. CARA would help make sure of Shelby, OH. She told her story of The clerk will call the roll. that prescription drugs don’t get into trying Vicodin because someone of- The senior assistant legislative clerk fered it to her. She became addicted be- the wrong hands. And set up the drug- proceeded to call the roll. monitoring program to better know cause she tried it once. Eventually she Mrs. FISCHER. Mr. President, I ask who is getting these drugs and why and needed something stronger and strong- unanimous consent that the order for be able to stop the inappropriate use. er, and pills weren’t always available the quorum call be rescinded. CARA would create law enforcement and they were more expensive. Heroin The PRESIDING OFFICER. Without task forces to combat heroin and meth- was more readily available and cheap- objection, it is so ordered. amphetamine and expand the avail- er, so she started using heroin. She UNANIMOUS CONSENT REQUEST—S. 2200 ability of naloxone and Narcan to our would drive an hour to Columbus, OH, Mrs. FISCHER. Mr. President, yes- law enforcement and first responders. with her 2-year-old daughter every day terday many Members of the Senate They know how important that is. to get her heroin. Her addiction drove came down to the floor to discuss the They know that if they had more train- her to theft. Her family supported her importance of equal pay for equal ing and more availability, they could and begged her to get help. She is now work. save more lives. Again, that is why law being treated. She is more than 1 year Republicans remain committed to enforcement, including the Fraternal sober. She is part of an outreach pro- enforcing our equal pay laws and pre- Order of Police, supports this legisla- gram, the Urban Minorities Alcohol venting discrimination. We all believe tion. Thank God we have them out and Abuse Outreach Program. She is wage transparency is an important there. If you talk to your police offi- taking opiate blockers, drugs that ac- tool, and we agree that employees have cers and firefighters, you will find that tually block the effects of opiates. This a right to freely discuss their com- they are doing this work every single is exciting new medication. She is get- pensation without the fear of retalia- day. They are intervening and saving ting counseling. She is part of a sup- tion. This transparency will allow em- lives every single day in your commu- port group with other people in treat- ployers and employees to identify what nity. ment. It is working. It is working for trends or factors exist and how they They know that this addiction epi- her, and it is working for many other are actually contributing to wage dis- demic is driving lots of other crime Americans. She is dedicating herself to parities. too. It causes thefts, violence, and eliminating the stigma around addic- No meaningful change to overcoming human trafficking. Last month in Co- tion to get more people to step forward the opportunity gap can occur without lumbus, I met with a group of traf- and to get into treatment because she this knowledge. We have bipartisan ficking victims. These were women. knows that if you treat addiction like agreement that preventing retaliation They all told me the same thing, which other diseases, it will have an impact will empower American workers and is that their pimps, their traffickers, on that stigma, more people will come will enable them to negotiate more ef- got them hooked on heroin and then forward, and more people will be able fectively for the wages that they have trafficked them, and in each case they to get their lives back on track. earned. Protecting employees from re- were trafficked on this Web site: There is hope. Addiction is treatable. taliation is an issue that all of us, backpage.com. This drug issue and We are told that 9 out of 10 people who Democrats and Republicans, can agree human trafficking are definitely re- need treatment aren’t getting it. on. Today we have a unique oppor- lated. Again, this is one reason CARA is so tunity to pass a bill that will strength- We are told by law enforcement that important: It will get more people into en our Nation’s equal pay laws for the so much of the crime—the majority of treatment. first time in over 50 years. Today we the crime in our State has been driven As I said before, I take the House have a chance to make a difference for by this drug addiction. leadership at their word when they say American workers. There are so many heartbreaking they would like to move this legisla- Mr. President, I ask unanimous con- stories, but there are also stories of tion and move it through regular order. sent that the Senate proceed to the im- hope. I have heard them firsthand. I I understand that, but I will say this: mediate consideration of Calendar No. have met people who have been in re- They need to move and they need to 278, S. 2200. I ask consent that the bill covery, who have made it through to move quickly because of the urgency of be read a third time and passed and the other side. So part of what this leg- this issue, because of the fact that in that the motion to reconsider be con- islation is saying is that this addiction their communities and in the commu- sidered made and laid upon the table. issue is an illness. Addiction is an ill- nities represented here on the Senate The PRESIDING OFFICER. Is there ness and, like other illnesses, needs to floor, which is every community in objection? be treated that way. It is a disease. But America—every single State here has a Mrs. MURRAY. I object. also, part of our legislation is saying U.S. Senator who supports this legisla- The PRESIDING OFFICER. Objec- that there is hope. We have seen where tion. tion is heard. treatment and recovery that is evi- People are waiting. They need the The Senator from Washington. denced-based can work to get people’s help. We can provide the help. We can UNANIMOUS CONSENT REQUEST—S. 862 lives back on track, to bring families make the Federal Government a better Mrs. MURRAY. Mr. President, the back together. partner. We can deal with this crisis. bill my colleague from Nebraska is

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.048 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2013 asking to bring to the floor falls far gotiate for equal pay, it would close ican women. While I am disappointed short of closing the wage gap. I want to loopholes in the Equal Pay Act, and it in today’s objection to my bill, I hope speak for a few minutes about why. At would create strong incentives for em- we can move beyond sound bites be- the end of my remarks, I have a unani- ployers to provide equal pay. cause this issue is too important to po- mous consent request. I want to make one thing very clear. liticize year after year. If we really want to offer working The Republican bill being offered today The Paycheck Fairness Act that my women solutions for wage discrimina- has zero Democratic cosponsors. It is colleague speaks of will inhibit em- tion, we should instead pass Senator not bipartisan. By contrast, before Re- ployers’ ability to establish merit- MIKULSKI’s Paycheck Fairness Act be- publicans politicized equal pay for based pay systems, and it will inhibit cause today women across the country equal work, the Paycheck Fairness Act employees’ ability to negotiate flexible make just 79 cents for every $1 a man actually passed the House of Rep- work arrangements. makes. This is an issue that Democrats resentatives in both 2008 and 2009 with The Independent Women’s Forum re- have been focused on for years. I am bipartisan support. Unfortunately, cently conducted a study on what mat- glad at least some Republicans finally since then, some Republicans have de- ters to women when they choose a job. recognize there is a wage gap problem, cided to make the wage gap about poli- They found that flexibility was a com- and I welcome their support for fixing tics and blocked it in the Senate. So mon theme. Whether providing flexible this systemic problem. Unfortunately, today I am glad Republicans do agree scheduling or offering alternatives like the Republican proposal that is offered with us that this is an urgent problem. telecommuting, women value flexi- today will not provide the solutions We need real solutions to address it. bility, and they value it at about the working women need. That is why I object to the Fischer same level as receiving 10 paid vaca- Many companies prohibit workers bill, and I urge my colleagues to sup- tion and sick days or receiving $5,000 to from discussing their pay. So if a port the Paycheck Fairness Act that $10,000 in extra income. This is impor- woman talks with her male colleague would tackle pay discrimination head- tant to women. We should be doing it. about their salary and discovers there on. The survey showed what many of us is a wage gap, her employer could fire Therefore, I ask unanimous consent already know. Every situation is dif- her or retaliate in some other way. The that the HELP Committee be dis- ferent, and by providing more options, Republican bill would make it illegal charged from further consideration of workers can negotiate work arrange- for an employer to retaliate against S. 862, the Paycheck Fairness Act; that ments that can suit their own par- workers for discussing salary but only the Senate proceed to its immediate ticular needs. when those conversations are for the consideration; that the bill be read a With these concerns in mind, I ob- express purpose of finding out if the third time and passed; and that the ject. employer is providing equal pay for motion to reconsider be considered The PRESIDING OFFICER. Objec- equal work. made and laid upon the table with no tion is heard. Nonretaliation is only one small part intervening action or debate. Mrs. FISCHER. I suggest the absence of the wage gap problem. It doesn’t The PRESIDING OFFICER. Is there of a quorum. provide nearly enough protections to objection? The PRESIDING OFFICER. The actually make a difference in closing The Senator from Wisconsin. clerk will call the roll. the pay gap. In today’s workplace, Mrs. FISCHER. Mr. President, re- The legislative clerk proceeded to many workers find out about pay dis- serving the right to object. call the roll. crimination by accident. Maybe they I have heard many times from my Mr. COONS. Mr. President, I ask see a spreadsheet that was left on a friends on the other side of the aisle unanimous consent that the order for copy machine or maybe a male col- that my proposal doesn’t go far the quorum call be rescinded. league’s salary comes up in casual con- enough. Respectfully, I believe some of The PRESIDING OFFICER. Without versation, but in these circumstances, the provisions of the Paycheck Fair- objection, it is so ordered. any worker who attempts to address ness Act go too far. I take issue with Mr. COONS. Mr. President, I ask the problem would have no protections the accusation from those who wrongly unanimous consent to enter into a col- from retaliation under this bill. The assert that my bill will make it harder loquy with the Senators from Min- only way to qualify for these limited for women to discuss wage discrimina- nesota and Connecticut. protections is if a woman uses the tion. I understand that my nonretalia- The PRESIDING OFFICER. Without magic words that pass a legal test tion language is different from the objection, it is so ordered. when discussing equal pay with her col- Paycheck Fairness Act, but the intent IRAN leagues. and the effect are the same. My bill Mr. COONS. Mr. President, in the It is even worse than that. This bill will protect women and men from re- months since world powers reached an can give workers a false sense of secu- taliation when they learn about or agreement to block Iran’s pathway to rity that their conversations about seek out information about how their building a nuclear weapon, Iran’s be- equal pay are protected, when instead compensation compares with other em- havior has given the international women can still be reprimanded or, ployees. community reasons for both some opti- worse, lose their jobs altogether for It is clear there is common ground to mism and continuing, serious concern. finding out their male colleagues earn make progress on equal pay when it The positive news has been that Iran more than them. So this Republican comes to wage transparency. Every has taken some real steps to restrain bill wouldn’t even solve the one narrow Senate Republican is on board with its nuclear programs. It has disabled problem it is trying to address. this proposal. It is a needed update to two of its short-term pathways to pro- Thankfully, we do have a bill that our equal pay laws. In 2014, every Sen- ducing weapons-grade material by ship- would address the wage gap. It is the ate Democrat welcomed a more limited ping nearly its entire stockpile of en- Paycheck Fairness Act that Senator but similar Executive order that was riched uranium out of the country and MIKULSKI has championed. The Pay- issued by President Obama that per- by filling its plutonium reactor with check Fairness Act would make it un- tained only to Federal workers. concrete. lawful for employers to retaliate My Workplace Advancement Act goes Iran has reduced its number of func- against workers for discussing pay, pe- further. It protects all Americans. tioning uranium-enrichment cen- riod. It wouldn’t involve a complicated Moreover, it is bipartisan. Five Senate trifuges by two-thirds, and the country legal test like the Republican proposal, Democrats are already on the record in has provided international inspectors and the Paycheck Fairness Act would support of this plan. So why do my 24/7 access to continuously monitor all help close the wage gap in so many im- friends from the other side of the aisle of Iran’s declared facilities. These are portant ways. not now support my bill? positive developments. Yet, at the If a woman finds out her male col- Colleagues, this is an issue we can same time, Iran continues to engage in leagues are paid more for the same agree on. It is clear my legislation en- deeply concerning activities, such as work, the Paycheck Fairness Act backs joys bipartisan support, and it can support for terrorism and efforts to fo- her up. It would empower women to ne- make meaningful progress for Amer- ment instability in the Middle East, to

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.050 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2014 CONGRESSIONAL RECORD — SENATE April 13, 2016 conduct illegal ballistic missile tests, In March, one of Iran’s defiant tests dation of our bilateral security efforts. and to continue to violate its citizens’ notoriously involved a missile that had Those efforts support not only Israel, most basic human rights. a disturbing and alarming message they are in the national interests of Today, my colleagues and I come to scrawled on the side: ‘‘Israel must be the United States of America. Indeed, the floor to draw attention to some of wiped off the face of the Earth.’’ This they are essential to our national in- the more grave, more concerning devel- explicit message, by the way, written terests in the region and in the world. opments of recent weeks. I am honored not only in Persian but in Hebrew, was While negotiations remain ongoing to have the company of my friend, the designed to directly threaten Israel. between the United States and Israel senior Senator from Connecticut, Mr. That is hardly speculation. regarding the historic renewal of the BLUMENTHAL, who joins me in address- It should not be tolerated by any Na- MOU, I want to express that I continue ing why Russia’s refusal to condemn tion. Even worse than Russia’s refusal to support making the MOU a truly Iran’s bad behavior—and, in fact, in to condemn Iran’s ballistic missile transformational investment to deepen some ways encouraging it—poses huge tests, is that Russia has essentially re- the U.S.-Israel strategic partnership. It security risks for our allies in the Mid- warded Iran for its bad behavior by is based on a shared understanding of dle East. continuing—even increasing—its co- the environment that confronts Israel I would now like to yield, if I could, operation with Iran through military and the United States together. Russia to my colleague from Connecticut. deals. is only exacerbating the threats in the The PRESIDING OFFICER. The Sen- In February, Iran’s Defense Minister region to our partnership—the United ator from Connecticut. visited Moscow to discuss purchasing States and Israel—as well as to each of Mr. BLUMENTHAL. Mr. President, I an array of weapons. Any sale of major our nations. want to express my gratitude to my combat systems to Iran in the next 5 The Russian-Iranian cooperation le- friend from Delaware, who is truly an years would require approval by the gitimizes and strengthens Tehran’s ad- expert on this issue, as a member of U.N. Security Council under Resolu- venturism, as well as the Assad regime the Foreign Relations Committee. He tion 2231. But the United States has in Syria, and threatens international has been a leader in this area, and I am made it clear that such a sale will not security. Moscow’s affair with Tehran delighted and honored to join him on be supported. Therefore, it will not be and beyond has brought Russian mili- the floor today to discuss the ever- approved by the U.N. Security Council. tary might to a network of terrorism evolving and concerning cooperation Media reports in recent weeks have that we must continue to monitor between Russia and Iran, particularly highlighted Russia’s shipment of parts closely and work to combat for the in recent months. He has very elo- of an S–300 air defense system to Iran. safety and security of the United quently and persuasively described a In addition, Russia and Iran are sup- States. It is our security and it is number of the concerns that we share. posedly in talks over Sukhoi fighter Israel’s security that is at stake, and I want to associate myself with what jets. If such sales are finalized and the the entire international community’s he has said here this afternoon. systems are delivered, Russia would be security. I again thank my colleague from As we all know, Iran has conducted directly defying U.N. Resolution 2231. Delaware for giving me this time and multiple ballistic tests in the last sev- Supplying weapons to Iran is particu- his patience in hearing me out. I look eral months. That is beyond question. I larly dangerous and potentially dam- forward to working with him and other have continuously condemned both aging because it is not done in a vacu- colleagues who are concerned about the Iran’s ongoing ballistic program and um. Russia’s growing partnership has Russian-Iranian cooperation. They are Iran’s failure to uphold its inter- far-reaching ramifications because certainly deeply concerning. I thank national obligations under the U.N. Se- Hezbollah, Iran’s terrorist proxy in him again for his leadership and vision curity Council resolutions by calling Lebanon, also benefits, at least indi- on this topic. for sanctions enforcement at the rectly, from Russian arms and military Mr. COONS. Mr. President, I thank Armed Services Committee hearings operational experience in Syria. my colleague from Connecticut—who and in letters to the administration The flow of support from Russia to has been determined, engaged, and and in public statements. Iran to Hezbollah feeds into yet an- thoughtful—for his wise words today We have been steadfast in this effort. other threat that deeply concerns me and for his persistence and his efforts While the administration has heeded and our greatest ally in the Middle in making sure that our colleagues on my calls by enforcing sanctions against East and one of our greatest in the both sides of the aisle are aware of 11 entities and individuals supporting world, Israel. Coupled with continued alarming developments in the region Iran’s missile program, clearly more chaos in the region, the Russian-Ira- and continuing to do everything we can must be done. The United States and nian cooperation, which strengthens in a responsible and bipartisan way to the international community must Hezbollah, only adds to the urgency support Israel’s security through the vigilantly enforce sanctions on Iran’s and importance of ensuring that Israel MOU, which he has referenced and on ballistic development, as well as its remains secure, stable, and inde- which he led a letter about the impor- state sponsorship of terrorism and pendent. tance of a prompt and supportive re- human rights violations which con- Last November, Senator BENNET and negotiation of that MOU, and calling tinue day in and day out. I co-led a letter to the President con- attention to Russia’s destabilizing ac- These steps must be taken to hold cerning the need to renew the memo- tions. this regime accountable and prevent randum of understanding on U.S. mili- As Senator BLUMENTHAL just ref- Tehran from believing it can violate tary assistance—the MOU, as it is erenced, recent reports convey that international law with impunity. Noth- known—with Israel to help that nation Iran is reporting that Russia has al- ing less is at stake here than that prin- prepare for, respond to, and defend ready delivered parts of this S–300 ciple. Yet Russia has refused to punish against threats in an uncertain re- weapons system—a defense system, Iran. As a world power and permanent gional environment and to ensure its they claim, but a weapons system that member of the U.N. Security Council, qualitative military edge. There is would significantly change the re- Russia can and must be doing more to nothing original or novel about that gional balance of power. counter Iran’s destructive deeds, in- policy or principle. I again thank my colleague from cluding ensuring that Iran abides by The current MOU provides $30 billion Connecticut for being shoulder-to- U.N. Security Council Resolution 2231. in assistance to Israel through fiscal shoulder with me on the floor today This resolution calls on Iran ‘‘not to year 2018. As threats in the region con- and in the months and years behind us undertake any activity related to bal- tinue to evolve, including Iran’s malign and the months and years ahead of us listic missiles designed to be capable of influence, reinforced and enabled by because it will be a longstanding chal- delivering nuclear weapons, including Russia, the administration must en- lenge to keep the Members of this body launches, using ballistic missile tech- gage at the highest levels to continue and folks in Washington focused on the nology.’’ That is a quote. That man- to develop a shared understanding of very real threat to America’s security date applies for up to 8 years from the threats confronting Israel by strength- and Israel’s security that is presented JCPOA’s adoption day, October 18, 2005. ening the MOU that serves as the foun- by Iran and its actions.

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.052 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2015 As Senator BLUMENTHAL mentioned, clear what specific version of this air- Churkin reiterated Russia’s commit- when it comes to countering Iranian craft Iran is seeking to obtain, these ment to the JCPOA and our shared aggression in the Middle East, a num- advanced weapons would significantly goal of preventing Iran from acquiring ber of Russia’s recent actions do enhance the capabilities of Iran’s Air a nuclear weapon, I left our conversa- threaten to do more harm than good. Force. tion convinced that Russia will con- Last summer, when the United Currently, Iran fields an outdated tinue to stand in the way of the inter- States came together with the United mix of antiquated Russian, Iraqi, national community’s efforts to penal- Kingdom, France, Germany, and Rus- American, and Chinese-built aircraft. ize Iran for its ballistic missile tests. sia to reach an agreement with Iran to Many of these planes date from the Russia’s military sales to Iran and block their pathway to build a nuclear Cold War. One particularly advanced intransigence at the U.N. Security weapon, the international community variety of this Russian jet, for exam- Council are disappointing, to say the was clear that the success of this deal ple, is armed with air-to-air, anti-ship, least, in light of Russia’s agreement to relied on every signatory keeping its and land attack missiles and bombs— the terms of this nuclear deal and the word and doing its part to prevent Iran precision munitions that would signifi- importance of all of us working to- from violating the deal. cantly increase the performance capa- gether in the international community The responsibility to enforce the bilities of the Iranian Air Force. They to constrain Iran’s bad behavior. terms of the JCPOA goes hand-in-hand could target other fighter aircraft, sta- The challenge for American diplo- with an understanding that world pow- tionary military facilities, and naval macy is to convince Russia that its ers must also push back on Iran’s bad vessels. In the hands of Iran, these military sales to Iran, its refusal to en- behavior outside the four corners of fighter jets would fundamentally gage in multilateral action to punish this agreement—specifically, its sup- change the balance of power in the Iranian ballistic missile tests, and its port for terrorism, its continued illegal Middle East and pose a threat to U.S. hesitancy to sanction Iran for sup- ballistic missile tests, and its human facilities and our local allies. porting terrorist groups harm not only rights violations. More concerning, according to some American interests but Russian inter- Despite its participation in the nego- reports, Iran is seeking not just to buy ests as well. tiations that led to the agreement, these aircraft but also to license their Enabling Iran to strengthen its mili- Russia reportedly plans to sell missile production in Iran, which would great- tary capabilities makes it easier for systems to the still-dangerous Iranian ly strengthen Iran’s industrial base and Iran in the future to one day return to regime, as well as—as referenced by its technical knowledge. It would also an effort to develop a nuclear weapon. Senator BLUMENTHAL—advanced fight- leave the international community Ballistic missile tests foment insta- er jets. Russia also continues to block with even fewer options to prevent Ira- bility in the whole Persian Gulf and the U.N. Security Council from taking nian access to this technology in the southern Europe, both of which lie action—necessary and responsible ac- future. close to Russia. As we have tragically tion—after Iran’s recent illegal missile At a recent Senate Foreign Relations seen in recent weeks, the scourge of tests, which contravene its commit- Committee hearing, Tom Shannon, the modern terrorism does not abide by ments under U.N. Security Council res- Under Secretary of State for Political international borders and poses a real olution 2231. Affairs, said the United States would threat to Russia as well. Despite the divisions that have ‘‘block the approval of fighter’’ aircraft In the coming months and years, the brought Congress to a standstill in re- sales from Russia to Iran. I urge the United States must continue to pursue cent years, I am confident that we all Obama administration to use all diplo- action at the Security Council and agree on one thing: that Iran must not matic measures available to it to en- work with our European allies to pun- be allowed to develop a nuclear weap- sure that we fulfill Under Secretary ish Iran for its bad behavior. on. I continue to believe the JCPOA Shannon’s commitment. With that, I yield to my friend the represents the least bad option for As my colleagues know, Iran could senior Senator from Minnesota, who blocking Iran’s pathway to a nuclear use these weapons to threaten U.S. as- has just joined me for the colloquy. bomb. sets in the Persian Gulf region, chal- Senator KLOBUCHAR has joined me to In recent months, as I have said, Rus- lenge the safety of our vital ally Israel talk about the importance of con- sia has repeatedly undermined the spir- and other close partners, or to protect tinuing to work to hold Iran account- it of that agreement, using the JCPOA illicit nuclear sites within Iran’s bor- able under the JCPOA, to urge a need as an excuse to proceed with dangerous ders. These threats are not just hypo- to confirm senior national security and provocative sales of allegedly de- thetical. Iran remains a rogue and un- nominees, and the imperative to sup- fensive equipment to Iran. According predictable regime that supports ter- port our regional partners, especially to news reports, as I said, Russia has rorism in the region and is publically of our ally Israel. begun delivering parts of the S–300 sur- committed to the destruction of valley. Senator KLOBUCHAR. face-to-air missile system to Iran. Al- The international community cannot The PRESIDING OFFICER. The Sen- though it is unclear how much of that stand by while Iran continues to ator from Minnesota. system has already been delivered, the threaten our allies and destabilize the Ms. KLOBUCHAR. Mr. President, I five S–300 systems Russia has promised Middle East. Its illegal ballistic missile thank Senator COONS for his work. As to Iran would contain 40 launchers, tests in March served as yet another he stated, Russia’s actions are very which could shoot down missiles or air- example that the Iranian regime is not harmful in the effort to bring peace in craft as far as 90 miles away. One a responsible member of the inter- the Middle East. Russia reportedly version of the S–300 currently in use by national community. These tests help plans to sell advanced aircraft and mis- the Russian military can travel nearly Iran to further develop missiles capa- sile systems to Iran, as Senator COONS 250 miles at five times the speed of ble of reaching most of the Middle East noted, and may begin making these sound. In a worst-case scenario, if Iran and even parts of Europe, and they de- shipments in the next few days. These backs out of the nuclear deal, this S– stabilize the region and belie Iran’s weapons could be used to destabilize 300 system would substantially limit supposedly peaceful intentions, stated the region and threaten the security of the international community’s options often by both its President and Foreign our allies, especially Israel. to act to prevent Iran from developing Minister. They claim Iran’s intentions Russia also continues to block the a nuclear weapon. are to serve as a responsible member of U.N. Security Council from taking ac- That is not all, though. Recent news the international community, but tion in response to Iran’s recent illegal reports indicate Russia and Iran are ac- these provocative missile tests clearly missile tests. These actions can only tively negotiating an agreement to contradict their commitments under embolden Iran and encourage Iran to allow Iran to purchase an unknown U.N. Security Council resolution 2231 disregard its commitment. number of Sukhoi Su-30 fighter jets— and demand a response. Russia, as a JCPOA country, a world similar to the one pictured here—some Last week I met with Vitaly power, and a member of the U.N. Secu- of the most advanced fighter jets avail- Churkin, the Russian Ambassador to rity Council, needs to be convinced able in the world. Although it is un- the United Nations. While Ambassador that it is in its best interests and in

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.054 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2016 CONGRESSIONAL RECORD — SENATE April 13, 2016 the interests of the international com- poses also means working to ensure allies and our enemies need to see a munity that Iran stick to its commit- that the money flowing into Iran now united and functional American front- ments under the JCPOA. I thank Sen- that nuclear sanctions are lifted is not line. And in order to hold Iran account- ator COONS for making those points. used to further destabilize the region able, we have to have these positions As he noted, I also stress the need to and spread terrorism. We must monitor filled. It is that simple. enforce Iran’s commitments under the the flow of terrorist financing and use The United States needs to limit Joint Comprehensive Plan of Action every tool available to punish bad ac- Iran’s destabilizing activity in the re- and also to confirm nominees for posi- tors who seek to do harm. But it is also gion. We need to give our allies in the tions vital to national security and to important for Iran to understand that region the support they need. As the support our allies in the Mid East. Pre- we will not hesitate to snap back sanc- Administration negotiates a new venting Iran from obtaining a nuclear tions if Iran fails to comply its com- Memorandum of Understanding for se- weapon is one of the most important mitments under the JCPOA. Sanctions curity assistance to Israel, I, along objectives of our national security pol- were effective at getting Iran to the with many of my colleagues, support a icy. table and they will continue to be a substantially enhanced agreement to I strongly advocated for and sup- tool that allows the United States and help provide Israel the resources it re- ported the economic sanctions that our allies to minimize the threat posed quires to defend itself and preserve its brought Iran to the negotiating table by Iran. qualitative military edge. Israel re- over the last few years. Those sanc- We must also continue to work with mains America’s strongest ally in this tions resulted in a nuclear non- our partners, including the United troubled region. A strong and secure proliferation agreement between Iran Kingdom, France, Germany, the Euro- Israel remains a central pillar of our and the United States, the United pean Union, and Russia to ensure that national strategy to achieve peace and Kingdom, France, Germany, Russia, the agreement is strictly enforced. Iran stability in the Middle East. and China that was implemented in must know that if it violates the rules, Those of us who supported the Iran January. But our work is clearly not the response will be certain, swift, and nuclear agreement have a special re- done. As we have seen over the past few severe. As Senator COONS mentioned, sponsibility to ensure that it works. In months, Iran continues to conduct bal- when the agreement was reached, its fact, this whole Senate has a responsi- listic missile tests and continues to success is ultimately dependent upon bility, regardless of whether Members support terrorism and threatening re- every country keeping its word to keep supported it or not. It is in the best in- gional stability. Now we are reading Iran from violating its commitments terest of our country. We cannot shirk news reports, as I noted, that Russia is under the agreement. We need the sup- from our duties and we must be vigi- selling a long-range surface-to-air mis- port of the international community to lant. We owe it to the American people, sile defense system to Iran. ensure that Iran sticks to its commit- to Israel, and to our allies. All of this means we have to remain ments. As we just heard from Senator Our mission here is clear: We must vigilant in our monitoring and in our COONS, Russia’s actions are harmful to protect our own citizens by exercising verification. That is why I sponsored this effort. our authority to enact strong legisla- the Iran Policy Oversight Act and en- Russia reportedly plans to sell ad- tion to ensure that Iran does not cheat courage my colleagues to pass it. The vanced aircraft and missile systems to on its international commitments. Be- bill does three important things to Iran and may begin making these ship- cause we know from experience that hold Iran accountable. First, it allows ments in the next few days. These Iran will test the international com- Congress to more quickly impose eco- weapons could be used to destabilize munity, we must be ready to respond nomic sanctions against Iran’s ter- the region and threaten the security of when it does. We must also minimize rorist activity. Second, the bill ex- our allies, especially Israel. Russia also the threat Iran poses to our citizens pands military aid to Israel. Third, the continues to block the U.N. Security and the world by doing everything in bill ensures that agencies charged with Council from taking action in response our power to stop Iran from funding monitoring Iran have the resources to Iran’s recent illegal missile tests. the world’s terrorists. they need. These actions can only embolden Iran It is critical that we take additional We also have to reauthorize the Iran and encourage Iran to disregard its steps to stop countries like Iran from Sanctions Act in order to ensure that commitments. Russia, as a JCPOA funding terrorism and destabilizing the we can hold Iran accountable if it vio- country, a world power, and a member world. Stopping Iran’s support of ter- lates the deal. The Iran Sanctions Act of the U.N. Security Council, needs to rorism protects us here at home, but it is up for reauthorization this December be convinced that it is in the best in- also helps millions of refugees fleeing and has been a pivotal component of terest of the international community Syria, the children that are starving in U.S. sanctions against Iran’s energy that Iran sticks to its commitments cities like Madaya, and the families sector, and its application has been under the JCPOA. fleeing mortar fire in Yemen. Our val- steadily expanded to other Iranian in- We also need to make sure that we ues of justice, democracy, and freedom dustries. Given Iran’s history, we can fill vacant frontline positions that for all demand nothing less. anticipate that it will continue to test hamper our ability to protect our coun- I yield the floor. the boundaries of international agree- try and work with our allies. While I Mr. COONS. Mr. President, I want to ments, and we have to be ready to re- was pleased that the Senate Banking thank Senators KLOBUCHAR and spond when it does so. Committee voted 14–8 last month to ap- BLUMENTHAL for joining me in this col- In summary, we must hold Iran ac- prove the nomination of Adam Szubin loquy, and I yield the floor. countable every step of the way. Im- as undersecretary for terrorism and fi- The PRESIDING OFFICER (Mr. posing harsh sanctions, as the adminis- nancial intelligence at the Department TILLIS). The majority leader. tration must do, against those respon- of Treasury, the fact remains that it UNANIMOUS CONSENT AGREEMENT—S. 2012 sible for Iran’s ballistic missile pro- should not have taken 325 days for the Mr. MCCONNELL. Mr. President, I gram, which threatened regional and committee to vote. This position is es- ask unanimous consent that at a time global security, is, of course, a good sential to national security as it tracks to be determined by the majority lead- start, but we must continue to sanc- the source of terrorist funding around er, in consultation with the Demo- tion Iran’s ballistic missile program as the world and should be filled as soon cratic leader, the Senate proceed to the well as its sponsorship of terrorism and as possible. consideration of S. 2012 and that it be abuse of human rights. We cannot delay confirmations if the in order to call up the following Any person or business involved in reasoning has nothing to do with pol- amendments en bloc, and that the helping Iran obtain illicit weapons icy and everything to do with politics. amendments be called up and reported should be banned from doing business Senator SHAHEEN came to the floor sev- by number: amendments Nos. 3276, with the United States, have their as- eral times to call for swift action on Cantwell, striking certain provisions; sets and financial operations imme- his confirmation, and I join her to urge 3302, as modified, Klobuchar, modifying diately frozen, and have their travel re- my Senate colleagues to vote on his a provision; 3055, Flake; 3050, Flake; stricted. Minimizing the threat Iran confirmation as soon as possible. Our 3237, Hatch; 3308, Murkowski; 3286, as

VerDate Sep 11 2014 04:56 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.055 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2017 modified, Heller; 3075, Vitter; 3168, Mr. REID. Mr. President, I am very are today with an agreement to move Portman-Shaheen; 3292, as modified, happy we are at this point. This legis- forward to final passage on a very sig- Shaheen; 3155, Heinrich; 3270, Manchin; lation has taken 3 years. It has been nificant energy bill for the country. 3313, as modified, Cantwell; 3214, Cant- hard to get to where we are today. We So I thank Senator CANTWELL, and I well; 3266, Vitter; 3310, Sullivan; 3317, can go back to a lot of hurdles that we would also like to recognize her staff, Heinrich; 3265, as modified, Vitter; 3012, have had to jump to get to where we led by Angela Becker-Dippmann, and Kaine; 3290, Alexander-Merkley; 3004, are now, and we can affix blame to a my energy team, led by Colin Hayes, Gillibrand-Cassidy; 3233, as modified, lot of different people, but there is no who have put in yeoman’s work to get Warner; 3239, Thune; 3221, Udall- need to do that today. We are where we us to this point. Portman; 3203, Coons; 3309, as modified, are, and we should accept that with I would like to think we could kick Portman; 3229, Flake; 3251, Inhofe. glee. this whole thing out tonight, but we I ask consent that immediately fol- I am gratified we are able to reach are not going to be doing that. We do, lowing the reporting of the amend- this agreement, and that is an under- however, have the glidepath forward, ments, it be in order for the Senate to statement. It is an important piece of and I thank not only those on our re- vote on these amendments en bloc, as legislation. Is it perfect? Of course not. spective teams but also those here on well as the Murkowski amendment No. But nothing we do legislatively is. We the floor who have helped us with this 2963, with no intervening action or de- are trying to work things out through as well. bate; further, that it be in order to call compromise. This is a good oppor- With that, Mr. President, I yield the up the following amendments en bloc tunity for us to show we can do that. floor. and that the amendments be called up We have tried to move this legisla- I suggest the absence of a quorum. and reported by number: amendments tion for 3 years, and I really appreciate The PRESIDING OFFICER. The Nos. 3234, as modified, Murkowski- the patience of JEANNE SHAHEEN from clerk will call the roll. Cantwell; 3202, Isakson-Bennet; 3175, New Hampshire. She has worked on The legislative clerk proceeded to Burr; 3210, Lankford; 3311, Boozman; this and has been so disappointed so call the roll. 3312, Udall; 3787, Paul; that there be 2 many times. I hope she feels as good as Mr. HOEVEN. Mr. President, I ask hours of debate, equally divided in the the rest of us. unanimous consent that the order for usual form, on the amendments con- I also want to thank the ranking the quorum call be rescinded. currently; that no further amendments member of the Energy Committee. She The PRESIDING OFFICER. Without to these amendments be in order; and has had other responsibilities before, objection, it is so ordered. that following the use or yielding back but those of us who have worked with CONGRATULATING THE UNIVERSITY OF NORTH of that time, the Senate vote on the Senator CANTWELL know how per- DAKOTA MEN’S HOCKEY TEAM amendments in the order listed, with a sistent she can be. She is tireless in ad- Mr. HOEVEN. Mr. President, I rise to 60-affirmative-vote threshold for adop- vocating for what she thinks is appro- talk about the University of North Da- tion of each of the amendments with priate. So I appreciate what she has kota men’s hockey team, which won a no intervening action or debate; fur- done in the last few days to get us to national championship last Saturday. ther, that following the disposition of this point. Undoubtedly, like everybody else, the the Paul amendment No. 3787, the Sen- I am grateful that we are done with Presiding Officer was glued to his TV ate vote on the Cassidy amendment No. this and that we are going to finish set watching the exciting game be- 2954, with a 60-vote-affirmative thresh- this bill. We will have to work it out tween the University of North Dakota old for adoption; that following the dis- timewise. It will not be the easiest men’s hockey team and Quinnipiac. position of the Cassidy amendment, the thing, but we should be able to do that. The UND hockey team prevailed 5 to 1 substitute amendment No. 2953, as We have other things we need to do. We in an exciting game in front of about amended, be agreed to, and that not- have an appropriations bill coming up. 20,000 fans. It was just fantastic. withstanding rule XXII, the Senate We are going to finish with the FAA, I So I am here to read a resolution into vote on the motion to invoke cloture, hope, pretty soon. I hope nobody is the record from the United States Sen- upon reconsideration, on S. 2012, as going to be demanding a lot of amended; that if cloture is invoked, all ate congratulating the University of postcloture time on that. postcloture time be yielded back, the North Dakota men’s hockey team for So I would hope, Mr. President, we winning the 2016 National Collegiate bill be read a third time, and the Sen- can use this as a pattern for what we ate vote on passage of S. 2012, as Athletic Association’s Division I Men’s can do in the future to get things done amended; finally, that budget points of Hockey Championship. for the American people. order not be barred by virtue of this Whereas the University of North Dakota The PRESIDING OFFICER. The Sen- (referred to in this preamble as ‘‘UND’’) agreement. ator from Alaska. The PRESIDING OFFICER. To clar- Men’s Hockey Team won the 2016 National Ms. MURKOWSKI. Mr. President, I Collegiate Athletic Association (referred to ify, amendments Nos. 3055 by Flake would like to acknowledge and thank in this preamble as the ‘‘NCAA’’) Division I and 3229 by Flake. the majority leader and the minority Men’s Hockey Championship Game in The majority leader. Tampa, Florida, on April 9, 2016, in a hard Mr. MCCONNELL. Mr. President, I leader for their cooperation and their help in getting us here and specifically fought victory over the Quinnipiac Univer- want to take a moment here to con- sity Bobcats of Connecticut by a score of 5 to gratulate Chairman MURKOWSKI for recognize the good work of Senator 1; what could best be described as a long CANTWELL. You do not get to a point in Whereas the UND men’s hockey team and march. Her persistence and determina- this body with significant legislation if Coach Brad Berry had an incredible 2015–16 tion to pull this very important bill to- you don’t have a willing partner on the season and became the first head coach to gether with a lot of Senators with dif- other side. win the National Championship in his first ferent views at points along the way We have not taken up energy reform season as head coach; or any real energy legislation in over 8 Whereas UND has won its eighth NCAA has been a really extraordinary accom- Frozen Four Championship— plishment and, frankly, has been fun to years now, and in those intervening 8 Second only to Michigan. Michigan watch because she certainly knows how years, much has happened in the en- has won nine. We hope to remedy that to manage a bill, how to get to a con- ergy space. Our policies as they relate clusion, and she did that in an extraor- to energy, whether it is LNG exports or next year and get our ninth, and then dinary fashion. renewables, haven’t advanced. And the pass by the University of Michigan— I also want to thank Senator CANT- commitment that Senator CANTWELL ending the season with a 34–6-4 record; WELL, her ranking member. The two of and I made to one another over a year Whereas Coach Berry and his staff have in- them worked well together, and I think ago to try to move legislation—not stilled character and perseverance in the just to move messages but to move leg- UND players and have done an outstanding we are on the cusp here of something job with the UND hockey program; very important and very much worth islation—was a commitment that held Whereas the leadership of Interim Presi- doing for the American people. us through a lot of hearings, a lot of dent Ed Schafer and Athletic Director Brian The PRESIDING OFFICER. The mi- discussion, a lot of debate going back Faison has helped further both academic and nority leader. and forth, but to the point where we athletic excellence at UND;

VerDate Sep 11 2014 01:29 Apr 15, 2016 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD16\APR2016\S13AP6.REC S13AP6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2018 CONGRESSIONAL RECORD — SENATE April 13, 2016 Whereas thousands of UND fans attended The PRESIDING OFFICER. Without polluters say climate change is real the championship game, reflecting the tre- objection, it is so ordered. and they say that a carbon fee makes mendous fan base of the University of North CLIMATE CHANGE sense, but they put their entire mas- Dakota that showcases the spirit and dedica- sive lobbying and political operations tion of UND hockey fans, which has helped Mr. WHITEHOUSE. Mr. President, propel the team’s success; and this is the 133rd climate speech that I to work to prevent Congress from actu- Whereas the 2016 NCAA Frozen Four Divi- have delivered, and it has been an ally acknowledging that climate sion I Hockey Championship was a victory amazing week. On Saturday, the New change is real or from working on leg- not only for the UND men’s hockey team, York Times posted its cover story islation to establish a carbon fee—even but also for the entire State of North Da- about dying coral reefs in our oceans. a carbon fee that would dramatically kota— On Sunday, the cover story in the reduce the corporate income tax rate. We take great pride in our hockey Providence Journal was about drown- For example, USA TODAY reported and our tremendous UND hockey ing salt marshes in Rhode Island. Both this week that oil titan Chevron has team— are the handiwork of climate change. pumped at least $1 million into the Now, therefore, be it Even more amazing, listen to what a super PAC set up to keep the Senate in Resolved, That the Senate— Koch brothers operative said last week: the hands of the climate denial party. (1) congratulates the University of North ‘‘Charles has said the climate is chang- I don’t know of a penny that Chevron Dakota men’s hockey team, the 2016 Na- ing. So, the climate is changing.’’ That has put into supporting climate action tional Collegiate Athletic Association Divi- sion I Men’s Hockey champions; was Sheryl Corrigan speaking, of Koch in Congress. Say one thing; do another. (2) commends the University of North Da- Industries, the massive fuel conglom- A new report from the nonprofit re- kota players, coaches, and staff for their erate led by Charles and David Koch, search organization Influence Map hard work and dedication; and and the Charles was Charles Koch. shows that two other major oil compa- (3) recognizes the students, alumni, and She went on: ‘‘I think he’s also said, nies, along with three of their industry loyal fans for supporting the UND men’s and we believe that humans have a trade groups, spend as much as $115 hockey team on their successful quest to part in that.’’ million a year to lobby against the capture another NCAA National Champion- Climate change is real, it seems, and very climate policies they publicly ship trophy for the University of North Da- manmade if even they say so. kota. claim to support. Say one thing, do an- What this really means is that the other. We are very proud of our university, denial shtick has collapsed entirely. of the leadership there at the univer- This chart shows the streams of We saw this coming with the oil and money from ExxonMobil and Royal sity, of the coaches, the staff, and gas CEOs. In the runup to the Paris cli- these tremendous student athletes. Dutch Shell—whose CEO, by the way, mate summit, the chief executive offi- signed the oil-and-gas Paris declara- They conducted themselves so well cers of 10 of the world’s largest oil and both on and off the ice. They had an tion—as well as the American Petro- gas companies declared their collective leum Institute, the Western States Pe- absolutely impressive run through the support for a strong international cli- postseason. troleum Association, and the Aus- mate change agreement. tralian Petroleum Production & Explo- I think Quinnipiac only lost about ‘‘We are committed to playing our three games all year, so they had an in- ration Association. That is Shell and part,’’ they professed. ‘‘Over the com- that is Exxon. credible record. They were rated No. 1 ing years we will collectively strength- This money deluge—total spent, $114 in the country. Our hockey team came en our actions and investments to con- million—includes advertising and pub- in and played a fantastic game. It was tribute to reducing the GHG intensity lic relations, direct lobbying here in an exciting game to watch, but on both of the global energy mix.’’ Congress and at State houses, and po- sides tremendous athletes. Congratula- So if the oil and gas CEOs will not do litical contributions and election- tions to Quinnipiac on a great year and it and now even the Koch brothers will eering. Don’t think any of this goes to on an outstanding program. not do it, it looks like denying climate support a solution to climate change. We played Denver in the semifinals. change is no longer acceptable—even to They also had a great year. Boston Col- those who most cause it. What this chart doesn’t show is the lege was in the other bracket. They As we know, Big Coal took another dark money these corporate behemoths were outstanding hockey programs. It path, denying to the end, and for many funnel through phony-baloney front was a great hockey tournament. There players in the coal industry it really is groups, often untraceable, to under- was a fantastic fan base from all the the end. The industry is being dev- mine public understanding of the cli- schools. Again, back to the quality of astated by market forces and is in pre- mate crisis and to undermine action in the athletes, the student athletes who cipitous decline. As I noted in my last Congress. Front groups have been testi- were competing—great character. They climate speech, the Wall Street Jour- fying this very week in the Environ- handled themselves well and had great nal reported that the ‘‘war on coal’’ ment and Public Works Committee sportsmanship. It is exactly the kind of was a war on coal by the natural gas against climate action. Was there any thing we like to see not only for our industry, and the natural gas industry pushback from Charles Koch or from State but the other States that were has won. the oil CEOs? No. Nor does this chart there and the teams that were rep- Appalachian Power president and show the undisclosed fossil fuel mil- resenting. CEO Charles Patton told a meeting of lions dumped into our elections thanks It was a great tournament all around. energy executives last fall that coal to the regrettable Citizens United Su- Also, thanks and congratulations to was losing a long-term contest with preme Court decision. everyone in Tampa for hosting the natural gas and wind power. Today we Academic researchers like Robert tournament and doing an absolutely learned America’s largest coal com- Brulle at Drexel University, Riley fantastic job. We had thousands of fans pany, Peabody Energy, filed for bank- Dunlap at Oklahoma State University, outside the arena after the game savor- ruptcy, as Arch Coal did in January. Justin Farrell at Yale University, and ing the victory and having a great In recent years, one report found 26 Michael Mann at Penn State Univer- time. The city of Tampa and the arena U.S. coal companies have gone into sity, among many others, have studied could not have been more hospitable, bankruptcy. Some of the most notable and are exposing the precise dimen- so we want to say thank you and ex- bankruptcies include James River Coal sions and functions of the corporate press our appreciation. Again, con- and Patriot Coal Corporation, which climate denial machine. It is quite a gratulations to a great team on a great had combined assets that totaled $4.6 piece of machinery. Investigative writ- year. billion. ers like Naomi Oreskes, Erik Conway, I yield the floor. Denial was not a winning strategy Naomi Klein, and Steve Coll are also The PRESIDING OFFICER. The Sen- for the coal industry. If outright denial on the hunt. ator from Rhode Island. of manmade climate change is no Jane Mayer of The New Yorker has Mr. WHITEHOUSE. Mr. President, I longer a viable strategy, what is left? put out an important piece of legisla- ask unanimous consent to speak for up It is an old classic: Dissembling—say- tion—her new, aptly titled book ‘‘Dark to 20 minutes as in morning business. ing one thing and doing another. The Money,’’ about the secret but massive

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.072 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2019 influence-buying of rightwing billion- Chamber of Commerce, which is prob- MORNING BUSINESS aires led by the infamous Koch broth- ably more accurately defined now as ers. Mayer’s book catalogs the rise and the chamber of carbon, the American CRIME VICTIMS’ RIGHTS WEEK the expansion into a vast array of front Petroleum Institute, even the National AND THE JUSTICE FOR ALL RE- groups of this operation and the role in Association of Manufacturers, the Na- AUTHORIZATION ACT it of two of America’s more shameless tional Federation of Independent Busi- villains Charles and David Koch. ness, and the Farm Bureau—Big Oil Mr. LEAHY. Mr. President, every If you want a little more history on year in April, we pause to observe Na- and the Koch brothers have locked this unholy alliance, you can read tional Crime Victims’ Rights Week, them all down. It is a wall of opposi- ‘‘Poison Tea,’’ a new book out by Jeff and this year marks its 35th anniver- Nesbit. Mr. Nesbit was a Republican tion among those groups to any sen- sary. Since 1981, in communities across who worked in the Bush 41 White sible conversation about carbon pollu- the Nation, people have observed this House. He was there at the creation. He tion. week with candlelight vigils and public has reviewed an enormous array of doc- I have spoken before about the well- rallies to renew our commitment to uments and he has written an amazing defended castle of denial constructed crime victims and their families. expose´. by the big polluters to attack and har- Vermonters have always banded to- The Koch brothers’ say one thing, do ass their opponents and to keep out the gether to help crime victims and their another strategy is every bit as bad as unwelcome truths of climate science. families. That is just who we are, and the say one thing, do another strategy Built as it is on a foundation of lies, I am proud of that long tradition. It is of their oil and gas allies. Remember, vitally important that we continue to here is what they now say: the denial castle is bound to crumble. We have seen cracks begin to appear in recognize the needs of these survivors Charles has said the climate is changing. and work together to promote victims’ the edifice. This revelation on the part So, the climate is changing. . . . I think he’s rights and services. also said, and we believe that humans have a of the Koch brothers that they finally One of our most important tools to part in that. see that climate change is real and do so is the Victims of Crime Act of Again, that is the Koch Industries’ manmade is another collapse. It is a 1984 and the crime victims fund that it rep. big collapse. But don’t believe they are created. I strongly supported passage Here is what they still do: They surrendering their position entirely. of this critical legislation, which has threaten that Republicans who support What we see here in Congress is that been the principal means through a carbon tax or climate regulations they are still fighting as hard as ever. which the Federal Government has would ‘‘be at a severe disadvantage in the Republican nomination process. They are just conceding some of their supported essential services for crime . . . We would absolutely make that a more extreme positions because they victims and their families for more crucial issue.’’ know some of their nonsense is now than three decades. It is time to review That is the President of Americans simply beyond the pale and is not ac- and renew that law, and I have been for Prosperity, the juggernaut of the ceptable. This is just a strategic re- working closely with Senator GRASS- Koch brothers-backed political net- treat from a preposterous stance. LEY in that effort. Next week, the Sen- work, which has promised to spend, be- ate Judiciary Committee will hold a Every major scientific society in hearing to assess the crime victims lieve it or not, $750 million just in this America agrees on the cause and ur- 2016 election. What on Earth could they fund and discuss how to ensure that it gency of climate change, and, I think, possibly want to spend $750 million on? continues to meet the changing needs Americans for Prosperity’s president so do every one of our major State uni- of victims. also takes credit for the ‘‘political versities—certainly every one I have The Justice for All Act is another peril’’ they are proud to have created looked at—all of our National Labs, important law that promotes victims’ for Republicans who cross them on cli- NASA, NOAA, America’s national secu- rights. I am working with Senator COR- mate change. This threat is not subtle. rity and intelligence community, and NYN to reauthorize this vital legisla- Step out of line and here come the at- all the corporations that signed the tion. Our bill will further strengthen tack ads and the primary challengers American Business Act on Climate the rights of crime victims; improve all funded by the deep pockets of the Pledge, which includes major corpora- the use of forensic evidence, including fossil fuel industry, powered up by Citi- tions from a lot of our Republican col- rape kits, to provide justice as swiftly zens United. leagues’ home States. That is a lot of as possible; and protect the innocent by improving access to post-conviction The result? The issue of climate information to deny and ignore, and DNA testing. change is completely absent from the that is an awful lot of legitimate peo- Republican campaigns. They really The Justice for All Reauthorization ple to claim our part of the hoax. don’t want to talk about it. Every Re- Act builds on the work I began in 2000, publican candidate has gone into si- Here it comes—the whole structure when I introduced the Innocence Pro- lence or outright denial. Their silence of deceit and denial erected by the fos- tection Act, which sought to ensure or outright denial is exactly paralleled sil fuel interest is creaking and crum- that defendants in the most serious on the floor of this body. bling. More than a dozen attorneys cases receive competent representation Just this week, a bipartisan effort to general are starting to poke and probe. and, where appropriate, access to post- extend tax incentives for renewable en- My Republican colleagues may want to conviction DNA testing. I served ergy fell apart after it was reported consider getting out of the way of this proudly as a prosecutor in Vermont for that the Kochs and an array of their because the day is coming—and soon— 8 years, and I believe that we must find those responsible for crimes and pros- front groups told the Senate majority when the whole denier castle collapses, ecute them. But we must also ensure to cease and desist from allowing an and that day cannot come too soon. extension of renewable tax credits the that our system does not wrongly con- majority had already agreed to. I yield the floor. vict those who are innocent. DNA test- So down came the FAA bill com- I suggest the absence of a quorum. ing is often necessary to prove the in- promise. Of course, the Big Oil tax nocence of individuals in cases where credits have been baked into the Tax The PRESIDING OFFICER. The the system got it grievously wrong. Code, and there is no contesting them clerk will call the roll. ‘‘Innocent until proven guilty’’ is a that is allowed. We now have a field in The senior assistant legislative clerk hallmark of our criminal justice sys- which renewable tax credits that were proceeded to call the roll. tem, but when a person who has been agreed to are not in place, but Big Oil Mr. INHOFE. Mr. President, I ask found guilty is truly innocent, we can- protects its own tax breaks as the fos- not stand idly by. We must act to exon- unanimous consent that the order for sil fuel industry attacks the renewable erate that person. the quorum call be rescinded. tax breaks. The Innocence Protection Act passed Look at what fossil fuel influence has The PRESIDING OFFICER. Without as part of the original Justice for All done to the business lobby groups. The objection, it is so ordered. Act in 2004, and since that time, at

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